July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1535 EXTENSIONS OF REMARKS

RAMPANT ANTI-SEMITISM IN IN- of a sovereign, independent country, I have in- ON THE PASSING OF GEORGE L.P. DONESIA—ISRAELI ARCHERY troduced a resolution which puts the Congress WEAVER TEAM NOT PERMITTED TO COM- on record as opposing the effort to deny rec- PETE UNDER ISRAEL’S FLAG ognition to the State of Israel and its citizens HON. WILLIAM (BILL) CLAY and reaffirming the Congress' strong opposi- OF MISSOURI HON. TOM LANTOS tion to racism and anti-Semitism. This resolu- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA tion calls upon the Indonesian Government to Thursday, July 27, 1995 IN THE HOUSE OF REPRESENTATIVES act to end this outrageous anti-Israeli action. I invite my colleagues to join me as cosponsors Mr. CLAY. Mr. Speaker, I would like to call Thursday, July 27, 1995 of this resolution. to my colleagues' attention the following obitu- ary for George L.P. Weaver which appeared in Mr. LANTOS. Mr. Speaker, I was outraged, The text of my resolution is as follows: appalled, and dismayedÐbut unfortunately not the July 18, 1995 issue of the Washington surprisedÐby the latest case of blatant anti- HOUSE CONCURRENT RESOLUTION Post. With the passing of George Weaver, the country has lost a great AmericanÐone who Semitism in Indonesia. Mr. LANTOS submitted the following reso- The facts of the case are appalling. The lution; which was referred to the Committee dedicated himself to ensuring equal oppor- tunity and justice for all Americans. The prin- world archery championships are to be held in on International Relations. ciples for which George Weaver dedicated his Jakarta, Indonesia, on August 1±6 of this year. A resolution condemning the refusal of the lifeÐan abiding respect for the dignity of work- The Indonesian officials organizing the event Indonesian officials organizing the World ers and the worth of labor and an unshakable refused to permit the team representing Israel Archery Championships in Jakarta, Indo- commitment to ending the scourge of segrega- to participate under the name of the country of nesia, in August 1995 to permit a team from Israel to participate in the competition tion and racismÐboth in his service to the Israel and under the Israeli flag. The Indo- under the name of Israel and under the flag labor movement and in his work in Govern- nesian organizing officials proposed that the of Israel, and urging the government of Indo- ment, are the principles that have served to Israeli archery team be designated group A, nesia to join in condemning this manifesta- make this country what it is today. This House that it march at the opening and closing cere- tion of racism and anti-Semitism. turns its back on those principles at its own monies under the flag of the International Whereas the Congress has repeatedly ex- and the Nation's peril. Archery Federation [FITA], and, if an Israeli ar- pressed its abhorrence of racism and anti- [From the Washington Post, July 18, 1995] cher wins a medal, the Indonesian officials Semitism in any form; GEORGE L.P. WEAVER, ASSISTANT SECRETARY want the fanfare of the FITA to be played in- Whereas the constitution of the Inter- OF LABOR stead of the national anthem of Israel. national Archery Federation (FITA) bars dis- George L.P. Weaver, 83, a former labor crimination against any country, association Mr. Speaker, this request from Indonesian union official who served as assistant sec- or person on grounds of race, religion or poli- officials is both ludicrous and outrageous. Is- retary of labor for international affairs dur- tics; rael is a sovereign nation, a member of the ing the Kennedy and Johnson administra- United Nations, and is recognized by most Whereas Indonesian officials organizing tions, died July 14 of complications related countries. Indonesia, as a matter of policy, the World Archery Championships in Ja- to emphysema and asthma at George Wash- does not have diplomatic relations with Israel, karta, Indonesia, in August 1995 have refused ington University Hospital. to permit a term representing Israel to par- and that, I am certain, is a clear reflection of Mr. Weaver spend most of his working life ticipate in the competition unless the team in activities related to the labor movement, the reason these Indonesian officials have agrees to conceal its national identity and beginning in the 1930s when he carried pas- taken such an offensive racist, anti-Semitic not compete under the flag of Israel; and sengers’ baggage as a redcap at railroad sta- and anti-Israel position. Whereas officials of the International tions in Chicago. As a young man, he joined Unfortunately, this is not the first instance of Archery Federation (FITA) have confirmed the United Transport Service Employees such intolerance. When the film ``Shindler's that Indonesian officials have refused to per- Union. List'' was produced a few years ago by Ste- mit an Israeli team to participate under its Later, he was assistant to the secretary- phen Spielberg, Indonesia was one of the few country’s name and with its country’s flag in treasurer and director of the civil rights committee of the old Congress of Industrial countries on the face of the Earth which re- the World Archery Championships; now, therefore, be it Organizations. After the CIO’s merger with fused to permit the movie to be shown. I inter- the American Federation of Labor in 1955, he Resolved by the House of Representatives (the vened with the Indonesian Ambassador and I became executive secretary of the new Senate concurring), That Congress: am delighted to report that eventually the union’s civil rights committee. movie was screened in Indonesia. (1) Condemns the Indonesian offices orga- In his capacity as assistant secretary of A year or so ago, I also raised with the In- nizing the World Archery Championships in labor for international affairs, Mr. Weaver donesian Ambassador and discussed in a Jakarta, Indonesia, for this refusal to permit was the U.S. representative on the governing a team representing Israel to participate in hearing of the House Foreign Affairs Commit- body of the International Labor Organiza- this international competition under the tion. He was chairman of that body in 1968. tee the publication in Indonesia's leading Eng- name and flag of their country; After stepping down as assistant secretary of lish-language newspaper, the Indonesia (2) Calls upon the Government of Indonesia labor in 1969, he was assistant to the presi- Times, an article by Prof. Agha Hamid, which to repudiate publicly the position that has dent of the ILO for about six years. was one of the most vicious anti-Semitic dia- been taken by those Indonesian officials or- Mr. Weaver, a Washington resident, was tribes that I have seen, and I have seen a ganizing the World Archery Championships born in Pittsburgh and grew up in Dayton, great deal of vicious anti-Semitism. Just one in Jakarta regarding the participation of a Ohio. He attended what now is Roosevelt sample: ``Actually the Jewish religion is not a team representing Israel in the competition University in Chicago and Howard Univer- and to urge the inclusion of the team of Is- sity law school. religion at all. It is infact [sic.] a bloody, sadis- In 1941, he came to Washington as a mem- tic and obscene code devised by Zionist-Tal- rael under the name of Israel and under the flag of Israel; ber of the CIO’s War Relief Committee. A mudist sages.'' And further: ``The Jewish year later, he became assistant to the sec- sages were not exclusively interested in homi- (3) Condemns all manifestations of racism retary-treasurer and director of the civil cide. Sexuality, particularly in far lesser con- and anti-Semitism wherever they may ap- rights committee. During the next dozen pear in Indonesia and elsewhere throughout years, he took leaves of absence to serve on ventional modes, is a strong rival for their at- the world; and tention.'' The Indonesian Government at that special government assignments and on over- (4) Directs the Clerk of the House of Rep- seas missions. The assignments included time knew of my outrage over the publication resentatives and the Secretary of the Senate service in 1950 as special assistant to Stuart of such disgusting trash. to convey a copy of this resolution to the Symington, chairman of the National Secu- Mr. Speaker, in light of this latest intolerable President of Indonesia and to the President rity Resources Board, and assisting in the re- action by Indonesian officials organizing the of the International Archery Federation organization of the Reconstruction Finance world archery competition against the citizens (FITA). Corporation.

