August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22875 taken by certain times. First, we will rial ceremonies for Operation Dragoon, million. Then he began to bleed off seek a multilateral lifting of the arms which had for months been called Oper- readiness money into various causes. embargo; that is preferred by everyone. ation Anvil. It is where United States This is a recent study that Andy Ellis But, if it does not happen, we should forces landed in southern France to found by use of the Congressional Re- not be bound to support an embargo begin, with all of our hard fighting search Service. We have quadrupled that is considered by many to be com- forces in the 80-day Battle of Nor- non-defense spending from fiscal year pletely illegal in the first place, espe- mandy, an end to the reign of terror of 1990, which was George Bush's first de- cially if the Serb Militants continue to Nazi Germany across the face of Eu- fense budget that he guided through refuse to accept a settlement. It gives rope. And Audie Murphy, a young lieu- with our committee's help here and in meat to the comments of Secretary of tenant, Medal of Honor winner of the the Senate in 1989. It has gone from $3.5 State Christopher, who noted that we Third Division fame, was taking his ex- billion in fiscal year 1990 to a projected cannot let this go on indefinitely," ploits from North Africa, Sicily and $13 billion in fiscal year 1994. while innocent people are slaughtered Italy, up to the coast of southern Mr. Speaker, I include for the because they cannot defend them- France. He went with the 45th Thun- RECORD the entire report on non-de- selves. derbird Division on one side and with fense DOD spending. Let me also acknowledge the efforts the 36th Division, which had more con- NON-DEFENSE DODSPENDING: FURTHER of the administration for working with tinuous combat time than any division COMPOUNDING THE CLINTON CUTS the Congress on this issue, and seeking in the United States, on the other side. As the defense budget decreases, the to accommodate the concerns of us They were today, 50 years ago, secur- amount of non-defense activities and pro- who want to see greater action taken ing the beach and letting the French grams funded out of the defense budget con- in regard to Bosnia-Herzegovina. While forces land. The French had used para- tinues to dramatically increase. This prac- tice, historically limited to unrequested I believe some risks are worth taking, troopers, just as we had at D-day a few Congressional add-ons to the defense budget, I recognize that these risks have to be weeks before. This is not to forget our has been embraced by the Clinton Adminis- considered carefully and that we have men in the South Pacific, where our tration as a means of furthering domestic to work with our friends and allies in paratroopers were wrapping up the last and foreign policy goals at the expense of Europe and around the world, many of Japanese resistance on Noumea Island. military readiness. whom hold positions and opinions dif- In the Marianas, as well as on Guam A recent study by the Congressional Re- ferent from our own. and Tinian, bloody fighting came to an search Service (CRS) estimates that non-de- Mr. Speaker, I would like to say that end. fense spending by DOD has quadrupled FY 90 What wonderful from $3.5 billion in FY 90 to a projected $13 I hope this report sends an important forces we had then. billion in FY 94. message-that we have not abandoned We had a nation with a population of For example: our principles and that we must there- only 130 million-plus people. Here we The Administration has requested S300 mil- fore do something more than sit back are today with literally twice that pop- lion in the FY 95 defense budget to pay for and watch genocide occur. This lan- ulation, 260 million people. Again that the U.S. share of U.N. peacekeeping costs. guage on Bosnia-Herzegovina, at mini- dreaded six-letter word is creeping Heretofore, such costs have always been paid mum, expresses the view that some- back into those councils at the Penta- for out of the State Department's budget. The costs of environmental cleanup have thing more has to be done than what gon about our military forces. That grown from $1.6 billion in FY 90 to almost $6 we see now. The clock is ticking. word is "hollow." billion in FY 95. Mr. STUMP. Mr. Speaker, I yield 5 It is only beginning, but the signs are Foreign assistance programs has grown minutes to the gentleman from Califor- there that we are getting back to those from virtually nothing in FY 90 to over $500 nia [Mr. DORNAN], an able member of dreaded times after World War I, after million in FY 95. the committee. World War II, after the Korean war, Depending on how it's counted, defense Mr. DORNAN. I thank the distin- and after the Vietnam war, when we conversion and reinvestment programs have guished gentleman from Arizona for started ax-cutting our military in accounted for somewhere between 52.5 to $3.4 billion in every Clinton defense budget to yielding. order to funnel more money over into date. Mr. Speaker, this is "compliment" domestic programs of an uncertain des- afternoon for our distinguished chair- DEFENSE JOBS: THE HUMAN COST BEHIND THE tiny. And here we go again. CLINTON CUTS man, and it is richly deserved. In my In Mr. DELLUMS' second term, his The FY 95 defense budget cuts more than 18-year span here, 2 years sitting on the sophomore year, second year thereof, 180,000 active duty, reserve and civilian per- sidelines because of reapportionment, I 1974, we crafted a budget, cutting back sonnel. have served on many committees drastically for fiscal year 1975, as a re- Put in perspective, DOD will cut, on aver- where there have been great bipartisan sult of a defeat inflicted upon ourselves age, 15,000 active duty, reserve and civilian relations. It has been the byword of in the Halls of this building, never hav- personnel every month in FY 95. This is an committees like the Committee on ing lost on the battlefield and totally increase over the average monthly cut in FY Science, Space, and Technology, most of 94 of 12,000 personnel. dominating the seas over the coast The FY 95 defense budget proposes to cut of the time with the Committee on North and South Vietnam. Air suprem- 86,000 active-duty personnel, following on the Foreign Affairs, and certainly upstairs acy, there wasn't a SAM missile left to heels of a 464,000 cut in active duty personnel in the closeted Permanent Select Com- be fired at the end of that conflict. But over the last four years. mittee on Intelligence. here we were, gutting our military. Yet By FY 99, DOD will have nearly 1.2 million But this committee is a tough one to in the 1975 fiscal year period, we pur- fewer active, reserve and civilian personnel maintain cordial relations. We come at chased 273 new combat aircraft for our on the rolls than it did in the mid-1980s. defense from so many different posi- military forces. The Clinton Administration Bureau of tions, particularly the liberal philoso- Labor Statistics (BLS) estimated last year Yet what are we doing this year? We that defense-related private sector jobs de- phy and the conservative philosophy. are purchasing only one model type, 24 clined by 600,000 as a result of the 1987-92 Our chairman has been someone who of the superb C and D models of the F- Bush defense cuts. Under the Clinton- has kept a steady hand on the tiller 18 Hornet and 24 fighter or attack air- planned defense cuts, BLS estimated the loss and let all sides be heard. I do join in crafts. That is it. of an additional 1.2 million defense-related all of those compliments for him Here are some other indications of private sector jobs by 1997. today. the problems we have developed for Put in perspective, this translates to an I did not expect to be here today. I ourselves. There is good defense staff average loss of private sector defense jobs think most of us did not expect to be over a ten-year period of 10,000 per month work here by Andy Ellis. President under President Bush, and 20,000 per month here until about 2 weeks ago. I had Clinton campaigned all of 1992 on a under President Clinton. hoped to be in southern France. It promise of $60 billion in defense cuts, The aerospace industry has not employed would not have been vacationing, it no more. Once in office, as a typical so few workers since Jimmy Carter was would have been attending the memo- liberal Democrat, doubled it to $120 President. 22876 (:ONGRESSIONAL RECORD-HOUS]E August 17, 1994 PERSONNEL READINESS AND MORALE: THE MOST It is with great regret that I offer the follow- tration utilize some type of solid criteria before IMPORTANT ELEMENT ing views on our work in conference with the using military force and endangering lives. Any According to Army Chief of Staff General Senate on the fiscal year 1995 Defense au- time we send troops abroad, whether it be for Gordon Sullivan, "The quality of the Army thorization bill. While there were some very peacekeeping, humanitarian assistance, or di- will surely decline unless something is done positive steps taken by both the House and rect combat, we must anticipate that the result about the way soldiers are compensated. Our Senate Armed Services Committees toward could eventually be armed conflict. While we compensation is considerably eroded. This loss of benefits, coupled with other aspects of maintaining and even improving U.S. military do not want to prohibit the President from act- downsizing, sends a negative message to our combat readiness, I fear we in Congress have ing as Commander in Chief, we do want to soldiers and their families. Long term readi- again lost a golden opportunity to influence ensure that U.S. troops are not sent into areas ness will suffer if we allow it to continue." the short-sighted policies of this present ad- where there are no vital interests or specific Last year, the President proposed to deny ministration with regards to the U.S. Armed military objectives, that is Somalia and Haiti. I the military a 2.2% pay raise as required by Forces. suggest the following 10 criteria, which I ex- law. At that time, the gap between military The military policies and budget set forth by panded on from a November 28, 1994, pay and comparable private sector pay was this administration simply do not make sense. speech by then-Secretary of Defense Casper already at 12%. Congress rejected the pay Weinberger, be used as the criteria for use of cut proposal and fully funded the pay raise. During a time of drastically declining defense This year, the President proposed another resources, when we should be requiring the military force: military pay cut-requesting a 1.6% COLA highest standards of performance and capabil- CAP WEINBERGER'S/BOB DORNAN'S 10 COM- instead of the 2.6% COLA endorsed by Con- ity from those few retained on active duty, this MANDANTS ON COMMITTING U.S. COMBAT gress last year and required by current law. President has decided to turn the military into FORCES H.R. 4301, as reported out of the Armed a social laboratory. From lifting the ban 1. Thou shall not commit U.S. combat Services Committee, categorically rejected against homosexuals to opening up combat forces unless the situation is vital to U.S. or the President's proposal and once again fully allied national interests. funded a military pay raise. positions to women to opposing efforts to dis- 2. Thou shall not commit U.S. combat According to the Chairman of the Joint charge those who are AIDS/HIV positive and forces unless all other options already have Chiefs of Staff, General John Shalikashvlll, therefore nonworldwide assignable, the Presi- been used or considered. "Our structure is getting smaller and small- dent has sought to use our Armed Forces as 3. Thou shall not commit U.S. combat er with each year, but our commitments re- a domestic political tool rather than even ad- forces unless there is a clear commitment, main global in scope, and the range of activi- dressing whether or not such policy decisions including allocated resources, to achieving victory. ties we engage in are expanding." would improve combat readiness. From 1989 through 1993, the number of U.S. 4. Thou shall not commit U.S. combat In addition to these narrow-minded political forces unless there are clearly defined politi- military personnel operationally deployed decisions, there is a dangerous hypocrisy re- (excluding commitments to Desert Storm, cal and military objectives. Korea and Europe)-grew from 26,000 to ap- sulting from a mismatch between the Presi- 5. Thou shall not commit U.S. combat dent's vague but growing foreign policy initia- forces unless our commitment of these forces proximately 154,000-nearly a 600 percent in- will change if our objective change. crease. At the same time, military end tives and continuing cuts to already reduced 6. Thou shall not commit U.S. combat strength dropped 20 percent (from 2.1 million defense forces. Without clearly defining U.S. forces unless the American people and Con- to 1.7 million). national interests or specific military objec- gress support the action. Increased operational commitments result tives, the President has decided to offer U.S. 7. Thou shall not commit U.S. combat in lengthier and more frequent deployments military forces as the on call 911 forces of the forces unless under the operational command of personnel. United Nations and the rest of the world. of American commanders or allied com- MODERNIZATION: PASSING THE BUCK Meanwhile, as the tempo for operations for manders under a ratified treaty. According to the Chairman of the Joint 8. Thou shall not commit U.S. combat our military continues to increase, including forces unless properly equipped, trained and Chiefs of Staff, General John Shalikashvili, time away from home and family, the re- "modernization Is the key to future readi- maintained by the Congress. ness." sources devoted to rewarding, training, and 9. Thou shall not commit U.S. combat Unfortunately, the equipping these personnel continue to dimin- forces unless there is substantial and reliable Clinton Administration intelligence information proposes to spend 593 billion less than the ish at alarming rates. including human This administration supposedly cannot find intelligence. Bush Administration on modernization (i.e., 10. Thou shall not commit U.S. combat research, development and procurement) enough funding within the Federal budget to forces unless the Commander-in-Chief and over the next five years. The Clinton mod- provide our military with a modest 2.6-percent Congress can explain to the loved ones of any ernization cut follows on the heels of a 67 pay raise; it cannot provide enough dollars for American soldier, sailor, Marine, pilot or percent real reduction in procurement spend- Army tank battalion commanders to exercise aircrewman killed or wounded, why their ing and a 20% real reduction in R&D spend- units above the platoon level; it cannot buy family member or friend was sent in harm's ing since the mid-1980's. way. The Administration's "strategy" actually additional B-2 bombers to replace aging B-52 delays modernization until the next century, aircraft. However, in spite of these defense Next, we must address the growing threat of increases the costs, and passes the respon- budgetary constraints, the President can find proliferation of ballistic missiles and nuclear, sibility for building a political consensus and more than enough funding from the Depart- biological, and chemical [NBC] weapons/war- securing the funding on to some future Ad- ment of Defense for humanitarian assistance, heads. No other weapon can so directly ministration. foreign aid, and defense conversion projects. threaten the United States, our allies, and for- This "strategy" does little to maintain a How do these programs directly improve U.S. ward deployed forces, as can these devastat- viable defense industrial base and even less ing weapons of mass destruction. Fortunately, for the near-term modernization of our combat readiness? How do these programs forces. help our forces cope with the ever increasing the only direct defense against such weapons The FY 95 procurement request is $12 bil- tempo of operations as a result of increased is now without our grasp, ballistic missile de- lion below FY 93 spending levels-a reduc- foreign commitments? If the President wants fense [DMD]. However, both this administra- tion of 22% in just two years. to use our military forces as instruments of his tion and this Congress have failed to provide The FY 95 Research and Development rep- foreign policy, then he must give them the funding for even near-term/low-cost BMD sys- resents a 9% reduction from FY 93 spending funding necessary to perform their mission in- tems such as sea-based missile defense. We levels and request is S2.4 billion less than cluding adequate pay, adequate training, and should immediately provide additional dollars last year's FY 94 request. for the handful of promising technologies that Moreover, an increasingly large portion of new and improved weapons systems. If the the R&D budget is being spent on non-de- administration continues to gut the defense could deter, and if necessary defeat, the grow- fense initiatives such as conversion, medical budget, then it must not continue to offer the ing threat of ballistic missile attack from North and environmental research. U.S. military as the 911 force of the United Korea, Iraq, and elsewhere. Upper-tier sea- While DOD procured 20 ships, 511 aircraft, Nations and the world. based systems on board Navy Aegis ships, 448 tanks and 175 strategic missiles in FY 90, What then, should our role be here in Con- Army theater high altitude area defense DOD will procure only 6 ships, 127 aircraft. 0 gress to correct such shortcomings on the part [THAAD], and Air Force boost phase intercept tanks and 18 strategic missiles in FY 95. of the executive branch? systems, are all near-team/low-cost tech- Mr. DORNAN. Mr. Speaker, here are further First, we as members of the armed services nologies that should be developed and de- dissenting views. committees should demand that the adminis- ployed now, not later when it may be too late. August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22877 in addition, we should immediately seek to re- funds for the ADC Mark IV program, say if we make the cuts Clinton has peal the outdated Anti-ballistic Missile [ABM] the Armed Services Committee does called for it is going to have a dev- Treaty-a treaty with an evil empire that no not object. I will also add that if the astating impact on the economy. Mr. longer exist-which threatens, as an obsolete funds are appropriated, the item should Speaker, some would call that the political document, to limit the capability of not be treated as an unauthorized ap- peace dividend. even these modest BMD systems. propriation. Let us look at those Americans who Finally, we as members of the Armed Serv- Mr. STUMP. Mr. Speaker, I yield 5 can now say that they are benefiting ices Committees must be more selective in minutes to the gentleman from Penn- from the peace dividend. McDonnell approving which programs will receive scare sylvania [Mr. WELDON], a member of Douglas, 67,000 Americans out of work, defense funds. We should evaluate every de- the committee. laid off in the last 2 years, Financial fense dollar and policy decision in terms of O 1720 Times, August 11, 1994. Raytheon Corp., combat readiness. If a program or proposal 4,400 workers in March of this year, does nothing to enhance our military's ability Mr. WELDON. Mr. Speaker, I thank over the next 2 years an additional cut to deploy, fight, win, and survive on the field my distinguished colleague, the gen- will be made, Wall Street Journal, of battle, we should consider opposing the tleman from Arizona [Mr. STUMP], for March 10, 1994. Boeing Corp., 28,000 peo- program. In a tight budgetary period and a yielding time to me and for his leader- pie going out the door, 17,000 additional rapidly evolving world political environment, ship in managing this bill for our side laid of in 1993, Aerospace Daily, Janu- we cannot afford nondefense issues or pro- and, once again, to our distinguished ary 20, 1994, 2,200 more in my home grams to interfere with the much more press- chairman for his leadership in a very State of Pennsylvania the next 2 years. fair process that has allowed us to ing demands of troop morale, combat training, Westinghouse Electric Corp., 6,000 reach this point. I will be voting for and weapons modernization. These should be workers in 1994, Washington Post, Jan- the bill today, but with grave reserva- our proper roles as members of the House uary 12, 1994. tions. Martin Marietta Corp., and Senate Armed Services Committees. 11,500 workers laid off since mid-1993, I spoke earlier during the rule and Perhaps George Washington, our first Presi- Washington Post, October 1, 1993. Texas talked about my concerns in terms of dent and first great military leader, said it best: Instruments, 11,300 workers from its where we are going with our defense "To be prepared for war is one of the most ef- peak of 24,500, Aerospace Daily, August number. Because I feel our defense fectual means of preserving peace." 25, 1993. We in Congress should heed his advice and should be based on the threat that is out there, not some arbitrary number General Electric Co., 750, 3,900, and make sure that every precious defense dollar 1,600 workers respectively: another is used to train, equip, maintain, and prepare handed to us. In fact, that is what we were given. We were given an impos- round in 1994 will eliminate 4,000 more our brave soldiers, sailors, airmen, and ma- jobs, Aerospace Daily, August 23, 1994. rines for war. sible task this year to try to meet the Pratt & Whitney Aircraft, they plan Mr. DELLUMS. Mr. Speaker, I yield needs that we have around the world em- myself 1 minute for the purpose of en- with a set number that was given to us to reduce their work force by 38,800 tering into a colloquy with the distin- by the administration. That, in fact, ployees and an additional 3,000 coming Daily, June 14, guished gentleman from Massachusetts will cut $128 billion over 5 years. up next year, Aerospace [Mr. MOAKLEY]. Mr. Speaker, a year and half ago we 1994. Mr. MOAKLEY. If the gentleman will heard a lot of rhetoric in this room and Hughes Aircraft and General Motors yield. I would like to join in the praise inside the beltway about a word that I Corp., a subsidiary of GM, 34,000 em- for the distinguished gentleman from have not heard used for the last year. ployees, an additional cut this year of California [Mr. DELLUMS] for the work Remember the words "peace dividend"? 3,200, Wall Street Journal, June 21, he has done as chairman of the Armed Remember how the President talked 1994. In California alone, the estimate Services Committee. about how we were going to have such is 200,000 workers, Wall Street Journal, Mr. Speaker, the Navy recently ap- a peace dividend that could be used for June 21, 1994. proved Milestone III for the submarine so many other purposes? Mr. Speaker, this is our peace divi- acoustic device countermeasure Mark That peace dividend has now come to dend. None of us have said that we IV program. The Navy originally in- light in terms of what it is doing to could not cut defense to some extent. tended to include funds for the pro- American people. I want to talk about We have all said that. But we cannot gram in their fiscal year 1995 request that. Because as we cut defense spend- make these wholesale Draconian cuts but because the Milestone III approval ing, even though we are committing that hurt real people. Where are we came too late the item was absent from our troops to more and more places, going to put these people? Are we going the President's budget request. The ap- whether it is Rwanda or Somalia or to put them in retraining programs proval was made in time, however, for Haiti or Bosnia or wherever we are selling fast food hamburgers? Are we the Armed Services Committee to in- going to send them, we are committing going to put them into retraining pro- clude full funding, $12 million, in the our troops at a time when we have less grams developing some new technology House-passed authorization bill. and less resources and also at a time we do not have? Funds were provided last year and I when we are spending more on environ- Mr. Speaker, this President is lead- believe the Navy will request continu- mental remediation and more on de- ing us down a bad path. Mr. Speaker, ing funds next year. Fiscal year 1995 fense conversion, of much of which I my career is as a teacher. I am not a funding was problematic only because support. But in the end, Mr. Speaker, lawyer. I spent my years teaching in of the timing of the operational eval- we have to cut the troops. And we have the public schools of Pennsylvania, uation. It is my hope that the nec- to cut people. That is happening. running a chapter 1 program outside of essary funding may be provided in the This defense bill on the floor today Philadelphia. There is nothing I would fiscal year 1995 Appropriation Act and I will cut on a monthly basis 15,000 men rather do than spend all of my money seek clarification that, if we are suc- and women per month next year from on helping with our domestic problems. cessful, there will be no objection from our military. These are men and But, Mr. Speaker, if we look at the les- the authorizing committee. women who voluntarily signed up to sons of history, we can never eliminate Mr. DELLUMS. I thank my colleague serve our country, and we are saying, the Ayatollah Khomeinis, the from Massachusetts and would like to "so long, we will see you later," 15,000 Mussolinis, the Hitlers the Stalins and reiterate the Armed Services Commit- a month. But, Mr. Speaker, let us look all of those other people who have risen tee support for the ADC Mark IV pro- beyond that. What is the economic im- to power to threaten our security. gram. I agree with the gentleman's ac- pact? And we projected this 11/2 years Mr. Speaker, this President does not count of the legislative history and I ago. understand that. He is giving us an would add that if the defense appro- The Office of Technology Assessment internationalist foreign policy with an priations conference report provides and the Congressional Budget Office isolationist defense budget. Cut our 22878 CONGRESSIONAL RECORD-HOUSE August 17, 1994 budget by dramatic means, end our re- logical defense research and development. I to our Nation's security. As we set new sources, cut our readiness, cut our op- further understand that in accordance with the priorities to reflect the fact that the erating accounts but commit our priorities submitted by the Army and consid- United States is the only remaining su- young men and women to Haiti, to ered by the conferees, the increased funds perpower, we must keep in mind that Bosnia, to Somalia, to wherever they would be used to complete the upgrade of the maintaining readiness remains crucial. are needed for U.N. operation. Fox NBC reconnaissance vehicle, accelerate The choices will be painful, and we The two things just do not go hand in the advanced development of chemical war- will have to terminate obsolete weap- hand. fare agent standoff detection systems, and in- ons programs staunchly defended by Mr. Speaker, this has got to be the crease exploratory development in biological parochial interests. We have started last year of this madness. We as a body and chemical agent detection technology. I this process by killing exotic strategic have to stand up and say no. We have also want to commend the conference for its defense systems and designating the to stand up and say, let us base our se- support of a robust chemical-biological warfare bulk of missile defense funds for thea- curity needs on the threats that are defense program for our Armed Forces. ter-level programs. there. When our intelligence resources Mr. Speaker, in the House passed bill, there This is a step in the right direction, tell us that there is 70 hot spots around was a provision titled "Reutilization Initiative but as the defense budget continues to the world, 30 of which could involve for Depot-level Activities." This provision di- shrink, we must be prepared to make this country, we have to able to re- rected the Secretary of Defense to carry out a more difficult decisions about allocat- spond. We are not doing that at this pilot program to encourage commercial firms ing scarce resources in a way that pro- time. to enter into partnerships with depot-level ac- tects both our economic and national Mr. STUMP. Mr. Speaker, I yield 1 tivities for the purpose of demonstrating com- security interests. minute to the gentleman from Califor- mercial uses that are related to the principal Mr. Speaker, I urge my colleagues to support the conference report. nia [Mr. DELLUMS] in return for the mission of the depots. Some of the major pur- Mr. DELLUMS. Mr. Speaker, I yield fairness that he has shown us. poses for this program are to preserve em- such time as she may consume to the The SPEAKER pro tempore (Mr. ployment and many of the unique skills cur- gentlewoman from Tennessee [Mrs. HASTINGS). The gentleman from Cali- rently in the depots, and provide for reemploy- LLOYD]. fornia [Mr. DELLUMS] has 4 minutes re- ment and retraining for employees who be- Mrs. LLOYD. Mr. Speaker, I rise in maining. come unemployed as the result of downsizing. support of this conference report. Mr. DELLUMS. Mr. Speaker, I yield It is my understanding that the conference Mr. Speaker, I rise in support of the National myself 1 minute. committee agreement on this provision will still Defense Authorization Act conference report. Mr. BROWDER. Mr. Speaker, will the achieve the goals that the House intended. This report is the result of long hours of work gentleman yield? Mr. DELLUMS. Mr. Speaker, the gentleman by my colleagues and our staff. Our task in fi- Mr. DELLUMS. I yield to the gen- from Alabama [Mr. BROWDER] is correct in his nalizing this legislation has been difficult in tleman from Alabama. understanding of the conference action. The these times of diminishing financial resources Mr. BROWDER. Mr. Speaker, I rise conferees also provided additional funds under and growing diversity in situations around the to engage the chairman in a colloquy, the counterproliferation technology program for world that require the attention of our Armed and I will abbreviate my remarks. field demonstration of promising and existing Forces. We have compromised, cut, and toiled Mr. Speaker, in the conference I un- technologies for biological agent detectors and to come within the budget limits demanded by derstand that the conferees rec- alarms, improved chemical-biological decon- the citizens of this Nation. At the same time, ommended a total of $520 million for tamination equipment and improved individual we have sought to give deserved compensa- the chemical-biological defense pro- chemical-biological protective equipment. The tion to our All-Volunteer Force and provide gram with specific programs to im- allocation of funds for this latter effort will be them with the best equipment possible. prove our chemical and biological de- determined by the Department of Defense as In addition, this report continues to support fense. a part of the overall counterproliferation pro- our work in the North Atlantic Treaty Organiza- Is that the gentleman's understand- gram. tion, the most successful alliance in history. ing? Mr. Speaker, the conference committee has And that provides us with important opportuni- Mr. DELLUMS. Mr. Speaker, yes, the included language addressing the reutilization ties to sustain friendships with our cold war al- gentleman is correct in his understand- initiative for depot-level activities. As many lies and build new alliances with former Soviet ing. members of the committee know, I, too, have bloc countries through NATO's partnership for Mr. BROWDER. Mr. Speaker, if the been greatly concerned with finding ways to peace. gentleman will continue to yield, in maintain many of the specialized skills and ca- This legislation also takes positive steps in our conference we have a pilot program pabilities of our depot work force during this addressing servicemembers' needs, such as called the reutilization initiative for time of downsizing. The agreement contained the program to assist our veterans suffering depot-level activities. Is it the gentle- in the conference report on this provision ex- Persian Gulf syndrome and a provision to pro- man's understanding that this program pands the original provision to all depot-level tect our servicemembers who report sexual will achieve, still achieve the goals of activities. I have also been assured by the De- harassment and discrimination. Finally, we the House language? partment of Defense that they fully support have shown our men and women in uniform Mr. DELLUMS. Mr. Speaker, I thank this provision and will take steps quickly to put their service is worthy of the same 2.6-percent the gentleman for his question. I would this program in place. pay raise scheduled for Federal civilian em- say that the conference committee has Mr. Speaker, I yield 1 minute to the ployees in January 1995. included the gentleman's concerns. gentleman from Massachusetts [Mr. Mr. Speaker, I am proud to have worked They have been met to the best of this MEEHAN]. with the conferees of the House and the Sen- gentleman's knowledge. Mr. MEEHAN. Mr. Speaker, I rise in ate to write this legislation. We have suc- Mr. BROWDER. Mr. Speaker, I thank strong support of S. 2182, the 1995 De- ceeded, once again, in providing the United the gentleman for his leadership and fense Authorization Act. I congratulate States with the finest Armed Services in the consideration. Chairman DELLUMS on bringing a bill world. Mr. Speaker, in the conference on the fiscal out of conference that takes great Mr. DELLUMS. Mr. Speaker, I yield year 1995 Defense authorization bill, I under- strides toward establishing a blueprint 90 seconds to my distinguished col- stand that the conferees recommended a total for defense after the cold war. His lead- league, the gentleman from Mississippi of $520 million for the chemical-biological de- ership helped make the negotiations a [Mr. MONTGOMERY]. fense program; fully funded the budget re- success, and I was honored to be part of Mr. MONTGOMERY. Mr. Speaker, I quest for the joint biological defense program the conference committee. rise in support of the conference report by providing S52.9 million for research, devel- The collapse of the former Soviet on the DOD authorization bill for fiscal opment, test, and evaluation and S20.4 million Union and the need to reinvigorate our year 1995. in procurement; and recommended an in- economy presents an opportunity to re- This bill provides the minimum fund- crease of S16.6 million in Army chemical-bio- duce defense spending without damage ing for our national security. However, August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22879 I would prefer a higher level of funding I am also concerned about the provi- tleman from Florida [Mr. HUTTO], the for defense. I still believe that we have sions that transfer M-1 tanks to the gentleman from Oklahoma [Mr. cut too much too fast when the world Marines. This was done without the MCCURDY], the gentleman from Maine is still a very dangerous place. I still analysis and advise of the Joint Chiefs [Mr. ANDREWS], the gentleman from believe we need 12 army divisions, 22 of Staff. It impacts on the Roles and Rhode Island [Mr. MACHTLEY], the gen- fighter wings, and 12 operational car- Missions Commission which will be re- tleman from Oklahoma [Mr. INHOFE], riers. We approved the requested end- porting back to the Congress in Decem- the gentleman from South Carolina strengths for all components except for ber. It prematurely decides that there [Mr. RAVENEL], and the gentleman the Naval Reserve and Coast Guard Re- are excess tanks in the Army and that from Arizona [Mr. KYL]. serve which we increased slightly. all the National Guard requirements Some of them may be in the other However, the end-strengths of both the are a lower priority than both compo- body, Mr. Speaker; some of them may active and the reserve components nents of the Marine Corps. All of this become Governors. Others will seek keep going down and any further re- was done without the JCS validating other vistas and other lives, and move ductions in future years will impact on the Marine requirements. I am con- in very different directions. our capability to meet our national se- cerned that the Marines will now want On behalf of myself and members of curity requirements. I think we have Bradley vehicles, the refueling trucks, the committee, I would like to thank already made the necessary adjust- the ammo carriers, and the multiple all those colleagues who came this ments for the post-cold war world and launch rocket systems that normally way, who assumed the awesome respon- a further analysis is needed for the fu- go along with the Army M-l tanks in sibility and the extraordinary honor of ture structure of our military. combat. This tank transfer should be serving their fellow human beings in Let me talk about some of the good the end of this issue. I will oppose any the life and death issues that we grap- things in this bill. The Reserve Officers further transfers of combat equipment. ple with here on a daily basis. I would Personnel Management Act, also All in all, this is a good compromise say goodby to them and thank them known as ROPMA, is included. This is bill and I urge my colleagues to sup- very much for their services. major revision of how we manage or port it and vote for final passage. Mr. ABERCROMBIE. Mr. Speaker, I am National Guard and Reserve officers. 0 1730 pleased to support the final passage of the The House has passed this act three National Defense Authorization Act for fiscal different times and finally the senate Mr. Speaker, I want to thank the year 1995. I believe that this measure moves has agreed to our bill. gentlewoman from Tennessee [Mrs. toward a sensible and flexible defense struc- Also included is a charter for the Na- LLOYD], who is the chairman of the ture which is necessary as we continue to bat- tional Guard Bureau which defines the subcommittee. This is the last time she tle the budget deficit and address a changing organization and responsibilities of will be handling a conference of that world order. this joint bureau for the management subcommittee, and we commend her I commend the House Armed Services of the National Guard. We included for the wonderful job she has done. Committee under assiduous and adept leader- language that freezes the number and Mr. STUMP. Mr. Speaker, I yield my- ship of Chairman DELLUMS for taking the bold the grades of the general and flag offi- self the balance of my time. step toward ushering in a new era with the cers that manage the reserve compo- Mr. Speaker, let me once again ex- end of the cold war. Indeed there are no ex- nents. We modified the mobilization press my appreciation to the chairman perts in post-cold-war theory. We must con- authorization of the President to call of the committee, the gentleman from tinue to evolve with the changing world situa- up the Guard and the Reserves for a pe- California [Mr. DELLUMS], and also the tions. Our opportunity to transition toward a riod of up to 270 days. gentlewoman from Colorado [Mrs. defense structure which will provide for the This should be ample time for Na- SCHROEDER], the chairman of the Sub- changing roles and missions of the armed tional Guard brigades to be mobilized committee on Research and Tech- services is here and to ignore it would be to and deployed and not have a repeat of nology of the Committee on Armed live in the past. I also laud the chairman for the situation in Desert Storm where Services. I appreciate all the fairness being a fair leader in hearing the concerns of these brigades were never used. they have shown me. all members of the committee and for working In the personnel area we approved a Mr. Speaker, a lot has been said toward bipartisan cooperation in drafting this 2.6-percent pay raise, a Conus COLA, a about the inadequate funding in this measure. 50 percent increase in the ROTC sti- bill today. I have to concur in that. I While I feel that we have produced a suit- pend, and we adjusted the military re- think one of the trends that disturbs able bill for that we were provided, I do have tiree COLA to take affect at the same me most was mentioned by the gen- some concerns. I am delighted to see that this time as Federal civilian retirees. We tleman from California [Mr. DORNAN], measure provides for a 2.6-percent pay in- corrected a provision that recouped and that is spending by the Depart- crease for military personnel; however, I am transition benefits from some of the ment of Defense for nondefense pur- still troubled by the fact that there are many Guard and Reserve members. We also poses, which has grown to an astro- service members living in substandard quar- corrected the law so that enlisted Re- nomical $13 billion in 1994. I simply ters and subsisting on welfare and food serve component members would com- think we should not do this. stamps, especially at the junior enlisted level. pute their retired pay the same way as This defense budget is not real, the The men and women of the our Nation's the officers. Clinton strategy is not real, it is most- armed services deserve to have, at the very Included in this bill is $510 million in ly rhetoric, and we simply cannot pro- least, a decent home and enough money to direct procurement of equipment for vide sufficient resources and people to feed their families. Our priorities need to be the National Guard and Reserves. We meet the deployment requirements. shifted from funding redundancy in weapon also included in other accounts an ad- Mr. DELLUMS. Mr. Speaker, I yield systems to taking better care of our personnel ditional $2ii3 million in equipment. myself the remainder of my time. and their families. We included extensive legislation to Mr. Speaker, first, let me, at the con- During the past year, my staff was able to identify and treat veterans of Desert clusion of this debate on the conference tour many of the military facilities in the State Storm who have been afflicted with report, thank all my colleagues and the of Hawaii. They were appalled to find that the Desert Storm illnesses. I totally sup- staff on both sides of the aisle. condition of many of the military housing port this effort. However, I do have a Mr. Speaker, let me finally, on behalf projects would not meet code and were in vio- concern that some of the funding of of myself and members of the commit- lation of EPA standards. The base officials in- this effort is wrapped up with the DOD- tee, thank several of my colleagues dicated that the funding for operations and VA cooperative research funding. I who will not be returning to this place. maintenance did not allow them to make re- don't want the ongoing program of This is a.point of departure for a num- pairs or respond to environmental concerns as joint medical research to be adversely ber of my colleagues: the gentlewoman required. We have made tremendous invest- affected by combining the programs. from Tennessee [Mrs. LLOYD], the gen- ments in these facilities without providing the 22880 CONGRESSIONAL RECORD-HOUSE August 17, 1994 funding to maintain them. Our personnel need tional $120 million, to S4.799 billion. This lat- coverage of a wide geographical area in good to become a priority. For this reason, I am est cost overrun-just one of the many prob- weather, the information collected could not be very pleased to see that the committees have lems which have practically defined the transmitted quickly to those who needed it. approved funding for military family housing in Seawolfprogram-will result in further gouging Commitments were made to develop succes- Hawaii in excess of the DOD request. cuts in the budgets of important defense pro- sor systems which are to combine all-weather As we draw down our forces, I am also trou- grams both inside and outside the Navy which broad area coverage with the ability to both bled by the substantial cut in the number of find themselves today in tight budget straits. In stay over a target for an extended period of Reserve and Guard personnel. I believe that an era of deep and increasing defense cuts, time and relay images to the ground imme- we may be cutting this resource too far, too we cannot afford runaway programs like the diately. Regrettably, an adequate level of sup- fast. The Reserve and Guard forces provide Seawolf. port for the successor systems was not pro- us with a cost effective response to future Mr. Speaker, it is my sincere hope that the vided when needed, ironically as a result of contingencies. legislation contained in the conference report actions taken by some who now argue strong- Finally, from a global perspective, consoli- will send a clear message to the Navy and the ly that the SR-71 needs to be brought back to dating our military bases overseas also merits contractors involved in the Seawolf program bridge the gap those actions created. Delays closer scrutiny. I am especially troubled by the that they need to improve their performance. If in fielding those systems have resulted but are situation in Okinawa, Japan. Okinawa, a pre- not, they will most certainly face additional now being addressed. The fact remains, how- fecture of Japan, makes up less than 1 per- interventions from Congress in the future. ever, that the limitations which led to the re- cent of the total land mass of Japan, but hosts I thank Chairman DELLUMS and Ranking tirement of the SR-71 remain, which perhaps more than 75 percent of all United States mili- Member SPENCE for their support of the Por- explains why the aircraft was not reactivated tary bases in Japan. The people of Okinawa ter-Penny legislation and thank Representative for the gull war, and why officials at the De- have spoken through my constituents in Ha- PENNY for his leadership as well. partment of Defense do not support its reac- waii to inform me of their predicament. Al- Mr. LAZIO. Mr. Speaker, I rise today to sup- tivation now. though they do not oppose U.S. forces being port the conference report on S. 2182, the fis- The $100 million authorized by the con- there, they are in dire need of land to develop cal year 1995 Defense authorization bill. ference report is a victory for nostalgia but will their economy. For over 50 years, the people This conference agreement authorizes S264 not provide a reconnaissance platform capable of Okinawa have been tolerant hosts. billion for programs and weapons systems es- of responding to either current or anticipated I believe that the report requested of the sential to our Nation's defense. In addition, it intelligence needs. As pressure is applied to Secretary of Defense in this bill will shed authorizes 2.6-percent military personnel pay meet the high maintenance costs associated some light on the circumstances in Okinawa. increase, and directs the Department of De- with the SR-71 and upgrade its sensors, more Through this report, the DOD should see that fense to establish programs for veterans suf- and more funds will be diverted from the de- certain key land areas remain underutilized, fering from the Persian Gulf syndrome. velopment and procurement of the satellites and that training missions such as the live-fir- However, it is disappointing that the con- and unmanned aerial vehicles which represent ing range which currently utilizes live ammuni- ferees did not include a Senate-passed provi- the future of airborne reconnaissance. In a tion to shoot over a densely populated village sion authorizing an additional S150 million to time of severe .budgetary constraints, it does are hazardous to the health and well-being of maintain the B-2 production line through fiscal not make sense to spend money on programs the people in the neighboring community and year 1995. which have so clearly outlived their useful- should be relocated. If it would not be allowed The dismantling of the B-2 industrial base ness. in our neighborhoods, we should not be ex- would leave the United States without strate- Ms. SNOWE. Mr. Speaker, while I remain ploiting the goodwill of other countries. While gic bomber production capability for the first concerned about the future of our Armed I understand that action of this type requires time in 70 years. If for some unforeseen rea- Forces, I rise in support of the fiscal year 1995 negotiation with the Government of Japan, I son the United States would need to restart its defense authorization conference report. do not see that as a obstruction. Military lead- bomber production, it would require billions of The strategy drawn from the Pentagon's ers in the area have assured me that some of dollars to rebuild. 