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March 19, 1991 EXTENSIONS OF REMARKS 6661 EXTENSIONS OF REMARKS THE CYPRUS PROBLEM AND THE served in Operation Desert Storm. He com­ heralded book called The Rise and Fall of the NEW WORLD ORDER mended their dedication to duty and their pro­ Great Powers, by Paul . fessionalism. He also credited the role Presi­ For me and hopefully others, the Persian has once and for all slam-dunked HON. WM.S.BROOMFIELD dent Reagan played in modernizing our Armed our declinists. Other nations made impres­ OF MICHIGAN Forces during his 8 years in office. He praised sive contributions to Desert Storm, but it IN THE HOUSE OF REPRESENTATIVES the inspired leadership of President George was America's leadership and contribution Tuesday, March 19, 1991 Bush and his military advisers, Secretary of that were decisive. Today, as in the past, the Defense , Gen. and world looks to America for leadership in Mr. BROOMFIELD. Mr. Speaker, as we put Gen. Norman Schwarzkopf. times of crisis. And today, as in the past, the gulf crisis behind us, now is the time to Mr. Speaker, the led liberation only America is capable of providing world focus on the Cyprus dispute and commit our­ of Kuwait is a tribute to American determina­ leadership. selves to resolving that long-standing problem But the stunning victory achieved by coa­ tion, ingenuity, and courage and Vice Presi­ lition forces against Iraq has refuted the in a fair and timely fashion. dent QUAYLE'S speech epitomizes the pride all The administration is to be commended for declinists in yet another respect. In recent Americans feel about our great Nation. I urge its military victory over Iraq. Our loyal allies, years, many declinists made reputations for all our colleagues to take a few moments and themselves by running down the skills of including Turkey, helped us make that military read these important remarks: American servicemen and women, and derid­ operation successful. Turkey supported Ameri­ ing the quality of American technology. As ca's efforts and deserves the aid that it re­ REMARKS BY VICE PRESIDENT DAN QUAYLE one pundit put it on the eve of war, "All cently received from our Government. I have It's good to be here in Chicago. Just before those precision weapons and gadgets and giz­ always said, however, that friends help coming here, I had the great pleasure of mos and stealth fighters are not going to friends. Now it is time for Turkey to again ex­ meeting with the 126th Air Refueling Wing of make it possible to reconquer Kuwait with­ tend a hand of friendship to help us resolve a the Illinois Air National Guard, and the 36th out many thousands of casualties." long-standing dispute that has concerned me APSS of the Air Force Reserve. And let me Well, it turned out he got it exactly wrong. for many years. tell you something: Those men and women The quality of our people was the key to our are sure glad to be back home. And we're victory. And our military technology-"all Since 1974, Cyprus has been a divided is­ even more glad to have them home. They those gizmos and gadgets"-saved thousands land nation. Turkey's invasion of that island have accomplished their mission. And this of American and allied lives, and provided us displaced thousands "' of- Greek Cypriots who time, unlike Vietnam, our Nation is treating with the decisive edge. Let me give you some fled to the south to become refugees in their our returning soldiers like the heroes they examples. own land. United Nations troops separate the are. I'll begin with the Patriot missile. The two communities on Cyprus with a barrier But they're not our only heroes. I'd also idea of a bullet hitting a bullet was proven a known as the green line. What can we do to like to take this occasion to pay tribute to reality. Scores of Saddam's Scuds were address this human tragedy? the Veterans of Korea and Vietnam. These blown out of the sky by the Patriot. As we begin to build a new world order, I veterans also fought heroically, but they In the past, however, some had urged us to didn't get the recognition they deserved. To rely for our defense on theories of deterrence hope that the Cyprus problem is at the top of them I say: Desert Storm is your victory too. rather than on technologies of defense. They the administration's international priority list. The Mid-American Committee is celebrat­ argued that security can be achieved by rely­ History has taught us that unresolved prob­ ing its twenty-fifth anniversary. You have ing on offensive weapons alone. Well, as lems have a way of festering. As we emerge always provided a forum to discuss the great President Bush put it the other day, "Thank from the tragic gulf war, we do not need a se­ issues facing our Nation. Today will be no God that when the Scuds came in, the people rious problem in the eastern Mediterranean. exeption. of Israel and Saudi Arabia had more to pro­ When we address the Cyprus problem, our We meet at an extraordinary moment in tect them than some abstract theory of de­ goal should be a solution that brings fairness, world history. The United States and its al­ terrence." They had defensive weapons. justice, and respect for fundamental liberties. lies have just won one of the most stunning Thank God for the American creativity and military victories. The movie Henry V re­ technology, which saved thousands of price­ We should discuss the many United Nations minds us that our Persian Gulf victory has less human lives. Security Council resolutions that remain to be parallels to Agincourt. You'll recall that Another example of American innovation implemented. When we work with the inter­ English forces killed ten thousand French and creativity was the M-1 Abrams Tank. national community to build a new world order, troops in that epic battle, while losing only Although some in Congress have criticized we should insist that the Cyprus dilemma be twenty five men themselves. And in Desert the M-1 tank as "vulnerable" and a "ques­ solved once and for all. Storm, we destroyed an Iraqi army of over tionable buy," it showed its capability in I welcome the new world order and trust half a million troops, while suffering slightly Desert Storm. Going up against the Soviet­ that the crafters of that future landscape envi­ more than a hundred fatalities. made T-72 tanks of Saddam's Republican Operation Desert Storm is obviously going Guard in the largest tank battle since World sion peace on that long-troubled island. to be studied in military academices for War II, the M-1 tanks destroyed hundreds of years to come. But it holds important les­ their adversaries. And throughout the course sons for the rest of us, as well. This after­ of the battle, the Soviet-made T-72's were AMERICA'S COMMITMENT TO noon, I'd like to examine some of those les­ able to knock out only two M-1 's. PEACE AND PROSPERITY sons. As a final example the effectiveness of My first visit to Chicago, as Vice President American technology, consider the Stealth HON. ROBERT K. DORNAN was in April '89 to address the American Fighter in Desert Storm. The F-117 con­ OF CALIFORNIA Newspaper Publishers Association. My stituted less than three percent of the total IN THE HOUSE OF REPRESENTATIVES speach zeroed in on America's so-called aircraft of Desert Storm. Yet it accounted "declinists." America's declinists are a for more than forty percent of the Iraqi tar­ Tuesday, March 19, 1991 group of pundits who were predicting Ameri­ gets we hit. Mr. DORNAN of California. Mr. Speaker, I ca's imminent fall from world leadership. Many of those targets were in Baghdad. would like to share with you Vice President America's best days, the declinists argued, You saw the night skies of Baghdad light up were behind us. We had better accept this like the fourth of July with anti-aircraft DAN QUAYLE'S outstanding March 13, 1991 J fact, and resign ourselves as graciously as fire, yet not a single F-117 was shot down­ speech before the Mid-America Committee in possible to our diminished role in the world. not a single one. Chicago, IL. The declinists predict defeatism, low growth, All in all, smart weapons, in the hands of Vice President QUAYLE delivered a rousing and an America unable to sustain its status smart people, made all the difference in tribute to our brave men and women who of world leadership. Their bible is a much- Desert Storm. Indeed, U.S. technology and

• 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. 6662 EXTENSIONS OF REMARKS March 19, 1991 skills won the war. American quality tri­ lesson that does carry over into other walks sume the same role in this Administration. umphed over Iraqi quantity. And American of life. The President asked the Council to put an brainpower triumphed over Soviet hardware. President Bush understands this lesson. He end to what he has called "regulatory creep" As the President said last week, "The Amer­ knows that our future competitiveness de­ in the federal government. With that man­ ica we saw in Desert Storm was first-class pends as much on the intangible currency of date, we have begun to reassert the Bush leg­ talent." our people's skills and motivations as it does acy of regulatory relief. President Bush is right. Our armed forces on the dollars and cents of financial capital. And the President remains committed to displayed a professionalism that was truly He knows that as we move into the 21st cen­ reducing the tax rate on capital gains to first-class. But you know, it hasn't always tury, we must continue to improve our com­ unleash the power of the market place-the been like that. In the aftermath of Vietnam, petitiveness. And that means using our power of ideas and free enterpise. Despite our armed forces were badly demoralized. moral and intellectual resources as effec­ what the critics try to argue, the facts are Veterans who came home after serving in tively as possible. That's what President in: A reduction in the capital gains rate cre­ Vietnam were often shunned by the rest of Bush's domestic agenda is really all about. ates jobs and promotes economic growth. We the society. Parts of the country turned For example, the President is committed saw it happen in 1978. We saw it happen in their back on the military. The military be­ to restructing our educational system by 1981. And I promise you: We'll see it happen came hurt, bitter, and confused. promoting greater educational choice. He again. Today is a different story. Today our mili­ knows that just as the performance of our All of the President's domestic initiatives tary wear the uniform proudly. Today our servicemen and women improved when they that I've just outlined have a single, under­ military stands tall and proud. Yes, there were given a choice about whether or not to lying goal. They seek to enlarge the scope of has been a dramatic change over the years. serve, so the performance of our students individual freedom, to liberate the power of There have also been some profound reforms will improve if they and their parents can the American mind and the potential of the which have changed the quality and char­ choose the schools they attend. You can't American spirit. For when it comes to the acter of servicemen and women. solve the problems of our educational system military, when it comes to politics, and Perhaps the most important reform was re­ simply by throwing more money at it, any when it comes to economics, we know this: placing the draft by an all volunteer force. more than you could have solved our mili­ Freedom works. And we know how freedom This means that the only people who are tary's problems in the wake of Vietnam works: By enabling every individual to put serving in our armed forces today are men through financial means alone. You had to his or her talents to full use. and women who want to serve, men and change the system. You had to change the Speaking nearly 150 years ago in Spring­ women who have chosen to serve. Clearly, atmosphere. You had to change people's mo­ field Illinois, looked for­ nothing does more to lower the morale of an tivation. And that's what educational choice ward to the day when "mind, all-conquering organization-any organization-than the is all about. mind, shall live and move the monarch of the presence of large numbers of people who are But along with greater educational choice, world." My friends, that day is fast ap­ there under duress. And nothing does more the President is dedicated to maintaining proaching. In the 21st century, success will to raise the morale of an organization than standards of educational excellence. His goal go to the nation that utilizes its intellectual having it consist entirely of men and women is for our students to be number one in the resources most effectively. And as Desert who have freely chosen to join it. world in math and science by the year 2000. Storm demonstrates, that nation will be the But while our armed forces no longer rely And we can achieve it; we will achieve it. United States-provided we are wise enough on the draft, they have not abandoned their We will also achieve another goal of the to learn its lessons, and determined enough high standards. For they understand that no­ President: Becoming a truly color-blind soci­ to apply those lessons. body signs up to join a third-rate organiza­ ety. And you don't do that by discriminating Thank you and God Bless You. tion. To attract the best, you've got to be in favor of one group and against another. the best. And our armed forces are the best! You do it by treating all groups equally. Our armed forces have maintained a strict­ That's what the President's civil rights DADE'S SCIENCE ZOO MAGNET ly enforced policy of color-blindness. Our agenda is all about: Equality. The experience PROGRAM military is a true meritocracy. In today's of black Americans in our armed forces dem­ army, you don't get ahead because you are onstrates that they don't need quotas and HON. ILEANA ROS-LEHTINEN white, and you don't get ahead because you preferences to attain the very highest ranks OF FLORIDA are black. There are no quotas. You simply of excellence. All Americans of all races de­ get ahead because you are good. And far sire fairness and equal opportunity. IN THE HOUSE OF REPRESENTATIVES from causing racial friction, this policy has The President, is also committed to pro­ Tuesday, March 19, 1991 promoted greater racial harmony. It also en­ moting America's progress in science and Ms. ROS-LEHTINEN. Mr. Speaker, the hances the virtue of self-respect. technology. Smart weapons in the hands of A final reason for the superb performance smart people won the war in the Gulf. And Magnet School Program in Dade County, FL, of our armed forces in Desert Storm was that the finest technology in the hands of a has nurtured ethnic diversity and academic ex­ they were allowed to do their job. Washing­ skilled people will keep America competitive cellence in south Florida. A special contributor ton didn't try to "micro-manage" this war. in the world of the future. to this endeavor is the Science Zoo Magnet The President set the war's broad objectives. That is why the President's budget calls Program. The Science Zoo Program offers He carefully defined the military's mission. for a 13 percent increase for research and de­ students a unique opportunity to explore in And having done all that, he let the military velopment. That increase is one of the larg­ depth the discipline of science as it relates to itself carry out that mission. He treated our est in the budget-and brings Federal R and the zoo and natural animal habitat. Unlike tra­ servicemen and women like professionals-­ D investment to a record high. And one of not like puppets of the Federal bureaucracy. our highest priorities is basic research, espe­ ditional classroom experience, students are And our soldiers responded as he knew they cially by the individual scientist or a small able to interact with zoo and animal experts would: With skill, courage and dedication. research team. To support that work, our with hands-on activites. Our armed forces understand the value of budget calls for a $1 billion increase in basic The Science Zoo Magnet Program is part of our people. They know that success in com­ research. a larger Magnet Program. The district magnet bat depends on making the most of the But along with record levels of federal in­ advisory committee, in cooperation with the human mind and the human spirit. And their vestment in research and development-in­ Dade County Public Schools, has assembled reforms have sought to do just that. By giv­ vestment totaling $76 billion-we are com­ an impressive educational program of 47 mag­ ing people a greater choice; by enforcing mitted to working with American industries. high standards; by recognizing and reward­ We want to make it easier for companies to net schools and programs. The success is due ing merit; by being truly color-blind; and by capitalize on the discoveries of basic science. in part to community involvement in the pro­ knowing when to intervene, and when to We want businesses to develop new products gram, like that of the Metrozoo in the Science stay out of the way-we have succeeded in and processes. One way to meet these goals Zoo Program. local universities, colleges, creating a military that is truly second to is to remove the roadblocks of over regula­ businesses, and cultural associations are able none. tion. For just as federal micro-management to take pride in and contribute to the education But our military is not the only American undercuts our military's effectiveness, so system in Dade County. institution that should be second to none. federal over-regulation undercuts our econo­ The Magnet Program as a whole affirms two Our schools, our industries and our produc­ my's effectiveness. fundamental values in education, diversity, tivity should also be second to none. And As most of you know, President Bush, as while I would not argue that techniques that Vice President, chaired the Task Force on and excellence. The program offers diverse work in the military are directly applicable Regulatory Relief. Last June, the Presi­ educational experiences which more closely to the domestic sector, I would argue that dent's Competitiveness Council, which I represent the ethnic makeup of Dade County. the military's emphasis on our people is a head, was directed by the President to as- The Magnet Program also encourages aca- March 19, 1991 EXTENSIONS OF REMARKS 6663 demic excellence through educational choice national debt. I urge my colleagues to review ing an absolute injustice to honest businesses for parents and children. Students show great this legislation, and to join me in this effort to who have no intention of evading tax liabilities. enthusiasm and commitment to their studies restore the fiscal integrity of the U.S. Govern­ These levies, known as occupational taxes, because they are able to choose the aca­ ment. are imposed on all producers, wholesalers, demic path of greatest interest. and retailers of alcoholic beverages, including I commend the efforts of Silvia Gonzales­ grocery stores and restaurants. THE STRUGGLE OF THE BAHA'IS Conn, community affairs coordinator for the However, prior to 1989 the tax on retailers IS NOT OVER YET Zoological Society of Florida, friends of was only $54 and considered not cost effec­ Metrozoo for making the Science Zoo Magnet tive to enforce. In fact, this tax has been in ex­ a success. I also commend those leaders in HON. JOHN EDWARD PORTER istence since 1866. In 1987, the tax was business, academia, and cultural endeavors OF ILLINOIS raised to $250 a year and the BA TF was put which have contributed so much to the Mag­ IN THE HOUSE OF REPRESENTATIVES in charge of collecting all back taxes. With this net School Program in Dade County and thus Tuesday, March 19, 1991 contributed to the quality of education in gen­ new incentive of higher revenues through the eral for south Florida. Mr. PORTER. Mr. Speaker, for decades the collection of the increased tax, the BA TF in­ Baha'i minority in Iran has suffered brutal re­ structed businesses to pay all back taxes plus pression by the Iranian Government. Since interest and penalties without any statute of BALANCED BUDGET AMENDMENT 1979, hundreds of Baha'is have been exe­ limitations. Thus, businesses are being taxed cuted, thousands have been imprisoned solely for back taxes owed, going back several HON. E. 1llOMAS COLEMAN for their religious beliefs, and many have been years, plus interest and penalties on that tax. OF MISSOURI ruthlessly tortured. This BA TF action has created an enormous IN THE HOUSE OF REPRESENTATIVES Fortunately, the situation is much better burden for small businesses without taking today than it was 1O years ago. At the present Tuesday, March 19, 1991 into account the possible impact of the policy. time, fewer than 1O Baha'is remain in prison My legislation would waive all taxes, inter­ Mr. COLEMAN of Missouri. Mr. Speaker, in and none were executed during 1990. est, and penalties incurred prior to this change July of last year, the House of Representa­ Obviously the Iranian government responds in the law and lower the rate for alcohol retail­ tives voted on a resolution calling for a con­ to international pressure. Over the years the ers to $165. I believe that it is the responsibil­ stitutional amendment to mandate a balanced administration and Congress have openly sup­ ity of the Congress to correct this injustice. Federal budget. That resolution failed, by only ported the Baha'is, including a resolution I in­ Most of these honest business people, who seven votes, to achieve the two-thirds majority troduced in 1988 expressing concern about had no idea that such a tax existed, are now required for passage. Instead, the House abuses directed toward the Baha'is. faced with bills that endanger their business. passed a balanced budget statute, a measure The United Nations has also focused its at­ so meaningless that the Senate never even tention on the Baha'is in Iran. At the recent We must not let this type of action take place. bothered to take it up. meetings of the United Nations Human Rights Mr. Speaker, I ask that my colleagues join I recently reviewed the record of that House Commission in Geneva, Switzerland, a con­ me in support of this important piece of legis­ debate. I reread the speeches made by oppo­ sensus resolution was reached which not only lation. This type of action by the I RS and the nents of the amendment resolution who in­ refers specifically to the Baha'is, but also ex­ BA TF is simply taxation without notification sisted, the evidence of two decades notwith­ tends the mandate of United Nations Special and must be corrected by Congress. standing, that Congress would indeed make Representative to Iran, who has reported con­ Following is the text of my bill: the hard decisions needed to control Federal tinued official discrimination against the Ba­ H.R. 1484 spending; I noted the arguments that the ha'is. Be it enacted by the Senate and House of Rep­ amendment represented nothing but gim­ It is crucial that the world not forget that al­ mickry and political cover, offered by some resentatives of the United States of America in though the Baha'is are no longer being exe­ Congress assembled, who then voted for the statutory approach; cuted and imprisoned for their religious affili­ and I was fascinated by the solemn pre­ ation, they are still being systematically dis­ SECTION 1. REDUCTION OF OCCUPATIONAL TAX dictions that Congress would voluntarily face ON RETAIL DEALERS IN LIQUORS criminated against in Iran. We must continue AND BEER. up to economic reality and prioritize Federal to speak out on behalf of the Baha'is and con­ (a) IN GENERAL.