February 23, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E243 EXTENSIONS OF REMARKS

INTRODUCTION OF THE YEAR 2000 will be compensable. Claims brought by indi- companies that want to ensure their Y2K read- READINESS AND RESPONSIBIL- viduals or businesses based on personal in- iness but simply lack the financial resources to ITY ACT jury are outside the scope of this legislation. undertake remediation, the Year 2000 Readi- Further, the Act creates a prefiling notifica- ness and Responsibility Act will give them ac- HON. THOMAS M. DAVIS tion period intended to encourage potential cess to necessary funding. It will also give OF VIRGINIA plaintiffs and defendants to work together to small businesses limited regulatory relief if they fail to comply with federal regulations as IN THE HOUSE OF REPRESENTATIVES reach a solution before they reach the court- room. The prefiling notification period requires a result of a Y2K, so long as the businesses Tuesday, February 23, 1999 potential plaintiffs to give written notice identi- noncompliance was not done in bad faith. Mr. DAVIS of Virginia. Mr. Speaker, I rise fying their Y2K concerns and provide potential Since 1996, there have been over 50 bipar- today to announce the introduction of the Year defendants with an opportunity to fix the Y2K tisan hearings in the Congress examining a 2000 Readiness and Responsibility Act, bipar- problem outside of the courtroom. After receipt wide-ranging array of issues that are directly tisan legislation that is critical to our Nation's of this notice, the potential defendant would related to the Y2K challenge that is facing our readiness for the Year 2000 Millennium Bug have 30 days to respond to the plaintiff, stat- global economy. We have listened to consum- and critical to the competitiveness of the U.S. ing what actions will be taken to fix the prob- ers and to industry. And what we have con- economy. lem. At that point, the potential defendant has sistently heard is that small and large busi- I, along with my distinguished colleagues, 60 days to remedy the problem. If the defend- nesses are eager to solve the Y2K problem. Yet many are not doing so, primarily because Congressman MORAN from Virginia, Congress- ant fails to take responsibility for the failure at of the fear of liability and lawsuits. The poten- men DREIER, COX, and DOOLEY from Califor- the end of the 30-day period, the potential tial for excessive litigation and the negative nia, and Congressman CRAMER from Alabama, plaintiff can file a Year 2000 action imme- impact on targeted industries are already di- have crafted a bipartisan bill critical to ensur- diately. If the injured party is not satisfied once verting precious resources that could other- ing that precious resources are used to fix the the 60 days have passed, he or she still re- wise be used to help fix the Y2K problem. The Year 2000 (Y2K) problem and thus will protect tains the right to file a lawsuit. There are also Year 2000 Readiness and Responsibility Act Americans and our economy for the new mil- provisions encouraging alternative dispute res- aims to eliminate those fears and hasten the lennium. As all of us have learned in the past olution. As a result, we expect that there will repair of Y2K problems while we still have few years, the Year 2000 computer problem is be more attention given to Y2K remediation time to resolve them. a result of a decision made in the 1960s by and an elimination of many Y2K lawsuits. For this reason, I look forward to working computer programmers to design software that Also included are provisions that apply a with my colleagues on both sides of the aisle recognized only the last two digits rather than proportionate liability standard to damages as well as with the Administration to achieve the full four digits of dates in order to conserve caused by multiple actors, some of whom may passage of this legislation. I hope that all of precious computer memory. When the clock not necessarily be parties to a Year 2000 ac- my colleagues will join us in cosponsoring this turns from December 31, 1999 to January 1, tion. A defendant found to be only 5 percent critical measure. 2000, some computers will interpret ``00'' to liable in causing a Year 2000 problem would f mean that the date is 1900 rather than 2000. only be responsible for 5 percent of the dam- With dates being critical to almost every layer ages, not 100 percent liable. IN HONOR OF RUTGERS LAW MI- of our economy and across vast numbers of We also fulfill our first objective by minimiz- NORITY STUDENT INTERNSHIP industries, systems that are noncompliant will ing the opportunities for those who would ex- PROGRAM disrupt the free flow of information that forms ploit the unknown value of potential Y2K fail- the underpinnings of our Nation's economy. ures and pursue litigation as a first resort rath- HON. ROBERT MENENDEZ These are indeed unique circumstances that er than permit the parties to resolve problems. OF NEW JERSEY require Congress to tackle the obstacles that This bill contains provisions that will make IN THE HOUSE OF REPRESENTATIVES are currently discouraging businesses from sure that businesses are confident that they Tuesday, February 23, 1999 addressing the Y2K problem and ultimately can spend their dollars fixing the Y2K problem Mr. MENENDEZ. Mr. Speaker, I would like harming consumers. At the outset, the Year rather than reserving those dollars for costly to take this opportunity to congratulate the Mi- 2000 Readiness and Responsibility Act will lawsuits that will increase costs for consum- nority Student Program (MSP) at Rutgers continue the efforts which we initiated with the ers, push small innovative businesses into ex- School of Law-Newark for the 15th Anniver- Administration in the 105th Congress through tinction, and endanger and in some instances sary of its Summer Internship Program. Since the passage of the Year 2000 Information and eliminate many American jobs. The bill grants 1984, the MSP has matched over 200 talented Readiness Disclosure Act that furnished the original jurisdiction to Federal district courts for young students with prestigious employers. first steps toward facilitating Year 2K remedi- any Year 2000 class action where certain di- The law school historically has attracted stu- ation and testing. versity requirements are met. Punitive dam- dents who want to make a difference in the The Year 2000 Readiness and Responsibil- ages in a Year 2000 action are capped at world in which they live. These students rep- ity Act has 2 main objectives. The first is to $250,000 or 3 times the amount of actual resent numerous ethnic groups and nationali- implement a reform framework designed to damages, whichever is greater. For busi- ties, but are united in their desire to pursue a encourage a fair, fast and predictable mecha- nesses with fewer than 25 employees, includ- career in the legal profession. nism for both plaintiffs and defendants for re- ing state and local government units, or indi- The MSP's Summer Internship Program has solving Y2K disputes, such that litigation will viduals whose net worth is no greater than been an essential step in translating a quality become the avenue of last resort rather than $500,000, punitive damages are capped at the education in the law into employment opportu- the first option for settling disputes. While it is lesser of $250,000 or 3 times the amount of nities for students. These internships help stu- estimated that American businesses have actual damages. Attorney's fees are also dents develop skills, make contacts, and earn poured hundreds of billions of dollars into capped at $1,000 per hour and detailed attor- the money necessary to pay for law school. In making the transition to the Year 2000, the ney disclosure requirements are included to addition, the program provides employers ac- simple reality is that some problems will go ensure that clients are kept informed of the cess to a pool of promising potential employ- unresolved because of a fear of litigation. A progress and expense of their cases. ees. Graduates now make important social basic premise of the bill is that contracts be- Our second principle objective is to provide and political contributions to their community tween suppliers and users will be fully en- assistance to small businesses and their em- as judges, presidential appointees, law profes- forceable in a court of law. All economic ployees by allowing them to access up to sors, and prominent members of the bar. losses suffered by an individual or business as $50,000 under the Small Business Administra- It is an honor and a pleasure to be part of a result of a Year 2000 failure, provided that tion 7(A) Loan Guaranty Program for Y2K re- this celebration and to recognize the dedica- their duty to mitigate damages was fulfilled, pair and testing expenses. For the many small tion and commitment of the Minority Student

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E244 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 Program at Rutgers School of Law-Newark. I For 23 years, Rule 30 of the Federal Rules hesitation that I have rarely met anyone as am certain that my colleagues will join me in of Civil Procedure permitted the use of non- willing to make the time and effort on behalf paying tribute to this remarkable program. stenographic means to record depositions, but of his community. f only pursuant to court order or the written stip- Joel has made a special point of working ulation of the parties. In December of 1993, tirelessly to improve the economy of Pacoima TRIBUTE TO THE LATE TOM however, the Chief Justice submitted a rec- and surrounding areas. For example, he TAKEHARA ommendation pursuant to the Rules Enabling played an invaluable role in helping my office Act that eliminated the old Rule 30 require- coordinate an international job fair in 1995. It HON. ROBERT T. MATSUI ment of a court order or stipulation. The revi- was Joel who first brought to my attention the OF CALIFORNIA sion also afforded each party the right to ar- need to provide local small businesses with IN THE HOUSE OF REPRESENTATIVES range for recording of a deposition by non- tips on selling their products overseas. At that Tuesday, February 23, 1999 stenographic means. time Joel was President of the Pacoima When representatives of the Judicial Con- Chamber of Commerce, a post he held with Mr. MATSUI. Mr. Speaker, I rise today in ference testified on the subject in 1993, they distinction for several years. tribute to Mr. Tom Takehara of Sacramento, could not provide the Subcommittee on Courts Joel has also served on the Board of Direc- California. A memorial service will be held for and Intellectual Property with a single justifica- tors of San Fernando Valley Economic Alli- him in his hometown. I respectfully ask all of tion for their recommendation. As a result, the ance and is a member of the Minority Busi- my colleagues to join with me in saluting a Subcommittee unanimously approved legisla- ness Opportunity Commission of Los Angeles truly great citizen, father, and friend. tion, H.R. 2814, to prevent implementation of International Trade. He has become a forceful Mr. Takehara founded Takehara Landscape the change. The full House of Representatives advocate for the economic interests of the Inc. which grew to become one of the largest followed suit by passing the bill under suspen- Northeast San Fernando Valley. businesses of its kind in the Sacramento area. sion of the rules on November 3, 1993. To be sure, Joel is involved in a variety of As a landscape contractor, he handled land- It is my understanding that the Senate Judi- organizations, including the Northeast Valley scape duties at many of Northern California's ciary Subcommittee on Courts and Administra- Health Corporation, the NAACP and the Valley most prominent public and private buildings. tive Practice also held hearings on Rule 30 Interfaith Council. He has somehow managed As the past president of the California Land- during the 103rd Congress. I believe the mem- to combine running a successful business scape Contractors Association and an active bers who participated in those hearings re- (Rucker's Mortuary) with many extracurricular Rotary Club member, Mr. Takehara earned a ceived testimony which generated concerns activities. reputation for civic involvement. His member- about the reliability and durability of video or I ask my colleagues to join me in saluting ship in Bocho Doshi Kai and Wakayama audio tape alternatives to stenographic deposi- Joel Rucker, a deeply spiritual man who has Kenjin Kai, two Japanese American heritage tions. Then and since, court reporters have dedicated his life to community service. His organizations, is especially noteworthy. complained of increased difficulty in identifying selflessness and sense of public duty inspire Having grown up on a farm in Sacramento speakers, deciphering unintelligible passages, us all. County, Mr. Takehara was well-versed in the and reconstructing accurate testimony from f strong work ethic associated with agriculture in ``blank'' passages when relying on mechanical Northern California. He was known for always recordings. In contrast, information was also IN HONOR OF PETER BERRIO, DIS- working hard to build a successful business submitted at this time which suggested that TINGUISHED COLOMBIAN—AMER- and to provide for his loving family. the stenographic method will become even ICAN VETERAN During World War II, Mr. Takehara was forc- more cost-effective in the future as a result of ibly interned with thousands of other Japanese improvements in recording technology. HON. ROBERT MENENDEZ Americans. Yet this social and legal injustice These findings from the 103rd Congress OF NEW JERSEY never prevented him for excelling in his cho- were confirmed in the 104th when the Sub- IN THE HOUSE OF REPRESENTATIVES sen professional pursuits. committee on Courts and Intellectual Property Tuesday, February 23, 1999 As a successful entrepreneur, he started a again conducted its own hearing on H.R. variety of enterprises before founding his own 1445, the precursor to the bill I am introducing Mr. MENENDEZ. Mr. Speaker, I rise today landscape construction business in Sac- today; and later, when the Committee on the to recognize Peter Anthony Berrio for his cou- ramento. Yet commerce wasn't Mr. Takehara's Judiciary reported H.R. 1445 to the full House. rageous service on behalf of the United States sole focus. Mr. Speaker, I have never entirely under- during World War II. Mr. Berrio, the oldest sur- Family was also a major force in the life of stood why Rule 30 was changed in the first viving Colombian-American WWII veteran, Tom Takehara. He was married to his wife place. Like many others, I have found that ex- was honored on November 19 by the governor Toshi for 51 years. They had three children: perience is the best teacher; and it has been of Quindo, in the city of Armenia, Colombia, Brian, Walton, and Denise. He is also survived my experience that no one in my district was Peter Berrio's place of birth. Unfortunately, I by seven grandchildren. displeased with the application of the law prior was unable to attend this event, but a rep- Mr. Speaker, Tom Takehara led a unique to 1993. I visit my district frequently and main- resentative of the U.S. Embassy in Colombia life in Northern California. He will be remem- tain good relations with members of the bench was there on behalf of all Americans thankful bered as a loving family man, successful en- and bar, and not one attorney or judge ever for Mr. Berrio's distinguished service. trepreneur, and a great citizen of Sacramento. complained about the operation of Rule 30 to Peter Berrio moved to the United States I ask all of my colleagues to join with me in me before 1993. from Colombia in 1929 and served in the U.S. remembering him as he is eulogized today. I am pleased to continue my ongoing sup- Army Air Force from 1942 to 1946, both in the f port for reinstating the pre-1993 law on Rule Far East and in Europe. Mr. Berrio served as 30 by sponsoring this bill. a gunner, and he also served as a ``military RULE 30 OF THE FEDERAL RULES f mayor'' in Italy after the war. By the time he OF CIVIL PROCEDURE AND RES- left the service, he had reached the rank of TORATION OF THE STENO- TRIBUTE TO JOEL RUCKER Sergeant and received the Good Conduct GRAPHIC PREFERENCE Medal, World War II Victory Medal, and the HON. HOWARD L. BERMAN Asiatic Pacific Campaign Medal. In 1951, HON. HOWARD COBLE OF CALIFORNIA Peter Berrio moved back to Colombia where OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES he continues to live today. IN THE HOUSE OF REPRESENTATIVES It is important for us to remember the sac- Tuesday, February 23, 1999 rifices made by our elders in the fight for free- Tuesday, February 23, 1999 Mr. BERMAN. Mr. Speaker, I rise today to dom during WWII. The war was the defining Mr. COBLE. Mr. Speaker, I rise to introduce pay tribute to Joel Rucker, a good friend of event of the 20th century. Over 400,000 of our legislation that will restore the stenographic many years and a man who cares deeply brave soldiers died during their service in preference for depositions taken in federal about the future of the Northeast San Fer- WWII and millions more willingly put their lives court proceedings. This bill is identical to legis- nando Valley. During the time I have known on the line for their country. lation which I sponsored last term; and is simi- Joel, I have had many opportunities to see I was both honored and touched to receive lar to a bill authored by Senator GRASSLEY firsthand his extraordinary dedication to the a letter from Edison Berrio, Mr. Berrio's son, during the 105th Congress. causes in which he believes. I can say without about his father's accomplishments. I am CONGRESSIONAL RECORD — Extensions of Remarks E245 proud to be able to honor Peter Berrio's brave very short time, satellite carriers will be able to SECTION 2. LIMITATIONS ON EXCLUSIVE RIGHTS; service, and I am also proud of Edison Berrio bring local programming through their services SECONDARY TRANSMISSIONS BY SATELLITE for remembering his roots and recognizing his to viewers of that local market. The time has CARRIERS WITHIN LOCAL MARKETS father's impressive legacy. Edison is President come to take a comprehensive look at the sat- Section 2 of the bill creates a new copy- of the New York and New Jersey Chapter of ellite compulsory license as it relates to the right compulsory license, found at Section 122 of Title 17 of the United States Code, for the Colombia National Coalition. long-term viability and competitiveness of the the retransmission of television broadcast I am sure I speak for the entire Congress satellite television industry. The satellite com- programming by satellite carriers to sub- when I say we are all deeply indebted to Peter pulsory license is set to sunset in December scribers located within the local markets of Berrio and the millions of other WWII veterans of this year, and the Federal Communications those stations. In order to be eligible for this who fought so that we can enjoy the liberty, Commission has reported time and again that compulsory license, a satellite carrier must freedom, and prosperity we have as a nation in areas where there is no competition to be in full compliance with all applicable today. cable, consumers are paying higher cable rules and regulations of the FCC, including f rates. We must act for our constituents to level any must-carry obligations imposed upon the satellite carrier by the Commission or by the playing field in a manner that will allow INTRODUCTION OF H.R. 768, THE law. both industries to flourish to the benefit of con- Because the copyrighted programming COPYRIGHT COMPULSORY LI- sumers. CENSE IMPROVEMENT ACT contained on local broadcast programming is To that end, the Copyright Compulsory Li- already licensed with the expectation that cense Improvement Act makes the following all viewers in the local market will be able HON. HOWARD COBLE changes to the Satellite Home Viewer Act: to view the programming, the new Section 122 license is a royalty-free license. Satellite OF NORTH CAROLINA It reauthorizes the satellite compulsory li- IN THE HOUSE OF REPRESENTATIVES carriers must, however, provide local broad- cense for five years. casters with lists of their subscribers receiv- Tuesday, February 23, 1999 It allows new satellite customers who have ing local stations so that broadcasters may Mr. COBLE. Mr. Speaker, I am pleased to received a network signal from a cable system verify that satellite carriers are making introduce the Copyright Compulsory License within the past three months to sign up for sat- proper use of the license. The subscriber in- ellite service for those signals. This is not al- formation supplied to broadcasters is for ver- Improvement Act. This bill will improve the ification purposes only, and may not be used copyright compulsory license for satellite car- lowed today. by broadcasters for other reasons. riers of copyrighted programming contained on It provides a discount for the copyright fees Satellite carriers are liable for copyright television broadcast signals by applying to paid by the satellite carriers. infringement and subject to the full rem- such carriers the same opportunities and rules It allows satellite carriers to retransmit a edies of the Copyright Act if they violate one as their cable competitors. This competitive or more of the following requirements of the local television station to households within Section 122 license. parity will lead to increased exposure of copy- that station's local market, just like cable does. righted programming to consumers who will First, satellite carriers may not in any It allows satellite carriers to rebroadcast a way willfully alter the programming con- pay lower prices for cable and satellite serv- national signal of the Public Broadcasting tained on a local broadcast station. Second, ices which deliver programming to their Service. satellite carriers may not use the Section 122 homes. These lower prices will result from the license to retransmit a television broadcast choices consumers will have in choosing how In order to create parity for the above new station to a subscriber located outside the they want their television programming deliv- opportunities for satellite carriers by reforming local market of the station. If a carrier will- ered. Mr. Speaker, I know I speak for many of the license, there must be additional legisla- fully or repeatedly violates this limitation the Members in this House when I assert that tion to create corresponding regulatory parity on a nationwide basis, then the carrier may creating competition in the video delivery mar- between the satellite and cable industries, in- be enjoined from retransmitting that signal. cluding must-carry rules, retransmission con- If the broadcast station involved is a net- ket is the key to more choice and lower prices work station, then the carrier could lose the for our constituents. sent requirements, network non-duplication protection, syndicated exclusitivity protection, right to retransmit any network stations. If This is a very dynamic time for the multi- the willful or repeated violation of the re- channel video marketplace, particularly for the and sports blackout protection. I am commit- striction is performed on a local or regional satellite industry. These satellite compulsory li- ted to working with Representative BILLY TAU- basis, then the right to retransmit the sta- cense is set to expire at the end of this year ZIN, Chairman of the Commerce Subcommit- tion (or, if a network station, then all net- at a time when the industry enjoys a record tee on Telecommunications, Trade and Con- works) can be enjoined on a local or regional number of subscribers. In the meantime, a sumer Protection, and with Representative basis, depending upon the circumstances. In TOM BLILEY, Chairman of the full Commerce addition to termination of service on a na- federal court decision threatens to disconnect tionwide or local or regional basis, statutory hundreds of thousands of satellite customers Committee, on legislation complementary to the provisions contained in this bill. Their lead- damages are available up to $250,000 for each from their distant network signals. Additionally, six-month period during which the pattern several other legislative restrictions still pre- ership and partnership has been and will con- or practice of violations was carried out. vent the satellite industry from competing with tinue to be invaluable and necessary in guar- Satellite carriers have the burden of proving the cable television industry on an even play- anteeing true competition between the satellite that they are not improperly making use of ing field. and cable industries. the Section 122 license to serve subscribers The Copyright Act of 1976 bestowed on I also want to recognize the leadership and outside the local markets of the television broadcast stations they are providing. cable television a permanent compulsory li- care that Senator ORRIN HATCH, Chairman of the Senate Committee on the Judiciary, has The Section 122 license is not limited to cense which enables that industry to rebroad- private home viewing, as is the Section 119 cast network and superstation signals to cable paid to the development of this important bill. compulsory license, so that satellite carriers television viewers without requiring cable oper- We have worked together closely on its provi- may use it to serve commercial establish- ators to receive the authorization of thousands sions and I know he is committed, as I am, to ments as well as homes. The local market of of copyright owners who have an exclusive assuring fair competition through this legisla- a television broadcast station for purposes of right to authorize the exploitation of their pro- tion. I look forward to continuing our work to- the Section 122 license will be defined by the grams. The cable operators pay a set fee for gether as our bills move through both bodies FCC as part of its broadcast carriage rules for satellite carriers. the right to retransmit and the monies col- of the Congress. lected are paid to the copyright owners Let me make clear that this bill is a com- SECTION 3. EXTENSION OF EFFECT OF AMEND- MENTS TO SECTION 119 OF TITLE 17, UNITED through a distribution proceeding conducted promise, carefully balanced to ensure competi- STATES CODE under the auspices of the United States Copy- tion. I believe it contains the balance nec- Section 3 of the bill extends the expiration right Office. essary to allow this bill to become law this date of the current Section 119 satellite com- In 1988, Congress granted a compulsory li- session and I urge all interested parties to join pulsory license from December 31, 1999 to De- cense to the satellite industry. Although the us in a constructive discussion of this very im- cember 31, 2004. cable and satellite compulsory licenses have portant legislation. SECTION 4. COMPUTATION OF ROYALTY FEES FOR similarities, there are important differences SATELLITE CARRIERS SECTION-BY-SECTION which I believe prevent satellite from becom- Section 4 of the bill reduces the 27-cent SECTION 1. TITLE ing a true competitor to cable. Technology has royalty fee adopted last year by the Librar- changed significantly since the cable and sat- The title of the bill is the ‘‘Copyright Com- ian of Congress for the retransmission of net- ellite compulsory licenses were created. In a pulsory License Improvement Act.’’ work and superstation signals by satellite E246 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 carriers