1993 Bottom-Up Review envisioned a much the concerns of the Okinawan community can An ongoing study, requested by Congress, smaller military than the one that existed at be alleviated without jeopardizing troop readi- to determine the future role of land-based the end of the cold war. However, many of us ness or strategic objectives. bombers should be completed early next year in this body, on both sides of the aisle, have I also extend my gratitude to the staff of the by the Commission on Roles and Missions. By serious concerns that the force structure out- House Armed Services Committee for their preserving the production line for 1 additional lined in the Bottom-Up Review is not sufficient professionalism in assisting Members with the year, Congress would be able to make a bet- to deal with two simultaneous major regional sundry provisions and initiatives that have ter informed decision regarding the B-2 indus- conflicts. Moreover, there is increasing evi- come before them in the process of drafting trial base. dence that the Bottom-Up Review force struc- this measure. I look forward to working with Should the study find that it is in our Na- ture is underfunded. If so, then this seriously my colleagues as we continue down the road tion's interests to maintain the B-2 production, threatens the readiness and capability of our of redeiining our military force structure and its it is my hope that Congress will revisit this Armed Forces. changing role in the post-cold-war era. issue next year. Yet, there is one thing that we can all agree Mr. PORTER. Mr. Speaker, I rise today in While I support passage of the fiscal year on-that our military, regardless of its size, support of the conference report on S. 2182, 1995 Defense authorization conference report, should be the best trained and equipped one the fiscal year 1995 Defense authorization bill. I do not support the exclusion of the 5150 mil- that this country can field. The finest fighting This legislation contains an important provision lion proposed by the Senate Armed Services force in the world requires nothing less, and to limit spending on the Nation's two existing Committee. the security of our Nation depends on it. Seawolf submarines. Representative TIM Mr. GLICKMAN. Mr. Speaker, one of the I support this conference report because it PENNY of Minnesota and I authored similar provisions of the conference agreement au- includes two key programs that are essential legislation which passed the House as part of thorizes $100 million for the reactivation of the not just to national security but to the State of the first en bloc amendment offered to the Air Force's SR-71 surveillance aircraft. The Maine as well. House version of the legislation before us. conferees from the Intelligence Committee op- Two of our military's premier weapons sys- This legislation is vitally important given the posed this provision which represents, in my tems are made in Maine-the Aegis destroyer recent developments in the Seawolf program. judgment, an unwise use of resources which by Bath Iron Works in Bath, and the Mk-19 When TIM PENNY and I drafted and passed will not address reconnaissance deficiencies, grenade machine gun by Saco Defense in our cost cap, the estimated cost of these ves- but may lengthen the time needed to develop Saco, ME. These two systems represent the sels was S4.673 billion, an amount over S330 the systems which can. best in Maine quality and craftsmanship, and million above what these vesselswere origi- Nearly 5 years ago, a decision was made they are vital to ensuring that our forces retain nally expected to cost. Shortly after passage by the Congress and the Department of De- their technological superiority. of our legislation, however, Navy Secretary fense to terminate the SR-71 program. This This conference report authorizes the pro- Dalton revealed in a letter to Senator JOHN decision was based on the realization that, curement and construction of three new MCCAIN that the cost had gone up an addi- while the aircraft was capable of providing Arleigh Burke-class Aegis destroyers. The August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22881 Navy plans to build more than 50 of these ver- It is our responsibility as Members of Con- conferees for their favorable resolution of this satile warships which will be the backbone of gress to ensure that when our military forces issue. our Navy's surface combatant fleet well into are deployed overseas that they are ade- Mr. McCURDY. Mr. Speaker, I have de- the next century. quately trained and equipped. It is imperative cided, with some reservations, to vote for this The decline of the Soviet threat has created that we ensure that these forces are as com- defense bill. It contains much that is important a dangerous and widespread misperception of bat-capable as possible. I urge all of my col- to the readiness and fighting ability of our an equally declining global threat. But the leagues to support this conference report. Armed Forces. Our troops need these funds, post-cold-war world is turning out to be one of Ms. MOLINARI. Mr. Speaker, I want to ex- and it is crucial that we move forward with this great instability with numerous potential press my sincere disappointment that the con- legislation. threats to our national interests. The men and ferees of this legislation did not keep the But I am also here to issue a warning. We women of our Navy will be asked to go in McCloskey-Gilman language to unilaterally lift must take the actions necessary to preserve a harms way to face those threats, and they de- the arms embargo on Bosnia and strong defense. We must not cut too far, too serve to be on the most modern and capable Herzegovina. fast. ship that we can build. My colleagues, when this bill was sent to As we all know, the Bottom Up Review sim- Bath Iron Works [BIW], with approximately conference last June, the House had over- ply does not have enough money to support 8,700 workers, is the largest private employer whelmingly supported requiring the President its forces. Estimates place this shortfall at a in the State of Maine and it is only one of two to end this embargo unilaterally by a vote of minimum of $20 billion over 4 years. shipyards in the country capable of building 244-178. Since that time, it has become evi- Meanwhile, we continue the practice of these extremely sophisticated warships. These dent that the Bosnian-Serbs are far from stop- front-loading, filling our defense plans with Aegis destroyers are not only important to our ping their campaign of ethnic cleansing and weapons systems without providing sufficient national security, they are crucial to BIW's human rights abuses. Need I remind my col- money to procure them when they mature. economic security. leagues that these same Bosnian-Serb mili- And we continue to use the operations and The construction of these destroyers is also tants continue to kill and terrorize innocent citi- maintenance budget as a cash-cow for every- vital to the health of our Nation's surface ship- zens in Sarajevo on a daily basis. Meanwhile, thing from budget shortfalls to disaster relief. building industrial base. As we struggle to help any hopes for a peaceful settlement by the These extraneous activities are already under- our private shipyards become competitive contact group have also been summarily re- mining the readiness and combat ability of our again in the world commercial shipbuilding jected by these militant thugs. forces. market, the continued production of these Mr. Speaker, I sincerely hope that the con- We cannot cut more from our defense budg- Aegis destroyers ensures that we will preserve ferees of the Defense appropriations bill-- et if we want to preserve a high-quality mili- our critical shipbuilding skills. which contains a provision to unilaterally termi- tary. In fact, I predict that we will soon begin In short, there is not only a national security nate the embargo by November 15 regardless expanding the administration's defense budget need for these Aegis destroyers, there is a Security Coun- requests in Congress rather than reducing long-term economic need as well. of any action taken by the U.N. The same can be said for the Mk-19 gre- cil, the Clinton administration, or the Serbs- them. end nade machine gun. The Mk-19 machine gun will follow the clear will of Congress on this Make no mistake: we are reaching the system has demonstrated its unsurpassed ca- issue. of the rope on military readiness, quality, and pability in Operation Desert Storm and during Mr. MINETA. Mr. Speaker, I want to call at- modernization. As a moderate Democrat com- the U.S. deployment to Somalia. There is no tention to title XXXIV of the conference agree- mitted to a strong defense, I have to be clear other weapons system like it in the world. The ment on the National Defense Authorization in my commitment that I will not support future Mk-19's unmatched versatility permits it to be Act for 1995. That title, by repealing the Civil defense bills that continue the present trend of mounted on a wide variety of Army vehicles, Defense Act of 1950 and placing its authorities defense cuts. thus significantly enhancing a unit's combat in the Robert T. Stafford Disaster Relief and Ms. FURSE. Mr. Speaker, it is a great privi- capability. Emergency Assistance Act, transfers jurisdic- lege to serve with Chairman DELLUMS on the Saco Defense makes the Mk-19, and it has tion over the Federal Emergency Management House Armed Services Committee and I com- about 400 employees. Saco Defense is also a Agency civil defense program from the House mend his visionary leadership as we move world leader in its field. Committee on Armed Services to the House into the next century. This conference report recognizes the con- Committee on Public Works and Transpor- This conference report continues the recon- tribution the Mk-19 makes to modernization tation. figuration of national security spending prior- and readiness of our ground forces and it ac- That transfer, initiated by the House Armed ities called for in the post-cold-war era. There knowledges the importance of preserving our Services Committee, means that effective for is, however, much more we can do to orient small arms industrial base. fiscal year 1995 the Public Works and Trans- ourselves toward this changed reality. I remain Earlier this year, an independent assess- portation Committee will have both legislative concerned that we have not made the nec- ment panel of the Army Science Board com- jurisdiction and oversight authority over the essary adjustments in force structure and ac- pleted a report entitled "Preservation of Criti- civil defense program for purposes of rule X, quisition programs to enable us to respond to cal Elements of the Small Arms Industrial clause 1 of the Standing Rules of the House today's priorities. I look forward to addressing Base." That report compared the U.S. Army's of Representatives. Thus, all bills dealing with these issues in the coming years. small arms inventory to the requirements ex- this issue will be referred to our committee ex- I was successful in my effort to require Nu- pressed in the Army acquisition objectives and clusively. clear Weapons Council approval of DOE noted some serious shortages in four types of Mr. Speaker, I want to commend Chairman study, development, production, and retire- small arms. DELLUMS for taking the initiative on this matter ment of nuclear warheads and an annual re- One of these was the Mk-19 machine gun. and for acknowledging our Committee's new port of those activities to Congress. This will The Army Science Board's report noted that role in the future (see Committee Rept. 103- end DOE's authority to unilaterally initiate this the end State shortage of Mk-19's will be ap- 499, pp. 382-383). The conference agreement R&D and will put more sunshine on these ac- proximately 13,000 after completion of the confirms this and programmatically, given our tivities. planned procurements. This serious shortfall Committee's current jurisdiction over FEMA's I am very supportive of the enhancements strongly suggested that the administration's activities, such a transfer makes sense. made to the independent Roles and Missions fiscal year 1995 request for Mk-19's be re- Lastly, we will be working with the Armed Commission that was established last year. In evaluated and revised. I am pleased that Con- Services Committee, the Office of Manage- their work through the coming year, I am gress has validated the importance of the Mk- ment and Budget, the National Security Coun- hopeful they will make a comprehensive new 19, and has revised the administration's re- cil, and the Committee on the Budget to en- analysis that we can use in our policymaking quest accordingly. our soldiers want and need sure that OMB transfers the non-defense--i.e., for today's realities, rather than relying on the Mk-19, because they know that it could civil defense-portions of the FEMA budget those developed for yesteryear. mean the difference between defeat and vic- out of the 050 budget function and into the ap- One of my priorities this year has been to tory on some future battlefield. And Maine's propriate budget account. Again, I thank the make sure we get the airlift we need at a price workers need the jobs that these Mk-19's rep- distinguished Chair of the Armed Services we can afford. The sense of Congress lan- resent. Committee, Congressman DELLUMS, and the guage in this bill regarding the importance of 22882 CONGRESSIONAL RECORD-HOUSE August 17, 1994 maintaining our aggregate airlift capacity training facility at Camp Rilea in my district The SPEAKER pro tempore. Evi- should be made mandatory next year since was funded. dently a quorum is not present. our current plan to rely on a C-17-only pro- I was pleased to see my request included The Sergeant at Arms will notify ab- curement strategy will cause an airlift deficit for the Marine Environmental Research and sent Members. for several years as we retire our core airlifter, Training Station. It will provide educational and The vote was taken by electronic de- the C-141. training opportunities in environmental, marine vice, and there were-yeas 280, nays studies to help foster I have been a strong supporter of efforts to- industrial, and maritime 137, not voting 17, as follows: ward a comprehensive test ban and was regional economic prosperity and environ- pleased to see the House's language included mental integrity. [Roll No. 404] in this bill urging the Conference on Disar- Funding at near the request level was in- YEAS-280 mament to make all possible progress toward cluded for environmental restoration and Abercromble Gejdenson McKeon a CTB. waste management activities at DOE defense Ackerman Gephardt McKlnney sites. We have a responsibility to clear up Andrews (ME) Geren McMillan International peacekeeping is one key way Andrews (NJ) Gibbons Meehan to share the costs of defense and makes a after the excesses of the nuclear age. Andrews (TX) Gllchrest Meek great deal of sense if the United States does I was particularly pleased that my amend- Applegate Glllmor Menendez not want to play the role of top cop. If we en- ments were included reauthorizing the Hanford Bacchus (FL) Gilman Mfume Health Information Network and prohibiting Baesler Ollckman Mica gage in more international cooperation, we Barcla Gonzalez Miller (CA) should be able to lower our defense costs. I disclosure of information gathered by the net- Barlow Gordon Mineta am disappointed that House conferees refused work. Barrett (NE) Green Mink I requested language that is in this bill fund- Bateman Greenwood Moakley to include any of the Senate's S300 million Bellenson Gutlerrez Mollohan funding for peacekeeping. ing market diversification feasibility studies, re- to ad- Bereuter Hall (OH) Montgomery Representatives FRANK, SHAYS, and UPTON quiring notice for employees related Berman Hamburg Moorhead and I sponsored an amendment in the House verse budget actions, directing the Secretary Bevlll Hamilton Morella requiring increased burdensharing by our Eu- to encourage greater participation in the tech- Bllbray Harman Murphy nology reinvestment project by labor organiza- Bishop Hastert Murtha ropean allies that would have saved S5 to S10 Blackwell Hastings Myers billion over 5 years. The vote in the House tions, and requiring the Secretary to ensure Bllley Hayes Neal (MA) was 268-144, yet this bill only states the goal that job creation resulting from TRP awards Blute Hefner Neal (NC) Bonlor Hllllard Oberstar that NATO allies pay 37.5 percent of non- accrue to the U.S. economy. I also assisted in for small- Borski Hinchey Obey personnel costs of U.S. presence there by the gaining loan guarantee assistance Boucher Hoagland Olver end of fiscal year 1996. According to DOD's and medium-sized defense firms to engage in Brewster Hobson Ortlz calculations, they pay 36 percent now al- dual use technologies. Brooks Hochbrueckner Orton I cosponsored legislation that was included Browder Hoke Owens though their actual cash contributions are only Holden in the bill assuring equity between military and Brown (CA) Oxley 4 to 6 percent. The U.S. taxpayers are not Brown (FL) Horn Pallone civilian retirees as to when they receive their being well-served by this massive subsidy to Brown (OH) Houghton Parker cost-of-living-adjustments. This restores de- Bryant Hoyer Pastor nations whose economies are, in many cases, served fairness. Byrne Hughes Payne (NJ) healthier than our own. The deadline was extended for a health Calvert Hutto Payne (VA) The commercial Canady Hyde Pelosl derivative aircraft pilot pro- maintenance organization-type program to be gram included in the bill is important in order Cantwell Inhofre Peterson (FL) considered under the CHAMPUS reform initia- Cardin Inslee Peterson (MN) to pursue the policy of acquiring nondevel- tive and several actions were taken to improve Carr Istook Pickle opmental airlift aircraft that is so vital to main- DOD's medical treatment of Persian Gulf war Castle Jacobs Pomeroy taining adequate airlift. Keeping the cap on the Chapman Jefferson Porter veterans. Clay Johnson (CT) Poshard B-2 program at 20 planes as this bill does Funding was added for the Defense Wom- Clayton Johnson (GA) Price (NC) makes sense, as does putting aside money to en's Health Program that established last Clement Johnson (SD) Quillen we Clyburn Johnson, E. B. Rahall study future bomber needs. year. I cosponsored legislation that supports Two other prudent steps taken include pro- Coleman KanJorski Rangel this bill's authorization on a reimbursable basis Collins (GA) Kaptur Ravenel hibiting the backfit of Trident II missiles into construction of the Women in Military Service Collins (MI) Kennedy Reed submarines currently carrying Trident I mis- Cooper Kennelly Regula for America Memorial. Programs on discrimi- Coppersmith Klldee Richardson siles and a reduction in funding from the ad- nation and sexual harassment are enhanced ministration request for Costello Kim Ridge ballistic missile de- by this bill. As was demonstrated in this year's Coyne Kleczka Roemer fense. Cramer Klein Rose hearing with victims of sexual harassment, it is Cunnlngham Klink Rostenkowski The language I offered authorizing funding imperative that we strengthen those programs; for a battlefield surgical tissue replacement Danner Kopetski Rowland we are losing too many outstanding members Darden Kreidler Roybal-Allard technology was included; this holds tremen- of our military forces. de la Garza LaFalce Rush dous promise for civilian medical applications Finally, we did two helpful things for families Deal Lambert Sabo DeLauro Lancaster Sangmeister as well, in cases of trauma wounds. of Korea/cold war missing. A single point of I am very excited about the potential Dellums LaRocco Santorum for contact within the Defense POW/MIA Office Deutsch Laughlin Sarpalius sharing with the Department of Justice the was established and policies for Vietnam era Dicks Lazlo Sawyer nonlethal technologies that have been devel- POW/MIA's regarding information disclosure Dingell Lehman Schenk oped by the Department of Defense. Support Dixon Levin Schumer were extended to Korea/cold war missing. Dooley Lewis (CA) Scott for that cooperation is contained in this bill. Mr. DELLUMS. Mr. Speaker, I yield Durbin Lewis (GA) Serrano Law enforcement officials in my district found back the balance of my time, and I Edwards (TX) Lewis (KY) Sharp Engel Liplnski Shepherd it very helpful to learn about those tech- move the previous question on the con- nologies at an English Livingston Shuster event I sponsored there earlier ference report. Eshoo Lloyd Sislsky this year where representatives of the Depart- The previous question was ordered. Evans Long Skaggs ments of Defense and Justice demonstrated The SPEAKER pro tempore (Mr. Everett Lowey Skeen some of these items. Farr Lucas Skelton HASTINGS). The question is on the con- Fazlo Machtley Slaughter There is substantial funding for advanced li- ference report. Fields (LA) Mann Smith (IA) thography in the bill even though it was re- The question was taken; and the Fllner Manton Smith (MI) duced from the House-passed level. This suc- Speaker pro tempore announced that Fingerhut Manzullo Smith (NJ) cessful cooperation with our private semi- Fish Markey Smith (OR) the ayes appeared to have it. Foglletta Martinez Snowe conductor industry has helped us regain our Mr. HANSEN. Mr. Speaker, I object Ford (MI) Matsul Spratt competitiveness in the world marketplace. to the vote on the ground that a Ford (TN) Mazzo!l Stenholm Our highly capable National Guard was quorum is not present and make the Fowler McCloskey Stokes Frost McCurdy Strlckland given authority to serve medically underserved point of order that a quorum is not Furse McDermott Studds areas and a communication and electronics present. Gallegly McHale Stupak August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22883 Swett Torres Waters DIRECTING SECRETARY OF THE Secretary of the Senate shall make the fol- Swift Torrlcelll Watt SENATE TO MAKE CORRECTIONS lowing corrections: Synar Towns Weldon Tanner Traflcant Wheat IN ENROLLMENT OF S. 2182, NA- (1) In section 3136, strike out "20 percent" Tauzin Tucker Williams TIONAL DEFENSE AUTHORIZA- and insert in lieu thereof "80 percent". Taylor (MS) Unsoeld Wilson TION ACT FOR FISCAL YEAR 1995 (2) Amend the title so as to read: "An Act Tejeda Upton Wise to authorize appropriations for fiscal year Thomas (CA)Valentine Wynn Mr. DELLUMS. Mr. Speaker, I offer a 1995 for military activities of the Depart- Thompson Velazquez Yates concurrent resolution (H. Con. Res. 285) ment of Defense, for military construction, Thornton Visclosky and for defense activities of the Department Volkmer directing the Secretary of the Senate Thurman to make technical corrections in the of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, NAYS-137 enrollment of S. 2182, and ask for its and for other purposes.". Allard Franks (NJ) Nussle immediate consideration in the House. Archer Gekas Packard The Clerk read the title of the con- The concurrent resolution was agreed Armey Gingrich Paxon current resolution. to. A motion to reconsider was laid on Bachus (AL)Goodlatte Penny the table. Baker (CA)Goodling Petri The SPEAKER pro tempore (Mr. Baker (LA) Goss Pickett HASTINGS). Is there objection to the re- Ballenger Grandy Pombo quest of the gentleman from Califor- Barca Gunderson Portman nia? Barrett (WI)Hall (TX) Pryce (OH) GENERAL LEAVE Bartlett Hancock Ramstad Mr. STUMP. Mr. Speaker, reserving Barton Hansen Roberts the right to object, I shall not object Mr. DELLUMS. Mr. Speaker, I ask Bentley Hefley Rogers and I yield to the gentleman from Cali- unanimous consent that all Members Bllirakis Herger Rohrabacher fornia [Mr. DELLUMS], chairman of the may have 5 legislative days in which to Boehlert Hoekstra Ros-Lehtlnen Boehner Huffington Roth committee, for an explanation of the revise and extend their remarks on the Bonllla Hunter Roukema concurrent resolution. Senate bill. S. 2182, and the conference Bunning Hutchinson Royce Mr. DELLUMS. Mr. Speaker, I thank report thereon. Burton Inglls Sanders The SPEAKER pro tempore. Buyer Johnson, Sam Saxton the gentleman for yielding. Is there Callahan Johnston Schaefer By way of explanation, section 3136, objection to the request of the gen- Camp Kaslch Schiff as passed by the House would have pre- tleman from California? Clinger King Schroeder There was no objection. Coble Kingston Sensenbrenner vented the Department of Energy from Collins (IL) Klug Shaw spending more than 50 percent of its Combest Knollenberg Shays program direction funds for Environ- Condit Kolbe Smith (TX) mental Restoration and Waste Manage- Conyers Kyl Solomon WAIVING POINTS OF ORDER Crane Leach Stark ment until DOE had submitted to Con- Crapo Levy Stearns gress the three reports comprising AGAINST CONFERENCE REPORT DeFazlo Lewis (FL) Stump DOE's environmental baseline. Since ON H.R. 4603, DEPARTMENTS OF DeLay Lightfoot Talent these reports are due to Congrer?s by COMMERCE, JUSTICE, AND Dlaz-Balart Llnder Taylor (NC) STATE, THE JUDICIARY, AND RE- Dickey Maloney Thomas (WY) March 31, 1995, if DOE delivered the re- Doollttle Margolles- Torklldsen ports on time, this fence on DOE's pro- LATED AGENCIES APPROPRIA- Doraan Mezvinsky Vento gram direction funds would have had TIONS ACT, 1995, AND FISCAL Dreler McCandless Vucanovlch YEAR 1994 SUPPLEMENTAL AP- Duncan McCollum Walker no actual effect. Dunn McCrery Walsh The Senate bill contained no similar PROPRIATIONS Edwards (CA)McHugh Waxman provision, Mr. Speaker. Mr. MOAKLEY, from the Committee Ehlers McInnis Wolf Emerson McNulty Woolsey In conference, the Senate and House on Rules, submitted a privileged report Ewlng Meyers Wyden agreed to reduce the fence on DOE's (Rept. No. 103-709) on the resolution (H. Fawell Miller (FL) Young (AK) program funds from 50 to 20 percent. Res. 523) waiving points of order Fields (TX) Mlnge Young (FL) However, while the Statement of Man- against the conference report to ac- Frank (MA) Mollnarl Zeliff Franks (CT) Nadler Zimmer agers, language reflects this intent, the company the bill (H.R. 4603) making language of section 3136 itself prohibits appropriations for the Departments of NOT VOTING-17 DOE from spending more than 20 per- Commerce, Justice, and State, the Ju- Becerra Lantos Slattery cent of its program direction funds diciary, and related agencies programs Cox McDade Spence until it has submitted the reports. for the fiscal year ending September 30, Derrick Michel Sundquist What it should say, and what the cor- 1995, and making supplemental appro- Flake Moran Washington Gallo Quinn Whitten recting enrollment does say, is that priations for these departments and Grams Reynolds DOE shall not expend more than 80 per- agencies for the fiscal year ending Sep- cent of its program direction funds tember 30, 1994, and for other purposes, O 1754 until submitting the reports. which was referred to the House Cal- Mr. STUMP. Mr. Speaker, I thank endar and ordered to be printed. The Clerk announced the followingthe gentleman for his explanation. pair: Mr. Speaker, I withdraw my reserva- On this vote: tion of objection. The SPEAKER pro tempore. Is there THE JOURNAL Mr. Quinn for, with Mr. Grams against. objection to the request of the gen- The SPEAKER pro tempore. Pursu- tleman from California? Mrs. ROUKEMA and Mr. GUNDER- ant to clause 5 of rule I, the pending There was no objection. business is the question of the Speak- SON changed their vote from "yea" toThe Clerk read the concurrent reso- "nay." er's approval of the Journal. lution, as follows: The question was taken; and the Mr. BARCIA of Michigan changed his H. CON. RES. 285 Speaker pro tempore announced that vote from "nay" to "yea." Resolved by the House of Representatives (the the ayes appeared to have it. So the conference report was agreedSenate concurring), That in the enrollment of RECORDED VOTE the bill (S. 2182) to authorize appropriations Mr. Speaker, I de- to. fiscal year 1995 for military activities of Mrs. BENTLEY. for a recorded vote. The result of the vote was announcedthe Department of Defense, for military con- mand A recorded vote was ordered. as above recorded. struction, and for defense programs of the Department of Energy, to prescribe person- The vote was taken by electronic de- A motion to reconsider was laid nelon strengths for such fiscal year for the vice, and there were-ayes 228, noes 154, the table. Armed Forces, and for other purposes, the not voting 52, as follows: 22884 CONGRESSIONAL RECORD-HOUSE August 17, 1994 [Roll No. 405] Dunn Kreidler Rohrabacher SENTELLE PANEL FAILED TO Ehlers Kyl Ros-Lehtlnen AYES-228 Emerson Lazlo Roth MEET ITS OWN STANDARD TO Ewing Leach Roukema ACT IMPARTIALLY Abercromble Gonzalez Olver Levy Royce Ackerman Gordon Ortlz Fawell The SPEAKER pro tempore. Under a Fields (TX) Lewis (CA) Santorum Andrews (ME) Greenwood Orton Fowler Lewis (FL) Saxton previous order of the House, the gen- Bacchus (FL) Gutierrez Owens Franks (CT) Lewis (KY) Schiff tleman Baesler Hall (TX) Pallone from Maryland [Mr. HOYER] iS Franks (NJ) Lightfoot Schroeder Hamburg Parker recognized for 5 minutes. Barca Linder Sensenbrenner Barcia Hamilton Pastor Gallegly Mr. HOYER. Mr, Speaker, Gekas Lucas Shaw yesterday Harman Payne(NJ) Barlow Gllchrest Machtley Shays I sent a letter to Chief Justice Hastings Payne (VA) Barrett (WI) Manzullo Shuster Bateman Hllllard Pelosi Gingrlch Rehnquist asking that a new panel be Goodlatte McCandless Skeen Bellenson Hinchey Penny appointed to determine whether the Goodling McCollum Smith (MI) Berman Hoagland Peterson (FL) Goss McCrery Smith (TX) Sentelle panel, first, met its own "per- Bevill Hochbrueckner Peterson (MN) Grandy McHugh Snowe ceptions standard" by removing Spe- Bllbray Holden Pickett Gunderson McKeon Solomon Bishop Houghton Pickle cial Counsel Robert B. Fiske, Jr., and Hancock McMillan Stearns Bonlor Hoyer Pombo appointing Kenneth W. Starr and, sec- Hansen Meyers Stump Borskl Hughes Pomeroy Hastert Mfume Talent ond, whether the judicial function of Boucher Hutto Poshard Hefley Mica Taylor (MS) Brewster Inglls Price (NC) the panel has been tainted by political Brooks Inslee Rahall Herger Miller (FL) Taylor (NC) influence. Hobson Mollnarl Thomas (CA) Browder Jefferson Rangel Hoekstra Morella Thomas (WY) Mr. Speaker, when the three judge Brown (FL) Johnson (GA) Reed panel of the U.S. Court of Appeals re- Brown (OH) Johnson. E. B. Richardson Hoke Nussle Torklldsen Horn Oxley Towns Bryant Johnston Roemer placed Fiske with Kenneth W. Starr it Hunter Packard Upton Byrne Kanjorski Rose stated that it was not their "intent to Paxon Vucanovich Cantwell Kaptur Rostenkowski Hyde impugn the integrity of the Attorney Cardin Kasich Rowland Inhofe Porter Walker Portman Walsh Carr Kennedy Roybal-Allard Istook General's appointee, but rather to re- Rush Jacobs Pryce (OH) Weldon flect the intent of the act that the Castle Kennelly Johnson (CT) Quillen Wolf Chapman Kildee Sabo actor be protected against perceptions Clement Kingston Sanders Johnson. Sam Ramstad Young (AK) Kim Ravenel Young (FL) of conflict. (T)he court therefore deems Clyburn Klein Sarpallus King Regula Zeliff Collins (GA) Klink Sawyer it in the best interest of the appear- Zimmer Collins (IL) Kopetski Schenk Klug Ridge ance of independence contemplated by Knollenberg Roberts Collins (MI) LaFalce Schumer Kolbe Rogers the act that a person not affiliated Combest Lambert Scott with the incumbent administration be Condlt Lancaster Serrano NOT VOTING-52 Conyers LaRocco Sharp appointed." Cooper Laughlin Shepherd Andrews (NJ) Hall (OH) Reynolds Notwithstanding their own stated Coppersmith Lehman Skelton Andrews (TX) Hayes Sangmeister purpose for removing Mr. Fiske, the Costello Levin Slaughter Applegate Hefner Schaefer Cramer Lewis (GA) Smith (IA) Becerra Huffington Sisisky Sentelle panel has failed to meet its Cunningham Lipinskl Smith (NJ) Blackwell Hutchinson Skaggs own standard and to act impartially. Danner Lloyd Spratt Brown (CA) Johnson (SD) Slattery In fact, they appointed an opponent Darden Long Stark Canady Kleczka Smith (OR) of the incumbent administration. de la Garza Lowey Stenholm Coleman Lantos Spence Deal Maloney Stokes Coyne Livingston Sundqulst At a minimum, the objective of in- DeLauro Mann Strickland Derrick McCurdy Valentine stilling public confidence in the prcc- Dellums Manton Studds Edwards (CA) McDade Visclosky ess by avoiding any appearance of par- Fish Deutsch Margolles- Stupak Michel Washington tiality has not been achieved. At worst, Dicks Mezvlnsky Swett Flake Moorhead Waxman Dingell Markey Swift Ford (MI) Moran Whitten it could be concluded that partisan pol- Dixon Martinez Synar Gallo Murphy Williams itics played a significant role in the Dooley Matsul Tanner Gejdenson Murtha Yates Grams Petrl panel's decision. Durbln Mazzoli Tauzin Mr. Speaker, the Independent Coun- Edwards (TX) McCloskey Tejeda Green Quinn Engel McDermott Thompson sel Act was enacted over 15 years ago English McHale Thornton 0 1822 in the wake of Watergate, following Eshoo McInnis Thurman revelations of abuses and illegal activ- Evans McKinney Torres Mr. GILCHREST and Mr. KIM Everett McNulty Torrlcelll changed their vote from "aye" to "no." ity by Nixon administration officials. Farr Meehan Traficant So the Journal was approved. The stated purpose of Congress was to Fazlo Meek Tucker The result of the vote was announced establish a statutory scheme by which Fields (LA) Menendez Unsoeld Filner Miller (CA) Velazquez as above recorded. a special prosecutor outside the De- Fingerhut Mineta Vento partment of Justice could be appointed Foglletta Minge Volkmer to investigate and, if necessary, pros- Ford (TN) Mink Waters ecute violations of criminal law by Frank (MA) Moakley Watt REMOVAL OF NAME OF MEMBER Frost Mollohan Wheat AS COSPONSOR OF H.R. 140 high-ranking executive branch offi- cials. What was sought was a person Furse Montgomery Wilson Mr. ZIMMER. Mr. Speaker, I ask Gephardt Myers Wise free from divided loyalties and of ac- Geren Nadler Woolsey unanimous consent to have my name Gibbons tual and perceived conflicts of interest. Neal (MA) Wyden removed as a cosponsor of H.R. 140. A second point and just as important, Glllmor Neal (NC) Wynn The SPEAKER pro tempore (Mr. Gilman Oberstar Mr. Speaker, is that the law estab- Gllckman Obey FARR of California). Is there objection lished a process by which a rather to the request of the gentleman from unique legal entity-a three judge NOES-154 New Jersey? panel-would be set up with the sole Allard Bllley Clinger There was no objection. Archer Blute Coble function of selecting the independent Armey Boehlert Cox counsel. It is arguable that the process Bachus (AL) Boehner Crane is as important, if not more so, than Baker (CA) Bonilla Crapo SPECIAL ORDERS the individual who is selected to serve Baker (LA) Bunning DeFazlo Ballenger Burton DeLay The SPEAKER pro tempore. Under as independent counsel. Barrett (NE) Buyer Diaz-Balart the Speaker's announced policy of Feb- For, it is that panel which is en- Bartlett Callahan Dickey ruary 11, 1994, and June 10, 1994, and trusted with, First, ensuring that pub- Barton Calvert Doolittle under a previous order of the House, Bentley Camp Dornan lic confidence is maintained; second, Bereuter Clay Dreler the following Members will be recog- insulating the decision from political Billrakis Clayton Duncan nized for 5 minutes each. influence; third, making an unbiased August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22885 judgment as to who can best carry out tleman from Washington [Mr. budget. Unless we find a way to control the mandate of the law fairly; and fi- KREIDLER] is recognized for 5 minutes. this inflation, we will never make a nally with fourth, acting with judi- Mr. KREIDLER. Mr. Speaker, older dent in the Federal deficit, no matter ciousness. Americans spend more today on health how many programs we cut. The appointment of the three-judge care, out of their own pockets, than That's why every health care bill on panel was a further safeguard to make they did before Medicare was enacted. the table includes provisions to hold sure that, First, the public officials That's an astonishing fact. It shows down future Medicare spending. The who are investigated are treated equal- what the relentless growth in medical Gephardt bill reduces the rate of ly and fairly under the law and second, costs has done, over three decades, to growth from 11 to 8 percent a year. that the investigations of public offi- seniors' pocketbooks. What does that mean? Some people cials be done by an individual whose And it shows why senior citizens are will tell you that it means seniors judgment would inspire public con- so vitally concerned with the health won't get the health care they need. fidence. care debate we will have on this floor. That's baloney. It almost goes without saying that We must slow the inflation in health Some people will tell you it's impos- even though the Sentelle panel is a care costs for all Americans. And we sible to control health care costs-they rather unique creature of law, it is sub- must make sure every American has just have to keep rising out of control, ject to the rules of judicial conduct affordable coverage, guaranteed, with year after year. That's baloney too. If governing officials of the court. choice and quality. Senior citizens, we can put the defense of our Nation, For example, statutory mandates and who have worked all their lives, paid and the education of our children, on a ethical guidelines require judges to their taxes, and played by the rules, de- budget, then we can put the heal'h recuse themselves from participation serve no less than the rest of us. care system on a budget too. in cases where they may have special The Guaranteed Health Insurance Finally, we hear some people talk relationships with the parties or issues Act, which our Democratic leader DICK about Government-run health care- in a given case-or where there is a GEPHARDT has proposed, helps fill some the worst thing in the world, they tell real or even apparent conflict of inter- of the biggest gaps in Medicare for our us. Medicare is not perfect, but it pro- est. It is not so much an act of ques- senior citizens: vides health security for people who tioning the integrity of the judge, as it It adds coverage for prescription worked hard, raised their families, and is a matter of enhancing the public's drugs. This is one of the most devastat- paid their dues. confidence in the integrity of the deci- ing gaps in senior citizens' coverage I don't know anyone who would pre- sion. today. Doctors can't treat patients ef- fer to go back to the days before Medi- Indeed, Mr. Speaker, it was for this fectively if they can't afford the drugs care, not even those who voted against purpose that the Sentelle panel stated the doctor prescribes. And too many it 30 years ago. But I guess all those that it was removing Mr. Fiske and in- seniors on fixed incomes must choose who complain about Government-run stalling Mr. Starr. Yet, we know that between daily medicine or daily means. health care are really saying they want very serious questions have been raised It covers annual screening mammog- to get rid of Medicare. about contacts that occurred between raphy for women over 65, to detect All Americans will benefit from the Judge Sentelle and Senator FAIRCLOTH, breast cancer so it can be treated Gephardt bill. But seniors will be real a leading critic of the administration early. Right now, Medicare only covers winners. The bill adds much-needed and of Mr. Fiske, at a pivotal time dur- this procedure every 2 years. Medicare benefits. It controls costs, so ing the panel's determination of who It covers colorectal screening to de- seniors don't have to keep paying more should serve as independent counsel. tect colon cancer. and more out of their own pockets. And Mr. Speaker, Bruce Fein, a conserv- It improves mental health coverage. it provides security and peace of ative constitutional scholar who is no It eliminates the limit on lifetime mind-not only that they will have friend of President Clinton's, concluded hospitalization. medical care, but so will their children in yesterday's Washington Times that It will put a cap on how much seniors and their children's children. "appearances are critical, especially in have to spend each year from their own I'm proud to be on their side as this proceedings bristling with partisan pockets, a feature of many private in- historic debate begins and I urge my ramifications. The Faircloth lunch, surance plans which Medicare has not colleagues to support the Gephardt even if only trivialities were discussed, had. Seniors will know what's the most bill. should have prompted Judge Sentelle's they might have to pay, and they can plan accordingly. recusal." (Washington Times, August HAITI 16, 1994) It expands managed-care plans under Mr. Speaker, in light of Mr. Starr's Medicare, offering additional benefits The SPEAKER pro tempore. Under a well-known political positions as well to seniors with no additional cost. previous order of the House, the gen- as the panel's means of selecting him, Finally, the Gephardt bill addresses tleman from Florida [Mr. Goss] is rec- any conclusions that Mr. Starr may the biggest worry for millions of fami- ognized for 5 minutes. this time come up with will be questioned and lies-long-term care. The bill includes Mr. GOSS. Mr. Speaker, at distin- the panel's stated intent to build con- a program of grants to States for I would like to yield to the from California fidence in the investigation will be un- home-and community-based long-term guished gentleman dermined. care services. It also sets standards for [Mr. Cox]. Both the process and the newly inde- private long-term care insurance, so WHITEWATER INDEPENDENT COUNSEL pendent counsel are engulfed in a cloud people can invest in this coverage with Mr. COX. Mr. Speaker, I thank the of suspicion and cannot meet the level confidence and security. gentleman for yielding. of public trust that are critical to such These are all important and long I rise in response to remarks made by an important legal mandate as inves- overdue improvements. They will bring my Democratic colleague from Mary- tigating the President of the United Medicare up to the standard of the best land, who took to the floor to complain States. private insurance plans. That's what about the appointment of an independ- older Americans need and deserve. ent counsel to investigate Whitewater But we ulso have to deal with the matters. I wonder, with issues of O 1830 cost of Medicare. Senior citizens know, health care and crime weighing so better than anyone else, that there's no heavily on the Chamber at the mo- HEALTH CARE REFORM: GOOD FOR free lunch. Medicare is the fastest- ment, why it is that a Member would SENIORS growing.program in the Federal budg- take time out to focus on Whitewater, The SPEAKER pro tempore. Under a et. Health care inflation is eating up to complain about the fact that it is previous order of the House, the gen- the family budget and the Federal being investigated by an independent 22886 CONGRESSIONAL RECORD-HOUSE August 17, 1994 counsel appointed by, not the Congress I would hope that that is not the I think it is anomalous and in tension with directly, but by judges, a panel of case, but it seems to me that it makes the delicate balance created by our constitu- judges convened at the request of At- Congress look bad-and Congress al- tional separation of powers. But the Clinton torney General Janet Reno under a law ready looks bad in its handling of administration and the Democrats in Congress supported by the Clinton administra- Whitewater-to have Members of the loved that law, and there was nothing about it tion and recently passed by the Demo- body take to the floor and complain they loved more than the way it allowed cratic Congress. about the independent counsel who is judges to pick the prosecutor. I could quote to I voted against the independent coun- just now beginning his work when, you for hours from Democratic floor state- sel law. I think the independent coun- after all, he was appointed at the be- ments and committee reports calling that pro- sel law puts Congress and judges in the hest of the Attorney General who con- vision the linchpin of the bill; it was statements position of directing prosecutions, vened this three-judge panel. like that which led the court to find that con- where we should not be. That is a vio- Frankly, I have no idea whether Judge Starr tinuing the Attorney General's appointee in of- lation of our notion of separation of will be a tiger or a pussycat. I do know that fice as independent counsel was contrary to powers. But the independent counsel there is no member of the American bar with the fundamental purpose of the law. But as law was urged upon us by the Clinton better legal credentials, and no member of the soon as they reached that decision-as soon administration, by Janet Reno, and by bar with a better reputation for fairmindedness as an independent court actually had the te- the Democrats that control the Con- and unimpeachable integrity-so much so that merity to appoint a truly, visibly independent gress. the Democratic and Republican members of prosecutor, the majority changed its mind. A three-judge panel was convened at the Senate Ethics Committee unanimously The cataract of vilification and uninformed the request of Janet Reno. Instead of named him to the extraordinarily sensitive task abuse that has fallen on those judges, and on leaving Mr. Fiske in his position, of reviewing the Packwood diaries. I could go Judge Starr, is truly astounding. I will not try which would have been the result if on at length about his credentials-a clerkship to answer every one of the laughable criti- Janet Reno had not requested that a for the Chief Justice, partnerships in two na- cisms that have been made. I will only point three-judge panel be convened, they tional law firms, the youngest judge ever ap- out that the court that appointed Judge Starr chose to appoint someone who did not pointed to the D.C. Circuit, the Nation's sec- was composed of both Democratic and Re- have Mr. Fiske's conflict of interests. ond highest court. And I could go on about his publican appointees, and that these judges 0 1840 character-his work for his church and for unanimously agreed that Mr. Fiske needed to charities, his devotion to his family, the fact go, and that Judge Starr should replace him. We know not only that Mr. Fiske was that after 15 years in Washington, and a The panel including Judge Butzner, ap- appointed by the Justice Department longer time than that at the pinnacle of his pointed by President Kennedy to the district and that he had announced in recent profession, he is known as a man with no en- court and by President Johnson to the court of weeks that his investigation was lead- emies, and-until now-virtually no critics. appeals, who has also served with distinction ing into the Justice Department and But all that changed overnight when the on the Judicial Ethics Commission. And Judge the Justice Department's own involve- court appointed Judge Starr to be the Butzner is no potted plant: he dissented from ment in Whitewater, but also that Mr. Whitewater independent counsel. Now we're his colleagues' ruling on the Walsh report. Fiske contributed to Democratic can- told that Ken Starr is too partisan to serve be- The panel includes Judge Sneed, who didates for Congress; that Mr. Fiske cause he is a prominent Republican lawyer taught at Texas, Cornell, Stanford, and Duke had a 20-year relationship with Bernie who has contributed to political campaigns. before being named to the Federal bench, Nussbaum, the White House counsel Sounds a lot like Leon Jaworski-or Bob where he has enjoyed an enviable reputation who, himself, had to resign as part of Fiske, who is, as the Clinton administration for scholarship and integrity. As for the chief the Whitewater matters; that Mr. has reminded us ad nauseam, a very promi- judge of the panel, Judge Sentelle, who has Fiske's clients had, in fact, borrowed nent Republican. And Mr. Fiske has given been singled out for particularly offensive money from Bill Clinton's State agen- money to several political campaigns as well- abuse, he has served as a Federal prosecu- cy in Arkansas; and they had, in fact, including Democratic campaigns for, among tor, a State and Federal district court judge, sold land to the Whitewater Develop- others, the Republican Senate seat in New and-like Judge Starr-a unanimously con- ment Corp. Hampshire. And, like Judge Starr, Mr. Fiske firmed judge of the D.C. Circuit, the second Nobody seemed to complain about served in a key post in the Justice Depart- highest court in the land. I have a copy of the these rather obvious conflicts of inter- ment, during the Carter administration. Bob letter that the American Bar Association sent est at the time. But now that there is Fiske has yet another similarity with Judge the Senate, unanimously attesting to Judge a truly independent counsel appointed Starr: they both were on the short list for spe- Sentelle's outstanding credentials for the by three judges, not by Janet Reno, we cial counsel that Bill Clinton's attorney general, bench. It is signed by Robert Fiske, who also are told that this is a terrible thing. Janet Reno, put together in January. Judge joined in the ABA's endorsement of Ken Starr Who is this man Ken Starr? He was Starr was nonpartisan enough for Janet Reno for the D.C. Circuit Court of Appeals. the Solicitor General of the United then; he is also nonpartisan enough for the Bill The American people know why the Demo- States. He was a judge of the U.S. Clinton now. On Tuesday morning Lloyd Cut- cratic Party has launched an indiscriminate Court of Appeals, approved unani- ler said categorically that, and I quote, "We smear campaign against four distinguished mously by the U.S. Senate. In fact, he have no reason to doubt the fair-mindedness judges of both parties. They are aware that was selected just very recently by of Ken Starr." The administration has said, this is nothing but well-poisoning-an effort to Democrats and Republicans on the and again I'm quoting, "The President does discredit, in advance, whatever evidence of Senate Ethics Committee to handle the not think that Starr should step aside." And misconduct the independent counsel may un- very politically sensitive matter of Mr. Fiske himself has publicly stated, "I can earth. It speaks volumes about my colleagues' going through the Packwood diaries. absolutely guarantee you nothing is endan- confidence in their President that they feel this He was on Janet Reno's short list to be gered by the switch." Let me repeat that: Bob effort is needed. the special counsel, the position to Fiske said that he could "absolutely guarantee Mr. Speaker, I was asked on "Crossfire" the which she named Mr. Fiske. you nothing is endangered" by Judge Starr's other night how I would feel if the shoe were Why is it that we are hearing com- appointment. What do my Democratic col- on the other foot, and Jimmy Carter's Solicitor plaints that now, he is somehow a par- leagues know that Bob Fiske, Janet Reno, General had been appointed to serve as an tisan figure? Perhaps it is because Lloyd Cutler, and the Clinton White House independent counsel during the Reagan ad- there is concern that a truly independ- don't know? Why are they being more royalist ministration. I think it is a revealing parallel. ent counsel will get to the bottom of than the King? There were Carter administration lawyers, as Whitewater. Perhaps there is some con- Then there is the court that appointed Judge there are Bush administration lawyers, whose cern that the coverup in the House Starr. Mr. Speaker, I'm no fan of the way the roles in Government involved an engagement Whitewater hearings was not total and Ethics in Government Act provides for appoint- in policy and politics that would make their ap- complete and that more of this might ing independent counsels, and I voted against pointment as independent counsels inappropri- come out. the law in part on that basis. ate. The Solicitor General is not one of them. August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22887 The post has frequently been held by judges, reappoint Fiske under the law, but the court That is absurd. There is no consensus or by people who went on to be judges. And declined, citing the need for the "appearance for such an invasion. Even the United it is known throughout the legal profession as of independence" in an independent counsel. Nations is now trying to negotiate and a position of unique responsibility, untainted Another Democrat, Sen. Patrick J. Leahy (Vt.), said Starr should pledge not to enter sending an envoy to Haiti to negotiate by partisanship. The Solicitor General during electoral politics or to accept a political ap- a peaceful solution to the problem. the Carter administration, the late Judge Wade pointment after serving as independent This is the same United Nations that McCree, was, like Ken Starr, a widely re- counsel. "Here's a man who is talking about authorized anything we need to do to spected Federal judge who resigned from the running for the U.S. Senate, who has always solve the problem in Haiti at our be- bench to serve in that post. Like Judge Starr, been named as a potential [Supreme Court] hest, at the United States behest so we he was known for his fairmindedness. And 1 appointee if there's a Republican administra- could justify an invasion. Things are can attest, as one who served in the Reagan tion, and I think that if he's going to take coming apart fast. We need this he ought to make it very clear that in a new pol- White House, that neither I nor anyone I knew doing so he's forgoing political ambitions." icy in Haiti. in the administration would have said or be- Levin and the chief House sponsor of the lieved that such an appointment was inappro- independent counsel legislation, Rep. Barney MIDDLE-INCOME AMERICA: priate, or anything other than a faithful execu- Frank (D-Mass.), said they believed letters PAY- ING MORE tion of the mandate of independence required to the special panel