∑ 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. E 1536 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 He participated in investigations of labor due in large part to the intense training they this was in a speech to Harvard students. Or conditions in various Asian countries for the received at the ADA School at Fort Bliss. that they needed to have it translated. International Confederation of Free Trade Mr. Speaker, I would like to wish my friend, With a steady rudder, an even keel and nu- Unions. In 1958, Mr. Weaver resigned from the James Cravens, all the best as he prepares to merous other maritime metaphors, Bill has AFL–CIO to become assistant to the presi- assume his next assignment as Deputy Chief guided the Times through these shoals with dent of the International Union of Electrical, of Staff for Combat Development at Fort Mon- dignity, professionalism, compassion, and Radio and Machine Workers and director of roe, VA. It has been a pleasure to work with humor. He must have even overcome that the union’s political education program. He General Cravens to ensure that Fort Bliss con- highest of all hurdles, since I have not heard remained in that job until joining the Labor tinues to live up to its motto, ``First to Fire.'' anyone ask recently how many generations Department in the Kennedy administration. General Cravens, his lovely wife, Joe Beth, ago his family settled on Cape Cod. In the In 1963, he was the first American to re- and his children, Jay and Tonya, will be sorely ceive the Malayan honorary award of process, he has earned the affection and re- Panglim Mangku Megara. He had served on missed. spect of the community he's worked so hard the boards of trustees of Washington Tech- f to define. nical Institution and the University of the And in case you were wonderingÐand let District of Columbia, was chairman of the RETIRING? NOT EXACTLY us hope that the various editors who may be Finance Committee of the United Negro Col- interested were wonderingÐyes, Editor and lege Fund and was a life member of the HON. GERRY E. STUDDS Publisher does think the word ``barrelful'' has NAACP. OF MASSACHUSETTS three L's. The way this session of Congress is Survivors include his wife of 54 years, Mary S. Weaver of Washington, and two sis- IN THE HOUSE OF REPRESENTATIVES going, resolving that question may require an- ters, Vivian Belden of Detroit and Thursday, July 27, 1995 other amendment to the Constitution. Annalouise Jenkins of Cleveland. In spirit, and in preparation for festivities at Mr. STUDDS. Mr. Speaker, when Bill f home this weekend in Mr. Breisky's honor, it Breisky announced recently his decision to is my privilege to enter into the RECORD his TRIBUTE TO MAJ. GEN. JAMES J. step down from the helm of the Cape Cod ``Centerpiece'' column of July 2, 1995Ðenti- CRAVENS, JR. Times, the newspaper launched a national tled ``Retiring? Not Exactly''Ðin which Bill search for a new editor. The advertisement made official his graduation to emeritus status. soughtÐand, in case any Member of this HON. RONALD D. COLEMAN [From the Cape Cod Times, July 2, 1995] House is interested, is still seekingÐcan- OF TEXAS RETIRING?—NOT EXACTLY didates with a ``proven track record of staff IN THE HOUSE OF REPRESENTATIVES motivation, community leadership, innovative (By William J. Breisky) Thursday, July 27, 1995 product improvements, a bias toward strong Seventeen years ago, I assumed the editor- local news coverage, a belief in the principles ship of the Cape Cod Times, and inaugurated Mr. COLEMAN. Mr. Speaker, I rise today to a column entitled ‘‘Another Monday.’’ It ran pay tribute to a man that has served as Com- of public journalism, and a respect for the in place of the second Monday editorial, and manding General at Fort Bliss, TX for the past budget. Our 72-person staff is highly talented was meant to serve as something of an anti- 2 years with distinction, Maj. Gen. James J. and has won a barrelfull of excellence awards. dote to the unpleasant surprises so often in Cravens, Jr. He is highly regarded as an out- No `now hear this' candidates need apply.'' store for us on a typical Monday morning. standing leader, and maintained Fort Bliss' It is hard to imagine a more fitting tribute to In the six years that I managed to meet my reputation as a good neighbor to El Paso. the standard and example set over the last 17 self-imposed deadline for ‘‘Another Mon- General Cravens has served his country years by Mr. Breisky. A daily reporter at heart, day,’’ I never succeeded in finding writing since 1966 when he was commissioned a Bill would nonetheless hold a story to ensure time at the office, and the task became, all too often, a Sunday-evening stress test. So I Second Lieutenant of Artillery upon graduation its accuracy. He cares far less about journal- declared a sabbatical. from North Georgia College where he received istic conventions like political box scores, than Part of the reason I never got around to re- a bachelor of science degree in business ad- reporting how we on the cape and islandsÐas turning from that sabbatical was a gentle- ministration. He also holds a master of a geographic community and as what he calls woman who approached me regularly during science degree from Clemson University. ``communities of interest''Ðactually conduct the coffee hour that followed our Sunday- His military education includes the Air De- our business. morning church service. For two years’ fense Artillery Officers Basic Course, the Air Bill has grappled thoughtfully with the high, worth of Sundays after ‘‘Another Monday’’ Defense Artillery Officers' Advanced Course, often irreconcilable expectations of Times had vanished, this charming and faithful readersÐnot to mention those of its editorial reader assured me, week after week, ‘‘I love the Army Command and General Staff Col- your column. Never miss it.’’ lege, and the National War College. staff, or of people whose activities we read That was reassuring. General Cravens' military decorations and about in the paper. We sometimes seek all Well, this is a long-winded introduction to awards include the Legion of Merit (with two things from our local paper, from the House the fact that tomorrow will be anything but Oak Leaf Clusters), Bronze Star Medal (with floor to our back yard. Beyond the hour-by- ‘‘another Monday’’ in my professional life. It Oak Leaf Cluster), Meritorious Service Medal hour crises and judgments that on into making will be the first Monday in more than 17 (with four Oak Leaf Clusters), Army Com- sure the paper actually hits the street each years that I will not be contemplating my mendation Medal (with Oak Leaf Cluster), Par- day, there are important questions about the responsibilities as editor of the Times. achutist Badge, Pathfinder Badge, and Army future of the industry. The traffic on the infor- Tomorrow I will assume the title of ‘‘edi- tor emeritus’’—which means I will begin Staff Identification Badge. mation superhighway is increasing as fast as fishing through 17 years’ accumulation of of- As Commanding General of the Air Defense the price of newsprint. fice files and clutter, to make room for the Artillery Center at Fort Bliss, General Cravens About this and other things, Bill Breisky ac- lucky individual who soon will be elected to has overseen the instruction of air defense ar- tually sits back, puts aside the crisis of the occupy my chair. It also means that while I tillery students from all over the world. The momentÐand reflects. He set out in 1978 to will continue to sit on the Times editorial ADA School trains air defenders, develops air do better than parochial, stenographic report- board, our newsroom staff will be free to dis- defense doctrine, and defines air defense ing, and got as passionate as deadlines permit miss my notions concerning what is, or isn’t, equipment requirements. As you know, Mr. about looking at the bigger picture. As an edi- newsworthy. Our readers, on the other hand, will not get Speaker, some of the school's graduates dis- tor, he inaugurated ``Cape Cod Agenda'' to off the hook so easily. tinguished themselves operating the Patriot sort out the real impact of development on the For the next few months at least, I will be Missile during Operation Desert Storm when cape and islands. As a citizen, he has worked spending a portion of my time at something the allied forces fought off various SCUD mis- through the Center for the Environment and we in the trade have come to refer to as sile attacks from the country of Iraq. Sustainable Development to pursue the twinÐ ‘‘public journalism,’’ a major part of which When James Cravens assumed his com- and, notwithstanding