January 6, 1993 EXTENSIONS OF REMARKS 335 EXTENSIONS OF REMARKS

AMBASSADOR WOLFF JOINS THE ity. But significant efforts were made in Re­ services. The composition of the American BOARD OF TRUSTEES OF THE publican Administrations as well, with the economy matters. MONTEREY INSTITUTE OF Tokyo Round and the Urug·uay Round both Most of you will say, "don't we already do this?" The answer is "no." For one thing, we INTERNATIONAL STUDIES initiated in Republican Administrations. THE RF.AL ISSUE IN 1992 are not at all confident that we are suffi­ ciently aware of what enhances competitive­ The real issue in 1992 is how to revitalize ness of any given industry. Failing· famili­ HON. LEONE. PANETIA the American economy, create jobs, and en­ OF CALIFORNIA arity with the trade flows we are affecting·, sure a hig·her standard of living· for our chil­ we settle for being for open markets, not an IN THE HOUSE OF REPRESENTATIVES dren. Clearly, America's recent economic entirely bad fall-back when we do not know Wednesday, January 6, 1993 performance has been disappointing. In the much about what is taking· place in the last four years, we've had the slowest rate of world. Mr. PANETTA. Mr. Speaker, Ambassador economic gTowth since Herbert Hoover, and But since we fail to test our neg·otiations Alan William Wolff, who served as the U.S. America has lost 1.3 million manufacturing by whether our producers are better off at Deputy Representative for Trade Negotiations jobs since January 1989. Our long·-term per­ the end of them, we run into distinct prob­ from 1977 to 1979, presented some very formance has also been disappointing·. If the lems. To give you only the most recent ex­ thoughtful remarks entitled "Constructing a United States enjoyed the same rate of pro­ ample, the United States just gave KLM New U.S. Trade Policy" to the Economic ductivity gTowth in the 1970's and 1980's that Royal Dutch airlines the right to land any­ we did in the 1950's and 1960's, median family Strategy Institute of Washington, DC, on Octo­ where in the United States. Our negotiators income would be $47,000 instead of $35,000. ber 5, 1992. I have attached a copy of his re­ received in return the right for our airlines Most of the answer to the problems affect­ to land at any airport throug·hout all of Hol­ marks for the benefit of my colleagues. ing America's competitiveness rests upon land. Just think of it! The newspapers I am very pleased to note that Ambassador the vitality of the private sector. To meet quoted a KLM executive as saying that this Wolff, currently serving as the managing part­ the challenges of global economic competi­ was a "dream" agreement. And from his per­ ner of the Washington, DC, office of Dewey tion, U.S. firms must expand employee in­ spective it certainly is. Ballantine and the coauthor of "Conflict volvement, continually improve the quality Robert Crandall, Chairman of American Among Nations-Trade Policies in the of their products, and forge better relation­ Airlines, said of this deal "Holland is a very 1990's," has agreed to join the board of trust­ ships with their customers and suppliers. small country. We can't justify service to But government can play a constructive role Amsterdam [alone]. We get nothing." ees of the Monterey Institute of International by creating an environment in which Amer­ Our negotiators said that this agreement Studies. ican workers and American firms can com­ would give our consumers greater choice. Ambassador Wolff's unique trade knowledge pete and win. Our government's economic This is simply muddled thinking. It would be and experience will be of great help to the strategy must include: no more than a curiosity if the adverse im­ Monterey Institute as it enhances its academic 1. The creation of a national apprentice­ pact on America's commercial interests were programs designed to prepare individuals to ship program to offer non-college bound stu­ not real. We can no longer afford this kind of dents training in a marketable skill; quirky, idiosyncratic trade policy, which is help our Nation meet the fierce economic and contrary to the nation's commercial inter­ trade challenges confronting us in the years 2. Investment in our Nation's infrastruc­ ture- not only in roads and bridges but in ests. ahead. high-speed rail and information super­ Similar problems have occurred in the The remarks of Ambassador Wolff follow: highways; Uruguay Round. For example, we have en­ CONSTRUCTING A NEW U.S. TRADE POLICY 3. Tax incentives to spur private sector in­ dorsed lofty principles without considering (Remarks of Alan William Wolff) vestment in R&D and new plant and equip­ in advance their practical effects. In the ne­ gotiations on trade in services, we sought a FREE TRADE VERSUS PROTECTIONISM ment; 4. Initiatives to accelerate the commer­ most-favored-nation rule as part of a frame­ All trade policy practitioners, those who cialization of new products; and work agreement. It only later become appar­ make policy and those who seek to affect de­ 5. A sensible fiscal policy that attacks the ent that the requirement that we give the cisions, know that "free trade" and "protec­ federal budget deficit. same treatment to all countries-before oth­ tionism" is a false dichotomy. Likewise, de­ ers gave commitments to open their mar­ spite the efforts of the Bush Campaign, the A TRADE POLICY FOR THE 1990 ' S kets-wedged our market open while depriv­ 1992 election is not a choice between "free Since today's discussion is not about work­ ing us of the means to apply unilateral lever­ trade" and "protectionism." In a speech at er training or infrastructure or technology age to get those markets open at a later Georgetown University, Bill Clinton stated: policy, I would like to discuss ways in which stage. We had gotten swept up in a desire to "The American people aren't protection­ the conduct of U.S. trade policy can and improve the appearances of the international ists. Protectionism is just a fancy word for should be improved. '!'his exercise is not in­ trading system without examining the prac­ giving up; we want to compete and win. " tended to be a polemic against the Reagan­ tical effects on our industry's competitive Thus, both candidates have called for a Bush record. In fairness, much of my criti­ position. successful conclusion of the Uruguay Round cism would apply equally to previous Admin­ Just as American foreign policy must serve of multilateral trade negotiations. Those istrations, including the four in which I the national security and economic inter­ who address trade issues in either campaign served. But there is a difference. Times have ests, America's trade policies must serve the assert that their candidate believes that the changed. The Cold War is over. The hier­ national commercial interests. Uruguay Round has the potential to help archy between the " high politics" of foreign Second, U.S. trade policy must be U.S. companies by lowering tariff and non­ policy and diplomatic concerns, and the " low proactive. tariff barriers, strengthening the global pro­ politics" of U.S. economic commercial inter­ If foreign governments are intervening in tection of intellectual property, and main­ ests, is no longer appropriate. But somehow markets to promote their industries, either taining effective disciplines against unfair our frame of reference has become frozen, through closing their home market or pro­ trade practices. our policies ossified. viding subsidies, the United States must act Nor is trade policy an issue that has di­ Republicans and Democrats alike must re­ decisively and act early. We must either con­ vided the two political parties in the post­ examine our trade policy, and assess whether vince foreign governments to change their war period. There is a long Democratic tradi­ it is adequate for the fierce international behavior, or we must take action that will tion of support for open trade. It was Frank­ competition of the 1990's. It is vital that offset the effects of the foreign industrial lin Roosevelt who put an end to the era of America's trade policy be improved. Let me targeting. This is not a prescription for eco­ Smoot-Hawley tariffs; President Truman suggest six ways. nomic conflict. It may be that the U.S. who helped rebuild Europe and the inter­ First, we must end the confusion over the measures required will have more to do with national trading system; and Presidents purpose of America's trade policy. Its central assuring that American industry is not dis­ Kennedy, Johnson, and Carter who made purpose must be to serve to enhance the advantaged-for example by tax policy-than multilateral trade negotiations a top prior- competitiveness of American industry and through any form of trade measures.

e This "bullet" symbol identifies statemencs 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. 336 EXTENSIONS OF REMARKS January 6, 1993 The United States cannot afford another Because U.S. policy focuses too much on may not work in theory, but they have been Airbus-the European g·overnment-backed form and procedure, rather than substance, known to work in practice. I don't believe we civilian aircraft consortium that has re­ we have often negotiated ag-reements which should necessarily emulate these policies, ceived $23 billion in subsidies. European sub­ do not deliver results. When results are ad­ but we at least need to be aware of their im­ sidies are putting thousands of high-skill, dressed, there is such skittishness on the pact on U.S. industries. hig·h-wage American jobs in the aerospace U.S. side of the table in dealing· with this To do so, we should: sector at risk, and challenging· U.S. leader­ concept that enforcement of agTeements be­ Expand the information-gathering· capabil­ ship in one of the few manufacturing sectors comes problematic. Disputes are more likely ity of U.S. embassies abroad; where the United States enjoys a large trade the less clear agTeements are. Thus, while a Enhance the analytical capability of the surplus. results-orientation has appeared in mobile U.S. government through training-, incen­ The earlier the United States acts to ad­ communications systems, cellular phones, tives to retain a highly qualified civil serv­ ice, and an interchang·e program with the dress foreign industrial targeting, the more auto parts, autos, and amorphous metals, private sector; and opportunity there will be to find amicable none of these agreements are free of argu­ Increase the liaison activities with experts yet effective solutions. If we wait until these ment as to what they mean or how binding in the private sector, both within industry market distortions have led to excess capac­ they are. One ag-reement neg·otiated with and in academia, investment banking ity, dumping, and an erosion of American Japan-the semiconductor ag-reement-con­ houses, and similar sources of analytical ex­ market share in a given industry, all of our tains an enforceable target needed to over­ pertise. policy alternatives are unattractive. We can­ come anticompetitive practices in the Japa­ Fifth, we must reorganize for a more effec­ not afford to pretend that the attempts at nese market. Most of the other ag-reements tive, efficient gover nment. building industries abroad, when trade and have centered on process. We must insist on The U.S. g·overnment is currently orga­ investment patterns are distorted, are of no results from our trade agreements. All trade nized to meet the challenges of East-West interest or consequence for the United agreements must be lived up to, and coun­ competition. With the end of the Cold War, States. tries that fail to comply with trade agTee­ the United States must adopt a new set of To name one other example, the United ments must understand that they will face priorities, and we must reorg·anize the gov­ States fired the first shot in a war with sanctions. ernment to reflect those priorities. I agree Japan over semiconductors fifteen years Democratic and Republican members of with Governor Clinton's position that there after the outbreak of hostilities. We did not the House and Senate have proposed that the should be an Economic Security Council (or understand the importance of what was at private sector have a right to ask for a re­ Economic Policy Council) created in the stake. We did not even realize that we were view to determine whether foreign govern­ White House. It should have a small, highly in an extraordinarily serious dispute for ments are complying with bilateral trade skilled staff, like that of the National Secu­ years. In color televisions and in consumer agreements. Unfortunately, the Administra­ rity Council, to assure that issues affecting· electronics in general, we had no idea what­ tion has opposed this initiative. America's trade position and its competi­ soever that the broader battle had been com­ Fourth, we must improve our understand­ tiveness are reg·ularly considered at the menced, fought and concluded. By the way, ing of the nature of international competi­ highest levels of government. our industries lost, and yes, it matters. tion. Unfortunately, trade policy formulation Third, the United States must insist on re­ Increasing the emphasis on training for has become a step-child in the g·overnment's sults from its trade negotiations. government service, giving the government decision-making process. There is duplica­ gTeater access to advice from technically tion, conflict, and confusion. A consolidation This is another one of those statements of functions and a reduction in the number that hardly seem revolutionary, but would qualified individuals in the private sector, of agencies involved is clearly called for. The mark a significant departure from what we and ending the arms-length and adversarial United States should establish a Department say we are doing today. relationship between g·overnment and busi­ of Trade. This would bring together all the There have been over twenty agreements ness are keys to competitive success. To line functions affecting trade-analysis, ne­ with Japan over the last twelve years which make intelligent decisions about trade and g·otiations, enforcement, implementation, should have had a positive effect on U.S. export promotion policy, the United States and export promotion. Recognizing the spe­ electronics trade with Japan. However, the must be able to answer the following ques­ cial international negotiating role of the trade balance went from a negative $3.6 bil­ tions: Secretary of Trade, he or she would retain lion to over a deficit of over $19 billion. This What sectoral and regional markets offer the function of personal representative of is not a macroeconomic or exchange rate the greatest potential for increased exports? the President in trade negotiations. problem, it is a sectoral problem. In large How are U.S. industries performing rel­ Sixth, we must reduce our reliance on part, the problem stems from market bar­ ative to their foreign competitors, and how trade protection as a solution to our com­ riers in Japan, but also in structural prob­ are they likely to fare given current levels of petitiveness problems. lems. industrial targeting, and a very dif­ investment in plant and equipment and If the U.S. government were more aware of ferent set of government policies there as R&D? developments in the real economy, and had contrasted with here. How are various U.S. industries affected by additional tools to deal with international Too often, our enthusiasm for means, such tariff, non-tariff and structural trade bar­ competitiveness problems, the need for trade as the negotiation of agreements, leads us to riers? What foreign industrial polices are remedies would decline. This stands out forget about ends, namely, increased U.S. most likely to threaten U.S. economic inter­ most clearly in the recent flat panel display economic competitiveness. ests? case, where antidumping· duties were im­ Stated U.S. negotiating objectives are Let me give you a few examples of what posed over the strenuous objections of their often impractical and overly abstract. I'm talking about. Our government should be customers, the computer industry. Had the "Openness", "allowing market mechanisms tracking closely the Korean government's United States Government been monitoring· to work", "transparency", "due process", recently announced program called " Electro the competitiveness of the American display and "dispute settlement" are all admirable 21' ', a $500 million plan ·to increase Korean industry, it might have been able to develop concepts. Our bottom line should be whether production of 40 key components, including measures that would have strengthened both trade agreements are helping U.S. companies semiconductors, flat panel displays, and soft­ the manufacturers and consumers of dis­ export goods and services at a level which is ware. We should be more than a little curi­ plays. consistent with their competitive position. ous when the Japanese Government offers To avoid the granting of protection being In short, U.S. trade policy should be results­ Japanese firms tax incentives for invest­ the primary tool of government to deal with oriented. Last year, the CEO's of the na­ ments in 132 specific technologies. In some problems of international competition, we tion's top computer manufacturers met cases, the Japanese tax code even contains will require a coherent technolog·y policy, under the auspices of the Computer Systems pictures of U.S. equipment, such as a DNA which would require shifting resources to­ Policy Project. They concluded that: synthesizer made by a U.S. company, Ap­ wards civilian R&D, diffusing research re­ "Basic to CSPP's approach to bilateral plied Biosystems, that Japanese companies sults to our small and medium-sized manu­ market-access is our emphasis on results can receive credits for replicating in Japan. facturing firms, eliminating red tape which ... Results are sales made, market shares Now, the economists in the audience may currently prevents the U.S. Government gained, and revenues received." tell me that if foreign governments are fool­ from getting· detailed advice from the pri­ This kind of new thinking has been labeled ish enough to subsidize their industries, we vate sector, and broadening the mission of as a heretical lurch toward managed trade should send them a thank-you note. My con­ our National Labs. This increased attention and cartelization of industries. It is nothing· cern is that some foreign g·overnment activi­ to the competitiveness of our industries will of the kind. It is a common-sense effort to ties will have a disproportionate impact on lead to less restrictive trade policy out­ set goals and develop benchmarks for mon­ our economic welfare- and that we ought to comes. itoring progress towards open markets, care whether the U.S. is participating· in CONCLUSION whenever markets are not currently func­ these industries. To these economists I If anyone in business were to grade Ameri­ tioning to produce results that should occur. would say, these foreign industrial policies ca's trade policy on whether it has clear ob- January 6, 1993 EXTENSIONS OF REMARKS 337 jectives and a strategy for meeting those ob­ While serving in the ' United States, eligible budget deficits. People rightly ask why Con­ jectives-I'm afraid it would only g·et a "g·en­ low-income military families receive an earned gress ·Can't reduce that deficit, and why Con­ tleman's C. " We should re-examine our nego­ income tax credit [EITC] to supplement their gress can't do its part. The Congressional Pay tiations involving· Japan over a number of meager income. Service members and their Reduction Act is a partial response to those years through the lenses provided in these remarks today, or scrutinize the odd notion families who are transferred to a military post very legitimate questions. that the United States would be well-served overseas, however, are forced to forfeit their The bill I am proposing today will roll back by additional free trade areas with any coun­ eligibility for an EITC. the pay rate for House Members to the level try, least of all Chile and Japan at the ex­ Current estimates are that 25,000 low-in­ that would have been in effect had Congress pense of our multilateral trading· system. come military families who are living outside received the same cost-of-living adjustment In the spirit of bipartisanship, or at least the United States have had to sacrifice this [COLA] as Social Security beneficiaries since intellectual honesty, I have stated that this small supplement to their income. The legisla­ 1980. Had the Social Security COLA been ap­ is by no means a product of the stewardship tion I am offering today would extend the EITC of these last two Republican Administra­ plied, House Members' pay would amount to tions. But times have indeed changed, and to these needy military families and would $118,00~about $15,000 less than today's with them, there is a need for a change in equalize this important benefit for all service pay rate. I believe that is fair. policies. members. Once the pay rate is adjusted, the bill would Trade policy is only one aspect of what is This simple and straightforward adjustment eliminate the automatic annual COLA for Con­ needed, to be sure, but it is not unimportant. to equalize eligibility for the EITC will ensure gress so that any further increases in House Trade policy must be judged by whether it that low-income military families can continue Members' pay could occur only after another contributes to the future economic strength to benefit from a tax credit they deserve and vote. The public's fears about further backdoor and well-being of America . are entitled to receive. pay raises would be alleviated. Additionally, clarifications of the Internal I would note that the pay levels provided by SALUTE TO MEL SHEELER Revenue Code, that are supported by IRS, the my bill represent an adjustment for inflation, U.S. Department of the Treasury, and the De­ not a raise based on real or perceived merit. HON. ELTON GALLEGLY partment of Defense, will improve administra­ We should think of that only when the House tion of the EITC for military personnel and will has done its job with respect to the deficit. OF CALIFORNIA prevent overpayments of this credit. These I invite my colleagues to join me in cospon­ IN THE HOUSE OF REPRESENTATIVES technical changes are expected to more than soring this initiative, and I ask that the text of Wednesday, January 6, 1993 offset the costs associated with extending the the bill . be reprinted in the RECORD at this Mr. GALLEGLY. Mr. Speaker, I rise today to EITC to military personnel stationed overseas point: honor Mel Sheeler as he concludes his term and will make my proposal revenue neutral. H.R.- as president of the Greater Ventura Chamber I have introduced this legislation twice be­ Be it enacted by the Senate and House of Rep­ of Commerce. fore, and each Congress has come closer to resentatives of the United States of America in During his term as president of the largest enacting it. The proposal was included in the Congress assembled, chamber in the Tri-Counties, Mel has worked House version of the 1990 Omnibus Budget SECTION 1. SHORT Tl'ILE. hard to improve the county's business climate, Reconciliation Act, but was dropped in con­ This Act may be cited as the " Congres­ focusing on strengthening the chamber's pres­ ference. The provision was included in the sional Pay Reduction Act of 1993" . ence with city government and to promote 1992 Omnibus Revenue Act, which was ve­ SEC. 2. PAY REDUCTION. economic stability and the quality of lite. toed by President Bush. I hope the third time (a) IN GENERAL-Effective with respect to A second-generation county resident, Mel is will be a charm. service performed during any pay period be­ president of First National Bank of Ventura, I would like to commend the Noncommis­ ginning after the effective date under sub­ sioned Officers Association, especially Sgt. section (c), and until thereafter adjusted by but finds the time to be deeply involved in or in accordance with law, the annual rate of civic affairs as well. · Maj. "Mack" McKinney (retired), and the Na­ pay for- He has been a member of the chamber's tional Military Families Association, especially (1) a Member of or Delegate to the House of board of directors since 1986, having held a Ms. Sidney Hickey, for their efforts and dedi­ Representatives, and the Resident Commis­ variety of positions including vice president of cation to the needs of our service members sioner from Puerto Rico, shall be $118,000; the business development division and chair­ stationed around the world. (2) the majority leader and the minority man of the recently formed chamber political Too often we overlook the tremendous sac­ leader of the House of Representatives shall action committee. rifices made by military personnel and their be $133,000; and Among his other activities, he is a member families who are stationed in a foreign land, (3) the Speaker of the House of Representa­ tives shall be $154,000. of the board of directors of the Ventura Boys and I hope this legislation will reaffirm our ap­ (b) HONORARIA AND RELATED MATTERS UN­ and Girls Club; a 21-year member of the preciation and respect for these dedicated AFFECTED.