that appoints independ- FOR LESS UNDER CLINTON-GEPHARDT HEALTH by the law. I certainly do not believe that we ent counsels should be public record. would have unleashed against him, or the A group of Republican House members and BILL a conservative group headed by one of Clin- The SPEAKER pro tempore. Under judges who appointed him, the shameful cam- ton's chief political opponents wrote the a paign of ill-informed abuse and invective that court to urge that Fiske not be reappointed. previous order of the House, the gen- has been directed at Judge Kenneth Starr. But there is no indication of the letters in tleman from Alabama [Mr. EVERETT] is [From the Washington Post, Aug. 10, 1994] the court file on the case, which contains recognized for 5 minutes. STARR, FISKE MEET AS DEMOCRATS CONTINUE only the four-page ruling naming Starr. Mr. EVERETT. Mr. Speaker, Presi- To PROTEST APPOINTMENT Under the independent counsel law, no infor- dent Clinton is now trying to dupe the mation about a case is released unless or- (By Ruth Marcus) American people into believing that dered by the special court in charge of ap- Kenneth W. Starr, the new independent the real group to benefit from the Clin- pointing the counsels. The appeals court ton-Gephardt health plan are middle- counsel investigating Whitewater, met In clerk, Ron Garvin, said Monday he was un- Little Rock, Ark., yesterday with his prede- aware of any letters. Through a spokes- income Americans. Sounds familiar- cessor, Robert B. Fiske Jr., as the Demo- woman, Sentelle declined to make public doesn't it-I believe candidate Clinton cratic outcry over the appointment of a par- any letters sent to the court. "The general made a similar pledge about taxes. tisan Republican continued. rule should be that if they're read they In truth, the Clinton-Gephardt bill is As evidence that Starr's partisan ties should be made part of the public record," make him a bad choice to investigate a bad deal. Middle-income Americans Levin said of the letters. Whitewater, one Democratic activist yester- will pay more for less. Let me repeat "This is a public matter," Frank said. that; middle-income Americans would day cited Starr's $1,000 contribution to a "This isn't some private deal between these candidate for Texas lieutenant governor, Tex wackos and the judges * * *. This is a pend- pay more money for less coverage Lezar. Lezar has run "Whitewater update" ing case. I don't think you should be able to under Clinton-Gephardt. radio spots criticizing the Clinton adminis- write secret letters to judges about pending Mr. Speaker, if a businessowner tration. matters." Frank said he did not believe wants to be successful and make a prof- In one spot, Lezar says Deputy Treasury Starr should step aside from the case. it, he will offer his customer more Secretary Roger C. Altman should resign, saying he "is caught in the middle of an ap- I thank the gentleman for yielding to goods or services at a lower price than parent coverup by the Clinton administra- me. his competitors. tion." Lezar and Starr are longtime friends Mr. GOSS. Mr. Speaker, I was going But, unlike the real world, the Presi- who worked together in the Reagan adminis- to speak about Haiti. I thought that it dent thinks he can fool the American tration Justice Department before Starr was was very important that that timely people into paying more for less care. appointed to the federal appeals court here. response in response to the distin- Apparently, Mr. Clinton missed the Starr made his contribution to Lezar's cam- guished gentleman from Maryland be class on basic economics when he was paign Feb. 14, before Lezar began the made. at Oxford. Whitewater attacks, and Lezar said yester- day he did not believe Starr was aware of the The situation in Haiti is still ter- But, isn't this the same President ads. James Carvllle, one of President Clin- rible. We are now having a situation of who promised middle-income Ameri- ton's closest political advisers, yesterday rebellion going on in Guantanamo, dis- cans a tax cut and then gave America called on Starr to withdraw from the inves- orders. We have the military police of- the greatest tax increase in history? tigation. "I think he should never have been ficers; 20 of them have been hurt in a That's called a bait and switch. Let's appointed," Carville said. melee down there. We have economic take a closer look. Referring to federal appeals court Judge refugees asking to be taken back to Under a Clinton-Gephardt system, David B. Sentelle, who headed the panel that Haiti. We have got asylees in Haiti try- middle-income Americans would be selected Starr, Carvllle said, "What is a po- litical protege of [Sen.] Jesse Helms [R-N.C.] ing to get out of harm's way. They can- forced to buy a Government-sanctioned doing appointing a potential senatorial can- not because of the sanctions that we health care plan, regardless of whether didate to a position like that? * * * Partisan have put on in that country. they like their current policy or not. politics is driving this whole thing." Starr We have taken a bad situation, and These families would also be required had considered running for the Republican we have made it worse for true politi- to purchase benefits, many of them Senate nomination in Virginia. One of the cal asylees. We have made it worse for quite expensive such as drug and alco- authors of the new independent counsel law all Haitians, and we have certainly hol rehabilitation or abortion benefits, to withdraw or yesterday called on Starr made it worse for the refugee problems that they may not need or want. make a full disclosure of his political activi- global budgets and spending ties to the court panel that appointed him which is now basically concentrated in Under Friday to investigate Clinton and a very miserable situation in Guanta- caps, there will be a tremendous Whitewater. namo. amount of cost-shifting away from Sen. Carl M. Levin (D-Mich.) said the panel I wish I could stand here and say we Medicare and Medicaid-eligible pa- should explain "why it is that they've con- did not predict this, but we did predict tients to those who have private insur- cluded that all of these political activities this. This is a very bad policy. And we ance-hospitals and other providers on his (Starr's] part do not create the very have got now the next potential com- will have little choice. The current type of appearance problem which caused ing up of this invasion which today's Medicare reimbursement rate is on the them" to decide not to reappoint Fiske. Fiske had been named special counsel by Washington Post said, "U.S. officials average about 59 percent of what pri- Attorney General Janet Reno when the ear- acknowledge that an invasion would be vate insurers pay for the same proce- lier independent counsel law expired. After staged almost exclusively by U.S. dures or treatment. In view of the the law was revived, Reno asked the court to troops." funding limits and cuts in Medicare 22888 CONGRESSIONAL RECORD-HOUSE August 17, 1994 spelled out in the bill, the disparity in *The White House and the Democrat convey the impression that maybe reimbursement rates will only widen. leadership have put on their best some Operation Rescue unit was going The bottom line is that middle-income "trust us" faces regarding the benefits to try and infiltrate the Capitol and Americans will pay the toll through of the Clinton-Gephardt bill. This make noise outside the hearing room. higher premiums, higher taxes, and brings to mind a bit of wisdom from Mr. Speaker, when they came out, less care. Abraham Lincoln about fooling all of one of the nine Members of Congress Mr. Speaker, this entire discussion the people all the time. But, the Amer- who showed up for this task force could really be boiled down to one sim- ican people won't be fooled. The Clin- meeting said the following: ple question, "Who pays?" ton-Gephardt plan is based on paying We think that religion should not be in- Who pays for creating Medicare part more for less. volved in politics. We are trying to figure C which will expand the total number out how we can dissuade churches from get- ting involved in partisan politics. Issues that of Medicare-eligible individuals to 1850 ought not to have something to do with reli- roughly half the entire population? 0 gion are being targeted by religious coali- Who pays for the approximately $170 EXCHANGE OF SPECIAL ORDER tions for partisan purposes. billion a year in low-income subsidies TIME Mr. Speaker, that was said by a gen- provided for in this bill? Ms. McKINNEY. Mr. Speaker, I ask tleman seeking his third term, the gen- Who pays the 2 percent on health in- tleman from Virginia, JIM MORAN, of surance premiums? unanimous consent to exchange my time with that of the gentlewoman across the river. I drive through his Who pays for the Clinton-Gephardt district every night to get to the dis- bill in lost or depressed wages, or with from Florida [Mrs. MEEK]. The SPEAKER pro tempore (Mr. trict of the gentlewoman from Vir- their jobs? ginia, LESLIE BYRNE, where I live when Who pays? The answer is simple- FARR of California). Is there objection to the request of the gentlewoman the House is in session. who pays now for the waste and fraud Mr. Speaker, there was a Mormon at from Georgia? in our welfare system? that meeting, a good friend of mine, We There was no objection. Who always pays? The middle-income had three fellow Catholics, albeit they American. are Catholics who are in disagreement According to a study by the Amer- with the Magisterium of the church. ican Legislative Council, the average THE TASK FORCE ON THE RADICAL RIGHT They must certainly be in disagree- middle-income American worker who ment with Mother Teresa, on pro-life earns between $14,000 and $30,000, will The SPEAKER pro tempore (Mr. issues, and with Cardinal Connor, Car- lose anywhere from $660 to $2,300 per HASTINGS). Under a previous order of dinal Law, Cardinal Hickey, and all year in lost wages, under a Clinton- the House, the gentleman from Califor- other Cardinals in the Nation, on spe- Gephardt-type employer mandate. nia [Mr. DORNAN] is recognized for 5 cial rights for homosexuals. But they Why is that? Well, it's something minutes. are nevertheless proud to put "Catho- that I don't think many policy wonks Mr. DORNAN. Mr. Speaker, there was lic" after their biographies in the book. in the administration have had much formed by the majority party a task Then there was a good Baptist from experience with-it's called meeting a force called the Task Force on the Rad- North Carolina, along with three payroll. I have had to meet a payroll ical Right. They met for the first time Esipcopalians representing some pretty for more than 30 years now as a small last Thursday. They selected a chair- big churches. business owner. Should a Clinton-Gep- woman, the distinguished gentlewoman Just last week, it just so happens hardt mandate be enacted, small busi- from New York, LOUISE SLAUGHTER, that I passed by a poster shop in Alex- ness owners would be forced to pay 80 who is on the floor at this very mo- andria, in Old Town. I saw in the win- percent of the cost of a Fortune-500 ment. It was formed by the gentleman dow this poster that I remember from equivalent benefits package whether from California, VIc FAZIo, who has my youth, painted by Norman Rock- they can really afford to or not. That been my friend of almost 20 years, but well, to inspire all of his fellow Ameri- leaves the small business owner with he wears two hats. cans during the Second World War, so very few options at the end of the day. The gentleman from California is the that we had a clear focus on what we Either reduce the hours employees director or chairman of the Democratic were fighting for. We were fighting the work, reduce their wages or eliminate Congressional Campaign Committee, warlords of Tojo, the fascism of Benito their jobs altogether. whose principal job is to raise money Mussolini, and even Nazi jackboots of To highlight this point, an August to defend incumbents. He is responsible Adolf Hitler. We were fighting for free- 8th study by CONSAD Research indi- also to try and win all open seats and dom of worship, freedom of speech, cates that in my State of Alabama, em- to try to defeat every Republican in freedom from want, and freedom from ployer mandates in the Clinton-Gep- the House. He also wears the hat of co- fear. hardt plan will result in 18,824 people director, with the gentleman from Mr. Speaker, I remember collecting losing their jobs. What about the im- Maryland, STENY HOYER, of the Demo- as a 10- or 11-year-old each one of the pact on the local economy? Mr. Speak- cratic Caucus, which is the caucus of covers of the Saturday Evening Post as er, I don't know about your State, but all the Democrats in the House. He is a these paintings came out. Here it is, Alabama simply cannot absorb job very important man. So he forms this the most important one of all, freedom losses of this magnitude. task force on the radical right imme- of worship. I am sorry it is curling, but In closing, let me say to my col- diately on the heels of a rather offen- this cost me a couple of C-notes, be- leagues and to the American people sive speech given at the National Press cause it is an original, printed during watching tonight, Congress cannot se- Club in which he talked about fire- the war, on canvas-type paper. Look at riously ask middle-income Americans breathing Christians. that beautiful picture. to pick up the tab on more time. The Then the gentleman from California Let me help my colleagues, there. I alleged advantages of the Clinton-Gep- [Mr. FAZIO], my friend, says he was not know the gentlewoman from Georgia, hardt plan for middle-income Ameri- really talking about Christians, just CYNTHIA MCKINNEY, is on the floor now. cans ring hollow just like the ever-elu- the radical right. However, at this task She was at that task force on the radi- sive middle-income Americans tax cut force meeting on government ground, cal right. There it is, the Norman promised by the Clinton administra- funded by taxpayers, taxpayers paying Rockwell, one of the originals: "Save tion and the promise to "end welfare as for the lighting, the air conditioning, freedom of worship, each according to we know it." Judging from the calls said room, HC-7 downstairs, they had the dictates of his own conscience." and letters I have received in my of- their meeting and they used up the Then there is a little pitch at the bot- fice, middle-income Americans are time and taxpayers money of eight tom about buying War Bonds. I wish I tired of being Washington's "fall guy." Capitol Hill police. Maybe that was to had this mounted on an easel. August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22889 Mr. Speaker, when I showed it to the religious coalitions for partisan purposes," Well, all I know is, all the police officers in gentleman from California, Vic FAZIO, he said, adding that the "radical right" is this country know we need to give kids this afternoon, being a good-natured partly responsible for yesterday's scuttling something to say 'yes' to." of President Clinton's anti-crime bill. Well, what do God and the police think of fellow, Vic said, "There I am in the "They have a responsibility to define who the bill's S10 million handout for a new Na- back row." No, it does not look like is the 'radical right,'" Mr. Paxon said, add- tional Criminal Justice Center in the dis- VIc at all. One woman in the front has ing that the task force's agenda and goals trict of Democrat Jack Brooks? It's an im- her rosary through her fingers. It re- should be likewise clarified. portant question because the handout won't minds me a lot of the nuns and the peo- On Tuesday, Mr. Fazio sent a memo invit- end there. As a press release from Lamar ple I have seen on the front row of ing "Democratic colleagues" to the meeting, University, recipient of the S10 million, put some of the Operation Rescue units in which was to include "a general update and it, "In 1986, Brooks and then-Senator Lloyd front of those mass-killing abortuaries. discussion on recent Radical Right activity." Bentsen had written into the Superfund Bill Mr. Speaker, here is my problem. The meeting was held in a House con- language that authorized $5 million to create They all had this meeting. Not 70 hours ference room in the Capitol and was attended the Gulf Coast Hazardous Substance Re- by Democratic Reps. Louise M. Slaughter of search Center. Since that time, the research later, Bill Clinton, at taxpayer ex- New York, Mike Synar of Oklahoma, Rich- center has received more than S16 million in pense, in either a limousine or Marine ard J. Durbin of Illinois, Dick Swett of New federal funding." helicopter, comes down from Camp Hampshire, Cynthia McKlnney of Georgia, Then there is the S20 million "Hope in David, deep in Maryland, where there David Price of North Carolina and Sam Farr Youth" program mentioned in this space are plenty of nice churches. He goes to of California, among others. previously. Actually the word "youth': ap- one of the most beautiful churches in Democratic House staffers guarded the pears exactly twice In the entire section, in- cluding the title. "Hope in Left-wing Activ- this town. The title is a mouthful, but door to the "members only" meeting, and, by special request, Capitol Hill police pa- ists" is more accurate, since it would fund it is fun to say, because it covers the trolled the halls and checked identification "advisory organizations" to provide, among Christian waterfront: The Full Gospel badges. other things, a "multi-issue forum for public African Methodist Episcopalian Zionist Members of the Traditional Values Coali- policy discussion." This is walking-around Church. It is a big, beautiful church, tion and the Christian Coalition waited out- money for liberal activists to lobby for still and it has a choir as good as any in the side the meeting door. more money. entire United States, and there is Clin- A spokesman for Mr. Farr, who won a spe- And what about the $125 million for Juve- ton in front of that choir, Mr. Speaker, cial election for the seat vacated by White nile Drug Trafficking and Gang Prevention House Chief of Staff Leon Panetta, said "the Grants? The grants are supposed to "reduce saying that God wants us to vote for main thrust of the meeting" was "non-profit juvenile involvement in organized crime." this soft on crime, hug-a-thug bill. groups vs. advocacy groups" and "When do But aside from a few references to sports ac- Mr. Speaker, I ask you to take a dep- [non-profits] cross the line and become advo- tivities and "artistic enrichment," it's not osition down at the White House from cacy groups?" clear how the S125 million is supposed to do the First Family and ask why they Nonprofits receive tax exemptions under that. used that beautiful church Sunday. the law, whereas advocacy groups do not. To Washington Post reporter Kenneth Coo- Mr. Speaker pro tern, since you were According to House ethics rules, use of "of- per, complaints about pork-barrel spending at that infamous meeting, I add this ficial resources" for campaign purposes is in the crime bill are just cover for the real article to my remarks: prohibited and use of meeting rooms is re- objections of the Republicans and 58 Demo- [From the Washington Times, Aug. 12, 1994] stricted to "congressionally related pur- crats who voted against the crime bill last poses." week. Their real problem is the crime bill's HOUSE 'RADICAL RIGHT' SUMMIT HAS In recent months, many Democratic lead- gun-control provisions, he "reported." CONSERVATIVES CRYING FOUL ers-including Mr. Clinton, Surgeon General No doubt it's true that many lawmakers (By Cheryl Wetzstein and Laurie Kellman) Joycelyn Elders, outgoing DNC Chairman doubt that taking guns from law-abiding The "Radical Right Task Force," a closed- David Wilhelm and Mr. Fazio-have de- citizens will do anything to reduce crime. door summit of House Democrats, yesterday nounced broadcasters and groups of the "rad- But complaints about pork are not new. Wis- evoked calls of religious bigotry and misuse ical right." consin Republican James Sensenbrenner Jr. of public funds from Republicans and con- And, Mr. Speaker, to clarify Mr. Clin- wrote an April 6 column in the Commentary servative groups barred from the meeting at pages of this newspaper noting that the the Capitol. ton's hypocrisy, I include the Washing- "House crime bill has several defects, but "This Is a pathetic action of the Demo- ton Times editorial: perhaps the worst defect is the $8 billion cratic leadership of Congress to continue [From the Washington Times, August 16, going to social-welfare programs .... I say their assault on people of faith and people 1994] they are a waste of money." Apparently a lot who want to change Congress," said Rep. Bill GOD AND THE CRIME BILL of Republicans agreed because more than 100 Paxon of New York, chairman of the Na- So God wants the crime bill passed, does voted against the bill that month even tional Republican Congressional Committee. He? President Clinton didn't say where he though it included no assault-weapons ban. "Why are they meeting on the taxpayer's had gotten the Word, but in an appearance at The respective Senate and House crime dime to develop strategies against people of bills cost S22 billion and S28 billion. Con- faith being involved in the political proc- the Full Gospel A.M.E. Zion Church in Tem- ple Hills Sunday he demanded that Congress ferees "compromised" and settled on a total ess?" asked Marshall Wittmann, director of of $33.2 billion. So if anything there was even legislative affairs for the Christian coalition. "do the will of God" and pass the crime bill. Not a version stripped of the more controver- more pork than before. "I'm sure there's plenty of rooms at the DNC If Mr. Clinton wants to turn his moral mi- sial and wasteful provisions that led to its [Democratic National Committee]." nority into a majority, he ought to strip out defeat last week, mind you. No, God, like Mr. The meeting was arranged by Rep. Vic the gun control measures and Clinton, apparently wants the whole thing. the pork and Fazio of California, vice chairman of the to vote on a meas- One can just imagine the outrage that give lawmakers a chance House Democratic Caucus. ure that could really do something about "Given Fazio's well-publicized anti-Chris- would have resulted if, say, Ralph Reed of the Christian Coalition had headed for the crime. Editors here can't claim a higher au- tian sentiment, these meetings smack of re- thority for such a bill, but one suspects vot- pulpit to announce that his legislative agen- ligious bigotry," said Andrea Sheldon, direc- ers would say, "Amen." tor of government affairs for the Traditional da had the Almighty's imprimatur. Obvi- Values Coalition. ously, there's a certain amount of hypocrisy But Rep. James P. Moran, Virginia Demo- involved here. But this holier-than-thou ap- URGING MEMBERS' SUPPORT FOR proach to politics, so typical of the First crat, who attended the 40-minute meeting, THE OMNIBUS VIOLENT CRIME said it was "to discuss the issues that the Family, is also another unpleasant reminder CONTROL AND LAW ENFORCE- radical right has focused on and how it will that the Clintons simply do not believe there affect the legislative agenda for the rest of is room for reasonable people to disagree MENT ACT OF 1994 the year." with them. Anyone who does is profane- The SPEAKER pro tempore. Under a "We think that religion should not be in- meaning set apart from God. previous order of the House, the gentle- For the more secular-minded out there, volved in politics," said Mr. Moran, who is woman from California [Ms. EsHoo] is running for a third term. "We're trying to Mr. Clinton claims that critics have set recognized for 5 minutes. figure out how we can dissuade other church- themselves apart from police. "Now the Re- es from getting involved in partisan politics. publicans say, well, there's too much money Ms. ESHOO. Mr. Speaker, I rise this "Issues that ought not have something to for prevention in this bill," he said in his evening to urge my colleagues in the do with religion are being targeted by these weekly radio address. "They call it pork. House of Representatives to support 79-059 0-97 Vol.140 (Pt. 16)41 22890 CONGRESSIONAL RECORD-HOUSE August 17, 1994 the Omnibus Violent Crime Control Mr. Speaker, we had a press con- men and women who put their lives on and Law Enforcement Act of 1994, ference yesterday, and they were all the line every day to protect their fel- Americans know today that this is women, women Senators and women low citizens. Our police forces are the called the crime bill, and insist that House Members. We heard the stories first line of defense against criminals this bill retain the major provisions of of constituents who have lost their who commit heinous acts of violence. penalties and prevention, and, Mr. spouses as a result of these assault This past Sunday, Sergeant Glivar Speaker, it must include a ban on as- weapons being sold like candy on our was fatally shot during a six-hour sault weapons. streets, available to anyone that wants standoff with a gunman who was holed Mr. Speaker, as Members of this to use them for whatever insane pur- up in his apartment after shooting and House, we know the cost of crime in pose they may have in mind. killing John Bryant. Glivar and his fel- our districts. We see the cost in broken low police officer, Lt. Thomas Kaiser, homes, we see the cost in broken bod- O 1900 approached the home of the gunman in ies, we see the cost of the emotional I wish that the NRA was there. I wish the hopes of peacefully disarming him. and physical trauma of the people that that they could have stepped up to a They knocked and ordered the gunman we are privileged to represent. microphone and given an answer to to open the door. The gunman fired In my district, Mr. Speaker, there is these citizens as to why they would several shots, killing Sergeant Glivar a community by the name of East Palo lobby the way they do. and injuring two other officers-Ser- Alto, in California. In 1992 this small So, America, do not be fooled. This is geant Thomas Kaiser and Patrolman community beat out the District of Co- not about pork. It is about another John Mackey. lumbia as being the murder capital of kind of pork. Prevention is not pork. Sergeant Glivar, who was 44, joined our Nation, per capita. If you talk about community centers the Garfield Heights Police Depart- Today people are still frightened to and what we can do for our children of ment in September 1972. He was pro- leave their homes. There are many this Nation, I know what I gave to my moted to sergeant in 1990 and was a su- other parts of my district that are very children, and you know what? It pervisor for basic patrol. He was a life- well known for their wealth, but this is worked. That may be pork in Beverly long member of the community, grad- still part of the 14th Congressional Dis- Hills, but it is not pork in my commu- uating from Garfield Heights High trict of California. nity of East Palo Alto. Whether they School in 1972. He attended Cuyahoga Mr. Speaker, just last night this are black or brown or yellow or white, Community College and John Carroll small community of 24,000 people en- regardless of what their background is, University. He also served in the Coast dured an armed robbery, a grocery our children deserve a vote that is Guard and Coast Guard Reserves. store shooting, and a shooting in a going to offer them the kind of preven- Sergeant Glivar married his wife local tenant complex. We must take tion that law enforcement from around Debbie in 1983. They had celebrated every step possible to stop this ran- the Nation have come together and their 11th anniversary the day before dom, senseless violence which plagues have come to the Capitol this week and Sergeant Glivar was killed. Glivar al- our neighborhoods and our commu- said, "This is what we need." ways went home for lunch; he was de- nities, and we can do this by passing Make no mistake about it, this word voted to his wife and family. He is also the crime bill, which will ban 19 spe- pork has had some contagiousness to survived by his mother Helen Glivar, cific assault weapons. These weapons, it. But examine it, America, and listen and his sister, Cheryl Janoviak. which include the Streetsweeper, Sergeant Glivar loved playing the to really what this is all about. It is which, by the way, was invented for use drums and once played in a band with about the money that is made on as- in South Africa for crowd control, at, his late father. He was an avid scuba to ban them. thank God, another time in our his- sault weapons. We want diver, an amateur meteorologist and tory, are designed to kill people, not That must be part of the crime bill. I had earned a black belt in karate. wildlife, not targets, but people, human urge my colleagues to put aside par- Mr. Speaker, this tragic incident beings, and now small children riding tisanship and what they think is best began with the shooting of a civilian, their bikes to and from school. for their political careers. Do what we John Bryant, who was murdered in Mr. Speaker, what has this country were supposed to do in coming here and cold blood by the same killer who mur- come to? Does the NRA have no taking our oath of office. Stand next to dered Sergeant Glivar. Mr. Bryant was shame? They don't want prevention every American. Do the right thing and a 28-year-old man with his life in front money in a bill to prevent crime, and pass a bill that is going to do well by of him. He and his girlfriend were they fight and pay for Members here to every citizen in America. walking home from the supermarket vote their way to continue to have when the gunman emerged from a near- these assault weapons on our street. I TRIBUTE TO OFFICER DENNIS N. by apartment building. The gunman do not think they are on the side of GLIVAR stopped about 10 feet from the couple, America, and I do not think that is uttered a racial slur, and then shot Mr. American. That is not something I ever The SPEAKER pro tempore. Under a Bryant in the chest. We cannot find want to stand next to. previous order of the House, the gen- words to express our grief and sorrow Mr. Speaker, I am proud to have sup- tleman from Ohio [Mr. FINGERHUT] is at this senseless death. ported the rule last week, and I want recognized for 5 minutes. It is particularly shocking that John to make sure that Members stand next Mr. FINGERHUT. Mr. Speaker, I rise Bryant was singled out by this mad- to this abiding principle. If there was a today and invite the Members of the man because of his race. Mr. Speaker, time during this second year of the House of Representatives and all people we know we cannot banish hatred from 103rd Congress that I believe the Amer- across our country to join with me and the hearts of angry men, but surely in- ican people felt that their voices had the people of the 19th District of Ohio cidents like this should cause us to re- been heard, that a special interest had in honoring and paying tribute to the double our efforts to fight racism of all been passed over, it was when we voted memory of Police Sergeant Dennis N. kinds. on the assault weapon ban. I think we Glivar of Garfield Heights, OH who was Mr. Speaker, the deaths of Sergeant need to climb that mountain again this killed in the line of duty August 14, Dennis Glivar and Mr. John Bryant re- week, and I think we need to stand tall 1994. Mr. Speaker, I also rise today to mind us of our duty to both police offi- and prove to the American people that pay tribute to a civilian who was killed cers and civilians in our community. our own political careers are not what in this awful incident, John Bryant. Sergeant Glivar was willing to give ev- we are here for, but the oath of office In the' House of Representatives we erything, including his life, in the line that we took when we stood on the are in the midst of a debate about how of duty to protect his community. His floor of this House in this Chamber, best to stop crime. While each Member family, all of Garfield Heights and our that it was for them that we have come of this body may have a different solu- community have suffered an enormous here. They deserve better. tion, all of us unite behind the brave loss. August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22891 Mr. Bryant's girlfriend, his family tering. They point out that we are 8 So Members can see why many of us, and friends, along with Garfield times more likely today to be put on Mr. Speaker, are skeptical about this Heights and the entire community parole for a violent crime than we were so-called crime bill. have likewise suffered because of Mr. 30 years ago in this country for crimes Bryant's death. We mourn with both committed. sets of families and friends. So those are the areas I would like to THE CRIME BILL We can only hope that these sense- see us focus on, rather than focus on a The SPEAKER pro tempore (Mr. less acts of violence will teach us all $33 billion bill that has such question- FARR of California). Under a previous that we must do everything in our able crime prevention measures as a order of the House, the gentleman from power to prevent the killing that we $10 million gift to the chairman of the Georgia [Mr. BISHOP] is recognized for 5 have witnessed in the last few days. We Judicial Committee's alma mater. It is minutes. pray with the families of these victims hard for me to find the crime-fighting Mr. BISHOP. Mr. Speaker, on that they will find peace everlasting aggression there, but it must be. But if Wednesday, August 10, more than 500 and that we will work for peace in our you look at the weaknesses of the bill, law officers from two States came to own communities on earth. and that is all I have time to point out my hometown to pay their last re- at the moment, none of the prison spects to a Columbus, GA police officer funding in the bill must be spent for who was gunned down in the line of COMMON SENSE AND THE CRIME prison construction or operation. There duty. BILL is over $8 billion of prison construction Early that Sunday morning, officer The SPEAKER pro tempore. Under a money in the bill, $1.8 billion of it is Ed Osborne, a 31-year-old, 4-year vet- previous order of the House, the gen- money to alleviate the cost associated eran of the force, made what originally tleman from North Carolina [Mr. TAY- with incarcerating illegal aliens, so it appeared to be a routine pickup of two LOR] is recognized for 5 minutes. is not directly construction for new youngsters violating the local curfew. Mr. TAYLOR of North Carolina. Mr. prisons. But even if you take that re- As officer Osborne took the young men Speaker, I am here again tonight to maining, a little over $6 billion, none of home, a gunshot shattered through the talk about the crime bill and the area that has to be spent for funding prison back of his head and took his life. A 15- of common sense. construction or operation. year-old stands accused cf murder and Some months ago we did a special Then we look at the truth in sentenc- officer Osborne leaves behind a widow, order on the area of deception, pointing ing law. The conferees' bill conditions two children, his parents and other out what many times this body passes as much as 40 percent of the so-called family members. Officer Osborne is the is nowhere close to what the advertise- prison funding on States' implementa- 23d member of the Columbus police ment and the press headlines are about tion in the truth in sentencing and this force to be killed in the line of duty. that particular piece' of legislation. I is what we are talking about in trying In his eulogy, the Reverend Creede recalled, for instance, the $8 billion to get sentences carried out rather Hinshaw of the St. Mark United Meth- that was supposed to be spent for than parole or pretrial release. But odist Church said: earthquake relief for Los Angeles and they merely have to make progress to- in sentencing, A hero is a person who wears a uniform and all the hype that was given for the ward that goal of truth drives a patrol car through the streets * * * earthquake relief for Los Angeles. All that is, completing sentences. They do who after the city has gone to sleep and after of us felt a great deal of concern about not have to really serve the time that the parents care no longer, is there to take the victims of the earthquake, and that they are given. two juveniles home after curfew. $8 billion was passed. Then we found I think most people in this country I would add to that: want those sentences served, or at that almost $4 billion of it turned out A hero is a legislator who sets aside politi- to not even be close to Los Angeles, least the great portion of them served, cal wrangling to provide the necessary pro- nor even close to a rumble of an earth- and this bill does not do it. tection for police officers who risk their quake. It went to Arkansas and West [ 1910 lives each day and night and for the people that legislator serves. Virginia and various other places. I Then, last, we talk about the funding think one television network did, 3 for the 100,000 police officers that has As Members of the House continue to weeks later, a special on that pointing been touted so much. In the first place, send smoke signals with this bill, we out how much pork had been rushed in that money has already been appro- are wasting precious time posturing under the guise of being earthquake re- priated this year. It is coming back and playing politics with a crime meas- lief for Los Angeles. from conference. It appropriates $13,000 ure of life-saving importance to each We are finding it here again in the per officer, one shot, $13,000. and every individual and neighborhood crime bill, or the so-called crime bill. Most law enforcement agencies say in this Nation. This is not a measure to Most of us in this country are seriously that it will take close to $70,000 to put be used as a platform on which we concerned about crime. The gentleman policemen on the street. So this $13,000 should campaign or attempt to weaken who just spoke before me gave evidence will go toward that $70,000, and from the President. This is not a bill we can of a tragic situation where a police of- then on the local police have to pick up afford to withhold from the people for ficer had been killed and a citizen be- the cost. even just one more day. As we waste fore that police officer had been killed The past chairman of the National this precious time posturing and poli- and I think all of us sympathize with Sheriffs Association, a Democrat, has ticking, we risk losing more officers the family of both of those victims, and said, and he is in a metropolitan coun- like officer Osborne. And we risk losing we sympathize with victims all over ty, he does not intend for his office to to our crime-plagued streets more 15 the country. But we need to point to- use that process because first of all it year olds like the one in the back of his ward what counts. provides no equipment. Second, it is patrol car by not banning the sale of If you read a recent article in the Na- too bureaucratic, and third, it provides handguns to minors who will take tional Review, they did a several-page $13,000 and then leaves them in the somebody's life and at the same time study on the way we are releasing vio- county in a lurch for the policemen subject his own to a life of imprison- lent criminals. In fact, they pointed they may need, and if they had the ment. out nationally almost one-third of all funds they would already be putting Are the lives of the people we are violent crimes are committed by crimi- the policemen on the streets, and sent here to represent not sacred nals on parole or pretrial release. They $13,000 is such a small impact it will enough to set aside the status quo of pointed out the shortness of time one hardly pay for the bureaucratic trouble political posturing and politicking for gets for murder, the shortness they get of the national grant. This is from the this life-saving package that will also for violent crimes such as assault or National Sheriffs Association, the past restore safety and sanity to the streets automobile theft or breaking and en- chairman, a Democrat. of America? 22892 CONGRESSIONAL RECORD-HOUSE August 17, 1994 This is the first bill of its kind, Mr. fact, I don't know whether to be angry We all know that this bill or any Speaker, to evenly distribute funds for or elated. These are the type of pro- other bill is no panacea. Congress will punishment, more police officers, and grams we democrats have been defend- never be able to fashion a bill that prevention programs. It is the first ing for the last week when in fact they completely obliterates crime, but a anticrime bill to come this close to be- are bipartisan proposals. comprehensive approach to crime coming law in 6 years. A balanced ap- Now is the time for Republicans to fighting is our only shot at making a proach that evenly provides protection come out from under the Rocks where difference, and this bill attacks crime and prevention approaches already they have been hiding-while their from many important angles. leadership has allowed but a few of tested on the streets will, I am con- O 1920 fident, help us reclaim our streets and their leaders to speak their untruths- win the war on crime and is worthy of and accept and endorse the programs First, the bill would put an addi- our approval. they have in fact supported and now tional 100,000 police officers on the Nevertheless, some Members, par- run from. streets of America. For my home State ticularly from the other side of the Republicans not only will accept pre- of Wisconsin, that translates into an- aisle, have attacked this bill-claiming ventive measures like midnight bas- other 2,000 cops walking the streets. It its preventive measures are nothing ketball, Mr. Speaker, in fact they have is plain and simple, more police on the but pork. proposed them. However, rank and file beats means safer neighborhoods. We For instance, the minority leader, Republicans can only support them all know that. Mr. MICHEL of Illinois, just last week when their leaders unshackle them Second, the bill increases penalties called this measure, and I quote "an from silence and allow them to speak for violent crimes and puts repeat vio- unholy trinity of pork, posturing, and for and embrace what they know is lent offenders behind bars for life. The partisanship." right. To remain muzzled so as to gain "three strikes and you are out" provi- During their rounds on this week- political ground and attempt to cripple sion counts State crimes as the first end's network talkshows, we heard Re- our President at the expense of our two strikes, thereby expanding the publicans blast as pork the prevention communities, constituents and law en- number of criminals the law covers. programs such as midnight basketball, forcement officers is wrong. Repub- The crime bill toughens penalties for and gang prevention grants, which I licans, take off your muzzles. Come out gang activities and drug crimes. thought-based on what I was hear- and publicly support these preventive Third, the bill bans the sale and man- ing-were nothing but partisan propos- measures you have proposed. ufacture of military assault weapons. I als put forth by Democrats. Crime is not a partisan issue. Safe have heard the claim that the second But what is odd, Mr. Speaker, is that communities free from crime and drugs amendment rights are being violated, the Republicans, in their malicious at- are nonpartisan, and I call on Demo- but there is no doubt in my mind that tempt to divide this House and sink crats and Republicans alike to pass following enactment of this law all the this proposal, favored these programs this crime bill and restore sanity and citizens of the United States will re- less than 1 month ago. security to our streets in the name of main free to exercise their right to Let's look at the facts. Title 10, sub- Officer Osborne and even the life of the bear arms. The second amendment does title E of the Republican anticrime 150-year-old whose life is now lost to not give anyone the right to have a big proposal offered just last month called life imprisonment. fighter jet parked in their driveway or for $128 million for, and I quote "sport- a nuclear sub in the backyard pool. ing and recreational equipment * * * THE CRIME BILL I come from Wisconsin where hunting inte- meals * * * an initial basic physical The SPEAKER pro tempore. Under a is very important. In fact, it is an * * * examination * * * first aid previous order of the House, the gen- gral part of the history, culture, and and nutrition guidance." The same tleman from Wisconsin [Mr. BARRETT] economy of my State. I have heard subtitle calls for even more money for, is recognized for 5 minutes. claims these weapons are needed for and I quote "supervised sports pro- Mr. BARRETT of Wisconsin. Mr. sport. I have studied this bill carefully. grams." Speaker, I will vote in support of the I believe it will not prevent hunters And there's more. The same section crime bill because it is the right thing and sportsmen from engaging in legiti- of the Republican's anticrime proposal to do, and I urge my colleagues to re- mate hunting pursuits. calls for, and I quote "sports spond to the pressure and support this With over 650 weapons specifically mentoring and coaching programs in bill. exempted by name in this legislation, I which athletes serve as role models for I am not talking about the pressure am confident there remains ample op- juveniles to teach that athletics pro- exerted by the President. I am not portunity for hunting and sport. vides a positive alternative to drug and talking about the pressure exerted by I have also heard the claims this pro- gang involvement." lobbyists or special interests, and I do vision will do nothing to reduce crime. First, I want to applaud my col- not mean the political pressure wheth- While these weapons make up less than leagues on the other side of the aisle er passage of this bill will be good for one-half of 1 percent of the firearms in for including these preventive pro- one's reelection. Anyone who makes a this country, they account for 8 per- grams. These initiatives show that decision on this bill based on those cent of the firearms that can be traced Democrats and Republicans are in fact pressures does not deserve to be back to crimes. The weapons prohibited on a more common ground than the here next year. under this measure are military weap- public seems to have been hoodwinked I am talking about the pressure we ons. They are not designed as toys. into believing in terms of finding solu- should all feel because there are kids They are not designed for sport. They tions to the problems that confront dying in violent ways in the streets of are designed with only one purpose in America's youth. However, this lan- my hometown in Milwaukee and on mind: killing people. guage runs contrary to this "trilogy of streets throughout our country. Mem- I talked to a constituent in my office pork" pontification we heard preached bers of Congress should feel the pres- recently who is opposed to the ban on by Republicans throughout the past sure because the people of our country assault weapons. He said the number of week. Sporting and recreational equip- sent us here because they have faith in crimes committed with assault weap- ment? Supervised sports programs? our ability to get something done. ons is statistically insignificant. I told Sports mentoring and coaching pro- They did not send us here to use every him to look in the eyes of a woman grams to teach that athletics provide a procedural trick in the book to stop whose husband had been killed by an positive alternative to drug and gang progress on the one issue they have assault weapon, a police officer near involvement? The creation of boys and said is most important: to safely walk our home, and tell her that her hus- girls clubs in public housing? Sounds the streets at night and to feel safe in band was statistically insignificant. He like midnight basketball to me! In their homes. could not do so. August 17, 1994 CONGRESSIONAL RECORD--HOUSE 22893 Fourth and finally, this bill also THE CRIME BILL: PREVENTION Ms. FURSE. Mr. Speaker, will the funds important crime prevention pro- PROGRAMS ARE NECESSARY gentlewoman yield? grams. We have heard a lot in this The SPEAKER pro tempore. Under a Mrs. CLAYTON. I yield to the gentle- Chamber about the basketball pro- previous order of the House, the gentle- woman from Oregon. gram. I will tell you that I think the woman from North Carolina [Mrs. Ms. FURSE. Mr. Speaker, I thank the basketball program is a good program. CLAYTON] is recognized for 5 minutes. gentlewoman for yielding. When I look at basketball and what it Mrs. CLAYTON. Mr. Speaker, as we Mr. Speaker, yesterday I looked into can do for young people or any other debate the crime bill, it is critical not the eyes of two people whose loved ones sport, for that matter, I think it can to lose sight of the purpose-to act were gunned down by a madman with provide positive outlooks. upon the causes as well as the effects of an assault weapon. Mr. Speaker, we crime. need a strong crime bill. I recently held a youth summit with I would like to ask people: Do not lis- asked This crime bill is not a perfect bill the youth in my district and ten to the talk-show hosts. What do them, as the experts on what we could and there are things in this bill that I do not support-such as the 50 addi- they know about law enforcement? do for them, what they recommended. What do they know about crime pre- posi- tional death penalty offenses, the three What they told me is they need vention? Do what I do, talk to the ex- tive outlets for their energy. They need strikes and you're out; and the omis- sion of the Racial Justice Act. But in perts, the police chiefs, the sheriffs of positive things to do where they can the First District of Oregon. They sup- work with other teens, and if you look spite of these limitations this bill has value for the American people and port this crime bill. Listen to those at a team sport like basketball or base- who dedicate their lives to protecting ball or football or any other team their communities; it includes law en- forcement, jail construction, stricter our communities. sport, I look at that sport and it teach- I ask my colleagues, let us not pos- es teamwork. It teaches hustle. It sentencing, and prevention resources. Some of my colleagues would have ture on this bill. Let us legislate. That teaches determination. It teaches ef- is what we are paid to do. fort. It teaches a young person the you believe that the only way to fight value of winning, and it teaches a crime is to build more jails and more young person that they can get up jails. We do need more jails and at the O 1930 after losing and go on. rate we are preventing crime-we will need many more jails, more jails than HEALTH CARE REFORM: REMARK- In my mind those are all-American the Federal budget can support. ABLE EROSION OF SUPPORT values that I think we should be push- It is all well and good to spend the AMONG MIDDLE-INCOME AMERI- ing as hard as we can so that the young taxpayer dollars upon construction CANS people in this country learn how to programs for additional prison space The SPEAKER pro tempore (Mr. work with other young people. For me nationwide to house those already con- FARR of California). Under a previous that is very