the naysayers, the com- involves listening more closely to readers. mand at Fort Bliss, I found him to be a man patibleÐobjectives of economic development To journalists who are captivated by the of integrity and great talent. He quickly cap- and environmental protection. idea, public journalism generally means find- ing new ways to involve readers in their tured the affection of El Pasoans with his You do not get that from a sleepy country newspapers, and to involve newspapers in the unyielding quest to produce the finest air de- editor, any more than from a cigar-chomping communities they serve—reporting on the is- fense specialists in the world. The overwhelm- Lou Grant. As Adlai Stevenson once said, sues of the day as they are seen by the people ing skill and superiority that our air defense ``Via ovicipitum dura est''Ð``the way of the who live here, rather than relying on elected forces displayed in Operation Desert Storm is egghead is hard.'' It will surprise no one that officials and the bureaucracy. July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1537 To some skeptical editors who are less IN RECOGNITION OF THE SERVICE to put those days behind us, it is also impor- than enchanted with the concept, public OF KOREAN WAR VETERANS tant not to lose sight of the tremendous acts journalism means handing the reins over to of courage by our Armed Forces that are re- amateurs—and trading objectivity and de- sponsible for this new cordial period. tachment for reader chumminess. HON. BRUCE F. VENTO OF MINNESOTA Today, here in our Nation's Capital, we will There is no prescribed formula for the honor the men and women who gallantly IN THE HOUSE OF REPRESENTATIVES practice of public journalism, however, and served our country in the Korean war. Across there’s no reason why common sense Thursday, July 27, 1995 shouldn’t prevail in applying it. from the Vietnam Memorial and in the shadow Mr. VENTO. Mr. Speaker, today our Nations of the Lincoln Memorial, the Korean War Me- When great numbers of readers take a pro- morial will stand in the company of the most prietary interest in the Times—when they honors the many soldiers who fought in the call us to applaud or criticize ‘‘my news- forgotten war in Korea by dedicating the Ko- celebrated monuments in the Nation. It is a paper,’’ and when people who work here take rean War Veterans Memorial on the Mall. This tribute to all those brave men and women who the position that public service is their pri- Memorial is a tribute to the contributions and donned a U.S. military uniform, including those mary mission—we’re surely on the right sacrifices made by all the men and women who lost their lives and those still missing. As track. who served. Americans, we are indebted to the soldiers Letters to the Editor, and a range of opin- Near the entrance to the memorial, an in- who placed their own lives on the line in order ion columns by writers who live in our scription reads, ``Our Nation Honors Her Sons to protect the cornerstones of American free- towns, and our ‘‘Sound Off’’ feature, and our and Daughters Who Answered the Call to De- dom. They fought to protect the freedom to Earthkeeping Forum, and our Cape Cod fend a Country They Did Not Know and Peo- speak without the fear of Government censor- Times Needy Fund, and the Volunteers in ple They Had Never Met.'' The bravery of ship. They fought for the freedom to freely Journalism group recently established by worship any religion without fear of retribution. members of our news staff—all are aspects of these Korean War veterans is inscribed in our what I think of as public journalism. history. They served our country in places like All in all, they fought for the very principles that our Founding Fathers wrote into the four But we can and should be doing more. the Chosin Reservoir, Inchon, and Pusan. Some who went and fought did not come corners of the Constitution. Last year’s ‘‘Cape Cod Agenda’’ project was In an era that is often assumed to be bereft our most thoroughgoing effort at inviting home, but made the ultimate sacrifice. In fact, some 54,000 Americans lost their lives. Others of leaders, we overlook these true American the public to tell us and their political rep- heroes. As a nation, we must ensure that resentatives where we should be focusing our who served experienced events that changed attention. In order to help persuade Novem- their lives forever. those who have honorably served and died in ber’s batch of candidates to focus on issues In Korea, United States soldiers fought in a our Armed Forces are remembered with grati- that matter, we asked members of our Citi- United Nations force alongside soldiers from tude. The decision to serve this country was a zens Election Panel—a diverse panel of pub- all over the world. As part of this multinational selfless act not only to protect the future of the lic-minded citizens chosen for us from a pool force, some 114,000 men and women from United States, but the beliefs on which we of volunteers by the League of Women Vot- Minnesota answered the call to serve. Min- founded our Nation. When the country called, ers—to cite the local and regional issues these courageous young soldiers stared fear most important to them. Then we invited nesotans served in all branches of our military service and they served with honor and dis- in the face and accepted the challenge no readers to narrow the panel’s two dozen is- matter the cost. They embody the traits that sues to six, and we declared those issues to tinction. Six hundred and eighty-eight Min- constitute the ‘‘Cap Cod Agenda.’’ nesotans were killed in action. we, as a nation, should all strive to emulate. Mr. Speaker, I hope that we all bow our Because of their sacrifices and those of Agenda issues were debated by can- heads in remembrance of the valiant young didates—and discussed at length at a series other United Nations troops, the Republic of men and women who have pledged to protect of programs where the citizenry did most of Korea's freedom was preserved. Over the past the principles of freedom that we, as Ameri- the talking and the candidates came pri- 42 years, the Republic of Korea has emerged cans, cherish as no other nation on Earth. marily to listen. from the ruins of the war and has built one of This fall the Times will again invite you the most successful economies in Asia. f and your neighbors to set an agenda for Cape The Korean War Veterans Memorial will be THE FOURTH ANNUAL OSCE Cod, and to talk to us and each other about a permanent reminder for visitors to our Cap- things that matter individually and collec- PARLIAMENTARY ASSEMBLY tively. The agenda format may change this ital of the American soldiers who served in a year, but the objective will be the same—en- difficult and costly war in Korea. As a Member HON. BENJAMIN L. CARDIN couraging community leaders, and the Times from the State of Minnesota, I am proud to OF MARYLAND itself, to do a better job of serving our com- say that the cutting, etching, and polishing of IN THE HOUSE OF REPRESENTATIVES munity of readers. the soldiers' faces on the granite of the memo- Thursday, July 27, 1995 Do you think we’re on the right track? rial was done in our State at Cold Spring, Min- Would you like to be involved in one way nesota. Mr. CARDIN. Mr. Speaker, I was privileged or another? A postcard or letter to Agenda The memorial on the Mall is a testament to to serve as a member of the U.S. delegation ’95, Cape Cod Times, 319 Main Street, the sacrifices of the soldiers who fought and to to the recently concluded 4th annual meeting Hyannis, MA 02601, will get my attention and those who never made it home. It is also a of the OSCE Parliamentary Assembly, held in will assure you a seat on the train. testament to those veterans who vowed never Ottawa from July 4±8. Our delegation was co- Welcome aboard. to forget their comrades. It was through their chaired by Helsinki Commission ranking mem- And while I have your attention, I would efforts that this memorial was built. I was ber, STENY H. HOYER and Representative MI- like to go on record with a couple of conclud- proud to have a role in supporting and helping CHAEL P. FORBES, and included our col- ing observations. guide the policy and laws that facilitated this leagues, LOUISE M. SLAUGHTER, ROBERT G. First, I’d like to say that serving as editor Korean War Veterans Memorial. TORRICELLI, RONALD D. COLEMAN and THOMAS of the daily newspaper that serves this re- I join with all Americans in proudly saluting C. SAWYER. markable corner of America has been more the bravery and service of America's Korean The Parliamentary Assembly, created as a fun than a barrel of