under the Section 119 license. The of my colleagues to join with me in saluting his have stepped in where government cannotÐ 27-cent rate for superstations is reduced by 25 years of federal service. or will notÐget involved. It's no exaggeration 30 percent per subscriber per month, and the A graduate of San Francisco State College to say that Dennis has provided a lifeline for 27-cent rate for network stations is reduced in 1965, Mr. Inouye worked as director of the by 45 percent per subscriber per month. people who would otherwise have nowhere In addition, Section 119(c) of Title 17 is San Francisco Boy's Home from 1963 until else to turn. amended to clarify that in royalty distribu- 1965 and served in the U.S. Army Reserves Dennis has made an invaluable contribution tion proceedings conducted under section 802 from 1966 until 1972. to many more community-based organizations of the Copyright Act, the Public Broadcast- In 1974 Mr. Inouye began his career as a in the Northeast San Fernando Valley. Among ing Service (PBS) may act as agent for all federal probation officer. By 1979 he had re- others, he has been active with the San Fer- public television copyright claimants and all ceived his law degree from Lincoln University nando Valley Alcohol Policy Coalition, the San PBS. Law School and been promoted to Super- Fernando Valley Homeless Coalition and Pro- SECTION 5. DEFINITIONS vising U.S. Probation Officer. viders Collaborative of the San Fernando Val- Section 5 of the bill adds a new definition Mr. Inouye's accomplishments in the Proba- ley. to the current Section 119 satellite license. tion Office are numerous. He founded the dis- He is also one of the prime movers behind The ‘‘unserved household’’ definition is trict's firearms program and safety academy. the Hansen Dam Fourth of July Celebration, modified to eliminate the 90 day waiting pe- He was also responsible for guideline sentenc- which in only a few short years has become riod for satellite subscribers who were pre- vious cable subscribers. In other words, Sec- ing training and implementation, as well as a major attraction in the Northeast Valley. tion 5 would not require an individual who helping to establish a national program on en- Dennis has led a rich and interesting life, dropped cable to wait 90 days before receiv- hanced supervision. which includes raising a daughter, who now ing their network signals via satellite. One of the cornerstones of Mr. Inouye's ca- teaches school, and two sons who are officers SECTION 6. PUBLIC BROADCASTING SERVICE reer was his significant contributions working with the Los Angeles Police Department. He SATELLITE FEED with the Federal Judicial Center, which in- also served with the U.S. Army in Vietnam, re- Section 6 of the bill extends the Section 119 cluded teaching, facilitating curriculum devel- ceiving an honorable discharge, and worked license to cover the copyrighted program- opment, advising, training, and video produc- for 15 years as a motion picture camera tech- ming carried upon the PBS national satellite tion. nician in the film and television industries. feed. The national satellite feed is treated as As his career progressed, Mr. Inouye was I ask my colleagues to join me in saluting a superstation for compulsory license pur- promoted again in 1992 and became involved Dennis O'Sullivan, a man who cares deeply poses. Also, the bill requires PBS to certify in the New Officer Orientation program. He about his community. His generosity of spirit to the Copyright Office on an annual basis that the PBS membership continues to sup- also served as a facilitator of the Federal Judi- and dedication to public service are an inspira- port retransmission of the national satellite cial Center's System Impact Seminars. tion to us all. feed under the Section 119 license. In December 1997, Mr. Inouye's many years f SECTION 7. NOTICE TO SUBSCRIBERS of exemplary federal service were recognized when he received the Richard F. Doyle Award. IN RECOGNITION OF MRS. GLENNA Section 7 of the bill requires a satellite GOODACRE carrier to ensure that each subscriber has This award was established by the Federal been provided a written statement describing Probation and Pretrial Services Officers Asso- and quoting the network territorial restric- ciation for outstanding work throughout a ca- HON. LARRY COMBEST tions of the Act. The statement should detail reer. OF TEXAS the circumstances under which a subscriber His award nomination at that time stated, IN THE HOUSE OF REPRESENTATIVES may not be eligible for satellite service of a ``Art is a national treasure whose hard work, Tuesday, February 23, 1999 particular network signal. Current subscrib- dedication, and unique qualities have touched ers should receive this statement within 60 virtually every employee of Federal Probation Mr. COMBEST. Mr. Speaker, it is my dis- days of enactment. tinct privilege to rise today to honor one of The purpose of this provision is to clarify and Pretrial Services nationwide. .. .'' for the customer exactly what the law means Mr. Speaker, I ask all of my colleagues to Texas', and our nation's, most accomplished pertaining to the eligibility for distant net- join with me in saying ``thank you'' to Art M. artists, Glenna Goodacre, on her commenda- work signals. Time and again customers Inouye for 25 years of outstanding service to tion as the 1999 College of Human Sciences complain that they were not made aware the U.S. Probation Office. I am honored to Distinguished Leader by Texas Tech Univer- that there was any prohibition on the recep- wish him every success in all of his future en- sity. tion of distant network signals, or that they deavors. A native of Lubbock, Texas, Mrs. Goodacre were not made aware of restrictions upon re- f is perhaps best known for her work as the ceiving notice that their distant network sculptor of the Vietnam Women's Memorial at signals were being terminated. TRIBUTE TO DENNIS O’SULLIVAN the Vietnam ``Wall'' in Washington, D.C. Since SECTION 8. APPLICATION OF FEDERAL its installation on the Mall in 1993, her bronze COMMUNICATIONS COMMISSION REGULATIONS HON. HOWARD L. BERMAN depiction of nurses tending a wounded soldier Section 8 of the bill amends the current has been appreciated by millions of visitors to Section 119 license to make it contingent OF CALIFORNIA upon full compliance with all rules and regu- IN THE HOUSE OF REPRESENTATIVES our nation's capital. For more than twenty years before creating the women's memorial, lations of the FCC. This provision mirrors Tuesday, February 23, 1999 the requirement imposed upon cable opera- she was well known and respected for her tors under the cable compulsory license. Mr. BERMAN. Mr. Speaker, I rise today to sculptural figures, especially her interesting SECTION 9. EFFECTIVE DATE pay tribute to my good friend Dennis compositions of active children, which con- The amendments made by this bill become O'Sullivan, who has recently completed a tinue to be her favorite subjects. Glenna also effective on January 1, 1999, with the excep- highly successful term as President of the Sun enjoyed a successful career as a painter for tion of Section 4 which becomes effective on Valley Chamber of Commerce. Throughout his many years before creating her first three di- July 1, 1999. tenure, Dennis has worked tirelessly and with mensional work. f considerable success to promote the eco- Glenna Goodacre's pieces are in numerous nomic interests of Sun Valley. Dennis has a private, corporate, national and international TRIBUTE TO ART M. INOUYE warm and winning manner that invariably collections. She has more than 40 bronze por- brings people over to his side. I know I've en- traits in public collections, including sculptures HON. ROBERT T. MATSUI joyed immensely working with him on numer- of Dwight D. Eisenhower, Barbara Jordon, OF CALIFORNIA ous occasions. General Henry ``Hap'' Arnold, and Katherine IN THE HOUSE OF REPRESENTATIVES Dennis is that rare person equally at ease Anne Porter. Her bronze sculpture of Presi- working on business and community issues. In dent Ronald Reagan stands nearly eight feet Tuesday, February 23, 1999 addition to his involvement with the Sun Valley tall and graces both the Reagan Presidential Mr. MATSUI. Mr. Speaker, I am honored to Chamber, for the past several years he has Library and the National Cowboy Hall of rise in tribute to Mr. Art M. Inouye, Supervising served in the position of Program Director for Fame. In 1998, Mrs. Goodacre was selected United States Probation Officer in the District People In Progress, Inc. In that capacity, Den- by the U.S. Mint as one of only a handful of Court for the Eastern District of California. nis has established programs to assist the artists to submit designs for a new Sacagawea Today, as Mr. Inouye marks his retirement homeless and indigent who suffer alcohol and dollar coin for the year 2000. Her portrayal of with his many friends and co-workers, I ask all drug dependencies. He and his organization Sacagawea with her infant son was chosen, CONGRESSIONAL RECORD — Extensions of Remarks E247 by popular demand, to be featured on the ob- THE DEFENSE JOBS AND TRADE fense and non-defense companies on the verse of the coin. She was also selected as PROMOTION ACT OF 1999 same footing would encourage defense ex- the winning sculptor for the proposed Irish ports that would promote standardization and Famine Memorial to be installed in downtown HON. SAM JOHNSON interoperability of equipment among our allies. Philadelphia some time after the year 2000. It also could result in a decrease in the cost OF TEXAS of defense products to the Department of De- Her work is widely exhibited and has won IN THE HOUSE OF REPRESENTATIVES awards from both the National Sculpture Soci- fense.'' My legislation supports the DoD rec- ety and the National Academy of Design. She Tuesday, February 23, 1999 ommendation and calls for the repeal of this was named an American Art Master by Amer- Mr. SAM JOHNSON of Texas. Mr. Speaker, counterproductive tax provision. ican Artist Magazine and has also received an today I have introduced legislation, H.R.Ð, The recent decision to transfer jurisdiction of Honorary Doctorate of Humane Letters from that will eliminate a provision of the tax code, commercial satellites from the Commerce De- her alma mater, Colorado College as well as which severely discriminates against United partment to the State Department highlights an Honorary Doctorate of Fine Arts from States exporters of defense products. My bill, the capriciousness of section 923(a)(5). When Texas Tech University. entitled ``The Defense Jobs and Trade Pro- the Commerce Department regulated the ex- Knowing Glenna and having visited her stu- motion Act of 1999'' will help our nation's de- port of commercial satellites, the satellite man- dios in Santa Fe, New Mexico, I am certain fense contractors improve their international ufacturers received the full FSC benefit. When this latest honor will hold a special place in competitiveness, protect our defense industrial the Congress transferred export control juris- her heart. It is my great privilege to recognize base, and insure that American defense work- diction to the State Department, the same sat- Glenna Goodacre for this achievement and ersÐwho have already had to adjust to sharp- ellites, built in the same factory, by the same the outstanding contributions she continues to ly declining defense budgetsÐdo not see their hard working men and women, no longer re- make through her art. jobs lost to overseas competitors because of ceived the same tax benefit. Because these a harmful quirk in our own tax law. satellites are now classified as munitions, they f The Internal Revenue Code allows U.S. receive 50 percent less of a FSC benefit than companies to establish Foreign Sales Cor- before. This absurd result demonstrates that IN HONOR OF THE GRAND RE- porations (FSCs), under which they can ex- the tax code is not that correct place to imple- OPENING OF THE NEW JERSEY empt from U.S. taxation a portion of their ment our foreign policy. The administration ARYA SAMAJ MANDIR earnings from foreign sales. This provision is has agreed that Congress should take action designed to help U.S. firms compete against to correct this inequity as it applies to sat- HON. ROBERT MENENDEZ companies in other countries that rely on ellites. My legislation would not only correct value-added taxes (VATs) rather than on cor- the satellite problem, but it would also ensure OF NEW JERSEY porate income taxes. When products are ex- that all U.S. exports are treated in the same ported from such countries, the VAT is re- IN THE HOUSE OF REPRESENTATIVES manner under the FSC. bated to these foreign companies, effectively Tuesday, February 23, 1999 lowering their prices. U.S. companies, in con- The Department of Defense is not the only entity that has commented publicly about this Mr. MENENDEZ. Mr. Speaker, I rise today trast, must charge relatively higher prices in provision. A December 1998 joint project of in honor of the grand reopening of the New order to obtain a reasonable net profit after the Lexington Institute and The Institute for Jersey Arya Samaj Mandir in Jersey City. This taxes have been paid. By permitting a share Policy Innovation entitled ``Out of Control: Ten vital organization has served the educational, of the profits derived from exports to be ex- Case Studies in Regulatory Abuse'' included cultural, religious, and social needs of the cluded from corporate incomes taxes, the FSC an article by Loren B. Thompson about the Hindu community in Hudson and Essex Coun- allows U.S. companies to compete with our FSC. The article is aptly titled ``26 U.S.C. ties since 1988. international competitors who pay no taxes. In 1976, Congress added section 923(a)(5) 923(a)(5): Bad for Trade, Bad for Security, Today's youth face so many more dangers to the tax code. This provision reduced the and Fundamentally Unfair'' highlights the and have so many more opportunities than the FSC tax benefits for defense products to 50 many problems of this unfair tax provision. I children of a generation ago. It is important for percent, while retaining the full benefits for all call your attention to one issue the article ad- our children to have places to learn about their other products. The questionable rationale for dresses that I have not yet raisedÐthe real culture, their heritage, and develop their own this discriminatory treatment, that U.S. de- reason the Congress enacted this provision in value systems. Pandit Suresh N. Sugrim, fense exports faced little competition, clearly 1976. The author, Loren B. Thompson, argues founder of the New Jersey Arya Samaj no longer exists. Whatever the veracity of that that Congress' decision to limit the FSC bene- Mandir, recognizes that in order to be pre- premise 25 years ago, today military exports fit for military exports was not based on sound pared for the next century our children need are subject to fierce international competition analysis of tax law, but on the general anti- more than just wage-earning skills, but they in every area. Twenty-five years ago, roughly military climate that pervaded this country in also need to learn the value our cultural and one-half of all the nations purchasing defense the mid 1970's. As Mr. Thompson writes, Con- religious centers are built upon. products benefited from U.S. military assist- gress enacted section 923(a)(5), ``to punish The New Jersey Arya Samaj Mandir pro- ance. Today, U.S. military assistance has weapons makers . . . . Section 923(a)(5) was vides Hindu immigrants important ties to their been sharply curtailed and is essentially lim- simply one of many manifestations of Con- heritage, while at the same time helping their ited to two countries. Moreover, with the sharp gressional antimilitarism during that period.'' community. As a member of the East Cultural decline in the defense budget over the past Times have changed since this provision Clergy Association, the Samaj has also made decade, exports of defense products have be- was enacted. This provision makes little sense great strides in building relationships with come ever more critical to maintaining a viable from a tax policy perspective. No valid eco- many of the other religious and cultural com- U.S defense industrial base. For example, of nomic or policy reason exists for continuing a munities in the area. For instance, when Rev- the three fighter aircraft under production in tax policy that discriminates against a particu- erend William Barnett was injured by several this country, two are dependent on foreign lar class of manufactured products. The legis- gunshot wounds, Pandit Suresh N. Sugrim customers; the same is true for 1MA1 tank, lation I am introducing today is a small step participated in a vigil to show solidarity with which must compete with several foreign tank the surrounding community. manufacturers. this Congress can take to improve our military and strengthen our defense industrial base. I will be unable to attend the grand reopen- The Department of Defense supports repeal ing myself, but I am sure I speak for the entire of this provision. In an August 26, 1998 letter, I urge my colleagues to join me in repealing Congress when I say that as a nation we owe Deputy Secretary of Defense, John Hamre this part of the tax code in order to provide fair a tremendous debt to the work of cultural and wrote Treasury Secretary Rubin about the and equal treatment to our defense industry religious centers such as the New Jersey Arya FSC. Hamre wrote ``The Department of De- and its workers, and to enable our defense Samaj Mandir. So, I congratulate them on fense (DoD) supports extending the full bene- companies to compete more successfully in their reopening and wish them continued good fits of the FSC exemption to defense export- the increasingly challenging international mar- fortune. ers. . . . I believe, however, that putting de- ket. E248 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 H.R. 780, THE PASSENGER ENTI- many seats as possible are sold on their sity.'' The Department of Transportation's ac- TLEMENT AND COMPETITION EN- flights. Often, ticket holders do not show and tion under this authority stands to be im- HANCEMENT ACT carriers can maximize their revenue by having proved. The federal government should do its properly predicted how many seats it can job to expeditiously help the public. HON. JOHN D. DINGELL overbook to fill in this gap. While this may be The Secretary of the Department of Trans- OF MICHIGAN an intelligent practice for an airline, from time portation should take real action to advance IN THE HOUSE OF REPRESENTATIVES to time it can tremendously inconvenience a the pro-competition policy objectives of the Tuesday, February 23, 1999 ticket holder when the airline guesses wrongly. Congress. That action includes ensuring that Too many seats are sold, and the passengers the Department of Transportation's guidelines, Mr. DINGELL. Mr. Speaker, today I rise to are all there to fly to their destinations as which it is currently developing to deal with introduce H.R. 780, the ``Passenger Entitle- promised. In this situation, some cannot fly predatory activity, are effective. And the Con- ment and Competition Enhancement Act of and must be ``bumped.'' gress ought not seek to delay the implementa- 1999.'' My legislation would simplify the current tion of a reasoned and appropriate rule- This legislation has two purposes. First, it bumping regulations. Should a passenger be will give airline passengers the rights they de- making. As proposed, the guidelines would involuntarily denied boardin, the air carrier permit the Secretary to impose sanctions if a serve and have been calling for. Second, it will would not be absolved of its responsibility to protect the American public from harmful, anti- major carrier should respond to a new entrant carry the passenger to the passenger's final competitive market concentration in the airline into a market in an unfair or exclusionary man- destination. Further, if the scheduled arrival industry. With monopolized routes and unprec- ner. More tools are needed and this bill pro- time of the alternate transportation is not with- edented levels of market concentration, airline vides them. in two hours of the originally scheduled arrival profits have soared at the expense of consum- The bill would permit the Secretary to fine time, then the airline must also provide af- ers' checkbooks, comfort, and convenience. any air carrier deemed to be engaged in an The first title of my bill is all about pas- fected passengers with a voucher or refund unfair method of competition or unfair exclu- senger protections. Recently, due to complica- equal in value to the original price paid by the sionary practice. Such a tool should give a tions involving bad weather and a severe lack passenger for the original flight. carrier pause for thought before implementing Without this legislation, passengers rights of planning, thousands of passengers were any activity that would unfairly respond to le- are woefully lacking. Passengers also need to stranded onboard aircraft at Detroit Metropoli- gitimate competition. The bill would increase tan Airport for intolerable lengths of time. be advised of their rights, and good airlines the monetary penalty for such unfair methods Many of these passengers were detained on should endorse this idea. Under the legisla- of competition under the U.S. Code from the the tarmac for seven, eight, or nine hours. tion, the Secretary of Transportation would be current $1,000 to $10,000 for each day the They ran out of food and water, and the rest- required to establish a statement that outlines violation continues or, if applicable, for each room facilities became unusable. Situations the consumer rights of air passengers, includ- flight involving the violation. ing the rights contained in the bill. Each air like this can pose major obstacles to emer- Further obstacles to competition arise from carrier would be required to provide the state- gency medical treatment and cause serious the fact that at the four slot-controlled or high- ment to each passenger along with its existing anxiety among the passengers and their fami- density airports, the vast majority of the onboard seat-back safety placard and ticketing lies. scheduled take off and landing slots are con- materials. The statement would also be con- This bill would require all airlines to have an trolled by the major carriers at these key hub emergency plan on record with the Depart- spicuously posted at all ticket counters. The second title of my bill concerns com- airports. The airports are: New York's Ken- ment of Transportation to ensure that, in the nedy and LaGuardia airports; Chicago's event of an emergency, all boarded pas- petition in the airline industry. Competition can increase consumer choice, lower price, and O'Hare; and Washington's National airport. sengers would have access to all necessary For meaningful competition to develop, new services and conditions. Also, the plan should improve customer satisfaction. Many will note that there is growing public interest and con- entrant carriers must have a real opportunity outline the means to deplane the passengers to provide service in those markets. Of the safely. Failure to have such a plan on file cern over the issue of predatory conduct by major air carriers. Such practices eliminate more than 3,100 domestic air carrier slots at would result in the suspension of the carrier's these four airports, fewer than forty-five slots license. Also, violations of the emergency plan competition in the air travel industry and cre- ate formidable barriers for entrepreneurs to are held by all the new entrant air carriers would yield $10,000 fines. combined. Moreover, foreign air carriers have Additionally, aggrieved passengers should break into the market. As an example of some more than twice as many slots as domestic be entitled to compensation for unreasonable suspect conduct, one has only to look back to new entrant air carriers combined. Most of delays. My legislation would establish air car- when Northwest Airlines cut its fare from De- these slots were grandfathered to the major rier liability to each passenger on an aircraft troit to Boston to as low as $69 from an aver- carriers more than a decade ago. The slots for an excessive departure or arrival delay age of $259 when Spirit Airlines entered the are government property, and it is time that which the carrier could have avoided. If the market in 1996. Coincidentally, once Spirit the federal government use them to benefit departure or arrival delay is more than two, was pushed out of the market, the average the taxpaying public rather than just a handful but less than three hours, the airline would be fare went up to $267, exceeding even the of airlines. required to compensate each passenger in an original level. More recently, Northwest ran an amount equal to twice the value of the price upstart, Pro Air, out of the Detroit-Milwaukee In order to remedy this barrier to competi- paid for the passenger's ticket. If the delay is market and is engaged in some curious be- tion, the bill would give the Secretary the au- at least three hours in length, then each pas- havior in the Detroit to Baltimore market. To thority to create and, as a last resort, withdraw senger is entitled to compensation equaling provide a level playing field, vigorous competi- and auction slots at each slot-controlled airport the number of hours (or portion thereof) multi- tion must be permitted to take root. Unfair ex- for assignment to new entrant air carriers and plied by the price paid for their ticket. Also, air clusionary practices that eliminate that com- other carriers with very limited access. The carriers would be required to give each pas- petition must be rooted out. Secretary would be authorized to use pro-con- senger sufficient and accurate notice of infor- When carriers respond to new competitors sumer criteria to withdraw slots from a carrier mation it has regarding any potential or actual with severe price drops and capacity expan- who is not using its slots in a competitive fash- significant delays in the departure or arrival of sion in order to run the new carrier out of the ion. If there is a withdrawal of slots for an auc- any flight segment. Wherever possible, such market, it ill serves consumers in the long run. tion, the Secretary may not auction more than notice shall be given to the passengers before After a new entrant is grounded, the major ten percent of existing slots for the first auc- boarding an aircraft. carrier simply retrenches and raises fares tion and five percent for each succeeding auc- Passenger complaints about their mis- higher still in its resumed control. tion. Auctions may not take place earlier than handled baggage continue to climb and they Congress expressly gave the Department of two years from each preceding auction. In- need to be addressed. Under this bill, air car- Transportation authority to stop any ``unfair or come from any auctions would finance im- rier liability would be doubled from the current deceptive practice or unfair method of com- proved airport infrastructure for the American $1,250 for lost or damaged baggage to $2,500 petition.'' Further, Congress has directed the public. for provable damages that the passenger in- Secretary of Transportation by statute to con- Slot possession at the four key airports curred because of the carrier's improper bag- sider ``preventing unfair, deceptive, predatory, where such controls are in place is a major gage handling. or anticompetitive practices