September 27, 1999 CONGRESSIONAL RECORD — SENATE S11503 $35 in annual income. That’s a gain of 15 per- in poverty are hard-working parents who are erty won until there is no one, no mother, no cent versus a gain of less than 1 percent. doing everything—everything—that they child, who lies down at night hungry or A recent study by the Center on Budget can. But they still aren’t making it. Sixty- homeless. No one should have to worry about and Policy Priorities offers further evidence one percent of the average poor family’s in- whether or not they can provide medical of the widening income gap between the rich come comes from work—$5,295 a year, $441 a care for a sick loved one, or whether or not and the poor in this country. Using Congres- month, $102 a week, or less than $15 a day. their child is safe in daycare while they are sional Budget Office data, they found that For an 8 hour workday, that means someone at work. the after-tax income of the richest one per- was earning just under $2 an hour. Only I know that I am preaching to the choir at cent of the population will more than double twenty-one percent of our average poor fam- this point, so I will close by simply praising between 1977 and 1999, rising 115 percent after ily’s income came from welfare—just $1,824 a you for all of your efforts—each and every adjusting for inflation. At the same time, year, $152 a month, $35 a week, or less than one of you is fighting this fight right on the the average after-tax income for middle-in- $5 a day. And a majority of all poor children front lines—and by urging you not to bend come households, which accounts for 60 per- under age 6, 65 percent, live with at least one and not to give up. In the face of spending cent of all households, will increase by only employed parent. Only one-sixth of poor cuts, changing priorities, and a simple lack 8 percent—less than one-half a percent per young children live in families who rely sole- of concern, you are the real ‘‘poverty war- year—and the average income of the poorest ly on public assistance for income. riors.’’ twenty percent of households will actually How is this possible? How can we live in a And finally, I thank you again for hon- decrease. As a result of these large increases time when there are people who literally oring me this evening. in income among the rich and the loss of in- can’t support themselves and their families Sincerely, come among the poor, CBPP estimates that despite the fact that they work, often nearly PAUL D. WELLSTONE, in 1999, the richest twenty percent of house- 52 weeks a year, 40 hours a week, sometimes U.S. Senator.∑ holds in the U.S. will have slightly more in- more than one job. In a time of unprece- come than the other 80 percent of households dented economic well-being, of budget sur- f combined, and the 2.7 million Americans pluses, and an 8.6 trillion dollar economy, it TRIBUTE TO JUDGE RICH is criminal that there are those living among with the highest incomes will have as much ∑ after-tax income as the 100 million Ameri- us, who are doing everything within their Mr. HATCH. Mr. President, on June cans with the lowest incomes. powers to make ends meet, who cannot pro- 9, 1999, Judge Giles S. Rich passed away My own state of Minnesota provides a tell- vide the basic needs of day-to-day survival at age 95, still serving on the U.S. ing example of how some of our families are for themselves and their families. Court of Appeals for the Federal Cir- being left behind: Minnesota leads the coun- We need to ask ourselves, we must ask our- cuit after nearly 43 years as a Federal try in low unemployment—less than 3 per- selves, what is happening when we see this happening. We should be desperately con- judge and as the oldest active Federal cent statewide, less than 2 percent in the judge in U.S. history. Today, the Fed- Minneapolis-St. Paul area. But even with cerned when we see that the average income such impressive figures, we still see a situa- of American families living in poverty actu- eral court will hold a memorial service tion where unemployment in our poorest ally declined between 1996 and 1997. Simply in his honor. I rise today to add my central-city neighborhoods hovers around 15 put, this is both inexcusable and utterly un- voice to those of the participants in percent, and a horrifying 60 percent of the acceptable. Even in the hardest of times, no that memorial service in paying trib- children who live in these neighborhoods are family, no child, in this country should be ute to this man who contributed as growing up in poverty. And it isn’t just in forced to go without the basic necessities of much, if not more, than anyone else in our cities, but also among our rural commu- food, shelter, and medical care. But even more so, in a time of unparalleled economic this century to the development of U.S. nities, particularly our farm communities, patent policy and the promotion of where we see similar levels of poverty and prosperity, how can any one not react with need. both despair and outrage when confronted by American innovation. And when we talk about people being poor, such a scenario? Judge Rich was heard to say, ‘‘You we are talking about people in desperate There is much to be done, much that see, as I go along, practically every- need. It never fails to amaze me what the should be done, much that must be done. I thing I did was what I didn’t intend to Federal government defines as poor—in 1997, am deeply committed to doing my part: I do.’’ I believe that statement to be true a three-person family was ‘‘officially’’ poor if will continue to offer legislation that pro- in large part because Judge Rich was a tects the rights of the poorest among us, and it made less than $12,802 a year. Even more man who didn’t follow success, but was upsetting, though, is that most poor families to fight to help them provide for their needs. in the U.S. don’t even meet this minimum. I have sponsored or co-sponsored legislation instead followed by success. Bright The average poor family with children re- to raise the minimum wage; to find out people and prestigious positions were ceived in 1997 only $8,688 a year in total in- what’s happening to people when they lose drawn to him because of who he was. come from all sources—the equivalent of $724 their welfare benefits; to allow welfare re- Judge Rich was educated at Harvard a month, $167 a week, less than $24 a day. cipients to count two years of education or College, from which he graduated in Of course, those who suffer the most from vocational training toward their TANF work 1926. He went on to receive his law de- poverty in this country are our children. It requirements; to ensure that everyone in gree from in 1929. makes me sick just thinking about it. Amer- America has access to quality, affordable ica’s youngest children, those under the age healthcare and child care; and to guarantee Since didn’t have of 6, are more likely to live in poverty than that women and children who are victims any patent law classes, Judge Rich de- any other age group. During the past two and survivors of domestic violence have the cided to teach himself patent law, decades there has been a substantial increase economic resources and security they need through an arrangement with a pro- in the number and percentage of poor young to leave abusive situations. We in Congress fessor that allowed him to receive cred- people in the United States. The young child must recognize that it isn’t enough to tell it for a thorough and lengthy paper on poverty rate has grown among all racial and people they must work, but we also need to patents. He in turn shared his knowl- ethnic groups, and in urban, suburban, and provide them with a wide range of supports edge and intellect with students as a rural areas. The number of American young while they try to make the difficult transi- children living in poverty increased from 3.5 tion from poverty to economic self-suffi- lecturer on patent law at Columbia million in 1979 to 5.2 million in 1997. The ciency. All of it goes together—we must ad- University from 1942 until 1956, as an young child poverty rate grew by 20 percent dress each if we intend to solve any. adjunct professor at Georgetown Uni- during those two decades, and currently one- There is so much that you can do with me versity Law Center from 1963 to 1969, in-five young children in the U.S. live in pov- as well. I urge you to follow what happens in and as a lecturer on patent and copy- erty. Nearly one-in-two young African Amer- Congress and with the Administration and right law as part of the Federal Judi- ican children live in poverty, and about one make your opinion known to your Rep- cial Center’s training program for resentatives, to your Senators, and to the in three young Latino children live in pov- newly appointed judges from the pro- erty in the U.S. President—write, e-mail, fax, and phone. Still more horrifying, one in ten young Participate in every way you can, not only gram’s inception in 1965 until 1971. children in the U.S. live in extreme poverty, for yourselves but also for those who might As a dedicated lawyer, professor, and in families with incomes less than half the not feel able to. We must all give a voice to judge, Judge Rich played a significant poverty level, an amount of only $6,401 for a those who are most likely to go unheard, and role in the development and evolution family of three in 1997. Nearly half of the we must teach them to speak loudly for of intellectual property law in the children living in poverty in the U.S. live in themselves. We must also make sure that United States. He practiced law in a extreme poverty. Currently, the extreme people don’t forget the less fortunate among private practice from 1929 to 1956, spe- us. Sometimes in our own prosperity, it is poverty rate among young children is grow- cializing in patent and trademark law. ing faster than the young child poverty rate. easier to simply turn away from that which I think what I find most upsetting is not is difficult or painful to witness. We must He became a member of the the fact that so many among us still live in not relax our efforts, and we must never Bar in 1929 and was certified by the poverty, but that so many of those who live allow anyone to declare the war against pov- U.S. Patent Office in 1934. As a member