cranberries. (Well, most War veterans. result of a United States initiative during the days.) That has been so because I’ve had the f Bush administration, is designed to help inte- privilege of working with a wondrous crew of grate newly independent countries and emerg- talented, steadfast journalists who care TRIBUTE TO KOREA VETERANS ing democracies in Central and Eastern Eu- deeply about their world and their chosen profession. rope and the former Soviet Union into west- ern-style organizations. Through the Assem- And second—to the legions of friends and HON. WILLIAM J. MARTINI acquaintances who greet me these days with OF NEW JERSEY bly, those responsible for crafting the laws the words, ‘‘I hear you’re retiring,’’ I would IN THE HOUSE OF REPRESENTATIVES which implement civic and economic reforms like to say: in the new democracies have the opportunity Thursday, July 27, 1995 You’ve got to be kidding! My wife’s got 17 to share their experiences with, and gain ad- years’ worth of untended chores saved up as Mr. MARTINI. Mr. Speaker, I rise today to vice from, parliamentarians from established retirement projects. remember an important chapter in American democracies. Participation by parliamentarians I’m not the retiring type. It’s just that history. It was not long ago that American sol- from the reforming countries was strong in Ot- someone else deserves a turn at this nifty job diers were fighting in the name of democracy tawa. Forty-seven of OSCE's 52 fully partici- I’ve had. on the shores of Korea. While it is necessary pating States were represented in Ottawa, as E 1538 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 well as observers from Macedonia and Japan. by my government, as well as by many of propriations for the Voluntary Fund for the Tri- Due to the continuing siege of Sarajevo, par- yours, to be war criminals. Actions which bunal, consistent with the authorization in H.R. liamentarians from Bosnia-Herzegovina were have repeated genocide on the European con- 1561. unable to attend. Their Ambassador to the tinent, and created the largest number of refugees on that continent since the second Second, President Clinton should, once and OSCE was present, however, and at his re- world war. for all, put to rest the notion that amnesty or quest, I was pleased to make a statement on We have in past meetings condemned these immunity is a viable option for the architects of behalf of the people of Bosnia during the clos- atrocities. As parliamentarians we have ethnic cleansing and those charged with geno- ing plenary session. urged that such actions be stopped. And cide; the continued silence of top U.S. officials Mr. Speaker, in his statement to the Assem- many of our members have committed peo- on this matter undermines confidence in the bly during the closing plenary session Mr. ple and resources to relieve the suffering and U.S. commitment to hold such individuals per- stop the criminal behavior. But we have not HOYER reminded us that August 1, 1995 sonally accountable. In addition, the U.S. Am- marks the 20th anniversary of the signing of yet succeeded. And we must, therefore, do more. bassador to the United Nations, Madeleine the Helsinki Final Act. In that speech Mr. I believe this organization can be an im- Albright, should publicly state American re- HOYER recalled the words of President Gerald portant instrument in realizing a world solve to use our veto, if necessary, to ensure Ford upon the signing of the historic accordÐ order based upon law and the principles of that sanctions against Serbia remain in place ``This document will not be measured by the the final Act. I, and the members of my dele- until Belgrade cooperates with the Tribunal by promises made in the Helsinki Final Act, but gation, pledge to you our every effort to en- surrendering to the Hague indicted criminals by the promises kept.'' sure the full participation of the United States Congress as a partner in the vital present on Serb-controlled territory. Easing The tragic overrunning of Srebrenica and sanctions throughout the past year has only Zepa by the Bosnian Serbs, and the creation quest to ensure that history’s judgement of been followed by Serbia's continued support of thousands of more victims of war crimes the Parliamentary Assembly, and the OSCE, for those responsible for war crimes and viola- perpetrated by the Serb aggressors is a sear- is that our words of principle were supported by our decisive and effective actions. tions of humanitarian law, including the fall of ing reminder to all of us that there are prom- It is said in America that many can ‘‘talk Srebrinica and Zepa. ises to be kept. I agree wholeheartedly with the talk,’’ but only a few are prepared to Mr. Speaker, there are those who have long my friend and colleague STENY HOYER that we ‘‘walk the walk.’’ The tyrants and terrorists can, and must, do more. I commend to you of our world are not dissuaded or intimidated sought to minimize the importance of this Tri- his remarks: by talk. But they can and must be con- bunal. They have argued that it cannot suc- ceed because we will not gain custody of the STATEMENT OF U.S. REPRESENTATIVE STENY fronted and confounded by our walk. I be- HOYER, 4TH ANNUAL SESSION OF THE OSCE lieve together we can see the realization of a indictedÐand therefore we need not try. They PARLIAMENTARY ASSEMBLY, new world order. have argued that it cannot succeed because it July 8, 1995. f lacks resourcesÐand therefore we need not President Swaelen, Officers of the Assem- bother to provide it with the means to do the bly, fellow delegates: In twenty-three days, INTERNATIONAL CRIMINAL job we have given it. And they have argued on August 1, 1995, we will celebrate the 10th TRIBUNAL that it cannot succeed because war criminals anniversary of the signing of the Helsinki sit as negotiatorsÐand therefore we should Final Act. That date also holds significant HON. CHRISTOPHER H. SMITH personal interest for me because, ten years merely continue to negotiate with them rather OF NEW JERSEY ago, as a new member of the U.S. Helsinki than seek to bring them to justice. But even if Commission, I attended my first OSCE meet- IN THE HOUSE OF REPRESENTATIVES those indicted this week are never brought to ing—a Conference on the Human Dimen- Thursday, July 27, 1995 trial, this Tribunal has already ensured that sion—here in Ottawa. they will be fugitives for the rest of their lives, Mr. SMITH of New Jersey. Mr. Speaker, I When President Gerald Ford signed the subject to international arrest warrants wher- hail the indictments issued this week by the historic accord in Helsinki on behalf of the ever they go. Moreover, by identifying individ- United States he said, ‘‘This document will International Criminal Tribunal for the Former ual perpetrators, this court may pave the way not be measured by the promises made in the Yugoslavia. The number of indictments has for the innocent among all ethnic groups in Helsinki Final Act, but by the promises now grown to 46; more significantly, they now this conflict to reconcile the divisions in society kept.’’ include the infamous names of Radovan Many signatory states viewed the words of that these war criminals exploited for their own Karadzic and Ratko Mladic, the highest rank- the act dealing with human rights and the personal ends. obligations that each state had toward its ing political and military leaders among the own citizens, as well as those of other states, Bosnian Serb hierarchy in Pale. With their in- f as essentially meaningless window dressing. dictment, Chief Prosecutor Richard Goldstone AGRICULTURE, RURAL DEVELOP- Their objective was to secure a framework in has proven himself a man of his word. Upon MENT, FOOD AND DRUG ADMIN- which their international political position, his appointment in July 1994, Goldstone prom- ISTRATION, AND RELATED and the then existing map of Europe would ised to take his prosecution where the evi- be adjudged a fait accompli. AGENCIES APPROPRIATIONS dence leads and to bring the most culpableÐ Ten years ago, when I came to the Helsinki ACT, 1996 meeting in Ottawa, I was told by my Soviet those who order and enable others to commit counterparts that the discussion of the atrocitiesÐwithin the reach of the court. In so SPEECH OF rights of Soviet citizens was inappropriate, doing, his indictments bring us one step closer and an interference with their internal af- to holding those responsible for the orchestra- HON. GARY A. FRANKS fairs. My delegation rejected that rationale. tion of the most egregious crimes of the Yugo- OF CONNECTICUT Words, we strongly maintained, were not slav War personally responsible for their ac- enough. Words are