in air transpor- issue, but questions like long-term exclusive Many airlines engage in the business prac- tation'' as being in the ``public interest and gate leases at other airports represent just as tice of overbooking flights to ensure that as consistent with public convenience and neces- nearly insurmountable obstacles to meaningful CONGRESSIONAL RECORD — Extensions of Remarks E249 competition in the airline industry. For that rea- helping to advance the message of our con- Throughout her career at Texas Tech, son, it makes good sense that such arrange- stituents, which I began to carry last year, and Coach Sharp has been recognized for her out- ments be reviewed. The bill would direct the ask that they join me at their earliest oppor- standing coaching abilities by other associa- Secretary to issue a study on the ability of and tunity. tions. She was the 1998 Big 12 Coach of the proposals for new entrant air carriers and f Year in women's basketball. In 1993, the those with limited access at major hub airports Texas Tech Lady Raiders forged ahead to to obtain gates and other facilities at airports TRIBUTE TO ROBERT D. COCHRAN bring home the coveted NCAA national cham- on terms substantially equivalent to the terms pionship title, and Coach Sharp, the force be- provided to the major carriers already using HON. ROBERT T. MATSUI hind the success, was named the National airport facilities. The airfield must become a OF CALIFORNIA Coach of the Year in 1993 by the Women's level playing field for competition. IN THE HOUSE OF REPRESENTATIVES Basketball News Service and the Columbus, It is important that the American public have Tuesday, February 23, 1999 Ohio Touchdown Club. She received the same access to useful information about the market honor in 1994 from the Women's Basketball Mr. MATSUI. Mr. Speaker, I am honored to and who in the industry is providing the best Coaches Association. While Texas Tech Uni- rise in tribute to Mr. Robert D. Cochran who consumer value. Various studies by the Gen- versity was still in the Southwest Conference, will retire after more than thirty years of public eral Accounting Office and private organiza- she was named the women's basketball coach service as a member of the Southgate Recre- tions have shown that concentration in the do- of the year an impressive seven times. ation and Park District Board of Directors in mestic airline industry is at extraordinarily high Away from the game, Coach Sharp has levels and continues to grow. Where such Sacramento, California. Mr. Cochran has made an outstanding con- served on the WBCA Board of Directors, Con- concentration exists, fares have increased with verse Coach of the Year Committee, Kodak a significant impact on residents and busi- tribution to the Southgate Recreation and Park District. As a dedicated board member, he has All-American Selection Committee, NCAA Re- nesses in those communities. In order to gional Selection Committee, Southwest Con- evaluate consumer value and review potential ensured that this special district operates effi- ciently and has advocated the need for up- ference Tournament Committee, and Texas implications of market concentration at hub Girls Basketball Association Committee. She airports, the bill would require the Secretary to dates to many of its policies and procedures. From 1971 until 1974 Mr. Cochran served presently serves as the director for the Lady prepare two quarterly reports for the public. on the Board of Directors of the California As- Raider Basketball Camps, and is actively in- One would rank the top and bottom ten do- sociation of Recreation and Park Districts. He volved with Special Olympic Celebrity fund mestic routes with regard to their average cost has also been active in the Sacramento Coun- raisers and the Jerry Lewis Labor Day Tele- to the passenger, and the second would rank cil of Recreation and Park Agencies. thon. Coach Sharp is dedicated not only to her the large hub airports by market concentration In 1995 Mr. Cochran was recognized as a team and Texas Tech University, but to the and identify the market share of each airline Distinguished Board Member by the California entire Lubbock community. operating at each of those airports. As has Special Districts Association. He was nomi- It is with great pleasure that I recognize and been said, sunlight is the best disinfectant; nated for that honor by the very employees congratulate Ms. Marsha Sharp on here un- let's let it shine on the airline industry. and board members with whom he serves in surpassed achievements and contributions At best, the promised benefits of deregula- that have earned her the distinct honor of tion have not been fully realized. The traveling the Southgate Recreation and Park District. As a senior board member of an organiza- being inducted into the Texas Women's Hall of public is still captive to monopolized routes tion which oversees 35 parks and millions in Fame. and airports. Indeed, since 1978, the Nation assessment dollars, Mr. Cochran's contribu- f has endured unregulated monopoly on many tions to his community have been invaluable. routes and airports. Indeed, since 1978, the THE MADRID PROTOCOL I salute his tireless commitment to public serv- Nation has endured unregulated monopoly on IMPLEMENTATION ACT ice. many routes. While I fully support the goals of Mr. Cochran's remarkable work has earned competition, two decades of experience reveal him re-election to the Southgate Recreation HON. HOWARD COBLE consolidation, diminished choice, and higher and Park District Board of Directors every OF NORTH CAROLINA prices in many markets. To the extent that de- term since 1970. His staying power is a testa- IN THE HOUSE OF REPRESENTATIVES regulation has failed, the Congress should re- ment to his efficacy as a special district trust- Tuesday, February 23, 1999 spond and correct its course. Full and fair ee. Mr. COBLE. Mr. Speaker, today I am intro- competition is what consumers demand and Mr. Speaker, I ask all of my colleagues to ducing the Madrid Protocol Implementation deserve. When any carrier dominates a hub, it join me in recognizing Robert D. Cochran Act. This implementing legislation for the Pro- can lose its edge and the incentive to meet every success in all of his future endeavors in tocol related to the Madrid Agreement on the consumer needs. This ought not be the case. Banning, California. International Registration of Marks was intro- The Congress has the opportunity to act now f to remedy the defects in the law that permit duced in the past three Congresses. While the our constituents to be exposed to undue and IN RECOGNITION OF MS. MARSHA Administration has still not forwarded the trea- intolerable grief. SHARP ty to the Senate for ratification, the introduc- The American public has been held hostage tion of this legislation is important in that it by the poor service and excessive fares at the HON. LARRY COMBEST sends a signal to the international community, hands of the cartels in the air for too long. OF TEXAS U.S. businesses, and trademark owners that the Congress is serious about our Nation be- That is why I am pleased to introduce this bill IN THE HOUSE OF REPRESENTATIVES to generate legitimate competition and secure coming part of a low-cost, efficient system for appropriate protections for the country's airline Tuesday, February 23, 1999 the international registration of trademarks. passengers. To my friends in the airline indus- Mr. COMBEST. Mr. Speaker, I am most The World Intellectual Property Organization try, I want to observe that one airline execu- honored to rise today to extend my sincere (WIPO) administers the Protocol, which in turn tive recently told me that a good airline should congratulations to Ms. Marsha Sharp, head operates the international system for the reg- be doing these things anyway. While the air- coach of the Texas Tech University Lady istration of trademarks. This system would as- lines may feel their best option is to fight and Raiders basketball team, for being inducted sist our businesses in protecting their propri- hope to block this bill in Congress, I believe it into the Texas Women's Hall of Fame. Coach etary names and brand-name goods while would be vastly preferable to start working to Sharp was selected as one of only seven saving cost, time, and effort. This is especially solve these problems on their own. As with women to receive this prestigious honor, important to our small businesses which may any problem, the first step on the road to re- which I know she richly deserves. only be able to afford world-wide protection for covery is to stop denying and start accepting. Coach Sharp is in her 17th season as head their marks through a low-cost international Today, the major airlines are the guests of coach of the Texas Tech Lady Raiders. Her registration system. honor at my ``intervention.'' professionalism, love of the game, remarkable The Madrid Protocol took effect in April The ``Passenger Entitlement and Competi- coaching talents, and winning attitude have 1996 and currently binds 12 countries. Without tion Enhancement Act'' is common sense leg- left her only five victories short of 400 victories the participation of the United States, how- islation that responds to the call for fair play while at Texas Tech, and a record of 395± ever, the Protocol may never achieve its pur- and substantial justice in the airline industry. I 128. Coach Sharp is widely respected by her pose of providing a one-stop, low-cost shop applaud the efforts of my colleagues who are players, her colleagues, and Lady Raider fans. for trademark applicants who canÐby filing E250 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 one application in their country and in their lice Service Awards, and one POBA Valor sometimes historic and solemn and some- languageÐreceive protection by each member Award. Officer Pawchak has also earned mul- times partisan and shrill; and, above all, by country of the Protocol. tiple training certificates from the Department a widely shared sense of national purpose There is opposition neither to the legislation, that endured despite occasionally bitter in- of Justice, the New Jersey State Police, and ternal divisions. nor to the substantive portions of the treaty. the Jersey City Police Department. The constancy with which the United The State Department continues its attempts Officer Edward Bergin has enjoyed great States carried out its global responsibilities to resolve differences between the Administra- success as a police officer, but he has also over the long course of the Cold War is a tion and the European Union regarding the been recognized for his community service. In great testimony to the character of the voting rights of intergovernmental members of particular, he has been commended by the American people and to the quality of the the Protocol in the Assembly established by Jersey City Chief of Police for his work on Na- leaders who guided the nation through often the Protocol. More specifically, the European tional Night Out and relief efforts following trying times. In spite of the costs, in the face Union receives a separate vote in addition to Hurricane Georges. Officer Bergin has also re- of great uncertainties, and despite grave dis- the votes of its member states. While it may ceived two commendations, five Excellent Po- tractions, our nation showed the ability to persevere. In doing so, we answered the great be argued that the existence of a supra-na- lice Service Awards and one POBA Valor question about America that Winston tional European trademark issued by the Euro- Award. Churchill once famously posed—‘‘Will you pean Trademark Office justifies this extra vote, During Detective John Riggs' successful ca- stay the course?’’ he asked, ‘‘Will you stay the State Department views the provision as reer he has served on patrol and on the the course?’’ The answer is, we did. antithetical to the fundamental democratic con- Crimes Against Property and Special Inves- Today, I think we need to raise a similar cept of one vote per state. The State Depart- tigations Units. Many of this country's most question once again, but this time for our- ment also has raised concerns that this voting profitable companies owe a large debt to De- selves and in a somewhat different form. structure may constitute a precedent for devi- tective Riggs for his remarkable efforts to in- Churchill’s question, ‘‘Will you stay the ation from the one-state-one-vote principle in vestigate property crime. The companies course?’’ implied that there might some day be an end to the struggle, as there was, in- future international agreements in other areas. which have commended his work include deed, to the Cold War, though no one foresaw These differences need to be settled before Rolex Watch USA, Inc., for enforcing trade- when and how it would come. Today the key the Secretary of State will recommend to the mark infringements; Bell Atlantic and AT&T for question is perhaps more challenging, be- President that a ratification package be pre- breaking a stolen phone ring; and Twentieth cause it is more open-ended. It is ‘‘Will we sented to the Senate. The State Department is Century Fox, Universal, Walt Disney and stay engaged?’’ working closely with the Subcommittee on Parmount Pictures for the apprehension of in- The term ‘‘engagement,’’ to be sure, has Courts and Intellectual Property of the Com- dividuals associated with motion picture theft. not yet captured as broad a range of support mittee on the Judiciary, which I chair, to for- Detective Riggs has also distinguished himself among political leaders and the public as mulate a proposal to the European Union, and through his work on security detail for both the those who coined it, early in the Clinton Ad- ministration, evidently hope it would. But subsequently to the members of the Protocol, President and Vice President. John Riggs has neither did the notion of ‘‘containment’’ cap- to amend the Assembly voting procedures in earned seventeen Excellent Police Service ture broad public support until several years a way which would provide for input by the Awards, five commendations, and one Combat after it was articulated during the Truman European Union without circumventing the Cross. Administration. Indeed, some political lead- one-member-one-vote principle. These four officers have served Jersey City ers who later championed containment as Mr. Speaker, it is important to move this leg- and my district proudly for 25 years. I am sure the linchpin of our security initially criti- islation forward at this time to encourage ne- I speak for the entire Congress when I say cized the notion as too passive and even gotiations between the State Department and thank them for their work and wish them the timid. the European Union; and to assure American best in their retirement. ‘‘Engagement,’’ while not yet widely em- braced as a characterization of our basic trademark holders that the United States f global posture, seems to me to express quite stands ready to benefit from the Protocol as INTERNATIONAL ENGAGEMENT— well what we need to be about today—that soon as it is ratified. we need to be engaged in the world, and that f WHY WE NEED TO STAY THE we need to be engaged with other nations in COURSE building and maintaining a stable inter- IN HONOR OF FOUR OUTSTANDING national security system. JERSEY CITY POLICE OFFICERS HON. IKE SKELTON Engagement will not be easy to sustain. OF MISSOURI Indeed, as has become clear in recent years, it will be as challenging to the United States HON. ROBERT MENENDEZ IN THE HOUSE OF REPRESENTATIVES to remain fully engaged today as it was to OF NEW JERSEY Tuesday, February 23, 1999 stay the course during the Cold War. IN THE HOUSE OF REPRESENTATIVES Mr. SKELTON. Mr. Speaker, on January 27, We now know much more about the shape Tuesday, February 23, 1999 1999, I had the privilege to address all of of today’s era than we did eight or four or even two years ago. America's National Guard Adjutants General Mr. MENENDEZ. Mr. Speaker, I rise today We know that we have not reached the end in honor of James Crampton, Paul Pawchak, here in Washington. I spoke about the need of history. Jr., Edward Bergin, and John Riggs; four out- for America to stay engaged in the world. My We know that we face challenges to our se- standing Jersey City police officers who are speech to that group is set forth as follows: curity that in some ways are more daunting retiring from the force after 25 years of service INTERNATIONAL ENGAGEMENT—WHY WE NEED than those we faced during the Cold War. to their community. TO STAY THE COURSE We know that it will often be difficult to Before being appointed to the Jersey City It has been more than ten years since the reach domestic agreement on foreign affairs Police Department, Officer James Crampton fall of 1988, when the communist government because legitimate, deeply held values will proudly served our country in the Navy and of Poland agreed, under great popular pres- often be hard to reconcile. served as a Patrolman in the Plainfield Police sure, to permit free elections—elections We know that we will have to risk grave Department. Over his remarkable career, Offi- which ultimately led to the ‘‘velvet revolu- dangers and pay a price to carry out our re- sponsibilities, and because of the costs, it cer Crampton earned twelve Excellent Police tion’’ throughout Eastern Europe. It has been nine years since the historic fall of 1989, will sometimes be tempting to think that we Service Awards, one commendation, and one when the border between Hungary and West- would be more secure if we were more insu- POBA Valor Award. James Crampton was ern Europe opened, and thousands of East lated from turmoil abroad. also recognized by Police Director Michael Europeans first swept aside the Iron Curtain We know that we will have to struggle Moriarty for his excellent work on the Wegman and then brought it crashing down. It has mightily not to allow domestic travails to Parkway homicide and was commended by been eight years since the two Germanies divert us from the tasks that we must con- Police Chief William J. Thynne for apprehend- agreed to reunification, and seven years sistently pursue. ing a dangerous criminal. since the Soviet Union disintegrated. But we also know that our political sys- Officer Paul Pawchak Jr. has served with For the United States, the events of a dec- tem, which encourages open debate, and ade ago were the beginning of the end of long which constantly challenges leaders to rise distinction for over twenty five years on patrol, struggle—a struggle that was characterized to the demands of the times, gives us the op- as a Police Academy instructor, on the Narcot- by terrible sacrifices in Korea and Vietnam; portunity, if we are thoughtful and serious ics Unit and as a member of the Neighbor- by periods of great national confidence and about our responsibilities, to see where our hood Task Force Unit. His achievements in- occasional episodes of uncertainty; by de- interests lie and to pursue our values effec- clude three commendations, five Excellent Po- bates in the halls of Congress that were tively. CONGRESSIONAL RECORD — Extensions of Remarks E251 Today I want to say a few things about en- U.S. engagement in the world. We persevered vented by promoting multilateral coopera- gagement in the world—why it may some- in the Cold War precisely because we felt it tion should understand that military engage- times be difficult to sustain; why it is none- our responsibility as a nation to defend ment abroad is essential to build and enforce theless necessary; and, finally, how it has against tyranny. In the name of that moral a more peaceful, cooperative world order in succeeded in bolstering our security. mission, we may sometimes have asked too which our other interests and values can WHY ENGAGEMENT IS DIFFICULT much of ourselves, and particularly of our flourish. Two points must be made—first, it is a fact Engagement is difficult, first of all, be- young sons and daughters in the military— that smaller-scale operations demand more cause it entails costs and carries risks. but it was nonetheless a goal worthy of our resources than military planners had as- Provocations by Saddam Hussein and terror- people. sumed. The answer is not to forswear such ist attacks in Africa will not be the end of Now we have a very different moral respon- operations, which I don’t believe we can do, our struggle. In an age of chemical, biologi- sibility before us, which may be somewhat more difficult to express, but which I think but rather to acknowledge the resource de- cal, and nuclear weapons of mass destruc- mands and meet those requirements. Second, tion, the United States faces particularly is equally important. As I see it, our respon- sibility now is to use our unchallenged posi- it is important to be selective in making grave dangers in its conflict with these commitments and in using the military— forces. To quail in the face of these risks tion of global leadership in a fashion that will make the universal hope for peace, pros- above all, we need to ensure a balance be- would, I think, be far more damaging to our tween the interests we have at stake and the security than to confront them—but we perity, and freedom as much as possible into the norm of international behavior. If the commitments we are making. should not underestimate the dangers we Effective international engagement re- face. United States were not to try, at least, to use our current position of strength to help quires much more active and extensive U.S. Engagement is also difficult because it re- military involvement abroad than many ex- quires us to make policy choices in which construct an era of relative peace and stabil- ity, it would be a moral failure of historic pected. In the wake of the Cold War, we de- values we hold dear are troubling to rec- cided to maintain a permanent military oncile. The debates in Congress over policy magnitude. More than that, to fail to exer- cise our strength in a fashion that builds presence of about 100,000 troops both in Eu- toward China illustrate this point forcefully. rope and in Asia. These deployments, in ret- All of us find China’s human rights abuses to global cooperation would also, in the long run, leave us weaker and more vulnerable to rospect, hardly appear excessive. On the con- be abhorrent. For my part, I believe that trary, our forces in Europe, if anything, have U.S. security interests are well served when dangers from abroad. We need to be engaged because only the been badly overworked. They have been in- we stand up for human rights. Tyranny has United States can provide the leadership volved in countless joint exercises with old crumbled all over the globe in large part be- necessary to respond to global and regional and new allies and with former enemies that cause of our active commitment to human challenges to stability and only the United have been critically important in building a rights and because we hold out an example of States can foster the growth of regional se- new, cooperative security order in Europe. freedom that millions all over the world Engagement has also entailed a constant, curity structures that will prevent future hope to emulate. rotational presence in the Persian Gulf—a On the other hand, a policy of isolating challenges from arising. We need to be engaged because our contin- commitment which, we now should recog- China would be self-defeating. The United ued presence gives other nations confidence nize, is on a par with the commitments we States and China have interests in com- have maintained in Europe and the Far East. in our power and in our reliability and mon—stability in Asia; preventing war in It has involved military intervention in makes us the ally of choice if and when con- Korea; and halting weapons proliferation, to Haiti, an ongoing peacekeeping operation in flicts arise. name just a few. We need to be engaged because only by ac- Bosnia, and literally dozens of smaller-scale Constructive engagement with China, tively shaping effective regional security military operations. One thing should be therefore, requires that we reconcile our systems can we create an environment in clear—as long as we are actively engaged deeply held convictions about what is right which nations that might otherwise chal- abroad, the pace of military operations is with our national interests. likely to be much more demanding than any lenge stability will instead perceive a com- Engagement with long-standing allies may of us had imagined a few years ago. munity of interests with the United States also be turbulent at times. Many, if not As you know better than anyone, engage- most, of our allies have not, for example, and with our regional allies. ment on this level would not be possible We need to be engaged because only by rec- wholeheartedly supported our efforts to en- without our Reserve Component Forces. As ognizing and responding to the security con- force sanctions on nations that we believe part of our ‘‘Total Force’’ concept, the Guard cerns of other nations can we export them to guilty of sponsoring international terrorism and Reserve are indispensable to U.S. mili- support our security interests and concerns. or that we see as threats to the peace. We need to be engaged because cooperation tary operations. Just look at the role our Re- A related difficulty of engagement is what from other nations is essential to deter and serve Component Forces have played in Bos- might be called the paradox of defeat enemies who want to undermine glob- nia. Since December 1995, over 16,000 Guard burdensharing—getting the allies to do more al order. and Reserve personnel have supported Oper- often requires that we do more as well. En- Not everyone agrees on the necessity for ation Joint Endeavor, Operation Joint gagement is difficult, therefore, because it engagement. Some traditional champions of Guard, and now Operation Joint Forge from means that we will sometimes become em- a strong national defense still complain that bases in Bosnia, Croatia, the U.S., Hungary, broiled in undertakings overseas that, on the the demands of engagement appear to divert Germany, Italy, and elsewhere in Europe. face of it, cost us more than our immediate attention away from our real national secu- Reservists have performed combat and com- interests appear to justify. The obvious ex- rity interests. Engagement, they argue, em- bat support missions including artillery fire ample is Bosnia. The reason we must, none- broils us in regional conflicts that seem re- support, civil affairs, logistics, public affairs, theless, be engaged, is that our overarching mote. It appears to put too much emphasis medical support, and other critical func- interest in building effective security co- on peacekeeping or humanitarian missions tions. Since the end of the Cold War, significant operation with our allies requires that we ex- that are costly and that are not obviously di- reductions in the size of U.S. Active Forces ercise leadership. rectly related to the overriding responsibil- Engagement is also difficult for domestic has resulted in an increased reliance on Re- ity of U.S. military forces—to prepare for political reasons. To be blunt, no one gets serve Component Forces. Today, 54 percent major conflicts. elected by promising to devote a great deal For others, who believe the world ought to of the U.S. Army is in the Reserve Compo- of time and attention to foreign affairs. be more peaceful and less militarized since nent. Our Guard and Reserve are essential to Those in positions of responsibility must the end