-Section 5121 of the Inter­ spending programs-though, on the very day demn Iran's denial to respect their religious nal Revenue Code of 1986 (relating to imposi­ the balanced statute was passed, the House rights guaranteed by international law. tion and rate of occupational tax on retail refused to cut even $19.90 from a Federal dealers) is amended by striking "S250" each spending bill. place it appears and inserting "S165". Mr. Speaker, a constitutional amendment to TO CORRECT INJUSTICE IN OUR (b) EFFECTIVE DATE.-The amendments mandate a balanced Federal budget will force TAX CODE made by this section shall take effect on Congress to stand firm in the face of various July 1, 1990. spending pressures. Congress as an institu­ HON. LEON E. PANETIA SEC. 2. LIMITATION ON ASSESSMENT PERIOD tion has clearly demonstrated it does not have OF CALIFORNIA FOR OCCUPATIONAL TAX ON RETAIL the will to hold the fiscal line, and just this IN THE HOUSE OF REPRESENTATIVES DEALERS IN LIQUORS AND BEER. month the House voted to significantly weaken (a) IN GENERAL.-In the case of any tax im­ the spending control mechanisms enacted as Tuesday, March 19, 1991 posed by section 5121 of the Internal Revenue part of the last year's budget summit agree­ Mr. PANETTA. Mr. Speaker, I rise today to Code of 1986, with respect to any taxable pe­ ment. The Office of Management and Budget reintroduce legislation that will correct a gross riod beginning before January 1, 1989- has just announced the result of this fiscal injustice in our Tax Code. As many of my col­ (1) no assessment of any such tax may be mismanagement: OMB has estimated the defi­ leagues know, the U.S. Bureau of Alcohol, To­ made after the date of the enactment of this cit for fiscal year 1991 will ring in at some bacco, and Firearms [BATF], with help from Act, . $300 billion, almost $80 billion more than the the IRS and State alcohol license agencies, is (2) if such tax was assessed after December 31, 1987, and on or before such date of enact­ previous record deficit of $221.2 billion back in now collecting large, sometimes decades-old ment, such assessment shall be abated, and 1986. tax debts, including penalties and interest, (3) if such tax was collected after Decem­ It is obvious that Congress will take the from thousands of small businesses on a tax ber 31, 1987, and on or before such date of en­ steps necessary to control Federal spending of which many have been completely un­ actment, the amount so collected shall be only when it has no other choice. I am again aware. credited or refunded as an overpayment. introducing, as I have each Congress since As you know, the BATF issued notices or­ (b) DEFINITION.-For purposes of para­ first coming to Washington, a resolution calling dering businesses to immediately pay in full graphs (1) through (3) of subsection (a), the for a constitutional amendment to mandate a the balance of all uncollected taxes previously term "tax" includes any interest, addition to balanced Federal budget, and to provide for unknown to most businesses. This is a prime tax, additional amount, or assessable pen­ the systematic repayment of the accumulated example of an overzealous bureaucracy creat- alty with respect to the tax. 6664 EXTENSIONS OF REMARKS March 19, 1991 HEROES OF OPERATION DESERT Denver Pyl~who perhaps is best noted for ondary schools make few provisions for their STORM playing alongside our good friend and col­ teachers. league, the gentleman from Georgia, in the Mr. Speaker, in a time when our education HON. ROMANO L MAZZOU "Dukes of Hazzard" television series-will be system is struggling, I believe it is important OF KENTUCKY enshrined this Saturday in the Downtown for us to recognize those truly inspiring edu­ IN THE HOUSE OF REPRESENTATIVES Newhall Walk of Western Stars in Santa cators that are taking great strides. I am sure Tuesday, March 19, 1991 Clarita, CA. The award ceremonies will be you agree, Mr. Speaker, that Mr. Joseph P. held in my district, and I can assure you it's Theroux deserves the respect and admiration Mr. MAZZOLI. Mr. Speaker, I commend to an honor he has earned. of every Member of this body and ask that we the attention of my colleagues the following Denver made four films with the great John extend our highest regards and recognition for editorial from the March 2 Louisville Courier­ Wayne and worked with the famed director his efforts. Journal which very appropriately identifies all John Ford in three films, and appeared in KALAKAUA'S "JOKE" WILL GET SERIOUS LOOK the men and women involved in Operation many TV westerns in the 1950's and early BY HISTORIAN-MANY HAD LAUGHED AT HIS Desert Storm as authentic American heroes. 1960's, including "Bonanza," "Gunsmoke," A'!TEMPT TO CREA TE A PACIFIC POLYNESIAN Kentucky-based military units, and members "Gene Autry," "Roy Rogers," and "Wyatt EMPIRE of National Guard and Reserve outfits played Earp," where he starred with another of this (By Rod Thompson) a significant role in the success of Operation year's inductees, Hugh O'Brian. HILo.-In the summer of 1887, King David Desert Storm. Now that the war in the gulf has He also is a noted director, having directed Kalakaua sent a re-outfitted bird manure ended, we welcome back home with thanks, episodes of such series as "Death Valley ship captained by a drunkard and manned in honor and respect, all these valiant and self­ Days," "The Doris Day Show" and "The part by reform school boys off to Samoa to less Americans. establish a new Polynesian empire. Dukes of Hazzard." The powerful missionary descendants and [From the Courier-Journal (Louisville, KY), But Denver is more than just an entertainer. businessmen of the day saw it as a bad joke. Mar. 2, 1991] After completing "The Dukes" series, he and A century later, Joseph Theroux, an Eng­ HEROES OF THE HOUR his wife, Tippi, traveled around the United lish teacher, amateur historian and acting As in the aftermath of all wars, there will States in his role of Uncle Jesse to raise mil­ vice principal at Hilo High School, admits be overwhelming problems to sort out in the lions of dollars for children's charities. He also that a lot about that expedition was funny, coming months. But at the top of today's raised thousands of dollars for the Motion Pic­ but he doesn't think it was a joke. agenda should be something else: Let's bask ture and Television Fund as the energetic auc­ The expedition of the ship Kaimiloa was in the feelings of a job well done. The allied Kalakaua's attempt to strengthen the Ha­ forces performed so well that even their gen­ tioneer of 1989 and 1990. waiian people through an alliance with fel­ erals couldn't contain their surprise. At Mr. Speaker, I ask my colleagues to join me low Polynesians, Theroux said. Its failure times General Schwarzkopf was so puffed up in honoring a western legend and fine humani­ was an important factor in opening Hawaii with pride he nearly burst out of his fa­ tarian, Denver Pyle, as he receives the bronze to the multiethnic immigration that fol­ tigues. saddle that has already been given such west­ lowed, he believes. Yet soldiers, isolated in the desert, worried ern luminaries as Roy Rogers, Gene Autry, Theroux is one of 49 teachers nationwide whether they had public support. It was the Tom Mix, and Chuck Connors. Like them, who recently received grants for special one question they never failed to ask in their projects. The $27,500 grant to allow Theroux rare calls home. They couldn't see how the Denver's legend will shine on along with the to take a one-year sabbatical to study the streets here are decorated-yellow ribbons romance of the Old West. expedition is made by the National Endow­ and flags are all over town. They didn't ment for the Humanities and Reader's Di­ know they had become heroes, the stars of a gest. It includes $500 for books for Hilo High drama that captivated millions for months. TRIBUTE TO JOSEPH P. THEROUX School and $500 for a "mentor" to assist The armed forces earned our appreciation, Theroux. but so did their families. The ground war HON. PATSY T. MINK The popular image of Kalakaua today is 100 100 may have lasted "only" hours, but OF HAWAil . the Merrie Monarch who revived the hula, hours is eternity when someone you love is but in his day, the king was criticized heav­ at the front. Plus, families had endured six IN THE HOUSE OF REPRESENTATIVES ily by missionary descendants and business­ months of expecting the worst. Threats of Tuesday, March 19, 1991 men, especially for spending too much chemical attacks, speculation that high-tech money. weapons would jam in the sand, rumors of Mrs. MINK. Mr. Speaker, I rise today to rec­ For example, converting the Kaimiloa the Pentagon ordering 30,000 caskets kept ognize Joseph P. Theroux of Hilo, HI, an Eng­ from a hauler of bird guano to the first and them awake while the rest of us slept. lish teacher at Hilo High School. He is here in only warship in Kalakaua's hoped-for new "Thank heaven for cable TV," said a clerk in Washington, DC, today to be recognized by navy cost the equivalent in today's money of a flower shop at Christmas. "It's all that the National Endowment for the Humanities as several million dollars. gets me through the night." Hawaii's NEH-Reader's Digest Teacher-Schol­ The Kaimiloa was supposed to help create There's euphoria in the air because the war ar for 1991. a Kingdom of Oceania partly the idea of is over; there's appreciation for the sac­ The National Endowment for the Humanities Kalakaua's "Minister of Everything," Walter rifices of individual servicemen and women. Murray Gibson, and partly an outgrowth of The 21,000 soldiers from Ft. Campbell, 2,000, selected 49 outstanding educators from across Kalakaua's expanded concepts of royalty from Ft. Knox and 1,300 members of the Ken­ the country to conduct year-long independent picked up during his world tour in 1881. tucky National Guard represented us well. study projects in history, literature, foreign lan­ In 1886, Kalakaua sent an ambassador to Saddam Hussein predicted this country guages, or other humanities disciplines. the king of Samoa, apparently not troubled didn't have the stomach for war, Israel wor­ Mr. Theroux will be conducting research on that there were actually two kings of Samoa ried we were too spoiled to be tough, but our Hawaiian King David Kalakaua's attempt in fighting with each other, with the United mH1tary proved them wrong. Like General 1887 to revitalize his kingdom and colonize States and Britain backing one side and Ger­ Schwarzkopf, we're so puffed up with pride other Pacific Islands, creating a united Polyne­ many backing the other. we may burst. When the Kaimiloa sailed for Samoa in sia. The expedition of King Kalakaua's ship, mid-May 1887 to continue the diplomacy, the the Kaimiloa, to Samoa and its failure was an ship's captain was George Gresley Jackson, SALUTE TO DENVER PYLE important factor in opening Hawaii to the who had been kicked out of the British Navy multiethnic immigration that followed. for drunkenness, Theroux said. HON. ELTON GAUEGLY Very little research currently exists in this Jackson had been principal of the Honolulu area. Mr. Theroux plans to use photocopies of Reformatory School and recruited a third of OF CALIFORNIA his crew from there. He had to put down a · IN THE HOUSE OF REPRESENTATIVES original documents to create a casebook that students can use in learning to interpret histor­ mutiny in the crew the day before he sailed, Tuesday, March 19, 1991 Theroux said. He then stayed drunk for the ical research materials. first 11 days of the monthlong voyage, said Mr. GALLEGLY. Mr. Speaker, it is a privi­ I commend Mr. Theroux for taking the initia­ historian Gavan Daws. lege to rise today to honor an actor whose tive on a project of importance to the people The first night in Samoa the crew held an work has entertained us for more than four of Hawaii. While sabbaticals are common for orgy on the beach, Theroux said. One of the decades. college level professors, elementary and sec- ship's four cannons was bartered for food and March 19, 1991 EXTENSIONS OF REMARKS 6665 supposedly is still on little Aunuu island in South Pacific Festival of Arts fiction com­ whipped off an angry letter to fellow Repub­ to this day. petition, Theroux holds a bachelor's degree lican George Bush. In an illogical straddle, While this fiasco went on for about six in English and education from the Univer­ he argued that California's nursing home months, Honolulu businessmen forced sity of Massachusetts at Amherst. rules were as good or better than the Federal Kalakaua to accept a new constitution strip­ ones-and yet living up to the new Federal ping him of most of his powers in July 1887. requirements would cost the state $250 mil­ That bare outline is all that most histo­ FOR CALIFORNIA: A POLITICAL lion more a year. rians say about the Kaimiloa expedition. FIX THAT ABANDONS NURSING Federal health officials blanketed Califor­ Theroux thinks it deserves a lot more atten­ HOME PATIENTS nia with 100 inspectors to force compliance. tion for what it tells about Kalakaua and his While some critics cried overkill, Washing­ attempt to preserve and strengthen the Ha­ ton was clearly in the right. The new Federal waiian people and culture. HON. FORTNEY PETE STARK rules had been argued out among all 50 Theroux got into this line of research from OF CALIFORNIA states over two years. Many, like those deal­ an unusual starting point: Boston. In 1975, he IN THE HOUSE OF REPRESENTATIVES ing with restraints, had even been tested was a recent college graduate with a teach­ Tuesday, March 19, 1991 with dramatic success. ing certificate and not much prospect of a Some of the regulations may be, as Califor­ job in Masachusetts, where few teachers Mr. STARK. Mr. Speaker, the kinder, gentler nia claims, "wasteful" and "cosmetic." One were being hired. Nation will not be found in California's nursing would establish standard room temperatures. He joined the Peace Corps and told them to homes in the near future, due to political pres­ Another would regulate the size of bedside send him anywhere. They picked Western sure by the Governor and a dereliction of duty tables. But the rules California is most anx­ Samoa, where he stayed three years, then by the Federal Government. ious to sidestep are hardly cosmetic, like the another seven years in American Samoa. I believe that the nursing home industry in severe regulation of restraints and manda­ When he returns on sabbatical this fall, California wants to do right for its patients, but tory re-examinations of patients at least an­ he'll be looking for old documents, including nually. newspaper accounts of the Kaimiloa. is caught in the middle of a budget war in Congress's intent, clearly stated, is that The purpose will be to show students: Sacramento and a spineless Federal Govern­ all nursing home patients have a right to "This is how we write history. This is how ment that has abandoned nursing home pa­ "attain and maintain their highest level of we figure out what happened," he said. tients in favor of supporting the newest big functioning.'' California's stonewalling sug­ State Republican Governor. gests that its patients will fall far short of HILO HIGH TEACHER RECEIVES NATIONAL editorial of March 18, that goal. HONOR 1991 says it all: (By Jim Witty) FOR CALIFORNIA: A POLITICAL FIX Hilo High School English teacher Joseph California health officials have long boast­ MIAMI CHILDREN'S HOSPITAL: P. Theroux has been named Hawaii's Na­ ed that their nursing homes for the elderly THE GIFT OF HEALING FOR OUR tional Endowment for the Humanities/Read­ set a national standard. But when new Fed­ CHILDREN er's Digest Teacher-Scholar for 1991. eral regulations tried to upgrade glaring de­ The Endowment selected Theroux and 48 ficiencies in that care, the state applied po­ other outstanding educators from across the litical muscle in Washington to evade its re­ HON. ILEANA ROS.LEHTINEN country to conduct year-long independent sponsibilities. Lamentably, the Bush Admin­ OF FLORIDA study projects in literature, history, foreign istration appears to be caving. IN THE HOUSE OF REPRESENTATIVES languages or other humanities disciplines, California's boasts about its nursing homes according to an NEH spokeswoman. have grown increasingly hollow. Nursing Tuesday. March 19, 1991 Each award provides a stipend of up to home patients, once admitted, are seldom re­ Ms. ROS-LEHTINEN. Mr. Speaker, the $27,500 to replace the teacher's annual salary examined, or given different treatments. Miami Children's Hospital has become the fin­ or to supplement sabba~ical pay up to the Even worse, California's use of drugs and amount of the academic year salary. Hilo est pediatric medical center in the Southeast physical restraints to control behavior has United States. No child-no matter how com­ High School will also receive an additional risen alarmingly. California sedates more $500 to buy books for the school's library. than 65 percent of its nursing home patients; plex or rare his condition-need leave Miami "These awards give outstanding teachers the national average is less than 40 percent; to receive the best possible care. In fact, what they need most-time for study and re­ and in Vermont the figure is 10 percent. Ex­ many children come to south Florida to re­ flection," Cheney said. "We are pleased to cess sedation is almost always a sign that in­ ceive treatment at Miami Children's Hospital. I give teachers this opportunity for intellec­ stitutions are trying to save money by im­ am very proud to have this outstanding medi­ tual and professional renewal," said NEH mobilizing patients instead of providing staff Chairman Lynne V. Cheney. cal center in our area that every day brings to treat them. .the gift of healing to our children. Beginning this fall, Theroux, who is also Alarmed by the high sedation rate and currently serving as a vice-principal at Hilo other nursing home abuses, the Federal Gov­ From its founding in the 1950's as a re­ High, will use the award to study King ernment has, wisely, been inching toward gional hospital for polio patients, the Miami Kalakaua's attempt to expand his kingdom tighter supervision. Most states have lauded Children's Hospital has a history of providing in 1887. the potential benefits but some have grum­ loving treatment to broken and diseased chil­ NEH selected the 49 nationwide winners bled about added costs. California first dren. By 1980, it ·became apparent that this from 325 eligible applications. Project pro­ balked, then openly dared Washington to modest, caring community children's hospital posals were reviewed by panels of humanities force it to comply. could not meet the needs of the rapidly ex­ educators who judged the applications on Last week, after California's Republican their intellectual quality, the significance of Governor, Pete Wilson, peppered the White panding population in Miami. In response to the topic and materials to be studied, the House with complaints, the Feds blinked. this demand, a decade of development was relevance of the study plan to the applicant's Washington not only agreed to review the initiated by leading citizens who selflessly teaching responsibilities and evidence of the new regulations; it allowed California to be gave of their resources and time to make applicant's ability to carry out a serious the only state able to comment on revisions. Miami Children's Hospital what it is today. independent study project. The Governor promptly hailed the agree­ The vision for the expansion of Miami Chil­ Theroux, who was a Peace Corps volunteer ment as a victory for common sense and dren's Hospital was ambitious, to make the in Western Samoa, will research and write state's rights, but it was nothing of the sort. an account of Hawaiian King Kalakaua's at­ What triumphed was politics and wrong­ hospital a leader in pediatric medicine and tempt in 1887 to revitalize his kingdom and headed stonewalling. care. In 1O years, with the sacrifice of many colonize other Pacific islands, creating a Last October, when the new Federal regu- · dedicated volunteers, generous doctors, and united Polynesia. This attempt, said lations went into effect, California simply committed physicians, Miami Children's Hos­ Theroux, "led the way for Hawaii to develop ignored them. State officials dismissed them pital offers world class pediatric care while re­ extensive immigrant labor and thus contrib­ as unnecessary, including one wise rule that taining the tender care offered by the original uted to its present-day cultural makeup." puts a virtual ban on the use of drugs or facility. He will use photocopies of original docu­ physical means to restrain patients unless There are so many to commend for their ments to create a casebook that students lives are in danger. State nursing home in­ can use in learning to interpret historical re­ spectors were told to simply recertify insti­ role in building today's Miami Children's Hos­ search materials. tutions under the old laws. pital. The hospital's doctors, specialists, A published novelist who has won several The Governor, who had supported the nurses, and staff should be recognized for ex­ literary awards including first prize in the tougher Federal rules when he ran last fall, cellence in their duties. To make this excel- 6666 EXTENSIONS OF REMARKS March 19, 1991 lence possible, the activities and programs of in 1919 and married on March 19, 1921. It is others. In his work on-screen and off, Hoyt the Miami Children's Hospital rely upon the hard to believe, Mr. Speaker, but Warren G. Axton reflects those virtues. I ask my col­ Miami Children's Hospital Foundation. The Harding was then our President, refrigerators leagues to join me in saluting him as he re­ leadership of the board of trustees provide were actually iceboxes, and the "War to End ceives his bronze saddle on the Walk of West­ rock solid support for the Miami Children's All Wars" had just been fought. Things have ern Stars. Foundation. The board consists of: Ambas­ changed since then, not all for the better for sador David M. Walters, president; Albert H. us and for the planet. But, one wonderful thing Nahmad, chairman; Harry Hood Basset, Jr., has endured and deepened and become more first vice president; Mark Blank, second vice beautiful: Mr. and Mrs. Vandivier's love and RECOGNITION OF THE KAUA'! president; Alan I. Weiselberg, treasurer; Dr. devotion to one another. CHAMPIONSIDP BOYS' SOCCER Ricardo Pines, secretary; Dr. Donald H. Alt­ Donald Vandivier had a long and successful TEAM man, Luis J. Botifoll, Alec P. Courtelis, Flor­ career in the insurance business and has ence Groover Frank, Paula Friedland, Barbara been honored frequently for his outstanding Havenick, Abel Holtz, Burton S. Kahn, Arthur service. He is a Kentucky Colonel, a long-time HON. PATSY T. MINK L. Moses, J. David Scheiner, Arthur E. Teele, activist with the Boy Scouts of America, and a OF HAWAII Jr., Barbara Weintraub, Judy Weiser, Wesley recipient of the Boy Scouts of America Silver F. White, and Teresa Zubizarreta. Beaver Award for Distinguished Service to IN THE HOUSE OF REPRESENTATIVES May they continue to offer the gift of healing Boyhood. Tuesday, March 19, 1991 to our children. Anne Dudley has also had a very fulfilling life. In addition to raising and nurturing a lov­ Mrs. MINK. Mr. Speaker, I rise today to rec­ ing family, Anne has been an active volunteer ognize the championship Kaua'i High School HUMAN RIGHTS IN CUBA with the Louisville Women's Club. In 1948, boys' soccer team from the island of Kaua'i in Anne remembers with pride the Women's Club the Second Congressional District of Hawaii. HON. JOHN EDWARD PORlER cofounding, with the Louisville Kiwanis Club, The Kaua'i boys' team, the Red Raiders, won OF ILLINOIS the Louisville Deaf Oral School, a unique diag­ the Kaua'i Interscholastic Federation Cham­ IN THE HOUSE OF REPRESENTATIVES nostic and education center which continues pionship for the first time ever with a sudden Tuesday, March 19, 1991 to serve the multiple needs of preschool chil­ death final match against the formidable Mr. PORTER. Mr. Speaker, on March 2, dren with hearing impairments. Kapa'a High School boys' team, the Warriors. 