- Nothing in subsection (a) shall board of the county chapter of the American Americans. be considered to constitute a repeal of any Cancer Society; a member and past president provision of section 703 of the Ethics Reform of the East Ventura Kiwanis Club, with a 23- Act of 1989 for purposes of section 603 or sec­ year perfect attendance record; and a found­ INTRODUCTION OF THE CONGRES­ tion 804([) of such Act. ing board member of the MIT Enterprise SIONAL PAY REDUCTION ACT OF (c) EFFECTIVE DATE.-This section shall be­ 1993 come effective as of- Forum. (1) the 30th day after the date of the enact­ Mr. Speaker, I ask my colleagues to join me ment of this Act; or in saluting Mel Sheeler for a job well done. HON. JON KYL (2) if implementation of this section based OF ARIZONA on the date under paragraph (1) is held to be IN THE HOUSE OF REPRESENTATIVES unconstitutional, the first day of the first INTRODUCTION OF LEGISLATION Congress as of which this section may con­ FOR OVERSEAS MILITARY PER­ Wednesday, January 6, 1993 stitutionally be given effect. SONNEL Mr. KYL. Mr. Speaker, I rise today to intro­ SEC. 3. TECHNICAL AND CONFORMING AMEND­ duce the Congressional Pay Reduction Act of MENTS. HON. JIM SLATTERY 1993. (a) LEGISLATIVE REORGANIZATION ACT OF Public outrage at the last pay raise for 1946.- Paragraph (1) of section 601(a) of the OF KANSAS Legislative Reorganization Act of 1946 (2 IN THE HOUSE OF REPRESENTATIVES House Members has not diminished in the nearly 31/2 years since it was approved, in part U.S.C. 31(1)) is amended to read as follows: Wednesday, January 6, 1993 "(1) The annual rate of pay for­ because of the size of that raise, and in part "(A) each Senator, and Mr. SLATIERY. Mr. Speaker, I am pleased because of the annual cost-of-living adjust­ " (B) the President pro tempore of the Sen­ to reintroduce today legislation that will correct ments House Members have received since ate and the majority leader and the minority a longstanding injustice perpetrated against then. leader of the Senate, tens of thousands of military personnel and That outrage is further intensified by the fact shall be the rate determined for such posi­ their families stationed overseas. that the Nation is continuing to suffer record tions under section 225 of the Federal Salary 338 EXTENSIONS OF REMARKS January 6, 1993 Act of 1967 (2 U.S.C. 351-361), as adjusted Additionally, HHS will publish and dissemi­ this Act, ,the Secretary of Health and Human under paragTaph (2) of this subsection." . nate information on the benefits of practicing Services, in consultation with representa­ (b) FEDERAL SAr.. ARY ACT OF 1967.-Section preventive health care, the importance of un­ tives of individuals described in subsection 225 of the Federal Salary Act of 1967 is dergoing periodic health examinations, and the (d), shall establish a proposed initial sched­ amended- ule of recommended preventive health care (1) by striking subparagraph (A) of sub­ need to establish and maintain a family medi­ services. In accordance with section 553 of section (f) (2 U.S.C. 356(A)) and inserting· the cal history to businesses, providers of health title 5, United States Code, the Secretary following: care services, and other appropriate groups shall publish such proposed schedule ·in the "(A) the Vice President of the United and individuals. Federal Register and provide for a 90-day pe­ States, Senators, the President pro tempore Moreover, this legislation provides for pre­ riod for receiving· public comment on the of the Senate, and the majority and minority vention and health promotion workshops to be schedule. leaders of the Senate;"; and established for corporations and businesses, (2) FINAL SCHEDULE.-The proposed sched­ (2) by striking subparagraph (A) of sub­ ule of recommended preventive health care section (1)(3) (2 U.S.C. 362(3)(A)) and inserting as well as for the Federal Government. A wellness program will be established to make services established under paragraph (1) shall the following: become effective for the first calendar year "(A)(i) The rates of pay recommended for grants over a 5-year period to 30 eligible em­ that begins 90 or more days after the expira­ the Vice President of the United States and ployers to establish and conduct on-site work­ tion of the period for receiving public com­ the Chief Justice of the United States, re­ shops on health care promotion for employ­ ment described in paragraph (1). spectively, shall be equal. ees. The wellness workshops can include: (b) ANNUAL ADJUSTMENT.- Not later than "(ii) The rates of pay recommended for the Counseling on nutrition and weight manage­ October 1 of every year (beginning- with the majority and minority leaders of the Senate, ment, clinlcal sessions on avoiding back injury, first year for which the schedule established the President pro tempore of the Senate, and under subsection (a) is in effect). the Sec­ each office or position under section 5312 of programs on smoking cessation, and informa­ tion on stress management. retary, in consultation with representatives title 5, United States Code (relating to level of individuals described in subsection (d) and I of the Executive Schedule), respectively, Finally, my legislation directs HHS to set up a demonstration project which will go to 50 in accordance with section 553 of title 5, shall be equal. United States Code, may revise the schedule "(iii) The rates of pay recommended for a counties over a 5-year period to provide pre­ of preventive health care services estab­ Senator, a judg·e of a district court of the ventive health care services at health clinics. lished under this section for the following United States, a judge of the United States This program will cover preventive health care calendar year. Court of International Trade, and each office services for all children, adults under a certain (c) USE OF SOURCES FOR ESTABLISHING or position under section 5313 of title 5, Unit­ income level-if above the determined income SCHEDULE.-ln establishing- the initial sched­ ed States Code (relating to level II of the Ex­ ule of recommended preventive health care ecutive Schedule), respectively, shall be level, fees will be based on a sliding scale. Additionally, the project will entail both urban services under subsection (a) and in revising equal.". the schedule for subsequent years under sub­ (c) EFFECTIVE DATE.-The amendments and rural areas in different regions of our Na­ section (b), the Secretary shall take into made by this section shall t;:i.ke effect as of tion to educate the public on the benefits of consideration the recommendations for pre­ the effective date of section 2. practicing preventive health care, the need for ventive health care services contained in the periodic health exams, and the need for estab­ Guide to Clinical Preventive Services pre­ lishing a medical history, as well as providing COMPREHENSIVE PREVENTIVE sented to the Department of Health and services. Human Services by the United States Pre­ HEALTH AND PROMOTION ACT Mr. Speaker, currently there are many pro­ ventive Services Task Force and the Year OF 1993 posals on how to heal our Nation's health care 2000 Health Objectives of the United States system, but there has not been any proposal Public Health Service. HON. BENJAMIN A. GILMAN which has received wide acceptance. Experts (d) INDIVIDUALS SERVING AS CONSULT­ OF NEW YORK have concluded that practicing preventive ANTS.-The individuals described in this sub­ section are as follows: IN THE HOUSE OF REPRESENTATIVES health care does work, and will produce a (1) Hospital administrators. Wednesday, January 6, 1993 healthier nation. Although there is a consen­ (2) Administrators of health benefit plans. sus on the benefits of practicing preventive Mr. GILMAN. Mr. Speaker, an estimated 35 (3) General practice physicians. health care, only approximately 20 percent of (4) Mental health practitioners. million Americans lack health insurance, the health insurance companies offer coverage for (5) Pediatricians. largest number of uninsured in 25 years. Cur­ periodic health exams. (6) Chiropractors. rently, 21 percent of the residents in my home The Comprehensive Preventive Health and (7) Physicians practicing in medical spe- State of New York are uninsured. The time Promotion Act of 1993 will not solve our Na­ cialty areas. has come for Congress to take the necessary tion's health crisis, but will take the significant (8) Nutritionists. steps to provide adequate health care to our steps to heal it. This measure has all the nec­ (9) Nurses. (10) Experts in scientific research. Nation's citizens. essary ingredients that will be needed in a na­ (11) Dentists. Therefore, yesterday I introduced legislation tional health care plan, and will be applicable which will cover individuals for periodic health (12) Representatives of manufacturers of to that plan. prescription drugs. exams, as well as counseling and immuniza­ Accordingly, to all my colleagues who share (13) Heal th educators. tions, H.R. 36. my concern regarding the importance of pro­ SEC. 3. APPLICATION TO INDIVIDUALS EN­ The Comprehensive Preventive Health and ducing a healthier nation, I invite and urge you ROLLED IN PRIVATE HEALTH INSUR­ Promotion Act of 1993 will direct the Secretary to cosponsor this measure, sending a clear ANCE PLANS. of Health and Human Services [HHS] to es­ message to our Nation's citizens that Con­ (a) REQUIREMENT FOR CARRIERS AND tablish a schedule of preventive health care gress is taking steps to improve our Nation's PLANS.- services and to provide for coverage of these (1) IN GENERAL.-Each carrier and employer health care system. health benefit plan shall include in the serv­ services under private health insurance plans At this point in the RECORD I request that ices covered for each individual enrolled and health benefit programs of the Federal the full text of my bill be inserted for review by with the carrier or plan the preventive Government. my colleagues: health care services applicable to the indi­ More specifically, the Secretary of HHS, in H.R. 36 vidual under the schedule of preventive consultation with representatives of the major Be it enacted by the Senate and House of Rep­ health care services established under sec­ health care groups, will establish a schedule resentatives of the United States of America in tion 2. of recommended preventive health care serv­ Congress assembled, (2) DEFINI'l'IONS.-In this section: ices. The list of preventive services will follow SECTION I. SHORT TITLE. (A) The term "carrier" means any entity the guidelines published in the Guide to Clini­ This Act may be cited as the "Comprehen­ which provides health insurance or health cal Preventive Services and the Year 2000 sive Preventive Health and Promotion Act of benefits in a State, and includes a licensed insurance company, a prepaid hospital or Health Objectives. The preventive services will 1993". SEC. 2. ESTABLISHMENT OF SCHEDULE OF PRE­ medical service plan, a health maintenance cover periodic health exams, health screening, VENTIVE HEALTH CARE SERVICES. organization, the plan sponsor of a multiple counseling, immunizations, and health pro­ (a) INITIAL SCHEDULE.- employer welfare arrangement or an em­ motion. These services will be specified for (!) PROPOSED SCHEDUI .. E.-Not later than 6 ployee benefit plan (as defined under the Em­ males and females, and specific age groups. months after the date of the enactment of ployee Retirement Income Security Act of January 6, 1993 EXTENSIONS OF REMARKS 339 1974), or any other entity providing· a plan of Health and Human Services determines that (A) in subparagraph (E), by striking· "and" health insurance subject to State insurance the State has in effect a regulatory enforce­ at the end, reg·ulation, but such term does not include ment mechanism that provides adequate (B) in subparagTaph (F), by striking the for purposes of section 103 an entity that pro­ sanctions with respect to such a failure by semicolon at the end and inserting ", and", vides health insurance or health benefits such a carrier or of such a plan. and under a multiple employer welfare arrange­ "(b) AMOUN'l' OF TAX.- (C) by adding at the end the following new ment. "(1) IN GENERAL.-Subject to paragraph (2), su bparagTaph: (B)(i) Subject to clause (ii), the term "em­ the tax imposed by subsection (a) shall be an "(G) in the case of items or services de­ ployer health benefit plan" means a health amount not to exceed 25 percent of the scribed in section 1861(s)(2)(Q), which are not benefit plan (including· an employee welfare amounts received by the carrier or under the provided in accordance with the schedule of benefit plan, as defined in section 3(1) of the plan for coverage during the period such fail­ preventive health care services established Employee Retirement Income Security Act ure persists. under the Comprehensive Preventive Health of 1974) which is offered to employees "(2) LIMITATION IN CASE OF INDIV!DUAJ, FAIL­ and Promotion Act of 1993 ;"; and through an employer and for which the em­ URES.- ln the case of a failure that only re­ (2) in paragraph (7) , by striking· "paragraph ployer provides for any contribution to such lates to specified individuals or employers (l)(B) or under paragTaph (l)(F)" and insert­ plan or any premium for such plan are de­ (and not to the plan generally), the amount ing "subparagTaphs (B), (F), or (G) of para­ ducted by the employer from compensation of the tax imposed by subsection (a) shall graph (1)". to the employee. not exceed the aggTegate of $100 for each day (c) E1<, FEC'l'lVE DA'rE.- The amendments (ii) A State may provide (for a plan in a during which such failure persists for each made by this section shall apply to services State) that the term "employer health bene­ individual to which such failure relates. A furnished on or after January 1, 1994. fit plan" does not include an association rule similar to the rule of section 4980B(b)(3) SEC. 5. COVERAGE UNDER STATE MEDICAID plan (as defined in clause (iii)). shall apply for purposes of this section. PLANS. (iii) For purposes of clause (ii), the term "(c) LIABILITY FOR TAX.-The tax imposed (a) IN GENERAL.- "association plan" means a health benefit by this section shall be paid by the carrier. (1) INCLUSION JN MEDICAL ASSISTANCE.-Sec­ plan offered by an organization to its mem­ "(d) EXCEPTIONS.- tion 1905(a) of the Social Security Act (42 bers if the organization was formed other "(l) CORRECTIONS WITHIN 30 DAYS.-No tax U.S.C. 1396d(a)) is amended- than .for purposes of purchasing insurance. shall be imposed by subsection (a) by reason (A) by striking· "and" at the end of para­ (C) The term "full-time employee" means, of any failure if- graph (21); with respect to an employer, an individual "(A) such failure was due to reasonable (B) in paragraph (24), by striking the who normally is employed for at least 30 cause and not to willful neglect, and comma at the end and inserting· a semicolon; hours per week by the employer. "(B) such failure is corrected within the 30- (C) by redesig·nating paragTaphs (22), (23), (D) The term "health benefit plan" means day period beginning on earliest date the and (24) as paragTaphs (25), (22), and (23), re­ any hospital or medical expense incurred carrier knew, or exercising· reasonable dili­ spectively, and by transferring· and inserting policy or certificate, hospital or medical gence would have known, that such failure paragraph (25) after paragraph (23), as so re­ service plan contract, or health maintenance existed. designated; and subscriber contract, or a multiple employer "(2) WAIVER BY SECRETARY.-ln the case of (D) by inserting after paragraph (23) the welfare arrangement or employee benefit a failure which is due to reasonable cause following new paragraph: plan (as defined under the Employee Retire­ and not to willful neglect, the Secretary may "(24) services applicable to the individual ment Income Security Act of 1974) which waive part or all of the tax imposed by sub­ under the schedule of preventive health care provides benefits with respect to health care section (a) to the extent that payment of services established under the Comprehen­ services, but does not include- such tax would be excessive relative to the sive Preventive Health and Promotion Act of (i) coverage only for accident, dental, vi­ failure involved. 1993 (to the extent such services are not oth­ sion, disability income, or long-term care in­ "(e) DEFINITIONS.- For purposes of this sec­ erwise covered with respect to the individual surance, or any combination thereof, tion, the terms 'carrier', 'employer health under the State plan under this title); and". (ii) medicare supplemental health insur­ benefit plan', and 'small employer carrier' (2) COVERAGE MADE MANDATORY .-(A) Sec­ ance, have the respective meanings given such tion 1902(a)(10)(A) of such Act (42 U.S.C. (iii) coverage issued as a supplement to li­ terms in section 3(a)(2) of the Comprehensive 1396a(a)(10)(A)) is amended by striking "(17) ability insurance, Preventive Health and Promotion Act of and (21)" and inserting "(17), (21), and (24)". (iv) worker's compensation or similar in­ 1993." (B} Section 1902(a)(10)(C)(iv) of such Act (42 surance, or (2) CLERICAL AMENDMENT.-The table of U.S.C. 1396a(a)(10)(C)(iv)) is amended- (v) automobile medical-payment insur­ sections for chapter 43 of such Code is (i) by striking "(5) and (17)" and inserting ance, amended by adding at the end thereof the "(5), (17), and (24)"; and or any combination thereof. following new items: (ii) by striking "through (21)" and insert­ ing "through (24)". (E) The term "small employer carrier" "Sec. 4980C. Failure to comply with em­ means a carrier with respect to the issuance (C) Section 1902(j) of such Act (42 U.S.C. ployer heal th plan standards re­ 1396a(j)) is amended by striking "through of an employer health benefit plan which garding preventive health provides coverage to one or more full-time (22)" and inserting "throug·h (24)". care.''. (b) EFFECTIVE DATE.- (1) Except as pro­ employees of an entity actively engaged in vided in paragraph (2), the amendments business which, on at least 50 percent of its (3) EFFECTIVE DATE.-The amendments made by this subsection shall apply to plan made by subsection (a) shall apply to cal­ working days during the preceding year, em­ endar quarters beginning on or after January ployed at least 2, but fewer than 36, full-time years beginning after December 31, 1993. SEC. 4. COVERAGE OF PREVENTIVE HEALTH 1, 1994, without regard to whether or not employees. For purposes of determining if an final regulations to carry out such amend­ employer is a small employer, rules similar CARE SERVICES UNDER MEDICARE. (a) IN GENERAL.-Section 1861(s)(2) of the ments have been promulgated by such date. to the rules of subsection (b) and (c) of sec­ (2) In the case of a State plan for medical Social Security Act (42 U.S.C. 1395x(s)(2)) is tion 414 of the Internal Revenue Code of 1986 assistance under title XIX of the Social Se­ shall apply. amended- curity Act which the Secretary of Health (b) ENFORCEMENT THROUGH EXCISE TAX.­ (1) by striking· "and" at the end of subpara­ and Human Services determines requires (1) IN GENERAL.-Chapter 43 of the Internal graph (0); State legislation (other than legislation ap­ Revenue Code of 1986 (relating to qualified (2) by striking the semicolon at the end of propriating funds) in order for the plan to pension, etc., plans) is amended by adding at subparagraph (P) and inserting "; and"; and meet the additional requirements imposed the end thereof the following new section: (3) by adding at the end the following new by the amendments made by subsections (a) "SEC. 4980C. FAILURE TO COMPLY WITH EM­ subparagraph: and (b), the State plan shall not be reg·arded PLOYER HEALTH BENEFIT PLAN "(Q) in the case of an individual, services as failing to comply with the requirements STANDARDS REGARDING PREVEN­ applicable to the individual under the sched­ of such title solely on the basis of its failure TIVE HEALTH CARE. ule of preventive health care services estab­ to meet these additional requirements before "(a) IMPOSITION OF TAx.-· lished under the Comprehensive Preventive the first day of the first calendar quarter be­ "(1) IN GENERAL.-There is hereby imposed Health and Promotion Act of 1993 (to the ex­ ginning after the close of the first regular a tax on the failure of a carrier or an em­ tent such services are not otherwise covered session of the State legislature that begins ployer health benefit plan to comply with with respect to the individual under this after the date of the enactment of this Act. section 3(a)(l) of the Comprehensive Preven­ title);". For purposes of the previous sentence, in the tive Health and Promotion Act of 1993. (b) CONFORMING AMENDMENTS.-Section case of a State that has a 2-year legislative "(2) EXCEPTION.- Paragraph (1) shall not 1862(a) of such Act (42 U.S.C. 1395y(a)) is session, each year of such session shall be apply to a failure by a small employer car­ amended- deemed to be a separate regular session of rier or plan in a State if the Secretary of (1) in paragraph (1)- the State leg·islature. 340 EXTENSIONS OF REMARKS January 6, 1993 SEC. 6. COVERAGE OF PREVENTIVE HEALTH onstrate the effectiveness in providing pre­ grants over a 5-year period to 30 elig·ible em­ CARE SERVICES FOR VETERANS. ventive health care services in improving the ployers to establish and conduct on-site (a) IN GENERAL.-Section 1701(6) of title 38, health of individuals and reducing the aggTe­ workshops on health care promotion for em­ United States Code is amended- g·ate costs of providing· health care, under ployees. (1) by striking· "and" at the end of subpara­ which the Secretary of Health and Human (2) ELTGIBILITY.-An employer is eligible to g-raph