VerDate Mar 15 2010 23:03 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S27SE9.REC S27SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11504 CONGRESSIONAL RECORD — SENATE September 27, 1999 of a two-man drafting committee, he and from the interactions of people TITLE I—DEPARTMENT OF VETERANS was one of the two people principally thinking.’’ Judge Giles S. Rich, as a AFFAIRS responsible for drafting the 1952 Patent person, helped transform our federal VETERANS BENEFITS ADMINISTRATION Act, which served as the first codifica- courts. He contributed to a body of COMPENSATION AND PENSIONS tion of all our nations’ federal patent statutory and judicial precedent that is For the payment of compensation benefits to laws and which has served this country unparalleled throughout much of our or on behalf of veterans and a pilot program for well for half a decade without signifi- disability examinations as authorized by law (38 nation’s history. Chief Judge Archer U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and cant revision. In 1992, Judge Rich said of Judge Rich in 1994 that Judge 61); pension benefits to or on behalf of veterans earned special recognition from Presi- Rich was ‘‘open-minded, flexible and as authorized by law (38 U.S.C. chapters 15, 51, dent Bush for his contributions to the respectful of the views of his col- 53, 55, and 61; 92 Stat. 2508); and burial benefits, patent code of our nation’s patent sys- leagues. He [brought] to the art of emergency and other officers’ retirement pay, tem. judging the temperament and knowl- adjusted-service credits and certificates, pay- Judge Rich served in private practice edge that are rarely equaled. It sets a ment of premiums due on commercial life insur- ance policies guaranteed under the provisions of until 1956, when President Eisenhower high standard for all of us.’’ And as appointed him as an associate judge for Article IV of the Soldiers’ and Sailors’ Civil Re- John Reilly stated in eulogizing Judge lief Act of 1940, as amended, and for other bene- the Court of Customs and Patent Ap- Rich, he was ‘‘a quiet jurist and gentle fits as authorized by law (38 U.S.C. 107, 1312, peals (CCPA). Then, in 1982, he was ap- man who by his tireless scholarship 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 pointed as a Circuit Judge for the and faithful devotion to the patent law, U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. CCPA’s successor court, the U.S. Court turned our American century into an 735; 76 Stat. 1198), $21,568,364,000, to remain of Appeals for the Federal Circuit, inventive, productive powerhouse, to available until expended: Provided, That not to which holds exclusive jurisdiction for exceed $38,079,000 of the amount appropriated the benefit of us all.’’ shall be reimbursed to ‘‘General operating ex- patent appeals. From his seat on the Judge Rich began his career as an in- Federal Circuit, Judge Rich authored penses’’ and ‘‘Medical care’’ for necessary ex- tellectual property law practitioner penses in implementing those provisions author- landmark decisions clarifying some of and scholar at a time when radio ized in the Omnibus Budget Reconciliation Act the most difficult concepts in patent broadcasts were the latest emerging of 1990, and in the Veterans’ Benefits Act of law, including decisions that have been technology, yet he lived to set much of 1992 (38 U.S.C. chapters 51, 53, and 55), the hailed as laying the foundation for the the patent policy that formed the foun- funding source for which is specifically provided modern biotechnology industry and im- dation for the digital revolution. For as the ‘‘Compensation and pensions’’ appropria- tion: Provided further, That such sums as may portant cases dealing with the complex these contributions to American juris- area of software and computer-related be earned on an actual qualifying patient basis, prudence and our patent system, his shall be reimbursed to ‘‘Medical facilities revolv- inventions. presence will always be remembered by ing fund’’ to augment the funding of individual Judge Rich was the distinguished re- legislators, lawyers, and judges who re- medical facilities for nursing home care provided cipient of a host of awards during his flect on the law that was made by the to pensioners as authorized. career, ranging from the Jefferson feisty judge that wasn’t going to stop READJUSTMENT BENEFITS Medal of New Jersey Patent Law Asso- hearing cases until something forced For the payment of readjustment and rehabili- ciation in 1955 to the Oldest Active him to do so. tation benefits to or on behalf of veterans as au- Judge in U.S. History Recognized by thorized by 38 