1991, I was giving a speech at the National In­ Mr. Speaker, wedding anniversaries are im­ After a neck and neck tournament which left stitute of Health and regrettably missed Roll­ portant occasions, and a 70th wedding anni­ Kaua'i and Kapa'a dead even, the final game call No. 26. Had I been present I would have versary is truly a rare and special event. I wish that would have decided the overall champion voted yea. Donald Parkhurst and Anne Dudley Vandivier was deadlocked at 0 to 0. Finally, with neither Cuba continues to be one of the worst viola­ all best health and happiness for their 70th an­ team gaining the advantage, and the match al­ tors of human rights in the world. Freedom of niversary. They are two remarkable and loving ready into double overtime, the game was people. speech, press, and religion are ignored in this called due to darkness. totalitarian state. Torture and psychiatric Two days later the two teams met again. abuse in prison, arbitrary arrests and harass­ HONORING HOYT AXTON The tension was mounting and the spectators ment as a form of intimidation, and human filled the stands with numbers even greater rights violations against children including as­ than the game before. The game would be saults, rape, and imprisonment are currently HON. ELTON GAllEGLY OF CALIFORNIA played with two sudden death periods. If nei­ practiced. ther team scored in those two periods, the Last year the United Nations Commission IN THE HOUSE OF REPRESENTATIVES championship would be decided by a shoot­ for Human Rights passed a resolution outlin­ Tuesday, March 19, 1991 out. ing the Commission's concerns in Cuba. This Mr. GALLEGLY. Mr. Speaker, this Saturday The first period began, and just as before was followed by a widespread roundup of ac­ an accomplished singer, composer, record when the clock ran out no score was on the tivists in Cuba and Fidel Castro's obvious dis­ producer, recording artist, and actor will be in­ regard for international concern for improved board. But then came the second sudden ducted into Santa Clarita's Downtown Newhall death period. After battling down to the final human rights conditions in his country. Western Walk of Stars, joining such celebrities We must continue to focus world attention 23 seconds, Kaua'i's Dan Prigge took a shot as John Wayne and Gene Autry. on goal. It was blocked by the Kapa's fullback on the atrocities occurring in Cuba and work Hoyt Axton, truly an entertainer in every and then reversed back to the goal, rolling in to put an end to Fidel Castro's systematic pol­ sense of the word, knows a little something to score the winning point. icy of repression. about western, with or without country. Mr. Speaker I salute the boys of both teams As a singer-songwriter, he penned such hits as "Greenback Dollar," "Joy to the World," for their skill and dedication. It is a true meas­ LOUISVILLE COUPLE CELEBRATE ure of the character of Kaua'i's young people 70TH WEDDING ANNIVERSARY "Never Been to Spain," "Ease Your Pain," "Southbound," and "Outlaw Blues." He also this tournament enjoyed such wide community HON. ROMANO L MAZZOU performed in the Grand Ole Opry from 197 4 to support. These two teams both demonstrated 1983, and appeared on the Ernest Tubbs their commitment and good sportsmanship. I OF KENTUCKY applaud their efforts and I congratulate Kaua'i IN THE HOUSE OF REPRESENTATIVES Show and Ralph E. Mery Show in the early 1970's. on their hard fought victory. Tuesday, March 19, 1991 As an actor and a singer, he's performed in Allow me to recognize the members of the Mr. MAZZOLI. Mr. Speaker, I rise today to such shows as "Bonanza," "Hoyt Axton Coun­ 1991 KIF championship boy's soccer team, honor Mr. and Mrs. Donald P. Vandivier of try Western," "McCloud," "Nashville on the the Kaua'i Red Raiders: Louisville, KY, who have reached a most note­ Road," and "The Barbara Mandrell Show." Randy Asuncion, Adam Eggerston, Dan worthy milestone in their lives together. On And he's been in such movies as "Story of Prigge, Wes Juvick, Canaan Blake, Jason March 19, Donald and Anne Dudley celebrate a Folk Singer," "Smoke," and "Black Stallion." Dobson, Keola Griep, Timothy Jiminez, Tyler their 70th wedding anniversary. In addition, Hoyt has given freely of his time Nekomoto, Andy Reuarin, Jr., Joshua Mr. Vandivier is a spry 93 years of age and to help others, serving as a spokesman for Rudinoff, Jay Sakoda, Jason Tangalin, Andy his wife is nearing her 90th birthday. Their such organizations as the American Heart As­ Kakutani, and Cleve Zarbaugh. marriage has produced three children, and, to sociation, UNICEF, lnterplast, Free Clinics and And their coaches: Guy Sirnola, Andy date, nine grandchildren, and five great grand­ the Redwing Foundation, as well as founding Reuarin, Sr., and Arnold Cruz. children. the Bread and Roses Foundation. Donald and Anne Dudley met while attend­ Mr. Speaker, the Old West taught us such ing Transylvania University in Lexington, KY, virtues as self-reliance and the need to help March 19, 1991 EXTENSIONS OF REMARKS 6667 PROLIFERATION PROFITEERS: robed judges, with lifetime tenure, than they The health care field is also suffering from a PART 4 were by the wigged English lords of 200 years poor image, low salaries, and long hours. ago. The bill that I am introducing today will help HON. FORTNEY PETE STARK The decision of the Supreme Court, if al­ many involved in the allied health field. An al­ OF CALIFORNIA lowed to stand, will wreak havoc with our Fed­ lied health professional can be almost anyone IN THE HOUSE OF REPRESENTATIVES eral system of government. The keystone of involved in health care-be it a clinical techni­ the system of checks and balances which has cian, a physical therapist, or an occupational Tuesday, March 19, 1991 served our country so well is obviously the therapist. Mr. STARK. Mr. Speaker, foreign compa­ separation of powers; to state that Federal Funding increases will be authorized nies are selling us rapidly down the river to­ courts now have the power to levy taxes to­ through this legislation for those allied health wards the sea of nuclear proliferation. With the tally upends the system, and threatens an end programs most in need, particularly in fields help of Western assistance, India, Pakistan, to representative government. relating to the care and rehabilitation of the el­ Israel, Brazil, Argentina, South Africa, and Iraq I am again introducing legislation calling for derly and disabled. Recruitment, improved have all significantly advanced their nuclear a constitutional amendment to prohibit Federal teaching programs, and traineeships will help weapons programs in recent years. courts from levying or increasing taxes. I be­ recruit talented individuals into the rehabilita­ Today, I am placing into the Congressional lieve this is the only sure-fire remedy available tion field. In addition, an advisory council will Record the fourth in a series of 12 case stud­ to counter what amounts to a naked grab by be set up through the Health Resources Serv­ ies on foreign companies that have furthered the judiciary for the legislative power of Con­ ices Administration. the spread of nuclear weapons. gress. If Congress does not take fast, preven­ I am very concerned with the state of our To help address this, the single most grave tive action, the unelected judicial branch of country's health care system. I believe that threat to United States national security today, government will increasingly impose its will on with legislation such as this we will come clos­ I have introduced the Nuclear Non-Prolifera­ U.S. citizens without offering them any re­ er to finding a solution to the access to care tion Enforcement Act (H.R. 830). This legisla­ course. crisis. This bill will help improve the quality of tion would put import sanctions on foreign The restriction on judicial taxation would ex­ care and the number of health care profes­ companies found selling nuclear equipment, tend to the Supreme Court, and to Federal in­ sionals in the rehabilitation field. As our coun­ materials, or technology, or nuclear use items, ferior courts as well. The court's decision rep­ try's population ages and our medicine be­ without the proper safeguards. resents a very real threat to our system of comes more sophisticated, the need for phys­ TwELVE FOREIGN FIBMS REPORTEDLY EN­ government, and I urge my colleagues to join ical therapists, occupational therapists, and GAGED IN NUCLEAR WEAPONS-RELATED me in this effort to preserve the separation of many more health care professionals in­ TRADE WITH IRAQ powers envisioned by the Founding Fathers creases. Congress must not wait for this crisis FIRM 4: GILDEMEISTER PROJEKTA GMBH and prescribed by the Constitution. to grow before acting. (GERMANY) H.R. 1466 Gildemeister Projekta, GmbH is a general Be it enacted by the Senate and House of Rep­ construction contractor. The firm is a sub­ THE ALLIED HEALTH PROFES­ resentatives of the United States of America in sidiary of Gildemeister AG and C. Plath. C. SIONS PROMOTION ACT OF 1991 Congress assembled, Plath is a subsidiary of the U.S. firm Litton SECTION 1. SHORT TITLE. Industries. In 1989, the German government HON. TERRY L BRUCE This Act may be cited as the "Allied conducted investigations of Gildemeister Heal th Professionals Promotion Act of 1991". Projekta for allegedly supplying laboratory OF ILLINOIS equipment and missile propulsion tech­ IN THE HOUSE OF REPRESENTATIVES SEC. 2. REFERENCES. Whenever in this Act an amendment or re­ nology to a secret Iraqi military research · Tuesday, March 19, 1991 center called Sa'ad 16. Israeli intelligence peal is expressed in terms of an amendment claims the facility to be a warhead develop­ Mr. BRUCE. Mr. Speaker, I rise today to in­ to, or repeal of, a section or other provision, ment center. Gildemeister Projekta was the troduce the Allied Health Professions Act of . the reference shall be considered to be made general contractor responsible for the DM 1991. This legislation is also being introduced to a section or other provision of the Public 400 million project, which involved a number on the Senate side by Senator of Health Service Act (42 U.S.C. 201 et seq.). of other subcontracted German firms, includ­ SEC. 3. USE AND AUTHORIZATION OF PROJECT Iowa. GRANTS AND CONTRACl'S. ing MBB. Gildemeister Projekta placed an In the rehabilitation fields the vacancy rates order in 1986 with two U.S. companies, Elec­ (a) UsE.-Section 796(b) (42 U.S.C. 295h- tronics Associates of New Jersey and Gould for available personnel have risen up to as 5(b)) is amended by adding at the end thereof of Fort Lauderdale, who unwittingly sup­ much as 20 percent in some regions, while in the following new paragraph: plied the Sa'ad 16 complex with a sophisti­ others, almost every slot is empty. For those "(3) The Secretary shall allocate 75 percent cated computer for simulating ballistic mis­ who want to become physical and occupa­ of the funds authorized under section (d) for sile flights. tional therapists, they have the pick of almost grants and contracts made or entered into any area of the country or any place to work, under subsection (a) to those allied health fields or specialties as the Secretary shall, because there are seven jobs for every one from time to time, determine to have- TAXATION WITHOUT physical or occupational therapist. "(A) the most significant national or re­ REPRESENTATION, 1990'S STYLE In the next 30 years, the number of Ameri­ gional shortages of practitioners; and cans over the age of 65 will increase from 21 "(B) as significant role in the care and re­ HON. E. 1HOMAS COLEMAN million to 54 million. The demand for all health habilitation of clients and patients who are OF MISSOURI care workers will increase by 42 percent by elderly or disabled.". (b) AUTHORIZATION OF APPROPRIATIONS.­ IN THE HOUSE OF REPRESENTATIVES the year 2000, because of the increased aver­ age age. The demand for physical therapists Subsection (d) of section 796 (42 U.S.C. 295h- Tuesday, March 19, 1991 5(d)) is amended to read as follows: will increase by 87 percent. In contrast to this, "(d) For the purpose of making payments Mr. COLEMAN of Missouri. Mr. Speaker, in the entire labor force is expected to increase under grants and contracts under subsection April of last year, the Supreme Court ruled by only 19 percent. (a), there are authorized to be appropriated that Federal courts have the power to order lo­ While the demand will continue to climb for $7 ,000,000 for fiscal year 1992, $9,000,000 for fis­ calities to raise taxes, clearly violating the sep­ health care professionals, the supply will not. cal year 1993, and $11,000,000 for fiscal year aration of powers carefully crafted in the Con­ The American Medical Association reports that 1994.". stitution and usurping the power of the people the number of graduates of professional pro­ SEC. ALLIED HEALTH STIJDENT to counter unfair and burdensome taxes grams and the quality of these graduates has TRAINEESHIPS. through the legislative branch. been declining steadily. Title VIl is amended by adding after sec­ tion 796 (42 U.S.C. 295h-5) the following new As we all know, taxation without representa­ The baby boom days have ended and the section: tion prompted Americans to fight a revolution labor pool is decreasing. Today the majority of "SEC. 796A. ALLIED HEALTH STIJDENT and declare themselves an independent na­ health care workers are women, but the op­ TRAINEESHIPS. tion, and I do not believe Americans today are portunities for women in other fields have in­ "(a) GRANTS.-The Secretary may make any more willing to be taxed by unelected creased dramatically during the past 20 years. grants to, and enter into contracts with, 6668 EXTENSIONS OF REMARKS March 19, 1991 public and nonpublic private schools of allied in the development of a research base in the sistence, and other necessary expenses in­ health, or other educational entities offering allied health profession; curred by them in the performance of their an allied health program, to assist students "(E) appropriate efforts to be carried out duties. in meeting the costs of entry level edu­ by health care facilities, schools and pro­ "(h) ADMINISTRATION.- cation. grams of allied health, and professional asso­ "(!) IN GENERAL.-To carry out this sec­ "(b) USE OF GRANTS.-Grants or contracts ciations with respect to the matters speci­ tion, the Council may- awarded under subsection (a) shall be used to fied in subparagraphs (A), (B), and (C), in­ "(A) collect such information, hold such assist in the payment of costs associated cluding efforts for changes in undergraduate hearings, and sit and act at such times and with tuition, fees, and such other stipends and graduate allied health education pro­ places, either as a whole or by subcommit­ and allowances for trainees as the Secretary grams, and private support for research ini­ tee, and request the attendance and testi­ may consider necessary. tiatives; mony of such witnesses and the production "(c) LIMITATION.-The Secretary shall allo­ "(F) deficiencies and needs for improve­ of such books, records, correspondence, cate 75 percent of the funds authorized for ments in existing data bases concerning the memoranda, papers, and documents as the grants and contracts made or entered into supply and distribution of training programs Council or such subcommittee may consider under subsection (a) to those allied health for allied health in the United States and available; and fields or specialties as the Secretary shall, steps that should be taken to eliminate "(B) request the cooperation and assist­ from time to time, determine to have- ' those deficiencies; and ance of Federal departments, agencies, and "(1) the most significant national or re­ "(G) problems, and recommendations for instrumentalities, and such departments, gional shortages of practitioners; and their resolution, relating to the roles and agencies, and instrumentalities, are author­ "(2) a significant role in the care and reha­ functions of professionals within the allied ized to provide such cooperation and assist­ bilitation of. clients and patients who are el­ health fields and other fields such as medi­ ance. derly or disabled. cine and dentistry; and "(2) COORDINATION.-The Council shall co­ "(d) TAXATION.-Notwithstanding · any "(2) encourage entities providing allied ordinate activities carried out under this other provision of law, any payment to, or on health education to conduct activities to section with the activities of the National behalf of, a participating student of tuition voluntarily achieve the recommendations of Advisory Council on Health Professions Edu­ under this section shall be exempt from tax­ the Council under paragraph (l)(E). cation under section 702 and with the activi­ ation. "(b) COMPOSITION.-The Council shall be ties of the Secretary under section 708. The "(e) AUTHORIZATION OF APPROPRIATIONS.­ composed of-- Secretary shall, in cooperation with the For the purpose of carrying out this section, "(1) the Assistant Secretary for Health; Council and pursuant to the recommenda­ there are authorized to be appropriated "(2) the Administrator of the Health Care tions of the Council, take such steps as are $10,000,000 for fiscal year 1992, $12,000,000 for Financing Administration; practicable to eliminate deficiencies in the fiscal year 1993, and $14,000,000 for fiscal year "(3) the Assistant Secretary for Defense data base established under section 708 and 1994.". (Health Affairs); shall make available in its reports such com­ "SEC. S. ADVANCED TRAINING OF ALLIED "(4) the Chief Medical Director of the De­ prehensive data sets as are developed pursu- HEALTH PERSONNEL. partment of Veterans Affairs; ant to this section. · Section 797 (42 U.S.C. 295h-6(c)) is amend­ "(5) eight members appointed by the Sec­ "(i) REPORTS.-ln the reports required ed- retary to represent the allied health profes­ under subsection (a), the Council shall speci­ "(1) in subsection (a), in paragraphs (1) and sions, of which 2 shall be representatives of fy its activities during the period for which (2), by striking "doctoral" each place such such professionals who provide rehabilita­ the report is made.". term appears and inserting "postgraduate"; tion services; and SEC. 7. DEFINITIONS REGARDING ALLIED and "(6) five members appointed by the Sec­ HEALTH. "(2) by amending subsection (c) to read as retary, including representatives of schools "(a) ALLIED HEALTH PROFESSIONAL.-Sec­ follows: and programs of allied health, health care fa­ tion 701(13) (42 U.S.C. 292a(13)) is amended in "(c) AUTHORIZATION OF APPROPRIATIONS.­ cility employers of allied health personnel, the matter preceding subparagraph (A) by For purposes of making payments under health insurers, and professional organiza­ striking "means" and inserting the follow­ grants and contracts under subsection (a), tions representing the allied health profes­ ing: "does not include any registered nurse there are authorized to be appropriated sions. and otherwise means". $7,000,000 for fiscal year 1992, $9,000,000 for fis­ "(c) APPOINTMENT.- "(b) ALLIED HEALTH PERSONNEL.-Section cal year 1993, and Sll,000,000 for fiscal year "(!) TERMS.-Members of the Council ap­ 795(1) (42 U.S.C. 295h-4(1)) is amended by 1994.". pointed under paragraphs (4) and (5) of sub­ striking "means" and inserting the follow­ section (b) shall be appointed for a term of 4 ing: "does not include any registered nurse SEC. 8. ADVISORY COUNCIL ON ALLIED HEALTH. years, or until a replacement is appointed, and otherwise means". Subpart II of part G (42 U.S.C. 295h-4 et except that the term of office of three of the SEC. 8. EFFECTIVE DATE. seq.) is amended by adding at the end thereof members first appointed shall expire, as des­ of the following new section: The amendments made by this Act shall ignated by the Secretary at the time of ap­ take effect October l, 1991, or upon the date "SEC. 798A. ADVISORY COUNCIL ON ALLIED pointment, at the end of 4 years. of the enactment of this Act, whichever oc­ HEALTH. "(2) TIME FOR APPOINTMENT.-The Sec­ curs later. "(a) ESTABLISHMENT.-There is established retary shall appoint the first members to the within the Health Resources and Services Council under paragraphs (4) and (5) of sub­ Administration an Advisory Council on Al­ section (b) not later than 60 days after the INTRODUCTION OF LEGISLATION lied Health (hereafter in this section referred date of the enactment of the Allied Health TO DIVEST THE SAN CARLOS IN­ to as the 'Council'). The Council shall- Professionals Promotion Act of 1991. "(1) meet twice annually to provide advice "(d) CHAIRPERSON.-The Council shall elect DIAN IRRIGATION PROJECT and make recommendations to the Sec­ one of its members as Chairperson of the retary, the Administrator of the Health Re­ Council. HON. JIM KOLBE sources and Services Administration, and to "(e) QuoRUM.-Nine members of the Coun­ OF the Committees on Labor and Human Re­ cil shall constitute a quorum, but a lesser sources and Finance of the Senate and the number may hold hearings. IN THE HOUSE OF REPRESENTATIVES Committees on Energy and Commerce and "(f) VACANCIES.-Any vacancy in the Coun­ Tuesday, March 19, 1991 Ways and Means of the House of Representa­ cil shall not affect its power to function. Mr. KOLBE. Mr. Speaker, along with Chair­ tives, with respect to-- "(g) COMPENSATION.