69-059 0-97 Vol. 139 (Pt. 1) 12 352 EXTENSIONS OF REMARKS January 6, 1993 ESTABLISHMENT OF A CORPORATION participating State. The board shall ensure THE INTRODUCTION OF THE UNI­ The bill establishes a National Public Works that the project is technically feasible and that VERSAL STUDENT NUTRITION Corporation that could leverage up to $50 bil­ awards are made on the basis of competitive ACT lion in capital for public facilities when fully bidding. The corporation is granted further funded by Federal and State governments. powers to audit the borrower's compliance HON. GEORGE MILLER The Corporation is to be composed of a bipar­ with the loan requirements and to take reme­ OF CALIFORNIA tisan board of directors. The revenues from a dial actions. IN THE HOUSE OF REPRESENTATIVES fraction of the interest on loans to State and local governments would be used to pay for DEFAULTS Wednesday, January 6, 1993 administrative costs and salaries. The quasi­ In the event of a default on the loan by a Mr. MILLER of California. Mr. Speaker, I am independent corporation's review of projects State and local government, half of the introducing today legislation that would give would be limited to: First, financial matters of amount of the default would be charged every school in the country the option of pro­ integrity on the institution's reserves and loan against the State's reserves. A State may re­ viding a universal school lunch and school portfolio; and second, the technical and com­ plenish its reserves within 2 years, but after breakfast program to each child in the school petitive aspects of projects. The determination that time, the amount of potential loans in the by the year 2000. This legislation is endorsed of investment levels and priorities rests with future would be substantially reduced. The re­ by the American Association of School Admin­ the States. serves are vitally important for maintaining the istrators, American Federation of State, Coun­ CAPITALIZATION AND RESERVE FUND creditworthiness of the corporation. ty and Municipal Employees, American School The initial capitalization of the corporation Mr. Speaker, this bill is not intended to be Food Service Association, Bread for the authorizes $2.5 billion from the Federal Gov­ a complete answer to the financing of our in­ World, Church Women United, End Hunger ernment, to be matched by $2.5 billion from frastructure needs, but it can be an important Network, National Association of Elementary participating States. The combined amounts of step in addressing a large part of the problem. School Principals, and the Society for Nutrition actual appropriations and State contributions The setting of priorities rests with the States. Education. I have also received numerous let­ constitutes a 10-percent reserve requirement Although the Federal Government will be en­ ters of support from other organizations, busi­ for the corporation. The total amount of out­ gaging in a new credit lending activity, several nesses, and school districts across the coun­ standing loans may be exceeded 10 times the provisions in the bill contain strong assurances try. A universal school lunch and breakfast pro­ amount of reserves. These loans will be fi­ that loan guarantees to bond investors carry gram would benefit the child, the family, the nanced through the issuance of bonds with as little risk as possible against loan defaults. school, and the Nation. Such a program would the full faith and credit of the Federal Govern­ I believe that this legislation will provide Con­ 19repare children for learning; fight childhood ment as a guarantee. gress with an opportunity to address the grow­ Although States must initially match the hunger; reallocate resources from paperwork ing infrastructure crisis in the years ahead in Federal contribution on a dollar-for-dollar to implementing the dietary guidelines for a cost effective manner. basis, they ultimately would be permitted to le­ Americans; promote program quality and in­ verage 20 times that amount in project loan crease student pcirticipation; enhance the funds. Moreover, the States could determine long-term health of Americans; provide an in­ their own contribution schedules, because INTRODUCTION OF MORTGAGE centive for children to go to and to stay in their fiscal capabilities may vary. REVENUE BONDS school; and eliminate the identification of low­ Participation in the corporation is voluntary. income students, as well as the welfare stigma The State chooses the amount and time of of the school lunch and breakfast programs. contributions. The maximum contribution is HON. BARBARA B. KENNELLY The current school nutrition program is at a limited to the amount that bears the same major crossroads. Since 1980, we have seen OF CONNECTICUT ratio to $2.5 billion as the State's population a very disturbing trend with regard to school bears to the national population. For example, IN THE HOUSE OF REPRESENTATIVES nutrition programs. In the last decade, Federal a State with 10 percent of the country's popu­ Wednesday, January 6, 1993 subsidies for school nutrition programs have lation may contribute up to $250 million. The been reduced; bonus USDA commodities Federal Government matches the contribution Mrs. KENNELLY. Mr. Speaker, today I am have essentially vanished; the administrative with an equal amount. If fully capitalized, the reintroducing legislation which would extend complexity and cost of administering the State is then entitled to loans of up to $5 bil­ the Mortgage Revenue Bond Program perma­ school nutrition program has increased dra­ lion, depending upon the State's contribution. nently. matically; and indirect cost assessments made As the loans are repaid, the States are entitled This program is both very popular and tre­ by local school administrators are draining the to second generation funds for further loans­ mendously successful. Mortgage revenue financial resources of the school food service an advantage over categorical grant programs. bonds have made it possible for over 2 million authorities. LOANS TO STATES AND LOCAL GOVERNMENT American families to become homeowners in According to the American School Food The corporation is authorized to make loans the past 20 years. In 1991 alone, this critical Service Association, as a result of these de­ to participating States and to units of govern­ program provided mortgages for 120,000 fami­ velopments, well over 100 schools have ment within those States. The loan may be lies. In fact, it provides 1 in every 12 mort­ dropped out of the National School Lunch Pro­ less than the total cost of the project, if other gages to first-time buyers. gram since 1989. This number does not in­ sources of funds are committed from Federal The 22,000 mortgage revenue bond loans clude schools that have merged or closed. and State grants, local contributions and pri­ for newly constructed homes for low- and While this number is a small percentage of the vate donations. The funds are generally avail­ moderate-income families in 1991 produced total number of schools participating in the able for the construction, reconstruction, reha­ 40,000 jobs and generated over $1.1 billion in School Lunch Program, it is a warning signal bilitation, or repair of any public facility. How­ wages and tax revenues. that we should pay attention to if we are to ever, the repayment of the loan and the oper­ avert a major disintegration of the program. During the 102d Congress, my bill to extend ation, maintenance, and replacement costs of Indeed, it is not enough for us simply to pro­ this program permanently garnered 401 co­ the project must be tied to a guaranteed tect the status quo, we need to do better. In sponsors, more than any other substantive stream of revenues for the use of the facility. the United States we serve approximately 60 The interest rate on the loan is based upon piece of the legislation in the House. In addi­ percent of our students a school lunch. In the cost of borrowing funds and the corpora­ tion, an extension of mortgage revenue bonds Japan they serve approximately 98.2 percent tion's administrative costs. Interest rates may was included in both tax bills vetoed by Presi­ of their elementary school children a school be reduced across the board through a direct dent Bush. lunch. If we are going to meet our education appropriation by Congress. This authority is to I am optimistic that President-elect Clinton goals for the United States by the year 2000 be used when high interest rates would make will see the merits of this vital program and and prepare our children to learn, we must es­ the cost of loans from the corporation an inor­ look forward to working with the new adminis­ tablish a school nutrition program that is con­ dinate burden on borrowers. tration in crafting a comprehensive economic sistent with our education objectives. The corporation may only approve loans policy. I would urge my colleagues to support In the last decade, we have treated the Na­ that have the approval of the Governor of a mortgage revenue bonds. tional School Lunch and Breakfast Programs January 6, 1993 EXTENSIONS OF REMARKS 353 as a welfare program, emphasizing the in­ part of our social fabric. It is important that we erans at the time of their induction into the come of the child participating in the program. not let these programs unravel. It is important service of their country, to provide them with We are hampering the administration of the that we reach all children in America with a reasonable compensation for their funeral program with more and more paperwork trying school lunch and school breakfast so that we costs. Reinstating these deserved benefits to to document the income of the children's fami­ might truly prepare them for learning. our veterans is essential to fulfill our obligation lies. Students and schools are rebelling Last year, Senator MITCHELL introduced, and to all those who have fought and risked their against this trend. According to a study done the Senate passed, Senate Resolution 303, lives to protect the ideals and people of our for USDA, there are approximately 4 million which calls upon the USDA to study the imple­ great Nation. poor children eligible for free and reduced mentation of a universal breakfast and lunch At this point in the RECORD I request the full price meals who are not currently participating program. I commend Senator MITCHELL for in­ text of my bill be inserted for review, and I in­ in the program. In addition, as I mentioned, troducing this resolution and look forward to vite my colleagues to cosponsor this important schools are beginning to drop out of the working with my Senate colleague on this legislation. School Lunch Program. endeavor. H.R. 34 The National School Lunch and Breakfast I look forward to working with all members Be it enacted by the Senate and House of Rep­ Programs should be treated as part of the on the House Education and Labor Committee resentatives of the United States of America in education day-a support service like text­ and all members on the House Ways and Congress assembled , books and school buses. Schools throughout Means Committee so that we might identify SECTION 1. SHORT TITLE. the United States should not be asked to du­ how we can achieve this objective. This Act may be cited as the "Veterans' plicate that which is already being done by Burial Benefits Act of 1993". State welfare departments and the Federal In­ SEC. 2. ELIGIBILITY FOR BURIAL ALLOWANCE. VETERANS FUNERAL BENEFITS ternal Revenue Service. Schools should not Subsection (a) of section 902 of title 38, have to spend their limited resources on trying United Stat es Code, is amended to read as to document the income of children. We must HON. BENJAMIN A. GILMAN follows: " (a) Where a veteran dies- find a better way for structuring the National OF NEW YORK IN THE HOUSE OF REPRESENTATIVES " (1) of a service-connected disability; or School Lunch and Breakfast Programs. " (2) who was- The legislation I am introducing today would Wednesday , January 6, 1993 "(A) a veteran of any war; give each school in America the option-and Mr. GILMAN. Mr. Speaker, yesterday I intro­ "(B) discharged from the active military, it is only an option-of administering a Univer­ duced legislation to boost funeral benefits to a naval, or air service for a disability incurred sal School Lunch and Breakfast Program. level previously afforded to all our veterans or aggravated in line of duty; or Under this legislation, schools exercising the (H.R. 34). "(C) in receipt of (or but for the receipt of universal option would receive a reimburse­ retirement pay would have been entitled to) As many of my colleagues are aware, prior disability compensation; ment from USDA for each meal served that to 1981, a burial allowance of up to $300 was the Secretary, in the Secretary's discretion, was not dependent on the income of the child. provided in all cases where a veteran died: Schools would not have to seek income infor­ having due regard to the circumst ances in First, of service-connected disability; second, if each case, may pay a sum not exceeding $400 mation or spend their time and money trying he was a veteran of any war; third, if he was to such person as the Secretary prescribes to to verify income information. All students discharged for a disability incurred or aggra­ cover the burial and funeral expenses of the would be treated alike. Poor students would vated in the line of duty; or fourth, if he was deceased veteran and the expense of prepar­ not be identified as poor and nonpoor children in receipt of, or entitled to, disability com­ ing the body and transporting it to the place would not have to be concerned about the pensation. of burial. For the purpose of this subsection, image of participating in the National School Under the Omnibus Reconciliation Act of the term 'veteran' includes a person who Lunch Program. 1981, the veterans' burial benefits were de­ died during a period deemed to be active I fully appreciate, Mr. Speaker, that there military, naval, or air service under section creased significantly by limiting funeral bene­ 106(c) of this title.". will be those who say this is a great idea but fits to veterans receiving pension or com­ SEC. 3. INCREASE IN THE BURIAL PLOT ALLOW­ it is one we cannot afford given the size of our pensation benefits, or residing in a VA-sup­ ANCE. deficit. I am certainly not oblivious to the very ported health facility at the time of death. That Paragraphs (1) and (2) of section 903(b) of real economic challenge we face as a country. reduction mistakenly placed an economic title 38, United States Code, are amended by To those individuals, I would answer as fol­ value on a benefit given by Congress to en­ striking out " $150" each place it appears and lows: sure that all veterans would be buried with inserting in lieu thereof "$300" . First, the effective date on this legislation dignity and respect, regardless of their income would be the year 2000, to coincide with our or social standing at time of death. It is also education goals for the Nation giving us time in direct violation of a longstanding principle TRIBUTE TO COL. DONALD C. to address the funding question. held by the American Legion which calls for FISHER, JR., USA Second, before this legislation can be equal benefits for equal service. brought to the floor of the House, we must In the 1990 Veterans Benefits and Services HON. LEON E. PANEITA identify how to fund such a program. One pos­ Reconciliation Conference Agreement, burial OF CALIFORNIA sibility which has been suggested by some, plot allowances have been further limited. The IN THE HOUSE OF REPRESENTATIVES and which I am willing to explore, is the possi­ conference agreement eliminates the plot al­ Wednesday, January 6, 1993 bility of collecting the cost of the meal from the lowance of $150 with the exception of veter­ same parents who currently pay for the school ans who are in receipt of OVA disability bene­ Mr. PANETTA. Mr. Speaker, on Friday, Jan­ lunches on a daily or weekly basis but collect fits, such as compensation or pension. uary 22, 1993, Col. Donald C. Fisher, Jr. will the fee annually through the IRS. The Internal My legislation restores the pre-1981 eligi­ retire after 30 years of service in the U.S. Revenue Service is aware of each house­ bility for veterans for the purposes of receiving Army. Colonel Fisher will end a long and dis­ hold's income, and is also aware of the age of funeral benefits, increases the amount of tinguished career defending our Nation dependent children. This use of the IRS may those benefits from $300 to $400, and in­ through three decades of both peace and con­ well be justified if we are to reach the impor­ creases the plot allowance from $150 to $300. flict, from Vietnam to the Persian Gulf. tant public policy objective of feeding our chil­ The death of a loved one is an emotional Born in Columbus, OH, Colonel Fisher grad­ dren. If we were to proceed through the IRS, strain on a family, it should not be a financial uated from Ohio State University with a de­ the cost of my universal legislation would be one too. In these times, the cost of a burial gree in education and received a commission zero. has increased dramatically, often becoming a as a second lieutenant in 1963. The National School Lunch Program cur­ tremendous financial burden on the families of His first assignment took him overseas to rently serves approximately 25 million children these veterans during their time of grief. It is Mainz, Germany, where he commanded an a day and the National School Breakfast Pro­ my sincere hope that my legislation will help ordnance detachment and served as a staff gram currently serves approximately 4 million defray a portion of these burdensome costs. officer. Returning to the United States, he was children a day. These programs have been We have a moral obligation to restore these an instructor at the Army Missile Munitions enormously successful and are an important benefits that we promised to our Nation's vet- Center and School from 1966 to 1967. Com- 354 EXTENSIONS OF REMARKS January 6, 1993 pleting the Ordnance Officer's Advance THE WAXAHACHIE INDIANS of Congress recognizes the negative effects of Course, he served as a company commander the national debt on our ability to allocate our and in various staff positions in Vietnam. Sent HON. MARTIN FROST national resources. Payment of interest on the to the Air Force Institute of Technology, he OF TEXAS debt now chews up $214 billion per year, earned a masters degree in logistics manage­ IN THE HOUSE OF REPRESENTATIVES making it one of the three largest budget items ment. Assigned to the Headquarters, Depart­ Wednesday, January 6, 1993 behind national defense and Social Security. ment of the Army, Colonel Fisher worked on Clearly we must do something. new systems fielding, acquisition, product im­ Mr. FROST. Mr. Speaker, I am very pleased Since the introduction of this proposal last provement, and logistics support policy. From that my very first statement before this body is June, I have been inundated with letters and 197 4 to 1975, he attended the Army Com­ to announce that the Waxahachie Indians are calls from all over America expressing support mand and Staff College and earned a master the Texas High School 4A football champions. for my proposal. Some have offered to donate of military arts and science. The Army's next The Waxahachie Indians, led by Coach Scott money to finance the construction of the clock few assignments for Colonel Fisher included Phillips, were a perfect 16-0 this season as since no Federal funds can be used to pay for maintenance battalion executive officer, com­ they won the school's first State championship it. Others have indicated that they have asked manding officer of an ordnance battalion, and in football. their own Representative to cosponsor. commanding officer of a division support com­ Texas football is steeped in tradition. I can The debt clock may not solve our debt prob­ mand in Germany. remember attending Friday night football lem, in fact it will take much more fortitude Colonel Fisher's personal decorations in­ games when I was in high school. It was not and will than just a clock. But it could be a be­ clude the Legion of Merit, Meritorious Service just another school event; it was the city's ginning that will go a long way toward height­ Medal-2d award, Army Commendation event of the week. So, I am sure that the en­ ening the awareness of Members of Con­ Medal-2d award, Battle Service Medal-2d tire city of Waxahachie is proud of their foot­ gress, the media, and visitors to the Capitol award, Overseas Service Ribbon, Army Serv­ ball team and its accomplishments this sea­ about the national debt. It is a herculean task ice Ribbon, and National Defense Service son. that lies ahead of us but we must start some­ Medal-2d award. Colonel Fisher is married to Although none of the preseason prognos­ where. the former Annerose Strunck of Bad ticators gave the Indians a chance, they suc­ Kreuznach, Germany. They have one son, ceeded in proving all doubters wrong. The Tony. previous season, the Indians were dis­ DICK !CHORD Colonel Fisher began his twilight tour as the appointed in the quarterfinals of the State commandant of the Defense Language Insti­ playoffs. However, this year, they were deter­ HON. JAMES H. (JIMMY) QUILLEN mined to go the distance. The Indians began tute and Foreign Language Center Presidio in OF TENNESSEE their road to victory with a rigorous off-season Monterey, CA in August 1989. Responsible for IN THE HOUSE OF REPRESENTATIVES foreign language training for the Department program. And once their season began, they Wednesday, January 6, 1993 of Defense and numerous other Federal agen­ would go on to outscore their opponents by cies, the Defense Language Institute instructs more than 400 points and end their season by Mr. QUILLEN. Mr. Speaker, I will like to take over 30,000 students a year in 50 different defeating the def ending State champions in a this opportunity to pay tribute to my dear languages. Colonel Fisher's exceptional mili­ thrilling State championship game. friend and former colleague from Missouri, the tary and professional ability contribute to his The Waxahachie Indians achieved perfec­ Honorable Richard H. lchord, Jr., who passed success at supervising 4,200 students and tion this season and are truly worthy of the away on Christmas day. Dick lchord and I faculty members. name, champion. served together in this House for 18 years Through his dynamic and bold leadership, until his departure in 1981, and although we Colonel Fisher's superlative efforts will leave a NATIONAL PUBLIC DEBT CLOCK were on opposite sides of the aisle, I can think lasting impact on the Institute and the sur­ of few Members of this body who did more rounding communities. He set a personal ex­ HON. WILLIAM F. CLINGER, JR. during their tenure to keep America a strong, ample to improve the quality of life for the en­ proud, and free nation. tire community, encouraging his students and OF PENNSYLVANIA In his 20 years of service, Dick never failed staff to participate in various charitable activi­ IN THE HOUSE OF REPRESENTATIVES to advocate positions that would strengthen ties in the community. Through his policies Wednesday, January 6, 1993 the national defense, even when such atti­ and guidance, the Defense Language Institute Mr. CLINGER. Mr. Speaker, the national tudes were not popular. During the late earned the Monterey Peninsula's Best Major debt now stands at over $4 trillion. Each 1970's, as chairman of the Armed Services Employer of the Disabled in 1991. The Insti­ American family's share of that staggering Subcommittee on Research and Development, tute continually provided support for many amount is over $55,000, more than the aver­ Dick laid much of the groundwork that led to other activities, including: Special Olympics, age hardworking wage earner makes in an en­ the Reagan administration's defense buildup, March of Dimes, Meals on Wheels, Adopt a tire year. which finally ended the cold war once and for Beach, Salinas Air Show, blood drives, youth In an effort to demonstrate the magnitude of all. History has proven the wisdom of the athletic leagues, and countless other commu­ this amount, I proposed in the 102d Congress strong defensive military that Dick championed nity events. to install a national public debt clock in the for his entire career. Our world is undergoing dramatic change. Capitol complex which would display a contin­ Dick lchord also served with distinction as The end of the cold war and the triumph of uous running tally of our fiscal malpractice. the chairman of the House Un-American Ac­ freedom and democracy over totalitarianism The clock would serve as a constant reminder tivities Committee during the last 6 years of its has ushered us into a new era, one of hope to Members of Congress of the important existence. While the committee took a lot of for global cooperation. Col. Donald C. Fisher, practical effect of their spending votes. I am criticism, I still feel that it was a useful and Jr. has selflessly served our