important. victed of a crime. However, some on order of the House, the gentleman from The United States has a higher incar- the other side of the aisle would have California [Mr. Cox] is recognized for 5 ceration rate than any advanced nation you think that all prevention programs minutes. in the world. That tells me that the an- are pork, frivolous and unnecessary, Mr. COX. Mr. Speaker, there has been swer to our crime problem goes beyond but why should prisons be the only a remarkable erosion of support among just tougher penalties. It tells me there beneficiaries of the Federal funding ap- middle Americans, that is to say Amer- is something fundamentally wrong propriated through this legislation? icans of middle-income, for the Clinton with the way many of our children are I do not believe that tack to be in the health care bill and for the Clinton growing up. best interest of the Nation. The cost- health care bill in its legislative form in the other body, where it is the Clin- Again, we have to provide ways to benefit analysis reflects that the smart and in the House, prevent them from committing crimes and prudent legislator should support ton-Mitchell bill, where it is the Clinton-Gephardt bill. in the first place, and by having pro- prevention programs because they give The same phenomenon occurred last grams like the basketball program we the most bang for your buck. It costs year during consideration of the Clin- can do so. the State of North Carolina over $24,000 a year to incarcerate a prisoner while ton tax bill. During the 1992 campaign Many of these prevention programs it costs the Federal Government over as a candidate he talked about middle- are designed to provide positive alter- $20,000 dollars per year to incarcerate a class tax cut, but in fact we know how natives for our youth. Included in these prisoner-that $20,000 is more effec- quickly that evaporated once we got programs are education, job training, tively spent, I feel, in efforts to keep down to brass tacks. Instead this Con- drug treatment, mentoring, and recre- our youth from becoming criminals in gress pushed through the biggest tax ation initiatives. These activities do the first place through educational pro- increase in American history, one that not coddle criminals at all. Rather, grams, training programs, after school directly impacted the middle class, for they seek to prevent children from programs, boot camps, and recreational example, seniors receiving Social Secu- growing up and becoming criminals. programs, including basketball leagues rity making $14,000 got a 70-percent ef- We owe it to the American people to during the day as well as the evening. fective rate increase on their Social pass a crime bill. What higher respon- Given the rate of construction jails- Security benefits. That is how much sibility do we have here than to work that seven billion dollars designed for their income taxes went up on Social together to improve the safety of prevention only goes so far-it will Security benefits. American families? only pay to incarcerate 350,000 people- a finite number-the funds, if spent on I respect the right of Members of prevention programs, have the poten- That record-breaking tax increase Congress to disagree with some of the tial to reach millions more of Ameri- passed by the Congress will pale in provisions of this bill. I don't agree cans-as well as to make them produc- comparison to the Clinton-Gephardt with everything in it either. But Mem- tive members of society, free, contrib- bill that we are likely to take on here abdicate bers of Congress must not uting to their Nation-not in jail, sup- in the House, although it is difficult for their responsibility to work together ported by society. Thus, I believe it is us to talk about it as Members of Con- to put new Federal laws on the books in our Nation's best interest to reach gress because while we have looked at that put criminals out of business. out and help as many young people as the press releases and press statements Let's stop playing politics with the we can, and that is through prevention about the bill, we are still waiting, we crime bill. Let's show the American programs. are still waiting for a bill even though people we can work together to get we are just days away from adjourn- something done for them. ment. And the Congress hopes to act on 22894 CONGRESSIONAL RECORD-HOUSE August 17, 1994 health care before we adjourn. But we the employer and 20 percent by the in- Mario Cuomo, the police commissioner do not have a bill. The Congressional dividual. So 20 percent of these new of New York City, William Bratton, the Budget Office has not been able to give taxes will come directly out of the pay- U.S. attorney for the southern district us an estimate of how much precisely check of the American worker. There of New York, Mary Jo White and my in the way of new taxes the bill con- will be far more bureaucracy in this colleague CHUCK SCHUMER, to urge the tains and precisely how much in the plan because for a substantial part it is House to pass the omnibus anti-crime way of new spending the bill contains. going to rely upon something called bill with the ban on assault weapons. We simply have not read it. This is Medicare Part C. Medicare Part C is, in I want to congratulate President more than a trivial point. Health care effect, a Government-run insurance Clinton and Attorney General Reno for comprises one-seventh of our Nation's plan that will extend, together with their strong fight to pass the crime economy. It is also on a more personal the existing Medicare program to over bill. level a matter of life and death for half the entire population or to about Clearly, in New York and across the every American. One would think that half the entire population, according to country, guns and crime are out of con- a new health care plan prescribed by our best estimates. Half of the Amer- trol. the Federal Government for the whole ican people at that point will be get- Most New Yorkers have feared for country would therefore be the most ting their health care from a Govern- their lives at one time or another. carefully studied document since the ment plan, as compared to the current A few years ago, three armed thugs Constitution. But instead when, as, and system. broke into my home, physically at- if this Congress and House get around The more Americans learn, it seems tacked my daughter, my husband, and to seeing and voting on a bill, we are the more likely they are to realize that me. going to find that Members have not instead of providing Americans with We escaped that attack with our had a chance to read it, that in fact greater health security the Clinton/ lives. when we vote Members will know more Gephardt plan, Clinton/Mitchell plan Others have not been so lucky. about O.J. Simpson's blood type than over in the other body, and whatever Many of us remember all too well the they will about the content of our own congressional cousins are aboard or are horrible attack on religious leaders health care legislation. But we operate just now being written in so many dif- driving across the Brooklyn Bridge. necessarily in an environment of un- ferent staff offices, will create greater This attack was carried out by a certainty. We do not have a bill, but we uncertainty, especially for middle-in- crazed man with an assault weapon; a must debate what it is we anticipate come Americans. Middle-income Amer- weapon that the crime bill would ban. because after all the vote will be upon icans will pay more in both taxes and Crime is so bad that one of New us and that will be it and we will have health care premiums for less in both York's daily newspapers publishes a an election. We must adjourn at some taxes and health care premiums for daily count of how many of our citizens point, and that point is arriving rather less in both quantity, availability of were shot and killed the day before; 621 quickly. health care and the quality of that have been gunned down this year: 5 Why are people skeptical of what care. Why will they be paying more in people were killed on Monday. One was they have been seeing? The Heritage premiums? We discussed why they pay a 13-month-old infant shot to death Foundation did an analysis of the Clin- more in taxes under the Clinton/Gep- while he slept in his mother's arms. ton-Gephardt bill as it was released. hardt bill, why pay more in premiums, But last week, the House turned a What they found is that the new taxes, because of the community rating sys- deaf ear to those victims and their and there are many of them in the tem. That is where factors like age families by rejecting the Federal crime Clinton-Gephardt bill, would amount cannot be taken into account. Senior bill on a procedural vote. to S42.6 billion in the first full effective citizens incur about 4 times on average The crime bill contained more than year of the plan in 1999, on top of the in the way of health care costs as $30 billion in Federal aid to localities current costs on the system. People younger working Americans. If you are to fight and prevent crime. who are saying these new taxes are under 45 years old, you will have a After 12 years of declining Federal only going to displace existing health steep increase in your health care pre- aid to the cities under previous admin- care costs or somehow limit the growth miums under a community rating sys- istrations, this crime bill is undoubt- of health care costs must face this fact; tem. So for all Americans under 45 edly one of the best pieces of Federal $42.6 billion in new taxes will be im- years old, the Clinton/Gephardt plan, legislation for my city in more than a posed by the Clinton-Gephardt health the Clinton/Gephardt health care plan, decade. care bill on top of our current esti- is going to represent a big increase in And I want to congratulate Mayor mates for how much the existing sys- premiums on top of the payroll tax in- Giuliani, who was here in Washington tem is going to cost. crease. It is not surprising then that today to fight for this bill, for rec- Now, the average additional tax bur- the strategy of the Democrat leader- ognizing that there is no Republican or den per individual as a result of the ship is to, in the words of Senator Democratic way to fight crime. Clinton-Gephardt bill, according to the ROCKEFELLER, pass health care regard- Thanks in part to the mayor's input, Heritage Foundation is $430 per indi- less of the views of the American peo- the crime bill would provide millions of vidual on average. The Clinton-Gep- ple. I would hope we would not handle dollars to upgrade police equipment hardt bill unquestionably is going to it that way. I do hope instead of a leg- and computer systems and pay for offer Americans less choice. It does not islative version of blindman's bluff we overtime costs. This will allow more quite do justice to the fact to say less, will get at least 30 days to read any cops to get out from behind desks. almost none compared to what pres- health care bill that will come forth for The crime bill will provide millions ently an insured American has avail- a vote. for new prison construction. This will able. ensure that the bill's truth-in-sentenc- Congress and the Federal Govern- ing provisions can be enforced so prison ment are going to prescribe a standard DO NOT CHANGE THE CRIME BILL will not be a revolving door. health care plan. And that is going to The SPEAKER pro tempore. Under a The bill will root out crime with pre- be the norm for the country, like it or previous order of the House, the gentle- vention programs, including keeping not. If your existing plan is different woman from New York [Mrs. MALONEY] schools open after hours and on week- than the standard plan, if you continue is recognized for 5 minutes. ends, and providing job training and to get those benefits, you will pay a Mrs. MALONEY. Mr. Speaker, yes- job creation in high-crime areas. tax, not only will you pay a tax but terday, I was privileged to stand side To fight domestic violence, the bill your employer will pay a tax. The new by side in New York City with the At- will fund the Violence Against Women taxes imposed by the Clinton-Gephardt torney General of the United States, Act. Right now, if you assault a strang- bill are going to be split 80 percent by Janet Reno, the Governor of New York, er, you go to jail. If you assault your August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22895 spouse, you get therapy. The Violence I am sure that those who voted from Ohio [Mr. FINGERHUT], the gentle- Against Women Act brings an end to against the rule had their reasons. The woman from North Carolina [Mrs. this backward system. It provides new American people should make the dis- CLAYTON], the gentlewoman from Cali- Federal penalties for interstate spousal tinction between those who voted fornia [Ms. ESHOO], the gentlewoman abuse and stalking. against the rule out of moral objection from New York [Mrs. MALONEY], and And it includes provisions to train to the death penalty and those who the gentlewoman from Oregon [Ms. the police in how to deal with domestic voted against the rule out of fear or FURSE]. I would also like to take a mo- violence. partisan politics. ment to congratulate the gentleman Out of 178,000 radio calls to the police The forces that have kidnaped the from Texas [Mr. BROOKS], the gen- relating to domestic violence, less than crime bill threatened individual Mem- tleman from New York [Mr. SCHUMER], 7 percent result in arrests. bers where it hurts the most, in their Chairman BIDEN and all of the Repub- Clearly, we need to train our police bid for reelection. There were threats licans who worked in good faith to pass better then we have been doing. This to cut funding and run real Repub- this crime bill. This hour has been crime bill will accomplish that goal. licans against any that voted for the dedicated to the young people and their The bill will fund model intensive rule. The American people need to parents, to the policemen and to all grants that enable high-crime areas to know that the crime bill is being held Americans who live every day and implement comprehensive and inten- hostage by the propaganda of partisan night in fear and who merely want to sive anticrime efforts. politics. feel safe once again. The bill requires mandatory drug The kidnapers' ransom note says Mr. Speaker, America deserves this treatment for prisoners; almost every. that they want to cut the prevention crime bill. We encourage our col- expert agrees that drug rehab dras- money that goes to programs like mid- leagues to hear us, to hear the pleas of tically reduces the number of repeat night basketball, gang prevention average, ordinary Americans and pass offenders. grants, and other programs that get at this crime bill. The bill requires drug courts for non- the root causes of crime in our young people. The kidnapers believe that the violent drug offenders, freeing up court THE HEALTH CARE BILL space for trying violent crimes. only way to solve crime in America is The bill creates local partnership after the fact. In other words, a crime The SPEAKER pro tempore. Under a grants that will provide Federal sup- has to be committed and that person be previous order of the House, the gen- port for the unique, successful pro- caught before anything can be done. tleman from Minnesota [Mr. RAMSTAD] grams developed by each community to The ransom note should read, "We is recognized for 5 minutes. combat crime within its jurisdiction. don't want children to have a book or Mr. RAMSTAD. Mr. Speaker, even though This is not pork, it is prevention. basketball in their hands. They should the official debate on health care has not And those who refuse to distinguish be- have an Uzi or an AK-47 instead." begun in the House, it is extremely important tween the two are engaging in the most By delaying this crime bill the spe- to provide the American people with as much cynical kind of politicking. cial interests have done more than put information about this legislation as possible. American families and businesses will expe- Mr. Speaker, some people say that our children at risk. They have kid- the crime bill needs to be changed so naped the Violence Against Women rience a dramatic change in the way they re- ceive and pay for health care if the Clinton/ that it will pass. Act, the child pornography provisions, Gephardt bill is adopted. Some have suggested stripping the rural drug enforcement grants, the death penalty provisions, 100,000 new Despite claims by the Clintons that their pro- assault weapons ban out of it. I say no, posal-reincarnated in the Clinton-Gephardt a thousand times no. It is a travesty police officers, and the prevention pro- grams. As many as 100,000 new police package-is designed to help middle-income that a narrow special interest, far out people, a commonsense analysis of the plan of step with the will of most Ameri- officers will be the first line to prevent crime. Police Chief Dan Norris of the shows that is simply not true. cans, is able to block this provision. If In fact, instead of improving Monticello Police Department wrote to the health in- this Congress is unable to take assault surance and financial health of middle-income weapons off the streets, then we should me about the need for additional police officers to help turn the tide of the families, the Clinton-Gephardt bill provides ex- fly the white flag of surrender over the coverage for a rel- drug war in Jasper County. What am I pensive and inefficient Capitol dome instead of the Stars and atively small number of people, charging hard- Stripes. to say to Police Chief Norris and my constituents that live in the crossfire? working, middle-income Americans for the I think this bill does not need to massive program. change. It is Congress that needs to Sorry, your policemen have been kid- As economist Martin Feldstein noted in a re- change. naped? cent Wall Street Journal column: There has been a lot of talk about It would be a crime to vote against If President Clinton really wanted to help it. this crime bill being a social spending middle-Income people, he would focus on the bill. Let us look at the facts and let the health insurance issue that he knows is its American people decide: 72 percent of primary concern: the ability to maintain ex- 0 1940 the money in the crime bill will go to isting coverage after a job change or the loss police and prisons. Another 13 percent of an employed spouse. PASS THE CRIME BILL goes to programs like the violence Instead, the Clintons and the Democrats in The SPEAKER pro tempore. Under a against women and drug courts. The Congress have devised a system that forces previous order of the House the gentle- prevention programs add up to less the employers of middle-income Americans to woman from Georgia [Ms. MCKINNEY] is than 15 percent of the entire bill. So, provide costly insurance policies designed by recognized for 5 minutes. contrary to the Republican line, this Congress or Federal bureaucrats. Ms. McKINNEY. Mr. Speaker, the bill is not laden with pork. This bill is Imposing this implicit payroll tax on employ- crime bill has been kidnaped. The carefully crafted with an ounce of pre- ers and employees will hit small businesses- toughest, most balanced plan this Con- vention and pound of punishment. which shouldered the bulk of the Clinton tax gress can pass has been hijacked and Now I would like to thank the Mem- hike last year-especially hard. held hostage by the special interest bers of the freshman class of the 103d It does not matter whether employer man- terrorists. I want to take this oppor- Congress for joining me here tonight in dates are employed now or triggered at some tunity to salute the brave Republicans support of the crime bill. I would like point in the future-they are wrong. who stood up to an enormous amount to thank the freshmen who partici- Even with employers paying 80 percent of of pressure from the NRA and from pated in this series of crime bill special premium costs, employees will be left to pay within their own ranks. They put par- orders: The gentleman from Georgia substantial premiums out of their own pockets tisanship aside and did what was right [Mr. BISHOP]. the gentleman from Wis- because the plan mandates such a benefit- for this country. consin [Mr. BARRETT], the gentleman rich health care policy. 22896 CONGRESSIONAL RECORD-HOUSE August 17, 1994 For the typical married couple, the required to receive less. But, that is just what Falls, Canada. Mr. Anders was unfortu- out-of-pocket premium would be S872 a year. will happen under the Clinton-Gep- nate enough to have had a small stroke The administration itself has acknowledged hardt plan to "reform" our Nation's during his stay there. He went to the that more than 40 percent of Americans could health care system. In fact, this at- local emergency room but, he received face higher out-of-pocket premiums under the tempt to expand coverage to the 15 per- no treatment or care in this Canadian Clinton plan than they do today. cent of Americans who are uninsured, emergency room where he was left The high-priced benefit package that the will leave the vast majority of Ameri- alone in seizures totally unattended for Clinton-Gephardt will would force all Ameri- cans who already have insurance cov- over 4 hours. You see, the hospital had cans to buy would also reduce wages as em- erage far worse off. These Americans, more patients than beds and was ex- ployers would be forced to find a way to cover largely referred to as the middle class, tremely understaffed. Upon finding out cost of the more expensive plan. will pay more for less care, less choice, that he was an American, a doctor ad- But as study after study has shown, the im- and less quality under the Clinton-Gep- vised Mr. Anders that he could be pact on middle-income workers will not end hardt proposal. transferred to the United States where with lower wages. A recent JEC compilation of By requiring employers to pay for up "they have good health care." In my studies shows that an employer mandate-like to 80 percent of their employees' health view, and the view of Mr. Anders, the the one the Clintons are trying to sell the insurance premiums, the Clinton-Gep- United States doesn't have a crisis in American people-will kill jobs outright. hardt bill posses an enormous eco- health care, Canada does. While the studies vary widely in their meth- nomic threat to the middle class. Let's Mr. Anders says this in his letter: odologies and assumptions, they all point to be honest. Employees don't get a free I think every liberal that wants a single massive job loss. According to the survey, ride when employers are forced to pay payer system should spend a night with a stroke in a single payer system. those at greatest risk of losing their jobs are for benefits they can't afford. As em- low- and middle-income workers. ployers struggle to pay for yet another Mr. Speaker, clearly the President The cost of the proposal-seen in both costly government mandate, they will and the democratic leadership are out lower wages and higher out-of-pockets reduce wages for middle-class workers of touch with middle-class Americans. costs-will hit young Americans just entering and raise prices for middle-income con- These folks don't want to pay more to the work force and those beginning families sumers. receive less choice, less quality, and particularly hard. While the middle-income Americans less care. They want health care secu- Mr. Speaker, instead of adopting a jobs-de- and hardworking employers pay more, rity so that they can keep the care stroying, government-controlled health care low-wage firms and low-income em- they already have. ployees will be subsidized under the Fortunately, there are alternatives plan, we should enact meaningful reform to the Clinton/Gephardt bill. These pro- which includes malpractice reform, a reduction Clinton-Gephardt plan. Low-income workers might be better off, but the posals, including Republican and bipar- in administrative costs through streamlining tisan bills, address the real needs of and eliminating unnecessary duplication, and middle class will pay for it in the form of lower wages and increased taxes. Is Americans, making health care and relief from many of the burdensome State health insurance more affordable and this the reward for working hard and mandates. ensuring that coverage can never be To expand access, we need to equalize the playing by the rules? We want to re- store the American dream, not tear taken away due to illness or a change tax advantages of buying insurance, provide in jobs. Consumers will continue to down what's good and right and honest. tax credits for low- and middle-income tax- have choice and quality without new payers, and vouchers for the very poor to pur- Not only will the middle class pay more for their own coverage and the taxes, without increased bureaucracy, chase insurance. or without rationed care. In addition, everyone should be allowed to coverage of others, they will get less. save, tax-free, for future medical expenses. The Clinton-Gephardt bill will restrict Through a medical savings account, individ- choice for middle income Americans, THE BUDGET SHOULD BE uals and families could save for minor medical requiring every person regardless of BALANCED costs such as annual checkups and minor ill- age, sex, and income, to purchase a The SPEAKER pro tempore. Under a nesses and purchase a catastrophic insurance one-size-fits-all, government-defined previous order of the House, the gen- policy for major expenses. benefits package. That means the Gov- tleman from Georgia [Mr. KINGSTON] is Mr. Speaker, as we begin the debate on this ernment will force even those Ameri- recognized for 5 minutes. critical subject, we must keep in mind our cans who are happy with their insur- Mr. KINGSTON. Mr. Speaker, the overriding goals. ance coverage to pay for benefits they budget should be balanced, the treas- Instead of adopting policies that rob hard- may not want or need. Don't we have ury should be refilled, public debt working middle-income Americans through enough bureaucracy? Our Government should be reduced, the arrogance of of- higher taxes and premiums, we need to act is already to big and spends too much. ficialdom should be tempered and con- responsibly to give all Americans security and Why are we even considering allowing trolled, and the assistance to foreign work to expand coverage to those who do not it to expand? lands should be curtailed, lest Rome have it, without jeopardizing the quality of care Perhaps most troubling is that the become bankrupt. now available. middle class, and all Americans for These words were written by Cicero that matter, will be forced to accept a in Rome in 63 B.C. Yet today they still reduced quality of care under the Clin- are instructive to the United States ton-Gephardt bill. You see, their bill Government. And I would like to tell would place a limit on the amount that you that I am an intellectual erudite O 1950 Americans can spend on health care, who reads these kinds of things in his including medical and pharmaceutical spare time, rather than Michael HEALTH CARE REFORM AND THE research and development. Simply MIDDLE CLASS Crighton and Tom Clancy, but I do not stated, there will be less money avail- want to say that. The SPEAKER, pro tempore (Mr. able to provide more medical care to This letter was sent to me by a man FARR of California). Under a previous more people. In order to pay for the in- named Thomas McCaw, of Corpus order of the House, the gentlewoman creased demand, the middle class will Christi, TX. And why a gentleman from from Ohio [Ms. PRYCE] is recognized for be forced to spend more and receive Texas would be writing a Representa- 5 minutes. less. tive from Georgia who he cannot vote Ms. PRYCE of Ohio. Mr. Speaker, Canada's attempt to impose spending for and really in most cases letters like when the American people voiced sup- limits has had tragic results. There are this get thrown away, at first puzzled port for the President's call for health countless stories, but I have in my me. care reform, I joined then but, they hand a letter from one of my constitu- Then when I think about it, I think didn't mean they wanted to pay more ents who recently visited Niagara about the public debt and the country. August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22897 You know, we are elected from one portant, but what I guess is more im- There are no activities at all. If you go district, but we are not elected to rep- portant is the 260 million across Amer- to a public housing project, you might resent that district only. We are elect- ica that will be paying that debt, ei- see an improved situation because we ed, all 435 of us, to represent the United ther. by being forced to or by default or are improving this public housing. But States of America. And the public debt voluntarily. But we as Members of Con- inside you will see a mother trying to is everyone's business. There are 435 of gress need to take the lead. make a home. But on the door will be us who must have a plan, individually padlocks and chains. The kids are ar- or collectively, or in a unified ap- rested at night. proach, to balance this debt and do THE CRIME BILL I just make the point to you that I something about it. The SPEAKER pro tempore. Under a believe with all my heart and soul that Now, Mr. McCaw in his letter said previous order of the House, the gen- we need to build more prisons and we the Roman Empire took four centuries tleman from Connecticut [Mr. SHAYS] need more police. And I argue for that after Cicero's prediction to become is recognized for 5 minutes. and I want it part of the bill. But I just bankrupt. With modern communica- Mr. SHAYS. Mr. Speaker, I would do not see how we can leave out the tions, the USA will require less than like to talk about the crime bill during preventative side of this legislation. four decades. You can stop this by my 5 minutes. I would like to express We simply have got to deal with the matching outgo with income, paying some real concern that in the process young people in these urban areas. off the debt, eliminating your excess of debating this bill, a lot of misin- So there have been tremendous com- expenditures, and eliminating all for- formation has been discussed that has plaints about what is on the preventa- eign expenditures. really I think distorted the issue. Can- tive side. I take strong exception to Well, of course, one of the things we didly, I have tremendous concern that those who talk about it as being pork. debate about is how we spend money in the end what we have been doing is The general public has accepted this is and what is excessive and what is not. bashing up on the cities. more of a pork bill than a crime bill. I think if you go back to his first point, [ 2000 In judgment it is a crime bill with matching the outgo with the income, some strong preventative measures. I one of the things that I have learned as I believe we need a crime bill. I be- just plead for this country to have we debate the budget and the debt is lieve we need to have a strong law en- some sense that we have got to deal that in 1980, the total revenues were forcement component. I believe we with our young children in our urbar about $500 billion. Today I believe they need more prisons. I also believe that areas. are about one million. During that we need a preventative part to this leg- I weep for our kids in our urban time, unfortunately, we have outspent islation. areas. And if this debate is about pork the revenues every year, including this I represent a district that includes and it forgets about the kids in these one, and this one we are going into. some of the wealthiest in the country, areas, one of the things that just Certainly during that. period of time, and ye; it has one of the poorest cities amazes me, it is true, the bill grew by there were Republicans in control of in the country, Bridgeport, CT. A few the time it went for the Senate, from the White House, but the Democrats years ago it attempted to go bankrupt. the Senate to the House to the con- were in control of Congress. The Re- It simply was running out of resources. ference. I mean, it was 27.8 in the publicans and the Democrats had joint And it is coming back from the brink, House. And by the time it came back control of the Senate. and we are real proud of what Bridge- from the conference, it was 33. But I So anybody who says it is a Ronald port is doing. submit that the 33 was not in the pre- Reagan legacy or it is a Bill Clinton But it is really a tale of two cities, a vention side. It is not on the side that phenomenon is fooling his or herself. Fairfield or a Greenwich and a Bridge- it has been accused of having all these This is an American problem. It has port. In my suburban communities, it programs that people, some people, been going on in a bipartisan fashion would be hard for many constituents to particularly in suburban areas, do not now ever since I believe 1969, when we imagine what it is like to raise a kid in want kids in urban areas evidently to had the last balanced budget under an urban area like Bridgeport. During have. President Richard Nixon. the Memorial Day parade, I had the in- I just make the point to you, those We need to deal with this thing. We credible pleasure of marching in the numbers did not go up. What went up are dealing right now with crime, it is parade at. Fairfield, and there were so in the bill from the House to the con- front and center stage, health care is many people on both sides of the ference was 5.5 in law enforcement to center stage. But as we make these de- street. 13.9. What made the bill more expen- cisions, we have to say, OK, the crime It was about 2 miles in length. It was sive was more law enforcement and not bill is good or bad, but we also always just filled with people. And we were at preventative. need to ask who is going to pay for it the beginning of the parade. By the I just conclude by saying that I just and how. time the parade ended and when I had hope in the next day or two we get to Health care, a lot of proposals are on reached the destination, I got to review focus back on how we can deal with the table right now. Some of them call the rest of the parade. It went on for crime both from an enforcement and a for massive new taxes, some of them about 2 or 3 hours. preventative side and what can we do call for cuts in Medicare. But they all The parade consisted of one group of to help our cities. The mayors came call for new spending. children after another: Indian guides, down and they presented their case. As we look at $4.4 trillion and realize Boy Scouts, Girl Scouts, soccer teams, They are in there. They are working that each year we have a deficit we are little league teams, football teams, day and night on these issues. Congress adding to that debt, we need to do the just a plethora of organizations for cannot turn a deaf ear to it. responsible thing and make sure that young people. the centerpiece of every bill that we That would not happen in my city of look at, every piece of legislation, is Bridgeport. There would not be this EXTENSION OF GSP BENEFITS TO how is it going to affect the deficit and kind of community involvement. There BELARUS AND UZBEKISTAN- how is it going to affect the debt. would not be these kind of activities MESSAGE FROM THE PRESIDENT So as we have these important de- for my young kids. OF THE UNITED STATES (H. DOC. bates going right now, Mr. Speaker, I In a town like Fairfield, the young NO. 103-293) thought it was important for us to be children have to decide what not to do. The SPEAKER pro tempore laid be- mindful of our debt, and the people like Their problem is getting overloaded. In fore the House the following message Mr. McCaw from Corpus Christi, TX, a city like Bridgeport, when a kid is from the President of the United and the fact that I have 589,000 people out after 2:30 at school, there is simply States; which was read and, together in the district that I represent is im- nothing for him to do or her to do. with the accompanying papers. without 22898 CONGRESSIONAL RECORD-HOUSE August 17, 1994 objection, referred to the Committee cause that is an important deterrent. had our day. The rule failed, and there on Ways and Means and ordered to be And we also have to focus on preven- has to be some adjustment. The ques- printed: tive kinds of services. tion is, where do these adjustments go? We know, for example, and the gen- I just do not want the whipping boy To the Congress of the United States: tleman represents an urban area, as I to be the programs that are preventa- I am writing to inform you of my in- do, that crime feeds on poverty and de- tive, that are absolutely essential to tent to add Belarus and Uzbekistan to spair. And so when you have an oppor- helping young children have meaning- the list of beneficiary developing coun- programs, ful activities. I cannot emphasize tries under the Generalized System of tunity for good preventive for example, that train young people, enough that our children in our subur- Preferences (GSP). The GSP program the private sector, ban communities have the opportuni- offers duty-free access to the U.S. mar- for employment in gentleman from ties they have to lead constructive ket and is authorized by the Trade Act it seems to me, as the Connecticut has just indicated, what lives, plus in many cases they have of 1974. two-parent families, and in our urban I have carefully considered the cri- the Congress ought to do is move and legislation areas we see a big difference. teria identified in sections 501 and 502 move quickly to pass that and make those resources available to I think both you and I could agree of the Trade Act of 1974. In light of people. that to some measure the welfare state these criteria, and particularly the the American We know that the Federal Govern- has failed us. I certainly think 12-year- level of development and initiation of ment does not have all the answers to olds having babies and 14-year-olds who economic reforms in Belarus and the crime problem. But what we know are selling drugs and 15-year-olds kill- Uzbekistan, I have determined that it is that the Federal Government can be ing each other and 18-year-olds that is appropriate to extend GSP benefits a better partner to local communities. cannot read their diplomas is in part to these two countries. the legacy of the welfare state, but This notice is submitted in accord- I yield to the gentleman from Con- necticut [Mr. SHAYS] for a few addi- that is not something we can solve in ance with section 502(a)(1) of the Trade tional moments of discussion on this this bill. Act of 1974. We have a short-term need to address matter, because what he has done, in WILLIAM J. CLINTON. activities, meaningful, whether they at THE WHITE HOUSE, August 17, 1994. my view, is especially important are employment, recreational, tutorial. this time, as Congress looks to possibly After-school programs in Bridgeport do adjourning for the summer recess, but not exist unless we have some help ANNOUNCEMENT BY THE SPEAKER doing it in a way that ensures that be- from either the State or Federal Gov- a strong PRO TEMPORE fore Congress goes home, ernment. If we have that kind of help, The SPEAKER pro tempore (Mr. crime bill, built on tough deterrence, the gentleman will see many of these FARR of California). Under the Speak- so that those who perpetrate violence young kids who find themselves choos- er's announced policy of February 11, on our streets are dealt with, but also ing to be part of a gang for fellowship 1994, and June 10, 1994, the gentleman a bill that focuses, as the gentleman and protection choosing to reject it. from Oregon [Mr. WYDEN] is recognized has correctly said, on preventive pro- Mr. Speaker, my sense is the gentle- for 60 minutes as the designee of the grams, such as job training that can man's point is well taken. We will not majority leader. get our young people in the private sec- find the perfect bill. In our dreams we tor. will, and we could write it, and prob- I yield to the gentleman from Con- ably our bills would differ, but I would HEALTH CARE necticut [Mr. SHAYS]. just like to see the rhetoric of bashing Mr. WYDEN. Mr. Speaker, I intend Mr. SHAYS. Mr. Speaker, I thank the the municipalities, bashing programs and also to have this evening to focus my remarks on gentleman for yielding that we know are working-and in health care. But before I go to those a bit of a dialog. some cases, we are not creating these I just do not think we can emphasize comments, I just would like to come new programs. They exist. We are tak- that there is almost $14 billion back to the extraordinarily gracious enough ing programs that work. and important statement that we have for what we would call straight law en- Midnight basketball has taken a just heard from the gentleman from forcement, cops on the beat. Policemen great hit. It starts at 9 o'clock. You went up in the House bill to the con- Connecticut [Mr. SHAYS]. cannot participate in these programs ference $5.4 billion. unless you are willing to hear a lecture CRIME BILL The overall bill went up 5.6. It is true from the police chief or a police officer It seems to me that in this time of there was a reduction of about $3.5 bil- or a social worker or someone who really over-heated rhetoric and ex- lion from prisons, but we still left over wants to talk about job opportunities, treme partisanship, what the gen- $10 billion for the construction of pris- getting these young kids to dream. I tleman is really trying to do is heal ons. would like to think that someone and bring together Members of both po- My problem in our State is not the would choose to be in their community litical parties so we can get a good building of prisons right now. It is how with activities, instead of be in jail be- crime bill passed. do we pay to operate them once they cause there are activities there. I think what he has done is excep- are built? We have so many. But we do I really thank the gentleman for tionally important, because I am of the need to make sure that people who are yielding, and also for being so extraor- view that you only get to write a per- sent to prison stay there, and we need dinarily generous, which is kind of the fect crime bill in your dreams. The fact to help local governments as well as way in this House, sometimes. I just of the matter is, we will never have a State governments. wapt the gentleman to know I have crime bill in this institution that is I believe strongly, as I know the gen- tremendous admiration for him and his not opposed from one quarter or an- tleman does, that law enforcement is kindness in having this dialog. other. That is always going to be the essential. Mr. WYDEN. I thank my friend. Let case. me just pick up for a moment on a cou- So what we are going to have to do is 0 2010 ple of the points the gentleman has look to the best in the law enforcement There are some of us who would like made, and continue this a bit. area and put a special focus on more to see the sexual predator bill put back First, Mr. Speaker, I think the gen- police. My community has one of the in, which passed the House, and the tleman is absolutely right about the country's most innovative community issue of rape penalties, which also importance of the sexual predator pro- policing programs. This legislation lets passed both the House and Senate. vision that is being discussed. I think us build on that. We would like to see some reduction many of us are especially concerned We ought to focus, as the gentleman in this bill, because as the gentleman about this. We see these kinds of prob- has, on additional prison space, be- points out, this is not a perfect bill. We lems across our country. They are not August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22899 isolated and rare aberrations. I as a to show up on time and so on, things new, which are working, which are out Democrat am very hopeful that it will that some might just take intuitively there. There just need to be more of be possible to get that addressed in the in your own family environment, you them. bill. pick it up." Mr. WYDEN. The gentleman is abso- Mr. Speaker, I would also like to talk They were amazed with how many lutely right. There is no question that for a moment on the point the gen- young people signed up. There were so effective anticrime programs in the tleman has made about the importance many, there were hundreds of young inner city are a prerequisite to growing of these after-school programs for kids who signed up for this program on businesses. It is not very likely that young people who are at risk and are a Saturday, to come to school. They folks are going to locate or folks are getting involved in gangs. were in school Monday through Friday, going to be willing to put risk capital What we know, and there is substan- and yet they wanted to come to school on the line for expansion if they fear tial evidence on this, is that a lot of on Saturday and do academic pro- that their employees are going to get the young people that are getting in grams, but they also did other things, clubbed over the head when they try to trouble, that are getting caught up in like chess. I have to tell you, one of the come in for work in the morning. the gangs and involved with drugs and great joys was to see this chess team To me, what the gentleman has done violence and sexual promiscuousness play one of the suburban schools and that is so helpful is, first, indicate the and all of the problems that we see our win. It was really precious to see that. desire to help bring the House together young people facing, they go home to It is also touching to see a very well- and heal some of the divisions that we an environment where there is no par- dressed, well-trained suburban football have seen over the last few days, and ent there. Very often these are single- team, and then see one of the urban second, and equally important, simply parent households. You have a parent, schools come and play them. They do set the record straight. for example, struggling very often at not have the uniforms, they do not O 2020 two jobs until 7, 8, 9 o'clock at night. even have a bus. They come in some- Mr. Speaker, at home in my home- times in cars, or in a few vans, and I I was watching one of the CNN shows town, in Portland, OR, the schools get saw a few of these kids after they had yesterday, one of our colleagues was out at 2:30, 3:00, somewhere in that vi- lost pretty badly to the suburban team debating, and the debating partner cinity. You do not have to be a rocket have to hitchhike back to their school said, the majority of money in the scientist to figure out that if the district. crime bill goes for pork and prevention. youngsters have nothing to do between Mr. Speaker, I just have to tell you, It was repeated and it was repeated. So 3 p.m. and 8 or 9 o'clock in the evening I felt so darned guilty with the fact I assume millions of viewers got the when the parents get off work, that that we have allowed this debate to de- sense at the end of the show that this that is an invitation to trouble, an in- teriorate to the point where we are for- was the case and the vast majority of vitation to the kinds of gang activities getting what we are talking about. It is money was spent for prevention. and drugs and violence that the gen- like someone, all they have to do is say As the gentleman knows, more than tleman is talking about. "pork, pork, pork"; they do not have to 70 percent of the money in this bill Mr. Speaker, I am very pleased that document-they do not have to talk goes for the deterrence side of the law he has hammered at the idea of after- about it. They can give people the feel- enforcement effort-police and prisons school programs. To tell you the truth, ing that this bill became expensive be- and assistance to local communities. I would like to see this country go far cause of pork. Mr. Speaker, I hope that folks that further in terms of after-school pro- If they are talking abut why it be- are listening and watching the effort to grams. came expensive, the reason it did was bring Democrats and Republicans to- We have in my district a situation all the enforcement side. I am repeat- gether will also pick up on that figure, where in a number of schools, the stu- ing myself, but the preventative side because I think it is so important. The dents that are doing well, that have stayed at about S6 billion. majority of the dollars in this bill is been lucky enough to come from good Mr. Speaker, I just thank my col- not even open to question in terms of it families and good upbringing, they ac- league for giving me this opportunity being for law enforcement. That is tually stay after school and help the to have more than 5 minutes, because I where the money goes. youngsters that have not been so fortu- needed that, and I just think that those Mr. Speaker, I am happy to yield to nate, help the youngsters with anti- of us who represent urban areas have the gentleman for any comments. drug counseling and things of that na- got to be more willing to speak out Mr. SHAYS. I would just like to ture. I am told by school administra- about this. It is almost like because thank the gentleman for using some of tors that in our district, if they could you don't like to spend a lot of money, his time to discuss health care to dis- have a faculty member even part-time and I vote to cut a lot of programs, we cuss what truly is an extraordinarily to go even further in the after-school have got to be willing to step up here important issue, and to say that who programs that the gentleman is talk- and say "enough is enough." knows what is going to happen in the ing about, that that would save us a We have got to pay attention to what next few days, but I hope in the end our whole lot of money down the road in is happening to our urban areas. We country wins. terms of welfare, public assistance, ju- have got to realize that you need Mr. WYDEN. I think the country can venile justice, these kinds of problems. strong enforcement, you need prisons win if the Members just pick up on the I am happy to yield further to the for people who break the law, and you spirit and the concerns of the gen- gentleman from Connecticut. need preventative activities to get tleman from Connecticut. Mr. SHAYS. You have hit it. In the these kids to be productive members of I came tonight to talk about health city of Bridgeport we have a school society. care. I will spend a few minutes on called Longfellow School. The prin- If I could just indulge a little more that. But I think the country is better cipal, with the community and some of on the gentleman's time. I would like off because we have heard a little bit the parents and some of the adult orga- to say that ultimately I think the solu- more from the gentleman from Con- nizations, set up a Saturday school tion of the cities is not all that com- necticut who is so anxious to bring this program. They were curious. plex. We need to rebuild them, not bail House together and help us get a good They said: "We are going to have them out. We need to bring businesses crime bill. I thank him for participat- some academics and we are going to back into our urban areas so businesses ing. have some more recreational kinds of can pay taxes and create jobs. That is Mr. Speaker, let me turn just for a activities. They might learn karate, what we have to do, but we cannot do few moments to the health issue. I am they might do