not enough today. IN THE HOUSE OF REPRESENTATIVES The relevance of this organization or any tions. international organization must be judged To further advance the work of this Court, Thursday, July 20, 1995 the United States should take two key meas- not solely on the merits of its principles, but The House in Committee of the Whole on the strength of its commitment to those ures. First, the United States must ensure that House on the State of the Union had under principles and on its unwillingness to wit- the Tribunal has the financial resources to consideration the bill (H.R. 1976) making ap- ness or permit violation of those principles bring these cases to trial and continue with ef- propriations for Agriculture, Rural Develop- by signatory states. fective investigations and prosecutions. Al- ment, Food and Drug Administration, and The Helsinki Final Act, like the United though last year, during a period of initial start- related agencies programs for the fiscal year Nations Charter, was an attempt to avoid up, the United States made a $3 million vol- ending September 30, 1996, and for other pur- the egregious mistakes of the past which had poses: allowed so much human suffering and car- untary contribution to the Tribunal, a subse- nage. A history which witnessed too often quent voluntary contribution has not been Mr. FRANKS of Connecticut. Mr. Chairman, the rationalization of inaction. forthcoming. Failure by the United States to I rise in strong support of the Hall-Roukema President George Bush, in assessing the provide adequate financial support to the Tri- amendment to the Agriculture Appropriations end of the cold war and the fall of the Berlin bunalÐat the very time the Tribunal's initial in- for fiscal year 1996. This amendment elimi- Wall, called for a ‘‘New World Order’’ in vestigations are producing meaningful re- nates the cap on the number of people who which the international community would act in order to assure a global political envi- sultsÐwould send a regrettable sign of weak- can participate in the WIC Program. In an ef- ronment dependent upon right not might. ening U.S. resolve to see war criminals held fort to return power to the States, make our Today we are confronted within the Hel- truly accountable. If the Administration will not Government more efficient, and help countless sinki sphere by the actions of those adjudged take the lead, Congress should earmark ap- individuals, it is essential to remove this cap. July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1539 This amendment will give the State WIC ad- as odd? Gallo Wines, a company with hun- wide costs incurred by States for this could ministrators the opportunity to help as many dreds of thousands, if not millions of dollars at exceed $650 million. This appropriation takes WIC participants as possible. its disposal received 1,000 times the Federal a huge step towards addressing that problem. WIC is a respected prevention program dollars that a small vintner did. The committee also recommends to the INS which effectively fights hunger, reduces infant Every year, huge American corporations like that they participate in a pilot program de- mortality, provides education, and cares for Sunsweet, Sunkist, Del Monte, and McDon- signed to increase cooperation between Fed- low-income women, infants, and children, so alds take Federal dollars and spend them eral, State, and local agencies at ports-of- they can reach their full potential in life. With overseas. entry. I am convinced this pilot program will this counterproductive cap, the WIC Program The GAO has said that the Market Pro- prove that ports can be run more efficiently, will impact fewer lives. motion Program is a case study in poor man- thus better facilitating trade and commerce The Hall-Roukema amendment is a budget- agement. Even so, the Appropriations Com- along the border. neutral amendment which would remove the mittee has elected to expand the MPP budget This increase in funding is justified. We cap of $7.3 million on the WIC Program, with- this year by $25 million. We have before us a must recognize that illegal immigration is a na- out changing the funding level appropriated in chance to end the practice of supporting cor- tional problem, not a State problem. This Con- this bill. The elimination of the cap would en- porations with multimillion dollar advertising gress must reaffirm its commitment to States courage cost-containment measures which budgets to market their programs in foreign and local communities because they are the would generate more savings which, in turn, countries. ones who must contend with failed illegal im- will serve more needy participants. The cap Mr. Chairman, if we are so concerned with migration policies of the past. To turn our only serves to cause unnecessary redtape in the ability of small and mid-size businesses to backs on that responsibility would be wrong. a time when we are working to down-size market their products overseas, we should The recent tragedy in Oklahoma City is a Government and limit Government intrusion pass the Zimmer amendment, eliminate the horrific reminder of violence in our society, but into people's lives. MPP and allow the Agriculture Committee to sadly, it occurs all too oftenÐif not as dramati- I urge my colleagues to support the Hall- devise a program that actually helps the small callyÐin communities across this land. So, I'm Roukema amendment and provide States with farmer during consideration of the farm bill. supportive of the actions this bill takes to com- the incentive and ability to stretch their funds Mr. Chairman, the time is now. Support the bat crime. and help eligible individuals enter the WIC Zimmer-Schumer amendment. End this form The Federal Government does not have all Program. of corporate welfare, and let Federal dollars the answers when it comes to combating the f go to programs that really need our help. crime we are most concerned about. I do not f believe the Congress should try to manage AGRICULTURE, RURAL DEVELOP- State and local law enforcement agencies. MENT, FOOD AND DRUG ADMIN- DEPARTMENTS OF COMMERCE, Rather, we need to support measures that ISTRATION, AND RELATED JUSTICE, AND STATE, THE JUDI- empower local law enforcementÐH.R. 2076 AGENCIES APPROPRIATIONS CIARY, AND RELATED AGENCIES does just that. This legislation gives maximum ACT, 1996 APPROPRIATIONS ACT, 1996 flexibility to local law enforcement officials to administer $2 billion for law enforcement and SPEECH OF SPEECH OF prevention programs instead of mandating that HON. JIM KOLBE money be used for specific purposes. The bill HON. MARGE ROUKEMA will allow local officials to use funds to put OF ARIZONA OF NEW JERSEY more police on the streets, purchase needed IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES equipment, fund youth prevention programs, Friday, July 21, 1995 Tuesday, July 25, 1995 provide drug court programs, or other urgent needs, according to the priorities determined The House in Committee of the Whole The House in Committee of the Whole House on the State of the Union had under House on the State of the Union had under by 39,000 State and local entitiesÐnot Wash- consideration the bill (H.R. 1976) making ap- consideration the bill (H.R. 2076) making ap- ington. Additionally, H.R. 2076 provides nearly propriations for Agriculture, Rural Develop- propriations for the Departments of Com- $500 million for the Byrne Grant Program that ment, Food and Drug Administration, and merce, Justice, and State, the Judiciary, and has been used very effectively by local law related agencies programs for the fiscal year related agencies for the fiscal year ending enforcement. In my own district, very success- ending September 30, 1996, and for other pur- September 30, 1996, and for other purposes: ful law enforcement alliances have succeeded poses: Mr. KOLBE. Mr.Chairman, I rise in support because of the availability of Byrne Grant Mrs. ROUKEMA. Mr. Chairman, I rise in of the Commerce, Justice, State, and Judiciary moneys. strong support of the Zimmer-Schumer appropriations bill before us today. I especially Let me shift gears for a moment to address amendment. want to commend Chairman ROGERS for his what this bill does with funding for the Com- I want to thank my friend from New Jersey excellent work through difficult budgetary and merce Department. I support the restructuring for offering this common sense amendment. It personal times. Despite the hurdles, the chair- of the Commerce Department. Over the years, is about time that this Congress sent a clear man and subcommittee have brought to the this agency has become the dumping ground message to the American peopleÐthat