Nation for the pleased to reintroduce this proposal in the necessary forum for shedding light on those past 30 years, through war and peace. He ex­ 103d Congress and I ask my colleagues for who sought to overturn our democratically emplifies the qualities of a good leader: sound their support. elected Government by force. It was a difficult judgment, compassion, innovative and creative The year 1993 could be a pivotal one for job, which Dick completed with hard work and thinking, and the desire to help others. These our country. A new President will take office. distinction. qualities which he continuously demonstrated The House of Representatives has been in­ After Dick left Congress, he continued to have been a positive example to all those who fused by 110 freshmen Members. The U.S. further the interests of a strong national de­ have had the pleasure to know and work with Senate will experience a turnover of over 10 fense by doing consulting work, and he re­ him. percent. This new leadership could move our mained active in community service. In 1990, Mr. Speaker, I salute Colonel Fisher's distin­ country forward by recognizing the severity of he retired to his farm in the Missouri country­ guished record of achievement and contribu­ our national debt or they could ignore it, with side which he loved. I was saddened to hear tion and I ask my colleagues to join me in false rationalizations and budget gimmickry. of his passing, and my heartfelt condolences commending him on his remarkable contribu­ Supporting the installation of the debt clock go out to the family of this great, principled tions to his nation and community. would be an important indicator that a Member legislator. January 6, 1993 EXTENSIONS OF REMARKS 355 DOUBLE TAXATION IN INDIAN Mr. Speaker, let us level the playing field For almost 4 years, over 100,000 Filipinos COUNTRY and provide an incentive for doing business in fought alongside the Allies, in reclaiming the Indian country. I urge my colleagues to sup­ Philippine Islands from Japan. HON. BILL RICHARDSON port this legislation. In return, Congress enacted the Rescission OF NEW MEXICO Act of 1946, which limited the benefits re­ IN THE HOUSE OF REPRESENTATIVES ceived for service-connected disabilities and A TRIBUTE TO DONALD J . death compensation, denying members of the Wednesday, January 6, 1993 STEPHEN Philippine Commonwealth Army from being Mr. RICHARDSON. Mr. Speaker, today I am recognized as United States veterans. reintroducing legislation of critical importance HON. GEORGE E. SANGMEISTER Additionally, on May 12, 1989, the United to the economic viability of Indian tribes and OF ILLINOIS States District Court for the District of Colum­ businesses operating on Indian lands. Every­ IN THE HOUSE OF REPRESENTATIVES bia announced in the Quiban versus Veterans one knows that if you want to operate a busi­ Wednesday , January 6, 1993 Administration case that limiting the veterans ness in this country, you have to pay taxes. benefits received by veterans of the Philippine Mr. SANGMEISTER. Mr. Speaker, I rise The same holds true for doing business in In­ Army and their spouses is unconstitutional. today to salute a dedicated public servant and dian country. The only difference is that in In­ The court stated that once the Philippine Army good friend from the 11th Congressional Dis­ dian country, a business often has to pay the was called into service by President Roo­ trict who will be honored this Sunday, January same taxes twice. sevelt, they became members of the Armed 10, 1992, in Frankfort, IL, for his dedicated The Supreme Court has recognized the Forces of the United States, serving on the service as that community's director of public right of Indian tribes to impose taxes on activi­ same terms as other members of the United works, Don Stephen. ties within reservation lands. Undoubtedly, the States Armed Forces. Unfortunately, the court To say Don saw a lot of changes in his 25 power of Indian tribes to tax is an integral part of appeals overturned this ruling. years of service to Frankfort is an understate­ of their inherent sovereignty, and the revenue Mr. Speaker, although Congress has begun ment. When he started with the village's public derived from taxes is critically needed by to take the necessary steps to give the Phil­ works director in 1967, Frankfort was still very tribes to provide services to their people. How­ ippine World War II veterans the recognition much like the small farming community it had ever, the Supreme Court has also held that they so justly deserve, there is more to be been at the turn of the century. When he re­ the States may tax the same business activi­ done to correct this injustice. For years veter­ tired last September, he had witnessed a ties as those taxed by tribes. In short, if you ans have been struggling for recognition and quarter century of tremendous growth and de­ want to do business in Indian country, be pre­ benefits they deserve. To all my colleagues velopment as the village had become a full­ pared to do so on an unlevel playing field. that share my concern that Philippine World fledged Chicago suburb. Let me shed some light on the size of this War II veterans deserve to be recognized as Throughout the last 25 years, one thing has playing field. There are approximately 300 United States veterans, I urge you to cospon­ remained constant in Frankfort, Don Stephen's Federal Indian reservations in the United sor this measure. dedication and service to his community. Don States, and over 500 federally recognized At this point in the RECORD I request that gave much of his own personal time to his job. tribes. A total of 53 million acres of land is the full text of my bill be inserted for review by He never thought twice about going out on a held in trust by the United States for various my colleagues. Indian tribes. The Navajo Reservation alone stormy night and helping someone pump out their basement when it flooded, or doubling H.R. 35 encompasses almost 16 million acres of land back to clean out the end of a driveway that Be it enacted by the Senate and House of Rep­ in New Mexico, Arizona, and Utah. As you can resentatives of the United States of America in had been accidentally blocked by one of his imagine, there are thousands of private sector Congress assembled, That section 101(2) of snowplows. businesses working with tribes that might be title 38, United States Code, is amended by As the community grew, Don always main­ affected by double taxation. adding at the end the following new sen­ Faced with paying double taxes, many busi­ tained the philosophy of helping his neighbors, tence: "Such term includes a person who is a and his assistance often made those little nesses have been forced economically to Commonwealth Army veteran within the emergencies keep from becoming big crises. meaning of section 635(1) of this title.". move their operations off reservations. In addi­ His willingness to lend a helping hand to his tion, tribes are finding it more difficult to attract new business because of the financial burden fellow employees and the people of Frankfort will not soon be forgotten. IN HONOR OF DR. JEAN MAYER involved. This comes at a critical time when Mr. Speaker, on behalf of my constituents in tribes are struggling to establish and cultivate Frankfort and myself, I thank Don Stephen for HON. EDWARD J. MARKEY mutually beneficial relationships with the pri­ a job well done. OF MASSACHUSETTS vate sector. IN THE HOUSE OF REPRESENTATIVES Thus, I am reintroducing legislation that would provide a tax credit against taxes paid PHILIPPINE COMMONWEALTH Wednesday , January 6, 1993 to Indian tribal governments in situations ARMY VETERANS BENEFITS Mr. MARKEY. Mr. Speaker, I rise today to where businesses must pay identical taxes to pay tribute to one of the truly great men of our the State. The bill would amend the Internal HON. BENJAMIN A. GILMAN time, Dr. Jean Mayer. He was a man of great Revenue Code of 1986 to allow a credit OF NEW YORK vision, and he was a true friend. against income tax for severance taxes and What set him apart from other visionaries IN THE HOUSE OF REPRESENTATIVES personal property taxes paid to Indian tribal was his ability to turn these ideas into actions governments in carrying on a trade or busi­ Wednesday , January 6, 1993 and guide them toward fruition. The world will ness. The credit is limited to activities or prop­ Mr. GILMAN. Mr. Speaker, yesterday I intro­ remember Jean Mayer as a hero of the erties which are double taxed. However, it duced legislation amending title 38, United French resistance in World War II, an inter­ may be allowed as part of the general busi­ States Code, to provide that persons consid­ nationally renowned nutritionist, advisor to ness credit and is allowable against the entire ered to be commonwealth army veterans by three U.S. Presidents, and a tireless crusader regular tax as well as the alternative minimum reason of service with the Armed Forces dur­ to end world hunger. He held two doctorates tax. ing World War II in the Philippines shall be eli­ in philosophy, 22 honorary degrees, authored While not all of the States with Indian res­ gible for full veterans' benefits from the De­ 750 professional papers, and 1O books. ervations have chosen to exercise their power partment of Veterans Affairs (H .R. 35). I will remember Jean Mayer as the man to tax those reservation, fiscal belt tightening On July 26, 1941, President Roosevelt is­ who changed a small, lesser known college in continues across the country and most States sued a military order, pursuant to the Phil­ my district into one of the Nation's most inno­ are looking to increase revenues. Many will ippines Independence Act of 1934, calling vative and distinguished universities. Jean undoubtedly turn to the reservations as an ad­ members of the Philippine Commonwealth Mayer became the president of Tufts Univer­ ditional source. This will detrimentally impact Army into the service of the United States sity in 1976, and immediately began to make the tribes as well as those who want to do Forces of the Far East, under the command of his indelible mark on the school. In 1979, he business with them. Lt. Gen. Douglas MacArthur. started the Tufts University School of Veteri- 356 EXTENSIONS OF REMARKS January 6, 1993 nary Medicine which was New England's first For these reasons we have reintroduced nology. Thus, if there is a downturn in a local regional veterinary school. Jean founded the this concurrent resolution. I ask that you join economy or if a regionally dominant industry Sackler School of Graduate Biomedical Mr. OXLEY and myself and support this meas­ goes into a slide, the bank has other sources Sciences in 1980. In 1981, he created the Na­ ure because ignoring proper work training puts of deposits and customers. tion's first graduate school of nutrition. The our future at risk. In a study prepared for the Financial Institu­ next year he set up the U.S. Department of tions Subcommittee entitled "Banking Industry Agriculture Human Nutrition Research Center in Turmoil: A Report on the Condition of the on Aging. Once again a pioneer, he started STABILIZING THE BANKING SYS- U.S. Banking Industry and the Bank Insurance the Center for Environmental Management at TEM THROUGH INTERSTATE Fund," banking experts James R. Barth, R. Tufts in 1986, making the school the first uni­ BANKING AND BRANCHING Dan Brumbaugh, and Robert E. Utan ex­ versity in the world to make an environmental pressed it this way: literacy program a part of core curriculum for HON. PETER HOAGLAND There is virtually no other business in the all of its students. Finally, he convened two OF NEBRASKA U.S. that is so g·eographically restricted as different global conferences of university presi­ IN THE HOUSE OF REPRESENTATIVES the banking business. * * * At a minimum, dents in the last few years to work toward Wednesday, January 6, 1993 allowing banks to branch nationwide would world peace and a sustainable environment. permit them to diversify their risks and thus Mr. HOAGLAND. Mr. Speaker, as the 103d Dr. Jean Mayer passed away on January 1, reduce the deposit insurance liabilities of Congress convenes, we must put at the top of the federal g·overnment. It is difficult to be­ 1993, at the age of 72. He will be sorely our agenda revitalization of the Nation's ane­ lieve that 9 of the top 10 banks in Texas that missed by those thousands whose lives he mic economy. Today, Congressman MCCOL­ failed during· the 1980's would also have failed touched through all of his worthy endeavors LUM and I, are introducing the Nationwide had they been part of larger nationwide oper­ both internationally and here at home. He will ations. Similarly, had Continental Illinois Banking and Branching Act of 1992, which be especially missed by those of us whose been able to branch beyond the confines of could play a strong role in that revitalization lives he enriched through his monumental ef­ Chicag·o and thus diversify its funding· because American banks are hamstrung by forts at Tufts University. sources, it is at least conceivable that the antiquated laws that impede their lending and deposit run that helped trig·ger the bank's put them at a competitive disadvantage with collapse would not have happened, or if it SUPPORT BETTER TRAINING FOR other financial institutions and with their for­ did, would have had the same disastrous ef­ INDUSTRIAL TRUCK OPERATORS eign competitors. The bill we are introducing fects. today is modeled after the bill reported from Banks which are geographically diverse can HON. AUSTIN J. MURPHY the House Committee on Banking and Urban diffuse losses over a broader base. As banks Affairs in June 1991 and an administration become broader and more diverse, failure is OF PENNSYLVANIA proposal. less likely. There will be fewer failures which IN THE HOUSE OF REPRESENTATIVES LAWS ANTIQUATED will result in banks paying lower deposit insur­ Wednesday , January 6, 1993 We have what is known as a dual banking ance premiums and ultimately lower charges Mr. MURPHY. Mr. Speaker, my colleague system. Banks may be chartered as national to customers. from Ohio, MIKE OXLEY, and I have introduced banks and regulated by the Federal Govern­ AFFIRMING CURRENT ACTIVITY a concurrent resolution which calls on the Oc­ ment or they may be chartered as State banks Current law authorizes considerable inter­ cupational Safety and Health Administration of and regulated by State governments. There state banking activity already. This legislation the Department of Labor [OSHA] to act on an are two laws that, in our view, make banking would allow it to expand further, but primarily important matter. As you may be aware, a pe­ today cumbersome: The McFadden Act, en­ would allow it to expand more efficiently. In tition was filed in March 1988 with OSHA to acted in 1927 and last amended in 1933, and addition, the bill is authorizing what is basically amend existing Federal regulations requiring the Douglas amendment enacted in 1956. The happening already. In recent years, many training and certification for operators of pow­ McFadden Act prohibits interstate branching State have enacted legislation permitting re­ ered industrial trucks. This petition sought a by national banks. The Douglas amendment ciprocal interstate banking and the courts have clarification of the current regulations by spe­ prohibits bankholding companies from charter­ upheld these laws. Thirty-four States have cifically outlining the elements of an adequate ing or acquiring a bank in another State un­ passed laws to permit nationwide banking training program for operators of these vehi­ less expressly permitted to do so by State law. through bankholding companies. Fourteen cles. OSHA responded to this petition by Our bill has three major features. First, it States permit regional banking. Thus, 48 launching into a lengthy study. would authorize the Federal Reserve to ap­ States already permit some form of interstate We introduced a resolution similar to today's prove interstate acquisitions upon enactment banking. Only two States prohibit all forms of proposal during the last Congress, because by repealing the Douglas amendment. Sec­ interstate banking. we believed then as we believe now, that ond, 2 years after enactment, it would allow In addition, modern technology makes it vir­ enough time to study the measure has banks to establish or acquire a branch outside tually impossible for a bank not to operate elapsed. OSHA has finally begun formal pro­ their home State, unless the legislature of the interstate. According to "Banking Law Man­ ceedings to implement these regulatory pro­ receiving State passes legislation opting out or ual," Norton and Whitley: posals. While we laud OSHA for their action, prohibiting out-of-State banks from branching As a practical matter, today almost any we feel that it is necessary to continue to en­ into their State. Third, beginning 2 years from type of financial institution can originate or courage the agency in its progress. For this enactment, it would allow bankholding compa­ acquire assets on a nationwide basis through reason, we are reintroducing a resolution call­ nies with bank subsidiaries in more than one many formal and informal avenues that ex­ ing on OSHA to continue their momentum. State to combine two or more subsidiary tend its market reach beyond the traditional bank headquarters location: interstate own­ Our new President, who will soon begin his banks into a single bank merger, consolida­ tion, or other transaction. A summary of the ership of banks and thrifts, lending· through term of office, has stated that better training affiliated nonbank/nonthrift finance compa­ and education of the American work force will provisions of the bill appears at the end of this nies, mortgag·e companies and loan produc­ be a priority during his administration. This pe­ statement. tion offices, purchase of local participations tition provides an excellent opportunity to PROTECTING THE DEPOSITOR and securitized assets through correspondent move closer to achieving this policy goal. Many studies show generally that the more bank network, credit card lending, statewide The value of a thorough training program locations a bank has, the less likely it is to fail. and interstate branching* * * cannot be underestimated. A properly trained Further, banks that are allowed to operate EFFICIENCIES employee will contribute to the reduction of job across State lines and into different regions Interstate expansion saves costs for banks related accidents, and in the end make the are less likely to fail because they can diver­ which in turn helps attract capital, increase workplace safer and more productive for ev­ sify their deposit base and their loan portfolios. profits, and lower charges to consumers. eryone. We believe that this resolution pro­ A bank operating in more than one State with Under the current system, a bankholding com­ vides benefits both to operators as well as a diverse base, for instance, is less likely to pany, if it is to operate interstate, must operate those ultimately charged with the costs of job become overly dependent upon a local econ­ through a separately chartered bank in each site accidents. omy, like agriculture, oil, or defense tech- State. A bank must set up a separate board January 6, 1993 EXTENSIONS OF REMARKS 357 of directors and management, prepare sepa­ they had 1O percent. Commercial banks' re­ branches to consumer protection and fair rate regulatory reports, undergo separate ex­ turn on average equity in 1970 was 12.36 per­ lending laws of the host state. aminations, and install separate computer sys­ cent on aftertax earnings; in 1990, it was 7.84 COMMUNITY REINVESTMENT REQUIREMENTS tems. Banks must satisfy capital requirements percent. In 1970, there were 251 banks on Requires federal supervisory agencies to separately. Eliminating this duplication would FDIC's problem list; from 1985 to 1990, that prepare for banks with interstate branches a mean tremendous savings for banks and for number topped 1,000 each year. written evaluation of the entire institution's the consumer. More savings mean strength­ record of performance in community rein­ CONCLUSION vestment and for each state in which the ened capital and more stable banking. Congress has a responsibility to protect the bank has one or more branches, a separate A McKinsey and Co. study found that inter­ taxpayer, the depositor, and the fund that in­ written evaluation of the record of perform­ state branching "could yield as much as $1 O sures customers' deposits by providing banks ance within each state, including informa­ billion annually in cost savings." A study com­ the modern tools they need to run a reliable, tion by metropolitan area. missioned by the Congressional Budget Office modern business. The statutory restrictions on GUIDELINE FOR MEETING CREDIT NEEDS conservatively estimates cost reductions of 3 interstate banking are artificial and weaken an Requires federal supervisory banking· agen­ percent to 4 percent. This study concludes industry vital to our Nation's health. The role cies to publish regulations establishing that reducing real costs by 3 percent to 4 per­ of Congress should be to promote competi­ guidelines to ensure that each interstate cent would be passed on to bank customers tion, not hinder it. This bill is an attempt to do branch meets the credit needs of the commu­ in the form of reductions in real prices for that, and I hope my colleagues will join us in nity and market area in which the branch banking services. "A reduction in real costs enacting it into law. operates. would likely generate a 3-percent reduction in SUMMARY 01'' THE NATIONWIDE BANKING AND real prices (e.g., lower loan rates and/or high­ BRANCHING ACT OF 1993 SYSTEMATIC APPROACH FOR er deposit rates)," the study maintains. NATIONWIDE BANKING VALUE ENGINEERING ACT CUSTOMER CONVENIENCE Authorizes the Board of Governors of the An interstate network otters the consumer Federal Reserve System to approve applica­ advantages especially in areas near State bor­ tions to acquire the assets of any insured de­ HON. CARDis.5 COLLINS ders. For example, a customer could do all of pository institution or bank holding com­ OF ILLINOIS his or her banking in any State in which the pany in any state beginning 18 months after IN THE HOUSE OF REPRESENTATIVES enactment of this bill. bank operates. Because, under current law, Wednesday, January 6, 1993 INTERSTATE BRANCHING BY NATIONAL BANKS banks have separate computer systems, a Mrs. COLLINS of Illinois. Mr. Speaker, yes­ checking account with a bank in one State Authorizes the Comptroller of the Cur­ rency to approve applications to permit a na­ terday I introduced a bill that is urgently need­ could not be accessed in an affiliate bank in ed to improve the way our Government does another State. Consolidating computer sys­ tional bank to establish or acquire and oper­ ate a branch in a state outside the state in business. My bill, the systematic approach for tems would be especially convenient for trav­ which the main office of the bank is located. value engineering, would enable the Govern­ elers. Who hasn't run short of cash while trav­ Requires any branch to be subject to the ment to routinely yield significant contract sav­ eling? consumer protection and fair lending laws of ings while improving quality at the same time. Interstate branching would bring improved the host state unless preempted by federal It is a rare case where the taxpayers, the Gov­ law. and cheaper services for both consumers and ernment, and the American economy will reap corporations. A CBC-sponsored study states Prohibits discrimination against the branch of a bank on the basis of the location tremendous savings. In short, it is a "win-win" that among the economies of scale is the fact situation for everyone. that disbursing customers are more likely to of the main office and provides that state laws shall apply to branches as if the branch Value engineering, or VE, is a multifaceted, do business with