-Each member of the "(A) the supply and distribution of allied Council who is not otherwise employed by man UDALL and the other Members of the Ari­ health personnel in the United States; the United States Government shall receive zona delegation, I am today introducing legis­ "(B) current and future shortages or ex­ compensation at a rate not greater than the lation to authorize the Secretary of the Interior cesses of allied health personnel; daily rate prescribed for GS-18 under the to divest the San Carlos Indian irrigation "(C) priority research needs within the al­ General Schedule under section 5332 of title project's power transmission and distribution lied health professions; 5, United States Code, for each day, includ­ system. Although we first introduced this legis­ "(D) appropriate Federal policies with re­ ing traveltime, such member is engaged in lation in April 1987, divestiture actually has spect to the matters specified in subpara­ the actual performance of duties as a mem­ been in the making for over 6 years. graphs (A), (B), and (C), including policies ber of the Council. A member of the Council concerning changes in the financing of un­ who is an officer or employee of the United The reasons for divestiture are clear. The dergraduate and graduate allied health pro­ States Government shall serve without addi­ system was built for the Gila River Indian grams, changes in the types of allied health tional compensation. All members of the community and the San Carlos irrigation and education, and the appropriate Federal role Council shall be reimbursed for travel, sub- drainage district, who together still owe about March 19, 1991 EXTENSIONS OF REMARKS 6669 $9 million for the cost of constructing the sys­ session, however, several final issues were I believe to be legitimate concerns advanced tem. Both are completely dissatisfied with the raised by the BIA and the Office of Manage­ by the environmental community. This revised management of the system by the Bureau of ment and Budget. Those issues have been legislation provides important inducements for Indian affairs. fairly dealt with in this year's bill. Although the the conduct of environmental assessments; The San Carlos Apache Tribe is similarly process has at times been slow and tortuous, clarifies that lenders and other parties who are dissatisfied with the operation of the system. the result of years of refining, amending, and directly responsible for environmental damage The tribe claims it has never received the ben­ perfecting the divestiture are evident in this do not escape appropriate but limited liability; efits promised to them by Congress, and outstanding legislation. precludes the use of sham trusts to evade li­ would like to operate that portion of the sys­ I am hopeful that the bill will receive an ability; leaves in place existing protections tem that is on their reservation. early hearing and that a quick and successful against undue enrichment for lenders as the Federal Indian policy is abundantly clear disposition of the San Carlos irrigation project result of environmental cleanups; ensures that that if the tribes desire to operate their own will result. The Indian population the project parties actually exercising the responsibilities electrical systems-or any other program, for was designed to serve, the irrigation district, of owner/operators cannot avail themselves in­ that matter-then, in the name of self deter­ the electric consumers of eastern Pinal Coun­ appropriately of the exemption; encourages mination, they should be allowed to do so. ty, and the taxpayers of America will all be lenders to take action to remedy enviromental Further, if the tribes, rather than BIA, oper­ better for our efforts. damage rather than walk away from their col­ ate their own electrical systems, there is no lateral; and requires lenders foreclosing on reason why the BIA, whose very purpose is to property to move diligently to dispose of that serve Indians, should operate an off-reserva­ SMALL BUSINESS AND OTHERS property in order to remain within the bounds tion electrical system to serve non-Indians. NEED CERTAINTY UNDER of the exemption. In addition, the nonreservation residents of SUPERFUND Mr. Speaker, I fully believe that this revised Pinal County served by the project have re­ legislation optimally balances the legitimate peatedly complained about unreliable service HON. JOHN J. LaFALCE but competing interests involved in this issue. and mismanagement of the SCIP system by OF NEW YORK Drawn from EPA draft language for the most the BIA. IN THE HOUSE OF REPRESENTATIVES part and responding to environmental con­ A recently completed audit of the project, cerns, this bill provides benefits for every­ the first 65 years, confirms the claims of the Tuesday, March 19, 1991 one-business can find financings, environ­ tribes and non-Indians. The audit makes pain­ Mr. LAFALCE. Mr. Speaker, last year, I was mental groups can gain comfort that lenders fully clear that the system has labored under honored to have over 290 of my colleagues have pressures upon them to do a good job decades old mismanagement, nonfeasance join me in proposing legislation, H.R. 4494, to in the environmental area, the government and neglect. clarify an area of environmental law that ad­ agencies and the private financial community The legislation that I am introducing today versely impacts businesses of all types. can have certainty in dealing with existing and will accomplish many important goals. First, Last week I introduced new legislation-­ new financial arangements, and Superfund the central Arizona communities will enjoy a H.R. 1450--that aims to clarify the exemption and EPA should see benefits in terms of significantly more reliable and certain electrical in the Superfund law for secured parties, an greater certainty and increased activity by par­ system. Second, the Department of the Inte­ exemption that was part of the original law in ties in preventing discharges and acting on rior will be rid of a system that has outgrown 1980. This clarification is based on a draft rule private cleanups. its original purpose. Third, the Gila River and · prepared by EPA, after EPA gave careful con­ We need legislation and we need it soon, if San Carlos Apache Tribes will have the oppor­ sideration to all the competing arguments of capital is again to flow freely to creditworthy tunity to pursue their rights to self-determina­ environmentalists and lenders alike. I believe businesses. I urge my colleagues to work for tion and economic self-sufficiency. EPA crafted a balance rule to accommodate the early consideration and enactment of leg­ Moreover, this bill will settle debt obligations those competing concerns. Action on this islation on this issue. of the two principal clients of the San Carlos issue is crucial. The legislation follows: project: the San Carlos irrigation and drainage During the 101 st Congress, the Small Busi­ H.R. 1450 district and the Gila River Indian community. ness Committee held hearings to explore the Be it enacted by the Senate and House of Rep­ The money received from these debt settle­ impact of the current uncertainty regarding the resentatives of the United States of America in ments will be used to establish an environ­ exemption provisions on lending to small busi­ Congress assembled, SECTION 1. Subsection 101(20) of the Com­ mental protection account. This account will ness. This uncertainty resulted from a series prehensive Environmental Response, Com­ be available to solve problems that may arise of court cases since 1985. This uncertainty pensation, and Liability Act of 1980 (42 associated with the disposal of transformers or has adversely affected the ability of otherwise U.S.C. 9601(20)) is amended- equipment which contain hazardous materials. good businesses to borrow funds. (1) by striking the last sentence of para­ I would also like to say a few words about T estirnony from Government agencies, busi­ graph 101(20)(A) and by inserting the follow­ the project employees. Approximately 65 peo­ ness community representatives, environ­ ing new paragraphs 101(20) (E) and (F): ple whose jobs are related to the power sys­ mentalists, and bankers made clear that banks "(E)(i) The term 'owner or operator' does tem may be affected by divestiture. We pledge and other lending institutions are increasingly not include a person who, without partici­ pating in the management of a vessel or fa­ to make sure they are treated fairly. Their refusing loans to creditworthy small busi­ cility, holds indicia of ownership primarily services will continue to be a valuable re­ nesses that either use hazardous materials or to protect his or her security interest in the source and I am confident they will have op­ are located in areas of possible contamination vessel or facility. portunities to use their abilities. We have in­ because of fears regarding potential liability "(ii) The term 'indicia of ownership' means cluded in the bill language that will provide a generated by court action. In the continuing any interest in a vessel or facility acquired variety of post-divestiture opportunities and credit crunch in which we find ourselves, we either (1) for the purpose of securing pay­ benefits to them. This legislation is not in­ cannot tolerate unnecessary impediments to ment of a loan or indebtedness or the per­ formance of an obligation, including the per­ tended to reflect on their work. The SCIP em­ appropriate lending. formance of a lease obligation or (II) in the ployees are dedicated and capable profes­ It is noteworthy that EPA itself acknowl­ course of protecting a security interest. sionals. The Federal Government has simply edged that legislation might well be necessary, "(iii) The term 'participating in the man­ not been able to devote the necessary re­ even if a rule were eventually promulgated, to agement of a vessel or facility' means the ac­ sources to a project that serves a different provide certainty through statutory guidance. tual, direct, and continual or recurrent exer­ purpose than originally intended. As previous EPA testimony indicates, the cise of managerial control by a person over For over 6 years all parties involved with di­ agency is itself acutely aware that the current the vessel or facility in which he or she holds vestiture have worked extremely hard to re­ uncertainty is impacting adversely on the abil­ a security interest, which managerial con­ trol materially divests the borrower, debtor, spond to various concerns and issues as they ity of a range of busnesses to obtain financ­ or obligor of such control. arose. All interested parties have had ample ing, even for projects directed at environ­ "(iv) The term 'primarily to protect his or opportunities to be heard. Last year, the dives­ mental cleanup. her security interest' includes but is not lim­ titure bill that was introduced was an excellent One of the major motivations behind my re­ ited to ownership interests acquired as a piece of legislation. Just before the end of the vision of this legislation was to address what co:Q.sequence of exercising rights as a secu- 6670 EXTENSIONS OF REMARKS March 19, 1991 rity interest holder respecting a vessel or fa­ nition shall be construed to be parallel and So guess what plan the Treasury Depart­ cility, where such exercise is necessary or comparable to that specified in paragraph ment has to solve our financial problems. In­ appropriate to protect the security interest, 101(20)(E) of the Comprehensive Environ­ stead of coming up with a plan to restore the to preserve the value of the collateral, or to mental Response, Compensation, and Liabil­ Bank Insurance Fund, the Treasury wants to recover a loan or indebtedness or to redress ity Act of 1980." tamper with the credit union fund-the only an obligation secured by such interest. A solid fund. person who holds indicia of ownership in a Next week Treasury is planning to send its vessel or facility and who acquires title or a LEAVE CREDIT UNIONS ALONE financial reform package to the Congress. right to title to such property upon default The Subcommittee on Financial Institu­ under the security arrangement, or at, or in HON. LARRY LaROCCO tions, which I chair, will begin hearings im­ lieu of, foreclosure, shall continue to hold mediately. When we vote on that legislation, such indicia of ownership primarily to pro­ OF IDAHO I will offer an amendment to strike out any tect his or her security interest so long as he IN THE HOUSE OF REPRESENTATIVES provision that unfairly changes the way or she diligently is proceeding to sell or con­ Tuesday, March 19, 1991 credit unions and their Federal regulators do vey title or the right to title on commer­ business. And I predict that my amendment cially reasonable terms at the earliest pos­ Mr. LAROCCO. Mr. Speaker, on February 5, will be passed overwhelmingly. sible time while preserving the property in Treasury Secretary Nicholas Brady unveiled My message to those who seek to damage the interim. and transmitted to Congress the long antici­ the credit union spirit and to make unneces­ "(v) Actions taken by a person to fore­ pated FIRREA mandated study for reform of sary credit union changes is simple. Leave close, sell, or otherwise cause the transfer of our Nation's financial institution system. Enti­ credit unions alone. the vessel or facility subject to his or her se­ tled "Modernizing the Financial System: Rec­ curity interest, or to preserve and protect ommendations for Safer, More Competitive the value of such vessel or facility, or other­ wise to exercise rights of a security interest Banks," this 650-page manuscript provides a INTRODUCTION OF THE HEALTH holder specified in subparagraph (iv) above, broad description of the legislative proposal INSURANCE FOR THE UNEM­ or to assist the borrower, debtor, or obligor the administration will soon be submitting to PLOYED ACT OF 1991 in winding down its operations or activities Congress. related to such vessel or facility shall not be Included in the Treasury Secretary's rec­ HON. FORTNEY PETE STARK deemed 'participating in the management of ommendations for reform are suggestions that a vessel or facility' within the meaning of OF CALIFORNIA the regulatory and insurance systems under IN THE HOUSE OF REPRESENTATIVES this paragraph. Completion of an environ­ which credit unions function be overhauled. I mental inspection or evaluation consistent Tuesday, March 19, 1991 with good commercial or customary practice am troubled by these suggestions, since credit by or for the use of a security holder is pro­ unions-alone as a class of institutions-have Mr. STARK. Mr. Speaker, I am pleased to bative evidence that the security holder is survived and prospered despite the economic introduce H.R. 1492, the Health Insurance for acting to preserve and protect the vessel or stresses which were the undoing of so many the Unemployed Act of 1991. facility during the time the security holder other, for profit, institutions. Since the summer of last year, the economy may have possession or control of such ves­ I would like to align myself with remarks de­ of the United States has been sliding into a re­ sel or facility. livered recently by the distinguished chairman cession. The unemployment rate was 5.3 per­ "(vi) A person who, in taking actions re­ of the House Banking Subcommittee on Fi­ ferred to in subparagraph (v) above respect­ cent in the first half of 1990 and is projected ing a vessel or fac111ty, causes or exacerbates nancial Institution Regulation, Supervision, and to increase to a peak of 6.9 percent in 1991. a release or threatened release of a hazard­ Insurance, Mr. ANNUNZIO of Illinois, who has Given this increase, an additional 2 million ous substance shall be liable for the cost of pledged to offer an amendment to strike any people will be unemployed in 1991 than in such response, to the extent that the release provision for us and which unfairly changes 1990. As many as 20 million people are likely or threatened release is attributable to the the way credit unions and their Federal regu­ to experience some period of unemployment person's activities. lators do business. His message is one I during the year. "(F)(i) A fiduciary or trustee who acquires closely identify with: "Leave credit unions ownership or control of a vessel or facility These national averages mask the fact that without having owned, operated or partici­ alone." in many States, the actual unemployment situ­ pated in the management of that vessel or A partial text of his remarks follow: ation will be much worse. facility prior to assuming ownership or con­ REMARKS OF HON. FRANK ANNUNZIO Many of these workers, and their depen~ trol as fiduciary or trustee shall not be an Some 20 years ago, Wright Patman, the ants, are losing not only their income, but owner or operator under this Act. Godfather of credit unions, said quote, "next often also their protection against the high "(11) A fiduciary or trustee who willfully, to the church, credit unions do more good for cost of health care--their health insurance. In knowingly, or recklessly causes or exacer­ people than any other institution." That bates a release or threatened release of a statement is equally true today, particularly the case of illness, they may face complete hazardous substance shall be liable for the in light of the spectacular successes our and total financial ruin. cost of such response, to the extent that the troops are having in the Persian Gulf War. Increasing numbers of unemployed will release or threatened release is attributable Many of our troops are credit union mem­ swell the ranks of the uninsured-people with­ to the fiduciary's or trustee's activities. bers, and I know it gives our men and women out health insurance. The uninsured are al­ "(iii) Nothing in this subsection shall pre­ in the desert a sense of comfort to know that ready placing intolerable strains on our health vent claims against the assets that con­ their credit union is helping them through care system. Public hospitals and community stitute the estate held by the fiduciary or some tough financial times. trustee or the filing of actions against the fi­ For example, the Wright Patman Federal health centers, providers that typically bear the duciary or trustee in its representative ca­ Credit Union here at the House of Represent­ burden of caring for the poor and uninsured, pacity"; and atives has waived all interest on loans to are already seeing increases in the demands (b) by adding at the end of subsection servicemen and women in the Gulf while for their attention. Resources that are only 107(a) the following sentence: "The liability they are on active duty. The credit union minimally adequate are being forced to stretch established by subparagraphs 101(20) (E)(vi) didn't have to do it, and it didn't wait for the even further. and (F)(ii) shall be deemed to arise under shooting to start, but put the program in op­ There are provisions in current law that en­ this subsection." eration the day the first reservists were SEC. 2. The Resource Conservation and Re­ called up, months ago. able people who have lost their jobs to pur­ covery Act of 1976 is amended- We have many financial problems in this chase health insurance coverage from their (a) by adding at the end of section 1004 the country. We have a problem with the savings prior employer. Known as the COBRA continu­ following paragraph: and loans. The banks are having problems, ation requirements, individuals can purchase "(41) The terms 'owner,' 'operator,' 'gener­ and the FDIC fund is nearly bankrupt and this insurance for up to 18 months for the full ator' and 'transporter' do not include a per­ may cause the taxpayers an even bigger cost of coverage. The premium for this cov­ son who would not be an owner or operator problem. But what we don't have is a credit erage is priced at group rates, as opposed to within the meaning of paragraphs 101(20) (E) union problem. The National Credit Union and (F) of the Comprehensive Environmental Share Insurance Fund is the only Federal in­ the more expensive individual rates. Response, Compensation, and L1ab111ty Act surance fund that ls on a sound footing and However, the availability of this coverage of­ of 1980."; and in no danger of needing taxpayer help. Only fers little consolation to the long-term unem­ (b) by adding at the end of paragraph a mother's arms are safer than the Credit ployed during a recession. The average 9003(h)(9) the following sentence: "This defi- Union Share Insurance Fund. monthly cost of family coverage under COBRA

I. ~ _. • ,.' • - _, - • L - • • • , • • • .I- ~ • .. March 19, 1991 EXTENSIONS OF REMARKS 6671 can exceed an estimated $400 per month, ance Reform Act of 1991 that would, among Medicare, except that they would not be al­ while the average monthly unemployment other things, expand the pool of workers that lowed to enroll in a Medicare cost or risk­ compensation check is only $730. would be eligible for extended unemployment contracting health maintenance organiza­ A family may be willing to commit to this compensation benefits. tion. The Secretary of Health and Human Serv­ level of expense when the prospects for reem­ I hope that the bill I am introducing today ices would be permitted to make adjust­ ployment are good. In times of recession, fam­ would be considered in the context of ex­ ments in the rates of payments to hospitals ilies are more likely to forgo this needed cov­ panded availability of long-term unemployment and physicians to take into account the erage, husband their resources, and simply benefits. characteristics of the population enrolling as hope to stay healthy. The proposed legislation is currently under a result of the bill. It is also true that many of the short-term review by the Congressional Budget Office. The bill amends Section 4980B of the Inter­ unemployed retain some type of health cov­ The bill has been drafted without the financing nal Revenue Code which provides for the so­ erage, usually through their spouse's employ­ necessary to cover its costs. I fully anticipate called COBRA continuation coverage. Under COBRA coverage, individuals who lose their ment, or through special separation benefits that these benefits, if adopted by the Commit­ group health insurance coverage due to job from their prior employer or union. tee on Ways and Means, will be fully financed loss and other specified reasons may pur­ However, the probability that an unem­ on the required pay-as-you-go basis. chase health insurance from their prior em­ ployed person will have some form of health I urge my colleagues to support this bill and ployer for up to 18 months at no more than insurance declines as the period of unemploy­ move for its timely consideration. 102 percent of the group rate. This bill pro­ ment lengthens. Thus, the long-term unem­ A section-by-section summary of the bill fol­ vides that, for the purpose of determining ployed are less likely than the short-term un­ lows: the months of eligibility for continuation coverage under COBRA, the maximum cov­ to have any form of health insur­ SECTION-BY-SECTION SUMMARY OF THE employed erage would be increased by the weeks that ance. HEALTH CARE FOR THE UNEMPLOYED ACT OF such individual elects coverage for Medicare The bill I am introducing today, the Health 1991 under this bill. Insurance for the Unemployed Act of 1991, Section 1. Title would make health insurance available to the Section 2. Medicare Benefits for Individ­ long-term unemployed. uals Receiving Certain Unemployment Bene- CAMPAIGN FINANCE NEEDED TO Under this bill, individuals who qualify for fits . RESTORE CONFIDENCE IN CON­ The bill would amend the Federal-State extended unemployment compensation bene­ Extended Unemployment Compensation Act GRESS fits would also be entitled to enroll in the Medi­ of 1970 to provide that individuals receiving care Program. Enrollment could be on either extended benefits under either the unem­ HON. ROMANO L MAUOU an individual or family basis. Thus, each en­ ployment compensation program or trade ad­ OF KENTUCKY rolled person would have coverage for the justment allowances would be eligible to IN THE HOUSE OF REPRESENTATIVES elect to receive Medicare coverage. These in­ cost of hospital and physician services in the Tuesday, March 19, 1991 case of illness. dividuals could also elect family coverage The individual would be required to pay a which would provide Medicare benefits for Mr. MAZZOLI. Mr. Speaker, I commend to their spouse and dependant children. the attention of my colleagues the following modest weekly premium that would be de­ The coverage would apply to weeks during ducted from his or her weekly unemployment editorial from the March 3 Louisville Courier­ which the individual received extended bene­ Journal which underscores the need for Con­ compensation check. This premium would be fits. equal to the premium that currently applies to Individuals electing Medicare coverage gress to reform its election finance laws. the part B program under Medicare on a would be required to pay a weekly premium. Campaign finance reform is vital to assuring that Government serv~s all citizens, not just weekly basis. In 1991, the weekly premium For individual coverage, the premium would monied special interests, and to restoring the would be $6.90. For approximately twice that be equal to the monthly Part B premium di­ vided by 4.35, the average weeks in a month. faith of our citizens in the political system. amount, $14.15, the individual could elect fam­ The premium would be $6.90 in 1991. For fam­ I am a proud original cosponsor of H.R. ily coverage. ily coverage, the premium would be 2.07 1177, the Clean and Fair Elections Act of When using services, the covered individual times the individual premium, reflecting the by Representatives MIKE average family size of such individuals. 