we are House a bill worthy of support. for every new function of the Federal Govern- serious about reducing the Federal deficit. Downsizing Government means making ment that didn't fit someplace else. While this How can we possibly ask the American tax- choices among spending priorities, and this bill bill does not dismantle the Commerce Depart- payer to subsidize advertising for corporate does just that by channeling funds to pro- ment, it cuts it by nearly 20 percentÐa clear America? Yet that's what we do. grams that are in the taxpayers' interest. While signal to Congress to reorder its functions. I At a time when we are slashing programs in I don't agree with every single funding deci- will support amendments to this legislation every agency, it is absurd that we would con- sion, on balance this is a responsible bill with making further cuts in certain areas of Com- tinue this type of corporate welfare. which I am proud to be associated. merce, and will soon introduce with others a It would be different if the Market Promotion This bill takes a giant step toward address- version of how dismantling the Department Program worked to the benefit of the small ing the issue of border enforcement. Even with might be accomplished. farmer. The fact is that it doesn't. In 1994, an outright rejection of the administration's ill- I am pleased the committee funded the Hershey's Chocolate received $265,000. In conceived border crossing fee, H.R. 2076 pro- Small Business Administration's microloan contrast, Berry Confectioners, a small com- vides funding to put an additional 1,400 Bor- program which has helped create hundreds of pany in New York, received $2,000. Clearly, der Patrol agents and inspectors on the front jobs in Arizona at little or not cost to the Gov- this is indicative of a program that is designed lines of the border. Overall funding for the Im- ernment. Organizations like Project PPEP help not to help small businesses, but rather to pro- migration and Naturalization Service is in- to effectively administer these startup loans in vide welfare to wealthy corporations. creased by 20 percent which will help border areas where this type of assistance is effec- My colleagues, if that example is not communities like those I represent. tively used and where loan defaults are almost enough to convince you that the MPP is se- The bill also provides $500 million for the nonexistent. verely flawed, consider this: Gallo Wines re- State Criminal Alien Assistance Program that The bill provides resources for the State De- ceived an astounding $2.5 million, while small reimburses States for the costs associated partment to continue its vital functions across businesses such as Mountain View Vintners with incarcerating criminal aliens. The General the globe. While H.R. 2076 does cut funding received $2,500. Does this strike anyone else Accounting Office estimates that the nation- 9 percent below last year's spending levels, E 1540 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 the cuts are fair and sensible. Contributions to may not exceed 75 percent of the financing plants trees at a cost of up to $1,200 per tree; U.N. peacekeeping operations are kept in outstanding at the time the loan is made. No and provides $70 million a year in grants to check while affording the executive branch direct or immediate participation loans could universities, which is the last place a small maximum flexibility and the legislative branch be made. business person goes for advice. maximum oversight. The bill closely resembles To be eligible for a guaranteed loan, a busi- In his book ``The Effective Executive'' Peter the provisions of the American Overseas Inter- ness must meet: Drucker, my professor at the Claremont Grad- ests Act passed by the House earlier this First, the credit elsewhere test, denied credit uate School, referred to an order by President year. by two lending institutions; second the defini- Johnson that all Government agencies adopt I encourage all of my colleagues to support tion of a small business; and third, the require- program reviews to weed out obsolete and un- this legislation that is both fiscally responsible ments of Sec. 7(a)(6) of the Small Business productive work. ``This is a good first step, and and attentive to the needs of the American Act that all loans be of such sound value or badly needed,'' Drucker said. ``But it will not people. so secured as reasonably to assure repay- produce results as long as we maintain the f ment. traditional assumption that all programs last For lenders to be eligible to participate in forever unless proven to have outlived their INTRODUCTION OF THE SMALL the program, the lender must maintain at least usefulness. The assumption should rather be BUSINESS TRANSFER ACT OF 1995 a 6-percent capital-to-asset ratio. The bill con- that all programs outlive their usefulness fast tains language explicitly subjecting lender loan and should be scrapped unless proven pro- HON. DAVID DREIER portfolios to an annual compliance review con- ductive and necessary. Otherwise, modern OF CALIFORNIA ducted OSBL auditors. As an option, this Government, while increasingly smothering so- IN THE HOUSE OF REPRESENTATIVES could be done as part of an institution's overall ciety under rules, regulations, and forms, will itself be smothered in its own fat.'' Thursday, July 27, 1995 compliance review conducted by the appro- priate bank regulator. Mr. Speaker, the Small Business Adminis- Mr. DREIER. Mr. Speaker, one of the goals The bill also contains language capping tax- tration has clearly outlived its usefulness. of the new Republican majority in Congress is payer exposure with excess or above historic While I also question whether a guaranteed to evaluate the performance and objectives of average losses on each lender's portfolio. For loan program remains productive and useful, all federal programs and agencies. In under- example, if the lender's portfolio is 10 percent there are legitimate concerns that excessive taking such evaluations, I believe two fun- above the industry's historic loss average, the Government regulation of lending institutions damental questions need to be answered: guarantee on loans originated by the lender has made it cost-prohibitive to lend to many First, what aspects of the program or agen- would fall by 10 percentÐfrom 75 percent to legitimate small businesses. Until those regu- cy continue to serve a beneficial public policy 68.5 percent. lations can be eased, a case can be made for purpose? The Treasury Secretary would be required maintaining a loan guarantee program. Second, how can we redesign the program to collect a minimum guarantee fee of 1¤2 of 1 The Small Business Transfer Act offers a or agency to perform the useful functions in a percent of the amount of the deferred partici- unique opportunity to make Government more cost-effective manner? pation share of any guaranteed loan. The effective by expanding small business capital, Today, Representative JOEL HEFLEY, vice lender would be permitted to finance the guar- reducing taxpayer risk, and giving small busi- chairman of the Committee on Small Busi- antee fee as part of the loan. The Treasury ness an antitax and antiregulatory voice at the ness, and I have introduced H.R. 2125, the Secretary would be required to adjust the highest level of Government. For these rea- Small Business Administration Transfer Act, guarantee fee, subject to the normal reporting sons, Mr. Speaker, I urge my colleagues to which addresses these two questions in a requirements, to ensure a guarantee fund that join us in cosponsoring H.R. 2125. positive way. In conversations with small busi- is self-financing. f ness owners and their representatives here in The reforms made to the loan guarantee DEPARTMENTS OF COMMERCE, Washington about the role of the Small Busi- program respond to a December 1992 Gen- JUSTICE, AND STATE, THE JUDI- ness Administration, I am told consistently that eral Accounting Office study of Housing and CIARY, AND RELATED AGENCIES the two areas where the Federal Government Community Development issues. The study APPROPRIATIONS ACT, 1996 can be helpful are in providing access to cap- made the following observations: ital and a voice at the highest levels of gov- There has been no recent assessment of SPEECH OF ernment. The remaining functions of the Small what sector of small business, if any, would Business Administration have little to do with, receive financial assistance if SBA did not HON. JOHN J. LaFALCE or actually hinder, small business growth. exist. Nor has there been a recent assess- OF NEW YORK The Small Business Transfer Act strength- ment of the economic impact