the same bank as collecting is a national bank with a main office in that creative, team-conducted technique that de­ customers. This also could reduce internal state. fines the objective of a product, service, proc­ costs. Allows states ·to enact legislation to "opt ess, or construction project and questions INTERNATIONAL COMPETITION out" (prohibit out-of-state banks from estab­ every step toward reaching it. It does so with lishing or acquiring branches in the state). Finally, there is the issue of international an eye to reducing all costs-including initial competitiveness. Most European countries INTERSTATE BRANCHING BY STATE BANKS and -long-term costs-and completion time have already adopted full nationwide branch­ Authorizes, within three years after enact­ while improving quality, reliability, and esthet­ ing, which will be expanded to unrestricted ment, a state bank to establish or acquire, ics. Analysis covers the equipment, mainte­ branching throughout the European Commu­ and operate, a branch located outside the state in which the bank is chartered if au­ nance, repair, replacement, procedures, and nity in the near future. As the world economy thorized by the law of the state in which the supplies involved. Life-cycle cost analysis is continues to internationalize, we must keep bank is chartered. one of its many aspects and it differs from our industry competitive with those abroad. Requires any branch of an out-of-state other cost-cutting techniques in that it is far According to former Treasury Undersecretary bank to be subject to the laws of the host more comprehensive, scientific, and creative. Robert R. Glauber, "The United States re­ state. It is commonly accepted that value engi­ mains the only major industrial country in the Allows the host state to exercise super­ neering saves no less than 3 percent of a con­ visory, regulatory and enforcement author­ world that does not have a truly national bank­ tracts' expense, and often that figure is 5 per­ ity over branches. ing system." cent. At the same time, the cost of doing a VE BRANCHING BY FOREIGN BANKS COMPETITIVELY DISADVANTAGED review ranges from one-tenth to three-tenths Our outdated laws, born in the Great De­ Allows foreign banks to establish and oper­ of a percent of the contract's value. This ate (a) a federal branch in any state outside pression, have prohibited banks from partici­ the home state with approval of the Board of means that on a $2 million construction con­ pating in the growth and diversification of their Governors of the Federal Reserve System tract, the very minimum that would be saved financial services competitors. For example, and the Comptroller of the Currency; and (b) is $54,000 while savings of $98,000 would be Sears, Roebuck is involved in insurance, real a state branch with the approval of the very likely. On a major military procurement estate, securities, credit cards, and numerous Board and the state regulatory authority. contract with a cost of $1 billion over life-cycle, other financial services. Similarly, General Requires foreign banks to have a capital that translates to a range of savings from $27 Electric offers a vast array of financial services level equivalent to that required of domestic to $49 million. in the areas of insurance, real estate, securi­ banks for branching purposes. It is important to note that VE is not a new ties, and other money management services. CONSOLIDATION technique. In fact, it was developed in the Banks have been prohibited from competing Allows a bank holding company with sub­ United States during World War II as a way to with these entities. As a result, they have lost sidiaries in more than one state to combine maximize our resources and improve our de­ two or more subsidiary banks into a single fense capabilities. Ironically, in recent years it market share, lost profitability and become bank through merger, consolidation or other weaker. transaction beginning 18 months from enact­ has been used most effectively by Japanese Comparing the relative position in 1970 with ment. electronic and automobile industries. Consid­ 1990 illustrates the point. In 1970, banks had Allows a consolidated bank to acquire and ering the national 'urgencies facing us today­ 31 percent of all commercial lending; in 1990, operate additional branches and subjects the need to reduce the trade deficit and our 358 EXTENSIONS OF REMARKS January 6, 1993 expanding national deficit, to increase our abil­ Women's Club. In addition, Minnie is a former LOCATE AND RECOVER LOST ity to compete internationally and to reform member of the Health and Welfare Council of FEDERAL FUNDS Government spending so that we can get our Central Maryland and served two terms as the country back on track-isn't it time that we legislative chairman of the Maryland Federa­ HON. TOM LEWIS use VE again? tion of Business and Professional Women's m' FLORIDA Whenever value engineering has been ex­ Clubs. She has worked tirelessly and given IN THE HOUSE OF REPRESENTATIVES amined, it is clear that it should be used more her time freely to benefit others. Wednesday, January 6, 1993 often and that its untapped potential is too Mr. Speaker, I am proud to note that Minnie great even to estimate. The General Account­ Kenny's commitment to improving the lives of Mr. LEWIS of Florida. Mr. Speaker, financial ing Office has conducted various studies on others extends to the workplace. For the p,ast mismanagement in Federal departments and VE in recent years and each one has ac­ 42 years, she has enjoyed a distinguished ca­ agencies has resulted in the mistaken aban­ knowledged its achievements and potential. In reer with the National Security Agency. From donment of unknown millions of taxpayer dol­ 1987, the Senate Committee on Governmental 1975 to 1981, Minnie served as the chief of lars in dormant Federal accounts lost in count­ Affairs held a hearing during which it was the language and linguistics division within the less holding institutions. made clear that VE has a remarkably suc­ Office of Techniques and Standards. In this One of my constituents, Mr. Dominick cessful track record and that vast savings are capacity, she effectively established the Lamonica, operates a private investigations easily within our reach. Cryptologic Linguist Program, the Summer firm that has located several of these aban­ Currently, several Federal departments, Language Program and designed the "Grow doned Federal accounts in various holding in­ agencies, and other contracting authorities Your Own" Language Program. stitutions. He and other such finders have ap­ have already reaped substantial benefits from proached the Treasury Department offering to VE but its use has been sporadic and remains During the period of 1982 to 1992, Minnie identify and locate these accounts for com­ Kenny continued to contribute to the National far below its potential. pensation. The Systematic Approach to Value Engi­ Security Agency's language program. She was A preliminary review by the General Ac­ neering Act of 1993 would provide dramatic responsible for introducing computer assisted counting Office determined Congress would savings and results by requiring all Federal instruction into the classrooms of the National have to appropriate funds for the Department agencies to use VE. In order to ensure that Cryptologic School. Minnie is also the founder of Treasury to pay these finders. In other value engineering is being used to its greatest of CALICO, the Computer Assisted Learning words, to track down the money the bureauc­ potential, each agency would designate a sen­ and Instruction Consortium, an international racy lost, we would need to give the bureauc­ ior official to oversee and monitor VE efforts. professional association of persons engaged racy more money. This is an insensible, re­ To ensure the greatest dollar value savings for in the teaching and exploitation of foreign lan­ dundant way to solve this problem. the taxpayer, each agency would be required guages. Furthermore, once these Federal dollars are to use value engineering for all projects and Throughout her tenure with the National Se­ abandoned, regional laws compel private hold­ programs in the top 80 percent of their budget. curity Agency, Minnie Kenny has directed her ing institutions like banks and credit unions to Also, annual reports to the Office of Manage­ efforts to ensure the representation of minori­ turn them over to the State or foreign nation ment and Budget would be required by the ties and the disadvantaged throughout the in which they reside. Unless we can locate agencies. agency. Currently, she serves as director of these accounts, these governments will con­ We have all heard America's cry for change. Equal Employment Opportunity for NSA. In tinue to keep the Federal funds collected from It is time for a more responsible Government, this capacity, Mrs. Kenny has helped the the U.S. taxpayer. less Government waste and a better American agency to fulfill its pledge to the advancement Today I introduced legislation to empower economy. My bill is an important and firm step of women and minorities. the Treasury Department to simply pay collec­ in the right direction and I hope that you will I recall that earlier when I chaired the Intel­ tion fees from amounts recovered to private join me in supporting it. ligence Committee, I was struck by the lack of sector finders who have located unclaimed as­ minorities employed in key ranking and policy sets due the Federal Government, eliminating making positions throughout the intelligence the need for a separate appropriation. Addi­ A SPECIAL SALUTE TO MINNIE M. community. When I discussed my concerns tionally, the bill contains a reporting provision KENNY with her, Minnie accepted the challenge to to ensure congressional oversight of this proc­ lead efforts to rectify the situation. I am ess and identify those agencies guilty of the HON. LOUIS STOKFS pleased that due to her efforts, NSA became greatest mismanagement. OF OHIO one of the first intelligence agencies to include It is my intent that all recovered funds re­ IN THE HOUSE OF REPRESENTATIVES in its budget the funds to provide scholarships turned to the Treasury be used to reduce the Federal deficit, not as a mechanism to in­ Wednesday, January 6, 1993 for minority and disadvantaged students. The NSA Undergraduate Training Program serves crease government spending in any area or Mr. STOKES. Mr. Speaker, in just a few as a strong reminder of Minnie Kenny's ef­ program. days, on January 10, 1993, a host of relatives, forts. While we must find ways to prevent such friends, and colleagues will gather at Martins mismanagement from reoccuring, this legisla­ Mr. Speaker, I take special pride in paying Crosswinds in Greenbelt, MD, for a special tion offers a simple, effective, inexpensive tribute to Minnie Kenny. Here today to pay 'Thank You Salute" to Minnie McNeal Kenny. method of curing the present problem without tribute to her are several younger employees The tribute recognizes Minnie for her commit­ empowering the inefficient system that of this agency who have been selected by her ment to serving others and many acts of kind­ caused it. ness over the years. I look forward to partici­ to serve fellowships in my congressional office pating in this salute to a very special individ­ in order to enhance their knowledge of gov­ ual. ernment. In each case they have been out­ ELECTIONS IN INDIA Minnie Kenny's commitment to helping oth­ standing individuals. Each of them consider ers is longstanding. She is a civil rights pio­ her a role model in their own lives and hope HON. WALLY BERGER neer who was responsible for the integration to emulate her in service to NSA and to this Nation. OF CALIFORNIA of schools, department stores, business estab­ IN THE HOUSE OF REPRESENTATIVES lishments, and housing developments through­ Mr. Speaker, I am pleased that those who out the Washington metropolitan area. In addi­ know Minnie Kenny and have benefited from Wednesday, January 6, 1993 tion, she served as a member of the Human her tireless efforts are taking the time to show Mr. HERGER. Mr. Speaker, I would like to Rights Commission. their appreciation by hosting this "Thank You draw my colleagues' attention to the elections Minnie Kenny has been a staunch advocate Salute". I join them in paying tribute to Minnie of village councils from January 15-22, 1993, on behalf of women, promoting their equal Kenny for her strong commitment and dedica­ in Punjab, India, and we should all pay close rights and increased visibility in the business tion over the years. I am proud to be associ­ attention to this process. world and workplace. She served as president ated with this outstanding individual and I wish Sikh political parties are participating in of the Patuxent Business and Professional her much continued success. these important elections, and in the interest January 6, 1993 EXTENSIONS OF REMARKS 359 of democracy, we should urge that independ­ not cast votes for the candidate who wins their My proposal amends the Communications ent and impartial observers from the United home State. In that sense, the system is al­ Act of 1934 by mandating limited free air States, the United Nations, and international ready undemocratic. Further, if there are three time-over radio, broadcast, and cable TV­ human rights organizations be sent to observe or more strong contenders for President and for political candidates who meet specific, ob­ these elections in order to prevent the intimi­ the electoral college ends up deadlocked, the jective requirements. Not only will this pro­ dation of voters as was reported to have oc­ election of our country's President then be­ posal assist future candidates running for pub­ curred in the February 1992 elections for the comes even more undemocratic as the selec­ lic office by allowing them, regardless of their state assembly in Punjab, India. tion process would go to a one-vote-per-State financial status, to reach the voter, but it will Intimidation of voters in the February 1992 election in the House of Representatives. also ameliorate significantly the campaign election was widely reported by Indian news­ The constitutional amendment which I pro­ spending quandary that candidates for the papers and international human rights organi­ pose today would abolish the electoral college U.S. Congress continue to encounter. zations. In March-April 1992, most village and replace it with the direct, popular election As the cost of broadcast air time skyrockets, councils and village mayors resigned to pro­ of the President. As it stands now, members it has been estimated that these increases test the continuing unrelenting human rights of the electoral college, whose names few have resulted in a 40-percent increase in cam­ violations in Punjab under the new regime. people know and who are not directly elected paign costs. On the average, three-fourths of The Indian Government is attempting to fill the by anyone, actually cast the votes that matter one's campaign funds are spent on advertis­ resulting vacancies with their own people. It is in determining the election of the President. ing. But, for the broadcasters, these costs important that observers be sent to ensure My proposal would take the selection process translate only into three-fourths of 1 percent of that the people of Punjab be able to exercise out of their hands and place it where it be­ profits. Presently, the United States is the only their right to vote and express their will. longs-directly in the hands of the American democracy in the industrialized world that I have been informed that pro-Sikh move­ people. does not provide political candidates with ment candidates are being intimidated in order When communications were slow and when some sort of free broadcast time for elec­ to coerce them into withdrawing their can­ the voting privilege was only extended to prop­ tions-I intend to change that. didacy. Some candidates have been arrested erty owners, the electoral college may have The ability of an incumbent to get his or her by the police and detained at undisclosed lo­ served a purpose. But today, communications message to the voter is the greatest advan­ cations. This has happened in previous elec­ technology has given our citizens a wide tage he or she has over their challenger. By tions. range of ways to be informed on issues and leveling the playing field in this respect, my For these reasons, I urge that outside ob­ current events. Now, we recognize voting as a legislation will guarantee the poorest of can­ servers be sent to prevent human and civil right for all Americans and now we trust the didates the opportunity to connect with the rights violations and to ensure an honest and people of America to choose their candidates voter-a vital component to anyone's election free election. for every other elected office in the land. bid. It is now time that we trust the people to The November 16, 1992 editorial in Roll Call vote directly for their President and give every­ named free air time for candidates as the sin­ INTRODUCTION OF A CONSTITU­ one's vote equal weight. Elections should not gle most important change in the funding sys­ TIONAL AMENDMENT TO ABOL­ be determined in some indirect way by essen­ tem when discussing campaign reform. By it­ ISH THE ELECTORAL COLLEGE tially unelected people through an essentially self, I do not believe that this legislation will undemocratic method. It is also time that we bring about campaign reform, but I do believe HON. ROBERT E. WISE, JR. eliminate the possibility that someone ever any campaign reform package that does not OF WEST VIRGINIA can fail to get the most votes from the people contain it will be less than wholly effective. IN THE HOUSE OF REPRESENTATIVES and still be elected President. The Constitution is a great document and Wednesday , January 6, 1993 should not be tampered with lightly, but Ameri­ PHILIPPINE SCOUT RETIREMENT Mr. WISE. Mr. Speaker, on this day, as the ca's founders provided for a method to ensure PAY EQUITY ACT House of Representatives counts the votes that our Constitution stood the tests of time cast by members of the electoral college, and and could be amended to reflect the changing HON. LEON E. PANETTA as the House certifies officially the election of needs of the country. A similar amendment OF CALIFORNIA Bill Clinton as our next President, I am intro­ overwhelmingly passed this House 24 years IN THE HOUSE OF REPRESENTATIVES ducing a constitutional amendment which I ago, and it is time to pass it again. Wednesday, January 6, 1993 hope will make this the Jast time the electoral Mr. Speaker, I urge my colleagues to en­ college is used to elect the President of the dorse this amendment to the Constitution so Mr. PANETTA. Mr. Speaker, I rise today to United States. that today may be the last time the electoral introduce legislation to redress a longstanding The electoral college is both out-dated and college elects the President of our great coun­ inequity in our treatment of a very important unrepresentative. It no longer serves the pur­ try. group of veterans whose vital service to this pose for which it was established. The elec­ Nation has passed virtually unacknowledged. toral college system has permitted three Presi­ This bill would rectify the pay of World War II dents to be elected who did not receive the REINTRODUCTION OF LEGISLA­ Philippine Scouts who bravely fought as part highest number of popular votes. Although this TION REGARDING POLITICAL of the United States Army. has not happened for 100 years, I believe BROADCASTING It is important to emphasize that the Phil­ American voters should never be faced with ippine Scouts were not foreign soldiers; they that prospect again. HON. THOMAS J. BULEY, JR. were an integral unit coopted at a critical junc­ In early 1992 our Nation faced the distinct OF VIRGINIA ture into the United States Army. Created in possibility that the electoral college would be IN THE HOUSE OF REPRESENTATIVES 1901, the Scouts were an elite organization deadlocked following the election. With the with a high esprit de corps. Never numbering strong independent candidacy of Ross Perot, Wednesday, January 6, 1993 more than 12,000 men, selection standards the American people stood face-to-face with Mr. BULEY. Mr. Speaker, today I am intro­ were extremely strict and membership is still two possibilities: That someone could be elect­ ducing legislation into the 103d Congress, as honored among Filipinos. ed without getting more popular votes than the I did in both the 101 st and the 102d Con­ At the onslaught of the war in the Pacific, other candidates, or that the House of Rep­ gresses, requiring each broadcast license to when the Japanese attacked Pearl Harbor and resentatives would be left to choose the Presi­ provide 8 free hours of advertising time to po­ invaded the Philippine Islands, these soldiers dent. Neither of those scenarios should ever litical parties. The Political Broadcasting Ac­ became the key to our entire South Pacific happen, and as it turned out last year, neither cess Act of 1993 is an attempt to reform the strategy. Against overwhelming odds, faced did. But the possibility still exists for such a campaign finance process by addressing the with superior numbers and equipment, devoid predicament in the future. single handed most expensive component of of air cover against constant bombings by the The electoral college completely ignores the anyone's campaign-the cost of broadcast Japanese, and ravaged by malaria and beri­ preferences of millions of Americans who do advertising. beri, these men helped hold the Bataan Penin- 360 EXTENSIONS OF REMARKS January 6, 1993 sula for 98 days. Over 1,000 went on to fight faithful and gallant service of the Philippine Mr. Speaker, these three reforms will ad­ another 5 weeks in Corregidor. This deter­ Scouts during World War II. I urge my col­ dress minor, but not unimportant shortcomings mined resistance denied the Japanese an es­ leagues to support this worthwhile measure. in the Tax Code. I look forward to their early sential base for the projected thrust into the For the convenience of my colleagues, the passage by the 103d Congress. South Pacific. The enemy was also farced to text of the bill follows: retain a large army and naval force in the Phil­ H .R.