1991, introduced would also be responsible for paying Medi­ SYNAR and DAN GLICKMAN on February 28. care's usual deductible and coinsurance The applicable premium would be deducted from the extended benefit cash payment. This comprehensive legislation establishes amounts. voluntary spending limits for campaigns in ex­ The coverage made available under this bill The premium amounts deducted from the cash benefits would be transferred into the change for discounted broadcast and postal would be limited to those weeks during which Hospital Insurance (ID) and Supplementary rates, special communication vouchers, and a extended unemployment compensation bene­ Medical Insurance (SM!) trust funds. Sixty 100 percent tax credit for small contributors. fits are paid. percent of the premium amounts would go H.R. 1177 also limits Political Action Com­ It is important to recognize that the Medi­ into the m trust fund, and the remainder mittee [PAC] contributions to $1,000 and limits care program offers the most efficient and into the SM! trust fund. The bill provides that the Secretary of the amount of a candidate's total treasury that cost-effective program for providing these im­ can be made up from PAC contributions. portant health insurance benefits. Labor would transmit information to the Secretary of Health and Human Services re­ H.R. 1177 strengthens current regulations Medicare is the most effective insurance garding the individuals who elect Medicare governing independent expenditures and re­ program in the country at controlling the coverage and the duration of their eligibility stricts the use of soft money and bundling. growth in health care costs. While the annual of such coverage. Mr. Speaker, I believe my colleagues will real increase in national health care expendi­ The Secretary of Labor would enter into find this editorial interesting-if not distu~ tures from 1985 through 1988 in the private agreements with States t9 administer the ing-and I hope it serves notice that campaign enrollment in and disenrollment from Medi­ sector was 4.3 percent, Medicare's real costs finance reform should be a high priority this increased by only two-thirds as fast, 2.9 per­ care of individuals who qualify for Medicare as a result of receiving extended unemploy­ Congress. cent. ment benefits. The States would also per­ AN ASSEMBLAGE OF FIXERS Medicare also has an efficient administrative form certain other administrative functions It's not easy for us to quote Sen. Jesse structure. Only 2.5 percent of Medicare's total relating to providing information and notice Helms with approval. However, in his impa­ costs are for administrative expenses. Private to workers regarding these health benefits. tient remarks during the Senate Ethics Com­ insurers typically spend between 1O and 15 Section 3. Medicare coverage and COBRA mittee investigation of the Keating Five, he percent of their costs on administration. Continuation for Individuals receiving Ex­ voiced conclusions that any reasonable citi­ Mr. Speaker, under current law, very few in­ tended Compensation or Trade Readjustment zen must share. dividuals are able to qualify for extended un­ Allowances "I don't believe anybody would have been The bill amends Title xvm of the Social involved with Mr. Keating if he didn't have employment compensation benefits. Thus, rel­ Security Act to provide for Medicare bene­ the ability to give other people's money atively few people would qualify for the health fits to individuals receiving extended com­ away," the senator declared. That's the way benefits proposed in this bill. pensation or trade readjustment allowances. it looks to many Americans. My colleague, Mr. DOWNEY, has introduced The benefits would be available on the same Sen. Helms' committee colleagues, espe­ a bill, H.R. 1367, the Unemployment Insur- basis as for other individuals entitled to cially Democrats, tended to be more chari- 6672 EXTENSIONS OF REMARKS March 19, 1991 table. They reserved their only serious re­ was organized to help parents help their chil­ Wyatt Earp, where he helped define the role buke for Sen. Alan Cranston of California, dren with learning. In the Fienberg PEARLS of the no-nonsense Western lawman. whose "impermissible" conduct was too ob­ Program parents meet with teachers Wednes­ Now, in its ninth year, the Western Walk of vious to ignore. days and Saturdays to learn how to help their Stars in Santa Clarita, CA, helps us all recall He benefited most from the generosity of Charles Keating, the infamous savings-and­ children develop test-taking skills, build self­ those celluloid heroes of a generation ago loan magnate who funneled $900,000 to Cran­ esteem, and read and write in English. The who helped us learn that crime did not pay, ston political causes. And the links, in time program also encourages parents to share in that a man's word was his bond, and that and place, between the dollars and the sen­ additional activities with their children, such as chivalry and honor were virtues to emulate. ator's efforts to help Mr. Keating fend off science fair projects. The workshops are in Certainly, Hugh O'Brian has earned U.S. regulators were, as the committee ten­ Spanish, English, and Creole to assist enshrinement. derly put it, substantial. Fienberg's multilingual student population. The But Hugh also is a noted philanthropist, in So he faces disciplinary action, probably a Fienberg PEARLS Program is supported by the spirit of volunteerism that helped make reprimand, by the full Senate. The four oth­ ers, who received less, but still considerable the full faculty and many community volun­ America great. After a meeting with Albert help from Mr. Keating for various political teers, in particular: Rosa White, assistant prin­ Schweitzer, Hugh became a strong believer in campaigns, were mildly berated for having cipal; Dr. Menia G. Stone, principal; Corrine serving humanity, especially in the area of exercised poor judgment. The committee de­ Thiel, Fredeswinda Torres, Bryna Berman, education. That is why he established the cided that was severe enough even though Linda Cage, Valerie Wilkinson, Geraldine Wal­ Hugh O'Brian Youth Foundation to seek out, two of them had been particularly aggressive ton, Octavia Sumlar, Carolyn Curtiss, Ina recognize, and reward leadership potential in in their interventions on behalf of Mr. McNeil, Nancy Mitchell, Leonora Clark, Debo­ high school sophomores. Keating's Lincoln Savings & Loan. rah Gonzales, Deborah Markham (Ruggiero), Mr. Speaker, I ask my colleagues to join me The other two, though they had the sense to pull back early, still had ties to Mr. Dr. Ed Garret, Robin Heckler, and Bernice in honoring this fine actor and humanitarian as Keating (whom even the Reagan administra­ Gold. These individuals should be noted for he joins the likes of John Wayne, Tex Ritter, tion kept at arm's length) that ranged from their contribution. and Dennis Weaver as stars honored for cele­ close to very close. And they were a key part The Comstock Elementary School in Miami brating the romance of the Old West. of the phalanx of five powerful senators who has had great success with its PEARLS Pro­ confronted a federal bank regulator-an ex­ gram now 2 years old. The program has been perience that couldn't help but intimidate extremely helpful to a large number of His­ ROSEMARY JACKSON'S any bureaucrat. panic students and parents there. With the COMMUNITY SERVICE Will this reassure the public that Congress is getting serious about addressing an ethi­ guidance and enthusiasm of Merwyn Levin, cal dilemma that, to some degree, burdens principal; Flor Avila, Elena Arguelles, Jean HON. GUS YATRON almost every member? Not a chance. Sanders, Rosa Fernandez and a hard working OF PENNSYLVANIA The Keating Five defended themselves by faculty, the Comstock School has adapted to IN THE HOUSE OF REPRESENTATIVES arguing, much as naughty children do, that, the needs of a student body which is 70 per­ Tuesday, March 19, 1991 well, everybody does it. Indeed, citizens view cent Hispanic. Mr. Levin attributes a recent in­ Congress more and more as assemblage of crease in test scores in some grades and gen­ Mr. YATRON. Mr. Speaker, I rise today to fixers who run errands for constituents (i.e. eral academic improvement to the success of pay tribute to a woman who is truly a credit to campaign contributors). The routine ex­ the community of Reading, PA. I am speaking change of access and favors for political the PEARLS Program. Mr. Speaker, I am encouraged by the suc­ of Ms. Rosemary Jackson, who is being hon­ money is a way of doing business that is hard ored by the National Council on Alcoholism to distinguish from organized bribery. cess of the Parents Encourage Achievement Yet the committee, in judging the Five, in Reading, Learning and Self Esteem Pro­ and Drug Development. Ms. Jackson has had trouble accepting the concept, pushed gram. This program is a testament to the im­ dedicated 30 years of her life to Reading and vehemently by Special Counsel Robert Ben­ portance of the family to the learning process. in so doing has played a major role in various nett, that members bring the Senate into Mr. Speaker, as a Florida certified teacher, I facets of the community. She has provided disrepute and erode public confidence when know first hand that the best route to helping outstanding service and leadership to health, they even "appear" to be acting improperly. social work, cultural, religious, and outreach Perhaps this humiliating affair will finally children with learning problems is through their parents. The PEARLS Program plays a very organizations and programs. Through her move Congress to reform election finance dedication, she has served as an exemplary and adopt the kind of "appearance standard" special role in this parent-teacher relationship suggested by Mr. Bennett. But don't hold by helping parents feel confident in their ability member of the Reading community. your breath. to help their children learn. I commend the In reviewing Ms. Jackson's community ac­ participants of the PEARL Program and en­ tivities, a common · thread seems to run courage them to continue to strengthen this through thern--an interest in health, be it DADE PEARLS PROGRAM A vital link between teacher, child and parent. physical or mental health. She has volun­ SUCCESS teered her expertise in nursing to organiza­ tions such as the American Red Cross, Com­ HON. ILEANA ROS.LEHTINEN TRIBUTE TO HUGH O'BRIAN munity General Hospital, and Partakes of Drug OF FLORIDA Programs. Her contributions to these vital or­ IN THE HOUSE OF REPRESENTATIVES HON. ELTON GAllEGLY ganizations were by no means small ones. During her service to the American Red Tuesday, March 19, 1991 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Cross, Ms. Jackson received the First Nurse's Ms. ROS-LEHTINEN. Mr. Speaker, the most pin for 1,000 hours of service. In addition, she important and enduring lessons we learn Tuesday, March 19, 1991 dedicated 15 years to the Community General come from our parents. When parents show Mr. GALLEGLY. Mr. Speaker, I rise today to Hospital as a volunteer. Currently, as the insti­ their children by their own example the impor­ honor a great Western star and an outstand­ tutional coordinator for the Alanon drug pro­ tance of learning, their children will not soon ing humanitarian, Hugh O'Brian, who on Sat­ gram, she is actively involved in organizing forget Many mothers and fathers earnestly urday will be honored in my district with a drug-related programs in the Reading area. desire to pass on a passion for learning to bronze saddle on the Downtown Newhall Throughout these years of service, Ms. Jack­ their children but face difficulty in tutoring be­ Western Walk of Stars. son has also provided much support to pro­ cause of a language barrier. A program called Hugh O'Brian has had a long and distin­ grams helping women in crisis, the displaced, Parents Encourage Achievement in Reading, guished career that has seen him play in a and the needy. Furthermore, her involvement Leaming and Self-Esteem [PEARLS] in many wide variety of roles in movies ranging from and leadership in the church has remained Dade County elementary schools helps par­ "No Business Like Show Business" with constant. And this is only a sample of Ms. ents be more effective teachers of their chil­ Marilyn Monroe to "Twins" with Danny DeVito Jackson's outstanding devotion to the commu­ dren. and Arnold Schwarzenegger. But he will for­ nity. Recently, at the Fienberg Elementary ever be best remembered as the brave, coura­ Mr. Speaker, Ms. Jackson has brought in­ School in Miami Beach, a PEARLS Program geous, and bold marshal of Tombstone, AZ, spiration, leadership, and guidance to the March 19, 1991 EXTENSIONS OF REMARKS 6673 Reading community, and she epitomizes the sored by the St. Francis Hospital Auxiliary the minimum wage requirements. As I under­ essence of civic and community service. It is helps us to see both diversity and commitment stand it, the Federal Government tells these only fitting that she be recognized for her con­ to community in south Florida. I am proud to businesses that only 50 percent of the mini­ tributions. Indeed, it is an honor and a privi­ have the St. Francis Hospital Auxiliary and the mum wage amount in tips can be called lege to thank and commend Ms. Jackson on New World School of the Arts in my congres­ wages for purposes of computing the mini­ the House floor for her outstanding service. sional district and I encourage them to con­ mum wage. tinue in their unique contributions to society. I do not think that the Federal Government can have it both ways. It needs to treat tip in­ ST. FRANCIS HOSPITAL AUXIL­ come the same way for minimum wage pur­ IARY AND THE NEW WORLD JIM HANLEY RETffiES FROM UPS poses as it does for FICA tax purposes. My SCHOOL OF THE ARTS legislation would do that. Specifically, it would HON. STENY H. HOYER provide that employers pay FICA taxes on all HON. ILEANA ROS.LEHTINEN OF MARYLAND tips that are considered wages for purposes of OF FLORIDA IN THE HOUSE OF REPRESENTATIVES the minimum wage requirement but that they not be forced to pay FICA taxes on tips above IN THE HOUSE OF REPRESENTATIVES Tuesday, March 19, 1991 Tuesday, March 19, 1991 that amount. Mr. HOYER. Mr. Speaker, I want to pay tritr We need to remember that tip income is in­ Ms. ROS-LEHTINEN. Mr. Speaker, The St. ute today to Jim Hanley, who retired from come that passes between a customer and an Srancis Hospital Auxiliary held their annual United Parcel Service in January after 34 employee, and the employer has nothing to do fundraising luncheon on Friday, March 8, fea­ years with the company. His career has been with it. Tips are gratuities paid for a service, turing the New World Connection from the marked by loyalty, achievement, and profes­ and Congress has traditionally resisted treat­ New World School of the Arts. The St. Francis sionalism. ing all tips as wages precisely because it was Hospital Auxiliary has long played a support­ Jim Hanley began his UPS career in 1957 felt tips are not wage income in the traditional ing role in the success of St. Francis Hospital in the Metro New York district as a return sense. which earlier this year celebrated its 65th year clerk. In traditional UPS fashion, he worked This change in the FICA tax treatment of of service. The New World Connection from his way up the corporate ladder, working also tips has had a significant impact on a lot of the New World School of Arts is a touring mu­ in international assignments for the company small restaurants in North Dakota and around sical theater group which is part of an exciting in Canada and Germany. the country. I think we ought to change this magnet school program in Miami that pro­ In 1978, Jim was promoted to Nebraska dis­ unfair law. motes the arts in education. trict manager, and continued to be assigned to A copy of the bill follows: The St. Francis Hospital Auxiliary has dedi­ larger districts, in the west Carolinas, Atlantic H.R. 1472 cated itself to actively supporting the important region, and finally in February 1983, to metro Be it enacted by the Senate and House of Rep­ work of the St. Francis Hospital. The auxiliary D.C., based in Burtonsville. resentatives of the United States of America in has initiated a dynamic scholarship program to Jim Hanley's years at UPS were marked by Congress assembled, encourage hospital staff to seek additional de­ his contribution to transportation innovation SECTION 1. RESTORATION OF PRIOR LAW WITH gree in health service and administration. This and efficiency. I've personally worked with Jim RESPECT TO APPUCATION OF EM· program was formed in honor of Sister Mar­ on matters beneficial to Maryland, and I join PLOYER SOCIAL SECURITY TAX TO CASBTIPS. garet McManus, the distinguished president of his friends and colleagues in saying that I am (a) GENERAL RULE.-Subsection (q) of sec­ the hospital for 17 years. The auxiliary has sorry to see him go. tion 3121 of the Internal Revenue Code of 1986 also made a significant contribution to the new Nevertheless, Jim and his wife Diane, who (relating to tips included for both employer obstetrics ward. live in Annapolis, MD, will enjoy the benefits of and employee taxes) is amended- The auxiliary benefits from the leaderhip of: his dedication to the company in the future, (1) by striking "BOTH EMPLOYEE AND EM­ Robert Jackson, president; Marilyn Charles, and I and all his friends at UPS wish him and PLOYER TAXES" in the heading and inserting vice president; Helen Kurtz, recording; William his extended family the best of health and "EMPLOYEE TAXES", Altszayler, Estelle Antiles, Bernadette happiness in his retirement. (2) by inserting "other than for purposes of Cunningham, Beatrice Donato, Susan Dunn, the taxes imposed by section 3111" after Patrick A. Garret, Eleanor Glassman, Dorothy ''this chapter'', (3) by striking all that follows "such em­ Goldwasser, Florence Jubelirer, Marijo Kinney, UNF Affi FICA TAX PROVISION ployment" in the first sentence and insert­ Eleanor Lombardi, and Jan Valdesuso. ing a period, and The New World Connection is a model for HON. BYRON L DORGAN (4) by striking all that follows "at the time the promotion of the arts through the magnet OF NORTH DAKOTA received" and inserting a period. (b) CONFORMING AMENDMENTS.- school program in the Dade County schools. IN THE HOUSE OF REPRESENTATIVES The New World Connection is a touring, music (!) Subsections (a) and (b) of section 3111 of theater group led by choreographer, Clay Tuesday, March 19, 1991 such Code are each amended by inserting "and (t)" after "section 3121(a)". James; production manager, Paula Wane; and Mr. DORGAN of North Dakota. Mr. Speaker, (2) Section 3121 of such Code is amended by musical director, Vic Glaser. today, I am introducing legislation to correct inserting after subsection (s) the following The New World School of the Arts itself is an unfair FICA tax provision that requires new subsection: part of the public school system in Dade some employers to pay FICA taxes on income "(t) SPECIAL RULE FOR DETERMINING WAGES County. The student body is selected by audi­ their employees receive from customers in the SUBJECT TO EMPLOYER TAX IN CASE OF CER­ tion to take part in the school's unique curricu­ form of cash tips. TAIN EMPLOYERS WHOSE EMPLOYEES RECEIVE lum of the arts and tradition academics. Pres­ In 1987, Congress expanded the FICA tax INCOME FROM TIPS.-If the wages paid by an ently, the school is open to students from base by requiring employers to pay FICA employer with respect to employment during grade 10 through the junior year in college. taxes on the cash tips received by their em­ any month of an individual who (for services performed in connection with such employ­ Beginning in the fall of 1991, the school will ployees even though the income did not come ment) receives tips which constitute wages, offer its program to students grade 9 through from the employer. This was, I feel, a mistake. and to which section 3102(a) applies, are less a bachelor's degree in fine arts. Under the I do not believe that Congress fully understood than the total amount which would be pay­ creative leadership of Theater Director Jorge the adverse consequences of that 1987 deci­ able (with respect to such employment) at Gurera, Principal Mandy Offerel and Provost sion, and I believe it should be reconsidered. the minimum wage rate applicable to such Richard Klein, the New World School of the Right now, employers must treat tips as individual under section 6(a)(l) of the Fair Arts promises to continue its contribution to wages for tax purposes, and pay FICA taxes Labor Standards Act of 1938 (determined without regard to section 3(m) of such Act), the arts and education in Dade County, FL. on all tips earned by their employees. Yet, the the wages so paid shall be deemed for pur­ These two very different groups in south Federal Government says to these same busi­ poses of section 3111 to be equal to such Florida have in common the pursuit of excel­ nesses-typically a small restaurant-that they amount." lence, one in health care the other in edu­ can only consider a portion of their employee's (c) EFFECTIVE DATE.-The amendments cation. The "Sing Into Spring" event spon- tip income as wages for purpose of meeting made by this section shall apply with respect 6674 EXTENSIONS OF REMARKS March 19, 1991 to tips received (and wages paid) after De­ on account of his "failure to be a member of Court. I hope my colleagues will join me in cember 31, 1991. any profession or calling." However, the law supporting it. does not prevent the court from establishing Following is the text of my legislation: rules making it more difficult for members of a H.R.1485 A TRIBUTE TO BISHOP RAYMOND particular profession to qualify. Be it enacted by the Senate and House of Rep­ J. VONESH ON THE 50TH ANNI­ The Tax Court has established separate resentatives of the United States of America in VERSARY OF HIS ORDINATION qualifying rules for attorneys and Congress assembled, That (a) section 7463 of nonattorneys. Attorneys qualify for practice the Internal Revenue Code of 1986 (relating HON. GEORGE E. SANGMEISTER to disputes involving $10,000 in tax or less) is through a relatively simple procedure which amended by adding at the end thereof the OF ILLINOIS does not require that they show any particular following new subsection: IN THE HOUSE OF REPRESENTATIVES knowledge of tax law and procedures. But "(g) REPRESENTATION OF TAXPAYER.