dancing, but they will that overnight. fortunate also to have the gentleman learn how to look for a job. They will In the meantime, let us start with from Hawaii [Mr. ABERCROMBIE] here, learn skills about why it is important some of these programs, which are not who comes from a State where they 22900 CONGRESSIONAL RECORD-HOUSE August 17, 1994 have universal coverage, where we have the Rowland bill. What the gentleman Under the proposal offered by the seen that it is possible to cover all citi- from Georgia [Mr. ROWLAND] and a majority leader, the gentleman from zens. number of our colleagues on the other Missouri [Mr. GEPHARDT] the Nation's I am going to begin with just a few side of the aisle propose doing in their senior citizens would continue to get comments on the matter of senior citi- bill is, in effect, taking a substantial coverage through the Medicare Pro- zens and how senior citizens fare in the portion of the Medicare trust fund, gram. health reform debate. more than $60 billion, and simply So right away we have a plank that I I think that all of us know, and I spending it on matters unrelated to the think both political parties can sup- have a special interest in this area, elderly. port, there is no need to frighten the going back to the days when I was co- So here we are in a situation where Nation's elderly, no need to tear up the director of the Oregon Gray Panthers we have a very rapidly growing, aging sidewalks and cause confusion, but to at home, we know that Medicare, population, the demographics are re- start, as the majority leader does, by which was enacted in 1965, was just half lentless, we will have many more sen- in effect building on the Medicare Pro- a loaf. It did not cover prescription iors in our country; yet the approach gram. offered by our colleague, the gen- drugs and long-term care and eye- 0 2030 glasses and hearing aids and many tleman from Georgia [Mr. ROWLAND] needs of the senior citizens. In fact, simply takes $60 billion out of the Med- The second part of his effort is to health costs have gone up so dramati- icare trust fund and spends it on unre- make sure that our senior citizens con- cally that now many senior citizens lated matters. Instead of taking the ap- tinue to have a choice of plan with un- pay more out-of-pocket for their health proach that our colleague, the gen- restricted choice of physicians or a care than they did when Medicare tleman from Missouri [Mr. GEPHARDT] managed care program. This too is ex- began in 1965. This is especially the has taken, who wants to find Medicare ceptionally important. This too is case because prescriptions, a substan- savings and reinvest them in long-term something that I think Members of tial number of seniors, millions, pay care and prescriptions, the approach of- Congress of both political parties can more than S1,000 out of pocket each fered by the gentleman from Georgia support, because I think if there is one year for their pharmaceuticals, and [Mr. ROWLAND] takes the $60 billion out thing the American people agree on it millions more need long-term care; of the Medicare trust fund and at the is that senior citizens and others in our cannot even get decent care in their same time offers not one dime for pre- country must have access to a wide- own homes. scription drug coverage and not one spread range of providers. And plank I think it is especially important in dime for long-term care. As far as I can No. 2 that Mr. GEPHARDT pursues in his this health reform effort that any bill, tell, the only reason one would go and legislation is also an effort in my view and particularly the bipartisan bills take money out of the Medicare trust to try to bring together a consensus to which in my view are so critical to get- fund and not use it for prescriptions make sure that seniors are well cared ting this job done right, adequately ad- and long-term care is you basically for. dress the concerns of the Nation's sen- subscribe to the theory that Willie Sut- The third area is the matter of pre- ior citizens. ton gave for robbing banks. As you will scription drugs. Under this legislation The majority leader, the gentleman recall, Willie Sutton said, "That's the majority leader tries to balance the from Missouri [Mr. GEPHARDT], has where we're going to look, because need for concern about cost with mak- taken an approach which I think has a that's where the money is." ing sure that our seniors start getting strong consensus behind it. What the I can see why someone might offer some relief from the skyrocketing pre- majority leader is saying in his ap- that kind of theory, but I think we can scription bills. His proposal would add proach to dealing with the concerns of do better on a bipartisan basis for our approximately $8.50 per month to a the elderly is that there are savings to country's senior citizens, I think we senior citizen's premium so that there be found in the Medicare Program. can do better by our elders who so is going to be an additional cost. But There are areas where we can make the often are getting clobbered by these never again would a senior citizen have program more efficient without harm- rising prescription drug bills, by long- to pay more than a thousand dollars a ing existing Medicare services. What term care costs, and the key to doing year on prescription drugs. the majority leader, the gentleman better is to build on the efforts of the I would like to emphasize how impor- from Missouri [Mr. GEPHARDT], seeks majority leader who is saying, "Let's tant I believe this benefit is, because I to do is to take those dollars saved by find savings in the Medicare Program, remember from my days with the Gray making Medicare more efficient and, in there are efficiencies to be found," and Panthers constantly seeing instances effect, reinvesting them in new bene- in order to help our Nation's seniors where senior citizens could not afford fits and new services for seniors, such when we find those efficiencies, we will their pharmaceuticals and seeing very as long-term care and prescription take those dollars and plow them back detrimental health effects as a result. drugs. I happen to think that that into the Medicare Program to provide Many have heard the phrase that sen- makes a great deal of sense, and I have some relief to vulnerable seniors faced iors are choosing between food and pre- heard the majority leader, to his cred- with crushing long-term care and pre- scriptions. I found in my years working it, indicate that he is very open to scription drug bills. with senior citizens is what was more hearing suggestions from Members of Mr. Speaker, what I would like to do likely to happen is not that senior citi- Congress of both political parties on and wrap up, if I might, is describe a zens would have to give up all of their how that might possibly be improved situation where we have one of the Na- meals to cover prescriptions, but what upon. tion's senior citizens who currently re- would happen is they could not afford There is another approach that is ceives coverage through the Medicare to take all of their pills and their pre- being discussed. It is the one that was Program describes how she would fare scriptions in a timely way. So if a phy- drafted and developed by our colleague, under the approach taken by the ma- sician told them to take three pills, for the gentleman from Georgia [Mr. Row- jority leader, the gentleman from Mis- example, for 2 weeks, maybe they LAND]. I have served with the gen- souri [Mr. GEPHARDT] and describes would take three pills for the first 3 tleman from Georgia [Mr. ROWLAND] on how I think it would be possible for us days of the prescription, but faced with the Health Committee for a number of in the kind of spirit that the gen- the prospect of not being able to afford years and a more decent and caring in- tleman from Connecticut [Mr. SHAYS] their pharmaceutical bills, after 3 days dividual in my view simply cannot be has brought to the House this evening, they would then have to cut back to found than the gentleman from Geor- work together to kind of build a coali- two pills, and then eventually to one gia [Mr. ROWLAND]. But I think we have tion in both political parties to make pill. Because pharmaceuticals can be so to do better for our senior citizens than sure that in health reform, our Na- cost effective in terms of a treatment the approach that is being offered in tion's senior citizens get a fair shake. arrangement, when senior citizens are August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22901 in that kind of situation, not able to number of other States have come up bit more attention in terms of the rea- take their prescriptions in a timely with other very sensible kinds of mod- son for it. kind of way, what is very likely to hap- els, we will have a chance to do the He has very ably given what the plan pen is that their health problems will best in health care for our seniors, would be in terms of the kind of cov- get worse. Some may eventually need which is to do more of what they want, erage, but I think we deserve to have, hospitalization, and it is simply not which is to stay at home and be in the and the people of the country deserve cost effective to ignore the need for community and do it at a price tag to have, a bit more of an explanation, some prescription drug relief for our that is less than what we face today a bit more perspective, if you will, Nation's senior citizens. when seniors are unnecessarily institu- minus the heated rhetoric that has So I am very hopeful in the days tionalized in nursing homes. been expended on the health care bill. I ahead on a bipartisan basis the Con- So let me wrap up by saying it seems would like to do that at the present gress will build on the third plank of to me we are in effect presented with time. the majority leader's program for sen- two kinds of alternatives. One is the I think that the tone, if you will, ior citizens, and that is to ensure that approach that we have from Dr. Row- that was established in the colloquy is a fiscally responsible way a prescrip- LAND which in effect takes $60 billion that, in effect, existed between the gen- tion drug program is started for our el- over the next 5 years and takes it out tleman from Connecticut [Mr. SHAYS] derly. of the Medicare trust fund. At a time and the gentleman from Oregon [Mr. The majority leader in his plan goes when we are going to have many more WYDEN] with respect to the crime bill on. There is coverage for annual seniors, at a time when the demo- offers us a bit of a model to address mammographies. There is mental graphics are so clear, it takes $60 bil- this question of long-term care and the health benefits. There is not a total lion out of the Medicare trust fund and overall health costs. limit on the amount senior citizens instead of spending it on prescriptions I want to draw on some material that would have to pay beginning in the and long-term care it spends it on mat- has been presented by the director of year 2003. All of these, in addition to ters unrelated to the concerns of the our executive office on aging in the the slowdown in the part B premium elderly that we are discussing tonight. Governor's office in the State of Ha- are I think very welcomed and meas- On the other hand, we have the ap- waii, Dr. Jeanette Tacamora, an old ures that Members on both sides of the proach that the majority leader has ze- friend, an expert in the area of aging, aisle can support and support enthu- roed in on which is in effect to find gerontology, and geriatrics, who testi- siastically. cost-effective savings in the Medicare fied here before the Subcommittee on But I think it is also important to Program, find savings in the Medicare Housing and Urban Development last focus on the last part of the proposal program that can be routed out with- year. for seniors offered by the gentleman out in any ways cutting existing Medi- What do we mean, in fact, by long- from Missouri [Mr. GEPHARDT1 and that care services. The majority leader has term care? What is it that we are try- is the creation of a new home and com- said let us take those savings and rein- ing to do? I hope some of our col- munity-based long-term care program vest them in the home and community- leagues who may be observing and lis- for seniors. I emphasize this again as based services for the elderly and pre- tening in and those Americans who are much out of personal experience as scription drugs. observing and listening in to what we anything else. I am very hopeful that in a biparti- are saying this evening will give us the During my years of codirector of the san way, as the gentleman from Con- opportunity to go into that in a little Oregon Gray Panthers I had a chance necticut [Mr. SHAYs], has done for us more depth. to work with seniors for many years in tonight on the crime bill, I am very Mr. Speaker, one of the things that I developing what I think has come to be hopeful that I and the gentleman from have learned in my political life is that regarded as really one of the Nation's Hawaii [Mr. ABERCROMBIE], and other it is the obvious that needs to be re- finest long-term care programs At Members of Congress can work to- peated most often, because it is the ob- home in Oregon we have a program gether in a cooperative kind of fashion, vious we tend to take for granted and known as Project Independence. It is a in a bipartisan fashion, so that we can forget first. program designed to keep our seniors make sure that our seniors have a dig- The obvious in this instance is that at home. As a result of this program we nified retirement, so they are not- we all know what long-term care are saving money, we are saving money wiped out by the crushing costs of means, that we all, after very sub- while at the same time having one of long-term care and prescriptions, and stantive understanding as to what is the lowest rates of nursing home stays we do this in a bipartisan way as the involved in long-term care, that we in the country. We have in effect revo- country wants, and we do it in this ses- have a response to the phrase "long- lutionized geriatric care, revolution- sion of Congress. term care" that is, in fact, meaningful ized health care for seniors, in effect for us and allows us to have a presen- turned the system on its head by put- D 2040 tation for the average American that is ting such a strong emphasis on cost-ef- Mr. Speaker, I yield to the gentleman comprehensible, that is understand- fective home health care. from Hawaii [Mr. ABERCROMBIE], who able, something that we are able to What this legislation does, the legis- has been such a strong advocate of deal with in a manner that does not lation offered by the majority leader is health care reform, because I know he need further explication. in effect build on the model developed believes it in his heart, but also be- I would submit to you, Mr. Speaker, in Oregon, the Oregon Project Inde- cause he has seen it work day in and that is not the case. Think about it. pendence Program. The majority lead- day out in his home State. I am happy Long-term care refers to the full range er did not start from scratch. The ma- to yield to my friend. of rehabilitative, medical, and support- jority leader did not make this up out Mr. ABERCROMBIE. I thank the ive social services needed by an indi- of whole cloth. He in effect looked to gentleman for yielding. vidual who is dependent upon others the models across this country like we I am very appreciative, and I am ap- for assistance with one or more basic see at home in Oregon through Project preciative even more so because your activities of daily living, bathing. Independence, and that is what he mod- last statement is, in fact, what I would dressing, eating, ambulating, toileting. eled his home health care program like to dwell on for the remainder of These are in fact, Mr. Speaker, what around. the time in this special order hour. we are talking about. This is not an ab- So I am of the view that if the Con- Not everyone has had the oppor- straction. We are talking about human gress and Members on both sides of the tunity to actually see a health plan in beings. We are talking about human aisle look to a new home and commu- action. The description that the gen- beings who now have a life expectancy nity-based program built around what tleman from Oregon [Mr. WYDEN] has beyond that which was ever thought to we have done in Oregon, and now a given, Mr. Speaker, I think deserves a be achievable by any other society. 22902 CONGRESSIONAL RECORD-HOUSE August 17, 1994 Mr. Speaker, we are. in fact, in an in the Hawaii State Legislature I was those people who have worked all their era unimaginable even 50 years ago. As observing some dozens of people who lives, sacrificed their lives, particu- the United States of America ap- were reaching an age in which we were, larly those who have come through the proaches the new century, as we ap- in fact, Mr. Speaker, having to come up Depression-as the President said, proach the turn of this century and with a new category. It was not just played by the rules and worked hard- enter into a new era, we literally will the elderly or senior citizens any why should they be stripped of every be having before us a situation in longer, the euphemisms that were pop- asset at this point? Why are we as a na- which millions, not hundreds, not ular in the vernacular of the time. We tional legislature not capable of deal- thousands, millions of people will be developed a designation for people as ing with this in a straightforward way? living 10 and 20 and 30 years longer aging elderly. Is it your mother, Mr. Speaker, my than we ever expected, and many, if Mr. Speaker, I want to indicate for mother, your father, my father, one of not most, will be dealing with the fi- those who may not fully comprehend these statistics? They are not statis- nancial condition and circumstance what is involved in that, when you tics to me. No one in this Nation which was fixed 10 and 20 and 30 years have what we called the Medicaid should be a statistic. ago which did not anticipate in any re- spenddown, what that meant was that We pride ourselves in looking out for spect the kinds of costs that will be as- a lifetime's worth of work, generally in the individual. The only way we can do sociated with this new life expectancy. partnership with one's spouse, could be that is on a communal basis. We have Mr. Speaker, I was the chairman of wiped out because of the necessity of to look out for each other. We have a the Human Services Committee in the meeting the criteria established for choice of whether we are all in this to- Hawaii State senate and privileged to being poverty-stricken and eligible for gether or whether we are all on our serve in that capacity for a number of Medicaid. In other words, your prin- own. years. I can recall when we made the cipal assets had to be expanded, had to According to the 1990 census-I will first attempts to put together long- be transferred, disapproved. Often that give this, I hope, a human context-31 term-care insurance, in fact, I put out was, for most people, their home. million Americans, 12.6 percent of the the first bill offering businesses in Ha- And there was an additional element, total population were 65 years or older. waii the opportunity to have a tax de- Mr. Speaker. This was gender-related. That is in 1990, 31 million Americans. duction if they would put forward, as Women outlived men, and so women Think of it in terms of individual part of the benefit package in our found themselves in a situation of hav- human beings and their needs, compris- health care plan, a plan which has ex- ing all of the assets expended of the ing the fastest growing segment of the isted since 1974, more than 20 years couple, and then finding themselves American population as well as the now, if they would put into that health poverty-stricken, and this category of segment most likely to require long- plan a long-term-care insurance bene- aging elderly came in not only to exist- term care. fit. Mr. Speaker, you will be interested ence but into an expanded realm be- One of the discouraging parts about to know, and Members and the public yond which we had no comprehension some of the health plans, all of them will be interested to know, that I was previously. put forward in good faith, I am certain, defeated in that effort in great measure So now we find people, many female, but nonetheless there are still health because, among other things, our own widowed, made poor, their assets plans coming forward or amendments tax department thought that they stripped from them, now living under coming forward which differentiate might lose revenue. They did not want circumstances of dependency, medi- whether or not the plans will be more to give the businesses, and we are talk- cally speaking, in terms of rehabilita- expensive or less expensive, depending ing in the mid-1980's now, here we are tion, in terms of support of social serv- on one's age, depending on what the less than 10 years later, at a cross- ices, in the tens of thousands, in fact likelihood of disease or incapacity is. roads, financial crossroads and social into the millions. In other words, just at the time when crossroads in our Nation's history, and 0 2050 you are most vulnerable financially in fact, the world's history; they and physically, we say at just precisely thought they were going to lose reve- Mr. Speaker, long-term care may be that time we are going to make it more nue. My argument then, based more on provided either in an institutional set- difficult for you to have health care in- instinct, and I hope educated projec- ting or home- or community-based surance. tion, as I hope in turn as a responsible care, as the gentleman from Oregon What has happened? chairman of my committee, I said at [Mr. WYDEN] indicated. Long-term care One of the reasons I went to Hawaii, that time to them, "We are going to is provided most often by paraprofes- Mr. Speaker, was the sense of family. have to expend funds beyond that sionals, such as homemakers, personal One of the reasons I am proud to rep- which is now imaginable. If you think care and home health aides, and fami- resent Hawaii, one of the reasons that you are going to lose revenue now be- lies. I have such deep feeling about Hawaii, cause we would be encouraging busi- We now find ourselves in a situation is that we have always had a tremen- nesses to provide an insurance benefit again which I anticipated in the middle dous sense of family, extended family. and long-term care," I said, "just think eighties, and here we are less than 10 We have what we call ohana, and what is going to happen 10 years from years later having to deal with it, that means family, that is Hawaiian now." where family leave does not just mean for family. It is an expansive word, we Mr. WYDEN. Mr. Speaker, the gen- taking care of a child, it may mean take in everybody. They took me in. tleman is making a very useful and im- taking care of a parent as well. Yet we There are no children in Hawaii portant statement. find situations in which the newspapers going to go without a parent, their Mr. Speaker, T ask unanimous con- are now regaling us with commentary hanai. sent that the gentleman from Hawaii on how people are not just holding If you have a hanai mother or a [Mr. ABERCROMBIE] may control the down two jobs but three jobs just in hanai father, they take children be- balance of my time this evening. order to make ends meet. cause they love children. It is the Poly- The SPEAKER pro tempore (Mr. How is it possible for people to hold nesian way. They love the kapuna. FARR). Is there objection to the request two or three jobs and at the same time Mr. Speaker, I was at our dinner for of the gentleman from Oregon? take care of their parents let alone the kapuna in the valley in which I There was no objection. take care of their children? This is live, on Malama. We have an organiza- Mr. ABERCROMBIE. Mr. Speaker, I what is happening in the country. This tion, Malamao Manoa. Malama is would be delighted to do that. is why it is needed. This is why the where I live. We honored our kapuna. Mr. Speaker, I believe I was at a rhetoric has to start meeting reality. Our kapuna are our elderly, the people point where I was indicating that as People say, "Who is paying for it?" we look to for guidance, the people chair of the human services committee We are paying for it now. Why should whom we respect. There were 40-plus August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22903 people whom we honored. And the cri- grown from 6.2 million to at least 9 Those who have suggestions to make teria is that you are at least 65 years of million. I can go on with these statis- it better, I cannot imagine that we age and have lived in the valley for 50 tics. would not be open to it. I know the ma- years. I want us to see it in human terms. jority leader well, as my colleagues do, We are doing an oral and written his- In the time remaining to me, Mr. Mr. Speaker, and we both know that he tory of the valley by going to our Speaker, then I want to discuss a bit is open to any suggestion with respect kapuna, going to our elders, to those further what it is we are going to try to expanding our capacity to provide who have come before us and who are to do to try to meet this necessity. I these services. sharing the rich heritage and legacy of want to emphasize that word, this is a I do not really want to get into, al- life in Hawaii with those of us who are necessity, it is a national necessity. It though I am quite prepared to talk here now so we can pass it onto those is not something that NEIL ABERCROIM- about, the inadequacy I see in some of who are coming; the sense of balance, BIE thinks would just be desirable in a the other bills that have been offered: the sense of continuance that we have. manner that is electorally something no prescription drug benefits for sen- The person living the longest, 86 which can be beneficial to me iors, the utilization, as the gentleman years, speaking to us and speaking electorally or to any Member here on from Oregon [Mr. WYDEN] indicated of about being in the valley for 86 years. the floor. It is a matter of trying to be presumed Medicare savings to pay Another person, 95 years. My mother, straightforward and honest about what other bills, no long-term-care plans, no now 86 years of age. They have much to it is we have to do. It is not going to be out-of-pocket caps for seniors, no pro- share, and yet we want to differentiate easy. tection for continuing to limit cost in- on the basis of age in a way that dis- It does in fact have to be paid for, creases. All of these things have come advantages our seniors? How is that and I think we can do that. We can do up, and all of these things can be criti- possible? How is it possible for us to that in one of two ways. We can do it cized. I rather concentrate though on have that attitude? where everyone, as I said, is left on what we can do and what we should do No, I want to talk about long-term their own to try to struggle with it as in this area. care and about seniors and about our best they can, or we can do it as a Na- In Hawaii the population over 65 is plans in the human context. tion, all pull together. We are going to expected to grow dramatically in the Mr. Speaker, that segment which is expand the Medicare benefit. We are coming decades. We expect it to go to growing most and most quickly in our going to have a prescription drug bene- more than one quarter of our popu- country, most likely to require long- fit that would be added to the Medicare lation, possibly as much as 30 percent. term care, individuals 65 and older, are program. You have to have it. My mom Mr. Speaker, this is a sobering statistic expected to number more than 67.5 mil- has to have it right now. We are strug- when you put it in human terms. lion people, more than 22 percent of the gling to find a formula right now to One of the things we are criticized. population, by the middle of the next deal with some of the physical cir- Mr. Speaker, in Hawaii for is that we century. cumstances that my mom has to deal are so healthy. In fact, in another spe- Mr. Speaker, you and I may be- with, at 86. cial order I will be doing in the near fu- maybe you, but I will not be-here by Everybody has got a story. It is only ture on small business and health care the middle of the next century. There a statistic until it hits you. Then, oh, I will point out some people even refer is no statistical possibility of that, I yes, we as individuals, then we feel it: to our climate as being the principal am sure. but we have got to feel for each other. factor in longevity. The fact of the But, Mr. Speaker, are we not re- The prescription part of it is one of the matter is on a per capita basis we prob- quired as members of a national legis- things that has to be addressed. ably have more people living longer lature, is it not incumbent upon us to and living healthier lives than vir- provide for those who are coming by 0 2100 tually any place in the Nation, but the middle of the next century? There is not anyone listening to me there is a cost to that where long-term No one, no one has a deeper feeling who does not have, or had at one time, care in Hawaii is concerned. Those who about the privilege of serving here in their mom, or their dad, or their grand- are older than 80 years of age will tri- the House of Representatives, the peo- ma or grandpa saying to them, "I don't ple by the turn of the century. triple. ple's House, than I do. want to be a burden to you, I don't The cost, of course, has to be dealt I am sure we all share that. And I want to be a burden." Is that what this with accordingly. Escalating costs and feel every moment that I am on this country has come to? We will have our increasing utilization are a potent and floor that it is my duty as well as my own mothers and fathers concentrating ominous combination for Hawaii and privilege to be able to legislate in a their emotional and psychological time its people and for the United States way that reflects the high honor that as they approach the end of their life and its people. has been given to us by the people of on not trying to be a burden? Think The Federal Government, Mr. Speak- this Nation, the opportunity to legis- about it. er, as I draw to a close this discussion late on behalf of the common good, on Mr. Speaker, that is not the best that of the need for long-term care and its behalf of the people of this Nation and is in America. That is not the best that role in our health program, has been in fact the world. we are as Americans. That is not the hesitant to this point to deal with this That is what our duty is. That is best that we can offer as national legis- phenomenon, this unprecedented social what we need to do in terms of long- lators. Far from it. phenomenon. Long-term costs, if left term care in the health bill. We do not An unlimited prescription drug cov- to drift on their own, Mr. Speaker, will need to have the rhetoric of division, erage with the cap that has been men- increase expenditures dramatically, we do not need to have the rhetoric of tioned by the majority leader, that is and the average family will be unable confrontation. What we need is more what we need as a minimum start. We to cope with the situation. If there is collaboration, what we need is more co- need to cover long-term care, home and anything, Mr. Speaker, that cries out operation on behalf of those who sent community based, home and commu- for a national plan. if there is anything us here, on behalf of all the kapuna, on nity based. We want to keep people in that demands of us that we address behalf of all the grandmothers and their homes as long as we can, and we something on a nationwide basis, it is grandfathers, all of those who are our want to have such services they need long-term care, and the only way we parents, all of those who have come be- that I have described being provided can do that, the only effective, effi- fore us and worked so hard and put out in the community. cient way we can do this in human their faith and trust in us. We can do this by giving people a terms, in social terms and economic By the year 2010, analysts project maximum amount of choice in the terms is to see to it that long-term that the number of elderly Americans process. That is just exactly what our care is part of a national health plan, in need of long-term care will have proposal is all about. something that we can all be proud of 22904 CONGRESSIONAL RECORD-HOUSE August 17, 1994 as legislators, something that we can 100 can self-insure. That sounds inno- benefit package, not for everyone. Not facilitate as national legislators be- cent enough. What it means to you and necessarily for your competitor, but cause it is, in fact, our duty and out me and the guy working next to you is possible for you. time to see that that is accomplished. this: JIM, if you would talk a little bit I appreciate this privilege of being If you work for a company under 100, about the maintenance of efforts provi- able to address our colleagues this and I work for a company over 100, and sion in the bill. evening. we get paid exactly the same wage, and Mr. McCRERY. I thank the gentle- we get exactly the same benefit pack- woman for yielding. In fact, what is age, after health care reform I will get not generally known is that there is UNDERSTANDING THE REALITY OF paid less because I work for a company really a double mandate in the Gep- HEALTH CARE LEGISLATION who has fewer than 100 employees and, hardt-Clinton bill, and that is an em- The SPEAKER pro tempore (Mr. therefore, pays a community-rated pre- ployer currently provides insurance for FARR of California). Under the Speak- mium for its health care package his employees, under the Gephardt- er's policy of February 11, 1994, and which is high. My friend who works for Clinton bill that employer must, for a June 10, 1994, the gentlewoman from an employer who has over 100 employ- period of several years, maintain the Connecticut [Mrs. JOHNSON] is recog- ees, earning the same wage, getting the level of benefits for his employees. nized for 60 minutes as the designee of same benefit package, still will get Even if that level of benefits is greater the minority leader. higher wages because his premium will than the standard level of benefits set Mrs. JOHNSON of Connecticut. Mr. be experience rated and, therefore, in the bill, which is fairly generous, as Speaker, it is a pleasure to be here this lower. you pointed out, that employer, never- evening a little late, but it is impor- theless, cannot get a policy of insur- tant to talk about aspects of the health 0 2110 ance for his employees at that level of care bills that are before the Congress So reform will mean to those two the standard benefit package. He must because people need to know. people different wages and an unfair continue to provide a more generous I am endlessly fascinated that, as I impact, an unfair premium cost, just package to his employees. work in my district, people will say to because we did it from Washington. That is regardless of his profitability, me, "You know, I don't like what I I think we have to be real careful regardless of his cash flow, regardless hear," and, as they talk about it, you that what we do from Washington does of his income as an employer. That is can see that they are, A, afraid; B, con- not make it worse for people in Amer- just not the real world. cerned, and that their fear and concern ica, does not give you less health care, As you know, particularly with small are for the quality of their health care does not make you pay more for it, businesses, they live on a year-to-year first and their jobs second. does not erode your wage base. It is basis, if not a month-to-month basis. So, their concerns are real. They are those unintended consequences, or And a package of benefits that they not light. They are not little. They are those consequences that are less easy purchase for their employees this year very deep. And they are very signifi- to see, that are part of what we want to may cost too much the next year. And cant, and what interests me is that talk about here tonight. in order to stay in business, because through what they say to me it is clear But in order to understand why bills their profit margin is very, very slim, they get it, they really understand, clearly introduced by well-intended they must cut back on some of the ben- that there is something about the people, clearly introduced by people efits. That may be in paid vacation macro bills, the big Clinton look- who do care about individual working time, it may be in health care benefits. They may have to reduce the level of alikes, that does endanger their health Americans, could have these effects, we benefits in order to stay in business, in care and their jobs. They do not under- really want to start from the begin- order to continue to employ as many stand quite why, and that is why I am ning. people as they now employ. here. I want people to understand the I and my colleagues are going to That is the real world, and those are reality of these bills, the impact they start out by talking a little bit about the types of decisions that employers, what will have on our lives to the extent is being mandated in these bills, particularly small business employers, that we currently understand it, and and who they are being mandated on, have to make every year. through that I want them to have the and what are going to be the con- So for the Federal Government to confidence that not just they have the sequences. tell a small business person, who is intuition of fear but that their con- First of all, what is being mandated. really trying to do his best for his em- cerns are legitimate in this area or per- It is not simple. ployees, who is really trying to attract haps not legitimate in that area. First, it is a national benefit pack- and keep quality employees, for the So, we are here tonight to kind of lay age. With every committee that the na- Federal Government to tell that em- out some of the problems with the Gep- tional benefit package goes through, it ployer, I do not care what you have hardt health care bill. These were prob- grows. We are now up to a national done in the past, how good a citizen lems with the Clinton proposal. They benefit package in most of the Clinton- you have been, how good an employer are for the most part problems in the type bills that is more generous than you have been, we are going to make Mitchell proposal. But they are prob- all but 100 companies in America. you, regardless of your profitability, lems that follow from Government Now, that is nice, but there ain't no regardless of how your business fares in mandating health care on employers of free lunch. And if you are being man- the next 5 years, we are going to make all sizes and all levels of profitability. dated to provide that level of benefit you continue to spend exactly what Now, before we get into the issue of package, it is going to have con- you have been spending on that fringe employer mandates, what is being sequences. benefit. mandated on whom, and what will be The premium of that kind of benefit That makes no sense in this society, the consequences, I want to indicate package is high. Remember, every year no sense in a free society, no sense in the level of my concern by illustrating Congress is going to enlarge it. But a free-market economy, and I just the fact that some of the consequences that national benefit package is not think it is important for people to of the bills before us are going to cre- the only thing that we are mandating. know that not only is there a mandate ate profound unfairness, and in 5 years, There are other aspects to this benefit in this bill for a standard set of bene- and 8 years, and 10 years our constitu- package that are part of the sneak at- fits, there is a double mandate. And ents are going to look at us and say, tack that I was talking about. that is, Mr. Employer, if you now pro- "You did this? On purpose?" Let me My colleague from Louisiana was vide a more generous package of bene- give you one example: talking earlier about some of the pro- fits to your employees, you are going In the Gephardt bill companies under visions of the Gephardt bill that have to have to keep providing that more 100 cannot self-insure. Companies over the effect of expanding this national generous package of benefits. August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22905 Mrs. JOHNSON of Connecticut. To it, and I would like to share with you State malpractice reforms. And when give an example of that, because it some of the statistics from that. those get repealed, costs will go up, really hit home with me in talking Consad, a research organization that both of defense of medicine and of mal- with a small employer in my district is reputable, estimates that between practice premiums. And so that cost is who provides some dental and some vi- 850,000 and 1.3 million jobs will be lost going to be shifted into the premium sion. Now, he does not provide any sub- with the Clinton-Gephardt bill. Laura base. stance abuse or any mental health, but Tyson, the chairman of the President's And lastly, there is a 2-percent tax he does provide some dental and some Council of Economic Advisors, esti- on all premiums that will again raise vision. mates that 600,000 will be lost. the cost of the very employers. That is Under reform, he will have to con- Citizens for a Sound Economy tells why the jobs will hemorrhage out of tinue the dental and vision, but add us according to a McGraw-Hill study the system. also in the substance abuse and mental commissioned by the CSE Foundation, I yield to the gentleman from Michi- health and all the other things in the such mandates could increase unem- gan [Mr. KNOLLENBERG]. national benefit package. And there is ployment by as much as 900,000 when Mr. KNOLLENBERG. I thank the one more thing he will have to add. fully implemented. gentlewoman for conducting this spe- Now, to show you how difficult this The NIFB, which we all respect, cial order, with her background and ex- is, as a member of the Committee on looked at this and projected the State pertise in that subject area. It has been Ways and Means, I sat through two se- of Florida, my State, would lose almost invaluable to a whole lot of us in the ries of markups, I read all the mate- 67,000 jobs due to the employer man- conference. rial. We were all there, and it was not date. I have state-by-state how many I just want to relate to what you just until the end of the second markup jobs will be lost. said. My State of Michigan just passed that we happened to ask the right So we hear a lot of talk about the im- a malpractice reform bill, and you are question to find out that in addition to portance of health care and how it saying to me that even though that did the national benefit plan and any could affect our families, but we must lower to the satisfaction of most peo- maintenance of effort benefits you are realize that if this mandate as pro- ple, of course, obviously certainly the providing, you will also be obliged to jected by the Gephardt-Clinton plan is physicians and the medical commu- provide all State-mandated benefits. instituted, we are going to have a huge nity, as well as doing, I think, justice So the cost of this is going to be ex- amount of job loss across this country, for the entire State, what you are say- traordinary for our businesses. Most and we should take that into consider- ing to me, by virtue of the Gephardt- businesses now self-insure in order to ation. Clinton bill, there is a repeal mecha- go around and get out from under the In fact, I think most of us agree that nism that is calculated or incorporated State mandates. In Connecticut we the Clinton-Gephardt plan is even more into this process so that even though have an organization that is providing draconian for small businesses than the they do have a program in effect that packages to small businesses, which original Clinton plan. So that is hard that will be repealed or downsized or has just come out with some new and for many of us up here to understand, removed? exciting and lower cost packages. And how we could have a bill that is more Mrs. JOHNSON of Connecticut. Abso- I said to them, how much could you cut draconian than the Clinton plan, when lutely. In all the years, and people do your premiums if you did not have to the majority of people out in the Unit- not realize that actually Congress has comply with State mandates? The an- ed States say they are against what been studying this subject for years, swer was 25 percent. they perceive as the Clinton plan. not all of Congress, but some signifi- So we are going to now mandate a Mrs. JOHNSON of Connecticut. I cant groups in the Congress and out- national benefit package. Then we are think that is a very important point. side groups, there has not been a single going to mandate maintenance of ef- The burden in the Gephardt-Clinton health reform proposal from any credi- fort. In addition we are going to re- bill is heavier than the Clinton bill on ble group of Members or outside ex- quire all State mandates now to be small business. One reason it is heavier perts that has not recommended good, met. So the total cost of this benefit is because in the Gephardt bill, they solid, extensive, comprehensive mal- package is going to be larger than most create what is called Medicare Part C. practice reform at the national level. employers understand, and almost all The President's proposal was very employers will have to pay more for O 2120 weak in that area. The Republican pro- health care, and most will pay a lot They are going to put 55 percent of posal, to its credit, was very strong. more. Americans into a government-run The bipartisan bill is very strong in We have also been joined tonight by health care program. We all know that that area. my colleague from Florida [Mr. those government-run programs, Medi- But to everyone's sort of shock and STEARNS] and my colleague from care and Medicaid, under-reimburse. amazement, not only is the Gephardt Michigan [Mr. KNOLLENBERG]. CLIFF, I They pay less than the cost of care and bill not strong, but it actually repeals would like to yield to you. right now they are the biggest source progressive malpractice reform propos- Mr. STEARNS. Mr. Speaker, I thank of cost shifting, that is of putting costs als that have been adopted at the state the gentlewoman for yielding, and I on the private sector from the public level. And yes, Michigan would have to commend the gentlewoman from Con- sector. abide. necticut for what she is doing tonight. When they put 55 percent of all Mr. KNOLLENBERG. I thank the We did this some time ago when we Americans into government-run pro- gentlewoman for making that clari- talked about the Clinton plan. This grams, they are going to increase that fication. I know the gentleman from might be like Yogi Berra said, deja vu cost shift $16 billion. Which means that Louisiana had another point. all over again, because the Clinton- all of these businesses we are talking Mr. McCRERY. I just wanted to fol- Gephardt plan certainly resembles the about, they are going to have this very low up on the gentlewoman's point of original Clinton plan. large mandate put in their shoulders, creating a system in which maybe half As you will remember, when I talked are going to have also the cost of the the population would be in a Govern- about the mandates last time, I talked under-reimbursement for Medicare ment, direct government-controlled about some of the outside accounting Part C shifted onto them, that S16 bil- system like Medicare. You and I are firms, the outside different interest lion. They are going to have the new not the only ones who fear that. groups that scored this, not just CBO costs of the stealth repeal of State I want to quote to the gentlewoman or OMB. And I asked them, what im- malpractice reform laws shifted onto from a letter written by two demo- pact would the Gephardt-Clinton bill them. cratic Governors, two Governors who have on the amount of people that In other words, in this bill, surpris- are Democrats, and two Governors who would be employed? And they looked at ingly enough, they actually repeal are Republicans. Governor Howard 22906 CONGRESSIONAL RECORD-HOUSE August 17, 1994 Dean and Governor Romer, Democrats, customers. They have to cut profits. serves to point out exactly what the and Tommy Thompson and Carroll They have to reduce wages or benefits gentlewoman has been pointing out. Campbell, Republicans, wrote Con- or reduce employees. And then, finally, Mrs. JOHNSON of Connecticut. I gressman GEPHARDT on August 1 ex- if all that does not work, they have one want to stay with this issue, so I'm not pressing concern about the Medicare option: get out of the business. cutting you off, but I want to stay with Part C program which would put all Mrs. JOHNSON of Connecticut. That this issue of the impact for a few min- these additional millions of Americans is right. utes. It is complicated. People know it into a government program. Mr. KNOLLENBERG. Those folks is a problem. They do not understand They said, made it very clear to me that those why, really, they are so afraid of it, but We believe that America's health care sys- were the options. And the last one they know they are afraid of it. might be one that they would have to tem must remain responsive to market con- As you go around your district, now ditions and should operate only with selec- Small businesses that are consider. Connecticut has been through probably tive regulation by both the Federal and state threatened with those kinds of con- as tough a recession as any State in governments. Medicare, a government run, cerns do have to look at their bottom the post-World War II era in the last 5 price-controlled system, does not meet that line. Many of the retail operations Medi- years. We have had a truly hard time, goal. Moreover, expanding the use of work on a very slim margin, and that care reimbursement rates to major addi- because we not only had the recession favorite shop or store or restaurant tional portions of the health care system that the Nation went through, we had might just go out of business because would have disruptive, if not disastrous, ef- the banking crisis, we had defense of mandates of this type that does not fects on the health care delivery system. The downsizing, all at the same time. Medicare program is also highly bureau- help any of us. It does not help any of cratic and unresponsive to local needs and our people on our States. And it cer- We have been through very hard has been ineffective at controlling overall tainly does not help the economy. times. There are a lot of employers costs. We seem to have a little bit of a who have said to me "I would not have That is a quote from two Democratic building economy in Michigan these made it, but I went from a first-dollar- Governors and two Republican Gov- days, despite whatever might be taking coverage plan to a catastrophic plan." ernors who clearly agree with you that place countrywide. What we should not They said "It was really hard to do to force maybe half the population of want to do there, and I know across the that, but I saved those jobs, and in 2 the United States into a Medicare-like country, is establish a mandate that is years, I'm going to go back up, I'm program is not the answer to solve our a tax that will do or create those kinds going to have that full complement of problems in health care. of problems for the small business peo- people, and I'm going to be back up to Mrs. JOHNSON of Connecticut. I ple. a good, solid health plan for my folks." hope that one of these evenings we will I just wanted to cite a couple of One of the things people are not real- take a special order and just talk about things. There was a survey done by izing is that if we mandate a rigid plan the implications of Medicare Part C. Governor Engler in Michigan, who has and an 80-percent employer cost, a re- But for this special order on the impact done, I think, a number of remarkable cession comes, your orders drop off, of mandates, an employer mandate on things. But the survey that they con- and then you cannot reduce your costs both the job-creating capability of our ducted was with a number of busi- by going to a lower cost plan. You can economy and the quality of health care nesses, small businesses around the only reduce your costs by laying people for our citizens, as well as the cost, it State. off. Finally, you can only reduce your is important to recognize that just I just wanted to indicate some quotes costs by going out of business. that portion of the Gephardt bill will that came out of the surveys that came Making a mistake by mandating too have the effect of shifting billions of back. Incidentally, it was heavily re- big a plan on businesses that cannot dollars of additional costs onto small sponded to, much more so than aver- bear it will not only cost jobs, which, businesses. That is why the job impact age. And these were mailed out to some of course, is true, but more impor- is going to be so steep. 