of the Cold War, engagement has the success of nearly every military oper- make compromises, choose between alter- seemed to require too much U.S. military in- ation during peace and war. Changing a natives that are often bad and less bad, take volvement in distant parts of the globe. It stereotype is sometimes difficult, but let me risks to get things done, and bear the criti- appears to justify military and other ties try: You are no longer the ‘‘Weekend War- cism when initiatives fail. with regimes that are distasteful or worse. It riors’’, you are the ‘‘Seven-Day-a-Week, 365- Finally, engagement is difficult because it seems to emphasize security matters at the Day-a-Year Warriors’’. I, for one, appreciate is financially expensive. In recent years, it expense of other interests—such as human what you do for our nation. You, and those has been difficult to find the resources to rights, fair trade practices, or environmental who serve under you, have my respect and meet obvious needs in defense and foreign af- protection. It appears to some, even, to be a admiration. fairs because of pressures to reduce the budg- questionable rationale for continued high ENGAGEMENT HAS SUCCEEDED et deficit. Now that the deficit has been military spending in a world with no direct, The final point I want to make—and per- brought under control, a part of the discus- obvious threats. haps the most important thing we need to sion of budget priorities ought to be how to In my opinion, those who see themselves as keep in mind—is that the U.S. policy of en- restore a reasonable level of investment in proponents of a strong national defense and gagement has been a success. Yes, we have meeting our international security require- as advocates of assertive American power suffered some failures. No, we have not ac- ments. should reconsider their position in view of complished everything we might have hoped. WHY ENGAGEMENT IS NECESSARY the compelling evidence that engagement is Yes, we have made some mistakes. But fail- Despite these difficulties, I believe that essential to our military security. Similarly, ures, shortcomings, and mistakes are inevi- there is no alternative to continued, active those who believe that conflicts can be pre- table in international affairs—there has E252 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 never been a government in history that has In spite of all the success Senator Baker commending the attorneys who helped to suc- not run into such difficulties. achieved in the White House, the Senate, and cessfully exonerate the wartime internees. To- Engagement is as centrally important to now his private law practice, he has not lost gether, they upheld the very highest standards our security—and to the prospects for peace in the world—as containment was during the his humility. of justice in the American legal system. Cold War. Perhaps above all, the key issue is He now lives in Tennessee where he can f be close to the people he represented for so whether we will persist despite the fact that HONORING THE NAVAL SURFACE the struggle to maintain relative inter- many years. He continues to work to help oth- national peace will never be concluded. This ers. Despite his national recognition he speaks WARFARE CENTER—INDIAN is not a struggle we can see through to the at very, very small events if it is a worthwhile HEAD DIVISION end—it is, nonetheless, an effort that we as a cause. nation must continue to make. As I stated earlier, I have great admiration HON. STENY H. HOYER f for all of the gentlemen honored in this bill. OF MARYLAND However, I think this is an especially fitting IN THE HOUSE OF REPRESENTATIVES BAKER SCHOOL OF GOVERNMENT tribute to the Greatest Living TennesseanÐ Tuesday, February 23, 1999 Senator Howard Baker. Mr. HOYER. Mr. Speaker, I rise today to HON. JOHN J. DUNCAN, JR. I urge my Colleagues to support this legisla- honor the Naval Surface Warfare Center, In- OF TENNESSEE tion which will honor four great Americans and dian Head Division, for their large contribution at the same time provide additional learning IN THE HOUSE OF REPRESENTATIVES to the Combined Federal Campaign. In par- opportunities for our young people. Tuesday, February 23, 1999 ticular, I want to thank Captain John Walsh, f Mr. DUNCAN. Mr. Speaker, today, I have Commander Michael Donch and Chris Adams introduced legislation that would create four HONORING THE CORAM NOBIS for their leadership, enthusiasm, dedication new schools of government across the Coun- LEGAL TEAM and ingenuity. the Naval Surface Warfare try. These schools would be dedicated to the Center, Indian Head Division, raised over study of public policy and government. This HON. ROBERT T. MATSUI $116,000, a 31-percent increase over last bill has a number of original cosponsors from year. They were also able to motivate 1,120 OF CALIFORNIA people to participate in the campaign. both sides of the aisle. IN THE HOUSE OF REPRESENTATIVES In the last Congress, this legislation passed Your contribution to enriching the Navy's the Senate by unanimous consent. Unfortu- Tuesday, February 23, 1999 culture of giving by planning and implementing nately, the House Calendar did not allow for Mr. MATSUI. Mr. Speaker, I rise today in a highly successful plan of action is most ap- the legislation to be brought to the floor. Each recognition of the National Japanese American preciated. Individuals will have better health, of these schools will be named after great Historical Society's Day of Remembrance din- quality of life, education or a safety net be- Americans, members of both sides of the ner honoring the Coram Nobis Legal Team. cause you took the time to care. Thousands aisle, who have served the public in the In the 1940s, three Americans of Japanese will benefit due to your hard work. Your efforts United States Senate. ancestry challenged the United States Govern- are a positive reflection on yourself, the Navy While I admire and respect all of these gen- ment's order of a racially selective curfew and and the Department of Defense. You dem- tlemen, I would like to primarily speak about incarceration of Japanese Americans in intern- onstrate the military not only serves and pro- one of themÐSenator Howard Baker. ment camps. At that time, these three men tects but also is a positive force in the commu- Specifically, this legislation would create the were all convicted and their sentences upheld nity, the Nation and the world. Congratulations Howard Baker School of Government at the by the U.S. Supreme Court. on your fine success. University of Tennessee in Knoxville. Decades later, the Coram Nobis Legal f I believe this legislation is a fitting tribute to Team challenged these convictions citing pre- IN HONOR OF THE FIFTIETH ANNI- Senator Baker's extraordinary career and pub- viously suppressed evidence. This team of VERSARY OF THE MARTYRDOM lic service. young lawyers, led by Dale Minami, Peggy OF MAHATMA GANDHI Senator Baker was a Member of the U.S. Nagae, and Rod Kawakami, worked hard on Senate for 18 years where he served as Mi- behalf of Fred Korematsu, Minoru Yasui, and nority Leader as well as the Majority Leader. Gordon Hirabayashi. HON. ROBERT MENENDEZ He also served as President Reagan's Chief All three convictions were vacated some 40 OF NEW JERSEY of Staff. years after World War II thanks to the intellect IN THE HOUSE OF REPRESENTATIVES The White House Chief of Staff has to be and legal acumen of this fine judicial team. Tuesday, February 23, 1999 the person who tells others ``no'' for the Presi- Their work has become an important part of Mr. MENENDEZ. Mr. Speaker, I rise today dent. As a result, many people have left this the history of Japanese Americans in this in honor of the Fiftieth Anniversary of the mar- job with unpopular reputations. country. tyrdom of Mahatma Gandhi, one of the most However, Senator Baker left this job more I salute the courage and commitment of the influential political, religious and cultural lead- popular than when he began it. I believe this young attorneys that helped to close such a ers of the Twentieth Century. is a real testament to the type of person he is. dark chapter in our Nation's history. At the In my district a service will be held at the In fact, Senator Baker has often been called same time, their tireless efforts opened the Mahatma Gandhi Elementary School in Jersey the Greatest Living Tennessean. I concur with door to Redress and Reparations for all those City, which may be the first school in the these remarks. I would also add that he is one Americans of Japanese ancestry falsely in- United States renamed in his honor. I thank of the greatest statesmen in the history of the terned in the 1940s. Mr. Hardyal Singh, President of the Inter- State of Tennessee. Together, these lawyers and their clients be- national Mahatma Gandhi Association, for put- In addition, he has been recognized a great came eternal symbols of justice and freedom ting together this important event. deal here in Washington. In fact, the Senate in the United States of America. They ulti- Politically, Mr. Gandhi was of tremendous Majority Leader's office in the U.S. Capitol mately fulfilled our common destiny as a na- importance in India's struggle for independ- Building is named the Howard H. Baker, Jr. tion of equal justice under law. ence from Great Britain. After practicing law Room. This is a very fitting tribute to one of They will be honored by the National Japa- and becoming an advocate for Indian rights in our Nation's greatest public servants. nese American Historical Society based in South Africa, Gandhi returned to India to be- Mr. Speaker, I am honored to have intro- San Francisco, California, as part of its Day of come a leader in the nationalist movement. duced legislation to name a federal court- Remembrance activities. Founded in 1981, Once there he perfected the use of passive house in Knoxville, Tennessee, after Senator this organization is dedicated to the preserva- resistance to gain political power. He suffered Baker. This will serve as a reminder to Ten- tion, promotion, and dissemination of edu- through many periods of imprisonment and nesseans of the great work of Howard H. cational materials relating to the history and through many fasts with the sole purpose of Baker, Jr. culture of Japanese Americans. I strongly sup- gaining independence for his people. Due in Senator Baker has a wonderful, loving port its important mission. no small part to his efforts, India finally gained wifeÐSenator Nancy Kassebaum. I think they Mr. Speaker, I ask all of my colleagues to independence from British rule in 1947. make a great team, and they both continue to join with me in not only recognizing the Na- Beyond his tremendous contributions to In- work to ensure that this Country is a better tional Japanese American Historical Society dian politics, Gandhi was also a dominant reli- place for our children to live. and the Day of Remembrance, but also in gious and cultural figure. He asserted the unity CONGRESSIONAL RECORD — Extensions of Remarks E253 of all people under one God and preached THE FEDERAL PROTECTIVE only 668 uniformed FPS officers, as opposed Christian and Muslim ethics along with Hindu. SERVICE REFORM ACT to more than 5,000 contract guards. The best Gandhi also led the fight to rid the country of deterrent to a terrorist bombing or attack on a the caste system and defend the rights of the HON. JAMES A. TRAFICANT, JR. federal building is a highly trained, profes- untouchables. Once independence was OF OHIO sional and fully staffed FPS. gained, Gandhi focused his energies on IN THE HOUSE OF REPRESENTATIVES I have great admiration for the men and spreading his message of religious tolerance. women who serve so ably on the FPS. That's His hunger strikes and prayer vigils were no Tuesday, February 23, 1999 why I am deeply troubled that FPS officers are longer in protest of colonial rule, but in protest Mr. TRAFICANT. Mr. Speaker, today I am paid significantly less than other federal law of violence between Hindus and Muslims. He introducing the ``Federal Protective Service enforcement officers that perform the same was on one such vigil in New Delhi when he Reform Act of 1999.'' This legislation makes function. This is not fair. Equally as disturbing, was fatally shot by an extremist who objected much needed reforms to the Federal Protec- the low level of compensation combined with to Gandhi's message of tolerance. tive Service (FPS). These reforms will allow poor communication between management In conclusion, I would like to say that we all FPS to better meet the growing threat posed and the rank and file is causing a morale and owe a great debt to Mahatma Gandhi and his by terrorism to federal buildings and the peo- turnover problem that could further com- teachings, and I hope that by taking this day ple who work in and visit federal buildings. promise security. Morale plays a key role in to remember his contributions and his strug- The legislation is similar to legislation I intro- the effectiveness of any law enforcement gles we can again benefit from his wisdom. duced in the last Congress. agency. The Federal Protective Service Re- f On April 19, 1995, a truck bomb destroyed form Act will make the changes needed to the Alfred P. Murrah federal building in Okla- boost morale, improve management and make HONORING BISHOP THEODORE homa City, Oklahoma. That tragic and des- FPS better also to respond to terrorist threats BROOKS FOR OUTSTANDING picable act killed 168 people and wounded to federal buildings. COMMUNITY LEADERSHIP hundreds of others. The Oklahoma City bomb- Quite simply, Mr. Speaker, the goal of my ing served as a sober reminder that the United legislation is to remake the FPS into an elite HON. ROSA L. DeLAURO States is not immune to acts of terror. The federal law enforcement agency with a well OF CONNECTICUT bombing also revealed that we were woefully trained, professionally led, highly motivated IN THE HOUSE OF REPRESENTATIVES unprepared for such an act. and appropriately compensated cadre of offi- Tuesday, February 23, 1999 I was deeply disturbed to learn that there cers. Another goal is to ensure that decisions to how best to ensure the security of federal Ms. DELAURO. Mr. Speaker, on Sunday, was only one contract security guard on duty buildings are based on sound law enforcement February 21, Bishop Theodore Brooks cele- in Oklahoma City on April 19, 1995. That con- and intelligence analysisÐnot on budgetary brated the Confirmation of his Doctrine of Min- tract guard was responsible for providing se- considerations. The main features of the Fed- istry. As pastor of Beulah Heights First Pente- curity at the Murrah building and two other eral Protective Service Reform Act will: costal Church, Bishop Brooks has proven an federal buildings in Oklahoma City. There is evidence that those responsible for bombing Establish, by statute, the Federal Protective outstanding member of the New Haven Com- Service as a freestanding service within GSA, munity, as he and his congregation have the Murrah building cased the building in the days and weeks leading up to the bombing. with the responsibility of serving as the prin- unfailingly worked to resolve social problems cipal law enforcement and security agency in faced by residents of the Greater New Haven The fact that the Murrah building in the days and weeks leading up to the bombing. The the United States with respect to the protec- area. His commitment to social justice and his tion of federal officers and employees in build- leadership in these communities has never fact that the Murrah building was, for the most part, unprotected, could have played a role in ings and areas under GSA's control (under the wavered. Public Buildings Act, the GSA Administrator Bishop Brooks' work on behalf of numerous the decision of the terrorists to bomb that building. has the authority to appoint special police offi- New Haven community organizations has cers and investigators, but the Act does not earned him our respect and admiration. His ef- In the wake of the Oklahoma City bombing, the Public Building Service (PBS) of the Gen- require GSA to establish a FPS). forts have contributed tremendously to the city Make FPS a service within GSA, separate eral Services Administration (GSA) has made and its residents. As Chief Executive Officer of from PBS. Under the bill, the FPS would have great strides in improving the physical security the Beulah Land Development Corporation its own commissioner who will report directly of the 8,300 federal buildings under its control. since 1990, Bishop Brooks successfully pur- to the GSA Administrator (currently the head But, at hearings held last year by the Trans- sued the renovation and rehabilitation of the of FPS has the title of Assistant Commissioner portation and Infrastructure Subcommittee on Orchard Street Town Homes, a project that within PBS). will enhance our community with new, afford- Public Buildings and Economic Development Clarify the responsibilities and authority of able family housing. This project would not revealed, the security upgrade program initi- FPS officers, including giving them the ability have become a reality without the hard work ated in the wake of the Oklahoma City bomb- to carry firearms to and from work, providing and leadership of Bishop Brooks. ing has been hindered by mismanagement officers with a ``buffer zone'' of responsibility As a member of several Boards and Com- and a reduction in staffing. In addition, struc- extending to property adjacent to a federal mittees in various community-based organiza- tural and personal problems within the Federal building, and clearly delineating the cir- tions, Bishop Brooks has worked tirelessly to Protective Service are also hindering GSA's cumstances under which FPS officers can strengthen families and help residents in the ability to upgrade and improve security. make arrests. community develop a more positive self- At the present time the FPS is a unit within Establish a pay scale and benefit package image. His work reflects his dedication to help- PBS. The head of FPS reports to the PBS for FPS officers similar to that of the Uni- ing society's least privileged develop the cog- commissioner. The PBS commissioner does formed Division of the Secret Service. nitive skills they need to remain productive not have a law enforcement background and Require GSA to hire at least 730 full-time members of the community. his main responsibility is real estate manage- FPS officers within one year of enactment of Among his many accolades, Bishop Brooks mentÐnot law enforcement. While we do have the bill into law, and bar GSA from reducing was recognized by the White House for his a very able and talented PBS commissioner, I the number of full-time FPS officers unless leadership in building community empower- do not believe that security is best served by specifically authorized by Congress (the PBS ment zones. having FPS as a sub-entity within PBS. commissioner stated last year in Congres- Bishop Brooks' work embodies the spirit and While I recognize that the use of contract sional testimony that GSA's long-term goal is vitality of the New Haven Community he so guards is necessary, I am concerned that the to have 724 full-time FPS officers). tirelessly represents. I look forward to working use of contract guards may not be appropriate Require contract guards to undergo the with him in the future as we have in the past, at certain federal buildings. I am also con- same background checks as FPS officers, and to further advance social justice and promote cerned over the fact that contract guards do require GSA to prescribe adequate training sound economic growth. not undergo the same type of background standards for contract guards. It gives me great pleasure to join his many checks as FPS officers. All FPS officers un- Direct a General Accounting Office study of friends and family in thanking him for his lead- dergo a full and detailed background inves- the feasibility of merging all federal building ership over the years. I congratulate Bishop tigation, including a review by the Federal Bu- security services under FPS. Theodore L. Brooks on yet another great reau of Investigation. Contract guards, on the Require that the FPS Commissioner be a achievementÐthe Confirmation of his Doctrine other hand, only undergo a cursory back- career civil servant with extensive law enforce- of Ministry. ground check. At the present time there are ment experience. E254 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 Direct FPS to work closely with other federal Catholic League, but what they are today is NEW JERSEY’S 11TH DISTRICT— agencies in gathering and analyzing intel- because of a Christian Brother from Detroit. PRIME RECRUITING GROUND ligence. His nine years in New York were at Bishop FOR ACADEMIES Direct the FPS commissioner to provide as- Loughlin High School where Brother George sistance, upon request, to other federal, state began a track meet known as the Bishop HON. RODNEY P. FRELINGHUYSEN and local law enforcement agencies. Loughlin Games, which to this day is the larg- OF NEW JERSEY Mr. Speaker, the Federal Protective Service est indoor track meet in the United States. IN THE HOUSE OF REPRESENTATIVES Reform Act of 1999 is an urgently needed piece of legislation that will allow this country In 1957, Brother George returned to Tuesday, February 23, 1999 to better protect itself from a terrorist attack. DeLaSalle Collegiate. He was sub-director of Mr. FRELINGHUYSEN. Mr. Speaker, every This legislation should be an integral part of the DeLaSalle Christian Brother's community, year, more high school seniors from the 11th our counter-terrorism strategy. I urge all Mem- taught five classes, was vice principal and ath- Congressional District trade in varsity jackets bers to support this bill. letic director until 1964 and then continued to for Navy peacoats, Air Force flight suits, and f teach full time for the next ten years. He was Army brass buckles than any other district in a member of the Catholic League's Executive the country. But this is nothing newÐour area TRIBUTE TO BROTHER GEORGE Board for several terms during the 50's and has repeatedly sent an above-average propor- SYNAN 60's. It was in 1961 that Brother George be- tion of its sons and daughters to the Nation's came moderator of the Christian Brother's military academies for decades. HON. DAVID E. BONIOR Auxiliary, a post he held with great pride for This shouldn't come as a surprise. The edu- OF MICHIGAN over thirty years. When St. Joseph High cational excellence of our area is well known IN THE HOUSE OF REPRESENTATIVES School, the first Christian Brothers High and has long been a magnet for families look- ing for the best environment in which to raise Tuesday, February 23, 1999 School in Detroit, closed its doors in 1964, he their children. Our graduates are skilled not became moderator of their Alumni Association, Mr. BONIOR. Mr. Speaker, I would like to only in mathematics, science, and social stud- a post he continues to hold to this day. Later, pay tribute to someone I have known for over ies, but also have solid backgrounds in sports, 40 yearsÐa man who has been an inspiration he also became moderator of the St. Joe's debate teams, and other extracurricular activi- to the many people he has taught and nur- Dad's Club. He firmly believes that keeping ties. This diverse upbringing makes military tured through the years. Brother George the memory of St. Joe's alive at DeLaSalle academy recruiters sit up and take noteÐin- Synan, who is celebrating his 70th anniversary Collegiate, the school the St. Joe Alumni deed, many recruiters know our towns and as a Christian Brother, has left an indelible founded, is very important. schools by name. mark on the metropolitan Detroit community It was in the early 1970's when the teacher, Since the 1830's, Members of Congress and, in particular, DeLaSalle Collegiate High coach, and former administrator at DeLaSalle have enjoyed meeting, talking with, and nomi- School in Warren, Michigan, where he has saw the football field named after him. nating these superb young people to our mili- served as a teacher, coach, administrator, and Throughout the Catholic League, it was known tary academies. But how did this process mentor. Although Brother George semi-retired no longer as DeLaSalle Field, not even need- evolve? in 1974, he still taught occasionally at ing a last name, it was simply and quickly ac- In 1843, when West Point was the sole DeLaSalle into the early 1990's. Today, he re- academy, Congress ratified the nominating cepted across the Catholic League as the sides at the Christian Brothers retirement process and became directly involved in the Brother George Field. He touched more lives home in Lincroft, New Jersey. makeup of our military's leadership. This was than just those individuals who came to play I first met Brother George when I was elev- not an act of an imperial Congress bent on en years old. I used to play basketball at the or watch a game at the field. His interests controlling every aspect of the Government. old DeLaSalle Collegiate which was across went way beyond athletics, and it was first and Rather, the procedure still used today was, the street from the Detroit City Airport. A few foremost young people, both boys and girls, and is, one further check and balance in our years later, as a member of the Notre Dame and their futures. democracy. It was originally designed to weak- High School Basketball Team, I used to visit He is known for a remarkable memory of en and divide political coloration in the officer Brother George when my school played DeLaSalle and St. Joe Alumni, their families corps, provide geographical balance to our DeLaSalle Collegiate. In the last few years, I and their lives. His rapport with alumni and armed services, and to make the officer corps have had the good fortune to see Brother friends is itself legendary in the Christian more resilient to unfettered nepotism that George occasionally when he returns to Michi- Brother schools. Countless families benefited handicapped European armies. gan. from regular visits to those in the hospital or In 1854, Representative Gerrit Smith of New Born in New York City in 1911 of Irish par- in need of comfort. Brother George never York added a new component to the academy ents, Brother George, who celebrates his 88th drove a car and had to rely a great deal on nomination processÐthe academy review birthday on April 5th, took his first vows as a board. This was the first time a Member of public transportation when the weather or dis- religious brother in 1929. A member of the Congress appointed prominent citizens from tance prohibited walking. So regular were his Class of 1932 from the Catholic University in his district to screen applicants and assist with Washington, D.C., he was sent to DeLaSalle walking rounds throughout the Metropolitan the serious duty of nominating candidates for in Detroit in 1936. Immediately, Brother Detroit area, that he was constantly picked up academy admission. Today, I am honored to George was an innovator. He started an intra- by alumni or friends, or even strangers who continue this wise tradition in my service to mural program that involved more than half of recognized his familiar stature and walk. the 11th Congressional District. the student body. Sunday open gym at People who work in the field of athletics and The Academy Review Board is composed of DeLaSalle attracted so many students that education get great satisfaction from teaching nine local citizens who have shown exemplary commando basketball was invented, some- and