-ln Tuesday, March 19, 1991 nonattorneys, including certified public ac­ any case in which the proceedings are con­ countants and enrolled agents authorized to ducted under this section, any person who Mr. SANGMEISTER. Mr. Speaker, I rise practice before the IRS, must take a difficult is- today to pay tribute to Bishop Raymond J. written examination which emphasizes court "(1) a certified public accountant, or Vonesh, auxiliary bishop of Joliet, IL, who will "(2) an enrolled agent authorized to prac­ procedures as well as tax law. How difficult is be celebrating the 50th anniversary of his ordi­ tice before the Internal Revenue Service, this test? Generally, fewer than 10 percent of nation to the priesthood on May 3, 1991. shall be allowed to represent the taxpayer." those who take the test are able to pass it. Bishop Vonesh was ordained a priest on (b) The amendment made by subsection (a) For large tax cases, it makes sense to re­ May 3, 1941, and served as an assistant at shall take effect on the date of the enact­ quire a knowledge of both tax law and court­ Sacred Heart Church and Holy Name Cathe­ ment of this Act. room procedures for practice before the Tax dral in Chicago. Upon completion of a canon Court. While CPA's and enrolled agents have law degree in Rome, he worked at the Chi­ proven their knowledge of tax law in order to LEGAL AND ETHICAL ISSUES cago Tribunal. In addition, Bishop Vonesh qualify for their particular licenses, they have RAISED BY THE HUMAN GENOME spent 11 years as procurator of St. Mary of not had to display any knowledge of court­ PROJECT the Lake Seminary in Mundelein, IL. After the passing of the first bishop of Joliet, room procedures, and such knowledge could HON. MICHAEL A. ANDREWS Father Vonesh was sent by the Chicago Arch­ be crucial to their ability to represent clients. But small tax cases, those involving OF TEXAS diocese to assist the new bishop. It has been IN THE HOUSE OF REPRESENTATIVES Joliet's good fortune that Father Vonesh has amounts of under $10,000, are different. Sec­ remained there. tion 7563 of the Internal Revenue Code estab­ Tuesday, March 19, 1991 Father Vonesh became Bishop Vonesh on lishes a less formal procedure for the handling Mr. ANDREWS of Texas. Mr. Speaker, April 3, 1968, when he was ordained auxiliary of these cases. Normal court procedures are George Bernard Shaw once said: "Science is bishop of Joliet. Among his many responsibil­ discarded, and an effort is made to air the always wrong. It never solves a problem with­ ities, the bishop serves as vicar general for facts of the case in a direct, informal manner. out creating 10 more." With every major sci­ the diocese, episcopal vicar for the permanent The court tries cases under section 7563 only entific advance, there are problems for society diaconate and episcopal vicar for the Hispanic at the request of the taxpayer. to face. The human genome project is no dif­ ministry. In cases tried under this informal process, ferent. It puts many legal and ethical problems Mr. Speaker, Bishop Vonesh is to be com­ there is no need for knowledge of courtroom foremost in our minds, but I believe these mended for 50 years of devoted service to the procedures. Yet CPA's and enrolled agents, problems are opportunities, not obstacles. spiritual needs of his fellow man. I congratu­ who have a demonstrated knowledge of tax The human genome project will give us a late him on this important milestone and wish law, still may not represent clients in these complete understanding of the human genetic him many more happy and productive years in cases unless they have demonstrated, through makeup. The possible applications of this abil­ the priesthood. the written examination, extensive knowledge ity are endless. of those procedures. For example, we will be able to complete a It is the taxpayer who is hurt most by this genetic profile on every person at birth. Such FAIRNESS IN THE U.S. TAX COURT restriction. Most taxpayers who obtain outside information will have to be protected. New pri­ FOR THE AVERAGE TAXPAYER assistance for preparation of income tax re­ vacy laws will have to be enacted. Access to turns employ CPA's or enrolled agents. But if genetic profiles will have to be defined. HON. LEON E. PANETIA they become involved in a dispute with the At the same time, we have a great oppor­ OF CALIFORNIA IRS, they must hire an attorney to take their tunity. We could use a national database on case before the Tax Court or find one of the IN THE HOUSE OF REPRESENTATIVES genetic profiles to fight crime more success­ few nonattorneys who have qualified to prac­ fully. With the smallest sample of cells found Tuesday, March 19, 1991 tice. in connection with a crime, detectives could Mr. PANETTA. Mr. Speaker, I am today re­ In small cases, it is very costly for the tax­ get positive identification of the criminal. introducing legislation to permit certified public payer to hire an attorney who is unfamiliar Anoth.er application of genetic profiles will accountants and enrolled agents to practice with the case and must be paid to catch up on be to prediagnose and treat genetic diseases. before the U.S. Tax Court in small tax cases the details. But the fact is that most attorneys This application raises the concern that ge­ without taking the stringent examination now are not even interested in representing tax­ netic testing might be unfairly used to deny required of them. This measure was adopted payers in small tax cases. The result is that health benefits and jobs. We must enact laws by the House as part of H.R. 3838, the Tax many smaller taxpayers are unable to gain to prevent discrimination based on genetic Reform Act of 1986, and H.R. 4170, the Tax representation. And many who do obtain rep­ profiles. Reform Act of 1984. In both instances, how­ resentation hold up the work of the Tax Court But we also have an opportunity to create a ever, it was removed from the final bill by the because their attorney or other representative health care system in which no one is denied House-Senate conference committee. is not familiar with their case. Neither of these access to health care because of their medical This legislation is needed to provide fairness results is acceptable. condition. This problem exists with our current to taxpayers who have disputes with the Inter­ Enabling the taxpayer to employ the individ­ health care system and will get worse as ge­ nal Revenue Service in cases involving ual who helped prepare his return would not netic prpfiles become commonplace. $10,000 or less. Current law denies them an only make it easier for taxpayers to exercise We have a similar problem with genetic test­ opportunity for the least expensive, most ef­ their rights but also greatly expedite many ing prior to birth. Screening for genetic dis­ fective possible representation before the Tax small cases before the Tax Court. And this is eases occurs today and will become more so­ Court in these cases. increasingly important as the backup of cases phisticated as our knowledge increases. The In determining who may practice before the before the court remains severe. problem here is to prevent selection for the Tax Court, the court is prevented by current This legislation would promote both fairness wrong reasons. We cannot allow births to be law from denying admission to any individual and efficiency in small cases before the Tax avoided due to the sex of the child. March 19, 1991 EXTENSIONS OF REMARKS 6675 Genetic screening may cause the most dif­ one, we have watched the pillars of our econ­ Harold Young, age 16, who is employed in ficult of the challenges of the human genome omy fall: the steel industry, the auto industry, W.J. Patton's Eleventh street garage proved project. But the opportunity here is tremen­ the electronics industry, the energy industry. himself a genuine hero Sunday when at the dous. We are holding looking at the possibility Biotechnology and biomedical research are risk of losing his own life, he saved the lives of ridding the world of all genetic diseases. areas where the United States has a clear of four companions. It is important to remember that we face all lead. All the major biotechnology products on Those whom he rescued from drowning in of these issues even without the human ge­ the market today were developed in the Unit­ the Ohio River near the dykes are Melvin Huffman aged 15, Sixth street, Clifford Bear, nome project. Genetic testing and monitoring ed States. Here in Houston, the Texas Medi­ aged 14, High street, Russell Soles, aged 17, are now in use. A study by the Office of Tech­ cal Center is our largest employer. Mound street, and Elmer Dolmatch, aged 18, nology Assessment turned up several U.S. We do not have to look far for competition. Robinson Avenue. companies that perform regular genetic testing The Japanese, for example, have developed a Clifford Bear gave out while swimming in on their employees. The human genome number of economic development programs to deep water and Young quickly realized his project will simply expand the detection of ge­ try to overcome the United States. One of danger and swam out to him and then swam netic abnormalities and lower the cost of doing their advantages is a patent system that to shore with him. Melvin Huffman then so. makes it difficult, if not impossible, to get pat­ gave out from sheer excitement and after Due to this prospect, some Members of ent protection. The application process is going down once he was rescued by Young Congress have put the burden of addressing lengthy and crowded with obstacles. who remained cool under most extraordinary the legal and ethical issues on the human ge­ This year, Congress will consider legislation, circumstances. After these two boys were nome project. Many legal experts throughout which I support, to clarify patent protection for rescued Elmer Dolmatch lost his strength the country have begun to help with this task. biotechnology products. This protection can and he too was going down the second time But these same Members of Congress have then be used to keep foreign products out of when rescued by Young, whose strength did also used these problems to argue for a lower U.S. markets when they violate our patents. not fail him despite the fact that Dolmatch level of funding for the human genome. In addition, I expect that the Japanese pat­ kicked him in the stomach while he was Last year, the administration requested ent system will come under scrutiny through being taken to shore. Young then started after Russell Soles who became excited and $108 million for the human genome project. an international effort to harmonize patent pro­ could not swim any farther and when he got Congress appropriated $88 million after a de­ tection laws. into deep water near the shore a boat came bate over the same ethical issues discussed International competition has often spurred along and assisted Y_oung and Dolmatch to at this conference. the United States into action on major sci­ the shore. We cannot allow anxiety over the future to entific endeavors: Sputnik caused us to put a Persons who witnessed Young's remark­ break the promise of scientific progress. Con­ man on the Moon. World War II brought about able feat claim that he is entitled to a Carne­ gress should not peg the pace of the project the project in Los Alamos. gie Medal. to our progress in resolving the many legal No one knows exactly where the human ge­ Today, I am happy to report that Harold is and ethical issues. There is no test that we nome project will lead us. The possibilities are still active around his home, working in his exciting. I have no doubt that our country's can apply to determine how well we have an­ garden, and getting his daily exercise by walk­ swered these problems. leadership is ready and able to meet the chal­ ing to the local parts store and gas station. The pace of funding should be set by what lenges that the human genome project puts to is scientifically and fiscally feasible. I plan to us. Harold's hobbies have included painting, wood continue my support for administration's re­ carving, and solitaire. On most holidays, he quest for full funding. travels to Hamilton, OH, to work at his son's The promise of the human genome project HONORING HAROLD EARL YOUNG, nursery, Young's Greenhouse. While he is should be enough to move us forward as fast SR. there he enjoys talking to the customers and as possible. The possibilities are limited only advising them on plant care. by our imagination: It could unlock the mys­ HON. BOB McEWEN Harold married Gladys Marie Clark on Sei:r teries of the 4,000 genetic diseases that afflict OF OHIO tember 16, 1922. Gladys was born March 28, humans like sickle cell anemia, hemophilia, IN THE HOUSE OF REPRESENTATIVES 1902 on Blue Run Road in Lucasville. She and cystic fibrosis. It could create thousands Tuesday, March 19, 1991 died on March 3, 1974. of new pharmaceutical products for treating Mr. McEWEN. Mr. Speaker, it is with great Harold attended the Manly Methodist these diseases. It could start a new field of appreciation that I rise today to honor Harold Church in Portsmouth as a child. He later be­ gene therapy to cure blood diseases and other Earl Young, Sr., who on April 13, 1991, will be came a member of the United Brethren illnesses that have a genetic component. It 90 years old. Church in Lucasville, and was the super­ could teach us to adapt our diet, environment, Harold was born in Portsmouth, OH, where intendent for several years. and medication to make up for genetic weak­ he was taught the virtue of hard work, the Harold's family is very proud of their father, nesses. spirit of voluntarism, and the value of life. His grandfather, and great grandfather. His 1O What we learn from the human genome can mother, Elizabeth Young, died when Harold children include Bessie (Ketter), Bettie, Harold be transferred to plant and animal biology. A was just 9 years old. He then lived with his Earl, Jr., James Arthur, Elizabeth Loretta 1987 Conference on Research Bottlenecks for grandmother, Margaret Hanes Young, until her (Coles), David Richard, Margaret Ann Commercialization of Plant Technology in Aus­ death 7 years later. (Theiss), John Edward, Joseph, (deceased), tin, TX, discussed this issue. They found that Over the course of his life, Harold has given the lack of basic knowledge of identifying and Frank Ernest. He has 17 grandchildren, unselfishly of himself. He supported his family 16 living and 1 deceased, and 14 great grand­ cloned genes for desirable traits in plants has without relying on others or the government by hindered progress. children. working many jobs like hanging wall paper, Harold has served his community with dedi­ Some genes for herbicide, virus, and insect painting homes, working on furnaces, and so resistance have been identified through cur­ cation and integrity throughout his lifetime. His on. tireless spirit and giving heart know no rent research. The human genome project will At the age of 15, and already employed at bounds. My dear colleagues, I ask you to join give us a comprehensive method for genome a garage, Harold was recognized as a hero. me, and the many friends of Harold Earl research in agriculture. The Portsmouth Times reported: Young, Sr., in extending sincere congratula­ Put simply, the human genome project will Although almost exhausted from a long give us control of our own destiny. This is the and tiresome swim across the Ohio river, tions and gratitude to a person so very much course of science. Harold Young 15, Lawson street, without re­ appreciated throughout his community, for giv­ Sir William Osler, the father of the modern gard for his own safety, bravely (went) to the ing so much to so many. May he be an exam­ medical education, stated: "The Mure belongs rescue of Russell Soles, 16, son of Edward ple to the rest of us. to science. More and more science will control Little, Mound street, and saved this boy the destinies of nations." from drowning. The economy of the United States will in­ A year later, Harold was in the news again. creasingly depend on biotechnology. One by This time the story is documented as follows: 6676 EXTENSIONS OF REMARKS March 19, 1991 A CALL FOR TOUGHER LAWS FOR PRICE FIXING PREVENTION ACT ious forms, other than a maximum price, is il­ CRIMES AGAINST THE ELDERLY OF 1991 legal per se under the antitrust laws. The legislation that I am introducing today is HON. JACK BROOKS identical to a predecessor bill in the 101 st HON. JAMFS H. Bil.BRAY OF TEXAS Congress, which I sponsored and which this body passed. It is my hope that we may move OF NEVADA IN THE HOUSE OF REPRESENTATIVES Tuesday, March 19, 1991 quickly forward with this legislation so that the IN THE HOUSE OF REPRESENTATIVES bill will reach the President early this Con­ Mr. BROOKS. Mr. Speaker, today I am in­ gress. It is quite clear to me that without ac­ Tuesday, March 19, 1991 troducing the Price Fixing Prevention Act of tion by Congress, vertical price fixing will be­ Mr. BILBRAY. Mr. Speaker, I rise today in 1991 to end increasing confusion in the Fed­ come an increasingly familiar business prac­ support of my esteemed colleague from Ne­ eral courts over the proper substantive and tice in the marketplace. That would be a dis­ vada, the Honorable Senator HARRY REID, and evidentiary standards to be applied in antitrust astrous result for the American consumer as his outstanding work and devotion to the sen­ cases where a manufacturer conspires with a well as the general economy, which in times iors in our State. Senator REID has been in­ dealer to drive a rival dealer out of business of recession urgently needs the stimulus of because of that rival's competitive pricing poli­ vestigating crimes against the elderly and has consumer spending made possible by dis­ cies. been searching for ways to improve safety on count stores. The retail sector of the American economy the streets for our senior citizens. He is deter­ I urge you to join with me in supporting this is without parallel in the world. From full serv­ most important legislative effort. mined to strengthen the enforcement for those ice to highly innovative discount stores, the who commit crimes against our most suscep­ American consumer is presented with the tible citizens. Senator REID also has the sup­ widest selection of goods and services at the A TRIBUTE TO COL. DONALD W. port of a very important senior organization in lowest prices. Without the vigorous pull of KLOVSTAD Nevada called SCAN-Senior Cooperative competition, however, the number and diver­ Alert Network-and therefore, Mr. Speaker, I sity of retail sources would diminish rapidly, ul­ HON. VIC FAZIO ask that this article in the SCAN newsletter be timately driving up prices for nearly all included in the RECORD today. OF CALIFORNIA consumer goods. For this reason, the antitrust IN THE HOUSE OF REPRESENTATIVES The article follows: laws were designed to protect against all con­ Tuesday, March 19, 1991 SCAN CALLS FOR TOUGH NATIONAL LAWS FOR spiracies aimed at driving competitors out of CRIMES AGAINST THE ELDERLY the marketplace. Mr. FAZIO. Mr. Speaker, I rise today to pay On October 2, 1990, a SCAN member was vi­ But striking out against such conspiracies tribute to Col. Donald W. Klovstad who will de­ ciously attacked at 11:30 a.m. at a grocery has been severely hampered because of two part from McClellan AFB, CA, on March 30, store one mile from her home. The victim is developments: The first involves the continu­ 1991. He has served as the associated direc­ 73 years old and weighs 125 pounds. Her ing failure-even refusal-of the antitrust en­ tor of financial management, Sacramento Air attacker was between 18 and 19 years old and forcement agencies to bring vertical price fix­ Logistics Center. His new postion is chief of weighed 175 to 200 pounds. He stuck a gun in ing cases in the past 1O years. In fact, it was quality for the Air Force. the victim's side, pulled her out of the car only through congressional action that we Colonel Klovstad was born on November 1, and slammed her onto the pavement. have been able to bar efforts by the Depart­ 1946, in Fort Worth, TX, and graduated from She sustained a severely crushed left leg, ment of Justice to intervene in behalf of de­ Castleberry High School in 1964. He com­ requiring four hours of surgery, ten days in fendants charged with price fixing. We can no pleted studies at Oklahoma State University in a general hospital and twenty days in a reha­ longer harbor any illusion that public enforce­ January 1969, graduating with a bachelor of b1litation hospital. She is still undergoing out-patient therapy and cannot put any ment alone will be a factor in deterring or pun­ science degree in marketing. weight on her leg. ishing such conspiracies. After receiving his commission through the And, she is damn mad! The Police Chief ex­ Without public enforcement of the antitrust ROTC program, he assumed duties as a sup­ plained "how things are" and expressed his laws, we can only rely on private enforcement ply officer and had various assignments with regret for her injuries. Yet, no one has been by individuals injured in their business or prop­ the Pacific Air Force and Tactical Air Com­ arrested, though there were fingerprints all erty. And yet, even the private remedy has mand, including tours at Ching Chang Kang over her car. She must pay the hospital and been put at risk by two cases decided by the AFB, Taiwan, and Langley AFB, VA. In 1974, medical costs, and she will suffer the con­ Supreme Court. In Monsanto versus Spray­ he attended the Air Force Institute of Tech­ sequences of this attack for the rest of her Rite Corp. and in Business Electronics versus nology, Wright-Patterson AFB, OH, and grad­ life. Sharp Electronics, the Court made statements uated with a master of science degree in Lo­ IT'S TIME TO FIGHT BACK! that have now created uncertainty about the gistics. He then became the logistics advisor Senator Harry Reid of Nevada, a member proper substantive and evidentiary standards to the deputy chief of staff for civil engineer­ of the Senate Select Committee on Aging, to be applied in cases involving the termi­ ing, Alaskan Air Command, Elemendorf, AK, conducted hearings in Las Vegas and Reno, nation of a dealer as a result of a vertical price from 1975 to 1978. He spent another 2 years Nevada in August of 1990. The title of the fixing conspiracy. In the wake of these deci­ at Elmendorf as director of logistics for the widely publicized hearings was "Crimes sions, a number of lower courts have erected 531 st Air Control and Warning Group, support­ Against the Elderly: Let's Fight Back." procedural and substantive barriers which may ing 13 remote radar stations throughout the SCAN has learned that the Senator is com­ have prevented many meritorious cases from State. pleting research, working with the FBI and even reaching the jury. Colonel Klovstad entered the Education with other law enforcement agencies and will be As the ultimate antitrust policymaker, Con­ introducing a bill in the Senate in late Janu­ Industry Program in 1979, spending a year ary or early February. gress should now put an end to confusion and working with Montgomery Ward in Chicago, IL. clarify precisely what its policy views are in In 1980, he took an assignment at Air Force SENIORS MUST SEE THAT TOUGH LAWS ARE this area. The