1,800 businesses. tantly, it will stop the development of It is the combination of the mandate, Here is one quote from the Michigan the very kinds of small businesses that of the maintenance of effort that it Grocers Association: make that next generation of employ- puts even more benefits in there, of the The net effect would be fewer employees, ers. Connecticut is an excellent exam- State mandates that now come into both part and full time. Overtime would end ple. play, of the cost shifting, which is bil- up being cost effective or more cost effective lions, of the 2-percent extra in pre- than having people work 40 hours only and Defense is going down. Our big manu- mium, 2-percent extra in all premiums, end up, therefore, with more employees. facturers are going to be smaller and and the malpractice reform implica- There will be less jobs, both part time and smaller because they are primarily de- full time, in our company with these man- fense related. Our big insurers are tions. What you end up mandating is, dates in effect. indeed, a very big package of costs. never going to be as big in numbers of And then they also say Mr. KNOLLENBERG. I just wanted in another employees in the years ahead as they case: to, in terms of letting to the States, are today, and they are not as big now and Michigan is just one of the 50, but If all the government red tape restrictions as they were last year. Banks are not and controls continue to be put on small in my first town hall hearing on health going to be as big employers in the fu- business, which employ most of the people in ture as they have been in the past. care, and I have had 9, I had some 450 Michigan, we cannot pay for it due to the business people. It was billed as a busi- competitiveness of our business. If we are going to build the compa- ness owners, small business-type nies of the future, you have to let the Pricing, you can just raise the price little guy with 5 employees become forum. Over 450 people showed up. That a little bit, that may distort your was some months ago. At that time some guy of 10 employees, become sales. It may create some other prob- some guy of 25 employees, and you they told me the very same thing that lems. So it is not as easy as they say. you have been repeating and the gen- make it harder and harder and harder tlemen from Louisiana and Florida, O 2130 when you put a heavy burden on them, that mandates are really a tax. It is They are going on to say that "We and then they cannot make it when or- going to do one of several things. cannot run our business like govern- ders get down. Any employer, small business em- ment runs theirs because we cannot Mr. STEARNS. Just to follow along ployer facing a mandate in effect is run a deficit," so you look for those on that point, when you talk about facing a tax. That works, as I think areas that you have to cut, one of mandating to employers that "You you pointed out, several ways. It works which would be wages, or employees. have to pay for it," you touched on the as, for example, it either means that Mr. Speaker, this is something that mandate that the employer has to pay they have to increase prices to their came out of a survey, and I think it for a mandated plan. August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22907 This particular plan, as you point health insurance, so they are already broker in Saco, ME. Under the plan out, is rigid and is expensive to the em- providing that cost, meeting it. But it Knox raised employees' deductibility ployer. They cannot have the flexibil- is the small-it is particularly the new and copayments, lowering their pre- ity that they need, particularly de- small businesses, the ones that are just mium costs. Then it put the money pending upon the kind of health service getting started. saved into a mutual fund account for they want to provide across the gamut, You have a man and his wife who put each employee. Employees who make so they are forced to pay for this plan, their life savings into a business and matching contributions can use the which is really not tailored, maybe, for they are struggling to make it work in money in their accounts to pay for their small business or for their large that first year, the first 2 years. They their deductibles and copayments. If business. are not taking much out of it for in- they don't, they pay taxes on the When we talk about mandates, we come. because they cannot. Now here money and keep it. Knox has had just are not just talking about the em- we come and we are going to say "It one rate increase in the past 4 years. ployer mandate to pay it, but we are does not matter that you don't make Remember, at the beginning of this I talking about the mandate of this rigid any money off of your business, we are talked about the 100 mark and how in package. I think we should touch a lit- going to impose another cost of doing the Gephardt bill, after a lot of fight- tle bit on this plan, because this is sort business on you." And as you pointed ing in the committee, we at least got of the main part of it which causes this out, it could be as much as $2,000 per the right to self-insure down to 100. increased cost. employee, or if that employee has a This is a 32-employee company, and Mr. Speaker, the NFIB, the National spouse, it could be $4,000, or if that em- they are self-insuring through their Federation of Independent Businesses, ployee has a spouse and a child, it own pool like this. It is saving them says that "The mandated benefits could be $5,700, according to the esti- money, benefiting their employees. package is estimated to increase dra- mates of the Clinton-Gephardt plan. I have to give just one more example, matically under the Gephardt-Clinton Mr. Speaker, it is important to know because all of these creative, inventive plan" than it did under the Clinton what kind of businesses are going to be solutions to health care that employ- plan, and it is going to work out to the most hurt by this mandate. When you ees cover costs, but help them do it in detriment of businesses. They have put look at it closely, you will find that it a way that reduces the overall costs in together a comparison sheet. It says is the smallest businesses, the busi- the society and rewards people for "The annual cost is going to go from nesses that are struggling, the busi- thinking health, for thinking wellness, $2,000 to $4,000 average for a person," nesses whose owners do not take very will be literally wiped out by Washing- for a firm. This is not for the employee, much money out of the business. They ton, and sometimes our arrogance is but for a firm. are not making very much money, but simply astounding. So when we are talking about Con- they are struggling to keep afloat, they 0 2140 necticut having a hard time because of are struggling to keep those 2, 3, 4, 5, 10 Forbes offered its employees in 1991 a the cutback in defense and the other jobs in their community. great deal: If during the year an em- things up there, what is going to hap- What we are about to do if we pass ployee filed major medical and dental pen when you say to the employer, the Clinton-Gephardt bill is to tell claims totaling less than $500, Forbes "Regardless, you are going to have to those people "Keep struggling. In fact, would pay that person double the dif- take this rigid plan, you are going to we are going to make your struggle ference between the $500 and the claims have to pay for it, and the employee is even harder, because we are going to that they filed. going to pay 20 percent and you are impose a cost of doing business on you Suppose an employee and his family going to pay 80 percent," and they are that you cannot get around. You must had S900 in medical expenses. If the em- going to look at this plan. You and I pay, regardless of if you make a profit, ployee filed them, the most the insurer both know that Congress might again regardless of what your income is, re- would reimburse him would be $900 come back and mandate a bigger type gardless of your cash flow. You have minus his deductible and copayments, of plan, a more rigid plan. We have got to pay this." the portion of the bill the employee is seen Congress do that again and again. What that is going to do is exactly responsible for beyond the deductible. What happens to this employer who what the gentlewoman from Connecti- He would be out a few hundred dollars has a sound business and he has a good cut suggested. It is going to drive out and since his claims were over $500, bottom line? That is just going to dete- of business a lot of those small employ- Forbes would pay him nothing. riorate, and what is going to happen is ers, or it is going to cause them to lay However, if he filed no claims for going to be high unemployment, which off one employee to be able to absorb those expenses, $500 minus zero for no is going back to the original statistics those additional costs of doing busi- claims comes to $500 double, that is that I quoted. ness, or maybe two employees. So then $1,000. This would put the employee Mr. McCRERY. Will the gentle- what happens to those folks? They do $100 ahead. So he would be ahead if he woman yield? not have-not only do they not have in- filed no claims, which means no admin- Mrs. JOHNSON of Connecticut. I surance, they do not have a job. That is istrative costs for the company, he yield to the gentleman from Louisiana. no answer. So I appreciate the gentle- pays the whole $900, he gets a bonus of Mr. McCRERY. I thank the gentle- woman bringing that up and encourage $1,000 and he is up $100, and the whole woman for yielding. her to continue. system has not had to pay the costs of NFIB did a survey of their member- Mrs. JOHNSON of Connecticut. That all of the reimbursements that go with ship back in 1990 and found out that of certainly is no answer, and it is cer- insuring, and he has meanwhile their members whose owners took tainly no answer to controlling costs. shopped around looking to see who will more than $70,000 out of their business, Remember, what really is creating our charge me what for what health care so. in other words, if the owner made problems is rising costs. When you service which now the people are begin- $70,000 on his business, 90 percent of mandate a plan on the employer and ning to do. They are finding that those provided health insurance to you mandate the employer to pay 80 charges vary in health care just like their employees. The ones who did not percent and the employee to pay 20 per- they vary for sofas and couches and provide insurance to their employees cent, you create a rigid system that de- automobiles and everything else. were business owners who took out less nies us as innovative Americans the One of the aspects of the employer than $10,000 a year for their own in- opportunity to do, for instance, what mandate and one of its impacts is that come. Knox Semiconductor did. it will destroy any plan that is not the So that means that an employer Knox Semiconductor of Rockport, national health benefit package plus mandate is not going to hurt the small ME, has an insurance plan called the maintenance of effort on the State businesses who are successful, because Health Wealth, which is marketed by mandates, that is, the wisdom of Gov- they, most of them already provide Progress Sharing Co., an insurance ernment, and is not set up with an 80/ 22908 CONGRESSIONAL RECORD-HOUSE August 17, 1994 20 split dictated by Government. And Hawaii is not at 100 percent coverage. live there to at least get the informa- really when you think how innovation, They are somewhere between 93 per- tion on the record. how being people-centered, how impor- cent and 95 percent coverage. Further- Mrs. JOHNSON of Connecticut. I tant one's own personal responsibility more, Hawaiians have the choice, pri- think it is accurate that you have pri- is to real health and wellness, we are marily 80 percent of them have the marily Kaiser Permanente and Blue actually about to adopt, if we adopt a choice of only two insurers, Kaiser Cross-Blue Shield. Is that not accu- solution like the Gephardt bill or the Permanente, an HMO, or Blue Cross- rate? Clinton bill or the majority leader's Blue Shield. Most of us who have dealt Mr. ABERCROMBIE. No. If you bill in the Senate, if we adopt those with Blue Cross-Blue Shield and some would just give me a moment or two. kinds of plans, we will wipe out the of the other big plans find that they By the way, I am very familiar with very innovative, creative responses are often inadequate. One of the things the Small Business Hawaii executive that are controlling costs, reducing the that keeps them honest on the main- director because we went to school to- burden on society but providing qual- land is that there is a lot of smaller gether and we have been having a dis- ity health care. I just wanted to get companies and there are a lot of cre- cussion about business and business those two examples on the record be- ative employers like I just quoted who regulation for the better part of three cause if there is one thing that makes frankly provide far better plans. decades. So I know fully what the ap- America unique and different, it is her Then the other thing that is real in- proach is. remarkably resilient and creative peo- teresting about Hawaii, two other Just very quickly, the original law was never intended to provide full cov- ple. things I should just mention about Ha- Mr. ABERCROMBIE. Will the gentle- waii, is that between 1980 and 1990, erage. It was based on employees who worked full time by definition of the woman kindly yield for a moment or total health care costs in Hawaii rose hours two? 191 percent. The national average in law, which was 20 plus or more per week. That was to start it. We Mrs. JOHNSON of Connecticut. I the mainland was 163 percent. So the never did amend the bill for all intents would be happy to yield. Hawaii system has not succeeded in and purposes except for a couple of ben- Mr. ABERCROMBIE. I thank the controlling costs. gentlewoman very much. Lastly, I would comment that 4 in 10 efits because virtually right away, with the mandate in operation even when I have listened with some degree of employers had to reduce the number of there was a period of time when there interest to your concerns about par- employees when the mandate first was a dispute over whether we were ticularly where small business is con- went into effect; 1 in 10 employers cerned and in employer mandates, and hired part-time workers instead of full- going to have a waiver, the ERISA waiver, coverage was virtually univer- I recognize not only the sincerity of time workers because part-time work- sal. There are several plans that are the presentation but the real and vital ers were not covered; 55 percent re- concern that I think is felt across the put forward and choices to be made in stricted their wage increases; 33 per- addition to Kaiser and HMSA. Nation. I just simply wanted to share cent reduced other benefits; and 6 in 10 What happened almost immediately with you just for a moment or two that raised prices. But 1 in 5 of the firms was many of the other businesses left the employer mandate which we put in knew other firms that had gone out of because they were taking premiums really quite frankly at the heart of the business because of the mandates. That out, and I think you are familiar with bill we passed in Hawaii 20 years ago is the unseen consequence. the phrase "cherry-picking." They has not had that effect. In fact, we So while I respect Hawaii's decision would go in in those areas where they have increased the number of our small in this regard, I would also point out could maximize their profit and mini- businesses, and the principal concern that Hawaii has a rather different pop- mize their payout, and they left. Kaiser for staying in business today in Hawaii ulation than the rest of the Nation. I and Hawaii Medical Services Associa- has less to do with health care than do not think that you can say because tion, which is in fact the Blue Cross with other circumstances like workers' Hawaii has an employer mandate that and Blue Shield, do in fact have the compensation, et cetera, that might be that makes an employer mandate good. major part of the business because of the basis of a discussion at some other It has not provided much more cov- the choice of the people. I think if you time, some other piece of legislation or erage for Hawaii than Connecticut has. surveyed the people in the State, they even special order. It has not provided the diversity of in- are very well satisfied with it, al- But I just wanted to indicate that surers that the mainland has. It cer- though other competition has come up. while your concerns, in fact I would tainly does not allow the diversity that For example, to try and achieve 100 say anxieties I think is a fair word, the system over here allows in self-in- percent coverage in our Health Quest about launching a national program in sured and, therefore, it has not been program, there are five different plans this respect is, of course, quite perti- the State in which things like medical including Kaiser and the Hawaii Medi- nent, I can assure you that the health savings accounts and other approaches cal Services Association, and three care mandate for employers in small have developed. others that have come into the com- business is not cited by small business Mr. ABERCROMBIE. Will the gentle- petition and succeeded and they are people who have dealt with them for a woman yield? part of our plan toward achieving it. number of years as the principal Mrs. JOHNSON of Connecticut. I will I just want to conclude by citing to threat, if you will, to their financial be happy to yield since I threw all you the latest opportunity for small bottom line. those things at you that are rather businesspeople to express themselves, Mrs. JOHNSON of Connecticut. I was negative to your State. and this was August 1 of this year, 1994, very interested in the gentleman's spe- Mr. ABERCROMBIE. If you would in the Honolulu Star Bulletin. The cial order before ours and was on the allow me just a moment or two to re- focus is on imperiled entrepreneurs, floor and did listen. spond. "Risky Small Business," is the title. Mr. ABERCROMBIE. Yes, I saw you. One of the reasons I came down, I In the entire article, which focuses Mrs. JOHNSON of Connecticut. I have heard this, and I must say, you on three small businesses, as well as an have studied the situation in Hawaii, are the mistress of the information overall portrait of the 29,000 businesses because Connecticut is a State with 91 that has been given to you and present we have in Hawaii, 98 percent of them percent coverage. According to the Em- it very effectively. with less than 100 employees, and the ployee Benefit Research Institute, One of the reasons I did want to come overwhelming majority, less than 50 which is I think the most unbiased down because of the small business dis- employees, only once does the question source of these figures, they put Con- cussion is that virtually nothing of of health care costs come up. And the necticut at 91 percent coverage. They what you have been told is accurate as citation there is that over the past 12 put Hawaii at 93 percent coverage. In- far as Hawaii is concerned, and it is im- years, the coverage went up approxi- deed most of the figures showed that portant to us for those of us who do mately $5 a year. August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22909 O 2150 compensation program into an insuring Mr. McCRERY. I do not mean to So there are genuine concerns. Let program so people can have the doctor criticize Hawaii. I think if Hawaii me rephrase that and I will conclude. of their choice and establish relation- wants to do that, that is fine, and it The gentlewoman has been very gener- ships that they have chosen, I believe has achieved 93 percent coverage. But ous to give me the time she has. I did that Connecticut can get to 95 percent there is another element to this that not mean to imply at all that your con- every bit as fast as every other State, we have not talked about tonight, and cern was not genuine on the question including Hawaii. So I just do not want I think we need to hit it because it is of employer mandates. Obviously that Washington to mandate on my State not just job loss that is the result of has to be not only discussed but a con- Hawaii's solution, which seems to be employer mandate. It is not just an in- clusion has to be reached. working nicely for them in many ways. crease to the cost of doing business. It What I meant to say was that I be- Mr. ABERCROMBIE. I appreciate the is not just laying off employees or con- lieve that with respect to the dangers gentlewoman giving me the time. verting from full-time employees to for small business and the difficulties Mrs. JOHNSON of Connecticut. It is part-time employees to try to avoid for small business in Hawaii, there is nice to have you with us, and I thank the full cost of the mandate. I think much more of a problem with respect you. more important than all of that is the to Workers' Compensation, with re- I would say you ought to go through fact that when the government, the spect to location and costs of actually and compare what the benefits plan is central government, the Federal Gov- being able to have a lease, et cetera, in in Gephardt plus the maintenance of ernment chooses to impose a mandate Hawaii, factors which do in fact make effort, plus the State mandates and see on all employers in this country to pro- it different and unique from some other how'that works out, how many of your vide health insurance, they are taking areas, although I think Workers' Com- employers would actually experience the first, the most important, the big- pensation is a difficulty shared by vir- an increase in costs, because I believe gest step toward government control of tually all small businesses today. But it is correct to say that the national our health care system. That should you will find that being cited virtually benefit plan is considerable richer than not be overlooked in this debate on em- 100 percent of the time with respect to Hawaii's plan. We have to check that ployer mandates, because only through the difficulties and health care cov- out. a mandate, short of a single-payer sys- erage being cited occasionally or only Mr. ABERCROMBIE. We can discuss tem where the government controls ev- when people are reminded of it. that at another time, and I thank the erything and pays all of the bills, short So what I would ask is as we con- gentlewoman again for the oppor- of that, an employer mandate is nec- tinue the conversation I hope over the tunity. essary for the government to control next few days and weeks that we give Mrs. JOHNSON of Connecticut. I our health care system. some consideration to what the posi- thank the gentleman from Hawaii. Think about it. Once the government tive effects of health care and em- Mr. McCRERY. Mr. Speaker, will the says, "Mr. Employer, you must give ployer mandates might be in the sense gentlewoman yield? your employees health insurance," of achieving cooperation in a national Mrs. JOHNSON of Connecticut. I then the government says. "Mr. Em- health care bill that we can all if not yield to the gentleman from Louisiana. ployer, you must give your employees be happy with, feel that it is at least Mr. McCRERY. Mr. Speaker, I appre- this health insurance, these benefits," minimally fair one to another. ciate the gentleman coming to the that the government prescribes, and Mrs. JOHNSON of Connecticut. I floor and sharing with us his experi- then the government says, "We are would certainly say that I think there ence in Hawaii. I too had the oppor- also going to impose global budgets on is a good, solid bipartisan health care tunity to hear his remarks on the floor health care spending on a State by reform bill that we ought to have on in the previous special order, and I State basis." If your State exceeds that the President's desk this year that know that he is sincere in seeking an- global budget, guess what? "We are would do a lot of things that would be swers to some of the problems that going to impose price controls and tell very important to all Americans that plague our health care system. you what you must pay for that set of would eliminate the discrimination With respect though to the data that benefits." Then you have government that currently exists against people the gentlewoman from Connecticut control of health care. with preexisting conditions, that would cited, with respect to Hawaii the gen- I do not think anybody, well, there prevent companies from cherry-pick- tleman should know that the figure of are a few in this country who want the ing, as the gentleman alluded to that 93 percent coverage comes from the government to control health care, but they used to do in Hawaii, and would GAO, which is a fairly well-respected I would submit that the vast majority prevent them from doing that nation- government watchdog, and the data of Americans, the vast majority of the wide. So there are lots of good things that she cited with respect to the im- people in my district for sure do want that we can do. pact of the Hawaii plan on businesses, the government to control their health I also respect and am interested in 4 in 10 employers had to reduce the care system. Hawaii's decision to adopt an employer number of employees and so on, that So be careful, those of you who pro- mandate, and I am glad it is working data came from a 1993 Kaiser family mote employer mandates, be careful for them. I do not want Washington to foundation study. So these are not because that is the first step to govern- force Connecticut to adopt an employer things she just pulled out of the air. ment control of our health care sys- mandate when we are within two per- Mr. ABERCROMBIE. May I just re- tem. centage points of Hawaii without one, spond very briefly. You are right about Mrs. JOHNSON of Connecticut. I do and when we need small businesses to that. think that it is absolutely true, and grow and take advantage of our manu- Unfortunately, as with everything those of us who have been on the com- facturing work force and of our plant else, it requires perspective and con- mittee that have marked up this bill capacity to produce new products, and text. After hurricane Aniki came two times now, both the Subcommittee when I know perfectly well that the through you will find that both the of Ways and Means and in the full com- majority of the uninsured in my State failure of businesses and people being mittee, we saw how deeply interlocked are in the big cities where there not laid off, which was cited there, had vir- mandates and price controls are. And only are lots of people without health tually everything to do with the hurri- once government adopts a price control insurance, but there is not a good cane. I will not take your time tonight, policy, with it they do things like this: health insurance infrastructure. And I but I can assure you that the latest In the Gephardt bill there is a provi- know if we create an expanded commu- statistics show that our health care sion in law that says the Secretary of nity health center network so those costs are going down and our hiring is Health and Human Services shall have people can get to providers, and we going back up as our economy recov- the power to decide whether a drug is turn Medicaid from a fee-for-service ers. being used appropriately, and if she 22910 CONGRESSIONAL RECORD-HOUSE August 17, 1994 does not think that drug is being used I just wanted to bring up the fallacy Think of the businesses, and I ran a appropriately she can deny reimburse- about comparing this to minimum business for years before I came to ment for that drug. wage. Congress. I had a small business. I had When you look at the future where Mrs. JOHNSON of Connecticut. Not to borrow money to meet payroll some- drugs are going to be more expensive, only are you imposing a cost for each times. That is how it goes. That is how and there are going to be fewer oper- employee, but each employee's spouse you do it. How about all the businesses ations and more use of pharma- and each employee's children. At least, that have not started because they ceuticals, you can see why the govern- in the Clinton plan, President Clinton cannot or will not be able to fund the ment in this bill is taking control over was going to have the employer have requirement of the mandate to buy what drugs you will be able to have re- the spouse pay something and send it health coverage for those people in imbursed under your health care plan. back to the employer who paid the their employment? I would suggest to It is the details that reveal the depth family coverage, but this is so typical you that people are not blocks of wood. of the power shift from people to gov- of Washington. Honestly, you have to They behave normally. They under- ernment that lies behind a bill whose have a sense of humor. It is not very stand what the liabilities are of going fundamental structure is employer funny if you have to pay the bill. into business. Believe me, it is tough. I mandates and price controls. In the Gephardt plan the employer of have seen people sweat and strain. Mr. STEARNS. Mr. Speaker, will the the spouse is going to pay a premium, I think the gentleman from Louisi- gentlewoman yield? but it is not going to go back to the ana pointed out that some have less Mrs. JOHNSON of Connecticut. I employer who provides the family cov- than $10,000 to show for it. That is not yield to my colleague, the gentleman erage. It is going to go to the Govern- a livelihood, I can assure you. from Florida. ment to pay the subsidies for small These mandates, this is the hidden Mr. STEARNS. Mr. Speaker, I just business and low-income workers. So wanted to add a few comments to the factor. I think it does impact greatly remember, we talked about how small the startup of new businesses where all debate from the gentleman from Ha- business is going to have to carry the waii. I think perhaps we should take a the net new jobs have come from. cost of this big benefit plan and of the I thank the gentlewoman from Con- point out the fal- special order and maintenance of effort benefits and of necticut. that lacies in the health care program the State mandated benefits. They are Mr. STEARNS. I commend the gen- exists in Hawaii, because there have also going to have to carry the costs of tlewoman again for the special order. been many articles written upon it the subsidies necessary to subsidize the Mr. McCRERY. I appreciate the gen- talking about how it has increased the premiums of low-income workers and tlewoman inviting me to join her this tax base and how a lot of the research small businesses. So you are not going evening, and I think we have done a for health care comes from the main- to be paying just for your employees' good job in exposing the employer land and the type of economy over mandated benefits; you are also going mandate as nothing but a new payroll there versus the economy that might to be paying for other employees' man- tax. be in Connecticut. dated benefits, and that is why the Mrs. JOHNSON of Connecticut. That O 2200 costs are going to go up far higher than is important. I do want to just close they are now. with this comment that 90 percent of There are so many comparisons we And then you get into what Europe people could do to show that what the gen- has gotten into where they said in 1993, who take home $70,000 out of tleman was talking about does not when President Clinton got them all their business do provide health insur- apply here and, in fact, that the Clin- together to look how we can make the ance for their employees. One-third of ton-Gephardt bill is vastly different economies grow, the European Commu- those who take home only $10,000 pro- than that, and so I think at another nity leaders said, "We must lower vide health insurance. They want to do time we might want to explore that. taxes on labor to enhance Europe's in- it. Those who do not, for the most part, But I wanted to make one final argu- dustrial competitiveness." By that, cannot afford to do it, and mandating ment concerning this employer man- they meant lower the fringe-benefit it on them will not make them able to date. And I have heard this by the ad- costs on labor, not the wages, and in afford to do it. But it will force them ministration saying, "What is the big truth, since in the last decade, Europe to reduce the number of jobs or go out deal? You have minimum wage. We has created, the last 20 years, Europe of business. have increased the minimum wage, and has created no new net jobs, no new net So this has big implications both for it did not amount to a flick on the jobs. We have created lots of new jobs, people's jobs, the strength and vitality economy." It does. because we create them in the small of our economy, as well as the quality This is a little different. If I am an business sector. of health care in America. employer or employee, the minimum Mr. STEARNS. I wanted to interject I thank the Members for joining me wage applies to a very small segment one thing. Is it not true in some of the tonight. within that corporation. European countries the employer Mrs. JOHNSON of Connecticut. Just health benefits are half of what the a few employees. A SENSE OF PURPOSE OF OUR labor wage is? In other words, they are COUNTRY Mr. STEARNS. Just a few people. increasing so dramatically the labor Now you are not mandating just that wage itself is just about twice, but the The SPEAKER pro tempore (Mr. small group of employees. You are whole health care is just increasing so FARR). Under the Speaker's announced mandating all employees, all employ- dramatically in these countries that it policy of February 11, 1994, and June 10, ers, all across the United States, and is taking a bigger and bigger share of 1994, the gentleman from Indiana [Mr. the impact is dramatic in comparing it the employer benefits to the employee. BUYER] is recognized for 60 minutes. to just raising the minimum wage and Mrs. JOHNSON of Connecticut. I Mr. BUYER. Mr. Speaker, I come to making the same comparison is the fal- thought we had 10 minutes left, but I the House floor tonight because I have lacy, and in the end the employer lots am told we only have 2 minutes left. pondered and given analysis to a sense of times cannot control his health care So I yield to the gentleman from of purpose of our country. if Government is going to mandate in- Michigan [Mr. KNOLLENBERG]. Our Nation was dedicated to basic creased standard benefit packages. Mr. KNOLLENBERG. I will take one principles of God's will. Our Founders With all the bureaucracy that comes in quick minute, then you can close. I called these rights to be self-evident with this bill, it is going to affect the just wanted to say that one of the and forged a great country from the employer. He will not be able to con- things I do not think we had talked wilderness. trol the costs like he could with a about this evening is the fact these Two hundred and eighteen years small, narrowly segmented group of in- mandates do something else beside af- later the ambiance of America is de- dividuals who are on minimum wage. fecting existing businesses. fined by the soul of her people. While August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22911 many are filled with goodness, there is port is that it is completely out of bal- while he knows that States can access a lack of godliness, reverence, and di- ance. prison funding without even having to rection among the American people. 0 2210 access-excuse me-having to activate When pillars of Christianity in a soci- truth-in-sentencing provisions. ety are weakened, so are the fruits and The crime bill that was defeated here You know, since the House defeated blessings which flow from such a na- on a procedural vote for the rule, the the rule, the President did try to seize, tion. The liberals mock George Bush message sent was to send that bill back Mr. Speaker, the initiative with nu- for the "vision thing," and they also to conference to correct it, because merous attacks upon the GOP. And the mocked Dan Quayle for preaching fam- this body voiced the will of the Amer- NRA. Of course, he has forgotten about ily values. You see, they were both ican people to say that the bill that 58 Democrats who also opposed him on right, the liberal goal is to replace was submitted for us was an obscene that rule. Christian principles of our Republic injustice of public responsibility. I, on Friday, after hearing the major- with humanistic principles in that the You see, the responsibility that we ity leader state that he would place the human being can do whatever they have as Members is to come forth with crime bill back on the docket, I imme- want so long as they feel good and it political morality. Political morality diately wrote a letter to the Speaker of does not hurt others. is whatever bill that you bring forth, the House, saying, "Let's move forward We must, as a country, ameliorate whether it is on welfare reform, on in a bipartisan fashion." I was one of 38 our society neither by sanitizing her crime, whether it is on the space sta- of the Republicans who voted for the nor by living in her past, but by re- tion, whether it is on many different crime bill that came out of the House. structuring our Government and shor- appropriations, we need to begin pay- I very much would like to vote on a ing up her originating foundations. ing for what we do. When we have ap- crime bill. But the crime bill that These efforts will give direction and re- proaching a $5 trillion national debt, came out of the conference report is ignite the power of the American which is moving forward at a clip of not a report of a bill for which I can dream. $870 million a day, that is what this support. I asked them to meet in a bi- It will happen from those of us who deficit is costing us, money that could partisan fashion to send this bill back are principled and exercise the courage go to infrastructure of this country, to to the conference, so that, yes, the will of conviction with passion. You see, we improvements in education, advanced of the American people can be served. will succeed, because there are so few technologies. My fears are that rather than nego- of us who compete with their whole No, we have to pay it on the Nation's tiate with individuals such as myself, heart. debt and our budget deficit. That is who has not been contacted by the The reason I have made that com- what this is causing to us. We cannot White House, is that they would rather ment is because I would like to discuss ignore it. We cannot stick our head in try to find eight individuals, take them crime tonight. You see, all of this pas- the sand and say we can continue on. to the back rooms and negotiate back sion that a lot of people like to speak We must exercise political morality. there, either by using the Mutt-and- about on the crime issue really is For many. many years, you see, there Jeff routines offering enticements and about emotion into the issue. was not a cry among America for a bal- deals or outright punishment, threats, Having been a former prosecutor, a anced budget amendment, there was verbal coercion. Federal prosecutor, for 3 years out of not a cry for a line-item veto. Only re- I am hopeful that my colleagues will the United States attorney's office, cently has there been the lack of re- exercise courage of conviction that I crime is an issue I know something spoke in my opening because I see the about. You see, what we should be sponsibility. responsibility is trust deficit that is real between the talking about here is the United States That act of public also involved in the crime bill because American people and this Congress is Code. That is what this is, Federal ju- there because they see a Member of risdiction. when there is not enough funding to go around, we must exercise public re- Congress being nonresponsive to the You see, there were four great land- will of the American people. marks in the history of the Federal sponsibility to spend dollars wisely, I also have mentioned what it felt criminal legislation. The first criminal prudently, effectively, focused so that like to be back at home at Monticello, law was enacted by the Crimes Act of they are effective programs; not to just IN, sitting on the couch with my son, 1790. The act defined back in 1790, on the crime issue, to spend money as to then see President Clinton on TV on among others, such offenses as treason; if it is a starburst without realizing the nightly news asking the American it also had forgery, bribery, and many what impact those funds are being people from the pulpit of a church to of these punishments have not even made, if any. pray for Members of Congress who been changed to today. The message I received from the voted against his crime bill. Then there was a revision in 1866; an- State of Indiana has been very clear, it I must say, Mr. President, that that other revision in 1897; and the most re- is to stop the revolving door on violent was a tremendous statement to make cent revision was accomplished in 1948. crime and to, yes, place more police on from someone that, yes advocates the I think what we must remember is in the streets. You see, the people in Indi- present statements of Christian big- the preface of title 18 a quote by Roy ana are very pragmatic. They exercise otry that is occurring out there, not Fitzgerald of June 30, 1926. He said, good common sense. They say we real- only you yourself, but also members of "The scrutiny of this code is invited, ize that 7 percent of the violent crimi- your Cabinet, talking about the constructive criticism is solicited. It is nals in our society are committing be- unreligious Christian right. the ambition of the Committee of the tween two-thirds to 70 percent of the Let me move to the President's com- Revision of the Laws of the House of violent crimes, yet only serving 37 per- ments that have been conclusively Representatives," at that time, "was cent of their terms. stated that the bill contains the to perfect the code by correcting er- So what they are asking for is a "three-strikes-you're-out," 100,000 cops rors, eliminating an obsolete matter, tough crime bill with true truth-in-sen- on the beat, prison funding and, as I restating the law with logical com- tencing provisions. Now I understand said earlier, truth-in-sentencing provi- pleteness, with precision, brevity, and that the President likes to get out sions. You see, those are things which uniformity of expression." there and say there are truth-in-sen- appeal to the American people. Clinton You see, the crime issue: We should tencing provisions in the bill; but, you has not given the details about the be talking about the law. A successful know, they are tremendously watered plan in any of his statements. He has judicial system needs a proper balance down and weakened. The President only repeated that what defeated the between restitution, retribution, deter- knows that. But he knows that the bill was a, I quote, "procedural trick." rence, rehabilitation, and prevention. American people want to stop the re- He has not explained how the bill was What has occurred with the crime volving door on crime. So he throws so drastically weakened in the con- bill that came out after conference re- out the terminology at the same time ference. And I wonder why. 22912 CONGRESSIONAL RECORD-HOUSE August 17, 1994 If the bill was so wonderful, why does is not just the individual that decided and the communities safer?" I could he not let the American people in on to experiment with marijuana for the not look at an individual back in Indi- the big spending secret? first time. This also could be the ana in the face and in their eyes and You see, many of us are upset. We are moles, those individuals who are run- state with the passion and my convic- upset because the crime bill got away ning drugs, and in Indiana that impact tion and say it will. from its original intent. Many of you is real because they are running drugs Let me mention about the funding of are upset because, yes, we want to up from the South, whether it is from 100,000 police because I know many like build more prisons; but what happened the gulf, or from Miami, up 1-75, and to talk about the 100,000 police. I know to that House version of the bill was cut across 1-69, or up I-65 to Chicago or what many have already talked about, that there was a decrease in funding of to Detroit, and it is real, and to think that it really does not fund the 100,000 prisons by 50 percent. we would take those drug felons and police on the street that the President Now, someone on the other side of place them back on to the street is not and many others claim. the aisle would say, "No, STEVE, it is my idea of a tough crime bill. When the I think the American people would not 50 percent. There is $10.5 billion in American people say they want a tough like to see more police. I know that the funding of prisons." But, you know, crime bill, I believe they have in their there are communities that are folks, it is less $1.8 billion for the hous- image, in their mind, something of the strapped in the high tax, high crime ing of illegal aliens and $2.2 billion of Terminator, but what we have is some- areas that have high unemployment. I that is non-trust-fund spending, which thing that looks more like Mr. Whipple know that they are reaching out. is a nonappropriated fund. You may as squeezin' the Charmin. Sure, we would love to have better ef- well call it funny money. Part of the bill which has also upset ficiencies of their local government. I Attached to the prison funding were many is the social side. They call it the do not want the Federal Government to be a bailout for the inefficiencies of the truth-in-sentencing provisions. prevention. Yes, it is heavy in the pre- the local communities. But on this Yes, that is a Federal enticement to vention side, and we do need a balance issue of the 100,000 cops on the beat you say to the States, "Let's stop the re- with prevention. But what we do not the volving door." But as I said earlier, need is the out of balance. You see, ear- almost have to say, "What's- catch?" now they cannot access the funds with- lier when I had mentioned that we need You see, I view this provision as an out having to enact truth-in-sentenc- a system that balances between pre- entrapment of police funds. The simple ing provisions. vention, restitution, retribution, reha- examination of title one of section 1003 One of the funding mechanisms of bilitation, and deterrence, the Amer- of the conference report on page 20779 this bill I would like to discuss is that ican people have stood up and said, of the CONGRESSIONAL RECORD shows there is no true, accurate funding "Enough is enough. For 25-plus years there is now a way that this bill could mechanism of the crime bill. The crime we have had tremendous focus on the possibly fund police for our streets. bill is to be funded with a trust ac- rehabilitative side, poured money into You see, the bill provides $8.8 billion to count. the prevention side, and what has the be doled out at the discretion of the You see, there is no requirement that spending of $5 trillion of social pro- Attorney General for both new police- Federal spending actually meet all the grams since 1965 done for this society? now think of that, at the discretion of crime bill funding commitments. You It has escalated violent crimes by al- the Attorney General. You see, there see, what that does is set the stage for most 500 percent." are some of us that believe, that not possible nonbudgeted supplemental ap- It is almost like what happened to in- only these cops on the beat, but other propriations. dividual and personal responsibility. preventative programs should be hand- Next I would like to discuss retro- Yes, some of the prevention side of the ed out in block grants, not to be spent active applicability of the waivers of spending is good. I think that the at the discretion of the Attorney Gen- minimum mandatory sentences for statements by many about the mid- eral, or at HUD, or at other Federal first-time drug felons. Yes, you have night basketball and a lot of those pro- governmental agencies. heard many talk on the House floor visions are silly, and the American peo- You see, my fear is that politics will about the possibility of that impact, of ple view them as being silly. I think permeate on the issue. Just go to Mas- the release of up to 10,000 drug felons. what upsets a lot of us here is the plac- sachusetts, for example, and go ask Now, it is difficult to say what the ing of $1.8 billion of the Local Partner- two Republican Congressmen in Massa- exact number is going to be. But what ship Act of the failed stimulus package chusetts by the name of PETER BLUTE we do know is the impact of that meas- in a crime bill. It has no place in this and PETER TORKILDSEN. Ask them what ure. The impact of the measure is very crime bill. happened to the Federal grants for real. You see, earlier when I opened up, more police in the State of Massachu- According to the preliminary esti- when I talked about title 18 and the setts. You see, the money went to mates developed by the Federal Bureau law, it is because we should be talking other Congressional districts who are of Prisons, somewhere between 5,000 about a focus in on the deterrence, the Democrat Congressmen in Massachu- and 10,000 Federal prisoners could meet retribution, the law, and then seek the setts, and no money went to the two the eligibility requirements, as stated balance on the preventive side. Now I Republican districts in the State of in the bill, section 201. A sentence re- think the message of the American Massachusetts. duction hearing would likely be re- people has been very clear, and their Now, I have not analyzed where the quired to reduce a prisoner's sentence clear message is: funds have gone in other States, but each costing the judiciary about $2,500 What happened to deterrence? that bothers me a whole lot because per case. If 5,000 or 10,000 hearings were What happened to retribution? what that tells me is that politics are conducted, the cost to the judiciary What happened to victims' rights? permeating the issue of where moneys could be between $10.5 million and $25 We have had enough about the civil will be doled out. million, which would likely be incurred rights of criminals. Let us stop cod- So you say, "STEVE, just allow the in the first 2 or 3 years of the enact- dling the criminal with hug-a-thug discretion of this $8 billion-plus to be ment of the provision. type programs. Enough is enough. held in the hands of the capricious You see, I stand here and view this O 2220 hands of the President's Cabinet." I through the dimension of a Federal think not. We have had enough of fed- So, you know when the President prosecutor, and I say, "Will this crime eralism, federalism, the Federal Gov- gets out, and he talks about this being bill, if I were still in the U.S. attor- ernment, moving into the States and a tough crime bill, I do not think the ney's office, would this bill help? local communities as if this body has people have in mind the releasing of so Would it help me? Would it help mem- all the answers. I disagree. many Federal prisoners back into the bers of the community to have the You know, I noticed earlier one of circulation of society, and you know it streets, and the schools, and the parks, my colleagues commented that the August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22913 leader of the sheriffs' association here What I hear from my district has But that which really gets me is to in the United States is a Democrat been very clear on the issue thus far. have in this crime bill gun control. And sheriff from a county in South Carolina The Fifth District of Indiana, the calls at the same time this conference who said he is not going to access this. into my district are 16 to 1 against the stripped out the Senate provisions to He is not going to access it because the President's crime bill. When I did a get tough on criminals who use a weap- application process will be too bureau- survey of my district, I asked a few on, a gun, in the commission of a cratic and that he cannot, their county questions, and this is how they re- crime. cannot, afford the expense. sponded. On the floor of the Senate, PHIL You see, I was on the phone today Over 5,300 responses, from July 1 to GRAMM offered an amendment requir- also with a president of a county coun- July 31 of this year, to the question do ing 10 years in prison without parole cil in Marshall County, IN, by the you feel that crime control legislation for possessing a firearm during the name of John Zentz. He is president of should include truth-in-sentencing commission of a violent crime or drug the county council, and he said, guidelines which require criminals to felony, 20 years imprisonment without "STEVE, we cannot afford this pro- serve at least 80 percent of their sen- parole for discharging a firearm during gram." You see, they understand at the tences? 