that has re- IN THE HOUSE OF REPRESENTATIVES sulted from billions of dollars in Federal ens the programs that matter most to small Tuesday, July 25, 1995 business while saving taxpayers $3 billion guarantees that SBA has provided to small over 5 years. Under the legislation, the businesses. Yet in fiscal year 1992, SBA al- The House in Committee of the Whole most doubled the value of the business loans House on the State of the Union had under present Small Business Administration, with its that it guaranteed—from $3.8 billion in fiscal consideration the bill (H.R. 2076) making ap- outdated and heavily bureaucratic regional, year 1991 to $6.4 billion in fiscal year 1992. propriations for the Departments of Com- district, and field structure, would cease to Our work has shown that SBA’s loss rate is merce, Justice, and State, the Judiciary, and exist on October 1, 1996. An Office of Small greater than that of private lenders and that related agencies for the fiscal year ending Business Advocacy would be established in SBA has not adequately overseen the oper- September 30, 1996, and for other purposes: the Executive Office of the President. This of- ations of lenders receiving government loan Mr. LAFALCE. Mr. Chairman, I rise in strong fice, which would function in a manner similar guarantees. support of this amendment offered by Mrs. to the SBA's Office of Advocacy, will give Mr. Speaker, the reason the GAO's assess- MYERS on behalf of the two of us. And I want small business a voice inside the White ment of the SBA is so negative is that the to commend her for this initiative, although I House. agency's mission statement is faulty. In 1985, do want to note that I would have preferred The bill also establishes an Office of Small then OMB Director David Stockman called the that the amendment not cut as deeply as it Business Lending in the Department of Treas- SBA a billion-dollar wasteÐa rathole. Ten proposes to do. I believe a cut of almost 30 ury. The office would consist of an Under Sec- years later, the agency has undergone numer- percent is more than can be accomodated retary, Deputy Under Secretary, and no more ous reorganizations and credit reforms that without damaging the Office of Advocacy. than 200 auditors who would administer a have brought down default rates and improved Possibly the conferees on this bill can find an- small business general loan guarantee pro- the operations of credit programs. But the other four or five hundred thousand dollars to gram. All other SBA credit programs and re- agency is still a failure because of the faulty add to the amount being added by the amend- volving funds would be transferred to this of- premise that Government can create private ment. fice for servicing and liquidation. sector jobs. Even if the Government could cre- Mr. Chairman, of all of the functions of the The guaranteed loan program would func- ate private sector jobs, the SBA's programs Small Business Administration, the Office of tion like the current Preferred Lenders Pro- are inconsistent with that mission. Advocacy undoubtedly helps more small busi- gram, whereby the lender would have the Instead, what we have is an agency that re- nesses for less dollars than does any other of- complete authority to make close, service and allocates credit to the least credit worthy; pro- fice within SBA. liquidate loans. Maximum loan amounts would vides noncompetitive contracts to millionaire This is the Office whose testimony before remain the same, but the guaranteed portion minorities at the expense of small business; the Congress has been requested 200 times. July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1541 Why have our committees requested input Mr. * * *, it is my recommendation this case of alcohol. Finally, the Deutsch amendment from Advocacy? Simply because the office be closed without a referral for prosecutive prohibits funds from being used to promote or tells it like it is even if it puts Advocacy at opinion.'' provide assistance for mink industry trade as- odds with the administration. Finally critics have asserted that small busi- sociations. The amendments make the cuts in This is the Office to whom this House of ness associations are the ``real independent the Market Promotion Program to get the Representatives assigned new responsibilities voices for small business'' and ``do a better wealthy American corporations off of welfare. of reviewing proposed regulations by Federal job of monitoring small business policy than The Federal Government and American tax- departments and agencies to identify those the Office of Advocacy.'' These small business payers can no longer afford these corporate with anti-small business impact. Why did the associations disagree. handouts. I urge my colleagues to support House enlarge the duties of the Advocate? Major small business organizations unani- these amendments and eliminate the MPP. Simply because we know how effectively the mously support continuation of the Office of f Office has functioned as an advocate before Advocacy, including the National Association other Federal offices. for the Self-Employed, the National Federation IT IS TIME WE TRULY TAKE BACK Some critics have charged that Advocacy of Independent Business, National Small Busi- OUR NEIGHBORHOODS has been an abysmal failure in reducing the ness United, Small Business Legislative Coun- regulatory and paperwork burden. cil and the United States Chamber of Com- HON. BOB FILNER Tell that to the small businesses which use merce. OF CALIFORNIA simplified registration filings with the Security The Office of Advocacy has performed as a and Exchange Commission. champion for small business interests when it IN THE HOUSE OF REPRESENTATIVES Tell that to the 4 million firms with less than has been given a chance to do so. This Thursday, July 27, 1995 10 employees which will be able to use one chance, however, was denied when President Mr. FILNER. Mr. Speaker, today I have in- simplified tax form for all wage and tax reports Bush left the Chief Counsel job vacant for troduced legislation to bolster our Nation's instead of up to 15 separate forms. years at a time. When it has received strong crime fighting efforts and to encourage citizens Tell that to the millions of small businesses presidential support as it did from President to get involved in crime prevention. I am which have a lesser burden in dealing with the Carter, who appointed Milt Stewart as the first joined in this effort by Congressman STUPAK, Government. Chief Counsel for Advocacy, or from President cochairman of the Law Enforcement CaucusÐ And, when you tell them of this criticism, Reagan, who appointed Frank Swain as Chief of which I am a member. small businesses will tell you that the criticism Counsel, or from President Clinton, who ap- is wrong. These small businesses will tell you The Taking Back Our Neighborhoods Crime pointed Jere Glover, the office truly serves as Fighting Act will give a $50 tax credit to peo- that the Office of Advocacy is effective. They a champion for small business. will tell you that is why that last month the ple actively involved in neighborhood watch I urge adoption of the amendment. groups and other organizations committed to White House Conference on Small Business f as one of the top recommendations said that the reduction of local crime. the Office should be permanently maintained AGRICULTURE, RURAL DEVELOP- I am proposing this tax credit because as an independent entity. MENT, FOOD AND DRUG ADMIN- neighborhood watch works. It is the most ef- I also want to point out that some of the crit- ISTRATION, AND RELATED fective crime reduction program available to icism is not simply a difference in opinion. In AGENCIES APPROPRIATIONS our communities. Throughout the country, some cases the facts used to support the criti- ACT, 1996 neighborhood watch groups have made peo- cism are wrong. ple feel safer and more secure in their homes, Criticism. Advocacy staffers helped created SPEECH OF parks, and streets. a brochure to lobby for President Clinton's Neighborhood watch establishes relation- health-care plan; HON. GARY A. FRANKS ships among neighborsÐand it establishes Fact. GAO reported that this is not true. OF CONNECTICUT partnerships between neighborhoods and their Criticism. Advocacy sent a letter to Con- IN THE HOUSE OF REPRESENTATIVES police officers. Citizens are trained how to gress arguing against tax relief for small busi- Thursday, July 20, 1995 watch out for their families, monitor their nesses. neighborhoods, how to be observant and reli- The House in Committee of the Whole able witnesses, and how to assist their local Fact. Advocacy opposed elimination