U.S.C. chapters 21, 30, 31, 34, 35, Judge Rich, at one time, told an at- 36, 39, 51, 53, 55, and 61, $1,469,000,000, to re- Chief Justices in 1997. He was the inau- tentive audience of a verse his mother gural recipient of the Pesquale J. main available until expended: Provided, That would recite, ‘‘The wise old owl lie in funds shall be available to pay any court order, Federico Memorial Award for out- an oak. The more he saw, the less he court award or any compromise settlement aris- standing service to the patent and spoke; the less the spoke the more he ing from litigation involving the vocational trademark systems, awarded by the heard. Why can’t we be more like that training program authorized by section 18 of Patent and Trademark Office Society. old bird?’’ The intellectual property Public Law 98–77, as amended. He was awarded the Charles F. Ket- community and all of us can learn a VETERANS INSURANCE AND INDEMNITIES tering Award and Distinguished Gov- For military and naval insurance, national great deal from the ‘‘old bird,’’ Judge service life insurance, servicemen’s indemnities, ernment Service Award from the Rich. John Witherspoon, one of Judge George Washington University. He was service-disabled veterans insurance, and vet- Rich’s former law clerks, once said erans mortgage life insurance as authorized by awarded the Harlan Fisk Stone Medal that, ‘‘ is a Master teacher— 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487, from Columbia University. There is a by which I mean, he doesn’t teach at $28,670,000, to remain available until expended. law school moot court competition all; those around him simply learn.’’ VETERANS HOUSING BENEFIT PROGRAM FUND sponsored by the American Intellectual Many will miss his presence and the PROGRAM ACCOUNT Property Law Association—now in its experiences it brought. I send my con- (INCLUDING TRANSFER OF FUNDS) 28th year—named in his honor. There is dolences out to his family, and my For the cost of direct and guaranteed loans, even an Inn of Court named in his gratitude to the man who worked so such sums as may be necessary to carry out the honor. He has been awarded recogni- program, as authorized by 38 U.S.C. chapter 37, hard to contribute to American juris- as amended: Provided, That such costs, includ- tion from intellectual property law as- prudence and the preservation of Amer- sociations in cities across the country ing the cost of modifying such loans, shall be as ica’s status as a nation of inventors.∑ defined in section 502 of the Congressional and, in 1997, was awarded the Centen- Budget Act of 1974, as amended: Provided fur- nial Visionary Award by the American f ther, That during fiscal year 2000, within the re- Intellectual Property Law Association DEPARTMENTS OF VETERANS AF- sources available, not to exceed $300,000 in gross upon the commemoration of its 100th obligations for direct loans are authorized for anniversary. He holds honorary Doctor FAIRS AND HOUSING AND URBAN specially adapted housing loans. of Law degrees from the George Wash- DEVELOPMENT, AND INDE- In addition, for administrative expenses to ington University, John Marshall Law PENDENT AGENCIES APPROPRIA- carry out the direct and guaranteed loan pro- TIONS ACT, 2000 grams, $156,958,000, which may be transferred to School, and George Mason University and merged with the appropriation for ‘‘General School of Law. And these are but a few On September 24, 1999, the Senate operating expenses’’. of the many accolades Judge Rich has amended and passed H.R. 2684, as fol- EDUCATION LOAN FUND PROGRAM ACCOUNT received throughout life. lows: (INCLUDING TRANSFER OF FUNDS) As with all judges, many of those Resolved, That the bill from the House of For the cost of direct loans, $1,000, as author- who followed Judge Rich’s decisions Representatives (H.R. 2684) entitled ‘‘An Act ized by 38 U.S.C. 3698, as amended: Provided, admired and agreed with his legal theo- making appropriations for the Departments That such costs, including the cost of modifying ries, while others disagreed. But all re- of Veterans Affairs and Housing and Urban such loans, shall be as defined in section 502 of spected his intelligence, strength, and Development, and for sundry independent the Congressional Budget Act of 1974, as amend- ambition. He wrote in the history of agencies, boards, commissions, corporations, ed: Provided further, That these funds are and offices for the fiscal year ending Sep- the Court of Customs and Patent Ap- available to subsidize gross obligations for the tember 30, 2000, and for other purposes.’’, do principal amount of direct loans not to exceed peals that ‘‘[c]ourts are people and lit- pass with the following amendment $3,000. tle else. Law evolves from their man- Page 2, strike out all after line 9, over to In addition, for administrative expenses nec- ners of thinking at particular times and including line 3 on page 95, and insert: essary to carry out the direct loan program,

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