- ippines, which otherwise could have been de­ Be it enacted by the Senate and House of Rep­ CORRECTION OF A MISSTATEMENT ployed against Allied shipping of men and ma­ resentatives of the United States of America in terials to Australia and New Caledonia from Congress assembled, HON. RON de LUGO the United States and the Middle East. SECTION I. SHORT TITLE. OF THE VIRGIN ISLANDS Frankly, it was the Scouts' protracted de­ This Act may be cited as the "Philippine IN THE HOUSE OF REPRESENTATIVES fense of these islands that allowed the United Scout Retirement Pay Equity Act". States to recover from the first blows of the SEC. 2. PHILIPPINE SCOUT RETIRED PAY EQUALI­ Wednesday, January 6, 1993 war and regroup for what would ultimately ZATION. Mr. DE LUGO. Mr. Speaker, I wish to thank prove to be a successful counterattack. Their The Secretary of the Army shall redeter­ the Members of this House for voting yester­ mine the retired pay of each person entitled contributions and sacrifice have been duly to retired pay from the Department of De­ day to extend the vote in the Committee of the noted in historical accounts of the war. fense for service as a Philippine Scout during Whole to the Delegates from the territories Gen. Douglas MacArthur described the the period beginning· on December 7, 1941, and the District of Columbia. This expansion Scouts as "excellent troops, completely pro­ and ending on December 31, 1946, as if the of democracy was a proud moment for the fessional, loyal, and devoted." When recruiting rate of basic pay payable to such person at House. the Scouts, General MacArthur pledged, and I the time of retirement had been the rate of I have taken to the well to correct a quote: basic pay payable to any other member of misstatement made a few minutes ago on the the United States Army in the same gTade floor by a Member from the other side who War is the great equalizer of men. Every and with the same leng·th of service as such member of my command shall receive equal person. The redetermination of retired pay said my constituents do not pay Federal taxes. pay and allowances based on the United shall apply only for retired pay payable for For the record let me correct that: We do. We States Army pay scale, regardless of nation­ months beginning on or after the effective pay at the same rate and use the same forms ality. date of this Act. under a system called the Mirror System. We However, Philippine Scouts have never re­ SEC. 3. PIDLIPPINE SCOUT SURVIVOR BENEFIT pay identical to the people in his district or any ceived their just compensation from the United ADJUSTMENT. other district on the mainland. So whenever States. The Secretary of the Army shall adjust the you raise taxes on your constituents you raise Last year marked the 50th anniversary of base amount used to calculate survivor bene­ taxes on mine. Consequently it is a mistake to the fierce battle at Corregidor and the Bataan fits under subchapter II of chapter 73 of title say that I would have no interest or incentive death march in the Philippines. Yet for those 10, United States Code, for each person enti­ tled to survivor benefits as the survivor of a to oppose a tax increase. I have the same who fought under the command of General Philippine Scout who served during the pe­ incentive that the gentleman has. MacArthur in the heroic defense of Bataan riod beginning on December 7, 1941, and end­ and Corregidor against Imperial Japan and ing on December 31, 1946, to reflect the re­ who survived the infamous Bataan death determinations of retired pay made for such THE ADVANCEMENT OF WOMEN IN march and captivity in Japanese prison Philippine Scout under section 2. The adjust­ SCIENCE AND ENGINEERING ACT camps, these memories of the pain endured ment of survivor benefits shall apply only for have not faded. During these historic events survivor benefits payable for months begin­ HON. CONSTANCE A. MOREllA and throughout the war, the Philippine Scouts ning on or after the effective date of this Act. OF MARYLAND displayed selfless sacrifice rivaling any other SEC. 4. EFFECTIVE DATE. IN THE HOUSE OF REPRESENTATIVES military unit. This Act shall take effect 60 days after the Wednesday, January 6, 1993 Despite the valiant services of the Philippine date of the enactment of this Act. Scouts who fought and sacrificed side by side Mrs. MORELLA Mr. Speaker, in an effort to with American soldiers and despite the fact support women in our changing economy, I that the unit was fully incorporated into the REINTRODUCTION OF THREE TAX am introducing the Advancement of Women in United States Army, the Scouts received only BILLS PASSED LAST YEAR Science and Engineering Act. Women account a fraction of the regular pay received by their for nearly 46 percent of the U.S. work force; American counterparts. In fact, while an Amer­ HON. FORTNEY PETE STARK yet in the fields of science and engineering, ican private was earning $30 per month during OF CALIFORNIA they are grossly under-represented and face the war, a Philippine Scout with comparable barriers in recruitment, retention, and ad­ IN THE HOUSE OF REPRESENTATIVES rank serving the same amount of time was vancement. earning only $9 for his exposure to the same Wednesday , January 6, 1993 Women account for only 24 percent of the hardships and dangers. Mr. STARK. Mr. Speaker, I rise today to re­ scientists and a mere 8 percent of our Na­ Mr. Speaker, the time has come for Con­ introduce three bills which passed Congress tion's engineers. In these fields, the unemploy­ gress to rectify this longstanding inequity in last year. All three were noncontroversial ment rate for women is two to three times our Nation's treatment of this very special measures which passed the House in July and higher than it is for men. group of World War 11 veterans. The legislation were then incorporated into H.R. 11, the Rev­ The American Medical Association reports which I am introducing today would equate the enue Act of 1992. Congress passed H.R. 11 that the number of women physicians has retirement benefits paid to former Scouts or last fall, but the bill was subsequently vetoed quadrupled in the last 20 years. At Harvard their survivors equal with those which are paid by President Bush for reasons unrelated to this past year, 54 percent of the applicants to their American counterparts of the same these provisions. were women. Women account for 34 percent grade and length of service. Several years The issues addressed in these three bills of medical school graduates, and only 17 per­ ago, the Department of the Army estimated are: cent of practicing physicians_ This year, 54 that the cost of adjusting retirement benefits A modification on the full funding limitations percent of the doctors in the first year of resi­ for the remaining living Philippine Scouts for multiemployer pension plans (for more de­ dency for obstetrics and gynecology were would only be $724,000 per year-a small tails, please see CONGRESSIONAL RECORD, women. price to pay for a commitment which has been February 6, 1991, page E431). Women are under-represented in the higher ignored for over 50 years. An accounting correction for personal serv­ echelons of the medical profession. There are While the budgetary impact of this pay ice corporations (see the CONGRESSIONAL no women serving as deans at U.S. medical equalization is small, the symbolic value is im­ RECORD, November 15, 1991, page E3871). schools. Women make up less than 10 per­ mense. Congressional authorization of ad­ A tax on the conversion of nonprofits to cent of medical school faculties. Less than 14 justed retirement benefits would be a mean­ profit organizations (see CONGRESSIONAL percent of the top positions at the National In­ ingful demonstration of our gratitude for the RECORD, November 26, 1991, page E4183). stitutes of Health are held by women. While January 6, 1993 EXTENSIONS OF REMARKS 361 women account for 19 percent of all pediatri­ sian Gulf war period who served 24 months of tify students' educational needs. Why then cians, only 3 percent of all surgeons are continuous active duty, or the full period for does the Federal Government micromanage women. which they were called or ordered to active these local efforts? According to a National Research Council duty. This is fair to all who served our Nation Today I'm introducing the Educational Re­ report, the reason that women are leaving the during the gulf war period and ensures that form and Flexibility Act of 1993, or Ed-Flex, to science and engineering fields is directly relat­ our national policy toward these veterans is put school reform within the reach of local ed to the hostile workplace environment. Few consistent with the policy established for veter­ education agencies. My bill would allow teach­ policies, however, have been implemented to ans of previous war periods. ers, parents, school boards, and administra­ combat the problems women are facing in The legislation is identical to H.R. 3764 in­ tors to most effectively use Federal education these occupations, which are traditionally troduced November 13, 1991 . The Post Office reform dollars. It allows the Secretary of Edu­ dominated by men. and Civil Service Committee, which has juris­ cation to grant waivers in chapter 1, chapter 2, The Advancement of Women in Science diction over veterans' preference, held a hear­ the Eisenhower Math-Science Program, the and Engineering Act would set up a commis­ ing on this bill on October 1, 1992, so there Follow-Through Act, the youth programs under sion to study the barriers that women face in was no time at the end of the 102d Congress the McKinney Act, and the Carl Perkins Voca­ these fields. The commission would identify to move the bill forward. In the interest of eq­ tional Education Act. The bill would allow six and examine the number of women in the uity for our veterans, I am hopeful that my col­ States to participate in the program in its first science and engineering work forces and the leagues on that committee will act quickly on year. The program would then be expanded to specific occupations where they are under­ this legislation this year. other States. represented. The commission also would de­ In Oregon, education leaders have proven scribe the practices and policies of employers that education funding flexibility works. The relating to the recruitment, retention, and ad­ TRIBUTE TO BISHOP FRANK C. Oregon Department of Education, with the vancement of women scientists and engi­ CUMMINGS support of the State Legislature and the Gov­ neers. The commission then would determine ernor, has launched a trailblazing educational if these practices and policies are comparable HON. CORRINE BROWN reform agenda. In Oregon, a school district to their male counterparts, and issue rec­ OF FLORIDA can ask the State to grant waivers of certain ommendations to Government, academia, and IN THE HOUSE OF REPRESENTATIVES State regulations or laws if they prevent the private industry based on successful pro­ school district from improving its educational grams. Wednesday , January 6, 1993 program. Local school districts can determine The Advancement of Women in Science Ms. BROWN of Florida. Mr. Speaker, it is for themselves if a longer school year makes and Engineering Act passed the House during my pleasure to be here today to honor Bishop sense, or if they want to implement tougher the 102d Congress, but was held up in the Frank C. Cummings who led us in prayer ear­ graduation requirements. Senate. Speedy passage of this legislation will lier today. Bishop Cummings is the bishop for But Oregon's exciting educational reform be a first step in countering the roadblocks for the 11th Episcopal District of Florida. The dis­ plan is on a choke chain at the Federal level. women in science and engineering, and will trict includes all of Florida and the Bahamas. The Federal Government needs to eliminate bring our Nation closer to creating a higher ef­ The district has 490 churches and 140,000 the red tape that binds reform-minded school fective work force which, in turn, will promote members. districts to outdated rules and regulations. And economic prosperity. Bishop Cummings has served the 11th Dis­ then we need to back up these local efforts trict since July of last year. He came to the with real Federal financial commitment, in­ stead of the chump change we've been toss­ REINTRODUCTION OF LEGISLA- Sunshine State from the Northeast. The bish­ op received his undergraduate degree from ing them for the last 12 years. TION REGARDING VETERANS' I urge my fell ow Members of the House of PREFERENCE Daniel Payne University in Birmingham, AL, and did his theological training at Pacific Uni­ Representatives to join me, and my col­ versity. The bishop did additional graduate leagues from Oregon, in cosponsoring this HON. TIMOTHY J. PENNY work at the University of California in Santa commonsense legislation. OF MINNESOTA Barbara. IN THE HOUSE OF REPRESENTATIVES He is married to the former Martha Cauley. Wednesday, January 6, 1993 SIGNIFICANT ANNIVERSARY IN Bishop Cummings has one daughter and two THE U.S. CONGRESS Mr. PENNY. Mr. Speaker, today I am re­ granddaughters. I am told that another grand­ introducing along with CHRIS SMITH of New child is on the way. Jersey, legislation granting veterans' pref­ I am thrilled to welcome Bishop Cummings HON. TILLIE FOWLER erence in Federal hiring for all individuals who to Washington and am glad that he was able OF FLORIDA IN THE HOUSE OF REPRESENTATIVES served on active duty during the Persian Gulf to lead today's invocation. war regardless of their duty station. Currently Wednesday, January 6, 1993 veterans' preference is restricted to those re­ Ms. FOWLER. Mr. Speaker, this month ceiving the Southwest Asia Service Medal THE EDUCATIONAL REFORM AND marks a significant anniversary in the U.S. which was awarded only to military personnel FLEXIBILITY ACT OF 1993 Congress that will probably pass largely unno­ who served in Saudi Arabia, Kuwait, Iraq, ticed by all but a few congressional historians. other southwest Asian countries, or in the sur­ HON. PETER A. Def AZIO It was 40 years ago this January that the Re­ rounding waters or air space, on or after Au­ OF OREGON publican Party took control of the House of gust 2, 1990, and before the termination date IN THE HOUSE OF REPRESENTATIVES Representatives for the 83d Congress. Two of the Persian Gulf war. years later, in 1955, the Democrats took over Wednesday , January 6, 1993 This limitation of veterans' preference is un­ the leadership of the House and have held it fairly restrictive and is inconsistent with past Mr. DEFAZIO. Mr. Speaker, who better un­ ever since. national policy. During the Vietnam era, for ex­ derstands the needs of students in our home The Democratic Party has maintained sin­ ample, individuals who served more than 180 districts-managers at the Department of Edu­ gle-party rule of the House of Representatives days on active duty during that period were el­ cation or our local school boards, teachers, longer than Castro has ruled Cuba. Thirty­ igible for veterans' preference. Eligibility was and parents? While the answer is obvious, eight years of chairing every committee, not based on a servicemember's duty station, current law has tied the hands of local schools spending every dime, setting every agenda, but on the person's active duty service during and teachers with miles of redtape. and writing every rule. You don't need to look wartime. This policy recognizes that all mem­ Our public schools must have the freedom any further than the rules passed by the lead­ bers of the military contribute to the effort of to reform themselves if we are ever going to ership of the House this week to see the arro­ the entire force regardless of their individual improve our national educational performance. gance of power wrought by 38 years of Demo­ assignments. The teachers, parents, and administrators who cratic control. The bill I am reintroducing would extend vet­ deal with school children on a day-to-day In a blatant power play, the Democrats ex­ erans' preference to all veterans of the Per- basis are in the best possible position to iden- tended voting privileges on the House floor to 362 EXTENSIONS OF REMARKS January 6, 1993 the four Delegates and one Resident Commis­ housing assistance-are humane and justifi­ threshold and whose net worth is not more sioner from Guam, American Samoa, Puerto able, and these important programs should be than $20,000. Net worth is defined as the sum Rico, the U.S. Virgin Islands, and the District improved and expanded. But while such pro­ of the market value of assets owned by every member of the household minus liabilities of Columbia. It just so happens that all five are grams have sustained millions of low-income owed by the household. Net worth (for pur­ Democrats. persons, too rarely have they made them poses of this demonstration) excludes the Previously, these delegates could only vote strong. As a result, most low-income Ameri­ first $35,000 of home equity, equity in a vehi­ in committee. Under the new rules passed by cans remain in poverty, which is a drain on cle, and equity in personal items (furniture, the Democrats, they may now vote on 99 per­ the Nation, a loss of human resources, and an clothing·, and jewelry). cent of the legislation considered on the assault on human dignity. Asset Tests in Other ProgTams. Funds in an IDA account (which are by definition re­ House floor. Poverty rates remain high and welfare de­ stricted) shall be disreg·arded in determining While the Republicans gained 1O seats in pendency continues, in part, because current eligibility for all means-tested public assist­ the 1992 elections, the Democrats still hold an welfare theory has taken for granted that a ance progTams. incredible 82-vote advantage. By extending certain level of income or consumption is nec­ General Oversig·ht. A panel (established by voting privileges to the formerly nonvoting del­ essary for one's economic well-being. How­ the Secretary) composed of Federal and egates, the Democrats have effectively cut the ever, very few people manage to spend or State officials, business leaders, and social GO P's 10-seat gain in half to 5. consume their way out of poverty. Economic policy innovators shall monitor the progress and provide general oversight of all of the As stated in the U.S. Constitution, the well-being does not come through spending or demonstration projects. The panel will also House of Representatives shall be composed consumption; rather, it is achieved through develop general investment guidelines for of Members chosen every second year by the savings, investment, and accumulation of as­ amounts in IDAs and IDA Reserve Funds. people of the several States. Not one of the sets, for assets can: Improve economic stabil­ Evaluation. An independent research org·a­ delegates represent in any form a State as ity, connect people with a viable, hopeful fu­ nization shall evaluate the demonstration recognized by the Constitution. ture, and improve the welfare of offspring. projects, individually and as a whole. The re­ search firm will be selected by the panel. It is incomprehensible to think that American The Federal Government spends more than Authorization of Appropriations. Not more Samoa, with a population of 47,000, could $100 billion per year to provide middle- and than $100,000,000 for each of the fiscal years have the same effect on the outcome of legis­ upper-income persons many incentives to ac­ 1994-1998 are authorized to be appropriated to lation as the Fourth District of Florida with cumulate savings and assets that is, home carry out the project. over 500,000 people. As well, territories such mortgage interest deductions and tax deduc­ Definition of IDA. An Individual Develop­ as the U.S. Virgin Islands, population 102,000, tions for retirement pension accounts, but ment Account (IDA) is an optional, earning·s­ such incentives and benefits are beyond the bearing, tax-benefitted account in the name and Guam, population 133,000, will have the of one person. An IDA would be held in a li­ same rights as recognized States who pay reach of most low-income persons. Indeed, censed, Federally-insured financial institu­ taxes and are impacted by Federal law. This under current welfare policies, poor families tion. Amounts in an IDA can be withdrawn move by the Democratic leadership translates must deplete most of their assets before quali­ without penalty only for the following des­ into representation without taxation and under­ fying for public assistance. ignated purposes: (1) first-home purchase; (2) mines the Constitution. Federal antipoverty policy should therefore, post-secondary education (colleg·e/long-term Mr. Speaker, promote, not penalize, asset ac­ training); (3) business development and; (4) cumulation for the poor. I urge my colleagues retirement. An IDA can also be transferred INDIVIDUAL DEVELOPMENT without penalty to one's spouse or dependent to support this important legislation. for the same uses. ACCOUNT DEMONSTRATION ACT For the benefit of my colleagues, I have in­ Contributions and Tax-Benefits. There is cluded a summary of the major provisions of no limit on the amount of funds that may be HON. TONY P. HALL the demonstration: deposited into an IDA, and deposits may OF OHIO SUMMARY OF THE INDIVIDUAL DEVELOPMENT come from a variety of sources. The amount allowable as a tax deduction for amounts IN THE HOUSE OF REPRESENTATIVES ACCOUNT DEMONSTRATION ACT Purpose. Demonstration projects (con­ paid into an IDA, however, shall not exceed Wednesday, January 6, 1993 ducted by private, non- and for-profit organi­ $2,000 per year (indexed for inflation), and shall be permitted for only the person in Mr. HALL of Ohio. Mr. Speaker, as chair­ zations) will be established to determine: (1) the social, psychological, and economic ef­ whose name the account has been estab­ man of the House Select Committee on Hun­ lished. (Married persons filing jointly could ger, I am pleased to introduce the Individual fects of providing· individuals with limited each take the full deduction, provided each Development Account Demonstration Act. This means an opportunity to accumulate assets is eligible.) Earnings on deposits to an IDA and; (2) the extent to which asset-based wel­ legislation authorizes the Treasury Department would also be exempt from taxation. fare policy may be used to enable individuals Withdrawals and Penalty for Non-Des­ to implement a 5-year demonstration project with low income to achieve economic self­ that would provide incentives to a person with ignated Use. Amounts withdrawn for a des­ sufficiency. ig·nated purpose will not be included in the limited resources to accumulate enough sav­ Applications. Grants shall be awarded on a gross income of the person in whose name ings to: First, buy his or her first home; sec­ competitive basis. Successful applicants will the IDA has been established. Withdrawals ond, go to college or receive long-term job have received financial commitments from from an IDA will be paid directly to the in­ training; third, start a small business; or fourth, the State and private entities to carry out stitution providing the designated service the project and will have demonstrated, in set aside funds for retirement. I am pleased to (e.g., to the mortgage provider for first-home the judgment of the Secretary, an ability to: purchase, to the university for post-second­ introduce this legislation with the Hunger Com­ (1) assist participants in achieving self-suffi­ mittee ranking minority member, BILL EMER­ ary education). Withdrawals for any non-des­ ciency through the establishment and use of ignated use (except in the case of death or SON. IDAs and; (2) responsibly administer the disability) would: (1) trigger a 10 percent I am also pleased to report that President­ project. Applications must be submitted no penalty; (2) require the inclusion in gross in­ elect Clinton supports this proposal. later than April 1, 1994. Approval will be no come of all amounts previously deducted or This bill is the second of two asset develop­ later than June 1, 1994, with the projects be­ excluded; and (3) require the forfeiture of all ment for the poor proposals I am introducing ginning on July 1 of that year. deposit subsidies. IDA Reserve Fund. Each project partici­ today. While the thrust of the first bill-the Deposit Subsidies. In order to stimulate pating in the demonstration would establish savings of about $2,000 per year per person Microenterprise and Asset Development Act­ an IDA Reserve Fund which consists of Fed­ for any of the designated purposes, deposits is to remove the restrictions on asset accumu­ eral, State, local, corporate, and private con­ into an IDA would be matched in accordance lation by the poor, the idea behind the Individ­ tributions as well as any funds originating with the table below. All matching amounts ual Development Account Demonstration Act from a non-designated use of an IDA. From would be deposited directly into an IDA and is to subsidize asset accumulation for the the Reserve Fund, deposit subsidies would be would come from an IDA Reserve Fund es­ poor, just as the Federal Government does for made directly into an IDA. tablished by the project participating in the Persons Eligible to Participate. The par­ the non-poor. demonstration. ticipating organization shall determine who Mr. Speaker, America needs a new way of may participate in the demonstration, but in Matching ratio Maxi- thinking about welfare. Traditional public as­ Income 1 mum all cases the individual selected will be a Ratio Percent match sistance programs in America-which provide member of a household whose income is not critically needed food, cash, health care, and more than 200 percent of the Federal poverty 50 percent or less ...... 9 to I ...... 900 $1,800 January 6, 1993 EXTENSIONS OF REMARKS 363