coaching young men and women who service to New Jersey, to their communities, thing like today's team handball, with fifty play- make their mark in society. They get an even and to the continued excellence of education ers on a team. He even began a midget bas- greater thrill when a young person they taught in our areaÐmany are veterans. Though from ketball program for boys weighing less than or coached enters their profession. Brother diverse backgrounds and professions, they all 105 pounds. He was assistant athletic director George can be proud to say he taught teach- share a common dedication to seeing that the and coached baseball, football and basketball ers, coached coaches, and was an adminis- best qualified and motivated graduates attend in his first assignment at DeLaSalle which trator of many administrators. Brother George our academies. And, as is true for most volun- lasted for eight years. has left each of them a strong legacy to fol- teer panels, their service goes largely unno- In 1944, with first hand knowledge of the low. ticed. operations of the Detroit Catholic League, I would like to take a moment to recognize Brother George returned to New York City and For 70 years, Brother George Synan has these men and women and to thank them eventually became president of the New York touched the lives of thousands of our citizens. publicly for participating in this important Catholic Schools Athletic Association. In time, On behalf of each and every one of them, I panel. Being on this board requires hard work the New York league began to play its base- rise to publicly thank Brother George for living and an objective mind. Members have the re- ball playoffs at Ebbets Field and the Polo a life of untiring and unselfish dedication to the sponsibility of interviewing upwards of 50 out- Grounds and also started football playoffs. I Christian principle of serving others. Well done standing high school seniors every year in the can't say for sure who started the New York good and faithful servant! academy review process. CONGRESSIONAL RECORD — Extensions of Remarks E255 The nomination process follows a general High School; Peter Steciuk, Convent Sta- Joan Verplanck was elected the first ever timetable. High school seniors mail personal tion, Oratory Prep; John Jiger, Basking female president of the New Jersey Chamber information directly to the Military Academy, Ridge, Immaculata High School. of Commerce in December, 1994. In this posi- the Naval Academy, the Air Force Academy, NAVAL ACADEMY tion she has served as a powerful advocate and the Merchant Marine Academy once they John Ascione, Whippany, Whippany Park for our state's business interests and through become interested in attending. Information in- High School; Guy Budinsak, Jr., Bridge- her leadership, local and regional chambers of water, Bridgewater/Raritan High School; cludes academic achievement, college entry Katherine Comer, Basking Ridge, Academy commerce have coordinated their efforts to test scores, and other activities. At this time, of Saint Elizabeth; Monica Haba, North form a grass-roots network in support of busi- they also inform their Representative of their Caldwell, West Essex High School; Damien ness issues. desire to be nominated. Harder, Sparta, Sparta High School; Thomas Ms. Verplanck was also instrumental in the The academies then assess the applicants, Kennedy, Pompton Plains, Pequannock High creation of the State Chamber Education rank them based on the data supplied, and re- School; Edana Kleinhans, Long Valley, West Foundation which is facilitating science and turn the files to my office with their notations. Morris Central High School; Thomas Mancinelli, Pompton Plains, Pequannock technology training for New Jersey's schools. In mid-December, our Academy Review Board Prior to her election as president of the New interviews all of the applicants over the course High School; Erin Marshall, Kinnelon, Kinnelon High School; Christopher McFad- Jersey Chamber of Commerce, she accumu- of 2 days. They assess a student's a qualifica- den, Chatham, Chatham High School; James lated 18 years of experience managing local tions and analyze character, desire to serve, Poggio, Long Valley, West Morris Central chambers of commerce, including 8 years as and other talents that may be hidden on High School; Brian Ritter, Florham Park, the president of the Morris County Chamber of paper. Bayley-Ellard. Commerce. Ms. Verplanck is also a member Last year, the board interviewed over 30 ap- f of the board of directors of the U.S. Chamber plicants. Nominations included 12 to the Naval of Commerce. Academy, 11 to the Military Academy, 5 to the IN HONOR OF ZULIMA FARBER Air Force Academy, and 2 to the Merchant AND JOAN VERPLANCK, WIN- In addition to her outstanding service Marine AcademyÐthe Coast Guard Academy NERS OF THE BARBARA BOGGS through the Chamber of Commerce, Joan does not use the congressional nomination SIGMUND AWARDS Verplanck also twice chaired the State's con- process. The Board then forwards their rec- ference on women and she currently serves ommendations to the academies by January HON. ROBERT MENENDEZ on the Board of Advisors for Management Education at Rutgers University, the New Jer- 31, where recruiters review files and notify ap- OF NEW JERSEY sey Employment Security Council and the plicants and my office of their final decisions IN THE HOUSE OF REPRESENTATIVES on admission. Dredging Project Facilitation Task Force. Tuesday, February 23, 1999 It is both reassuring and rewarding to know These women, Zulima Farber and Joan that many of our military officers hail from our Mr. MENENDEZ. Mr. Speaker, I rise today Verplanck, exemplify the principles which Bar- hometowns or close by. When we consider to recognize and congratulate Zulima Farber bara Boggs Sigmund stood for as a Mayor, a the role of these officers in peace or war, we and Joan Verplanck for being awarded the freeholder and a public servant. For these tre- can rest easier knowing that the best and Women's Political Caucus of New Jersey's mendous contributions to New Jersey and brightest are in command. Wherever they are Barbara Boggs Sigmund Award for their out- their incredible example as public servants, I sent, be that Bosnia, Somalia, Haiti or Viet- standing contributions to New Jersey and their cannot think of two people more deserving of nam, many of these officers have academy trailblazing efforts on behalf of women. the Women's Political Caucus of New Jersey's training. For over 20 years Zulima Farber has faith- Barbara Boggs Sigmund Award. I salute them And while a few people may question the fully defended and been an advocate for New and congratulate them on this accomplish- motivations and ambitions of some young peo- Jersey's neediest citizens. From 1992 to 1994, ment. ple, the academy review process shows that Ms. Farber was appointed Public Advocate the large majority of our graduates are just as and Public Defender for the State of New Jer- f highly motivated as the generation before sey. As a member of Governor Florio's cabi- them. They still seek guidance from loving net, she faithfully advocated the interests of IN HONOR OF MAYOR KARL KUBB parents, dedicated teachers and schools, and the public in all policy matters. Specifically, from trusted clergy and rabbis. Indeed, every she led efforts to regulate utility rates and pro- time I visit a school, speak at a college, or tect the developmentally disabled, consumers HON. DENNIS J. KUCINICH meet a young academy nominee, I am con- of mental health services, and abused chil- OF OHIO stantly reminded that we as a nation are dren. She also oversaw a major overhaul of blessed with fine young men and women. the management of Public Defender Offices. IN THE HOUSE OF REPRESENTATIVES Their willingness and desire to serve their Being New Jersey's Public Advocate was Tuesday, February 23, 1999 country is perhaps the most persuasive evi- Ms. Farber's most public position, but many dence of all. are not aware of the other aspects of her re- Mr. KUCINICH. Mr. Speaker, today I rise in markable career. As a young woman, her fam- honor of Mayor Karl Kubb for his dedication ACADEMY NOMINEES FOR 1999—11TH CONGRESSIONAL DISTRICT NEW JERSEY ily fled Castro-controlled Cuba and settled in and commitment to the people of Fairview New Jersey. In order to support her family and AIR FORCE Park, Ohio. fund her college education, Ms. Farber got a Donald Cardell, Sparta, Sparta High Karl Kubb has dedicated his life to helping School; Eric Dekelbaum, Basking Ridge, job as a secretary in a law firm of my home- people. He served as Ward 4 Councilman for Ridge High School; Corrie Morris, Landing, town of Union City, New Jersey. After com- four years and Council President for six years. Roxbury High School; Matthew Steenman, pleting an undergraduate and masters degree Mayor Kubb has also served on various politi- Mendham, St. Charles Prep; Sarah Willson, from Montclair State, Ms. Farber received her cal and civil committees during his career. He Rockaway, Morris Catholic High School. JD degree from Rutgers Law School in New- has served as Community Council President MERCHANT MARINES ark. At Rutgers Law she became a founding and initiated and became the first president of Patricia Larkin, Long Valley, West Morris member of and vice-president of the Associa- the Chamber of Commerce in Fairview Park. Central High School; Matthew Slootmaker, tion of Latin American Law Students. Mayor Kubb was the President and Vice Lincoln Park, Mountain Lakes High School. After law school Ms. Farber pursued a suc- President of the Democratic Club and an Ex- MILITARY ACADEMY cessful career as a prosecutor in Bergen ecutive Commander of the American Legion. Joseph Barchetto, Rockaway, Morris County, was named Assistant Counsel to Gov- Knolls High School; Jonathan Cozens, Bask- ernor Byrne and then became the first female Mayor Karl Kubb is a proven public servant. ing Ridge, Ridge High School; Brandon partner of the renowned firm Lowenstein, He has dedicated his life to improving the lives Devlin, Livingston, Livingston High School; Sandler. of the citizens of Fairview Park. He is a man Radford Fagan, Basking Ridge, Ridge High Zulima Farber is a member of the State of enormous talent and vision. His contribu- School; Bryan Gallagher, Rockaway, Morris Court Advisory Committee on Ethics, the tions to the citizens of Fairview Park have Knolls High School; Janet Howson, Madison, been noteworthy. Madison High School; Michael Kay, North Fairleigh Dickinson University Board of Trust- Caldwell, Newark Academy; Charles Larsen, ees, the Meadowlands Hospital Board of My fellow colleagues, join me in saluting a Hopatcong, Hopatcong High School; Chris- Trustees and the State Advisory Committee to man who has dedicated his life to improving topher MacDonald, Sterling, Watchung Hills the U.S. Commission on Civil Rights. the lives of the people of Fairview Park. E256 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 HONORING MR. DON S. MCCLURE portant civic function. Clearly, this election will Not surprisingly, those resources have deterio- FOR HIS PROMOTION OF BLACK demonstrate the strength and diversity of the rated over the years. HISTORY MONTH WITH THE 28 State of Qatar's commitment to democratic ex- The bill we introduce todayÐwith the enthu- DAYS OF FEBRUARY PROGRAM pression. siastic support of our nation's leading environ- The resolution also reaffirms that the United mental, wildlife and historic preservation orga- HON. BOB CLEMENT States is strongly committed to encouraging nizationsÐfulfills that promise of steady, cer- the suffrage of women, democratic ideals, and OF TENNESSEE tain and adequate funding. IN THE HOUSE OF REPRESENTATIVES peaceful development throughout the Middle East. I request that the text of the resolution Resources 2000 will provide permanent, an- Tuesday, February 23, 1999 be printed at this point in the CONGRESSIONAL nual allocations for high priority resource pres- Mr. CLEMENT. Mr. Speaker, I rise today in RECORD for our colleagues' review, and I urge ervation goals; acquisition and sound manage- honor of Mr. Don S. McClure of Memphis, their support for this initiative. ment of public lands, parks and open space, marine and coastal resources, historic preser- Tennessee, for his continual promotion of H. CON. RES. 35 Black History Month with the 28 Days of Feb- vation, fish and wildlife, and urban recreation Whereas His Highness, Sheikh Hamad bin facilities. Our bill provides states, local com- ruary Program, Calendar and Black History Khalifa al-Thani, the Emir of Qatar, issued a Awards Ceremony. decree creating a central municipal council, munities, farmers and others with the re- Mr. McClure's consulting and marketing the first of its kind in Qatar; sources they need to plan and manage our ir- company has successfully developed and im- Whereas on March 8, 1999, the people of the replaceable assets. plemented the 28 Days of February Program State of Qatar will hold direct elections for Funding for our legislation is taken from part a central municipal council; in honor of Black History Month. The program of the over $4 billion currently provided annu- and calendar are now used across the nation Whereas the central municipal council has been structured to have members from 29 ally to federal taxpayers in revenues from off- to educate young people about the vital role of election districts serving 4-year terms; shore oil and gas drilling. The legislation does African Americans throughout history. The pro- Whereas Qatari women were granted the not increase revenues from oil and gas drilling gram has also been used by Professors at the right to participate in this historic first mu- and does not impose any new taxes or royal- International University in Tokyo, Japan, and nicipal election, both as candidates and vot- ties. And unlike the other OCS revenue bills other sites around the world. ers; under consideration, Resources 2000 creates Mr. McClure's vision included launching the Whereas this election demonstrates the no incentives for additional leasing or develop- strength and diversity of the State of Qatar’s 28 Days of February Program from Memphis, ment of offshore oil and gas: not in current Tennessee, and eventually reaching the entire commitment to democratic expression; Whereas the United states highly values areas, and certainly not in areas covered by world with his message of courage and democracy and women’s rights; legislative moratorium. strength from the African American commu- Whereas March 8 is recognized as Inter- Our bill also contains a far more equitable nity. He works each year to change the way national Women’s Day, and is an occasion to individuals view African Americans in our soci- assess the progress of the advancement of distribution of revenues than other bills which ety, and provides valuable information which women and girls throughout the world; and lavish more than half percent of the public's broadens our knowledge of history. Whereas this historic event of democratic money on a half dozen states and short- Don McClure concludes Black History elections and women’s suffrage in the State change the rest of America. of Qatar should be honored: Now, therefore, I am delighted that we are joined in intro- Month each year with a special awards ban- be it quet to honor outstanding individuals in Mem- Resolved by the House of Representatives (the ducing this bill not only by over 20 members phis. The Black History Awards Banquet cul- Senate concurring), That the Congress— of Congress, but also by many of the most minates the annual Black History Month cele- (1) commends His Highness, Sheikh Hamad broad-based, grassroots environmental, parks, bration. For these contributions, today I honor bin Khalifa al-Thani, the Emir of Qatar, for and wildlife organizations throughout this Mr. McClure and wish him continued success his leadership and commitment to suffrage country, including The Sierra Club, The Wil- in all of his endeavors. and the principles of democracy; derness Society, Natural Resources Defense (2) congratulates the citizens of the State f Council, Defenders of Wildlife, National Con- of Qatar as they celebrate the historic elec- tion for a central municipal council on ference of State Historic Preservation Officers, CONGRATULATING THE STATE OF National Parks & Conservation Association, QATAR ON THE OCCASION OF March 8, 1999; and (3) reaffirms that the United States is Preservation Action, National Audubon Soci- THEIR HISTORIC ELECTIONS strongly committed to encouraging the suf- ety, Center for Marine Conservation, US frage of women, democratic ideals, and PIRG, National Recreation & Park Association, HON. BENJAMIN A. GILMAN peaceful development throughout the middle Police Athletic/Activities League (P.A.L.), Na- OF NEW YORK East. tional Alliance of Preservation Commissions, IN THE HOUSE OF REPRESENTATIVES f and Scenic America. Tuesday, February 23, 1999 PERMANENT PROTECTION FOR The effort to provide these funds on a per- Mr. GILMAN. Mr. Speaker, I am pleased to AMERICA’S RESOURCES 2000 manent basis in an idea whose time has sponsor a concurrent resolution congratulating come. Five years ago, I called for permanent, the State of Qatar and its citizens for their HON. GEORGE MILLER full funding for the Land and Water Conserva- commitment to democratic ideals and wom- tion Fund to preserve our parks and public OF CALIFORNIA lands for generations to come. If we can do it en's suffrage on the occasion of Qatar's his- IN THE HOUSE OF REPRESENTATIVES toric elections of a Central Municipal Council with Social Security and with the Highway scheduled for March 8, 1999. Particularly, I Tuesday, February 23, 1999 Trust Fund, we should be able to do the same thank the co-chairs of the Congressional Mr. GEORGE MILLER of California. Mr. with the fund the American people were prom- ised to protect our national environmental Women's Caucus, Rep. CAROLYN MALONEY Speaker, together with 33 House co-sponsors treasures. and Rep. SUE KELLY, for their support and co- and our colleagues Senator BARBARA BOXER sponsorship of this resolution. and Senator ROBERT TORRICELLI in the other I particularly commend the Clinton Adminis- His Highness, Sheikh Hamad Bin Khalifa al- body, I am introducing today the Permanent tration for recognizing the importance of this Thani, the Emir of Qatar, issued a decree a Protection for America's Resources 2000 Act, initiative in its budget request for the fiscal number of years ago creating the Central Mu- historic and sweeping legislation to restore our year 2000. We are committed to working with nicipal Council. In the past year additional de- national commitment to America's resources. the Administration and with the sponsors of cisions about the elections were made, and Resources 2000 is designed to redeem the other congressional initiativesÐSenators Qatari women were granted the right to vote solemn pledge made over 30 years ago to re- MARY LANDRIEU (D-LA) and FRANK MURKOWSKI in this historic first municipal election and to invest the profits from offshore energy produc- (R-AK), and my own chairman Congressman run for office. tion in our public resources. Billions of dollars DON YOUNG (R-AK) and his co-sponsorsÐto Our colleagues agree that the United States have been produced from those offshore craft legislation that restores our resources' highly values democracy and women's rights. lands; and yet Congress and past Administra- legacy, preserves our national environmental Accordingly, the resolution applauds the Emir tions have failed to live up to the initial bargain heritage, protects our coasts, and is enacted of Qatar, for his leadership, and commends that pledged a sizable portion of those dollars on behalf of the American people during the the citizens of Qatar for participating in this im- to resource protection for future generations. 106th Congress. CONGRESSIONAL RECORD — Extensions of Remarks E257 PERMANENT PROTECTION FOR AMERICA’S owners who would otherwise not have the re- TRIBUTE TO COLONEL JAMES W. RESOURCES 2000 sources to participate in such programs. KELLEY, JR. (Authors: Congressman George Miller/ LIVING MARINE RESOURCES: $300 MILLION Senator Barbara Boxer) Funding for the conservation, restoration HON. BARBARA CUBIN Permanent Protection For America’s Re- and management of ocean fish and wildlife of OF WYOMING sources 2000 is a bold initiative to provide the United States. Two-thirds of the total long-promised funding from offshore oil re- IN THE HOUSE OF REPRESENTATIVES would be available to coastal states (includ- sources for the acquisition, improvement and ing Great Lakes States, territories, and pos- Tuesday, February 23, 1999 maintenance of public resources throughout sessions of the U.S.) for the development, re- the United States: public lands, parks and Mrs. CUBIN. Mr. Speaker, I would like to vision, and implementation of comprehen- open space, marine and coastal resources, recognize the outstanding service and dedica- sive ocean fish and wildlife conservation historic preservation, fish and wildlife. Re- tion to this country by one of Wyoming's na- plans. Funds would be allocated to the states sources 2000 will provide permanent, annual by a formula that gives two-thirds weight to tive sons. Colonel James W. Kelley, Jr., origi- funding for high priority resource preserva- a state’s coastal population and one-third nally from Sheridan, Wyoming, is retiring from tion goals: weight to the length of a state’s shoreline. the United States Air Force this month after 30 LAND AND WATER CONSERVATION FUND Minimum and maximum grants sizes will be years of service. (FEDERAL): $450 MILLION utilized to ensure equitable funding among Colonel Kelley has received numerous One-half of the annual $900 million alloca- the states. To be approved, a state ocean fish awards during his successful career in the Air tion of the LWCF would be dedicated to Fed- and wildlife conservation plan must provide Force. Although all of the awards are impres- eral land acquisition purposes. These funds for: an inventory of ocean fish and wildlife sive, I am most impressed by such things as would be used to acquire lands or interests in and their habitat; identification and the Meritorious Service Medal for being di- lands as authorized by Congress for our na- prioritization of conservation actions; mon- tional parks, national forests, national wild- itoring of plan species and the effectiveness rectly involved in five serious Pararescue heli- life refuges, and public lands. of conservation actions; public input; and copter missions that were credited with sav- LAND AND WATER CONSERVATION FUND periodic plan review and revision. ings six lives. Through his work in health and (STATESIDE): $450 MILLION The remaining one-third of funds would be rescue, it is impossible to know how many One-half of the annual $900 million alloca- awarded by the Secretary of Commerce as people are alive today because of Colonel tion of the LWCF would go for matching competitive, peer-reviewed grants for living Kelley's bravery and dedication. An even grants to the States for the acquisition of marine resource conservation. High priority greater number were afforded vital assistance lands or interests, planning, and develop- would be given to proposals involving public/ and comfort in times of need. ment of outdoor recreation facilities. Two- private conservation partnerships, but any I salute Colonel Kelley for his years of serv- thirds of the funds shall be allocated by for- person would be eligible to apply for a grant ice to this country. Although we have come to under this provision. A maximum grant size mula of which 30% shall be distributed equal- expect people of high caliber and dedication in ly among the States, and 70% apportioned on will be established to ensure that a small the basis of the population each State bears number of large projects do not consume the our Armed Forces, Colonel Kelley will be to the total population of all States. One- bulk of the funding in a given fiscal year. missed by the Air Force after his retirement. As an American, I am proud of Colonel third would be awarded on the basis of com- NATIVE FISH/WILDLIFE CONSERVATION, petitive grants. Modifies the requirements of RESTORATION, MANAGEMENT: $350 MILLION Kelley's service. Coming from Wyoming, I am the State Plan in order to be more flexible in proud that one of our native sons has made meeting the purposes of the Act. Permanent appropriation for the conserva- such a vital contribution to the defense of this tion of native fish, wildlife and plants. It URBAN PARKS RECREATION AND RECOVERY amends the Fish and Wildlife Conservation great country. I'm sure I speak for every citi- PROGRAM (UPARR): $100 MILLION Act of 1980 (FWCA, 16 U.S.C. 2901 et seq.) to zen of Wyoming in thanking Colonel Kelley for Matching grants to local governments to make funding available to the states for the his years of service, and in wishing him every rehabilitate recreation areas and facilities, development and implementation of com- success in his endeavors when he retires from provide for the development of improved prehensive native wildlife conservation the Air Force. recreation programs, and to acquire, develop, plans. To be approved, a state’s plan must f or construct new recreation sites and facili- provide for: an inventory of wildlife and its ties. habitat on a state-wide basis; identification IN HONOR OF MAYOR NORM HISTORIC PRESERVATION FUND: $150 MILLION and prioritization of conservation actions; MUSIAL Funding for the programs of the Historic monitoring of plan species and the effective- Preservation Act, including grants to the ness of conservation actions; public input; States, maintaining the National Register of and periodic plan review and revision. Funds HON. DENNIS J. KUCINICH Historic Places, and administer numerous are to be allocated on a formula based one- OF OHIO historic preservation programs. Allows up to third on the area of a state relative to the IN THE HOUSE OF REPRESENTATIVES total area of all the states and two-thirds on one-third of the funds for priority preserva- Tuesday, February 23, 1999 tion projects of public and private entities, the relative population of a state. including preserving historic structures and States are eligible for reimbursement of 75 Mr. KUCINICH. Mr. Speaker, today I rise in sites, as well as, significant documents, pho- percent of the cost of developing and imple- honor of Mayor Norm Musial for his many tographs, works of art, etc. menting state wildlife conservation plans. years of service and countless contributions to LANDS RESTORATION: $250 MILLION Federal funds are only available for plan de- the citizens of North Olmsted, Ohio. velopment costs for the first 10 years. As an Provides funds to undertake a coordinated Norm Musial is a man of enormous talent additional incentive, federal funds will pay program on Federal and Indian lands to re- and vision. His leadership and commitment to for up to 90 percent of: plan development store degraded lands, protect resources that costs during the first three years; and con- his fellow citizens have made a difference in are threatened with degradation, and protect servation actions undertaken by two or more his community. A diplomat and statesman, his public health and safety. states. In addition, in the absence of an ap- contributions to the citizens of North Olmsted ENDANGERED AND THREATENED SPECIES proved plan, the Secretary may reimburse a have been noteworthy. RECOVERY FUND: $100 MILLION state for certain on-the-ground conservation Norm Musial has been an active member of Creates a dedicated source of funding