Price Fixing Prevention Act of headquarters as acting officer for supply policy PASSED 1991 thus has two major provisions: First, it where he was the program manager for the Those of us who fought for Repeal of the clarifies that if sufficient causation for a Sher­ development and funding of the European dis­ Medicare Catastrophic Act know that there man Act section 1 claim is shown by the plain­ tribution system and the acquisition of the C- are many Congressmen and Senators con­ tiff, then an inference of illegal concerted ac­ 23A aircraft. In 1983, he became the HQ cerned about Seniors, especially in the area tion is raised; and a jury will decide whether USAF congressional liaison. From 1986 to of crime against Seniors. You must work with your Congressmen to see that legisla­ the antitrust laws have been violated. Where 1987, he served as the commander, 8th Sup­ tion is introduced in the House of Represent­ these requirements are not met, a defendant's ply Squadron, Kunsan AB, Korea, supporting atives and you must contact your Senators ability to obtain a grant of summary disposition the F-16 aircraft. The 8th Supply Squadron and inform them of the work of Senator Reid under the Federal rules of civil procedure re­ was selected as Best in PACAF in 1987. and let them know that you want tough, na­ mains unaffected. Second, the bill states plain­ Colonel Klovstad's assignments at SM-ALC tional laws passed. ly that resale price maintenance in all its var- include serving as chief of logistics research March 19, 1991 EXTENSIONS OF REMARKS 6677 and systems division in the plans and pro­ tanker apparently ruptured an underwater through areas with a high population den­ grams directorate, system program manager pipeline, spilling over 500 barrels of oil into sity. These pipelines must be included in the for communications electronics, and resources Santa Monica Bay. This bill will, among other pipeline inventory. The bill assumes that management division chief in the material things, reduce the risk of offshore pipeline ac­ DOT will use a definition similar to the class location used in the gas regulations. management directorate. During his most re­ cidents. It will ensure that pipelines such as The section also requires the identification cent assignment, he was involved in the de­ the one in Santa Monica Bay will be subject of all hazardous liquid pipelines, including sign and implementation of SM-ALC's reorga­ to reporting and inspection requirements as all gathering lines, that are located in envi­ nization. Colonel Klovstad was responsible for well as safety standards. ronmentally sensitive areas. The Secretary the creation of a directorate which coordinates Previous accidents, involving both gas and of Transportation is required to issue regula­ policy, guidance, and procedures for the prod­ liquids, have resulted in loss of life as well as tions for identifying these areas. The intent uct directorates and other key organizations. environmental damage. The bill therefore of this section is to identify all liquid pipe­ lines which pass through an area where a This directorate is responsible for the center's strengthens and expands the coverage of re­ leak of oil could severely damage the envi­ plans and programs, budget, and resources, porting, inspection, and other safety require­ ronment. including land, facilities, and manpower. ments already in the law. This section recognizes that pipelines, Colonel Klovstad's achievements and devo­ The bill requires the Department of Trans­ other than oil pipelines, are regulated under tion to the Sacramento community extend be­ portation and the pipeline industry to do more the HLPSA and clearly allows DOT to issue yond his work at the base. He has been in­ to prevent pipeline accidents. It sets some am­ different regulations for pipelines that carry volved in a multitude of studies and action bitious safety goals and gives DOT a fair substances other than oil. groups which were designed to assess and amount of discretion in how to implement Section 4. Increased Inspection Require­ ments. mitigate the impact of any force reduction at those goals. It also gives the DOT additional This section requires the use of smart pigs McClellan. He had made it his personal goal resources to do the job well. Since the Pipe­ in all pipelines identified in section 3, unless to limit the negative effects to the Sacramento line Safety Program has been and will con­ smart pigs cannot physically operate in such area of a reduced base population and still en­ tinue to be funded through user fees, this will lines or other methods of inspection can pro­ sure that the Air Force mission is accom­ not affect the budget deficit. vide an equivalent level of safety. This sec­ plished. The bill reflects a significant number of les­ tion establishes the smart pig as the mini­ Colonel Klovstad is a graduate of Squadron sons learned from the current DOT program, mum level of inspection required for all pipe­ Officers' School and Air Command and Staff from accidents, including the recent one in lines that are located in a high density popu­ lation area of liquid lines that are in an envi­ College, both located at Maxwell AFB, AL, and Santa Monica Bay, from recommendations of ronmentally sensitive area. the Industrial College of the Armed Forces, the National Transportation Safey Board, from Section 5. Excess Flow Valves. Fort McNair, Washington, DC. His military regulated industry, and other Members of This section requires the Secretary of awards and decorations include: The Meritori­ Congress. The bill already represents a signifi­ Transportation to issue regulations requir­ ous Service Medal with Four Oak Leaf Clus­ cant effort to compromise among the various ing the installation of excess flow valves in ters; the Air Force Commendation Medal; the interested parties. I believe it is a reasonable new or rebuilt natural gas distribution sys­ National Defense Service Medal; the Vietnam bill which can form the basis of a consensus tems. This section will be eliminated if DOT Service Medal, and the Vietnam Campaign on this important program. completes its pending rulemaking related to the issue. Medal. Colonel Klovstad was "NORAD Officer The current Pipeline Safety Program author­ Section 6. Technical Pipeline Safety of the Year, and twice he was selected as the ization expires in October. ·I intend to work Standards Committees. Air Force Outstanding Supply Officer of the closely with other members of the Energy and This section requires the appointment of Year. He is married to the former Frances Sin­ Commerce Committee, and with the Commit­ individuals with a background in environ­ clair Cumming of Hampton, VA. They have tee on Transportation and Public Works, with mental protection to the Pipeline Safety one daughter, Martha, 13, and have lived in whom we share jurisdiction over this legisla­ Standards Committees. Sacramento, CA, for the past 4 years. tion, as well as our counterparts in the Senate, Section 7. Operator Training. Mr. Speaker, I know my colleagues will join to pass this bill well before then. This section mandates the DOT issue mini­ mum operator training requirement for all with me today in expressing our sincere ap­ A summary follows: pipeline operators. Again, recognizing that preciation and praise to Col. Donald W. SUMMARY OF THE PIPELINE SAFETY ACT OF DOT is in the process of developing a rule on Klovstad on the occasion of his new assign­ 1991 operator training, this section may require ment. I have known and worked with Don for Section 1. Short Title. modification or deletion. over 10 years. His devotion, skills, and ex­ The Short Title of the bill is the Pipeline Section 8. Low Internal Stress Hazardous traordinary contributions to the public sector Safety Act of 1991. Liquid Pipeline Facilities. and the mission of the U.S. Air Force are a Section 2. Environmental Protection. This section eliminates the blanket exemp­ shining example to all in our country's military This section expands DOT's authority to tion from regulation of all pipelines operat­ include environmental protection as a re­ ing at low stress (20% or less SMYS). The service. In addition, I would like to personally sponsibility under the two pipeline safety Secretary could continue to exempt some extend my best wishes to Colonel Klovstad acts. Historically, DOT has issued safety reg­ low stress lines on the basis of other condi­ and his wife, Frances in the years to come. ulations to prevent damage to property or tions. threats to human life. This section requires Section 9. User Fees. DOT to include protection of the environ­ This section modifies the consolidated Om­ INTRODUCTION OF THE PIPELINE ment as an objective when administering the nibus Budget Reconciliation Act of 1985 to SAFETY ACT OF 1991 two pipeline safety acts. allow DOT to charge a User Fee for pipeline This section does not expand DOT's respon­ facilities not in operation but st111 requiring sibility into those areas of environmental DOT resources. HON. PHIUP R. SHARP protection that are the responsibility of the Section 10. Pipeline Fac111ty Inspection OF Federal Energy Regulatory Commission Amendments. . IN THE HOUSE OF REPRESENTATIVES (FERC), the states or the Corps of Engineers. This section expands existing requirements Tuesday, March 19, 1991 Section 3. Environmentally Sensitive and to inspect for proper burial all pipelines and High-Density Population Areas. to report and mark any hazardous conditions Mr. SHARP. Mr. Speaker, I am pleased to This section requires the identification of that now apply only in the Gulf of Mexico to introduce the Pipeline Safety Act of 1991. This all natural gas pipelines subject to the include all off-shore pipelines and pipelines legislation reauthorizes and expands the two NGPSA which pass through areas with a in navigable waterways, such as rivers. It pipeline safety acts, the Natural Gas Pipeline high population density. These pipelines also makes it clear that underwater pipe­ Safety Act of 1968, and the Hazardous Liquid must be included in the pipeline inventory. lines that connect ships to onshore fac111ties Pipeline Safety Act of 1979. The pipeline safe­ The bill assumes that DOT will simply use are subject to the Pipeline Safety Act. ty program has significantly improved in recent the existing class location definitions of high Section 11. Gathering Lines. density population areas. The section recog­ This section requires the Secretary to de­ years, in part as a result of legislation we have nizes that rural gathering lines by their very fine by rule the term gathering line, and to passed, and this bill will continue that definition cannot be located in high popu­ define a class of gathering lines that warrant progress. lation density areas. increased safety regulation. Just 2 days ago we saw an example of why The section also requires the identification Section 12. Revised Reporting Require­ this legislation is needed. The anchor of an oil of all hazardous liquid pipelines which pass ments. 6678 EXTENSIONS OF REMARKS March 19, 1991 This section raises the level of damage by Perhaps it is. But only now can I savor the mask, sitting in my sealed room, seems a pipeline operator which must be reported full answer I gave: "The return journey worth an answer: Which country in the Mid­ from $5,000 to an amount determined by the takes about the same time." The content of dle East has turned out to be the United Secretary (of Transportation). this conversation was significant, and be­ States's best friend in the Gulf crisis? Who Section 13. Underground Storage Tanks. comes more so with each Scud attack. exactly, is threatening whom? Underground storage tanks which are part I am not sure that I can estimate what of a pipeline facility are currently exempt mixture of political and technological con­ [From the Wall Street Journal, Feb. 15, 1991] from certain provisions of the Solid Waste siderations lie behind America's refusal to APPEASEMENT OF IRAQ MADE ME A SPY Disposal Act. This section narrows the ex­ sell Israel a technology that is advanced­ In 1985, my son pleaded emption. but not that advanced. My overall impres­ guilty to providing Israel with information Section 14. Authorization of Appropria­ sion is of a rambling bureaucracy in which about the military capabilities of Arab tions. the decision-making process has-either de­ states, including Iraq. Today he sits in a Appropriations are authorized for three liberately or mistakenly-become divorced basement cell, in isolation 23 hours a day, years. from the real world. serving a life sentence. Section 15. Table of Contents for the After all, the international community Jonathan was never accused of or indicted NGPSA. was prepared to create a $50 billion Iraqi war for treason, because he did not commit trea­ This is a purely technical amendment. machine. But a lower-range Cray for Israel? son. He was indicted on one coun~giving in­ Heaven forbid! That might be a threat to formation to an ally, Israel. Abdel Kader world peace. Helmy, an Egyptian-American rocket sci­ COMPUTERS, AND A SEALED The subliminal message I received in entist, participated in a scheme to illegally Washington was that someone in Israel­ ROOM IN ISRAEL ship ballistic missile technology to Egyp~ sometime-could tap into a Cray and design technology later used to help increase the a doomsday weapon, or, at the very least, a range of Iraq's Scud-B missiles. Mr. Helmy HON. NORMAN F. LENT more accurate guided missile. And all this got less than a four-year sentence. Jonathan, OF NEW YORK with a computer only three or four times who warned Israel about Iraq's capabilities, IN THE HOUSE OF REPRESENTATIVES more powerful than the one we have on our got life. campus. Tuesday, March 19, 1991 America is now fighting a war with Iraq, Until recently, only the United States and while the one person who tried to warn Israel Mr. LENT. Mr. Speaker, at the request of a Japan built supercomputers, and they have about Iraqi threats sits in jail. In a 1989 let­ constituent, Mr. J. James Plesser of Hicksville, had a very cosy agreement: If the United ter excerpted below, Jonathan wrote to an NY, I am submitting the following two articles States doesn't sell to a given country, nei­ American rabbi from his cell that America ther does Japan. if for insertion in the CONGRESSIONAL RECORD: would have to go to war against Iraq we But this duopoly is coming apart. A new failed to prevent the completion of chemical [From the New York Times, Feb. 17, 1991] kind of computer is taking over. While a facilities that we knew were under construc­ COMPUTERS, AND A SEALED RoOM IN ISRAEL Cray has just a few very complicated and tion. How right he was. (By Brian Silver) very powerful central processing units, the MORRIS POLLARD newer computers, called parallel-processing Tonight I am sitting in a sealed room in computers, have as many as a thousand very Dear Rabbi, Haifa, Israel, thinking about the Department simple processors. The Cray is difficult to My name is Jonathan Pollard and I am of Commerce in Washington. I hope the plas­ construct, the parallel-processing computer currently serving a life sentence due to my tic sheets that cover the windows and the is far easier. The idea behind parallel ma­ activities on behalf of Israel. masking tape that seals the door of my room chines is that seven 70-pound weaklings can Lest you labor under a false impression, will hold back the as-yet-to-materialize lift more than one Arnold Schwarzenegger. Rabbi, I want to state quite categorically clouds of never gas and toxins that Iraq's Parallel-processing technology is already that I do not consider myself to be above the President Saddam Hussein has promised to being used by companies around the world. law. I fully appreciate the fact that I must send us. The main difficulties involved in building be punished for my activities, however justi­ This evening I heard the roar of Patriot these computers fall within the areas of com­ fied I may have felt them to be. That being missiles followed by a wall-shaking blast as puter science where Technion has real exper­ said, I do not believe that the draconian sen­ a Scud disintegrated over a nearby wadi. The tise. Some of the world's best minds working tence meted out to me was in any way com­ Scuds are not too accurate-plus or minus a on these problems work at Technion. The na­ mensurate with the crime which I commit­ couple of miles is considered fine. Not that tion that got a rescue force to Entebbe and ted. Nowhere in my indictment ... was I the Iraqis lack high technology. They might back can build parallel computers as good as ever described as a "traitor," which is hardly even have access to a Cray supercomputer, any-if it has to. a surprise given the fact that the operation something my university does not have-and Israel doesn't need a supercomputer at with which I was associated actually served why I am now mulling the Commerce De­ Technion to defend itself. Nor would owning to strengthen America's long-term security partment. a supercomputer turn Israel into a super­ interests in the Middle East. Despite our attempts to purchase one, no power. We want a supercomputer for unclas­ Notwithstanding [then Defense Secretary Israeli university has a Cray supercomputer, sified research. The atomic bomb that lev­ Casper] Weinberger's disingenuous opinion, a common resource in American and Euro­ eled Hiroshima was built in precomputer any objective examination of the record will pean universities. times. If we have a nuclear bomb, we built it show that no American agent, facility or Two years ago, the Technion Institute or­ without a supercomputer. If we haven't got program was compromised as a result of my dered from Cray Research Inc. a lower-range one, we don't need a supercomputer to make actions-not one. But this salient fact was supercomputer, an extremely fast computer one. conveniently overlooked by Mr. Weinberger, for use in unclassified academi'c research. It has been suggested by a certain author­ who felt that I deserved the death penalty The United States has so far refused to give ity in the United States-a Senator-that we for having had the audacity to make Israel Cray an export license. could make more accurate missiles if we had "too strong." In September 1989, in search of enlighten­ a Cray. Indeed, would they be more accurate In retrospect, perhaps one of the worst ment, I traveled to Washington to find out than the ones we used 10 years ago to destroy things the Reagan Administration did to Is­ what was holding up the process. I walked an Iraqi nuclear reactor? Or is it ground-to­ rael during the course of our trial was that the corridors of power-the State Depart­ ground missiles that worry the Senator? He it purposely distorted the nature of my ac­ ment, the Department of Defense, the De­ should come to Tel Aviv. Then I can tell him tivities in such a way so as to leave the im­ partment of Commerce and finally the Pen­ that if a hundred Scuds land there, their in­ pression that Israel had somehow become a tagon. Everyone, I must say, was very nice. accuracy won't matter one bit. threat to the national security of this coun­ "Can the Technion buy a Cray?" I would The time is long overdue for the United try. So by intent the subsequent sentence I ask. No one said, "Yes." No one said, "No." States to review its policy regarding the ex­ received was an arrow aimed directly at the One exchange at the Department of Com­ port of technology, especially to friendly, heart of the U.S.-Israel "special relation­ merce stands out in my mind: I said to a sen­ technologically advanced countries like Is­ ship." ior official that I could explain why it would rael. The restrictive policies are clearly the The case of Mr. and Mrs. Abdel Kader not be a danger to the United States if product of faulty thinking which in the case Helmy appears to be yet another instance Technion owned a Cray. "Can you give me 10 of the Cray may well push Israel-and some where the political aspects of an espionage minutes?" I asked. other countries-into building their own trial have been of paramount concern to the "That's the time it takes for a Jericho supercomputers. The policy is not only bad government. As you'll recall, the Helmys are missile to get from Israel to Baghdad," the for Israel, it is bad for the United States. the Egyptian-born U.S. citizens who were ac­ senior official said, referring to a surface-to­ Finally, a question which to some may cused last year of funneling highly sensitive surface missile designed and built in Israel. seem irrelevant, but to me, wearing my gas ballistic missile technology to their native March 19, 1991 EXTENSIONS OF REMARKS 6679 land. At the time of his arrest on June 24, communications which indicated that lethal TRIBUTE TO KATIE ELIZABETH 1988, [Mr.] Helmy was a senior propulsion en­ gas had, in fact, been employed against un­ BREHM gineer who held a "secret" level security armed Kurdish civilians. The Iranians had clearance from the U.S. Department of De­ astutely outmaneuvered them, thougb, and fense. According to a 36-page affidavit filed the issue had to be "contained" before it HON. DAVE CAMP by the Customs Service . . . U.S. customs caused a rift in U.S.