Matching ratio Maxi- be held responsible for the killings? For the larg·ely Serbian promises broken. It is the Income I mum Serbs who continue to besieg·e the cities of Ratio Percent match violent rapes and the other torture? For the wholesale destruction of millions of homes and Bosnia; Serb heavy weapons which continue 51 to 85 percent ...... 5 to 1 500 1,650 farms and businesses? Who is going to be to pound the civilian populations in those 86 to 125 percent ...... 2 to 1 . 200 1,400 cities; the Bosnian Serb air forces which con­ 126 to 160 percent ...... 1 to 2 .. 50 700 held accountable for the destruction of this re­ tinue to fly in defiance of the London ag-ree­ 161 to 200 percent 1 to 5 .. 20 350 gion of the world? ments; and Serbs who impede the delivery of I Income of the individ ual as a percentage of the Federa l poverty thresh ­ I am afraid that when peace is finally humanitarian assistance and continue the old . achieved, the international community may octious practice of "ethnic cleansing"'. It is merely breathe a sigh of relief that the conflict now clear, in short, that Mr. Milosevic and has finally ended and quietly allow those re­ Mr. Karadzic have systematically flouted INTRODUCTION OF YUGOSLAVIA sponsible to simply vanish as faceless killers agTeements to which they had solemnly, and WAR CRIMES LEGISLATION into history. We must not let that happen. yet cynically, given their assent. I am submitting for the RECORD several arti­ Today we must, at a minimum, commit cles which highlight the need for a war crimes ourselves anew to the London agreements HON. FRANK R. WOLF by: Redoubling our assistance efforts, and OF VIRGINIA tribunal. Among them is a statement issued in continuing to press for the opening· of routes IN THE HOUSE OF REPRESENTATIVES December 1992, by Secretary of State Law­ for aid convoys, so that widespread starva­ rence Eagleburger. I commend Secretary Wednesday, January 6, 1993 tion can be avoided this winter; strengthen­ Eagleburger for this statement because in it, ing our efforts to prevent the war's spillover, Mr. WOLF. Mr. Speaker, today I am intro­ for the first time, a high level U.S. Government particularly in the Kosovo, which we will not ducing a resolution which places the Congress official places blame for the atrocities being tolerate; and tig·htening· and better enforcing on record in support of convening an inter­ committed in Bosnia-Hercegovina squarely on sanctions, the surest means of forcing· an national tribunal to consider war crimes in the specific individuals. These are by no means early end to the war. But we must also do more. It is clear that former Yugoslavia. the only people involved in this tragedy, but the international community must beg'in Passage of this resolution is extremely im­ Mr. Eagleburger is right in pointing the finger now to think about moving beyond the Lon­ portant. It is important because, while the U.S. directly at a half dozen officials who should be don agreements and contemplate more ag·­ Congress is on record condemning the war­ the first to appear before a war crimes court. gressive measures. That, for example, is why time atrocities in the former Yugoslavia, it is War is a horrible human tragedy. But war my government is now recommending· that not on record in support of requiring those re­ against noncombatants-women, children, and the United Nations Security Council author­ sponsible for the brutal killing, rape, and tor­ the elderly-is uniquely cruel. To let the bar­ ize enforcement of the no-fly zone in Bosnia, ture to stand trial for their hideous deeds. barians responsible for these atrocities go free and why we are also willing· to have the Council reexamine the arms embarg·o as it Much has transpired since Congress ad­ would be one of the greatest miscarriages of justice this world has ever known. applies to the government of Bosnia­ journed last fall; new is information brought to Herzegovina. light daily making it clear that those being Mr. Speaker, the United States is truly a Finally, my government also believes it is killed and tortured in Bosnia-Hercegovina are beacon for hope and morality in the world. time for the international community to not simply casualties of war, rather they are Other nations are awaiting our leadership. The begin identifying individuals who may have the victims of a carefully planned campaign of U.S. Congress must not let them down. I urge to answer for having committed crimes terror. quick passage of this resolution and welcome ag·ainst humanity. We have, on the one hand, the support of my colleagues. and moral and historical obligation not to The resolution I am introducing today is stand back a second time in this century quite simple. It puts the Congress and Amer­ STATEMENT BY SECRETARY OF STATE LAWRENCE S. EAGLEBURGER while a people faces obliteration. But we ica on record urging the President to do every­ have also, I believe, a political obligation to thing possible to bring to justice those respon­ Ladies and Gentlemen, just under four the people of Serbia to signal clearly the sible for the continuing death and destruction months ago, an important milestone was risk they currently run of sharing the inevi­ reached with the convening of the London table fate of those who practice ethnic in the former Yugoslavia. International Conference on the Former Mr. Speaker, the war in the former Yugo­ cleansing in their name. Yugoslavia. Commitments were made both The fact of the matter is that we know slavia has caused pain and bloodshed not by the parties to the Yug·oslav conflict and that crimes ag·ainst humanity have occurred, seen in Europe since World War 11. Last Au­ by the international community itself-com­ and we know when and where they occurred. gust, I visited the former Yugoslavia. I was in mitments to ensure unimpeded delivery of We know, moreover, which forces committed Bosnia, Voivodina, Serbia, Kosova, and Mac­ humanitarian aid; to lift the barbaric seige those crimes, and under whose command edonia. I flew into Sarajevo on a United Na­ of cities; to halt all military flights over they operated. And we known, finally, who Bosnia-Herzegovina; to group all heavy tions relief flight and witnessed first-hand the the political leaders are to whom those mili­ weapons under UN monitoring; to open up tary commanders were-and still are-re­ fighting going on in Bosnia. I also saw the and shut down all detention camps; to tight­ hopeless faces of hundreds of men, mostly sponsible. en sanctions against the aggressor; and to Let me begin with the crimes themselves, Muslims, in a Serbian prison camp. In Feb­ prevent the conflict's spread to neighboring the facts of which are indisputable: ruary last year, I also visited Croatia where regions and countries. The sieg·e of Sarajevo, ongoing· since April, civil war was also raging. Come of those commitments have been with scores of innocent civilians killed near­ The number of casualties is truly staggering. kept, particularly in the area of sanctions ly every day by artillery shelling; Consider for a moment these facts: Thou­ monitoring, and in efforts to prevent a fur­ The continuing· blockade of humanitarian ther widening of the war. Most importantly, sands of innocent civilians have been injured, assistance, which is producing· thousands London established a neg·otiating mechanism upon thousands of unseen innocent victims; wounded and killed; as many as 50,000 centered here in Geneva, which has brought The destruction of Vukovar in the fall of women and girls have been brutally raped; as the international community and the var­ 1991, and the forced expulsion of the majority many as 70,000 are currently being held in ious ex-Yug·oslav parties together on an on­ of its population; squalid concentration camps; millions more going basis, and which, thanks to the efforts The terrorizing of Banja Luka's 30,000 Mus­ are homeless or living as refugees throughout of Cyrus Vance and Lord Owen, remains a lims, which has included bombings, beatings Europe. viable forum for an eventual settlement of and killings; the war. The forcible imprisonment, inhumane mis­ These numbers grow every hour and what But let us be clear: we find ourselves today treatment and willful killing of civilians at of the uncounted cost. Who does not remem­ in Geneva because most of the commitments detention camps, including Banja LukaJ ber the glistening jewel-Sarejavo-at the made in London have not been kept, and be­ Manjaca, Broko/Luka, KrajinaJPrnjavor, 1984 winter Olympic games? Who would rec­ cause the situation inside the former Yugo­ Omarska, Prijedor/Keraterm, and Trnopolje/ ognize the devastation there today? slavia has become increasingly desperate. Kozarac; Since this tragedy began, dozens of cease­ Thus we meet to discuss how the inter­ The August 21 massacre of more than 200 fire agreements have been reached between national community will respond in order to Muslim men and boys by Bosnian Serb police the warring sides. But every one of these force compliance with the London ag-ree­ in the Vlasica mountains near Varjanta; ments, and thereby accelerate an end to the The May-June murders of between 2,000 pacts have been quickly broken before the ink war. and 3,000 Muslim men, women and children was dry. What will happen when peace finally It is clear in reviewing the record since by Serb irregular forces at a brick factory does come in the former Yugoslavia? Who will London that the promises broken have been and a big farm near Broko; 364 EXTENSIONS OF REMARKS January 6, 1993 The June mass execution of about 100 Mus­ the London agreements by Serb authorities thing·. I looked into his eyes and asked him lim men at Brod; is not only producing· an intolerable and de­ if he had a wife. He said no. I asked him if he And the May 18 mass killing of at least 56 teriorating· situation inside the former Yugo­ had a sister. He said he had one. Then I said, Muslim Family members by Serb militiamen slavia, it is also beginning· to threaten the "How would your sister feel if somebody did in Grbavci, near Zvornik. framework of stability in the new Europe. the same thing to her that you are doing to We know that Bosnian Serbs have not It is clear that the reckless leaders of Ser­ me?" Then he jumped up and told me to get alone been responsible for the massacres and bia, and of the Serbs inside Bosnia, have dressed and leave." crimes against humanity which have taken somehow convinced themselves that the S., who now lives in a refug·ee center in place. For example, in late October Croatian international community will not stand up northern Croatia, is a survivor of what may fig·hters killed or wounded up to 300 Muslims to them now, and will be forced eventually be the most sadistic violence to haunt Eu­ in Prozor; and between September 24-26, to recog·nize the fruits of their aggTession rope since the Nazi campaig·ns: "ethnic Muslims from Kamenica killed more than 60 and the results of ethnic cleansing·. Trag­ cleansing-." Now, on top of documented cases Serb civilians and soldiers. ically, it also appears that they have con­ of systematic torture and murder in Bosnia, We can do more than enumerate crimes; we vinced the people of Serbia to follow them to come charges of a new Serb atrocity-mass can also identify individuals who committed the frontlines of what they proclaim to be an rape. No one knows how many victims there them: historic struggle against Islam on behalf of are, though estimates range from 30,000 to For example, Borislay Herak is a Bosnian the Christian West. 50,000 women, most of them Muslim. In the Serb who has confessed to killing· over 230 ci­ It is time to disabuse them of these most last few months, a torrent of wrenching· vilians; dangerous illusions. The solidarity of the first-person testimonies from refugees has And "Adil and " Arif" are two members of civilized and democratic nations of the West emerg·ed, suggesting· widespread sexual abuse a Croatian paramilitary force which in Au­ lies with the innocent and brutalized Muslim by Serb forces. They tell of repeated rapes of g·ust attacked a convoy of buses carrying people of Bosnia. Thus we must make it un­ girls as young· as 6 and 7; violations by neigh­ more than 100 Serbian women and children, mistakably clear that we will settle for bors and strang·ers alike; gang rapes so bru­ killing· over half of them. nothing less than the restoration of the inde­ tal their victims die; rape camps where Serbs We also know the names of leaders who di­ pendent state of Bosnia-Herzegovina with its routinely abused and murdered Muslim and rectly supervised persons accused of war territory undivided and intact; the return of Croat women; rapes of young· g·irls performed crimes, and who may have ordered those all refugees to their homes and villages; and, in front of fathers, mothers, siblings and crimes. These include: indeed, a day of reckoning for those found children; rapes committed explicitly to im­ Zeljko Raznjatovic, whose paramilitary guilty of crimes against humanity. pregnate Muslim women and hold them cap­ forces, the "Tig·ers". have been linked to It will undoubtedly take some time before tive until they give birth to unwanted Ser­ brutal ethnic cleansing in Zvornik, all these goals are realized; but then there is bian babies. Srebrenica, Bratunac and Grobnica; and who time, too, thoug·h not much, for the people of Many reports are unconfirmed, and some were also linked to the mass murders of up Serbia to step back from the edge of the may never be independently corroborated. to 3,000 civilians near Broko; abyss. There is time, still, to release all pris­ But as anecdotal evidence piles up, Western Volislav Seseij, whose "White Eagles" oners; to lift the siege of cities; to permit hu­ media and women's groups are pressuring force has been linked to atrocities in a num­ manitarian aid to reach the needy; and to their governments to take some kind of ac­ ber of Bosnian cities, including· the infamous negotiate for peace and for a settlement tion. So far it has resulted in little more incident at Broko; g·uaranteeing the rights of all minorities in than intelligence gathering· by the United Drago Prcac, Commander of the Omareka the independent states of the former Yugo­ States and the European Community. The Detention Camp, where mass murder and slavia. U.N. Security Council, citing· "massive, orga­ torture occurred; But in waiting for the people of Serbia, if nized and systematic detention and rape," And Adem Delic, the camp commander at not their leaders, to come to their senses, we voted unanimously on Dec. 18 to condemn Colebici where at least 15 Serbs were beaten must make them understand that their "atrocities committed ag·ainst women, par­ to death in August. country will remain alone, friendless and ticularly Muslim women, in Bosnia and I want to make it clear that, in naming condemned to economic ruin and exclusion Herzegovina." In blithe defiance of inter­ names, I am presenting the views of my g·ov­ from the family of civilized nations for as national outrage, the Serbs continue to at­ ernment alone. The information I have cited long as they pursue the suicidal dream of a tack Bosnian towns. has been provided to the UN War Crimes Greater Serbia. They need, especially, to un­ Do the Serbs have a deliberate policy of Commission, whose decision it will be to derstand that a second Nuremberg awaits rape? Have they, as Bosnian Foreign Min­ prosecute or not. Second, I am not prejudg­ the practitioners of ethnic cleansing, and ister Haris Silajdzic alleges to Newsweek, ing any trial proceedings that may occur; that the judgment, and opprobrium, of his­ used rape in the "systematic humiliation they must be impartial and conducted in ac­ tory awaits the people in whose name their and g·enocide of the Bosnian people"? U.S. cordance with due process. Third, the above crimes were committed. g·overnment analysts haven't yet uncovered listing of names is tentative and will be ex­ anything as obvious as a speech or direct panded as we compile further information. A PATTERN OF RAPE-A TORRENT OF WRENCH­ order by a Serbian leader calling on troops Finally, there is another category of fact ING FIRST-PERSON TESTIMONIES TELLS OF A to violate Muslim women. But there does which is beyond dispute-namely, the fact of NEW SERB ATROCI'l'Y: SYSTEMATIC SEXUAL seem to be a widespread pattern of on-the­ political and command responsibility for the ABUSE gTound commanders encouraging·-or even crimes against humanity which I have de­ About all she has left is her name, which ordering- their men to rape. The testimonies scribed. Leaders such as Slobodan Milosevic, she prefers to keep to herself, and the shock­ of so many victims and witnesses, and of the President of Serbia, Radovan Karadzic, ing memories of last July. That's when Ser­ some captured Serb perpetrators, have a con­ the self-declared President of the Serbian bian troops stormed the northwest Bosnian sistency that cannot be accidental. "It's Bosnian Republic, and General Ratho villag·e of Rizvanovici, and S., a 20-year-old hard to believe that all these Serbian men, Mladic, Commander of Bosnian Serb mili­ Muslim woman with a ponytail, was rounded no matter how animalistic you think human tary forces, must eventually explain whether up with 400 other women in the yard of a nature is, would suddenly get it in their and how they sought to ensure, as they must neighbor's house. Two soldiers, wearing cam­ heads to find a 'I-year-old girl and rape her," under international law, that their forces ouflage uniforms and Serbian crosses around says the lead State Department researcher. complied with international law. They their necks, picked S. and her friend I. out of Rape is an integral part of ethnic cleansing, ought, if charged, to have the opportunity of the crowd. "They brought us to an empty of eradicating entire areas of their historic defending themselves by demonstrating house and there they did what they wanted Muslim populations through brutal intimi­ whether and how they took responsible ac­ to do," says S. dully. "First we had to excite dation, expulsion and outright murder. In tion to prevent and punish the atrocities I them and then we had to satisfy them." such Bosnian towns as Breko, Bjeljina, have described which were undertaken by Afterward the Serbs traded partners. The Kljuc, Sanski Most, Prijedor, Kotor Varos, their subordinates. girls had been virgins. "They were laughing Zvornik, leading citizens-anyone who I have taken the step today of identifying at us," S. recalls. "They said we were pretty owned a business, participated in the Party individuals suspected of war crimes and girls and [that] we saved ourselves for of Democratic Action, held a university de­ crimes against humanity for the same reason them." gree-were hunted down and liquidated. The that my government has decided to seek UN Her ordeal didn't end there. After being rest of the male population was packed off to authorization for enforcing the no-fly zone in raped and dumped at the yard, one of the sol­ the prison camps. Rape clearly was the coup Bosnia, and why we are now willing to exam­ diers came back to bring S. to his com­ de grace delivered to tens of mortally wound­ ine the question of lifting the arms embargo mander. "He told me to take off my clothes ed towns, a way of ensuring that women as it applies to Bosnia-Hersegovina. It is be­ and to lie down on the bed," she says. "Then would never want to return to their homes. cause we have concluded that the deliberate he did the same thing. He started to kiss and For 12-year-old Vasvija, the terror began flaunting of Security Council resolutions and to caress me. He saw that I didn't feel any- after she was evicted from her village of January 6, 1993 EXTENSIONS OF REMARKS 365 Jelec in Aug·ust. During her first night in leaders of the Bosnian Serbs-with low-rank­ raped and held until long· past the time for a Partizan Hall, a Serb-run detention camp in ing henchmen like Borislav Herak. A 21- safe abortion. Earlier release doesn't g·uaran­ the nearby eastern Bosnian town of Foca, year-old Serb laborer from Sarajevo, Herak tee relief: a 1978 Yugoslav law allows gyne­ two soldiers picked her from among· the 70 admits to raping· seven Muslim women and cologists to perform abortions only up to the detainees, all women, children and elderly to killing two of his victims in addition to 10th week of pregnancy; thereafter, cases are civilians. "They brought me to a flat, an the 18 murders to which he has already con­ referred to a hospital ethics commission empty flat," she says, a sing·le tear running fessed. "We were ordered to rape so that our which, in Roman Catholic Croatia, home to down an otherwise passive face. "They raped morale would be hig·her," he says from a 400,000 Bosnian refugees, may be more in­ me." Both soldiers? "Both." Over nine con­ military prison in the Bosnian capital. "We clined to put the babies up for adoption. secutive nights, Vasvija endured the same were told we would fig·ht better if we raped Rape is the ultimate act in the Serbs' pro­ hideous treatment at the hands of different the women." He claims that he and fellow gTam of annihilation. They have robbed men. Once she was taken out with her moth­ soldiers frequented the Sonja Cafe-one of countless civilians of their possessions, their er and another inmate. They were all raped several alleged "rape camps" outside Sara­ land, their lives and their dignity. Bosnia by the same Serbian soldier. Exchanged on jevo-which maintained a population of 70 will be haunted by hundreds, if not thou­ Sept. 17 for Serb prisoners, Vasvija, her sib­ Muslim women and g'irls; those who were sands, of Serbian children forced on unwill­ ling·s and her mother now live in a refugee killed were quickly replaced. ing Muslim mothers. The Serbs do seem to center near Sarajevo. No one has heard from Entire villag·es, such as Miljevina in east­ be winning their ugly war. But their crimes her father, who was beaten and dragged off ern Bosnia, may have been converted to rape have g·uaranteed that Greater Serbia will be to a different prison camp when the Serbs camps. About 100 people, "all young Muslim an international pariah for years to come. overran J elec. women and girls, were raped," says a 20- How many women are victims of rape? The year-old named Aida. Her attacker was WHERE THE WORLD CAN DRAW THE LINE Bosnian goverment commission on war Dragan J., a Serb policeman and neighbor, Is there any way to stop Serbian atrocities crimes in Sarajevo claims that there are who excused his behavior, she says, on the in Bosnia? So far, the Serbs have resisted an 30,000; the Ministry for Interior Affairs g·oes ground that "'It is war, you can't resist, international blockade and a .g·lobal outcry. as high as 50,000 women. When pressed, there is no law and order'." Rasema, a 33- They have ig·nored a United Nations ban on Bosnian officials concede that their esti­ year-old mother, offers a similar account. flights by Serbian warplanes over Bosnian territory. The no-fly zone may not do the mates are extrapolations based on a rel­ She claims that her assailants raped her in poor Bosnians much good, but that is where atively small number of testimonies. There's front of her two girls. When she resisted, George Bush, in the valedictory days of his no procedure for reporting such crimes and they threatened, "We will cut out your presidency, wants to draw the line. He hopes little willingness by victims to come for­ teeth! Do you want us to slaughter your chil­ an aerial crackdown on the Serbs will keep ward. Battered by fear and shame, most sur­ dren, to watch us cutting them into pieces, their ethnic agg-ression in check, ~wen if it vivors keep their stories to themselves. piece after piece?" In his own defense, one cannot roll back their conquests. The trou­ "They have been brought up in the Islamic attacker told ·Rasema, "I have to do it, oth­ ble is, Bush's allies keep dragging· their