to actions during the first five years of the pro- the North Olmsted community since he and the Fish and Wildlife Service and the Na- gram. his wife Pat moved there in 1963. Mr. Musial tional Marine Fisheries Service for the pur- FARM AND RANGE LAND, OPEN SPACE AND pose of implementing a private landowners is a past president of the North Olmsted Jay- FOREST CONSERVATION GRANTS: $150 MILLION incentive program for the recovery of endan- cees and also has served as president of the gered and threatened species and the habitat Matching, competitive grants to state, North Olmsted Republican Club. In 1967, that they depend on. Monies would be used local and tribal governments for purchase of Mayor Musial was selected as one of ``Five by the Secretaries to enter into ‘‘endangered conservation easements to protect privately Outstanding Young Men of Ohio'', and in 1969 and threatened species recovery agree- owned farm and range land, open space and he was selected as ``North Olmsted Citizen of ments’’ with private landowners, providing forests from encroaching development. To the Year''. grants to (1) carry out activities and protect help communities grow in ways that main- Norm Musial's sense of vision for the future, habitat (not otherwise required by law) that tain open space and viable agricultural sec- would contribute to the recovery of a threat- tors of their economies. Grants could be used combined with his strategic planning back- ened or endangered species or (2) to refrain to match state or local long term bond ini- ground, sensitivity to residents' needs, and ad- from carrying out otherwise lawful activities tiatives approved by voters to preserve green ministrative experience has helped him pro- that would inhibit the recovery of such spe- spaces for conservation, recreation and other vide uncompromised leadership to the people cies. Priority will be given to small land- environmental goals. of North Olmsted. E258 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 My fellow colleagues, join me in saluting the years of technical and legal work and many the Tribal negotiating team; David Hayes, leadership and dedication of Mayor Musial. years of negotiations involving the Chippewa Counselor to Secretary Babbitt and the Fed- f Cree Tribe, the State of Montana, and rep- eral negotiating team; and the water users on resentatives of the United States Departments Big Sandy and Beaver Creeks in the Milk THE AIRLINE PASSENGER of the Interior and Justice. The bill will ratify a River Valley of Montana, that this Compact FAIRNESS ACT OF 1999 settlement quantifying the water rights of the represents a truly local solution that takes into Tribe and providing for their development in a account the needs and sovereign rights of HON. EDOLPHUS TOWNS manner that avoids harm to their neighbors. It each party. Although numerous Indian water OF NEW YORK provides Federal funds necessary for water right settlements have been approved by Con- IN THE HOUSE OF REPRESENTATIVES supply facilities and Tribal economic develop- gress, none have come before us in recent ment, and defines the Federal role in imple- years. In approving the Chippewa Cree Settle- Tuesday, February 23, 1999 menting the settlement. This Settlement bill ment Act, this Congress has the opportunity to Mr. TOWNS. Mr. Speaker, I rise today to has the full support of the Tribe, the State of send the message to western States that we support and acknowledge every airline pas- Montana, the Administration, and the water endorse negotiation as the preferred method senger's right to a certain minimum of service. users who farm and ranch on streams shared of Indian water right quantification, and that For this reason, I have joined my Senate col- with the Reservation. The bill will effectuate a we will defer to States and Tribes to fashion leagues Senator RON WYDEN and Senator settlement that is a textbook example of how their own approach to the allocation of water. JOHN MCCAIN in introducing the Airline Pas- State, Tribal, and Federal governments can I intend to work closely with Members of Con- senger Fairness Act of 1999, H.R. 752. work together to resolve differences in a way gress to ensure passage of this vitally impor- This bill requires airlines to give passengers, that meets the concerns of all. It is also a set- tant bill this year. their customers, decent and quality service. tlement that reflects the effectiveness of Tribal f Once upon a time, customers could count on and non-Tribal water users in working together HONORING MR. JACK VAUGHN, industry and businesses to provide quality in good will and good faith and with respect CHAIRMAN, OPRYLAND LODGING customer service as the price of doing busi- for each other's needs and concerns. GROUP, FOR HIS VISION AND ness. Yet, lately, this industry seems to be op- The Compact quantifies the Tribe's on-res- LEADERSHIP erating under the philosophy that their cus- ervation water rights and establishes a water tomers need them more than they need their administration system carefully designed to customers. The abuses have been plentiful have minimal adverse impacts on downstream HON. BOB CLEMENT and varied, passengers have suffered from a non-Tribal water users, and indeed, to benefit OF TENNESSEE shortage of seating, late or canceled flights downstream users wherever possible. This is IN THE HOUSE OF REPRESENTATIVES without explanation, nonrefundable tickets, quite an accomplishment in an area of Mon- Tuesday, February 23, 1999 and failure to disclose information that would tana with a scarce water supply. The Rocky Mr. CLEMENT. Mr. Speaker, I rise today in enable them to make informed decisions Boy's Reservation is located in an arid area honor of Mr. Jack Vaughn, Chairman, about various airline rates. with an average annual precipitation of 12 Opryland Lodging Group of Nashville, Ten- The facts bare me out on this position. The inches on the portion of the Reservation suit- nessee, for his vision and leadership in creat- 1998 Department of Transportation report stat- able for growing hay. Fortunately, an average ing the internationally renowned Opryland ed that large United States air carriers charge annual snowpack of 30 inches in the Bearpaw Hotel and his outstanding community service. twice as much as their large hub airports, Mountains within the Reservation contributes Mr. Vaughn will officially retire from his du- where there is no low fare competition as they to a significant spring runoff. Effective utiliza- ties at the Opryland Hotel this month but plans charge at a hub airport where a low fare com- tion of that runoff through enlarged or new to continue working in a part-time capacity for petitor is present. Incredibly, the General Ac- storage facilities on the Reservation is a criti- the next two years. After a lengthy career in counting Office discovered that fares range cal part of the settlement package which this the hotel business which began at the Westin from 12 to 17 percent higher at hubs domi- bill represents. Accordingly, $25 million in the Benson Hotel in Portland, Oregon, in 1959, nated by one carrier or a consortium. Also, the budget of the Bureau of Reclamation is ear- Jack Vaughn joined the Opryland Hotel Group Department of Transportation's Domestic Air- marked for specified on-reservation water de- as General Manager in 1975, before construc- line Fares Consumer Report for the Third velopment projects. To meet the future water tion on the original 600 room Opryland Hotel Quarter of 1997 listed seventy-five major city and economic needs of the Reservation, the had even begun. Now in his 24th year with the pairs where fares increased by 30 percent or bill contains an allocation of 10,000 acre feet company, Jack has risen to Chairman of the more year-by-year, while total traffic in these of storage water to the Tribe in Tiber Res- Opryland Lodging Group. Today, Jack Vaughn's beloved Opryland cities pairs decreased by 863,500 passengers, ervoir, a Federal storage facility. Hotel boasts 2,883 rooms and 600,000 square or more than 20 percent. In addition, the bill authorizes the initial feet of meeting and exhibit space, making it This Congress should be about the work of steps of a more extensive process of obtaining a long-term drinking water supply for the Chip- the largest hotel and convention center under reaffirming citizens rights in all aspects of their one roof. His promotion of convention space pewa Cree TribeÐa process that is vital to the life. We have introduced the, ``Patient's Bill of inside of hotels earned him a spot in the Con- survival of the Tribe. Toward that end, the bill Rights'' for those individuals who seek medical vention Liaison Council's Hall of Leaders in authorizes the following: (1) seed money ($15 assistance, and we must support ``The Flight 1988. The Opryland Hotel is one of the most million) toward the cost of a future project to Bill of Rights'' for the 600 million people who successful in the world, and generated reve- use this mode of transportation per year and import drinking water to the Reservation; and nues in excess of 225 million in 1997. are increasingly dissatisfied and endangered (2) funds ($1 million) for the Secretary of the Jack Vaughn's peers have recognized him by substandard service and treatment. Interior to conduct a feasibility study to identify many times. In 1990, Hotels Magazine named f water resources available to meet the Tribe's him ``Independent Hotelier of the World,'' and future drinking water needs, to evaluate alter- later that year he was named ``Resort Execu- THE INTRODUCTION OF THE CHIP- natives for the importation of drinking water to tive of the Year.'' These numerous awards PEWA CREE TRIBE OF THE the Rocky Boy's Reservation, and to assess also include the Arthur Landstreet Award from ROCKY BOY’S RESERVATION IN- on-reservation water needs. The bill also au- the Educational Institute, and the Lawson DIAN RESERVED WATER RIGHTS thorizes funds for a regional feasibility study Odde Award from the American Hotel and SETTLEMENT ACT OF 1999 ($3 million) to evaluate water resources over a Motel Association. broader area of North Central Montana that Mr. Vaughn's achievements extend into the HON. RICK HILL contains two other Indian reservations with community through his involvement in a num- OF MONTANA unquantified and undeveloped water rights. ber of civic organizations. In 1995, he was IN THE HOUSE OF REPRESENTATIVES In closing, I believe it is not an overstate- awarded the American Heart Association's ment to say that the Chippewa Cree Tribe of Heart of the Community Award. He is a past Tuesday, February 23, 1999 the Rocky Boy's Reservation Indian Reserved president of the Middle Tennessee Council of Mr. HILL of Montana. Mr. Speaker, I am Water Rights Settlement Act is a historic the Boy Scouts of America, a board member pleased to introduce a bill to settle the water agreement. It is a tribute to the Governor of for the Nashville Area Chamber of Commerce, rights claims of the Chippewa Cree Tribe of Montana, Marc Racicot, represented by the an executive committee member of the Nash- the Rocky Boy's Reservation in the State of Reserved Water Rights Compact Commission; ville Rotary Club, past chairman of the Metro- Montana. This bill is the culmination of many the chairman of the Tribe, Bert Corcoran and politan Convention Center Commission, and CONGRESSIONAL RECORD — Extensions of Remarks E259 previously served as president, chairman, and Mr. Speaker, on behalf of all the people of pecially the PTA and Camp Ramah, where her director of the Tennessee Hotel and Motel As- our great state and nation, I want to express passion for the Jewish community and its chil- sociation. He has also served the Legal Aid my heartfelt sympathy to his family, and my dren is given full expression every day. Society of Nashville, the Easter Seals Society thanks for all he did to make our democracy Together, Eli and Marilyn Hertz represent of Tennessee, the YMCA Black Achievers stronger in so many ways. The Minnesota the very best in our countryÐa personal devo- Program, the Tennessee Police Athletic Senate has lost a valued officer and treasured tion to service, a professional commitment to League, the Nashville Chapter of the Amer- friend. excellence, and a visionary grasp of the op- ican Cancer Society, the United Way of Ten- f portunities open to all Americans in the future. nessee, and other organizations. I am delighted that the Hertz's many friends On the national level, Mr. Vaughn is a mem- PERSONAL EXPLANATION and admirers are joining to recognize their ac- ber of the Congressional Travel and Tourism complishments, and I am proud to add my ac- Caucus Advisory Council and a past member HON. HERBERT H. BATEMAN colades to this well-deserved tribute. of the White House Conference on Travel and OF VIRGINIA f Tourism Issues Task Force, serving in 1995. IN THE HOUSE OF REPRESENTATIVES IN HONOR OF JAMES LOUIS Jack Vaughn is a community leader and a Tuesday, February 23, 1999 BIVINS personal friend whose leadership and selfless Mr. BATEMAN. Mr. Speaker, along with two contributions have greatly benefited residents of my colleagues, I attended the funeral of of the Fifth Congressional District of Ten- HON. DENNIS J. KUCINICH former governor Mills Godwin of Virginia on nessee. I wish him much success in the years OF OHIO Tuesday, February 2, 1999. As a result, I was ahead and the very best in his retirement. IN THE HOUSE OF REPRESENTATIVES absent for two recorded votes. Both votes f Tuesday, February 23, 1999 were under suspension of the rules. A TRIBUTE TO MINNESOTA SEN- Had I been present, I would have voted as Mr. KUCINICH. Mr. Speaker, I rise today in ATE’S RALPH GRAHAM; A DEDI- follows: honor of James Louis Bivins on his induction CATED PUBLIC SERVANT H.R. 68, Vote No. 7, ``yea.'' into the International Boxing Hall of Fame. H.R. 432, Vote No. 8, ``yea.'' James Louis Bivins has led an admirable f life. He overcame extreme hardships and dis- HON. JIM RAMSTAD appointment, to become a role model to many. OF MINNESOTA A TRIBUTE TO ELI AND MARILYN In his stellar professional boxing career from IN THE HOUSE OF REPRESENTATIVES HERTZ 1940 to 1955 James Louis Bivins went 85± Tuesday, February 23, 1999 25±1 with 31 knockouts. During his career he Mr. RAMSTAD. Mr. Speaker, I rise today to HON. NITA M. LOWEY fought and defeated eight future world cham- OF NEW YORK pay tribute to a great Minnesotan who rep- pions. From June 22, 1942 until February 25, resented the very best in public service for IN THE HOUSE OF REPRESENTATIVES 1946, during Boxing's Golden Age, Jimmy more than three decades as Assistant Ser- Tuesday, February 23, 1999 Bivins was undefeated going 28 bouts without geant-at-Arms for the Minnesota Senate. a loss. Mrs. LOWEY. Mr. Speaker, I rise today to Since his retirement from professional box- Ralph Graham passed away January 28 express my great admiration for Eli and ing James Louis Bivins has given back to the and leaves a loyal legion of friends at the Marilyn Hertz, two outstanding individuals who city of Cleveland. As a world-class hall-of- Capitol in St. Paul, friends and former State will be honored by Camp Ramah in the Berk- fame athlete, Mr. Bivins has served as a men- Senators like me, who benefited so greatly shires on March 13, 1999. tor to hundreds of young boxers in his thirty from his wit, wisdom and key assistance. Eli Hertz, the founder and President of the years as a trainer on the west side of Cleve- Mr. Speaker, when I was first elected to the Hertz Technology Group, is a towering figure Minnesota Senate, Ralph Graham was one of land. in the personal computer industry. His comput- My fellow colleagues, please join me in hon- the first people I met. His dedication to the ers have won numerous awards and are wide- oring Mr. Bivins for his induction into boxing's Minnesota Senate and the law-making proc- ly recognized among industry professionals most hallowed club. ess was truly impressive. He quickly became and observers as the gold standard in quality, f a trusted friend and I was often blessed to be performance, and affordability. Marketing the recipient of his pragmatic, bipartisan in- Computers lauded Hertz's vision, noting that KAZAKSTAN’S PRESIDENTIAL sights on the important issues facing our state he is ``able to shift with industry changes * * * ELECTION and the Legislature. a barometer of the future.'' He was very proud of his job, and that's Eli Hertz's devotion to public service is as HON. CHRISTOPHER H. SMITH why he excelled at it. He kept watch over the strong as his commitment to professional ex- OF NEW JERSEY Senate like a father over a child, the pride evi- cellence. His efforts to build a strong Jewish IN THE HOUSE OF REPRESENTATIVES dent in his face and every gesture. The com- community and a healthy relationship between mitment he brought to his job each and every the United States and Israel are especially no- Tuesday, February 23, 1999 day was inspiring. table. Mr. SMITH of New Jersey. Mr. Speaker, I Mr. Speaker, Ralph's heart, energy and Among the important organizations benefit- rise today to bring to the attention of my col- dedication made coming to the Senate a spe- ting from Eli Hertz's leadership are the Joint leagues disturbing news about the presidential cial pleasure. He guarded the Senate cham- High Level Advisory Panel to the U.S. Israel elections in Kazakstan last month, and the ber's doors and decorum with a patient yet re- Science & Technology Commission, the Advi- general prospects for democratization in that lentless zeal, plainly revealing a love for his sory Board for the New York-Israel Economic country. On January 10, 1999, Kazakstan held job and deep respect for the integrity of the Development Partnership, the America-Israel presidential elections, almost two years ahead Minnesota Senate. Chamber of Commerce and Industry, and the of schedule. Incumbent President Nursultan Ralph's sense of history and duty to his American-Israel Public Affairs Committee. Mr. Nazarbaev ran against three contenders, in state and country was most remarkable. His Hertz sponsored and authored portions of the country's first nominally contested election. father, Charles, also worked at the Capitol. Partners for Change: How U.S.-Israel Co- According to official results, Nazarbaev re- And for nearly 40 years, Ralph helped our na- operation Can Benefit America, a highly-re- tained his office, garnering 81.7 percent of the tion's brave veterans by working as an X-ray spected blueprint for a new Middle-east. vote. Communist Party leader Serokbolsyn technician at the Minneapolis Veterans Medi- Marilyn Hertz is herself an expert in com- Abdildin won 12 percent, Gani Kasymov 4.7 cal Center and, before that, as a messenger puter programming, with extensive experience percent and Engels Gabbasov 0.7 percent. in the veterans hospital's administration de- as a lecturer, as well as a co-founder and The Central Election Commission reported partment. principal officer of the Hertz Technology that over 86 percent of eligible voters turned Mr. Speaker, Ralph Graham's pride and Group. Now responsible for human resources out to cast ballots. performance set a tremendous example for and general management, Mrs. Hertz has Behind these factsÐand by the way, none generations of Senators and their staffs. His been invaluable to the company's success and of the officially announced figures should be values, devotion to Senate traditions and the growth. taken at face valueÐis a sobering story. dignity he brought to the chamber will be sore- Marilyn Hertz is also active in a wide range Nazarbaev's victory was no surprise: the en- ly missed. of civic and charitable organizations, most es- tire election was carefully orchestrated and the E260 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 only real issue was whether his official vote iently removed the age limit of 65 years. More- Restoring America's Sense of Direction'' (CON- tally would be in the 90sÐtypical for post-So- over, since 1996±97, Kazakstan's authorities GRESSIONAL RECORD, Feb. 13, 1997) and is viet Central Asian dictatorshipsÐor the 80s, have co-opted, bought or crushed any inde- aptly titled ``Following the Wrong Compass. which would have signaled a bit of sensitivity pendent media, effectively restoring censor- The True State of the Union.'' to Western and OSCE sensibilities. Any sus- ship in the country. A crackdown on political In his first presentation. Balint discussed the pense the election might have offered van- parties and movements has accompanied the four principles which form the basis of the ished when the Supreme Court upheld a lower assault on the media, bringing Kazakstan's American system of governance as adopted court ruling barring the candidacy of overall level of repression closer to that of by the FoundersÐthe founding principles of Nazarbaev's sole plausible challenger, former Uzbekistan and severely damaging the rule of law, individual rights, the guarantee Prime Minister Akezhan Kazhegeldin, on Nazarbaev's reputation. of property, and a common American identity whom many oppositions activists have fo- Despite significant U.S. strategic and eco- for all of us. In this latest effort, Balint con- cused their hopes. The formal reason for his nomic interests in Kazakstan, especially oil trasts these founding principles with the cur- exclusion was both trivial and symptomatic: in and pipeline issues, the State Department has rent social agenda of the leftÐsocial justice, October, kazhegeldin had spoken at a meeting issued a series of critical statements since the group rights, entitlement and multiculturalism. of an unregistered organization called ``For announcement last October of pre-term elec- Balint shows how this alternative agenda is Free Elections.'' Addressing an unregistered tions. These statements have not had any ap- not only contrary to America's founding prin- organization is illegal in Kazakstan, and a parent effect. In fact, on November 23, Vice ciples, but is in direct conflict with those prin- presidential decree of May 1998 stipulated President Gore called President Nazarbaev to ciples. Mr. Speaker, I recommend to you and my that individuals convicted of any crime or fined voice U.S. concerns about the election. colleagues that we read and consider the im- for administrative transgressions could not run Nazarbaev responded the next day, when the portant thoughts contained in Balint Vazsonyi's for office for a year. Supreme CourtÐwhich he controls com- Of course, the snap election and the presi- speech, ``Following the Wrong Compass: The pletelyÐfinally excluded Kazhegeldin. On Jan- True State of the Union.'' dential decree deprived any real or potential uary 12, the State Department echoed the challengers of the opportunity to organize a ODIHR's harsh assessment of the election, [Given at the Heritage Foundation, Washington, DC, Jan. 20, 1999] campaign. More important, most observers adding that it had ``cast a shadow on bilateral FOLLOWING THE WRONG COMPASS: THE TRUE saw the decision as an indication of relations.'' STATE OF THE UNION Nazarbaev's concerns about Kazakstan's eco- What's ahead? Probably more of the same. nomic decline and fears of running for reelec- About two years ago, I gave a speech here Parliamentary elections are slated for October with the title ‘‘Four Points of the Compass: tion in 2000, when the situation will presum- 1999, although there are indications that they, Restoring America’s Sense of Direction.’’ I ably be even much worse. Another reason to too, may be held before schedule or put off would like to begin with a review of Ameri- hold elections now was anxiety about the un- another year. A new political party is emerg- ca’s response to that compass. As some of certainties in Russia, where a new president, ing, which presumably will be President you recall, the attempt was to condense the with whom Nazarbaev does not have long-es- Nazarbaev's vehicle for controlling the legisla- most essential, most indispensable aspects of tablished relations, will be elected in 2000 and America’s founding principles into a prac- ture and monopolizing the political process. tical tool—easy to remember, easy to apply. may adopt a more aggressive attitude towards The Ministry of Justice on February 3 effec- Much is said about the ways America was Kazakstan than has Boris Yeltsin. tively turned down the request for registration meant to be, and what the Founders had in The exclusion of would-be candidates, along by the Republican People's Party, headed by mind. But usually it is couched in very loose with the snap nature of the election, intimida- Akezhan Kazhegeldin, signaling Nazarbaev's terms, partly because fewer and fewer people tion of voters, the ongoing attack on independ- resolve to bar his rival from legal political ac- these days take the trouble to actually read- ent media and restrictions on freedom of as- tivity in Kazakstan. Other opposition parties ing what the Founders have written. Most sembly, moved the OSCE's Office for Demo- disappointingly, members of Congress who which have applied for registration have not actually take an oath upon the Constitution cratic Institutions and Human Rights (ODIHR) received any response from the Ministry. of the United States give us speeches day to call in December for the election's post- Mr. Speaker, the relative liberalism in after day, and television interviews night ponement, as conditions for holding free and Kazakstan had induced Central Asia watchers after night, revealing in the process that if fair elections did not exist. Ultimately, ODIHR to hope that Uzbek and Turkmen-style repres- they ever read the Constitution, it was a refused to send a full-fledged observer delega- sion was not inevitable for all countries in the long, long time ago. Of course, they might tion, as it generally does, to monitor an elec- simply have a different edition. region. Alas, all the trends in Kazakstan point In any event, trying to sum up the most es- tion. Instead, ODIHR dispatched to Kazakstan the other way: Nursultan Nazarbaev is head- sential principles in a manageable number, a small mission to follow and report on the ing in the direction of his dictatorial counter- gave me the idea two years ago of choosing process. The mission's assessment concluded parts in Tashkent and Ashgabat. He is clearly four—because a compass has four points and, that Kazakstan's ``election process fell far resolved to be president for life, to prevent any like a compass, these principles have pro- short of the standards to which the Republic of institutions or individuals from challenging his vided America’s bearings. And so, I proposed Kazakstan has committed itself as an OSCE grip on power and to make sure that the the rule of law—always point North—individ- participating State.'' That is an unusually ual rights, the guarantee of property, and a trappings of democracy he has permitted re- common American identify of all of us. strong statement for ODIHR. main just that. The Helsinki Commission, In these two years, the ‘‘Four Points’’ have Until the mid-1990s, even though President which I co-chair, plans to hold hearings on the been made part of the Congressional Record Nazarbaev dissolved two parliaments, tailored situation in Kazakstan and Central Asia to dis- and printed in many places: as a Heritage constitutions to his liking and was singlemind- cuss what options the United States has to Lecture, in Imprimis, in many newspapers edly accumulating power, Kazakstan still convey the Congress's disappointment and to and periodicals, as well as in Representative American Speeches. The Republican Na- seemed a relatively reformist country, where encourage developments in Kazakstan and various political parties could function and the tional Committee decided to publish a ver- the region towards genuine democratization. sion of it as the cover story in Rising Tide media enjoyed some freedom. Moreover, con- f and it became the foundation of the book sidering the even more authoritarian regimes ‘‘America’s 30 Years War: Who is Winning?’’ of Uzbekistan and Turkmenistan and the war ‘‘FOUR POINTS OF THE COMPASS’’: We have held panel discussions on Capitol and chaos in Tajikistan, Kazakstan benefited BALINT VAZSONYI’S DIRECTION Hill, and town meetings around the country. by comparison. FOR AMERICA—PART TWO There seems to be general agreement about In the last few years, however, the nature of their validity, and opposition comes only Nazarbaev's regime has become ever more from those who have a bone to pick both HON. GEORGE RADANOVICH with America’s Founders and with the U.S. apparent. He has over the last decade con- OF CALIFORNIA Constitution itself. centrated all power in his hands, subordinating IN THE HOUSE OF REPRESENTATIVES Town meetings, and the ongoing conversa- to himself all other branches and institutions of tion with the American people via radio and government. His apparent determination to re- Tuesday, February 23, 1999 television talk shows in the last two years, main in office indefinitely, which could have Mr. RADANOVICH. Mr. Speaker, I rise have persuaded us that is a good path to fol- low. People find it helpful as a tool, not only been inferred by his actions, became explicit today to enter into the RECORD the second in debates, but also for evaluating public pol- during the campaign, when he told a crowd, ``I major speech by my friend Balint Vazsonyi at icy. would like to remain your president for the rest the Heritage Foundation. This speech follows Here is how it works. Every time somebody of my life.'' Not coincidentally, a constitutional up on themes which Balint developed two proposes a new law, a new statute, or an ex- amendment passed in early October conven- years ago in ``Four Points of the Compass: ecutive order, you ask whether it passes CONGRESSIONAL RECORD — Extensions of Remarks E261 muster when held against the standard of and every one of them. But let’s take social is there to celebrate?’’ We didn’t celebrate the ‘‘Four Points.’’ The answers are easy be- justice at face value, just for the moment. Is that we have arms and fingers, or other cause they either do or they don’t. If they anyone willing to define what it actually things we are born with. If you look around don’t, then they have no place in the United means? To date, I have not been able to find just this room, we have a lot to celebrate States of America. Without that compass, a single person who can do that, because it right here, because we are all different. It is what would make us American? means something different every day. (I have just one of those nonsensical things, except Taking the points one by one; Everybody been offering a reward of $1,000 to anyone that—while it is easy to make fun of it all— seems to agree that the rule of law is a good who can propose a lasting definition.) The for many, it is deadly serious. It is serious thing. Alas, most people don’t quite know Constitution, on the other hand, is the for us, too, because this compass is likely to what that means. One must read Article VI same—day in day out. There is nothing am- guide the 70% of Americans who give the of the Constitution which says ‘‘This biguous about phrases like ‘‘Congress shall President that approval rating. And if that Constitution . . . shall be the supreme law make no law . . .’’ or: ‘‘The right of the Peo- compass is something to be taken seriously, of the land.’’ Then, the proposition becomes ple to . . . shall not be abridged,’’ or: ‘‘All we have to give it a name. clear. Individual rights are more problematic legislative powers are hereby vested in a Why not call the original one—the rule of because one of the developments during the Congress of the United States.’’ These are fi- law, individual rights, the guarantee of prop- last 30 years was the proliferation of all sorts nite statements. For social justice to be a erty and common American identity—the of ‘‘rights’’ which masquerade as individuals plausible replacement for the rule of law, it ‘‘American way’’? That is a fair designation rights even though they are, in truth, group would have to offer comparable consistency, because these are the essentials which define rights. In other words, these rights are but of course it can not. It is almost painful America. How do we find a name for the claimed by certain people because of their to watch critics of the Constitution wres- other compass? Let us work backwards. membership in a particular group. Of course, tling with this problem, desperately trying Multiculturalism is really another form of the Constitution does not permit any such to claim that the rule of law and the pursuit redistribution, only it is cultural goods being thing. Advocates of group rights learned how of social justice can indeed live side by side. redistributed. Redistribution grows out of to dress up their demands as individual I submit they cannot and intend to dem- group rights, because certain groups are en- rights, and it is alarming how often they get onstrate it. titled to the fruits of redistribution, whereas away with it. Group rights of course do not require too others are not. And, of course, the whole idea Yet the most troubling for all critics of the much explanation. Again, the Constitution of group rights grows out of the search for, Founding is the third one, the guarantee of of the United States offers absolutely no and the pursuit of, social justice—whatever property. It is amazing how strong an emo- foundation for any kind of group right. In that means. tional reaction it draws, which really proves fact, it knows nothing about groups, only So, here we are, looking for a name. How what the English already knew when they about individual citizens, or ‘‘The People.’’ should one call this doctrine, this compass? wrote the Magna Carta in the year 1215: That There is nothing in between. Thus, every ‘‘Multi’’ does not suggest an all-purpose label, and ‘‘entitlement compass’’ just the guarantee of property and the guarantee group right is in fact illegitimate. The trag- doesn’t sound good. ‘‘Good compass’’? It does of liberty are joined at the hip. You either edy is that not only judges and the executive not make much sense. How about going back have both or neither. The absolute ownership branch, but Congress, too, participated in to its North Star: social justice. Of course, of property is such a troubling idea for the the enactment of various statutes that con- justice is something that the English already other side that even the most benevolent firm rights upon groups. Worse yet, a Repub- contemplated in the Magna Carta and, cer- among them is unable to stomach it. lican Presidential Candidate, Senator Bob The common American identity is some- Dole takes great pride in having engineered tainly, the Framers have established in the thing to which, again, many pay lip service, the Americans with Disabilities Act—one of Constitution. We need to focus on the first word in this two-word construct. Perchance while making the greatest effort to do away the more recent creations of group rights. I we could make a noun of the adjective? with it. One person who, to my surprise, re- suppose, some of you may say, ‘‘don’t dis- Words ending in ‘‘-ism’’ are often used for po- cently paid lip service to it, was the Presi- abled Americans have rights?’’ Of course litical programs. If we add this to the adjec- dent last night, toward the end of his State they do: exactly the same rights as every tive, SOCIAL-ISM comes out as the logical of the Union speech. And, of course, one other American. They don’t have rights be- designation for this compass. wished for an opportunity to ask him when cause they are disabled, they have rights be- Are we in trouble! We will be advised im- he was going to issue the next executive cause they are Americans. And you can sub- mediately that this is not going anywhere— order to set women against men, black stitute anything else for ‘‘disabled’’ and just look at where Joe McCarthy ended! But against white, children against their par- come to the same conclusion. There is all the what if he didn’t go about it the right way, ents, and South Americans against Euro- difference between pointing to certain people because socialism was hurled at people as an peans. Because that is certainly what his ad- and saying: these Americans have not been accusation, as a pejorative, derogatory term? ministration has been doing in spades ever given their full constitutional due. That’s In any event, as an inflammatory word? Of since 1993. one thing. It is quite another to isolate a course, then we were engaged in a war—cold By now, it must be clear that there is an- group and say, ‘‘we must give these people most of the time, hot some of the time— other compass in our midst, and perhaps the their own, special rights.’’ against the Soviet Union, and we saw the So- time has come to look at what that other And what could be more different than the viet Union as the representative of social- compass is. It, too, has four points. Its North guarantee of property on one side and redis- ism. Even so, McCarthy came to grief. And Star is the pursuit of social justice; instead tribution on the other? Property is every- now, when the Soviet Union is gone, most of individual rights, it promotes group thing we own—the shoes you wear, the sal- would think it ridiculous to invoke social- rights; instead of the guarantee of property, ary you make. The other compass calls for ism. But what if the problem is the way we it advocates redistribution through entitle- its redistribution, because certain people are think of the word, and the way we look at ments; and in place of our common American ‘‘entitled’’ to it. Here is another word: enti- what socialism is. identity, it favors what it calls tlement. Is there anything in the Constitu- That is really where I would like to get multiculturalism. I think we need to exam- tion of the United States that entitles any- your ear today, and your active help in the ine these four points and try to understand body to the fruits of the labor of another per- future. what they mean. We need to, because of son? For that is what entitlement means, Socialism, I believe, is the appropriate, something the president said in his second nothing less. The only way a person may be scholarly, utterly unemotional designation Inaugural Address. entitled to another persons’s possessions is if of a grand philosophical idea in Western Civ- On January 20, 1997, Mr. Clinton called for we disregard the Constitution. ilization. Ever since Descartes started think- a new government for the new century. And so we come to the last point, ing about thinking, and other French phi- Given that in the entire history of our na- multiculturalism. If the suggestion is that losophers followed in the 18th Century, then tion the only previous call for a new govern- we should look beyond our own borders and Germans picked it up where the French had ment was issued in the Declaration of Inde- not merely read American literature or look left off, socialism has been in the making. pendence and not since, I thought then and I at solely American paintings, then I would For a long time, then, socialism has been certainly think now that, on this occasion, say every decent school for a very, very long with us as ‘‘the other grand idea’’ of Western we must take the President seriously. There time has taught World History, and World Civilization, and will remain with us as long is also every reason that such a new govern- Literature, and World everything. We really as there is an ‘‘us.’’ There is nothing deroga- ment would be guided by that ‘‘other’’ com- didn’t need a multicultural movement for tory about it, and there is nothing ‘‘red’’ pass. that. If on the other hand the idea is that ev- about it. Socialism is an idea about inter- What of its four points? First, social jus- erything has the same value, and that those preting the world, and charting the future, tice. The phrase sounds good, always has, al- who have not produced literature should be that has had the benefit of some of the best ways will. Social justice, after all, is justice given literature, and the rest of us be re- minds in the history of the planet, and has isn’t it? Well, the Preamble of the Constitu- quired to study it in order to give the ap- held—and continues to hold—tremendous ap- tion speaks about the establishment of jus- pearance that every nation has literature peal to vast numbers of people. It deserves to tice. Does ‘‘social’’ add anything to that? If worth reading—that’s something entirely be taken seriously, and it needs to be en- you look up F.A. Hayek, you find that he different. gaged on philosophical grounds. In every lists about 168 nouns that have acquired the Multiculturalism claims to celebrate our sense of the word, it holds the opposite view qualifier ‘‘social’’ to the detriment of each diversity, so here is another question: ‘‘What of everything this country was built on. E262 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 The ‘‘Four Points of the Compass,’’ pre- Italy where it was called the Fascist Party happened throughout this century—they sented to you two years ago, represented a of Mussolini, Mussolini’s personal version of reach for the people who are willing to die set of principles. Our American way is built the Italian Socialist Party from which he for them. And those were the British and the on principles. These principles were laid had been expelled. It was brown in Germany Americans. The alliance lasted as long as the down to create a set of conditions within under the National Socialists, but currently, French were in need. Read French philoso- which the citizens of this country can pursue in the same Germany, it is green. It wears phers, listen to French socialists and com- their individual happiness—not social jus- blue at the United Nations. Want more col- munists who are daily guests on our college tice—their individual happiness, least hin- ors? If you really want a Rainbow Coalition, campuses today. Like the Germans, they dered, with the fewest possible obstacles in look at socialism around the world. So, first preach the socialist gospel. Exception: Vol- their path. Thus, principles create conditions let us not get stuck on color. Second, please taire. He admired the British political sys- which are simply there as a tent under which let us not get stuck on a particular regime. tem and, when he openly said so in France, people are safe and secure in their lives— There is all this confusion about socialism, the authorities issued a warrant for his ar- their livelihoods, their possessions—and are communism, fascism. But we will know how rest. able to do their best. to make head or tail of them once we realize Let us, then, rid ourselves of these confus- Socialism, as the four points of its compass that they all study the same books. ing images and understand that these two gi- demonstrates, has no principles. It has an Fascism was simply Mussolini’s version for gantic ideas have been, are, and will be fight- agenda. The pursuit of social justice is an Italy, having nothing whatever to do with ing it out to the end. agenda. The creation of group rights is a the National Socialist German Workers How does this affect the state of our na- continuation of that agenda. Redistributing party—Hitler’s party—which ruled Germany tion? the fruits of society’s combined labors is an during the years of the Third Reich. It was Last night, the President would have you agenda. This is extremely important to real- Stalin who thought it might be just a little believe that it was just wonderful. It might ize because we have become very, very im- uncomfortable and embarrassing for the So- be a matter of your vantage point, I think. precise in our use of words. We ought not to viet Union—the Union of Soviet Socialist Certainly, the Dow Jones has never been speak of the legislative goals of the Amer- Republics—to have Hitler, too, designated as higher, but don’t let that fool you. Having ican side as an ‘‘agenda’’ because voters can a socialist. So he ordered everyone, includ- lost the university decades ago, we then lost say: ‘‘well, he has this agenda, and she has ing his American agents—you remember, the the high schools, and now we have lost the that agenda and it’s my right to choose ones that McCarthy was so dastardly to ex- entire educational establishment, all the which agenda I like.’’ I don’t believe that the pose?—to start referring to Hitler’s Germany way down to the day care center. Our chil- American way calls for an agenda. There as ‘‘fascist.’’ It never was. It was a national dren are being brought up to be socialists. may be specific legislative initiatives, there socialist regime. And to point to minute dif- Nothing else. Our media is manned and may be needs of the nation to be met, but I ferences between it and the Soviet Union womanned mostly by socialists. If you doubt don’t believe that the Framers gave us an doesn’t make practical sense because the So- that, just remember that last week not a sin- agenda. They gave us specific principles, ar- viet Union had 70-plus years to develop its gle network carried the charges against the ticulated as laws, within which we are free ways. Hitler’s Germany existed only for six president on the Senate floor, but yesterday to pursue to our benefit—and to no one else’s years in peace time. After that it was en- when the president’s case was to be pre- detriment—whatever is our life’s dream. So gaged in a world war. Even during those six sented, all network programs were pre- first of all, we have to realize that there are years, it was preparing the war, and so the empted. Congress accommodates a growing principles on one side, and an agenda on the various deviations from orthodox socialism number of representatives and senators who other. Principles provide the floor under really should not cloud the issue. We have to think nothing of inventing entire new pas- your feet. An agenda pulls you in a certain remember, also, that Karl Marx, already in sages for the Constitution, or reveal them- direction. One is guided by principles, one is the communist manifesto of 1848 differen- selves as nothing more than members of the driven by an agenda. I am just trying to say tiates among no fewer than seven versions of phalanx that surrounds the executive this in as many ways as I possibly can. socialism, all of which he rejects in favor of branch. United States Senators have taken Socialism cannot coexist with the rule of his own, which he calls Communism. to announcing their verdict before, or right law because the most important aspect of Communism is nothing other than the cas- after, taking an oath upon being impartial the rule of law is its consistency. Yes, the tle at the end of the climb for all socialists. jurors. Constitution may be amended through a And please believe me there is no difference If we really mean business, we have to use very specific process and that’s an important between this socialist and that socialist, and our chief asset. Yes, socialism is a great aspect of it. But its fundamental tenets—lets social democrat, and democratic socialist, asset. We tend to engage in lengthy discus- make no mistake about that—will never and progressive, and liberal, and ‘‘people for sions about esoteric matters, like high taxes, change because, if we amend those, the re- the third way’’—we are given different labels low taxes, big governments, small govern- sult will no longer bear any resemblance to all the time. It is all socialism, and all of it ments. I say esoteric, because they are not the Constitution of the United States. leads to communism—yes, communism, and tangible. What is high? What is low? What is Thus, the rule of a law functions as a con- let us not be afraid of that word any longer. big? What is small? Instead of interminable stant, whereas the pursuit of social justice It will be a glorious time, we are told, for hu- debates, which our side loses almost all the demands that we change the law everyday in manity when communism is established, and time, let us look Senator Kennedy, Senator order to accomplish the agenda—which also when social justice will have come to every Wellstone, Senator Boxer—the list goes on— changes everyday. I submit that the label ‘‘socialism’’ is the man, woman and child in the world, for in the eye and say: ‘‘What you are advocat- one tool we possess that we have not used, that’s what communism is: One World, in ing Senator (or Mr. President, or Mrs. Presi- and that could be our salvation. Not only be- which social justice has been accomplished. dent) is covered by a very simple word, and cause truth in labeling always helps. Let us Other issues tend to be confusing as well. the word is socialism. If you think it’s great, not think of it as labeling, but as truth. The Generically, the American way can also be why don’t you tell us more about it?’’ And: truth always helps, especially against an ad- called the Anglo-American way of interpret- ‘‘Why don’t you tell us why you believe in versary that always runs from the truth. To ing the world and charting the future. By the it?’’ use the word effectively, we have to under- same token, the opposite view may be called ‘‘Are you calling me a socialist, sir? I de- stand what socialism is, and what it is not. ‘‘Franco-Germanic.’’ To begin with, only mand an apology.’’ ‘‘No, sir, I am not calling Socialism is not red, or any other single these four countries engaged in systematic you anything. You are proposing a socialist color. The Soviet Union was but an episode thinking about these matters over the cen- agenda.’’ Isn’t that a great deal simpler than in Socialism’s three-hundred-year history. It turies. Individuals from other countries have trying to explain why it is not mean-spirited was a long one, a troublesome one. But good- made contributions, but only in these four to oppose the next federal education pro- ness knows, Nazi Germany was most trouble- countries—England, France, America, and gram? Isn’t it a great opportunity to say: some, even though that lasted only 12 years. Germany—have there been schools of politi- ‘‘My position on the issue derives from Eventually, it passed, the Soviet Union cal philosophy. The four schools resulted in America’s founding principles; would you passed, Mao Tse Tung passed away, and even two conflicting ideas. They are in conflict tell the country where your position derives Castro won’t live forever. All these have with regard to morality, law, and economic from?’’ Unless we will find it in our hearts to been episodes. These are not our true adver- principles—in conflict all the way. engage in this type of dialogue, unless we saries. Our adversary is The Idea, this intoxi- Thus, the divider has always been the find the courage to fight the elections in cating idea that is able to dress up in local English Channel and not the Iron Curtain. Of 2000—possibly our last chance to divert a colors and plug into the deepest yearnings of course, the English Channel has been there long-term disaster—by calling the compass any nation. all the time, whereas the Iron Curtain was a of the other side what it really is, I don’t In America, it did so in spades about 30 very temporary fixture—thank goodness. think we should blame others, least of all years ago. It found all the hot buttons of But if that is true, how is it possible that the American people, for losing that elec- Americans, so there are millions of decent France and England were allies in both world tion. Americans today who honestly believe that wars? Not difficult. Philosophically, as the Millions of ordinary Americans appear to the socialist agenda they have signed on to books in our libraries confirm, the perma- have accepted, and be promoting, the social- has American roots. nent alliance is between France and Ger- ist agenda. There is every reason to believe Back to colors. Socialism may have been many. But naturally, when France is at- that many minds would be changed if they red in the Soviet Union, but it was black in tacked and is unable to defend itself—as it were brought fact-to-face with socialism as CONGRESSIONAL RECORD — Extensions of Remarks E263 the doctrine they are following and advocat- INTRODUCTION OF THE GENERIC RETURN THE FORESTS BACK TO ing. We must explain that this is not ‘‘hate DRUGS ACCESS ACT OF 1999 THE PEOPLE speech,’’ but simply the appropriate designa- tion. If we de-demonize and re-legitimize the word socialism, and reintroduce it to its ap- HON. FRANK PALLONE, JR. HON. MARY BONO propriate place, I guarantee the outcome is OF NEW JERSEY OF CALIFORNIA going to be different. So we at the Center for IN THE HOUSE OF REPRESENTATIVES the American Founding are going to issue a IN THE HOUSE OF REPRESENTATIVES call to all good people, especially those who Tuesday, February 23, 1999 Tuesday, February 23, 1999 care deeply, such as yourselves, to engage in retreats, and seminars, and discussions, so Mr. PALLONE. Mr. Speaker, the high cost Ms. BONO. Mr. Speaker, I rise to announce that our own side can understand anew what of prescription drugs is one of the most press- the introduction of the Forest Tax Relief Act socialism is, and what it is not. ing health care issues confronting the coun- (H.R.