S 17870 CONGRESSIONAL RECORD — SENATE November 30, 1995 recipients of Social Security benefits. S. 1271 ADDITIONAL STATEMENTS Currently, blind individuals aged 55 At the request of Mr. CRAIG, the (At the request of Mr. DASCHLE, the and over qualify for Social Security name of the Senator from Alabama following statement was ordered to be disability benefits if their earnings are [Mr. HEFLIN] was added as a cosponsor printed in the RECORD.) below the level of the retirement earn- of S. 1271, a bill to amend the Nuclear f ings limit. My proposal would retain Waste Policy Act of 1982. this parallel treatment between the re- At the request of Mr. HELMS, his THE CHARITABLE GIVING tired and the blind. name was added as a cosponsor of S. PROTECTION ACT The second major difference between 1271, supra. my bill and the earlier McCain legisla- ∑ Mr. DODD. Mr. President, last night f tion is that my bill does not include an the Senate passed the Charitable Giv- ing Protection Act, which Senator offset. I believe we must find a way to AUTHORITY FOR COMMITTEES TO HUTCHISON and I originally introduced pay for this bill. But, it was clear that MEET the vote to defeat an increase in the earlier this year. This legislation will earnings limit earlier this month was COMMITTEE ON ENERGY AND NATURAL help charities use contributions effec- RESOURCES based in part on the proposed offset. tively and ensure that these vital orga- So, my hope is that by not specifying Mr. ASHCROFT. Mr. President, I ask nizations can continue their good an offset now, we can work together in unanimous consent that the Commit- work. I commend Senator HUTCHISON a bipartisan fashion to find a suitable tee on Energy and Natural Resources for her diligent efforts and thank all of way to pay for the costs of this pro- be granted permission to meet during my colleagues for their help in passing posal and increase the Social Security the session of the Senate on Thursday, this legislation in the Senate. earnings limit. November 30, 1995, for purposes of con- Every day across this country, chari- Mr. President, those senior citizens ducting a full committee business table organizations help millions of who want to work and those who must meeting which is scheduled to begin at Americans. Whether its giving dis- work to make ends meet should be hon- 9:30 a.m. The purpose of this meeting is advantaged children meals or clothing, ored and commended, not penalized by to consider pending calendar business. providing shelter to the homeless, or the Social Security system. I urge my The PRESIDING OFFICER. Without working to support the educational and colleagues to support this legislation. objection, it is so ordered. medical needs of the less fortunate, charities help weave a stronger social f COMMITTEE ON FINANCE Mr. ASHCROFT. Mr. President, I ask fabric for our Nation. ADDITIONAL COSPONSORS unanimous consent that the Commit- Regrettably, the benevolent endeav- ors of charities have been jeopardized S. 673 tee on Finance be permitted to meet by a lawsuit, Ozee versuse American At the request of Mrs. KASSEBAUM, Thursday, November 30, 1995, beginning the name of the Senator from Mis- at 10 a.m. in room SD–215, to conduct a Council on Gift Annuities, currently before a Federal district court in sissippi [Mr. LOTT] was added as a co- confirmation hearing on nominees cur- sponsor of S. 673, a bill to establish a rently pending before the committee. Texas. That lawsuit, which has been youth development grant program, and The PRESIDING OFFICER. Without certified as a class action against al- for other purposes. objection, it is so ordered. most 2,000 charities, asks that all money donated to charities through S. 704 COMMITTEE ON FOREIGN RELATIONS charitable gift annuities be returned, At the request of Mr. SIMON, the Mr. ASHCROFT. Mr. President, I ask along with double that amount in dam- name of the Senator from Kansas [Mrs. unanimous consent that the Commit- ages. I have heard from a broad spec- KASSEBAUM] was added as a cosponsor tee on Foreign Relations be authorized trum of charitable organizations in of S. 704, a bill to establish the Gam- to meet during the session of the Sen- Connecticut and they fear that this bling Impact Study Commission. ate on Thursday, November 30, 1995, at lawsuit will undermine their work. S. 706 10 a.m. Over the years, charities have used At the request of Mr. HARKIN, the The PRESIDING OFFICER. Without gift annuities as a means of making it name of the Senator from Illinois [Mr. objection, it is so ordered. easier for people to donate money. Gen- IMON S ] was added as a cosponsor of S. COMMITTEE ON THE JUDICIARY erally, these transactions work as fol- 706, a bill to prohibit the importation Mr. ASHCROFT. Mr. President, I ask lows: A person donates money or some of goods produced abroad with child unanimous consent that the Commit- other asset to a charity and receives a labor and for other purposes. tee on the Judiciary be authorized to tax deduction. The charity then invests S. 969 hold a business meeting during the ses- the money and makes fixed, periodic At the request of Mrs. KASSEBAUM, sion of the Senate on Thursday, No- payments to the donor. When the donor the name of the Senator from Ken- vember 30, 1995, at 10 a.m. in SD–226. dies, the remainder of the gift goes to tucky [Mr. MCCONNELL] was added as a The PRESIDING OFFICER. Without the charity. These arrangements help cosponsor of S. 969, a bill to require objection, it is so ordered. both