feet. spirit," explains Dr. Muhamed Sestic, chief erwise they will kill me." The administration hopes for a U.N. Secu­ rity Council resolution this week authoriz­ of the neuropsychiatric department at the He may have been telling the truth. Two ing military enforcement of the often flouted hospital in Zenica, in central Bosnia. "Sex­ young Serb deserters, Slobodan Panic and flight ban. But a senior State Department of­ ual intercourse is a very serious act, no mat­ Cvijetin Maksimovic, now being held in a ficial complains: "Our British friends are ter if it's done with or against the will of the prison in Orasje, Bosnia, told Newsweek they wimping again. So are the French- and it's woman." Families, he says, often conceal were ordered to rape and murder for the their goddamned resolution." The British rape to spare a woman from marrying be­ amusement of their commander in Brcko, in wanted a 30-day delay in enforcing· the ban. neath her station-or to keep the knowledge northeastern Bosnia, last May. Panic says he which would allow them to equip their 2,400 peacekeeping troops in Bosnia with heavy from her husband. Muhamed Sacirbey, leader balked when two battered women, each weapons as protection against reprisals of the Bosnian Mission to the United Na­ about 18, were broug·ht to him in a room in threatened by Serbs. That long a delay tions, has a grimmer explanation of the rel­ a warehouse where 500 to 600 civilians were would take some pressure off Serbia. It also ative paucity of confirmed reports: "We be­ imprisoned. Serb soldiers "said they'd kill would "leave it to [Bill] Clinton to blow the lieve many of the women who've been raped me if I didn't" rape them, he recalls, insist­ first Serbian helicopter out of the sky," said have been murdered. But a thorough search ing that he "only did a little" to his scream­ the Bush adviser, "and that would be ter­ can't yet be conducted of the victims' where­ ing victims, not consummating· the act. ribly unfair." abouts." The Serbian forces after all, still Three other women were dragg·ed out for the France wanted to limit the enforcement by allowing allied warplanes to shoot down only occupy 70 percent of Bosnia. same humiliating display. During these epi­ the specific Serbian violators of Bosnian air­ Proving mass rape is difficult. No allega­ sodes, Panic says, soldiers stood around in a space. The Pentagon said it needs authoriza­ tion is so emotionally charged-or so suscep­ circle and laughed. Then they hauled two tion to take out support facilities in Serbia tible to exaggeration and propaganda. "It badly beaten Muslim prisoners before Panic itself, including air bases, communications will be years before the full picture of what and handed him a g·un. "I said, 'I can't, gear and fuel supplies. France also wanted to has transpired emerges," reports a U.S. gov­ they've never done anything to me'," he re­ put the entire operation under U.N. com­ ernment specialist. "When we finally can members. "'You have to or else we'll kill mand, an arrangement that the United States, which would supply the largest share survey the interior of Bosnia, I think we'll you'," Panic says he was told. He shot each of the military assets, simply would not ac­ find a mass grave associated with each and man in the chest. Two more male prisoners cept. every camp and village that was ethnically appeared. A soldier handed Panic a knife. Washing·ton believes that quick and firm cleansed. And in every one of them will be "Butcher them," he commanded. When action is needed to avert a repressive move women who were raped." Panic protested, the soldier replied, "I'll against Kosovo, a Serbian province whose The attempt to pin down numbers enrages show you how it's done." Then, holding Pan­ population is 90 percent ethnic Albanian. some advocacy groups. "What happens to ic's hand around the knife handle, he seized Last week Serbian President Slobodan men is called politics, what happens to the man by the hair, jerked back his head Milosevic, the nationalist who inspired the attacks on Bosnia, claimed a resounding women is called culture," says Gloria and cut his throat. electoral victory over Prime Minister Milan Steinem. She has a point: rape has histori­ Death, at least, brings an end to suffering. Panic, the Belgrade-born California million­ cally been treated as an incidental atrocity Rape victims who became pregnant relive aire who had campaigned on a peace plat­ of war. Along with groups like the Inter­ their horror every day. Sofija, a 30-year-old form. Election monitors from the Conference national League for Human Rig·hts and the Muslim, was released from a school turned on Security and Cooperation in Europe Center for Reproductive Law & Policy, the prison camp in the village of Parzevic in (CSCE) said the vote was "riddled with flaws Ms. Foundation has labored to place rape in mid-September, after being raped every and irregularities." But far-right national­ ists also did well in the election, suggesting Bosnia at the center of international atten­ night for six months by five or six different that many Serbs endorse "ethnic cleansing." tion. Many organizations hope to provide Serb soldiers. Now she is hiding· from her One of the winners was Zeljko Raznatovic, psychological ~upport to rape survivors. But family in a cold Sarajevan hospital, tor­ leader of a Serbian paramilitary group in a chief aim is to prosecute war criminals. mented by the thought of the unwanted child Kosovo. Says Steinem: "These people must be held growing inside her. "I do not want to see the Newsweek has learned that, in hopes of responsible." baby," the mother of two says without emo­ heading off a crackdown on Kosovo, Sec­ But sorting out "these people" won't be tion. "I will not feed it. I do not want any­ retary of State Lawrence Eagleburger con­ easy. In his call for a war-crimes trial, Sec­ thing to do with it." Her roommate says that sidered a trip to Belgrade to confront Milosevic, a former communist official he retary of State Lawrence Eagleburger Sofija talks in her sleep every night, debat­ g·ot to know well during his years as U.S. lumped together the chief architects of a ing· whether to kill the baby when in arrives ambassador to Yugoslavia. An allied source Greater Serbia- including Serbian President in mid-January. Somewhere in Sarajevo are quoted Eagleburger as saying he wanted to Slobodan Milosevic and Radovan Karadzic 12 other pregnant women and girls from the see Milosevic and "shake my fist in his and Ratko Mladic, the political and military same village as Sofija who were similarly face." But the secretary scrubbed the trip 366 EXTENSIONS OF REMARKS January 6, 1993 after he and Bush decided that a hig·h-profile whole or in part, a national, ethnical, racial beg·un would end by creating an appropriate visit would only harden Milosevic's defiance. or religfous group, as such" and requires the court to judge the accused. The expert com­ Meanwhile, administration officials are United Nations to take "appropriate" action mission has already received 3,000 pages of keeping in touch with Clinton's foreign pol­ to stop it. Reports on "ethnic cleansing"' testimony on war crimes in Bosnia from gov­ icy advisers, observing· a careful distinction provide a powerful case that violations of all ernments, aid organizations and individuals, between "informing" them and "consulting" these conventions are rife. mostly refugees. After analyzing· the infor­ them. Clinton advocates enforcing a no-fly But fully investigating· a crime is far dif­ mation, the experts will report to Boutros­ zone over Bosnia and supports other limited ferent from compiling alleg·ations. And what Ghali by the end of this month. The next uses of force, especially from the air, to de­ the United Nations has created is the shell of step will be up to the Security Council. fend the former Yugoslav republic. Sources an investig·ative force- without a staff, budg·­ Leg·al scholars believe that a special tribu­ say Clinton's vice president, Al Gore, met et or any clear authority to do more than nal, rather than any sing·le nation's courts, quietly in Washington last week with Haris shuffle papers. "It's a question of political would be the appropriate venue. Says Jochen Silajdzic, Bosnia's foreig·n minister. will," said one member. "I think they're Frowein, of the Max Planck Institute for Russian Tilt: Short of bombing Serbia's in­ hoping· that the crisis will g·o away." Telford International Law in Heidelberg: "A Secu­ frastructure, the Bush administration sees Taylor, one of the chief Nuremberg· prosecu­ rity Council resolution setting out in detail no sure way to restrain Milosevic. A Serbian tors, predicts that "the outcome will depend how exjsting· provisions on war crimes shall purge of Kosovo could draw other Balkan much more on political developments than be applied is the only promising avenue." countries into a widening war. But national­ on getting out the books on the laws of war." There the process would probably break ism is complicating the effort to find a solu­ Ultimately, what produced the Nuremberg· down, for the suspects are not in the U.N's tion at the United Nations. Hard-line nation­ judgment was an Allied victory in World War hands. Even if the panel of experts reports alists in Moscow are demanding· a tilt toward II: the victors set up their own tribunal. And the crimes ag·ainst humanity in all their Serbia, a traditional Russian ally. It's by no in the Balkans, so far it's the Serbs who are enormity and the Security Council estab­ means clear that the Russians would veto winning·. lishes a proper tribunal, the criminals could military action ag·ainst Serbia, but cooperat­ well remain unfettered in Bosnia, Serbia and ing with Washington could cost embattled CRIMES WITHOUT PUNISHMENT Croatia. Short of a military invasion from President Boris Yeltsin some scarce political (By Bruce W. Nelan) the West, there is no obvious way to find and capital. And a senior administration official Brutal crimes are being committed in detain them. worries that "If Russia's foreig·n policy turns Bosnia and Herzeg·ovina, and anyone watch­ With such a dead end likely, many experts back, all bets are off. The U.N. and the ing television can see the gruesome effects are skeptical about how serious Eag"leburg·er CSCE, as instruments of peacemaking or every day. War is not pretty, but it has its and the U.S. government are when they peacekeeping in the post-cold-war era, are rules. Whenever armies torture or murder ci­ speak of war crimes. Some critics believe finished." It hasn't yet come to that, but the vilians, imprison them in concentration that Washington is raising the issue to mask idea of a "new world order," George Bush's camps or drive them off the land, when they its unwillingness to use force against the loftiest legacy, is fading fast. burn houses, wantonly shell cities and rape criminals in Yugoslavia. The public charges, women, they are committing war crimes. says Rosalyn Hig·gins, a professor of inter­ WILL THERE BE "A SECOND NUREMBERG" ? International law sometimes seems ab­ national law at the London School of Eco­ A second Nuremberg is in store for the struse, but it is absolutely clear on this nomics, reflect "impotence or inability for practitioners of "ethnic cleansing," declared issue. A shooting war is no excuse for mis­ political reasons to act." U.S. Secretary of State Lawrence treating civilians or military prisoners. The One way to take action, if the accused can­ Eagleburger, naming 10 candidates for pros­ legal precedents were set at the trials of not be delivered to an international tribunal, ecution as war criminals, including Serbian major war criminals in Nuremberg and would be to try them in absentia. Those President Slobodan Milosevic. The United Tokyo after World War II. The underlying found g·uilty would risk arrest if they ever Nations Security Council, he noted, has cre­ principles were endorsed by the U.N. General went abroad. Even without a formal trial, ated a five-member Commission of Experts Assembly and the U.N. International Law the accused will have to think twice about to investig·ate war crimes in the Balkans, the Commission and codified in the fourth leaving· home. The crimes are of "universal first such body since 1943, when the World Genneva convention in 1949. jurisdiction," which means that every coun­ War II Allies beg·an assembling evidence "There is no question about the fact that try is entitled to prosecute offenders found against the Nazis. Since October, the five war crimes have occurred in the former within its borders. And there is no statute of have been poring through a six-foot stack of Yugoslavia," says Adam Roberts, professor limitations on these crimes. detailed reports on atrocities in the Bal­ of international relations at Oxford Univer­ But the skeptics may be right. Since kans-"some of the worst thing·s you can sity and a leading· expert on the subject. Eagleburg·er named names last month, the imagine," in the words of one of those ex­ "The Geneva conventions have been obvi­ U.S. has made no effort to follow up or press perts, De Paul University law professor ously and massively violated." So when U.S. for quick action to create a tribunal. That is Cherif Bassiouni. It all sounds deadly seri­ Secretary of State Lawrence Eag·leburger true even though Washington is sitting on ous. But what are the odds that Milosevic or said in Geneva last month that "crimes intelligence estimates that indicate 70,000 anyone else in the former Yugoslavia will be against humanity have occurred," he was people-five times the number mentioned in hauled before a tribunal? simply stating a fact. public- are being held under intolerable con­ Long at best. In theory, the world commu­ But what does the West intend to do about ditions in concentration camps in Bosnia and nity has plenty of prosecutorial tools to use it? The U.N. Security Council has deplored Serbia. Those camps' lines of command, ac­ in upholding the laws of war. And the end of " grave breaches of international humani­ cording to intellig·ence reports, lead straight the cold-war rivalry appears to be broaden­ tarian law" in Bosnia and Herzegovina time to Belgrade, the Serbian capital. But the ing the constituency for a ·muscular defense and again. Eag·leburger took it a step fur­ West seems so embarrassed at what it has re­ of human rights. But hug·e obstacles remain. ther, warning the criminals of "a second cently discovered in the former Yugoslavia As a practical matter, documenting war Nuremberg" and linking specific men to the that it does nothing about it. crimes in the Balkans would be far more dif­ crimes: four Serbs, two Croats and a Muslim. ficult than building a case against the Nazis He also named three political leaders, in­ was, because the Nazis kept good records and cluding Serbian President Slobodan SENATE COMMITTEE MEETINGS there was a clear chain of command. Then Milosevic, as bearing special responsibility. there is politics: many U.N. members fear Yet there are no signs that any of this is Title IV of Senate Resolution 4, that creating a tribunal to prosecute atroc­ more than the rhetoric of outrage. Two of agreed to by the Senate on February 4, ities in the Balkans could lead to the inves­ the men Eagleburger fingered are to fly to 1977, calls for establishment of a sys­ tigation of human-rights abuses in their own Geneva this month at U.N. expense to talk countries. Some human-rights activists pre­ peace with Bosnian leaders. tem for a computerized schedule of all dict that the threat of prosecution will even­ Appalling crimes have been committed, meetings and hearings of Senate com­ tually be bargained away as part of a peace but proving that a particular suspect is mittees, subcommittees, joint commit­ settlement in the Balkans. The United Na­ g·uilty of a specific atrocity, as is legally re­ tions, they charge, is merely posturing. "We quired, will be difficult. The Nuremberg tri­ tees, and committees of conference. are terribly frustrated," one member of the bunal was aided greatly by meticulous Nazi This title requires all such committees U.N. commission told Newsweek. "It's a big record keeping; no such paper trail of official to notify the Office of the Senate Daily game." orders and reports is likely to turn up in Digest-designated by the Rules Com­ The laws are clear enough. Any case Bosnia. And if solid indictments are eventu­ mittee-of the time, place, and purpose against Milosevic or the others would rest on ally prepared, no court exists to try such "grave breaches" of international agree­ cases. Even more difficult, there is no way to of the meetings, when scheduled, and ments dating to 1907, when the Hague Con­ arrest the suspects. "No one knows where any cancellations or changes in the vention prohibited attacks on undefended ci­ this will lead," says a Western diplomat in meetings as they occur. vilian targets. That basic principle was Belgrade, "but we have crimes here of such a As an additional procedure along elaborated in the Geneva Conventions of 1929 scale that you can't just wash your hands of and 1949, which set up strict guidelines for them." with the computerization of this infor­ the treatment of prisoners of war and civil­ A second Nuremberg may not be possible, mation, the Office of the Senate Daily ians caught in war zones; among its many but the U.N. is on a path that could lead to Digest will prepare this information for provisions are prohibitions on the transfer of trials. The Security Council last October au­ printing in the Extensions of Remarks civilian populations and "outrages against thorized a commission of legal experts from personal dignity." In addition, a separate five countries to document war crimes in section of the CONGRESSIONAL RECORD Genocide Convention, adopted in 1951, bans Yugoslavia. Secretary-General Boutros on Monday and Wednesday of each acts committed "with intent to destroy, in Boutros-Ghali said he hoped the process thus week. January 6, 1993 EXTENSIONS OF REMARKS 367 Meetings scheduled for Thursday, 2:00 p.m. JANUARY26 January 7, 1993, may be found in the Foreign Relations 9:30 a.m. To continue hearings on the prospective Governmental Affairs Daily Digest of today's RECORD. nomination of Warren M. Christopher, To hold an organizational meeting· to of California, to be Secretary of State. consider pending· committee business. MEETINGS SCHEDULED SH- 216 SD-342 10:00 a.m. JANUARY 8 JANUARY 14 Select on Indian Affairs To hold an organizational meeting·, to 9:30 a.m. 10:00 a.m. consider proposed leg·islation request­ Governmental Affairs AgTiculture, Nutrition, and Forestry ing certain funds in operating ex­ To hole! hearing·s to examine the new ad­ To hold hearings on the prospective nom­ penses, and other pending committee ministration's recommendations and ination of Mike Espy, to be Secretary business. reports relating to Federal policy and of Agriculture. SR--485 management. SD-138 10:30 a.m. SD-342 Foreign Relations Foreign Relations Joint Economic To continue hearings on the prospective Business meeting, to consider the pro­ To hold hearings on the employment-un­ nomination of Warren M. Christopher, spective nominations of Clifton R. employment situation for December. of California, to be Secretary of State. Wharton, Jr., of New York, to be Dep­ SD-628 SH-216 uty Secretary of State, and Madeleine 2:00 p.m. K. Albright, of the District of Colum­ JANUARY 11 Foreign Relations bia, to be the U.S. Representative to the United Nations, with the rank of 9:30 a .m. To continue hearings on the prospective Ambassador, and the. U.S. Representa­ Governmental Affairs nomination of Warren M. Christopher, tive in the Security Council of the To hold hearings on the prospective nom­ of California, to be Secretary of State. United Nations. ination of Leon E. Panetta, of Califor­ SH- 216 S-116, Capitol nia, to be Director, Office of Manage­ ment and Budg·et. JANUARY 19 JANUARY28 SH-216 10:00 a.m. 9:30 a.m. 10:00 a.m. Foreig·n Relations Environment and Public Works Governmental Affairs Business meeting-, to consider the pro­ To hold hearings on proposed legislation To hold hearings on the prospective nom­ spective nomination of Warren M. to redesig·nate the Environmental Pro­ ination of Carol M. Browner, of Flor­ Christopher, of California, to be Sec­ tection Agency as the Department of ida, to be Administrator of the Envi­ retary of State. Environmental Protection, an execu­ ronmental Protection Agency. S-116, Capitol tive agency. SD- 106 SD-342 JANUARY21 JANUARY 12 FEBRUARY2 10:00 a.m. 9:30 a.m. Foreign Relations 9:30 a.m. Governmental Affairs To hold hearings on the prospective nom­ Governmental Affairs To continue hearings on the prospective To hold hearings to examine performance nomination of Leon E. Panetta, of Cali­ ination of Madeleine K. Albright, of the District of Columbia, to be the U.S. measurement in Federal programs. fornia, to be Director, Office of Man­ SD-342 agement and Budget. Representative to the United Nations, SH- 216 with the rank of Ambassador, and the FEBRUARY4 U.S. Representative in the Security 10:00 a.m. 9:30 a.m. Banking, Housing, and Urban Affairs Council of the United Nations. SH-216 Governmental Affairs To hold hearings on the prospective nom­ To hold hearings to examine the General ination of Henry Cisneros. of Texas, to 2:00 p.m. Accounting Office analysis of TRIAD be Secretary of Housing and Urban De­ Foreign Relations cost effectiveness. velopment. To continue hearings on the prospective SD-342 SD-628 nomination of Madeleine K. Albright, Labor and Human Resources of the District of Columbia, to be the FEBRUARY23 To hold hearings on the prospective nom­ U.S. Representative to the United Na­ 9:30 a.m. ination of Richard Riley, of South tions, with the rank of Ambassador, Veterans' Affairs Carolina, to be Secretary of Education. and the U.S. Representative in the Se­ To hold joint hearing·s with the House SD--430 curity Council of the United Nations. Committee on Veterans Affairs to re­ 2:00 p.m. SH-216 view the legislative recommendations Select on Indian Affairs Select on Indian Affairs of the Disabled American Veterans. To hold oversight hearings on Indian To hold hearings on the prospective nom­ 345 Cannon Building housing· and related facility needs. ination of Bruce Babbitt, of Arizona, to SR--485 be Secretary of the Interior. FEBRUARY25 SR--485 9:30 a.m. JANUARY 13 Veterans' Affairs 9:30 a.m. JANUARY22 To hold joint hearings with the House Environment and Public Works 10:00 a.m. Committee on Veterans Affairs to re­ To hold hearings on the prospective nom­ Foreign Relations view the legislative recommendations ination of Frederico Pena, of Colorado, To hold hearings on the prospective nom­ of the Paralyzed Veterans of America, to be Secretary of Transportation. ination of Clifton R. Wharton, Jr., of the Blinded Veterans of America, the Military Order of the Purple Heart, the SD--406 New York, to be Deputy Secretary of Jewish War Veterans, and the Retired Governmental Affairs State. To hold hearings on the prospective nom­ Officers Association. SH- 216 345 Cannon Building ination of Alice M. Rivlin, to be Dep­ 2:00 p.m. uty Director, Office of Management Foreign Relations MARCH2 and Budg·et. To continue hearings on the prospective SD-342 9:30 a.m. nomination of Clifton R. Wharton, Jr., Veterans' Affairs 10:00 a.m. of New York, to be Deputy Secretary of Foreign Relations To hold joint hearings with the House To hold hearings on the prospective nom­ State. Committee on Veterans Affairs to re­ SH- 216 ination of Warren M. Christopher, of view the legislative recommendations California, to be Secretary of State. of the Veterans of Foreign Wars. SH- 216 345 Cannon Building 368 EXTENSIONS OF REMARKS January 6, 1993 MARCH31 9:30 a.m. Veterans' Affairs To hold joint hearings with the House Committee on Veterans Affairs to re­ view the leg·islative recommendations of AMVETS, the Veterans of World War I, the Vietnam Veterans of Amer­ ica, the American Ex-Prisoners of War, and the Non-Commissioned Officers As- sociation. 345 Cannon Building