4,858, 92 percent, said yes, we the commission of a violent crime or local community that it is an entrap- want truth-in-sentencing provisions. drug felony, life imprisonment without ment. In order for them to access these So you see, when I want to stand up parole for murder, and the death pen- funds they must put up 25 percent of here on the House floor for truth-in- alty in aggravated cases. the costs of that new police officer, and sentencing provisions to stop the re- You see, this was stripped in con- then they are going to have to pay for, volving door, it is not stating just what ference. Now, think of that disconnect. they, the counties, will have to pay for, I want. It is the will of the people that They want to take guns away from the benefit package, health care and I represent in the Fifth Congressional law-abiding citizens, but, at the same health care insurance, any kind of life District of Indiana. time, let us not punish criminals who insurance, their retirement programs. On the issue of do you support the use a gun or discharge it or kill some- They will pick up the expense. So, they notion that gun control is crime con- one in the commission of a crime. Let fund 25 percent. They are going to have trol? 4,416, 84 percent of the 5,300 re- us not increase that. to pay for the equipment if they are sponses said no, they do not buy into Now, you see, the President is not going to have to go out and buy new that notion. saying that. He is not out there saying Now, there has been a lot of talk that squad cars. The local communities are that, because if the American people it is the NRA that is stopping the going to have to pick that up. The Fed- knew that, they would be tremen- crime bill. The NRA has played a part, eral Government will kick in the 75 dously upset. but that is not the sole cause. You see, So that is why I am here tonight. I percent. But the kicker is at the end of the crime bill got far away from its am here tonight to get the American the 5 years the local communities have original intent. I voted against Brady. people to understand there are many of to pay it all. I voted against the assault weapons us Now at the end of 5 years what magi- ban. in this body who are upset that the I am a strong supporter of the sec- crime bill was weakened. cally happens? Vesting. Vest. You see, ond amendment. that police officer has vested. But, you know, I recognize that what Now, I understand what happens 0 2230 we must go after is the criminal intent. here. That in order to get a crime bill You see, if I hold a knife in my right through this House, it is an incredible He becomes a permanent employee. juggling act. It is a juggling act be- It is a hidden tax increase to the local hand, and I hold a weapon, a gun which they seek to ban in my left hand, can cause you have Members who do not communities, who cannot afford it, and believe in the death penalty. You have they know it. That is why I received a you tell me which is the assault weap- on and which is the defensive weapon? Members who only want to do the so- call from the president of the county cial side or the preventive side. You council, to say Steve, I do not agree No. You see, what defines them is the have got those who really believe in with that carrot-and-stick approach. criminal's intent. If I choose the knife the coddling of the criminal. You have What I am hopeful for is that this in my right hand to either maim, dis- got those who say well, that is really body will move forward in a bipartisan figure, wound, or kill, and I come at not a mugger, that is just a socially fashion to address the crime issue. I you, and you choose the weapon that disadvantaged person who is reaching think if they listen to the will of the they seek to ban, the knife is the as- out for help. So he is not really a mug- American people, and I am very careful sault weapon based only on my intent, ger. Allow him to complete his trans- not to judge America by what happens and the defensive weapon is the gun. action so he can get back to a midnight in my district. Sometimes we get So the real assault weapon is the basketball game. caught in that. I have to remember thug, is the criminal. That is what de- Come on. The American people have about the concerns of my colleagues fines the assault weapon. seen through this crime bill. They do that come from big cities. I recognize So I get a little upset when I hear the in fact want a tough crime bill. And that this body at times, the Nation's "assault weapons ban." Does that being one of the 38 Republicans who agenda gets driven by the concerns of mean we are going to ban anything voted for the crime bill, I want a tough the big urban centers. that is used? Are we going to ban feet? crime bill. But I cannot support a I am keenly aware of that, because I Are we going to ban hands? Are we crime bill that does not move back to come from the rural areas. The rural going to ban an ink pen, if somebody conference and move in a bipartisan areas are individuals who are very uses an ink pen and stabs it into some- fashion. I cannot do it, and go back to pragmatic, who are steeped in tradi- one's heart? All of those are assault Indiana and look at Hoosiers in the tions and have great reverence. They weapons. Tire irons, screwdrivers, ice face and say "good deed." have known what it is like to do more picks. There are many things that Mr. Speaker, I include for the with less. They are not the ones with could be classified as an assault weap- RECORD the following newspaper arti- their hands out, looking for a handout, on. cle. when they have poorly run their own So I do not give in to the renaming. [From the New York Times News Service. local governments. So that is why ear- You see, there is that notion of gun Aug. 17, 1994] lier I said the Federal Government control is crime control, and I do not A VOTE AGAINST CRIME BILL IS A LESSON IN should not be the bailout. I recognize question the sincerity of the Members NEW POLITICS that as we discuss the issue of crime, of this body that believe that, because (By R.W. Apple, Jr.) we must remain responsible, exercise they believe it with all their sincerity. WASHINGTON.-Rep. Lee L. Hamilton car- public responsibility, and public politi- President Clinton believes that with all ries the look and the sound of small-town cal morality. his sincerity. America with him. He uses the phrase "visit 22914 (CONGRESSIONAL RECORD-HOUS:E August 17, 1994 with" to mean "talk to," he still wears his But he spoke with special emphasis about Mr. BURTON of Indiana, for 5 minutes, hair cut short and he has the same soft Hoo- the ban on assault weapons, which he voted today. sier manner that once made Herb Shriner a against when it first passed the House, al- Mr. Cox, for 5 minutes, today. popular humorist. though he had voted in favor of the Brady Mr. HEFLEY, for 5 minutes, today. But Hamilton, an Indiana Democrat, has law, which requires a five-day waiting period Mr. RAMSTAD, for 5 minutes, today. spent 30 years on the Potomac, and he is now before handguns can be purchased. a major player on Capitol Hill as chairman Such laws are far more popular in cities, Ms. PRYCE of Ohio, for 5 minutes, of the House Foreign Affairs Committee. He he conceded, than in the small towns and today. is invited to the bigtime parties in George- rural communities he represents; "in Indian- Mr. MANZULLO, for 5 minutes, today. town and at the White House (he was there apolis a gun Is a threat, but in DuBois or Mr. KINGSTON, for 5 minutes, today. for dinner recently with the Emperor and Spencer County it's a security device." Mr. EHLERS, for 5 minutes, on August Empress of Japan). He regularly gets ap- "This is an exceedingly divisive issue," 18, 19, 20, 21, and 22. proval ratings in the 70s and 80s from most Hamilton said, "but no one has shown me (The following Members (at the re- liberal groups and ratings in the 30s from any evidence that a ban would cut the crime quest of Mr. BARLOW) to revise and ex- most conservative organizations. rate." Hamilton is admired for his intellect. He pictured his vote as a matter of prin- tend their remarks and include extra- President Clinton, it is said, considered him ciple, but at the White House, it was seen as neous material:) last year for secretary of state and has a cave-in to political pressure. Asked why Mr. HOYER, for 5 minutes, today. thought of him, along with Walter F. Mon- Hamilton had voted as he did, a senior ad- Mr. KREIDLER, for 5 minutes, today. dale, as a candidate to succeed Warren Chris- viser to Clinton answered. Mr. OWENS, for 5 minutes, today. topher in that position. In short, he is some- "Guns. That's all it is." Ms. MCKINNEY, for 5 minutes, today. one the Democratic establishment considers In fact, Hamilton appears to be under no Mrs. MALONEY, for 5 minutes, today. one of its own. great pressure from anyone. Despite wide- Ms. ESHOO, for 5 minutes, today. So perhaps the most surprising element of spread talk of stripping him of his chairman- last week's surprising defeat of the crime Mr. FINGERHUT, for 5 minutes, today. ship as a disciplinary measure, something Mr. BISHOP, for 5 minutes, today. bill on a procedural motion was Lee Hamil- that would have been almost automatic 20 or Mr. ton's "no" vote. It is understandable only in 30 years ago, he said he had received no BARRETT of Wisconsin, for 5 min- terms of the two worlds he inhabits and threats from House colleagues and no calls utes, today. which one exerts the stronger influence in from the White House since the vote. (Be- Mrs. CLAYTON, for 5 minutes, today. today's politics. forehand, he was called by Vice President Al Mrs. MEEK, for 5 minutes, today. "It doesn't give me any joy to cast a vote Gore, whom he told that he had already pub- against President Clinton or any other presi- licly pledged to vote "no.") dent, for that matter," he said Tuesday. His hold on his district appears solid. He EXTENSION OF REMARKS "Would I like to see him get a victory when took 69 percent of the vote in 1992 and 70 in By unanimous consent, permission to he obviously needs one? Yes. Do I make that 1994, and his opponent this year, State Sen- my first or my second priority? No. revise and extend remarks was granted ator Jean Leising, is given little chance. to: The basic nature of American politics has There has been no burst of editorial com- changed. I don't get elected because of what ment on his vote, and John Gilkey, manag- (The following Members (at the re- Bill Clinton thinks or what the House leader- ing editor of The Evening News in Jefferson- quest of Mr. ZIMMER) and to include ex- ship thinks. The electorate makes up its own ville, said that even the assault-gun ban "is traneous matter:) mind. That inevitably means that presidents not really an overwhelming concern to peo- Mr. SAM JOHNSON of Texas. have a lot less clout with Congress than they ple here," The main complaints have come Mr. LEWIS of Florida. used to have. All presidents, I mean. It's also true, of course, that when a presi- from local police chiefs. Dean Marble, the Mr. PACKARD. chief in Clerk County, said he was "really dent is riding high his influence goes up, and Mr. SOLOMON. disappointed" because additional officers when a president is in the dumps, the way Mr. DELAY. were "desperately needed In the country" Clinton is, his influence declines." Mrs. MORELLA. and money was not available. Hamilton lives in Nashville, Brown Coun- Mr. SANTORUM. ty, Indiana (population 873) and represents Mr. CRANE. most of southeastern Indiana, an 18-county LEAVE OF ABSENCE Mr. ZELIFF. region whose biggest town is Jeffersonville, (The following Members (at the re- across the Ohio River from Louisville, Ky. By unanimous consent, leave of ab- People there tend to be conservative quest of Mr. BARLOW) and to include sence was granted to: extraneous matter:) Democrats; many trace their roots back to Mr. MORAN (at the request of Mr. the "Butternut" Democrats from the South Mr. NADLER. GEPHARDT) for today, on account of ill- who settled in the area. And they are much Mr. BRYANT. more suspicious of government spending and ness in the family. Mr. OBERSTAR. gun control and social engineering than peo- Mr. BECERRA (at the request of Mr. Mr. MILLER of California. ple in Washington or, for that matter, Indi- GEPHARDT) for today, on account of of- Mr. REED. anapolis. ficial business in the district. Mr. MARKEY. "They elect Lee Hamilton," an old friend Mr. DERRICK (at the request of Mr. Mr. GORDON. said, "because they know that deep down, GEPHARDT) from 2 p.m. today, on ac- there's a wide streak of Scottish conserv- Mr. HAMILTON in two instances. count of illness. atism in there." Mr. RUSH in two instances. Hamilton certainly sounded conservative Mr. UNDERWOOD in two instances. as he discussed his vote in an interview SPECIAL ORDERS GRANTED (The following Members (at the re- Tuesday morning. He said he liked some quest of Mr. BUYER) and to include ex- things in the bill, such as the provisions for By unanimous consent, permission to traneous matter:) more police officers and more prisons, but he address the House, following the legis- Mrs. SCHROEDER. argued that Congress "can do better" and lative program and any special orders Mr. KREIDLER. that if it did not, no bill was preferable to heretofore entered, was granted to: one he considered deeply flawed. Ms. BROWN of Florida. (The following Members (at the re- How? Well, the congressman said, he found Mr. BUYER. the financing of the new programs "very quest of Mr. ZIMMER) to revise and ex- shaky," in fact "largely phony," because tend their remarks and include extra- they would be paid for by savings within the neous material:) ENROLLED BILLS SIGNED federal bureaucracy that would never be Mr. DORNAN, for 5 minutes, today. Mr. ROSE from the Committee on made. Mr. DOOLITTLE, for 5 minutes, today. House Administration, reported that There was "a lot of stuff that doesn't be- Mr. SHAYS, for 5 minutes, today. that committee had examined and long in a crime bill," he added, like $300 mil- lion for economic development, and "another Mr. TAYLOR of North Carolina, for 5 found truly enrolled bills of the House job training program, when we already have minutes, today. of the following titles, which were about 20 and the vice president has been run- Mr. DUNCAN, for 5 minutes, on August thereupon signed by the Speaker: ning around saying we need to consolidate 18. H.R. 2815. An act to designate a portion of them." Mr. WOLF, for 5 minutes, today. the Farmington River in Connecticut as a August 17, 1994 CONGRESSIONAL RECORD-HOUSE 22915 component of the National Wild and Scenic ending September 30, 1995, and making sup- claims under the workers compensation pro- Rivers System. plemental appropriations for these depart- visions of title 5. United States Code, to fol- H.R. 4812. An act to direct the Adminis- ments and agencies for the fiscal year ending low certain procedures in seeking medical trator of General Services to acquire by September 30, 1994, and for other purposes opinions; to the Committee on Education transfer the Old U.S. Mint in San Francisco, (Rept. 103-709). Referred to the House Cal- and Labor. California, and for other purposes. endar. By Mr. KREIDLER (for himself, Mr. MURPHY, Mr. FRANK of Massachu- setts, Mr. BARLOW, Mr. MARTINEZ, ADJOURNMENT SUBSEQUENT ACTION ON A RE- Mr. OBERSTAR, Mr. JACOBS, Mrs. PORTED BILL SEQUENTIALLY UNSOELD, Ms. EDDIE BERNICE JOHN- Mr. BUYER. Mr. Speaker, I move REFERRED SON of Texas, Mr. TORRES, Mr. VENTO, that the House do now adjourn. Mr. WYDEN, Mr. SYNAR, and Mr. The motion was agreed to; accord- Under clause 5 of rule X the following JOHNSTON of Florida): ingly (at 10 o'clock and 40 minutes action was taken by the Speaker: H.R. 4979. A bill to require the administra- p.m.) the House adjourned until tomor- Referral of H.R. 2680 to the Committee on tive agency responsible for adjudicating row, Thursday, August 18, 1994, at 10 Government Operations extended for a pe- claims under the workers compensation pro- a.m. riod ending not later than August 18, 1994. visions of title 5, United States Code, to se- lect board-certified physicians to provide second opinions; to the Committee on Edu- PUBLIC BILLS AND RESOLUTIONS EXECUTIVE COMMUNICATIONS, cation and Labor. By Mr. LEWIS of Kentucky (for him- ETC. Under clause 5 of rule X and clause 4 of rule XXII, public bills and resolu- self, Mr. BUNNING, Mr. ROGERS. Mr. Under clause 2 of rule XXIV, execu- MAZZOLI, Mr. BAESLER, and Mr. BAR- tions were introduced and severally re- tive communications were taken from LOW): ferred as follows: the Speaker's table and referred as fol- H.R. 4980. A bill to designate the bridge on lows: By Ms. DUNN: U.S. Route 231 which crosses the Ohio River H.R. 4973. A bill to amend title 18, United between Maceo, KY, and Rocport, IN, as the 3713. A letter from the Secretary, Depart- States Code, to make it unlawful for any per- "William H. Natcher Bridge": to the Com- ment of Defense, transmitting the 1994 Joint son to knowingly possess stolen firearms or mittee on Public Works and Transportation. Military Net Assessment, pursuant to 10 stolen ammunition; to the Committee on the By Mrs. SCHROEDER (for herself, Mr. U.S.C. 113(j)(1); to the Committee on Armed Judiciary. MARKEY, and Ms. MARGOLIES- Services. By Mr. EVANS (for himself, Mr. CLAY, MEZVINSKY): 3714. A letter from the Assistant Secretary Mr. JEFFERSON, Mr. BARLOW, Mr. LI- H.R. 4981. A bill to amend certain Federal for Legislative Affairs, Department of State, PINSKI, Mr. LEACH, Mr. GUTIERREZ, civil rights statutes to prevent the involun- transmitting notification of a proposed man- Mr. COSTELLO, Mr. OBERSTAR, Mr. tary application of arbitration to claims ufacturing license agreement with the Re- WHEAT, Mr. BAKER of Louisiana, Mr. that arise from unlawful employment public of Korea (Transmittal No. DTC-27-94), SANGMEISTER, Mr. MONTGOMERY, Mrs. discriminaton based on race, color, religion, pursuant to 22 U.S.C. 2776(c); to the Commit- LLOYD, and Mr. FORD of Tennessee): sex, national origin, age, or disability: and tee on Foreign Affairs. H.R. 4974. A bill to amend the Mississippi for other purposes; jointly, to the Commit- 3715. A letter from the Assistant Secretary River Corridor Study Commission Act of 1989 tees on Education and Labor and the Judici- for Legislative Affairs, Department of State, to extend the term of the Commission estab- ary. transmitting notification of a proposed man- lished by such act; to the Committee on Nat- By Mr. TORKILDSEN: ufacturing license agreement with Finland ural Resources. H.R. 4982. A bill to improve the enforce- (Transmittal No. DTC-26-94), pursuant to 22 By Mr. DREIER (for himself and Mr. ment of child support obligations in both U.S.C. 2776(c); to the Committee on Foreign KOLBE): intrastate and interstate cases by requiring Affairs. H.R. 4975. A bill to amend the Balanced the imposition and execution of liens against 3716. A letter from the Assistant Secretary Budget and Emergency Deficit Control Act the property of persons who owe overdue for Legislative Affairs, Department of State, of 1985 to exclude changes in tariffs from the support; to the Committee on Ways and transmitting notification of a proposed ap- paygo scorecard and to amend the Congres- Means. proval of manufacturing license agreement sional Budget and Impoundment Control Act By Mr. VOLKMER: with Japan (Transmittal No. DTC-28-94), of 1974 to exempt changes in tariffs from cer- H.R. 4983. A bill to amend title IV of the pursuant to 22 U.S.C. 2776(d); to the Commit- tain points of order; jointly, to the Commit- Social Security Act by reforming the Aid to tee on Foreign Affairs. tees on Government Operations and Rules. Families with Dependent Children Program, 3717. A letter from the Assistant Secretary By Mr. HANSEN (for himself, Mr. and for other purposes; jointly, to the Com- of State for Legislative Affairs, transmitting SKEEN, Mr. BILBRAY, and Mr. PAS- mittees on Ways and Means, Education and copies of the original report of political con- TOR): Labor, Energy and Commerce, and Agri- tributions by Robert Edward Service, of Cali- H.R. 4976. A bill to amend the Colorado culture. fornia, to be Ambassador to the Republic of River Basin Salinity Control Act to author- By Mr. DREIER (for himself, Mr. GING- Paraguay, and members of his family, pursu- ize additional measures to carry out the con- RICH, Mr. ARMEY, Mr. ARCHER, Mr. ant to 22 U.S.C. 3944(b)(2); to the Committee trol of salinity upstream of Imperial Dam In CRANE, Mr. KOLBE, Mr. ROBERTS, Mr. on Foreign Affairs. a cost-effective manner; to the Committee SAXTON, Mr. EWINo, Ms. DUNN, and 3718. A letter from the Assistant Secretary on Natural Resources. Mr. KNOLLENBERG): for Legislative Affairs, Department of State, By Mr. KREIDLER (for himself, Mr. H. Con. Res. 284. Concurrent resolution ex- transmitting a copy of Presidential Deter- MURPHY, Mr. FRANK of Massachu- pressing the sense of the Congress with re- mination No. 94-32: RFE/RL Relocation, pur- setts, Mr. BARLOW, Mr. MARTINEZ, spect to funding for the Uruguay round of suant to Public Law 103-236, section Mr. OBERSTAR, Mr. JACOBS, Mrs. GATT negotiations; to the Committee on 308(k)(2)(B) (108 Sta. 439); to the Committee UNSOELD, Ms. EDDIE BERNICE JOHN- Ways and Means. on Foreign Affairs. SON of Texas, Mr. TORRES, Mr. VENTO, By Mr. DELLUMS: Mr. WYDEN, Mr. SYNAR, and Mr. H. Con. Res. 285. Concurrent resolution di- JOHNSTON of Florida): recting the Secretary of the Senate to make REPORTS OF COMMITTEES ON H.R. 4977. A bill to change the appeals technical corrections in the enrollment of S. PUBLIC BILLS AND RESOLUTIONS process in the workers compensation provi- 2182; considered and agreed to. Under clause 2 of rule XIII, reports of sions of title 5, United States Code; to the By Mr. BALLENGER (for himself and Committee on Education and Labor. Mr. HAMILTON): committees were delivered to the Clerk By Mr. KREIDLER (for himself, Mr. H. Con. Res. 286. Concurrent resolution rec- for printing and reference to the proper MURPHY, Mr. FRANK of Massachu- ognizing the contribution of President calendar, as follows: setts, Mr. BARLOW, Mr. MARTINEZ, Alfredo Christiani of El Salvador to achieve Mr. BEILENSON: Committee on Rules. Mr. OBERSTAR, Mr. JACOBS, Mrs. peace and national reconciliation in El Sal- House Resolution 523. Resolution waiving UNSOELD. Ms. EDDIE BERNICE JOHN- vador; to the Committee on Foreign Affairs. points of order against the conference report SON of Texas, Mr. TORRES, Mr. VENTO, By Ms. DUNN (for herself, Mr. DEAL, to accompany the bill (H.R. 4603) making ap- Mr. WYDEN, Mr. SYNAR, and Mr. Mr. HYDE, Mr. SMITH of New Jersey, propriations for the Departments of Com- JOHNSTON of Florida): Mr. KYL, Mrs. FOWLER, MS. MOLINARI, merce, Justice, and State, the Judiciary, and H.R. 4978. A bill to require the administra- Mr. ZIMMER, Mr. CUNNINGHAM, Mrs. related agencies programs for the fiscal year tive agency responsible for adjudicating ROUKEMA, Mr. SAXTON, Mr. FRANKS of 22916 CONGRESSIONAL RECORD-HOUSE August 17, 1994 New Jersey, Mr. MANZULLO, and Mr. ADDITIONAL SPONSORS H.J. Res. 382: Mr. BISHOP and Mr. MURTHA. CRAPO): H.J. Res. 397: Mr. EMERSON, Mr. THOMPSON, Under clause 4 of rule XXII, sponsors H. Res. 524. Resolution providing for the Mr. PASTOR, Mr. FROST, Mr. TOWNS, Mr. consideration of the bill (H.R. 3990) to pro- were added to public bills and resolu- MCNULTY, Mr. FOGLIETTA, Mr. COPPERSMITH, vide protection from sexual predators; to the tions as follows: Mr. REYNOLDS, Mr. REED, Mr. QUINN, Mrs. Committee on Rules. H.R. 127: Mr. BEREUTER, Mr. COPPERSMITH, MEYERS, of Kansas, Mr. MCKEON, Mr. MANN Mr. FROST, Mr. COYNE, Mr. MILLER of Cali- Mr. LAROCCO, Mr. PETE GEREN of Texas, Ms. fornia, Mrs. VUCANOVICH, and Mr. DE LUGO. WOOLSEY, Mr. SCHIFF, and Ms. WATERS. H.R. 1110: Mr. DELAY. H. Con. Res. 148: Mr. GILMAN. H.R. 1164: Mr. KENNEDY. H. Con. Res. 251: Mr. LANTOS, Mrs. MEYERS MEMORIALS H.R. 1190: Mr. DORNAN. of Kansas Mr. ROHRABACHER, Mr. MCCLOSKEY H.R. 2420: Mr. SOLOMON. Mr. SMITH of New Jersey, Mr. OBERSTAR, Mr. Under clause 4 of rule XXII, memori- H.R. 2586: Mr. SYNAR. TRAFICANT, Mr. HALL of Texas, Mr. SERRANO, als were presented and referred as fol- H.R. 2910: Mr. BEREUTER, Mr. CANADY, and Mr. MILLER of California, Mr. LIPINSKI, Mr. lows: Mr. HANSEN. PORTER, Mr. MORAN, and Mr. McNULTY. 460. By the SPEAKER: Memorial of the H.R. 3251: Mr. CRANE, Mr. SENSENBRENNER, H. Con. Res. 255: Mr. SHAYS and Mr. DUN- General Assembly of the State of California, and Mr. BARCA of Wisconsin. CAN. relacive to Norton Air Force Base; to the H.R. 3270: Mr. ANDREWS of Texas. H.R. 3722: Mr. UNDERWOOD. H. Res. 430: Mr. GINGRICH, Mr. MENENDEZ, Committee on Armed Services. H.R. 3782: Mr. KLUG, Mr. DEUTSCH, Mr. ZIM- and Mr. MANTON. 461. Also, memorial of the General Assem- MER, and Mr. WYNN. H. Res. 472: Mr. WELDON and Mr. bly of the State of California, relative to H.R. 3897: Mr. FINGERHUT. BALLENGER. women's health care; to the Committee on H.R. 4116: Mr. JOHNSON of South Dakota. H. Res. 485: Mr. LEWIS of Florida, Mr. TAL- Energy and Commerce. H.R. 4210: Ms. MARGOLIES-MEZVINSKY, Mr. ENT, Mr. GRAMS, Mr. COOPER, and Mr. 462. Also, memorial of the General Assem- HOLDEN, Mr. HUFFINGTON, Mr. RIDGE, and Mr. FRANKS, of New Jersey. bly of the State of California, relative to the MANTON. Federal Safe Drinking Water Act; to the H.R. 4260: Mr. GUNDERSON. Committee on Energy and Commerce. H.R. 4375: Mr. EVANS. 463. Also, memorial of the General Assem- H.R. 4411: Mr. VISCLOSKY. DELETIONS OF SPONSORS FROM bly of the State of California, relative to H.R. 4449: Mr. ACKERMAN, Mr. BARRETT of PUBLIC BILLS AND RESOLUTIONS human rights violations and political oppres- Wisconsin, Mr. BOEHLERT, Mr. DELLUMS, Mr. sion in Vietnam; to the Committee on For- EVANS, Mr. ENGEL, Mr. FOGLIETTA, Mr. Under clause 4 of rule XXII, sponsors eign Affairs. HILLIARD, Mr. HOCHBRUECKNER, Mr. HUGHES, were deleted from public bills and reso- 464. Also, memorial of the General Assem- Mr. OWENS, Mr. SERRANO, and Ms. lutions as follows: bly of the State of California, relative to law VELAZQUEZ. H.R. 140: Mr. ZIMMER. enforcement; to the Committee on the Judi- H.R. 4541: Mr. HAMILTON, Mr. BURTON of In- ciary. diana, Mr. ACKERMAN, Mr. HASTINGS, Mr. ED- 465. Also, memorial of the General Assem- WARDS of California, Mr. ENGEL, Mr. BERMAN, bly of the State of California, relative to the Mr. GEJDENSON, Mr. LANTOS, Mr. BACCHUS of PETITIONS, ETC. imprisonment of undocumented alien crimi- Florida, Mrs. MEEK of Florida, Mr. PENNY, nals in Federal prisons; to the Committee on Mr. BARRETT of Wisconsin, Mr. DELLUMS, Mr. Under clause 1 of rule XXII, petitions the Judiciary. WYNN, Mr. OBERSTAR, Mr. WASHINGTON, Mr. and papers were laid on the Clerk's 466. Also, memorial of the General Assem- HUGHES, Mr. MCCLOSKEY, Ms. BROWN of Flor- desk and referred as follows: bly of the State of California, relative to de- ida, Ms. EDDIE BERNICE JOHNSON of Texas, 118. By the SPEAKER: Petition of the at- portation of the spouses and children of per- Mr. RANGEL, Mr. DE LUGO, Mr. HOUGHTON, torney general of the State of Arizona, rel- manent U.S. residents; to the Committee on Mr. HILLIARD, Mr. REYNOLDS, Mrs. CLAYTON, ative to State health care fraud control the Judiciary. Mr. CONYERS, Mr. JEFFERSON, Mr. HALL of units; to the Committee on Energy and Com- 467. Also, memorial of the General Assem- Ohio, Mr. WALSH, Mr. KLEIN, Mr. RUSH, Mr. merce. bly of the State of California, relative to LEACH, Ms. FURSE, Mr. MFUME, Mr. BONIOR, 119. Also, petition of the attorney general hate crimes; to the Committee on the Judici- Mr. DURBIN, Mr. WATT, and Mr. SYNAR. of the State of Texas, relative to State ary. H.R. 4548: Mr. ABERCROMBIE. health care fraud control units; to the Com- 468. Also, memorial of the General Assem- H.R. 4643: Mr. SMITH of Oregon. mittee on Energy and Commerce. H.R. 4699: Mr. MINGE and Ms. DELAURO. bly of the State of California, relative to Il- 120. H.R. 4780: Mr. ORTON, Mr. MORAN, Mr. Also, petition of the attorney general legal aliens; to the Committee on the Judici- of North Carolina, Mr. KLINK, Mr. of the State of Michigan, relative to State ary. PRICE PARKER, Mr. DINGELL, Mrs. KENNELLY, and health care fraud control units; to the Com- 469. Also, memorial of the General Assem- Mr. MILLER of California. mittee on Energy and Commerce. bly of the State of California, relative to H.R. 4792: Mr. GUNDERSON. 121. Also, petition of the attorney general gaming on cruise ships; to the Committee on H.R. 4802: Mr. SANDERS, Mr. SCHUMER, Mr. of the State of New Mexico, relative to State Merchant Marine and Fisheries. GENE GREEN of Texas, Mr. CALVERT, Mr. health care fraud control units; to the Com- 470. Also, memorial of the General Assem- POMEROY, and Ms. KAPTUR. mittee on Energy and Commerce. bly of the State of California, relative to the H.R. 4810: Ms. VELAZQUEZ and Mr. FILNER. 122. Also, petition of the Department of New River; to the Committee on Public H.R. 4851: Mr. PARKER, MR. APPLEGATE, Mr. Public Safety of the State of Utah, relative Works and Transportation. CLAY, Mr. MCNULTY, Mrs. COLLINS of Illinois, to State health and care fraud control units; 471. Also, memorial of the General Assem- Mr. ACKERMAN, Ms. FURSE, and Mr. REYN- to the Committee on Energy and Commerce. bly of the State of California, relative to rec- OLDS. 123. Also, petition of the attorney general ognition of capital loss on the sale of a prin- H.R. 4860: Mr. VISCLOSKY of the State of Minnesota, relative to State cipal residence; to the Committee on Ways H.R. 4902: Ms. PRYCE of Ohio. health care fraud control units; to the Com- and Means. H.R. 4944: Mr. DORNAN and Mr. RICHARDSON. mittee on Energy and Commerce. 472. Also, memorial of the General Assem- H.J. Res. 338: Mr. MCDERMOTT, Mr. ROE- 124. Also, petition of the attorney general bly of the State of California, relative to the MER, and Mr. VISCLOSKY. of the State of North Carolina, relative to Federal income tax personal exemption; to H.J. Res. 362: Mr. MEEHAN, Mr. JOHNSON of State health care fraud control units; to the the Committee on Ways and Means. South Dakota, and Mr. THOMPSON. Committee on Energy and Commerce. August 17, 1994 EXTENSIONS OF REMARKS 22917 EXTENSIONS OF REMARKS

HOW TO START REFORMING THE Through my office, I've been communicating judicial review to Federal employees. The right OWCP with caseworkers who say, with unmistakable to access the court will provide finality and clarity, that the OWCP has serious structural clarity in the OWCP claims process. And it HON. MIKE KREIDLER and procedural problems that need to be re- would serve as a check on arbitrary decisions OF WASHINGTON formed. They say the OWCP is structured and by the Employees' Compensation Review IN THE HOUSE OF REPRESENTATIVES administered to receive a high volume of rel- Board. atively routine cases expeditiously. The Physician fees.-The OWCP pays high fees Wednesday, August 17, 1994 OWCP, they say, is competent at this task, to the Government physicians who evaluate Mr. KREIDLER. Mr. Speaker, in Colorado, and the vast majority of its work force handles the claims for the agency. In many cases, there is an injured Federal employee who is this function with a high level of professional- these fees are four to five times as high as the contemplating suicide because he sees his in- ism. fee paid to the attending physician. My bill re- surance policy as his only apparent means of But once a case evolves beyond the rou- quires that the fees paid to Government physi- providing for his family. tine, the OWCP's procedures and administra- cians shall not exceed the fees paid for the In California, a Vietnam war hero came tion disintegrate to the point where many claimant's physician. It also requires the Gov- close to bankruptcy twice, lost a chance at caseworkers, and many medical specialists, ernment to make payments to claimants' phy- buying a home, relinquished his military re- believe the rights and the needs of injured sicians within 60 days; currently, many physi- serve pay, and lost thousands of dollars in Federal employees are routinely placed in cians wait over a year to be paid. wages-thanks to a dog bite while delivering jeopardy. Second, hand picked doctors: The General the mail. I've prepared three bills to begin addressing Accounting Office, in a February 1994 report, In New Jersey, a Federal employee went 3 this situation. These bills are only a beginning; noted that when the OWCP assigns a physi- years without pay or compersation, liquidated a comprehensive package is required, but cian to conduct an initial examination of an in- all his financial assets and "sold anything I should be preceded by oversight hearings into jured Federal employee, it is legally required could" to get money, and was then fired, over the entire scope of OWCP operations-hear- to use an impartial selection process. This, a herniated disk. ings which we haven't seen for years. These however, is not the case for a second-opinion In Washington, a trusted nI.val shipyard em- bills get at a variety of problems, including: examination. Instead, the GAO found that ployee is threatened, lied to, humiliated, inter- First, appeals and judicial review: The bill while there is no conclusive evidence of bias, rogated, called names, spied on, and fired, be- makes statutory changes in the operation of three out of five OWCP districts "used either cause he injured his back on ihe job. the Federal Employees' Compensation Act, a manual card file, their own automated In Georgia, the underccver agent who generally by borrowing from the Social Secu- database systems, or other sources to select cracked the biggest bribery case in IRS history rity program a series of statutory and regu- second-opinion physicians." These practices saw 11 doctors who declared him totally and latory policies designed in part to accomplish give rise to the belief that in some cases the permanently disabled, linking his problems to the following: OWCP handpicks physicians in the hope of the stress of undercover wcrk. And still the Shorten the time it takes to pay compensa- achieving predetermined outcomes to the det- Government insisted he see more doctors. tion.-One of the major flaws in the current riment of the claimant. "This [harassment]" he said, "is killing me." administration of OWCP is the time it takes to The second-opinion physician plays a cru- In Michigan, a Federal employee requires begin payment of compensation. For far too cial role in the OWCP process. Following a re- ongoing physical therapy to have a relatively many claimants, the wait is from 6 to 12 view of the second-opinion physician's report, pain-free life following an on-the-job injury. De- months for approval, with an additional 3 a claims examiner may find that the second- nial of therapy leads to severe pain, but her months to receive retroactive compensation. opinion physician and the claimant's physician therapy is constantly hindered by the Govern- Some cases I know of are approaching 4 agree and, in these cases, continue with the ment's failure to approve continued treatment. years in length for a decision on the initial adjudication process. If, on the other hand, the This is the dark side of the Federal Employ- claim-incredible, but not unusual. Because of views of the second-opinion physician and the ees' Compensation Act, a side filled with tre- these delays, many injured workers have their claimant's physician disagree, OWCP is re- mendous amounts of pain and suffering, with cars repossessed, their homes foreclosed quired to appoint yet another physician to re- inexcusable chaos, with an overwhelming and upon, and their credit reputation ruined. Sev- solve the medical issues. under prepared bureaucracy, a tangle of pro- eral provisions of my bill shorten this period. My second bill, therefore, requires the cedures, overly protective managers, and a Expedite appeals.-The Employees' Com- OWCP to use a strictly impartial system for clientele all too frequently living on the very pensation Appeals Board has jurisdiction over the selection of all second-opinion physicians, edge of harrowing personal tragedy. any appeal filed by a person adversely af- to eliminate any allegation that a second-opin- It is also a side the Department of Labor fected by a final OWCP decision. However, ion physician had been handpicked by the would prefer you to ignore. according to a 1992 memorandum from the OWCP. Indeed, the GAO wrote in February The Department of Labor, which administers House Education and Labor Committee, the that unless the OWCP moves to an unbiased the Federal Employees' Compensation Act, in- Employees' Compensation Appeals Board selection process there will be "continued per- stead wants you to focus on the generosity of "seems to lack both the will and authority to ceptions of bias by claimants whose benefits a program which pays out nearly S1.7 billion impose its decision on OWCP." Further, the are terminated." a year in compensation, death and medical committee memo said, "the perception of un- Third, medical certification: When an OWCP expenses. The Department is proud of the role fairness in the FECA program is exacerbated examiner has questions about medical evi- it plays in helping 260,000 Federal workers by the fact that appeals are conducted by the dence following case file reviews, the exam- with job-related injuries or occupational dis- same organization [OWCP] that initially re- iner can request additional information from a eases, and that 88 percent of all workers' viewed and denied a claim." My bill eliminates claimant's physician or by scheduling the compensation cases are approved either ini- the Appeals Board and replaces it with hear- claimant for exams by second-opinion physi- tially or on appeal. ings before Administrative Law Judges. cians. Second-opinion exams may also be But all across our country, congressional Judicial review.-Federal employees are the conducted first, when surgery is recommended caseworkers know there is an entirely different only employees in the United States who are for certain medical conditions, and second, to story of how the Department administers the not entitled to access the courts to contest an determine the extent to which an injured work- program through its Office of Workers' Com- adverse denial of workers' compensation er has lost the partial or complete use of a pensation Programs. claims. My bill gives the fundamental right of body part.

® This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 22918 EXTENSIONS OF REMARKS August 17, 1994 Remarkably, considering the important role November as the longest-serving Bay Area HEALTH CARE REFORM played by the second-opinion physician, the Rapid Transit [BART] director on the current OWCP does not require second-opinion physi- board. HON. RON PACKARD cians to be certified by a board of medical Nello has been a fixture, a voice for mass OF CALIFORNIA specialties. My third bill requires this certifi- transit and for creative management and plan- IN THE HOUSE OF REPRESENTATIVES cation. Wednesday, August 17, 1994 Again, these bills represent only a start-but ning since he was first appointed to the board a much needed start-at reforming the Office by the Contra Costa Board of Supervisors in Mr. PACKARD. Mr. Speaker, like those old- of Workers Compensation Programs. 1969. He has won election after election time snake oil salesmen, President Clinton I introduce these bills today with an out- since. and the liberal leadership hawk the Clinton- standing group of original cosponsors, and I Gephardt bill as a health care system cure all. Nello has resided in the bay area for over But just like snake oil, their remedy for reform very much appreciate the support of Rep- 50 years, where he has made contributions as resentatives AUSTIN MURPHY, BARNEY is a sham. FRANK, a businessman, community leader, and as an TOM BARLOW, MATTHEW MARTINEZ, JAMES They claim that the Clinton-Gephardt bill is OBERSTAR, ANDY JACOBS, JOLENE UNSOELD, exemplary citizen. Nello has been associated a cost-containment measure. But if you look at EDDIE BERNICE JOHNSON, ESTEBAN EDWARD with the Richmond Boys Club, the National the ingredients, you find the same old pre- TORRES, BRUCE VENTO, RON WYDEN, MIKE Safety Council, the Salvation Army Advisory scription the liberals in Congress always dole SYNAR, and HARRY JOHNSTON. Board, and the American Public Transit Au- out: More government bureaucracy mixed in thority. with higher taxes. If the American public is forced to swallow TRIBUTE TO VINCENT BRUNHARD, Nello also served on the Richmond City this brew, the side effects could be deadly: SR. Council, as well as on numerous citywide health care rationing and reduced quality. This commissions. His contributions to the bay area is hardly, what the American people want from HON. TOM LEWIS have been substantive and lasting, but none health care reform. The proposal calls for a national health cost OF FLORIDA more so than his 25 years of public service on the BART Board of Directors. commission to monitor the growth of health IN THE HOUSE OF REPRESENTATIVES care expenditures. A group of unelected bu- Wednesday, August 17, 1994 Nello has served in a variety of capacities reaucrats would decide what care they feel is for BART. He has served as the president and Mr. LEWIS of Florida. Mr. Speaker, today it appropriate for Americans. Mr. Speaker, I al- vice president of the BART Board of Directors is my pleasure to honor a distinguished citizen ways thought that was the doctor's job. from my district. Mr. Vincent Brunhard, Sr., of five times during his quarter century on the The cost of global budgets and price con- Lake Worth, FL, has made many outstanding board. During his tenure on the board, Direc- trols would fall squarely on middle-class pa- contributions to all of Palm Beach County, par- tor Bianco has been the chair and vice chair, tients. Meeting the Clinton-Gephardt global ticularly in the Polish-American community. and served on every BART committee. budget goals would require a 24 percent re- duction in available health care resources by His entire life, Mr. Brunhard has actively He has been instrumental in implementing contributed to American society and the entre- the year 2000--effectively rationing one quar- many changes to the BART system, particu- ter of our health care system. preneurial spirit by establishing and operating larly the extension projects that will bring serv- many successful businesses. This will reduce quality and access to care. ice to eastern Contra Costa County and por- As an active member of the Polish Cultural Doctors and hospitals would no longer provide tions of Alameda County. He headed Society of the Palm Beaches, he served as the com- the best, most advanced, most sophisticated one of the first presidents of the society. His mittees that negotiated San Mateo County's care. Instead, patients can look forward to commitment extended to serving as an officer unique S200 million buy-in to BART, which ini- long lines and delays, if they can get health for the next 10 years. In addition, he has been tiated construction of the long awaited BART care at all. Mr. Speaker, an active member of the Knights of Columbus, extensions in east bay cities-Martinez, Pitts- what the American people and many other civic organizations, contribut- burg, and Antioch-and the San Francisco need is not more feel-good tonic, but real ing to the quality of life for all Palm Beach International Airport. medicine. They need health care reform that County residents. will work. I urge my colleagues to read the Nello was also instrumental in bringing the Dole plan and the Michel plan. They contain One of his most notable achievements is Morrison-Knudsen BART car construction the organization of the first gala event, "A real cost-containment measures which will not plant to Pittsburg. Once Night in Old Warsaw," which is recognized as the company won a threaten the quantity and quality of our health a special event throughout Palm Beach Coun- contract to build new BART cars, Bianco en- care resources. ty. couraged the company to manufacture the Mr. Brunhard will be honored this November cars in an old steel plant in Pittsburg. This will SALUTE TO GEOFFREY B. AVILA 13, 1994, for his lifetime of accomplishments. create hundreds of jobs in the Pittsburg com- The Polish Legion of American Veterans hon- munity, as well as a needed economic boost. HON. JACK REED ors Mr. Brunhard with a national honorary Director Bianco's long reign as BART direc- OF RHODE ISLAND membership. tor comes to an end in November with the ex- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I am proud today to recognize piration of his term. His dedication and com- Vincent Brunhard, on behalf of Post 202 of the Wednesday, August 17, 1994 mitment to the people of the bay area will be Polish Legion of American Veterans, U.S.A. Mr. REED. Mr. Speaker, I rise today to sa- He is truly an exemplary citizen, and I am missed by all. The contributions he has made lute a distinguished young man from Rhode proud to represent him in the House of Rep- have affected nearly every resident of the Island who has attained the rank of Eagle resentatives. area, as well as many others. His efforts and Scout in the Boy Scouts of America. He is hard work will be missed, but his many ac- Geoffrey B. Avila of Troop 6 in Bristol, RI, and complishments will be enjoyed by bay area he is honored this week for his noteworthy TRIBUTE TO NELLO BIANCO residents for years to come. achievement. Nello Bianco and I have been engaged in Not every young American who joins the Boy Scouts earns the prestigious Eagle Scout HON. GEORGE MILLER local politics in the east bay for many years to- Award. In fact, only 2.5 percent of all Boy OF CALIFORNIA gether, sometimes in opposition, but generally IN THE HOUSE OF REPRESENTATIVES Scouts do. To earn the award, a Boy Scout working together in mutual support of can- must fulfill requirements in the areas of leader- Wednesday, August 17, 1994 didates and initiatives to improve the lives of ship, service, and outdoor skills. He must earn Mr. MILLER of California. Mr. Speaker, I the residents of the bay area. I treasure 21 merit badges, 11 of which are required rise today to pay tribute to an old friend and Nello's friendship and I salute his decades of from areas such as citizenship in the commu- supporter, Mr. Nello Bianco, who is retiring in service to BART and to California. nity, citizenship in the Nation, citizenship in the August 17, 1994 EXTENSIONS OF REMARKS 22919 world, safety, environmental science, and first rities industry. A recent GAO report on the accounts, growing-segment of corporate aid. subject found that arbitrators employed by the America simply opting out of the anti-discrimi- As he progresses through the Boy Scout securities industry are typically white males, nation laws on the books. ranks, a Scout must demonstrate participation averaging 60 years of age, with little or no Signing away one's right to pursue a dis- in increasingly more responsible service specific training in employment law. In Ms. crimination claim in court may be a condition projects. He must also demonstrate leadership Walters' case, she did not realize that the of employment or advancement, or may be re- skills by holding one or more specific youth agreement she signed when she became a quired in order to gain certain employee bene- leadership positions in his patrol and/or troop. registered securities agent contained the man- fits such as stock options. In the securities in- This young man has distinguished himself in datory arbitration clause, nor did she know dustry, securities firms require that certain em- accordance with these criteria. that barring fraud the arbitration panel's deci- ployees, as a condition of their employment, For his Eagle Scout project, Geoffrey lo- sion could not be overturned in court. register with one or more stock exchanges, cated homes in Bristol, RI, that had no num- The Civil Rights Procedures Protection Act thus becoming registered representatives. As ber designation for 911 rescue purposes. would amend seven Federal statutes to speci- part of that process, they must submit a so- Mr. Speaker, I ask you and my colleagues fy that the powers and procedures provided called U-4 application, which is a standard to join me in saluting Eagle Scout Geoffrey B. under those acts