donors and charities, and it was that health plans provide coverage for never the intent of Congress to unduly COMMITTEE ON THE JUDICIARY a minimum hospital stay for a mother restrict their use. and child following the birth of the Mr. ASHCROFT. Mr. President, I ask In order to ensure that the lawsuit child, and for other purposes. unanimous consent that the Commit- does not bankrupt charities and to fa- tee on the Judiciary be authorized to S. 1228 cilitate the work of charities in the fu- meet during the session of the Senate At the request of Mr. D’AMATO, the ture, the Charitable Giving Protection name of the Senator from Michigan on Thursday, November 30, 1995, at 2 Act clarifies Federal law. The legisla- p.m., in room 226 Senate Dirksen Office [Mr. LEVIN] was added as a cosponsor of tion provides that the activities of S. 1228, a bill to impose sanctions on Building to consider nominations. charities relating to charitable gift an- foreign persons exporting petroleum The PRESIDING OFFICER. Without nuities do not violate antitrust law. It products, natural gas, or related tech- objection, it is so ordered. also codifies certain exemptions that nology to Iran. SELECT COMMITTEE ON INTELLIGENCE the Securities Exchange Commission S. 1245 Mr. ASHCROFT. Mr. President, I ask has recognized for charitable organiza- At the request of Mr. ASHCROFT, the unanimous consent that the Select tions that pool and invest donations. name of the Senator from Alaska [Mr. Committee on Intelligence be author- However, none of these changes STEVENS] was added as a cosponsor of ized to meet during the session of the would make it easier for charities to S. 1245, a bill to amend the Juvenile Senate on Thursday, November 30, 1995, commit fraud. The legislation would Justice and Delinquency Prevention at 9:30 a.m. to hold a closed hearing re- not change the antifraud provisions in Act of 1974 to identify violent and hard- garding intelligence matters. Federal securities law or affect Federal core juvenile offenders and treat them The PRESIDING OFFICER. Without tax laws relating to fraud. People could as adults, and for other purposes. objection, it is so ordered. still bring appropriate lawsuits against November 30, 1995 CONGRESSIONAL RECORD — SENATE S 17871 cheats or swindlers attempting to dis- Heaney dedicated himself to serving THE ODDS AREN’T WORTH IT guise themselves as charities, or char- the disadvantaged and those seeking ∑ Mr. SIMON. Mr. President, during the ities acting fraudulently. equality. To cite one example of this November elections, voters in 19 com- Mr. President, in recent years, chari- dedication, Judge Heaney represented munities from seven States were asked table organizations have stepped for- teachers in their successful fight to to voice their opinion on the expansion ward and filled some of the gaps in the make Duluth the first school district of gambling. Many of these initiatives American safety net, gaps that will in Minnesota to adopt the same pay pitted grassroots efforts and coalitions widen if extreme Republican budget scale for both male and female teach- against well-financed gambling inter- cuts are enacted. Although charities ers. While in private practice, Judge ests. Election results supported more will not be able to come up with the Heaney continually demonstrated his gambling in only 4 of the 19 commu- funds necessary to repair the terrible commitment to the improvement of nities. damage these cuts will cause, charities the State’s educational system. He It is difficult to determine whether will try to help. They always have in worked actively with the Governor and this represents a shift in public opin- times of crisis. The Charitable Giving State legislature to develop a State ion. However, it is clear that in order Protection Act will help them in that school aid formula, which remains in to make informed decisions at the bal- effort. Once again, I applaud Senator use today and continues to serve as a lot box, voters need objective and au- HUTCHISON’s hard work on this legisla- model for the rest of the Nation. Judge thoritative information. Conflicting tion, and I thank all of my Senate col- Heaney also served on the board of re- claims remain unresolved. Nagging leagues for helping to move it forward gents of the University of Minnesota, questions linger. expeditiously.∑ an institution to which he has devoted A recent editorial from the Boston f a lifetime of loyal service in recogni- Globe, ‘‘The Odds Aren’t Worth It,’’ TRIBUTE TO JUDGE GERALD W. tion of its importance to the lives and clearly describes the need for a na- HEANEY welfare of Minnesota citizens. tional study. I as that it be printed in the RECORD. Mr. WELLSTONE. Mr. President, on In 1966, with the support of Senators ∑ The editorial follows: the eve of his 50th wedding anniver- Eugene McCarthy and Walter Mondale, sary, I take this opportunity to pay Vice President Hubert H. Humphrey, [From the Boston Globe, Saturday, City Edition, Nov. 25, 1995] tribute to Judge Gerald W. Heaney, a and congressional representative John distinguished jurist who is beginning A. Blatnik, President Lyndon B. John- THE ODDS AREN’T WORTH IT his 30th year of service on the U.S. son appointed Gerald Heaney to the Gambling tempts high-rolling risk-takers, Court of Appeals for the Eighth Cir- Eighth Circuit of Appeals. Former Vice it tempts the luckless with little to lose, and President Walter Mondale said of it tempts politicians. Since Atlantic City cuit. Although Judge Heaney assumed mortgaged Boardwalk to the chance industry senior status on December 31, 1988, he Judge Heaney: ‘‘I have served many 18 years ago, legalized gambling has ex- continues to handle an impressive years in public life and one of the best panded with amazing speed. Where once workload, bringing to each case the things I did was to support the nomina- there were only two states that allowed or same unyielding compassion, fairness, tion of Gerald W. Heaney to be a Cir- sponsored gambling, now there are only and sense of justice that has marked cuit Judge for the Eighth Circuit.’’ two—Utah and Hawaii—that don’t. his tenure on the bench since his ap- In the past few weeks, however, what had Since his appointment, Judge Heaney seemed an inexorable acceleration has sud- pointment on December 1, 1966. has authored over 2,000 judicial opin- Gerald Heaney was born on January denly slowed to a trickle as voters and public ions in which he has demonstrated officials across the country have fastened on 29, 1918, in Goodhue, MN, a rural com- leadership in many different and com- gambling’s dubious benefits and hidden munity in the southeastern part of the plex areas of law including school de- costs. State. In that productive farming com- segregation, civil rights, employment Last week the Connecticut Senate rejected munity, he learned the values of close Gov. June Rowland’s plans for a mammoth discrimination, Social Security disabil- family, honesty, and hard work: quali- casino in Bridgeport. What had seemed a ity cases, criminal law, labor relations, ties that have distinguished his public done deal was undone. In Maryland, a study first amendment jurisprudence, and service. Judge Heaney received his un- commission recommended against increased commercial litigation. These opinions dergraduate education at the College of gambling there, and most politicians agreed. evidence Judge Heaney’s guiding prin- On election day this month, voters in Wash- St. Thomas and his law degree from ciple: All persons—regardless of race, ington state and Jefferson City, Mo., killed the University of Minnesota in 1941. proposals to expand gambling, and voters in At the outbreak of World War II, Ger- color, or creed—are entitled to equal protection under the law. At the un- three Massachusetts communities rejected ald Heaney enlisted in the U.S. Army. casinos; only New Bedford voted yes. Serving with the distinguished 2d veiling of his portrait at the Federal Now Congress is considering proposals to Ranger Infantry Battalion, his extraor- courthouse in St. Paul, MN, Judge set up a national study commission that dinary bravery in the Battle of La Heaney commented on the challenges would examine the history of legalized gam- Pointe du Hoc during the D-day land- facing our society and those in public bling, explore the tradeoffs and provide cred- service, ‘‘It has been no simple task to ible data on which states and municipalities ing at Normandy earned him the Silver could make their own choices. The chief Star. He was also decorated with the preserve freedom, and it will not be simple in the future. Every democracy sponsors are Sen. Paul Simon of Illinois, a Bronze Star and five battle stars before Democrat, and Rep. Frank Wolf of Virginia, he was honorably discharged with the is fragile. It needs our constant and un- a Republican. President Clinton and Sen. rank of captain on January 18, 1946. wavering support. This is the task to Dick Lugar of Indiana, a Republican seeking At the end of World War II, Judge which we must all rededicate our- to challenge Clinton, both support it. Wolf Heaney married Eleanor Schmitt. Of selves.’’ believes that the commission will be ap- proved, possibly before Christmas. his wife, Judge Heaney recently said, Judge Heaney continues to leave his ‘‘I am fortunate to have married Elea- It should be. What is needed most urgently mark on the landscape of the law in is a sober study that will sort out the con- nor. She has been the love of my life this country. As his colleague, Judge flicting claims—not only the moral argu- and my friend, my companion. She has Donald P. Lay, former chief judge of ments but also the actual economic and so- brought stability to me, to our chil- the Eighth Circuit Court of Appeals, cial effects. dren, and to our grandchildren.’’ In De- has said, Clearly, many people like to gamble. In cember of this year, Gerald and Elea- Mississippi, which has had a no-limits atti- nor Heaney celebrate their 50th wed- In my judgment he is the most outstanding tude since 1992, a gaming publication esti- ding anniversary by renewing their judge ever to serve, not only on the Eighth mated that $29.7 billion was wagered in wedding vows at the College of Saint Circuit but throughout the United States, in 1994—an amazing $2.1 billion more than the the last 25 years. He is the most well-pre- state’s total taxable retail sales. The phe- Scholastic Chapel in Duluth, MN. pared judge in the circuit. His industry and nomenal growth of the Foxwoods casino in Judge Heaney began his legal career dedication to law are unparalleled. His com- Connecticut hints at the demand that might with the firm of Lewis, Hammer, passion and understanding of human prob- be tapped. Heaney, Weyl & Halverson. During his lems is unique. He is a scholar and true gen- Yet what are the economics of gambling? 20 years of private practice, Gerald tleman in all respects.∑ It is an industry that creates no wealth but