Ð), an important bill to let all our citizens And once we do that, we shall never look try's senior citizens, employers, managed care enjoy the forests free from burdensome taxes. back. plans, state and federal drug programs. Con- I am proud to announce that I have co-au- thored this bi-partisan bill with my dear col- f trolling drug costs will be no easy task. One time-tested method, however, is timely access league, Representative LOIS CAPPS (D±CA.) MEETING THE NEEDS OF OUR and availability of generic medicines once the Our original co-sponsors include Congress- NATION’S SENIOR CITIZENS patent on brand name drugs expires. man MERRILL COOK (R±UT), Congressman PETER DEFAZIO (D±CA) and Congresswoman Generic competition has a dramatic impact JO ANN EMERSON (R±MO). on pharmaceutical costs. When a generic drug HON. WILLIAM F. GOODLING Due to enabling legislation passed by a pre- OF PENNSYLVANIA first comes onto the market, it typically costs vious Congress, the United States Forest 30 percent less than the brand name version. IN THE HOUSE OF REPRESENTATIVES Service has implemented a new pilot project After two years on the market, the prices drop Tuesday, February 23, 1999 charging day users a per car fee to park on further to 60 or 70 percent of the brand name public lands. Dubbed the ``Adventure Pass'' by Mr. GOODLING. Mr. Speaker, today, I drug. The price of some generic drugs drop by the US Forest Service, this is nothing but a would like to associate myself with the re- as much as even 90 percent. marks of Mr. MCKEON regarding the Older new tax on using public lands. Many of my While these competitively priced alternatives Americans Act Amendments of 1999. For far constituents question the fairness and merits are good for consumers, employers and gov- too longÐsince 1995Ðthe Older Americans of this tax, and I share their concern. This tax ernment purchasers, they are not good for the Act has been left unauthorized. It is time we goes against the concept of experiencing our brand name producer trying to maintain and remedied this situation by working across free and open land making it a hardship on protect monopolistic pricing. If there is no ge- party lines to fashion a bipartisan solution. locals and visitors alike. neric alternative available, consumers who I have seen firsthand in my district how the Within the forests of the 44th Congressional need medicine have no choice but to buy the Area Agencies on Aging work together with district, the per car fee for an Adventure Pass available brand drug and pay whatever it senior citizens to ensure that their lives are is $5. To residents in the communities of costs. It is for this reason that brand name filled with dignity and self-respect. Without the Idllywild, Anza, Hemet and San Jacinto and drug companies launch aggressive campaigns essential programs of the Older Americans Act tourists who come to enjoy these precious to block or delay generic competition. millions of seniors would be relegated to a lands, this fee is a source of much con- world of almost complete isolation. One tactic used by the brand industry to troversy. We have come to expect the free- I applaud the work of Mr. BARRETTÐwho prevent generics from reaching the consumer dom to enjoy this area without the inconven- has volunteered to take a lead on this issueÐ is to convince state legislatures to pass un- ience and tax imposed on us today. along with Subcommittee Chairman MCKEON, necessary restrictions to the substitution of ge- To tax the Great Outdoors is offensive to Mr. MARTINEZ and Mr. CLAY. And, I pledge my neric versions of brand name drugs. These re- the very concept of the national forest system. support in working to pass an Older Ameri- strictive laws are being advanced despite a The forests are for the entire nation and there- cans Act Amendments of 1999, which both scientific finding by the Food and Drug Admin- fore should be supported through the tradi- parties can take pride in, and one which, more istration (FDA) that the generic drug is equiva- tional funding process. Under this plan, Con- than anything, benefits all seniors across the lent and substitutable to the brand name prod- gress taxes Americans twice. It is now time to country. uct. The state campaign is nothing more than remedy this situation. an attempt by the brand name companies to Mr. Speaker, I believe we are deterring indi- f protect market share. viduals from discovering the wonder and WORKING TOGETHER TO HELP If these tactics are successful with the beauty of our National Forests. We must en- OUR NATION’S SENIOR CITIZENS states, generic manufacturers could end up courage people to visit, not discourage them having to comply with 50 different sets of state from doing so. When tourists go elsewhere, it HON. HOWARD P. ‘‘BUCK’’ McKEON laws before their products could ever reach hurts small businesses and it hurts our efforts the consumer. If would render the FDA stamp to educate individuals on the importance of OF CALIFORNIA of approval meaningless. And it will only add IN THE HOUSE OF REPRESENTATIVES protecting this precious national resource. This extraordinary hoops for doctors and phar- tax serves as a barrier to working families, Tuesday, February 23, 1999 macists to jump through before a generic hikers, nature lovers and all those desiring ac- Mr. MCKEON. Mr. Speaker, today, Mr. BAR- medicine is dispensed. The ultimate losers are cess to our national forests. RETT of Nebraska, Mr. MARTINEZ, Mr. CLAY, the senior citizens and other prescription drug I hope my colleagues will join me in sup- Chairman GOODLING and I are introducing the purchasers who will be denied the access to porting this effort to return the forests back to Older Americans Act Amendments of 1999. equivalent generics and are forced to continue the people. Our hope is that this bill will be the first step paying excessive brand prices for their medi- in an ongoing bipartisan effort to reauthorize cines. f the Older Americans Act. Nonetheless, it is The bill I am introducing today, the Generic important to remember that there is much Drugs Access Act, would prevent drug compa- PERSONAL EXPLANATION work to be done when it comes to reforming nies from gaming the system. Very simply, this and streamlining the provisions of the Older bill prohibits states from passing laws keeping HON. MARK UDALL Americans Act. generic drugs off the market once the FDA OF COLORADO Today's version of the Older Americans Act has determined that a generic drug is ``thera- IN THE HOUSE OF REPRESENTATIVES Amendments of 1999 represents a good-faith peutically equivalent'' to a brand name prod- effort on the part of both parties to work to- uct. Most importantly, it will ensure that ge- Tuesday, February 23, 1999 gether in this important venture. Over the neric drugs get to the market in a timely fash- Mr. UDALL of Colorado. Mr. Speaker, on course of the next several months, we are ion and provide consumers with access to low February 2, while I was meeting in my office committed to having an open dialogue with all cost alternatives at the earliest possible time. with some constituents, an apparent problem those who are involved in administering the I urge my colleagues to lend their support to with the bell system led to my inadvertently Act's many programs. However, it is abso- the effort to ensure low cost alternatives to missing the vote on rollcall No. 7, passage of lutely imperative that we keep those who we brand name drugs are readily available to con- H.R. 68Ðthe Small Business Investment are trying to helpÐthe frail and elderlyÐfore- sumers and cosponsor the Generic Drugs Ac- Company Technical Corrections Act. Had I most in our minds. cess Act of 1999. been present, I would have voted ``yes.'' E264 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 TRIBUTE TO MRS. GERTRUDE S. lic Service Electric and Gas Co. He is Chair- and in sending best wishes for a successful PARIS man of Local 825's Political Action and Edu- conference this year in Austin. cation Committee and one of the founders of f HON. JAMES E. CLYBURN Local 825's Registered Indentured Apprentice- ship Program. THE INTRODUCTION OF THE NA- OF SOUTH CAROLINA TIONAL RIGHT TO WORK ACT OF IN THE HOUSE OF REPRESENTATIVES When it comes to service, Patrick Campbell shares his time and expertise with community 1999 Tuesday, February 23, 1999 organizations, as well. He has served as Mr. CLYBURN. Mr. Speaker, I ask my col- Scoutmaster for the Boy Scouts of America, HON. BOB GOODLATTE leagues to join me in paying tribute to a loving has coached Little League girls' softball, and OF VIRGINIA mother, grandmother and great-grandmother, has been Vice President of the Parents' Guild IN THE HOUSE OF REPRESENTATIVES Mrs. Gertrude S. Paris. of Roselle Catholic High School. He served as Tuesday, February 23, 1999 Mrs. Paris was born in Rochester, New a Navy Seabee in the South Pacific during Mr. GOODLATTE. Mr. Speaker, I am York, on February 27, 1899, to Charles and World War II and has been a member of the pleased today to introduce the National Right Elizabeth Steul. In November 1938 she mar- Catholic War Veterans, the Veterans of For- to Work Act of 1999 along with 86 original co- ried Earl A. Paris (deceased). They had two eign Wars and the Knights of Columbus. He is sponsors. children, John Walter Paris and Beverly Paris currently a member of the Council of Regents This Act will reduce federal power over the Dox. Mrs. Paris has seven grandchildren and of Felician College of Lodi, NJ and the Hous- American workplace by removing those provi- six great-grandchildren who affectionately ad- ing Commission of the Archdiocese of New- sions of Federal law authorizing the collection dress her as ``Gramma.'' ark. of forced-union dues as part of a collective Mrs. Paris has led an extremely active life. Mr. Speaker, I am sure our colleagues will bargaining contract. She maintained her home in Rochester until join me as I extend my best wishes and Since the Wagner Act of 1935 made forced- her early 90's, mowing her own lawn and thanks to Patrick Campbell and family; his wife union dues a keystone of Federal labor law, tending her garden. She was a founding mem- Adele, his four children and ten grandchildren. millions of American workers have been ber of the Rochester Garden Club, and an f forced to pay for union ``representation'' that avid bridge player. Her favorite pastime was THE TEXAS LEGISLATIVE BLACK they neither choose nor desire. ``a pound of chocolate and a good book.'' Mrs. The primary beneficiaries of Right to Work Paris became a constituent of mine at the age CAUCUS AND ITS UPCOMING CONFERENCE are America's workersÐeven those who vol- of 94 when she moved to Columbia, SC, to be untarily choose to pay union dues, because closer to her family. when union officials are deprived of the Mr. Speaker, on Saturday, February 27, HON. EDDIE BERNICE JOHNSON forced-dues power granted them under current 1999 Ms. Gertrude A. Paris will celebrate her OF TEXAS federal law they'll be more responsive to the 100th birthday. Please join me in wishing her IN THE HOUSE OF REPRESENTATIVES workers' needs and concerns. the happiest of birthdays and Godspeed. Tuesday, February 23, 1999 Mr. Speaker, this act is pro-worker, pro-eco- f nomic growth, and pro-freedom Ms. EDDIE BERNICE JOHNSON of Texas. The 21 states with Right to Work laws, in- TRIBUTE TO PATRICK CAMPBELL Mr. Speaker, I rise today to pay tribute to the cluding my own state of Virginia, have a near- Texas Legislative Black Caucus and its ly three-to-one advantage over non-Right to HON. DONALD M. PAYNE groundbreaking efforts to advance public pol- Work states in terms of job creation. OF NEW JERSEY icy objectives in my home State of Texas. And, according to U.S. News and World Re- IN THE HOUSE OF REPRESENTATIVES As a former Member of the Texas House of port, seven of the strongest 10 state econo- Representatives and Texas Senate, I know Tuesday, February 23, 1999 mies in the Nation have Right to Work laws. first-hand of the Caucus's strong commitment Workers who have the freedom to choose Mr. PAYNE. Mr. Speaker, as we know, the in promoting education, economic develop- whether or not to join a union have a higher work of a busy person is never done. This Fri- ment and public safety to ensure positive standard of living than their counterparts in day, February 26, such a man is being recog- change. The Caucus's accomplishments in- non-Right to Work states. According to Dr. nized for his work in the labor community. Pat- clude the passage of legislation to provide James Bennett, an economist with the highly- rick Campbell will be acknowledged and paid scholarships for low-income students, securing respected Economics Department at George tribute to for his leadership role within New funding for the Lone Star State's black col- Mason University, on average, urban families Jersey's labor movement. leges and universities as well as provisions to in Right to Work states have approximately Patrick Campbell has been a member of ensure minority participation in the state's pro- $2,852 more annual purchasing power than Local 825, International Union of Operating curement program. urban families in non-Right to Work states Engineers since July, 1946. He has worked as To kick off its legislative agenda for 1999, when the lower taxes, housing and food costs an Apprentice/Engineer, Dirt and Crane Equip- the Caucus will be hosting a statewide con- of Right to Work states are taken into consid- ment Operator, Plant and Shop Engineer, ference in Austin on March 10th±12th. Thou- eration. Shop Steward and Lead Engineer. In 1971 he sands of Texans from across the state are ex- The National Right to Work Act would make was elected to the Executive Board and ap- pected to attend the conference aptly entitled, the economic benefits of voluntary unionism a pointed as a Business Representative. In 1976 Preparing for the Millennium. The State's 14 reality for all Americans. he was chosen Business Manager and was African-American House Members and its two But this bill is about more than economics, appointed Trustee of Local 825's Pension/Wel- Senators will be hosting the conference. They it's about freedom. fare Fund Service Facilities. He has been re- will be honoring the achievements of outstand- Compelling a man or woman to pay fees to elected Business Manager seven times. In ad- ing Texans in the fields of education, busi- a union in order to work violates the very prin- dition to his functions as Business Manager of ness, public services, entertainment, profes- ciple of individual liberty upon which this na- Local 825, he is a Vice President of the New sions, and public safety. Governor George tion was founded. Jersey State AFL±CIO. He has served as Vice Bush is expected to attend the conference as Oftentimes forced dues are used to support President of the New Jersey State Building well. causes the worker does not wish to support and Construction Trades Council. Delegates to the conference will be holding wish his or her hard-earned wages. Mr. Campbell is also Second General Vice an ``Education Summit'' whose purpose is to Thomas Jefferson said it best, ``. . . to President of the International Union of Operat- identify problems and propose solutions to en- compel a man to furnish contributions of ing Engineers. He also serves on joint commit- hance the state's black colleges and univer- money for the propagation of opinions which tees of the Engineers/Teamsters, Engineers/ sities. ``Break-out'' sessions will be held to dis- he disbelieves is sinful and tyrannical.'' Laborers and Engineers/Iron Workers. Addi- cuss elementary, secondary and higher edu- By passing the National Right to Work Act, tionally, he is President of the Northeastern cation issues. Other workshops will be con- this Congress will take a major step towards Conference of Operating Engineers. ducted on health care, child care, economic restoring the freedom of America's workers to Pat Campbell has served on the Port Au- development, electricity restructuring and envi- choose the form of workplace representation thority Development Advisory Committee of ronmental racism. that best suits their needs. New York and New Jersey and on a commit- Mr. Speaker, please join me in congratulat- In a free society, the decision of whether or tee of the Research Advisory Council for Pub- ing the Caucus on its past accomplishments not to join or support a union should be made CONGRESSIONAL RECORD — Extensions of Remarks E265 by a worker, not a union official, not an em- Under current law, 12 states are authorized ability to set even higher expectations for stu- ployer, and certainly not the U.S. Congress. to participate in an enormously popular pilot dent performanceÐby asking for a higher The National Right to Work Act reduces fed- program known as Ed-Flex. My proposal ex- level of accountability in exchange for Ed-Flex eral power over America's labor markets, pro- tends that authority to all states. Under Ed- waivers. In addition, by enacting this legisla- motes economic growth and a higher standard Flex, states can grant schools waivers of cer- tion now, the immediate experiences of the of living, and enhances freedom. tain federal requirements that, while intending States can help Congress identify the areas of No wonder, according to a poll by the re- to assist, actually inhibit the school's ability to federal regulatory burden for school districts. spected Marketing Research Institute, 77 per- improve educational opportunities for its stu- We can then address these problems during cent of Americans support Right to Work, and dents. For example, in Ohio, the program was the reauthorization of the Elementary and Sec- over 50 percent of union households believe used to significantly reduce paperwork for ondary Education Act. Ed-Flex will allow our workers should have the right to choose schools, school districts, and the state edu- schools to work more creatively in meeting whether or not to join or pay dues to a labor cation agency. In addition, the state granted student needs while ensuring that important union. two statewide waivers. Each of these required Federal education priorities remain in effect. No other piece of legislation before this school districts to describe the specific regu- f Congress will benefit this Nation as much as latory barrier, show how the removal of the the National Right of Work Act. barrier will benefit students, and describe a THE LINE-ITEM VETO I urge my colleagues to quickly pass the plan to evaluate the waiver's effect on teach- CONSTITUTIONAL AMENDMENT National Right to Work Act and free millions of ing and learning. The time saved on complet- Americans from forced-dues tyranny. ing applications frees up staff time to address HON. BILL ARCHER f more substantive and crucial needs of the stu- OF TEXAS THE INTRODUCTION OF THE EDU- dents. IN THE HOUSE OF REPRESENTATIVES Texas has successfully used Ed-Flex waiver CATION FLEXIBILITY PARTNER- Tuesday, February 23, 1999 SHIP ACT OF 1999 authority to improve student performance through more than 4,000 programmatic and Mr. ARCHER. Mr. Speaker, today I am in- HON. MICHAEL N. CASTLE administrative waivers, such as permitting troducing a joint resolution to amend the Con- stitution in order to give the President line-item OF DELAWARE schools to offer school-wide Title I programs, veto authority on appropriations approved by IN THE HOUSE OF REPRESENTATIVES changing the priorities for professional devel- opment activities under the Eisenhower Pro- Congress. I first introduced this resolution dur- Tuesday, February 23, 1999 fessional Development program, and reducing ing the 99th Congress. As the Supreme Court Mr. CASTLE. Mr. Speaker, I am pleased to paperwork for schools. After only two years of confirmed on June 25, 1998 in ruling that the introduce the Education Flexibility Partnership implementation, preliminary statewide results 1996 Line Item Veto Act was unconstitutional, Act of 1999. Teaching children to master skills on the Texas Assessment of Academic Skills a constitutional amendment is indeed nec- and knowledge is the key to our nation's fu- show that districts with waivers outperformed essary. ture success and economic growth and the districts without waivers 87 percent to 84 per- During this era of ``as far as the eye can surest ticket to a better life for our Nation's cent in reading and 82.6 percent to 80.2 per- see'' surpluses, I am deeply concerned that citizens. As the House Education Subcommit- cent in math. For African-American students, our commitment to fiscal discipline will be tee Chairman on Early Childhood, Youth, and the gains were even bigger. For example, at eaten away. The ``desire'' to cut spending may Families, I offer this legislationÐwhich I began Westlawn Elementary School in La Marque, no longer be enough to fight the Washington work on in the 105th CongressÐas the first Texas, African-American students improved al- spending machine. Last year's 40-pound, item on the Subcommittee's agenda in pursuit most 23 percent over their 1996 math test 4000-page, $520 billion ``omnibus'' spending of attaining educational excellence for children scores with 82 percent of students passing. bill is compelling evidence of this point. across the Nation. The statewide average was 64 percent. President Clinton's FY2000 budget was an The Education Flexibility Partnership Act of Maryland, another Ed-Flex state, used its even further retreat from his earlier claim that 1999, also known as Ed-Flex, will bring much waiver authority to reduce student-teacher ra- the ``era of big government is over.'' Without needed relief to our schools, while boosting tios for students with the greatest need in any thought of giving back some of the sur- the productivity and the academic achieve- math and science from 25 to 1 to 12 to 1. plus to the people who put it there, President ment of students. There is nothing more im- Under the Howard County waiver, the school Clinton called for more than $200 billion in portant to the future of our country than ensur- will provide additional instruction time in read- new domestic spending over 5 years, includ- ing our students receive a challenging and en- ing and math and increase each student's ing nearly 40 new mandatory programs and riching education. In talking to teachers about time on task. The State holds schools ac- almost 80 new discretionary programs. How our schools, one of the complaints I hear re- countable through performance on the Mary- does he propose to pay for this spending peatedly is that the Federal Government often land School Performance Assessment Pro- spree? $108 billion in new taxes and fees! weighs in on local school matters in a counter- gram. Ed-Flex allows schools to tailor waivers Obviously, a fixed mechanism to fight un- productive and burdensome way. Often times, to meet their individual needs. I believe all necessary and abusive spending must be put regulations put in place at the Federal levelÐ States should have the opportunity to obtain in place. A constitutional line-item veto amend- intended to assist local schools in attaining similar improvements in their regulatory proc- ment must be adoptedÐto restore fiscal dis- educational excellenceÐactually have the op- ess and, more importantly, in academic cipline to the Federal Government and to save posite effect. Instead of strengthening teach- achievement. the well-being of our Nation. I want American ers' time in the classroom, some regulations In response to a report released by the Presidents to have the tools they need (just end up taking talented teachers away from General Accounting Office on the Ed-Flex like the governors of 43 States) to resist the students so they can fill out paperwork or as- demonstration project, my proposal strength- inevitable pressures to spend our Nation's as- sess program spending. Again, the intention of ens accountability in the program by ensuring sets. these regulations are good. Everyone wants that states demonstrate that student perform- f students to achieve at higher rates and ance improves through the use of waivers and schools to provide better educational opportu- adds to the list of programs eligible for waiver A TRIBUTE TO BRIGADIER GEN- nities. However, because each school district under Ed-Flex. My proposal also ensures that ERAL ROGER W. SCEARCE, USA is structured differently and because each stu- states do not issue waivers to allow schools to dent body has diverse needs, regulations participate in Title I that are more than 5 per- HON. BILL McCOLLUM sometimes actually interfere with the schools cent below the average poverty rateÐthereby OF FLORIDA main focus of educating children. In these in- maintaining targeted funding for disadvan- IN THE HOUSE OF REPRESENTATIVES stances, we have actually added to the bar- taged children. riers of attaining educational excellence, in- Ed-Flex facilitates a seamless system of Tuesday, February 23, 1999 stead of breaking them down. A `one size fits services for students because the federal and Mr. MCCOLLUM. Mr. Speaker, I rise today all solution' rarely works for everyone, and state programs can be well coordinated. In in tribute to a great General, a great leader, a though they provide a framework for schools, testimony and reports submitted to Congress great soldier and citizen from my home state they do not cross every `T' or dot every `I'. We by the U.S. Department of Education, states of Florida, Brigadier General Roger W. can help fill in this gap, however, by support- gave examples of how Ed-Flex has given Scearce, on the occasion of his retirement ing education flexibility. them not only greater flexibility, but also the from the United States Army. On this day, he E266 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 1999 deserves our gratitude and our respect for his family upon your retirement from the U.S. key and the islands group were finalized in a 28 years of dedicated and honorable service Army after 28 years of dedicated service. December 1932 protocol between Turkey and to his country. f Italy. That protocol, which was annexed to the General Scearce represents the finest at- Convention Between Italy and Turkey for the tributes of United States military serviceÐhe is INTRODUCTION OF RESOLUTION Delimitation of Anatolia and the Island of a true example for all to emulate. He pro- ON GREEK SOVEREIGNTY OVER Castellorizio, placed the islets of Imia under gressed through the ranks to achieve the most THE ISLETS OF IMIA the sovereignty of Italy. In the 1947 Paris senior position in the Army Finance Corps. He Treaty of Peace with Italy, Italy ceded the Do- has seen the battlefield of Desert Storm, and HON. FRANK PALLONE, JR. decanese islands group to Greece. served in every clime and place throughout the globe. OF NEW JERSEY The legal status of the Dodecanese islands For some people, democracy is simple arith- IN THE HOUSE OF REPRESENTATIVES group remained unchallenged by Turkey until metic; their citizenship is a matter of addition Tuesday, February 23, 1999 its bulk carrier ran aground in late 1995 and and subtraction. They are experts at taking Ankara began making its unfounded claims in Mr. PALLONE. Mr. Speaker, on December from others but strangers to giving to others. 1996. Today, Turkey continues to promote in- 25, 1995 a Turkish bulk carrier ran ashore on By contrast, General Scearce has selflessly stability in the region by ignoring the historical the islets of Imia, one of two uninhabited islets give his time and talents to the United States. record with its claim of sovereignty over the is- He has worn the badge of citizen-soldier, and which are part of the Dodecanese islands lets of Imia. group in the Aegean Sea. This incident nearly by his act of patriotism, made that a badge of This unfounded claim should not go unno- honor. escalated into armed conflict between NATO allies Turkey and Greece due to Turkey's bel- ticed by Congress. To that end, today I am in- I am personally grateful for what General troducing a resolution that documents the his- Scearce and his family have sacrificed over ligerent claim that the islets, which are sov- ereign Greek territory, belonged to Turkey. torical record establishing Greek sovereignty the years, a sacrifice so many of us take for over the Dodecanese islands group and ex- granted. To support and defend the Constitu- Hostilities were avoided after the Greek gov- ernment refused to attack a detachment of presses the sense of the Congress that: the tion of the United States is sometimes a islets of Imia in the Aegean sea are sovereign thankless deed, but it is the glue that holds Turkish commandos who had been dispatched territory of Greece under international law; and our country together. Service to this great na- to the islets and President Clinton personally Turkey should agree to bring this matter be- tion is a time-honored tradition that few of our intervened to help defuse the crisis. fore the International Court of Justice at The citizens will ever undertake or understand. So Despite Turkey's continued insistence that Hague, Netherlands, for a resolution. from the bottom of my heart, thank you, Gen- the islets are Turkish territories, the historical eral Scearce. record on this issue is clear. The Dodecanese I encourage all Members to join me in re- I am happy and proud to join Roger's family, islands group was ceded by Turkey to Italy in affirming Greek sovereignty over the islets, friends, and colleagues, indeed all of America, the Lausanne Treaty of 1923. The boundaries protecting the rule of international law, and ad- when I say congratulations to you and your delineating the exact sovereignty between Tur- vocating a peaceful settlement to this matter