could not be overridden by contract used by each of the securities ex- Avila. In turn, we must duly recognize the Boy any contract, Federal statute of general appli- changes. The U-4 agreement requires, some- Scouts of America for establishing the Eagle cability or other mechanism. Our legislation what elliptically, that all disputes or controver- Scout Award and the strenuous criteria its as- specifically permits employees to voluntarily sies with the employee's firm be arbitrated if pirants must meet. This program has through elect to resolve an employment claim under the rules of the exchange with which the em- its 64 years honed and enhanced the leader- arbitration after the claim has arisen. ployee is registered requires them to be arbi- ship skills and commitment to public service of The Federal statues amended by our bill trated. The exchanges, in turn, have rules that many outstanding Americans, two dozen of are: title VII of the Civil Rights Act of 1964, require registered representatives and mem- whom now serve in the House. section 505 of the Rehabilitation Act of 1973, ber firms to arbitrate all controversies that It is my sincere belief that Geoffrey B. Avila the Americans With Disabilities Act, section arise between them. will continue his public service and in so doing 1977 of the Revised States, which encompass Thus, in order for brokers to have a license will further distinguish himself and con- the damages provided under the Civil Rights to do business as employees of brokerage sequently better his community. I join friends, Act of 1991, the Equal Pay Act, the Family houses, they must sign or resign. The em- colleagues, and family who this week salute and Medical Leave Act, and the Federal Arbi- ployee has no choice in the matter, and in- him. tration Act. The amendment to the FAA ex- deed, even if he or she were to have offers of tends the protections of the bill to claims of employment from more than one firm, shop- unlawful employment discrimination that arise ping around to find one that does not require INTRODUCTION OF CIVIL RIGHTS under State or local law as well as to any arbitration would be to no avail: it is an indus- PROCEDURES PROTECTION ACT other Federal statute under which similar try-wide practice, with no opportunity for indi- charges of job discrimination may be brought. vidual modification. HON. PATRICIA SCHROEDER Congress passed each of these laws with This practice, however, flies in the face of OF COLORADO the intention of extending its protections to all the spirit of the antidiscrimination laws passed IN THE HOUSE OF REPRESENTATIVES Americans. No one wants to believe at the by Congress and on the books of States and municipalities across the country. When Con- Wednesday, August 17, 1994 time of hiring that he or she may one day be in a position to bring an employment discrimi- gress passed the various civil rights and fair Mrs. SCHROEDER. Mr. Speaker, last week, nation claim against an employer. Mandatory employment practices laws, it established ac- the House voted 427-4 to extend to congres- arbitration represents a disturbing trend in em- cess to the courts as the means of enforcing sional employees coverage under Federal ployment law, one that forces many workers to the fundamental rights those laws sought to labor and civil rights laws, correcting a long- choose between a job or promotion and their safeguard. The judiciary is the objective arbiter standing deficiency in these laws. Today, to- civil rights. This is a choice no one should be of these rights; without access to the courts, gether with Representatives EDWARD MARKEYforced to make. I hope my colleagues will join the employee has no clear means of estab- and MARJORIE MARGOLIES-MEZVINSKY, I am in- us in cosponsoring the Civil Rights Procedures lishing them. The employer, in turn, has less troducing legislation to address another seri- Protection Act. incentive to follow the letter of the law. The ous problem that deprives many Americans of existence of an unassailably neutral forum in the legal protections Congress intended them which to vindicate these basic rights is there- to have when these laws were passed. INTRODUCTION OF THE CIVIL fore critical to their vitality. For private employ- Our legislation, the Civil Rights Procedures RIGHTS PROCEDURES PROTEC- ers to forcibly interpose instead a substitute Protection Act, would prevent the practice of TION ACT OF 1994 forum-with a distinct set of procedures, no requiring employees to agree to submit any access to a jury, no right to appeal, and no re- claims of job discrimination that may arise to HON. EDWARD J. MARKEY quirement that the arbitrators even follow the binding arbitration. The willingness to sign OF MASSACHUSETTS letter of the law in rendering their decision- such an agreement is often made a condition IN THE HOUSE OF REPRESENTATIVES constitutes a constructive denial of the right to of hiring, continued employment, or promotion. a nondiscriminatory workplace. The practice of mandatory arbitration, which is Wednesday, August 17, 1994 No industry has practiced such constructive already in widespread use in the securities in- Mr. MARKEY. Mr. Speaker, today I am in- denial of rights as consistently as the securi- dustry, is growing in popularity among many troducing, along with Congresswomen ties industry. Not only is the practice perva- individual corporations especially in the con- SCHROEDER and MARGOLIES-MEZVINSKY, legis- sive, but the impartial and independent judicial struction, insurance, banking, and information lation that responds to a growing threat to forum envisioned by Congress is exchanged technology industries. American employees' civil rights. Specifically, for a captive one where neutrality and inde- The Wall Street Journal profiled the han- our bill would prevent employers from forcing pendence are in serious doubt. Securities in- dling of a sexual harassment case by the se- their employees to give up their right to pursue dustry arbitration is run by the industry curities industry on June 9. The article de- employment discrimination and sexual harass- selfregulatory organizations [SRO's], with in- scribed the case of Helen Walters, a secretary ment claims in courts of law. This bill re- dustry members represented on each arbitra- subjected to obscene name-calling, physical sponds to the burgeoning practice, engaged in tion panel, and with arbitrators with little or no threats, and unwanted gifts of condoms from most prominently by the securities industry, expertise in the area of employment law sitting her boss-actions most reasonable people but also increasingly relied on by employers in in exclusive judgment. As the GAO discovered would agree constitute a hostile work environ- information technology and other fields, of in its recent report to my subcommittee, the ment. Her case was ultimately dismissed; not compelling employees to sign contracts that vast majority of arbitrators at the major SRO's by a court or the Equal Employment Oppor- require all employee-employer disputes to be are white males, above the age of 60. At best, tunity Commission, but by a three-member ar- resolved through binding arbitration. This prac- such a setting has the appearance of unfair- bitration panel hired and paid for by the secu- tice has resulted in an important-and, by all ness; at worst, it is a tainted forum in which 22920 EXTENSIONS OF REMARKS August 17, 1994 an employee can never be guaranteed a truly SURGICAL PROCEDURES PATENTS AMENDMENT TO ANTI-HEAD TAX objective hearing. ACT Procedurally, securities arbitration is a far cry from adjudication, with substantial limita- HON. JOHN BRYANT HON. JAMES L.OBERSTAR tions on discovery and no obligation on the OF TEXAS OF MINNESOTA part of the arbitrators to even explain the rea- IN THE HOUSE OF REPRESENTATIVES sons for the final outcome. The secretive na- IN THE HOUSE OF REPRESENTATIVES Wednesday, August 17, 1994 ture of the proceedings, combined with arbitra- Wednesday, August 17, 1994 Mr. OBERSTAR. Mr. tors' ability to follow whim rather than prece- Speaker, the recently passed dent, and not have to justify their decision ei- conference report on the Federal Avia- Mr. BRYANT. Mr. Speaker, putting aside for tion Administration Authorization Act included ther in writing or to an appellate tribunal, result a moment all of the problems which exist in in a system poorly adapted to the vindication (section 112) an amendment to the Federal our Nation's health care delivery system-and Anti-Head Tax (49 U.S.C. section 40116 of fundamental civil rights. Moreover, the they are legion-most of us would agree that broad public policy purpose behind individual (d)(2)(A)) to make it unlawful for States or the United States leads the world in the devel- their political enforcement of the civil rights laws is under- subdivisions to levy or collect opment and practice of state-of-the-art medi- new taxes, fees, or charges imposed exclu- mined. In addition to their remedial function, cine. the antidiscrimination laws serve an important sively upon any airport business, if the tax, fee deterrent function. This purpose requires both Unfortunately, the U.S. Patent and Trade- or charge is not used wholly for airport or a public forum and one that can bind employ- mark Office may be erecting a barrier to pro- aeronautical purposes. I would like to clarify ers through precedent, the fore of law, and viding the most up-to-date surgical proce- that this provision was not intended to limit the moral suasion. Forcible industry-sponsored ar- dures. grandfather authority of airports under 49 USC bitration provides none of those. The American Society of Cataract and Re- section 47107(b). That section permits qualify- fractive Surgery has brought a serious matter ing airport operators to spend airport revenues At its best, arbitration is an efficient and low- for certain off-airport purposes. to the attention of Congress: the approval of The recently cost alternative to the courtroom. If conducted passed patents for purely surgical procedures. For amendment to the Federal Anti-Head fairly, both parties to the arbitration proceeding Tax Act was not intended to prohibit airports But even at its best, arbitration is most of our history, medical procedures, inde- can benefit. from spending new taxes, fees or charges in not suited to disputes over fundamental rights pendent of a medical device, were not consid- accordance with the grandfather provisions of unless both parties, once a claim has arisen, ered patentable. In 1952, new and useful 49 USC section 47107(b). decide that it is an appropriate means of re- processes were added to the list of subject solving the dispute. The bill we are introducing matter that could be patented, a move that today would invalidate all predispute agree- was intended to codify existing policy, not RECOGNITION OF THE SERVICE OF ments to arbitrate claims raised under Title VII change it. At the time, surgical procedures E. GENE KEIFFER of the Civil Rights Act of 1964; the Age Dis- were not considered patentable. crimination in Employment Act of 1967; the In more recent years, however, the Patent HON. SAM JOHNSON Rehabilitation Act of 1973; the Americans with and Trademark Office has issued process pat- OF TEXAS Disabilities Act of 1990; section 1977 of the ents for purely surgical procedures and the IN THE HOUSE OF REPRESENTATIVES Revised Statutes of the United States; the holders of those patents have actively sought Wednesday, August 17, 1994 Equal Pay Act of 1963; and the Family and to enforce them. One example is a 1992 pat- Medical Leave Act of 1993. It would also Mr. SAM JOHNSON of Texas. Mr. Speaker, ent issued to a doctor for a particularly shaped I rise today to recognize and commend the ac- amend the Federal Arbitration Act by render- incision for eye surgery. No patentable de- ing it inapplicable with respect to a Federal, complishments of an exceptional individual vices, instruments, or drugs were claimed. I who has worked for the strengthening of our State, or local claim of unlawful discrimination have been told that this doctor is now suing based on race, color, religion, national origin, national security and aerospace industry for and threatening to sue other surgeons for 44 years. age, or disability. Together, these changes will using the same or similar incisions. ensure that all employees can enjoy the fun- On August 25, 1994, Mr. Gene Keiffer will damental protections offered by the civil rights Such patents pose a serious problem, both retire as chairman of the board of E-Systems. laws. in terms of health care costs and medical E-Systems is headquartered in Dallas, TX and treatment. License fees and infringement liti- is vital to the national intelligence community gation would increase the cost of providing in protecting our country. health care. In addition, the threat of litigation He joined E-Systems as an antenna and TRIBUTE TO UNITED MINORITY places a pressure on doctors to refrain from microwave design engineer and was subse- MEDIA ASSOCIATES using surgical techniques or delay using sur- quently promoted to the vice president, gen- gical techniques, for non-medical reasons. eral manager oi the Garland Division located HON. BOBBY L.RUSH Many foreign countries do not permit surgical in the Third Congressional District. His mana- procedures to be patented. gerial skills were further recognized in 1989 OF ILLINOIS when he was elected to the position of chair- IN THE HOUSE OF REPRESENTATIVES The American Society of Cataract and Re- fractive Surgery has presented to Congress its man and chief executive officer. The selfless Wednesday, August 17, 1994 view that medicine has long had an alternative character and innovative skills that he has incentive system to promote surgical innova- brought to the management of highly classified Mr. RUSH. Mr. Speaker, I rise today to programs have made our country a safer and honor the achievements of the United Minority tion and sharing of information: the recognition and prestige that flows from publishing in more democratic nation. Media Association as it celebrates its 20th an- His service medical journals and presenting papers at is exemplified in his support and niversary. participation medical conferences. The Society has pointed in the Institute for Electrical and The UMMA has been a leader in calling for Electronic Engineers, American Defense Pre- out that the extraordinary progress in surgical increased minority participation and ownership paredness, the Association of the U.S. Army procedures during the past century has been in the telecommunications, print, broadcast, and the Space Advisory Board at Texas A&M accomplished with virtually no encouragement advertising, and public relations industries. For University. from the over 20 years, through many and varied pro- patent laws and that injecting patent Keiffer is a graduate of Southern Methodist grams such as professional skill enhancement law into this field is unnecessary and harmful. University with a degree in Electric Engineer- and recruitment opportunities, UMMA has Mr. Speaker, I would like to encourage my ing where he went on to receive his Master's worked tirelessly to bring about changes that colleagues on the House Judiciary Committee degree in the same discipline. In 1989 he was benefit black Americans. to look into this matter. There is little to be the recipient of the SMU Distinguished Alumni Mr. Speaker, I am proud to salute and gained and a great deal to be lost from a pol- Award. honor the kind of commitment and dedication icy that discourages physicians from practicing Fortunately, he and his wife Carole, who shown by the UMMA. state-of-the-art medicine. has been very supportive during his quality August 17, 1994 EXTENSIONS OF REMARKS 22921 years of service to our country and industry, as a body to a great American and good ing. Moreover, it is required to be compat- will continue to reside in the third district. I friend, Hy Rosenblum, who has worked tire- ible with U.S. interests, lest it be summarily thank him for his dedication and commend lessly to improve the lives of his neighbors. withdrawn, thus upsetting a fragile arrange- him on a lifetime of invaluable service to ment and undermining the prospects for real peace. Is the deployment of U.S. peace- America. BEWARE OF U.S. TROOPS ON THE keepers (monitoring or combat, unilateral or multinational) consistent GOLAN HEIGHTS with such require- ments? COLLEGE FACILITY TO BE NAMED A Washington power broker agreed with FOR COMMUNITY PILLAR HY HON. TOM DeLAY me last week that the question of a complete ROSENBLUM OF TEXAS withdrawal from the Golan should be decided IN THE HOUSE OF REPRESENTATIVES by Israel voters. He stated, however, that the HON. GERALD B.H. SOLOMON fate of U.S. peacekeepers and their implica- Wednesday, August 17, 1994 tions for U.S. national security should be de- OF NEW YORK Mr. DELAY. Mr. Speaker, despite repeated bated by the American public and the appro- IN THE HOUSE OF REPRESENTATIVES assurances by administration officials that any priate congressional committees, independ- ent of Israel's stance. I believe that public Wednesday, August 17, 1994 discussion of deployment of United States sol- debate should go forward with the following Mr. SOLOMON. Mr. Speaker, I think it diers to the Golan Heights is premature, there In mind. would be appropriate for this body to add its is reason to believe that in the event of a Unlike U.S. observers in Sinai (22,000 voice to the chorus of tribute being prepared peace agreement between Israel and Syria, square miles of empty desert), U.S. personnel in honor of Hy Rosenblum of Rensselaer American troops will be dispatched to the Mid- on the Golan (450 square miles) would be sit- County in upstate New York. dle East. In fact, when Secretary of State War- uated about 25 miles from two of the most Hy Rosenblum was born in East Schodack ren Christopher was asked whether United notorious training/operational centers of international terrorism and narco-terrorism: in 1911. This one-time product of a one-room States troops on the Golan might be part of Damascus and the Damascus-controlled Beqi schoolhouse graduated from the St. Lawrence any Israeli-Syrian agreement, his response Valley ("Medellin Drug Cartel East"). Un- University School of Law in Brooklyn and was, absolutely. This would be the first major like ordinary U.N. forces, U.S. servicemen on began his legal practice in 1937. stationing of U.S. forces there since the cata- the Golan would serve as a lightning rod for For over 50 years, Mr. Rosenblum became strophic 1983 Beirut deployment. these terrorists. increasingly involved in community life. He The possibility of such a deployment raises U.S. observers in Sinai are located on the was attorney for many years for the towns of serious concerns about the safety of United Red Sea across from Saudi Arabia, a rel- atively predictable East Greenbush and Schodack and the village States troops, the sustainability of such a mis- ally of the United States. sion, and the longterm security of Israel. I On the other hand, a Golan contingency- of Castleton. In 1943, he created the Consid- stationed In a neighborhood the size of a eration Award, which he presents to local high would like to submit for the CONGRESSIONAL small U.S. congressional district-would bor- school students judged by faculty members to RECORD an article that appeared in the Hous- der Lebanon, a microcosm of Mideast vola- have shown the highest regard for the per- ton Chronicle on August 5 by Yoram Ettinger tility, violence, fragmentation and Islamic sonal and property rights of others. entitled, "Doubt a U.S. Presence on Golan is and Arab nationalist, anti-U.S. sentiments. In 1946, he incorporated the Hudson Valley Sustainable." I encourage my colleagues and Moreover, the Sinai presence is situated Broadcasting Corp., the forerunner of WROW administration officials to read it, as it makes between Israel and Egypt, which is ruled by radio and WROW-TV. For many years he a number of very important points about the a pro-U.S., relatively moderate Arab regime. risks of such a plan. However, a Golan contingency would sepa- served on the company's board of directors. rate Israel from Syria, a traditional ally of In 1953, Gov. Thomas Dewey appointed Mr. [From the Houston, Chronicle, Aug. 5, 1994] Iran, North Korea, Cuba and Somalia's Col. Rosenblum to the original board of trustees for DOUBT A U.S. PRESENCE ON GOLAN IS Mohammed Aideed. Damascus has also dem- Hudson Valley Community College, a board SUSTAINABLE onstrated its capability to defy the United he served for many years as secretary. (By Yoram Ettinger) States, as evidenced by the devastation of Mr. Rosenblum has also chaired the Former U.S. Defense Secretary Les Aspin the Marine headquarters in Beirut, the Rensselaer County Park Committee, during suggested at a June meeting in Tel Aviv that bombing of Pan Am Flight 103, etc. which time he played a major role in develop- a current proposal to deploy U.S. troops on Furthermore, the safe location of the Sinai ing what became the Golan Heights-following total evacu- monitors and their distance from Israeli and the Grafton Lakes State Egyptian military forces, puts them out of Park. ation by Israel-will have to be in the mag- nitude of a brigade in order to be significant. the line of fire should a clash occur. On the In addition, Mr. Rosenblum worked hard to Under current Pentagon guidelines, he other hand, the Golan forces would be geo- secure additional state troopers for improved noted, such an initiative would constitute a graphically sandwiched between Israel and highway safety, to prevent the closing of the strain on the U.S. military, since it would its mightiest Arab neighbor, Syria, a few Fort Orange Paper Co. in 1973, saving hun- require preparing a division-one-tenth of all miles away from its armory, infantry and ar- dreds of jobs, and the drive to close the Dunn American forces. Aspin indicated that if the tillery. Memorial Bridge during rush hour. He also scope of the deployment would be limited to Moreover, terrorist proxies of hostile, radi- served on the town of Schodack's advisory the monitoring presence in Sinai, "then it cal regimes (Syria, Iran, Iraq, Libya, etc.) could target U.S. servicemen. They could committee to develop a master plan for the would be trivial." In addition, Rep. Lee Hamilton, D-Ind., also preserve the element of deniability, Castleton Island State Park. And finally, he is chairman of the House Committee on foreign while intimidating Washington, constraining a former assistant attorney general for the Affairs, has recently indicated that a survey its ability to respond to provocations else- State of New York. is already under way to determine the spe- where (e.g. the Persian Gulf area) and extort- Mr. Rosenblum is a member of the cific locations of a U.S. peacekeeping force ing political concessions. Rensselaer County and New York State Bar on the Golan. In the absence of an effective U.S. combat Associations, the Kiwanis Club and Schodack Such a force would, supposedly, constitute force (which is precluded-even theoreti- cally-by the diminished overall size of the Businessmen's Association, and a former an essential reassuring component. It would U.S. military), one may predict a possible member of the civic affairs committee of great- ostensibly be essential in light of: (a) Syrian leader Hafex Assad's military withdrawal of the peacekeepers in the face of er Albany Chamber of Commerce and the potential and his record of brutality and un- hostage-taking and casualties. Such a with- board of directors of the Daughters of Sarah predictability. drawal would be perceived as another retreat Nursing Home. (B) The short-lived tenure of hundreds of following Beirut, Somalia and Haiti. It In honor of his vital contributions to Hudson Mideast inter-Muslim political agreements. would further erode the U.S. posture of de- Valley Community Center, a former local mon- (C) The violently abrupt nature of their ab- terrence, shrinking its public support for fu- astery will be named the Hy Rosenblum Ad- rogation. ture well-thought-out and globally essential ministration Center. The dedication will take (D) Israel's risk-taking by giving away the overseas military involvement. Golan. While on the Golan, U.S. presence would place on Friday, September 9, 1994, and I However, In order to bolster a potentially constrain Israel by forcing her to coordinate hope to be there to pay my respects. vulnerable accord, a U.S. presence on the preemptive and reactive operations with the Meanwhile, Mr. Speaker, I ask this House to Golan is required to be a durable, long-term United States, thus inadvertently shielding join me so that we may forward our respects and political/military sustainable undertak- terrorists operating outside the Golan. It 79-059 0-97 Vol. 140 (Pt. 16) 42 22922 EXTENSIONS OF REMARKS August 17, 1994 would also deny the United States the bene- Tennesseans, who elected him "Trustee of the Goals 2000 establishes a framework for fed- fits from Israel's "unauthorized actions" year" after he served just one term. The eral support of stats' comprehensive reform (e.g., the 1981 bombing of Iraqi's nuclear re- County Officials Association of Tennessee, for efforts. Participation in the program is strictly voluntary. The law codifies the Na- actor). he served as president, also named him In fact, requiring Israel to seek prior ap- which tional Education Goals, first drafted by proval in countering belligerence would Outstanding Trustee of the Year. President Bush and the nation's governors. strain U.S. relations with Israel. At the same Mr. Penuel displayed both foresight and vi- It continues the National Education Goals time, appearing to have enabled Israel to act sion as a trustee. Because he developed the Panel, which will monitor the nation's freely would damage U.S.-Arab ties. How- county's first idle money investment program, progress toward meeting the eight goals by ever, as demonstrated by the precedent of the only debt Rutherford County owes is a the year 2000. In addition, a new board is the 1982/83 U.S. episode in Lebanon, and as is debt of gratitude to Mr. Penuel. His initiative charged with identifying the skills that stu- evidenced by Mideast complexities, one can held the property tax rate low by earning the dents will need to pursue certain occupations expect the undermining of the relationship so that they can better plan their course of between the United States and both sides, county millions of dollars in interest. study. A separate panel will develop rec- which is essential to the achievement of a Rutherford County is indeed losing a valu- ommended curriculum content, pupil per- genuine peace. able leader who has shown all of us what it formance, and opportunity-to-learn stand- In addition, a U.S. presence at a stormy means to serve and undoubtedly will continue ards, which states can use as guideposts for junction bordering Israel, Lebanon, Syria, to do so. Rutherford County's loss, however, their own reform efforts. Jordan and numerous terrorist groups, could is a big gain for Mr. Penuel's seven grand- States wishing to participate in Goals 2000 draw the United States unwillingly into re- children and two great-grandchildren, who will must develop plans for systemic reform, and gional and costly inter-Arab and inter-Israel are not required to adopt the national stand- be the new beneficiaries of his energy and at- disputes, expanding the scope of these con- ards. Most of the funding for reform must be flicts, otherwise confined to local signifi- tention. The golf course beckons him as well. passed along to local school districts. Goals cance (e.g., Somalia). It would certainly Please join me and all other Middle Ten- 2000 fosters flexibility by allowing states and deepen the involvement of Russia (which has nesseans in wishing him well in his retirement. local schools to apply for waivers of federal resumed strategic cooperation with Syria), regulations and by permitting the use of re- France (which still views Lebanon as a form funds for public school choice. French auxiliary) and other powers, further EDUCATION IN THE 103D Elementary and Secondary Education Act exacerbating global and regional tensions at CONGRESS (ESEA): The House and Senate have passed the expense of U.S. concerns. different bills to reauthorize the ESEA, the Keeping in mind the American public reac- law through which elementary and second- tion to the U.S. military involvement in HON. LEE H.HAMILTON ary schools receive most federal aid. Origi- Lebanon and Somalia, and recognizing the OF INDIANA nally enacted almost 30 years ago, the ESEA likely pitfalls of a U.S. force on the Golan, IN THE HOUSE OF REPRESENTATIVES primarily provides assistance for four pur- such an undertaking would probably be nei- Wednesday, August 17, 1994 poses; to help meet the special needs of dis- ther durable, nor long term, nor politically/ advantaged students; to improve instruction militarily sustainable. Thus, a political ar- Mr. HAMILTON. Mr. Speaker, I would like to in certain subject areas, such as math, rangement predicated upon such a tenuous insert my Washington Report for Wednesday, science, and drug abuse prevention; to sup- component would ultimately imperil re- August 17, 1994, into the CONGRESSIONAL port teacher training and development; and gional stability, threaten U.S. interests and RECORD: to provide aid for a variety of other re- jeopardize the quest for a solid, long-term EDUCATION IN THE 103D CONGRESS sources, such as library books and comput- peace in the Middle East. ers. This is an exciting time in education. By far the largest portion of ESEA funds Major reform efforts are underway at all lev- are devoted to programs for disadvantaged els of government. The 103d Congress has ap- TRIBUTE TO HOWARD H. PENUEL students. Most congressional debate has fo- proved several initiatives with broad support cused on the degree to which funding should from educators, parents' groups, and mem- be concentrated on those schools with the HON. BART GORDON bers of Congress from both parties. The fed- highest proportion of poor students, and on OF TENNESSEE eral government has always played an im- allowing these funds to be used for IN THE HOUSE OF REPRESENTATIVES portant role in postsecondary education, but schoolwlde programs. Both the House and these efforts focus on elementary and sec- Wednesday, August 17, 1994 the Senate have sought to expand on the ondary education. Congress has made two flexibility initiated in Goals 2000 by allowing Mr. GORDON. Mr. Speaker, I rise to thank things clear: its commitment to education schools to seek further exemptions from fed- a devoted resident of my hometown of reform, and its belief that state and local eral regulations. Greater emphasis is also Murfreesboro and a great friend, Mr. Howard governments must continue to take primary placed on providing more extensive profes- H. Penuel, for his 16 years of outstanding responsibility for education. sional development for teachers. service as Rutherford County trustee and to NEW INITIATIVES School-to-Work Transition: Targeted at congratulate him for serving longer than any Congress has passed bills aimed at improv- the 50% of students who do not go to college, this law provides aid to develop programs to other trustee in the history of Rutherford ing educational opportunities for students in preschool to high school: prepare students for the workplace. Students County. Head Start: This program, which provides will be able to integrate school-based and A lifelong Middle Tennessean who was born educational and social services to disadvan- work-based learning in a course of study pro- in Wilson County, Mr. Penuel moved in 1941 taged preschool children, has been widely ac- viding them with a high school diploma as to Murfreesboro, where he began his public claimed. However, there have been concerns well as additional certification in an occupa- service by driving a school bus and then serv- about the quality of some Head Start pro- tional area. The program will be operated by ing the community as a salesman at Haynes grams, and Congress enacted a law aimed at local partnerships including employers, edu- Hardware Company. improving their effectiveness. The law sets cators, and labor. Seeking self-employment, Mr. Penuel later aside a portion of Head Start funding for ASSESSMENT formed a partnership and opened a business quality improvements, and requires evalua- I have never been pessimistic about the that he would later own, Seventy-Nine Auto tions before Head Start providers can expand education system in the United States. services. Head Start programs will now iden- There is always plenty of room for improve- Body Repair. After selling this business, Mr. tify highly skilled teachers to supervise and ment, but I believe that we do a reasonably Penuel opened Penuel's Surplus Sales, a fur- advise less experienced ones. The law also re- good job of educating our young people and niture and general merchandise store in Ruth- quires the creation of more stringent quality preparing them for work. There isn't any erford County. standards for Head Start programs, and eval- doubt that we have to lift the performance of Mr. Penuel was an active force in State and uations of each provider at least once every youngsters coming out of schools so that county Democratic campaigns for several three years. Providers are now required to they have the skills required in today's years, working tirelessly and selflessly for make greater efforts to involve parents in world. No one of us should be satisfied with causes and candidates he believed in. This the development of their children's program. an educational system that is average or experience paid off for Mr. Penuel himself Moreover, the law seeks to expand services even just above average. The test is really for children under three, and calls for a whether we have the knowledge or skills to when he ran for-and won-his first political study on the need for full-day and full-year prosper in the arena of increased global com- office in 1978: Rutherford County trustee. Head Start instruction. petition. His service made quite an impression not Goals 2000: Considered the centerpiece of The last thing we need is federal control of only on natives of Rutherford County but on all President Clinton's education reform efforts, schools. But we do need to give expression to August 17, 1994 EXTENSIONS OF REMARKS 22923 legitimate national concerns about revitaliz- damaged by an earthquake measuring 8.1 on THE 200TH ANNIVERSARY OF THE ing and supporting local efforts to improve the Richter scale. Water and electricity was TOWN OF BROOKFIELD, NH schools. Developing ideas about what con- stitutes high-quality education does not en- again cut off and the same prompt and imme- tail a national curriculum or standardization diate response of the Captain and his team di- HON. WILLIAM H.ZELIFF, JR. curriculum or standardization. Standards rectly helped in the island's swift recovery. He OF NEW HAMPSHIRE represent goals, and imaginative teachers and his personnel were duly recognized with IN THE HOUSE OF REPRESENTATIVES will find a wide variety of ways to reach the award of special certificates for volunteer them. All of us want to see every student Wednesday, August 17, 1994 service by the First Lady's Committee for Spe- have a qualify education and achieve pro- Mr. ZELIFF. Mr. Speaker, this weekend is a ficiency in basic skills. We want every stu- cial Projects in 1993 and 1994 for the assist- special time for the town of Brookfield, NH, as dent to be economically productive and a ance they gave their Sister Village of Merizo residents there are celebrating good citizen. And we would like every school the town's in the aftermath of typhoons and the earth- 200th anniversary. to have a healthy climate for learning. All of quake. us want to give more dignity and status to The people of Brookfield can be proud of our teachers. And we want each school to be Captain Salas has also proven himself a for- the strong heritage they have created over the free to shape creatively its own program. midable commander beyond the scope of past 200 years. Their town has been a posi- I believe that states and localities are pri- these natural disasters. The Marianas section, tive example to others of a cohesive working marily responsible for providing the services under his command, has responded to more community. And, these traits have made the that will help us achieve our educational town a landmark and a welcome home to peo- than 300 search and Rescue missions during goals, but I also believe that the federal gov- ple of all ages. ernment has an important role to play. All the past 2 years. Seventeen persons who had Without the benefits of carriages or wagons, levels of government need to contribute to abandoned their ship at sea were rescued on making America a nation of learners. The families such as the Lyfords, Wiggins, Cham- new education initiatives continue the ongo- one of these missions leading to the winning berlains, and Robinsons made their way to ing national conversation about what our of the Controller of the Year Award for the en- what was then wilderness and now the estab- children will need to know in the 21st cen- tire Coast Guard in April 1993 by the Oper- lishment of Brookfield. These pioneers of New tury. ations Center staff under Captain Salas. In the Hampshire carved their permanence from same respect a Reserve Coast Guard unit Governor's Road to the mighty slopes of Tum- proposed to be disbanded just a few months bledown Dick; a mountain named for Oliver COMMENDING CAPT. JUAN Cromwell's ill-fated son. TUDELA SALAS before the captain assumed command was re- vitalized by this leadership to such an extent This town relishes its ancestry and honors its history. In fact, the proud citizens of Brook- HON. ROBERT A. UNDERWOOD that it was nominated for the ROA Congres- sional Unit of the Year Award. The active field still hold their annual town meetings and OF GUAM other community functions in the town hall that command was also nominated for the Total IN THE HOUSE OF REPRESENTATIVES was built in the 1820's. Moreover, the National Force Award and a Certificate of Appreciation Wednesday, August 17, 1994 Register of Public Buildings retains Brook- was awarded to Captain Salas in May 1994 field's town hall in its listing of historic places. Mr. UNDERWOOD. Mr. Speaker, I would from the National Committee for Employer Indeed, the residents of Brookfield find their like to commend Capt. Juan Tudela Salas of Support of the Guard and Reserve. future firmly rooted in the past. the U.S. Coast Guard, a native son of Guam Advances in the field of environmental pro- Mr. Speaker, the good people of Brookfield and a distinguished graduate of the U.S. tection and maritime safety have reason to take pride in their heritage and Coast Guard Academy, for the exemplary were also imple- mented through the Captain's efforts. Efforts I join with them in paying tribute to the spirit, manner in which he has discharged his duties hard work, and vision of the towns ancestors. as commander of the Marianas section and as initiated by him in the Coast Guard's enforce- ment of maritime and other Federal laws have I'm confident that when Brookfield celebrates the marine safety officer of the U.S. Coast another 100 years, our grandchildren and led to the detection of numerous violations of Guard on Guam. great-grandchildren will look upon this time Since assuming this post 2 years ago, Cap- the Lacy Act and the collection of substantial with optimism and prosperity. tain Salas efficiently dealt with an unusual fines through the U.S. attorney's office for ille- heap of natural and manmade disasters which gal fishing activities by foreign vessels within have struck Guam and its neighboring islands. the U.S. Exclusive Economic Zone. Marine SOUTHWESTERN PENNSYLVANIA Five typhoons, including typhoon Omar, which life, a valuable natural resource to the people GIRL SCOUTS passed directly over Guam with winds in ex- of Guam was afforded significant protection as cess of 150 miles an hour, battered the island a result of this. Oilspill contingency plans for HON. RICK SANTORUM within the span of 3 months in 1992. The Guam, the Northern Marianas, and Palau, OF PENNSYLVANIA careful precautions that Captain Salas took under the Captain's direction, have also im- IN THE HOUSE OF REPRESENTATIVES assuming command of instructing his person- proved. He has chaired and establishment of nel and their families in typhoon preparations Wednesday, August 17, 1994 an oilspill response organization in Guam that helped hold to a minimum the damage to Mr. SANTORUM. Mr. Speaker, I rise to rec- Coast Guard personnel and facilities during had acquired 1.5 million dollars' worth of oil- ognize an outstanding organization in our this exhausting period. Under his command spill response equipment for Palau and Rota, country today-the Girl Scouts of America. the Coast Guard was able to respond prompt- formerly isolated and neglected locations. On Since 1912, when Juliette Gordon Lowe ly and efficiently to the typhoon related emer- top of these, he has assisted the Guam and founded the Girl Scouts, they have actively gencies in Guam's Apra Harbor. These in- the Northern Marianas legislatures in the prep- developed self-esteem, values, and leadership cluded the grounding of 2 U.S. Navy vessels, aration and enactment of oilspill responder im- skills in America's young women. As the pre- the sinking of 13 fishing boats, oilspills caused munity laws. He also has implemented with eminent organization for school-aged girls, the by damage to these various vessels and dam- the governments of Guam and the Northern Girl Scouts bring together young women from age to various navigational aids. Additionally, Marianas memoranda of understanding that all walks of life and introduce them to new and Captain Salas was able to alleviate the strains delineate responsibility in the case of major dynamic experiences, for a Girl Scout, receiv- of water and power outages experienced by oilspill, the first and third of such signed in the ing the Gold Award, their highest achieve- Coast Guard personnel and their dependents entire United States. ment, is no easy task. Along the way, girls are after Typhoon Omar by making arrangements required to complete difficult tasks to prove for the use of shower and laundry facilities I commend Captain Salas for these accom- their abilities in leadership, citizenship, and and obtaining portable generators from Califor- plishments and the service he has given to the outdoor skills. nia and Hawaii. U.S. Coast Guard, the people of Guam and Girl Scouts practice and offer the skills they The Coast Guard headed by Captain Salas the Marianas. We all look forward to all the learn by volunteering in local schools and or- responded once again on August 8, 1993, good things that will surely materialize during ganizations, and by enriching the community when a substantial portion of the island was the next 2 years under his leadership. in which they live. Currently, the Girl Scouts of 22924 EXTENSIONS OF REMARKS August 17, 1994 southwestern Pennsylvania have achieved a YOUNG BETHESDA ENTRE- Marx and Whitman. "It's amazing to me membership of 21,063 girls and 6,155 adults. PRENEURS EXPERIENCE ADVER- what they accomplished," she said. "they WORLD were able to do something a lot of adults Additionally, their membership has risen con- TISING r,n't nnll nff " sistently since 1986. On September 8, the Girl Scouts of southwestern Pennsylvania will cele- HON. CONSTANCE A. MORELLA brate the grand opening of their new head- OF MARYLAND CONGRATULATING CAPT. EULOGIO quarters in Pittsburgh. I rise today to acknowl- IN THE HOUSE OF REPRESENTATIVES C. BERMUDES ON HIS APPOINT- edge this upcoming event. Wednesday, August 17, 1994 MENT TO THE U.S. NAVAL SHIP Mr. Speaker, I ask you, and my colleagues REPAIR FACILITY, GUAM in Congress, to salute the valiant job the Girl Mrs. MORELLA. Mr. Speaker, starting a small business has been the first step on the Scouts have done in promoting the maturation HON. ROBERT A. UNDERWOOD of America's young women. In its 72 years, path to success for tens of thousands of the Girl Scouts have consistently promoted Americans, but seldom is that first step taken OF GUAM old. leadership skills, and a commitment to public when the entrepreneur is only 10 years IN THE HOUSE OF REPRESENTATIVES service in America's young women. However, two of my constituents, that age, Wednesday, August 17, 1994 have decided this summer to take a leap for- It is my sincere belief that the Girl Scouts ward into the world of small business and, Mr. UNDERWOOD. Mr. Speaker, I would will continue their service to our communities specifically, into the world of advertising. like to commend and congratulate Capt. and further distinguish their members. I join all Rachel Marx and Elizabeth Whitman of Be- Eulogio Bermudes of the U.S. Navy on his those in southwestern Pennsylvania and thesda, MD, have chosen to start an advertis- command appointment to the U.S. Naval ship across the Nation in saluting the Girl Scouts of ing business as their summer venture, and repair facility on Guam. America. this has earned them not only profits in the The distinguished captain is the son of the bank and publicity in the Washington Post, but late Juan L.G. Bermudes and Maria Concep- also a letter of encouragement from Hal cion. He is married to the former Carmen Shoup, vice president of the American Asso- Meno Paulino and is the father of five children: CELEBRATING THE WORK OF Florina, Tanya, Vincent, Eloy, and Renee. He SCULPTOR GREGG WYATT ciation of Advertising Agencies [AAAA]. In his letter to the young entrepreneurs, Mr. Shoup graduated from George Washington High applauds their creativity and invites them to School as valedictorian of his class in 1965 HON. JERROLD NADLER apply, when they are a little older, for the and subsequently attended the University of Guam. Receiving his appointment from the OF NEW YORK AAAA's LEAP program. This initiative, the Loaned Executive Assignment Program, pro- late Governor Manuel F.L. Guerrero, he had IN THE HOUSE OF REPRESENTATIVES vides for young advertising executives to the prestigious honor in 1970 of being the first Wednesday, August 17, 1994 spend a year in Washington learning about Chamorro to graduate from the U.S. Naval public service and Government operations. Academy in Annapolis where he was awarded Mr. NADLER. Mr. Speaker, last year, a con- These two young advertising executives and a degree in mechanical engineering. He also stituent of mine, Greg Wyatt, sculptor-in-resi- budding small business women will no doubt holds a master of science degree in mechani- dence at the Cathedral Church of St. John the consider this future invitation seriously, but for cal engineering from the U.S. naval post- Divine, New York City, was honored to exhibit now, they are experiencing an exciting sum- graduate school. his bronze sculptures in the Senate Russell mer. Excerpts from their story in the Washing- Captain Bermudes built upon his edu- Building rotunda. Three dimensional works by ton Post follow: cational training through a wide range of as- studio apprentices under Mr. Wyatt's tutelage TWO GIRLS PURSUE AD VENTURE, AND THE signments. Prior to his present assignment on were also displayed at that time. Mr. Wyatt PERFECT JOB Guam, Captain Bermudes served at the Pearl previously exhibited his works in the Cannon [By Caroline E. Mayer] Harbor Naval Ship Yard, the Mare Island House Office Building where I maintain my Rachel Marx and Elizabeth Whitman are Naval Ship Yard, the U.S. Naval Ship Repair Washington office. just 10 years old, but when it comes to mak- Facility at Subic Bay in the Philippines, the CBS-TV has informed Greg Wyatt that on ing money, they don't kid around. They've U.S.S. Samuel Gompers, the CINCPACFLT at Sunday, August 21, 1994, on "Sunday Morn- tried the traditional lemonade stand. "But Pearl Harbor in Hawaii, the Naval Reactor's ing," WCBS-TV will rebroadcast the interview there's no money in that," said Marx. The Representative's Office at Pearl Harbor, the two Montgomery County six-graders are by Charles Kuralt, filmed in the cathedral crypt U.S.S. Henry W. Tucker, and the U.S.S. studio in Manhattan. The program will show after bigger bucks. So three months ago, the pint-size entrepreneurs launched a grown-up Benecia. Upon his recent appointment, Cap- Mr. Wyatt's famous work at New York's Ca- advertising business, called Kidz' Koupouns. tain Bermudes becamehe first Chamorro to thedral of St. John the Divine, the 40-foot-high The venture got started when Marx was sick take command of the U.S. Naval Ship Repair "Peace Fountain," and feature his apprentice- with chicken pox. One afternoon, when Whit- Facility on Guam, the only U.S. facility in the ship for art students. I am proud to have this man visited the convalescing Marx, the Western Pacific to provide vital repair, mainte- accomplished artist living and working in my friends decided they needed more spending nance, overhaul, and shore support to naval district. money. Marx came up with the advertising ships, to the Government of Guam, and to At this time, idea. They would buy a page of advertising Mr. Wyatt's bronze sculpture from a weekly community paper, then divide other agencies. entitled "Eternal Spring" is featured at the the page into smaller advertisements and Through his distinguished military service Kennedy Galleries in New York City. Addition- sell space to local retailers who wanted to and outstanding achievements, Captain ally, he informs me that a retrospective exhibit offer discounts. With a childhood enthusiasm Bermudes has brought recognition upon him- of his bronze sculptures was selected by the that didn't take "no" for an answer, the two self, the island, and its people. On behalf of Newington-Cropsey Foundation trustees to began calling businesses frequented by kids. the people of Guam, I congratulate and wel- join the permanent Jasper Cropsey painting The product of their first endeavor was come home an exceptional native son. collection at the foundation's new Gallery of published in Washington Parent newspaper. The cost was small said Katherine Newell Art at Hastings-On-Hudson. As you may know, Smith, vice president of communications for SENATE Jasper Cropsey was the American master of Sutton Place Gourmet. What's more, Smith COMMITTEE MEETINGS the 19th century Hudson River School of added, the money went to "a good cause-de- Title IV of Senate Resolution 4, Painting. veloping entrepreneurial spirit." "The girls agreed to by the Senate on February 4, As the representative of New York's vital were as efficient as any person I've ever 1977, calls for establishment of a sys- arts community, it is my privilege to commend dealt with," said Deborah Benke, Washing- tem for a computerized schedule of all the outstanding work ton Parent's editor. "The copy arrived on of an inspirational artist. time, in an envelope with a check and with meetings and hearings of Senate com- I believe that every Member of this House will camera-ready art. It was great-no hassle. I mittees, subcommittees, joint commit- recognize, after viewing Mr. Wyatt's work, that have many writers and advertisers that I tees, and committees of conference. the arts matter, and merit continued support have to call more than once." Sutton Place This title requires all such committees by Congress. owner, Debora Shalom, was impressed with to notify the Office of the Senate Daily