-Arab relations. Cer­ OF MICHIGAN agents searching . . . notes outlining how tainly, confirming the undeniable oper­ IN THE HOUSE OF REPRESENTATIVES to work with carbon-carbon fiber material, ational employment of chemical munitions Tuesday, March 19, 1991 used in rocket nose cones and "stealth" by the Iraqis was far perferable to describing aircraft ...; instructions on building rocket the exact dimension of their poison gas Mr. CAMP. Mr. Speaker, it is with great exhaust nozzles; a description of an ex­ plants, which would have raised some un­ pleasure that I rise today to recognize one of tremely sensitive microwave telemetry an­ our Nation's truly outstanding young people, tenna; and a complete package needed to comfortable questions on Capitol Hill ... Thus, in an attempt to recapture the moral Miss Katie Elizabeth Brehm, of Mt. Pleasant, build or upgrade a tactical missile system. Ml. Miss Brehm has written an award winning Although there is no public evidence link­ "high ground," so to speak, from Iran, the ing [Mr.] Helmy directly with the Iraqis, in­ White House evidently decided that it would essay entitled "What Freedom Means to Me." telligence sources have indicated that the be better for the U.S. to be seen as leading In her essay, Miss Brehm recognizes the Egyptians used [Mr.] Helmy's expertise to the public denunciation of Iraq rather than value of freedom and what it means, not only help Baghdad modify its stockpile of Soviet­ the Ayatollah Khomeini. As it was, though, to herself and her family, but to all citizens of supplied Scud-B ballistic rockets. His prin­ the administration still managed to salvage the United States of America. cipal responsibility, however, was to ensure its standing in the Arab world by preventing As a fourth-grade student at Sacred Heart the success of an Egyptian-Iraqi missile pro­ Congress from imposing any punitive sanc­ Academy in Mt. Pleasant, Ml, Miss Brehm has gram which had encountered some devel­ tions against Iraq. In essence, then, what I demonstrated that our young people truly care opmental problems. Code named BADR 2000 did by passing satellite photos of the Iraqi by the Egyptians and SAAD-16 by the Iraqis, poison gas plants to Israel was endanger the about freedom and liberty. She says "freedom this Argentine-designed weapon has an esti­ Reagan administration's pro-Saudi political doesn't mean that I can change the television mated range of 500-1,000 miles, and, from agenda, not the intelligence community's channel when my parents are watching some­ what I've been told, figures prominently in "sources and methods." thing, but I can still vote when I get older." Arab strategic planning against Israel. According to the prosecution, there were Those words could not be more true. At 10 If one compares the way in which the gov­ two reasons why the government refused to years of age, Miss Brehm unquestionably rec­ ernment responded to my affair with that of tell Israel about Iraq's poison gas plants: 1) ognizes one of the most valuable rights of all its soft-pedalling of the Helmy case, the ex­ fear of compromising the KH-11 [Intel­ istence of a double standard becomes appar­ Americans, the right to vote. ent. Firstly, at the insistence of the State ligence] system, and 2) concern over the Is­ Not only has Miss Brehm established her­ and Defense Departments, all espionage-re­ raeli's probable reaction once they recog­ self as an exceptional writer, but she has also lated charges against Mr. and Mrs. Helmy nized the threat these facilities posed to demonstrated her talent in the performing arts. have been quietly dropped .... [T]he admin­ their survival. Since the age of 5, she has been involved in istration has done everything it can to re­ What the Israelis would actually have con­ dancing, acting, writing stories, music, and duce the notoriety of the Helmy affair. sidered was a preventive attack on the Iraqi drawing. Her creativity goes beyond the class­ chemical-arms factories before they had be­ The problem ... lay in the fact that many room, and beyond writing. Miss Brehm has of the photos I turned over to the Israelis come fully operational. Once they had come were of a number of Iraqi chemical weapons on-line, you see, and the Iraqis had been able proven to be an accomplished dancer by per­ manufacturing plants which the Reagan ad­ to disperse their arsenal of chemical muni­ forming in the acclaimed "Nutcracker" with the ministration did not want to admit existed. tions, these plants, like the ones in Syria, Cincinnati/New Orleans Ballet Company at the Why? Well, if no one knew about these facili­ would only have been attacked either in war Midland Center of the Arts in 1989. With her ties then the State and Defense Departments time, where the idea of a preemptive strike creativity in dancing and writing, Miss Brehm would have been spared the embarrassing is valid, or in a clandestine sabotage cam­ definitely illustrates the importance of freedom task of confronting Iraq over its violation of paign aimed at slowing their production of of expression. the Geneva Protocol of 1925, which banned poisons. This was the same reasoning, by the Mr. Speaker, I know that you will join me in the use of chemical weapons in war. You way, that lay behind the Reagan administra­ have to remember ... that at the time of commending this truly outstanding young tion's desire to bomb the Rabta industrial American for demonstrating the value of free­ my sentencing the massacre of Kurdish civil­ complex before the Libyans had had the op­ ians in Halabja had not yet occurred, and dom. She is a model for American youth and what little public concern was being voiced portunity to complete its construction. her recognition of liberty is a model for all over Iraq's apparent use of poison gas was The crisis over the Rabta plant does beg Americans. We all wish Miss Brehm well, the question, though: If the Reagan adminis­ largely ignored by the administration, which along with her parents John and Jody, and her did not want to anger the Arab world by tration felt justified in its desire to elimi­ nate what it perceived to be an impending sister Molly. Let us all hope for her continued criticizing the employment of such barbaric success in all future endeavors. weapons against Iran. The photos I gave Is­ Libyan chemical threat to our national secu­ rael, though, if "compromised," would have rity, why was it so unwilling to grant Israel jeopardized the administration's policy of the same right of preventive self-defense callous indifference towards this issue, in with regard to Iraq's poison gas manufactur­ SUPPORT GROUP IN NORTHWEST that they constituted hard, irrefutable proof ing facilities? MIAMI that Iraq was indeed engaged in the produc­ So what was I supposed to do? Let Israel tion and wide-scale use of chemical weapons. fend for herself? If you think that is what I HON. ILEANA ROS.LEH11NEN What the administration was really con­ should have done, then how can we condemn OF FLORIDA cerned about was being placed in a position all those ... who during the Second World IN THE HOUSE OF REPRESENTATIVES where it would have to admit that it had tac­ War consciously participated in the abandon­ itly condoned the creation of an Ira.qi chemi­ ment of European Jewry? Seriously, Rabbi, Tuesday, March 19, 1991 cal weapons manufacturing capability. what would be the difference between what Ms. ROS-LEHTINEN. Mr. Speaker, a group Once the atrocity at Halabja had occurred, they did and a decision on my part to have though, the White House was placed in a formed in Miami to give moral support to fami­ kept silent about the Iraqi poison gas threat lies in north Dade County with loved ones rather awkward position. On the one hand, to Israel? I'd rather be rotting in prison than the U.S. intelligence community did not serving in the Persian Gulf. Operation United want to be accused of having failed to keep sitting shiva for the hundreds of thousands Front was founded January 22, 1991, by Femi of Israelis who could have died because of my an eye on Iraq's burgeoning chemical weap­ Folami Browne to provide centralized and con­ ons arsenal. Then a.gain, the CIA . . . could cowardice. JONATHAN POLLARD. venient access to information and referral and not very well confirm the existence of the support services. Iraqi poison gas plants without running the risk of compromising the Reagan adminis­ Services are provided by professional social tration's policy towards these facilities. service providers at no cost to the public dur­ After a few days of "soul searching," the ing the crisis in the Persian Gulf and until all State Department finally admitted that the family members' loved ones are repatriated to U.S. had intercepted some Ira.qi military the United States and counseled in order to 6680 EXTENSIONS OF REMARKS March 19, 1991 mitigate their war-related readjustment prob­ A TRIBUTE TO THE 30TH For his many contributions to the California lems. ANNIVERSARY OF USC-AIKEN agricultural industry, Harry Kubo has been This warm and supportive group has helped chosen as Ag One's Outstanding Member of family members cope with their anxiety, wor­ HON. Bun.ER DERRICK the Agribusiness Industry. In addition to this ries, anguish, and fears. The members get to­ OF SOUTH CAROLINA honor, Ag One has established a scholarship gether 4 days a week for crisis counseling and IN THE HOUSE OF REPRESENTATIVES fund in his name to benefit students in the fellowship. The family members support one School of Agricultural Sciences and Tech­ Tuesday, March 19, 1991 another and bring photos of their family mem­ nology at California State University at Fresno. bers in their military uniforms. Mr. DERRICK. Mr. Speaker, I am pleased to Mr. Speaker, the achievements of Mr. Harry Members of the first management team, recognize the University of South Carolina at Kubo are truly worthy of praise and recogni­ now the board of directors, include Femi Aiken on its 30th anniversary. The University tion. On behalf of all of my colleagues, I pay Folami Browne, Dewey Knight Ill, Julie Cole­ of South Carolina established the 2-year off­ tribute to the tireless efforts of Mr. Harry Kubo. man, Sherwood Dubose, Bill Pratt, Willie campus center in Aiken County in September 1'961. The center was housed in Banksia, a Barnett, and Lucius Reeves. Each of these STATEMENT UPON INTRODUCTION persons should be highly commended for their renovated mansion, in the city of Aiken. Some 139 students enrolled that year. The first asso­ OF MIAMI NATION OF INDIANA community service. Indeed, on May 5 the or­ RESTORATION ACT ganization was honored with the 1990 Distin­ ciate degrees were awarded in June 1968. guished Community Service Award of the The campus of USCA moved from Banksia to HON. JIM JONfZ medical social work department of Jackson the present 144-acre site in 1977. The first OF INDIANA Memorial Hospital. baccalaureate degrees were granted in May IN THE HOUSE OF REPRESENTATIVES Following are the members of Operation 1977. In December 1977, USCA become fully United Front and their sons, daughters, sis­ accredited as a senior college. Tuesday, March 19, 1991 ters, and brothers, who valiantly defended the Today, the college is home to the Gregg­ Mr. JONTZ. Mr. Speaker, I rise today to in­ military objectives of America in the Persian Graniteville Library, Etherredge Fine Arts Cen­ troduce legislation which would restore Fed­ Gulf and stand ready to defend them in the fu­ ter, and the historic Pickens-Salley house. eral recognition to the Miami Nation of Indiana ture: USCA is comprised of approximately 3,000 and ask that the full text of the bill be placed Femi Browne, sister of Cecil Johnson; students, 180 faculty. and . 80 staff members. after my remarks in the RECORD. Bonita Peele, mother of Maurice Tillman; Pa­ Attracting a racially and culturally-diverse stu­ In 1897, the Federal Government's recogni­ tricia L. Hopkins, mother of Ranzer F. Turner dent body of varying ages and experiences, tion of the Eastern Band of Miamis, now II: Fannie Dean, mother of Andre Dean; Annie the University of South Carolina at Aiken has known as the Miami Nation of Indiana, was H. Christie, mother of Kendrick T. Henry; a direct positive impact on the quality of life administratively and erroneously terminated by Gwendolyn Estine, mother of Michael C. within my Third Congressional District. I send the U.S. Department of the Interior. The De­ my best wishes for many continued years of Smart; Marie McKinney, mother of Jerome L. partment's action in 1897 was not authorized success. McKinney. by an act of Congress. Also, George Moore, brother of Thora Dow­ Until 1897, the Miamis had been recognized by the Federal Government. The Senate had ney; Rena M. Ingraham, mother of Oswald B. TRIBUTE TO HARRY KUBO Ingraham, Irvin W. Ingraham, and Adrian C. ratified a treaty with the Indiana Miamis in Ingraham; Everlyn R. Long, wife of Michael D. 1854. Long; Leroy Conyers, father of Patricia C. But­ HON. ROBERT T. MATSUI The tribe has retained a political and social ler; Carrie and James Burkes, parents of Janis OF CALIFORNIA organization since 1897 and has considered R. Burkes; Gladys S. McDonald, mother of IN THE HOUSE OF REPRESENTATIVES various means to have their Federal recogni­ tion restored. The Miamis have established an Tony L. McDonald and Mark E. McDonald. Tuesday, March 19, 1991 Also, Rose M. Reed, mother of Wallace J. administrative office in Peru, IN, and meet on Mr. MATSUI. Mr. Speaker, it gives me great a regular basis in Wabash. There are curtently Ponder; Linda and Ronald Christian, parents pleasure to rise and pay tribute to an out­ 2,500 enrolled members of the tribe in Indiana of Aaron E. Christian; Beverly Burns, mother standing citizen, Mr. Harry Kubo, who on April alone, and 4,800 nationwide. of Ralph P. Burns and aunt of Jerome Simons 2 will be honored by Ag One for his contribu­ . In recent years the Miamis have been in­ and La-Shawn Simons; Cherly Moore, sister of tions and dedication to the agricultural indus­ volved with the Bureau of Indian Affairs' ad­ Johnny Motton; Queen Esther Waldon, mother try. I ask that my colleagues join with me as ministrative recognition process. It has been a of Albert Y. Mitchell; Yvette Mikell, mother of I extend my most sincere congratulations. frustrating experience. The tribe's petition for Anthony K. Mikell and Alfred L. Mikell; Gloria Mr. Kubo has been the only president of the Federal recognition has been considered by P. Williams, mother of Leon Williams. Nisei Farmers League since its founding in-ttie many native American advocates as more Also, Gloria Jean Williams, mother of early 1970's. Under his leadership, the Nisei than enough evidence to warrant restoration. Eldridge P. King; Anita McGruder, mother of Farmers League has grown to include over However, the serious flaws of the administra­ David J. McGruder; Daisy Mack, mother of 1,000 members who live and work throughout tive recognition process and the foot-dragging Lendzy- C. Mack, Jr.; Dan and Pat Wilcox, the northern part of the San Joaquin Valley. of the BIA have resulted in a preliminary de­ friends of Jack Daniel; Angela J. Hurst, mother Mr. Kubo has been a driving force behind this nial issued last fall, with a final decision ex­ of Reaudry Hurst, Jr.; Utha L. Miller, mother of organization's efforts to improve the quality of pected to be handed down this year. Horace L. Miller. labor management relations, working condi­ Understandably, the Miamis are seeking Also, Carmel Williams, wife of Andre L. Wil­ tions, wages, and fringe benefits, and the other more equitable means of restoring their liams; Janet Picard, mother of Alix J. Picard; overall health of the California agricultural in­ Federal recognition. The senior Senator from Lebbie H. Dillard Lee, mother of Ricardo Dil­ dustry. Indiana [Mr. LUGAR] earlier this month intro­ lard; Betty Dennis, mother of Kervin L. McCall; In addition to his many years of service to duced legislation in the other body which Diane Florea!, aunt of Daniel Nixon and Cecil the Nisei Farmers League, Harry Kubo has would restore Federal recognition to the Mi­ Nixon, Jr.; Renee Harris, sister of Nealon been a leader in many other important agricul­ amis. My colleague from Indiana [Mr. SHARP] Sears; and Ernestine Graham, mother of Fred tural organizations. He has served as presi­ and myself, as members of Committee on In­ Graham, Jr. dent of the Agricultural Action Committee and terior and Insular Affairs, have prepared com­ Our hearts and prayers are with these brave as the commissioner representing the United panion legislation which we are introducing men and women and their families. States in the Commission of the Californias. today. Our colleagues Mr. HAMILTON, I would like to offer my warmest congratula­ Currently he is president of the Farm Labor Al­ Mr. JACOBS, Ms. LONG and Mr. ROEMER are tions to Femi Folami Browne and to the entire liance, Inc., president of the California Fresh joining us as original cosponsors. board of directors for doing an extaordinary Fruit Growers, chief operating officer of the Mr. Speaker, the Miamis have been waiting job of helping families cope with the anxieties Agricultural Exports of California, and a board for almost 100 years to have their Federal rec­ of having their loved ones away, proudly serv­ member on the Fresno City and County ognition restored. It is time that the Congress ing our Nation's Armed Forces. Chamber of Commerce. and the Federal Government respond. March 19, 1991 - EXTENSIONS OF REMARKS 6681 TRIBUTE TO HENRY HAJDAS specialized area. That can take a 5- to 7-year As a self-employed businessman, Mr. residency. The present law, therefore, can Latsha operates Ernest E. Latsha, Inc., where HON. DAVID E. BONIOR have the effect of discouraging physicians he provides heating oil to unfortunate resi­ OF MICHIGAN from undergoing specialized training. More­ dents during the winter months. Such selfless IN THE HOUSE OF REPRESENTATIVES over, no other professional group is required giving is found in very few people, and I com­ under Federal student loan policies to begin mend Mr. Latsha for having achieved such a Tuesday, March 19, 1991 paying back their loans before completing their fine characteristic. Mr. BONIOR. Mr. Speaker, I rise today to education. This discriminates against the med­ Mr. Speaker, it is quite obvious that Ernest pay tribute to an outstanding individual, Mr. ical profession. Latsha is well-deserving of this year's Henry Hajdas. Mr. Hajdas is being recognized The cost of medical education requires most Exchangite of the Year award. On countless as the 1991 Lutheran Layman of the Year by medical students to borrow heavily to finance occasions, he has given his time and effort in the Lutheran Luncheon Club of Metro Detroit. their education. Among 1989 graduates, 81 aiding the unfortunate of the community. The Mr. Hajdas was chosen for this recognition percent were indebted with an average debt of Exchange Club should be proud to have Er­ from a group of many deserving candidates. It over $42,000. Twenty-nine percent of 1989 nest as a member, and the people of Harris­ is a tribute to his commitment to his church graduates had debts in excess of $50,000. Mi­ burg should feel privileged to have him as a and community that he was selected to re­ norities' indebtedness levels are even higher. citizen. Ernest not only is a fine, upstanding ceive this honor. Because of this, potential medical students are citizen, but he has proven himself to be a loyal The horizons of Mr. Hajdas' service to his rethinking their careers. In addition, this in­ friend of the community as well. I congratulate church and community have always extended debtedness can make it financially impossible and commend Ernest again for being named above and beyond the call of duty. Mr. Hajdas for many young physicians to set up practice this year's recipient of this fine and very im­ has served as Mel Ott Little League coach in rural or urban underserved areas. portant award. and as chairman of the Mel Ott League for the A longer deferment period for repayment of past 15 years. He is treasurer of the board of these medical student loans will ease the in­ directors of the Lutheran High School Associa­ debtedness problem and help ensure access PAYMENT OF MEDICARE CLAIMS tion. to medical education. It will also eliminate one Mr. Hajdas plays a special role in the lives factor contributing to the problem of specialty HON. BENJAMIN L CARDIN of the children in our community. As a coach and geographic maldistribution and better en­ OF MARYLAND and as a parent, he draws the best out of able young physicians to provide much need­ IN THE HOUSE OF REPRESENTATIVES kids. He teaches them respect, self-con­ ed health care services to the Nation's poor Tuesday, March 19, 1991 fidence, independence and teamwork. But and underserved populations. above all, he teaches them to be their best. Mr. Speaker, I ask all my colleagues to join Mr. CARDIN. Mr. Speaker, today I am intro­ This gift to children is what makes Mr. Hajdas in supporting this important legislation. ducing legislation, along with Mr. STARK and such an important part of our community. Mr. DONNELLY, to guarantee senior and dis­ I am honored to recognize Mr. Hajdas on abled citizens timely payment of Medicare the floor of the House and thank him for the ERNEST E. LATSHA, HARRISBURG, claims. many hours he has given to our children, the PA, EXCHANGITE OF THE YEAR One provision of the 1989 physician pay­ contributions he has made to our community, ment reform legislation requires doctors to file and his gifts to all of us. HON. GEORGE W. GEKAS all claim forms on behalf of their Medicare pa­ OF PENNSYLVANIA tients. In cases where the physician charges IN THE HOUSE OF REPRESENTATIVES more than the Medicare-approved fee the doc­ RESIDENT PHYSICIAN STUDENT tor may bill the patient immediately and then LOAN DEFERMENT ACT Tuesday, March 19, 1991 file a claim for Medicare reimbursement on be­ Mr. GEKAS. Mr. Speaker, I rise today to ask half of the patient. HON. AUSTIN J. MURPHY my colleagues to join me in honoring Ernest Under the terms of the new law, however, OF PENNSYLVANIA E. Latsha, a fine citizen from Harrisburg, PA, the physician is allowed up to 1 year to file the IN THE HOUSE OF REPRESENTATIVES in my congressional district. Mr. Latsha is a claim. Medicare beneficiaries could have to member of the Exchange Club, an organiza­ wait a year for their doctor to file a claim on Tuesday, March 19, 1991 tion consisting of several business persons their behalf, and then wait even longer as Mr. MURPHY. Mr. Speaker, today I am in­ whose main goal is to raise money for the pre­ Medicare processed the claim before receiving troducing the Resident Physician Student vention of child abuse. Mr. Latsha was chosen the reimbursement to which they are entitled Loan Deferment Act. This legislation would by the club to be the 1991 Exchangite of the under law. Obviously not having access to allow physicians continuing their education in Year. one's own money for over a year would be a accredited residency training programs to An avid member of the Exchange Club for serious hardship for many seniors. defer payment of their title IV student loans 30 years, Mr. Latsha has served many terms My legislation would require physicians to until completion of their residency program. on the board of directors. During this time, he submit all claims on behalf of Medicare bene­ Prior to enactment of the Omnibus Budget has participated in, and has been the chief or­ ficiaries within 30 days of delivering the serv­ and Reconciliation Act [OBRA] of 1989, grad­ ganizer of several fundraisers. As social chair­ ice. · This change would ensure faster pay­ uate medical students were able to have man for the club, he has instituted the annual ments to beneficiaries while still allowing doc­ themselves classified as students, thereby Christmas party, the Night at the Races, the tors sufficient time to collect information and qualifying them for deferment while they com­ Celebrity Cookoff, and Magic and Comedy file claims. pleted their residency. OBRA 1989 scaled Night, just to name a few. I invite my colleagues to cosponsor this leg­ back to 2 years after graduation from medical Currently, Mr. Latsha is a member of the islation. school, the deferment period for payment of board of directors of the Exchange Club Cen­ these student loans. ter for the Prevention of Child Abuse of South Current law now has the effect of accelerat­ Central Pennsylvania [ESCAPE]. the main HONORING JIM COMSTOCK ing the repayment of these loans at precisely beneficiary of the Exchange Club. the time that these graduate students are least Not only has Mr. Latsha dedicated much of HON. NICK JOE RAHAil D able to meet such financial obligations due to his time and energy to the club, but to the OF WEST VIRGINIA postgraduate training. The average residency Harrisburg community in general. He has IN THE HOUSE OF REPRESENTATIVES stipend is $2,300 a month while loan pay­ served as potentate of the Zembo Temple in ments can average up to $700 a month. A 1- Harrisburg, and has been an active organizer Tuesday, March 19, 1991 or 2-year residency, the length of time student in many of their fundraisers. He is currently a Mr. RAHALL. Mr. Speaker, on March 2, deferment is allowed under current law, per­ member of the board of directors of the Crii:r 1991, Jim Comstock, a living legend in West mits physicians time to be licensed. It does pied Children's Hospital in Philadelphia, a po­ Virginia, celebrated his 80th birthday. Jim, who not allow sufficient time for certification in any sition he has held for several years. is the driving force behind the West Virginia

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