of a House on the State of the Union had under special tax incentive to encourage investments consideration the bill (H.R. 1976) making ap- police. Police chiefs and officers around the in small firms. Advocacy did conclude, how- propriations for Agriculture, Rural Develop- country firmly believe in neighborhood watch ever that if the trade-off for the proposed re- ment, Food and Drug Administration, and and have endorsed the idea of encouraging duction in capital gains tax rates was the related agencies programs for the fiscal year participation through tax credits. elimination of the small business preference, ending September 30, 1996, and for other pur- Over the last decade, in my congressional small business would be better off if the rates poses: district, we have pioneered the concept of were not reduced. The Office did support Mr. FRANKS of Connecticut. Mr. Chairman, community oriented crime fighting, and we other parts of the tax bill which helped small I rise in strong support of the amendments have seen the difference it makes. business, such as increasing expensing, in- which eliminate the Market Promotion Pro- Serving on the San Diego Council for 5 creased estate and gift tax credit and clarifica- gram in the Agriculture appropriations bill. The years before I came to Congress, I worked tion of deductions for an in-home office. Market Promotion Program, a prime example hand in hand with residents to attack crime. Criticism. Advocacy ``spent last Friday * * * of corporate welfare, gives millions of Federal We helped establish neighborhood watch faxing a 9-page `Game Plan' to congressional dollars to multibillion-dollar corporations for the groups. We went on walking patrols through offices outlining a lobbying strategy'' to save promotion of American products in foreign the streets and created support networks the office, an activity characterized as illegal countries. During a time when so many Ameri- among neighbors. We established drug free lobbying; cans are asking to us to balance the budget, zones to keep dealers away from our schools. Fact. The document in question was an in- how can we keep funding corporate welfare in And we organized a graffiti patrol to clean up ternal office document which was never used the guise of the Market Protection Program? our neighborhoods and restore pride in our nor authorized for release to any congres- Four amendments to the Agriculture appro- community. sional office. As far as we know, it was not priations bill would either make cuts or elimi- We also worked directly with local police to sent to anyone, except for the one copy that nate the Market Protection Program. First, the create innovative crime fighting strategies. We was surreptitiously made available to a con- Zimmer-Schumer amendment prohibits any of instituted walking patrols in the streets, in the gressional critic of the office; and SBA's In- the bill's funds from being used to pay the sal- schools, and in the neighborhoods. Police offi- spector General has determined that the aries of persons who carry out the Commodity cers got to know the neighborhoods they pro- memo was not a violation. Credit Corporation's market promotion pro- tected and the people in them. They talked to A letter from the inspector general attached gram. Second, the Obey amendment cuts the residents, and residents knew exactly who to a memo from the assistant inspector general bill's funds from being used to pay the salaries call if they saw someone in trouble. for investigations which concluded: and expenses of personnel for certain large These efforts have been successful. During ``Because there is no evidence of actual lob- producers who participate in the MPP. Third, the last year in San Diego, we have seen a bying and no evidence contrary to the stated the Kennedy amendment prohibits the CCC reduction of at least 10 percent in every major intent of the preparation of the document by from using funds to promote the sale or export category of crime. E 1542 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 And most importantly, we were empowered, INTRODUCTION OF THE YELLOW- losis in wildlife within the Greater Yellowstone we felt stronger, we fostered a sense of com- STONE BRUCELLOSIS-FREE MAN- area. munity, and we saw that we could make a dif- AGEMENT ACT In the long term, the bill directs the Sec- ference in peoples lives. retaries of the Interior and Agriculture to co- operate with the States of Montana, Idaho, Neighborhood watch groups have proven to HON. PAT WILLIAMS and Wyoming in seeking the elimination of the be an effective and economical approach to OF MONTANA diseases brucellosis from the Greater Yellow- providing a better and more secure society for IN THE HOUSE OF REPRESENTATIVES stone ecosystem. To accomplish this goal, the ourselves and our children. Thursday, July 27, 1995 bill provides strong direction and authority for Giving people in neighborhood watch Mr. WILLIAMS. Mr. Speaker, today I am in- science-based management of the diseases. groups a $50 tax break will support the many troducing the Yellowstone Brucellosis-Free The bill provides recognition of the facts that citizens already involved in crime prevention Management Act to provide a comprehensive American Indians have long-standing spiritual and encourage more community participation. and practical strategy to address the problems and cultural ties to the American bison and, as of brucellosis in the Yellowstone. I ask my colleagues to support this impor- such, have shown an interest in participating Yellowstone, our Nation's first national park, tant piece of legislation. Working togetherÐ in the disposition of surplus bison for subsist- represents the true flowering of the idea of ence or to restore herds on American Indian and only by working togetherÐcan we truly public lands set aside for the use and enjoy- lands. start to reclaim our streets. ment and education of all the American peo- Mister Speaker, this is a good bill for Mon- ple. It is unsurpassed in scenic beauty and tana's livestock producers. It protects their le- natural features and remains today of Ameri- f gitimate interests at the same time it provides ca's outstanding wildlife sanctuaries, little al- for proper long-term management of Yellow- tered by human settlement. stone's bison. This is a good bill for the bison. DEPARTMENTS OF COMMERCE, Yellowstone provides refuge for rare and JUSTICE, AND STATE, THE JUDI- This is a good bill for the Yellowstone. endangered species such as the threatened f CIARY, AND RELATED AGENCIES grizzly bear, the rare mountain lion and APPROPRIATIONS ACT, 1996 wolvering, bald eagles and trumpeter swans, DEPARTMENTS OF COMMERCE, the Yellowstone cutthroat trout and arctic JUSTICE, AND STATE, THE JUDI- SPEECH OF grayling. The public lands surrounding Yellow- CIARY, AND RELATED AGENCIES stone offer complementary scenic vistas, rec- APPROPRIATIONS ACT, 1996 HON. RON PACKARD reational opportunities and outstanding wildlife habitat. SPEECH OF OF CALIFORNIA This greater Yellowstone area represents HON. RON WYDEN IN THE HOUSE OF REPRESENTATIVES the largest undeveloped land of wilderness quality in the lower 48 States, and it includes OF OREGON Tuesday, July 25, 1995 the largest free-ranging herds of elk and bison IN THE HOUSE OF REPRESENTATIVES in the world. Tuesday, July 25, 1995 The House in Committee of the Whole However, it is those herds, and particularly House on the State of the Union had under The House in Committee of the Whole consideration the bill (H.R. 2076) making ap- the bison, which have raised concerns about House on the State of the Union had under propriations for the Departments of Com- the risks of brucellosis which is carried by consideration the bill (H.R. 2076) making ap- merce, Justice, and State, the Judiciary, and some animals in both herds. The dilemma is propriations for the Departments of Com- related agencies for the fiscal year ending how do we protect the delicate wildlife inter- merce, Justice, and State, the Judiciary, and September 30, 1996, and for other purposes: relationships, the unique genetics of Yellow- related agencies for the fiscal year ending stone's wildlife and yet address the potential September 30, 1996, and for other purposes: Mr. PACKARD. Mr. Chairman, the 1996 threat of brucellosis in the wildlife population Mr. WYDEN. Mr. Chairman, I rise today to Commerce, Justice, State, and Judiciary Ap- and its possible transmission to livestock out- thank the 179 Members of this body who propriations Act is a clear, non-nonsense dec- side the park and resulting economic con- signed on to my letter asking Speaker GING- laration of what this Republican Congress sequences to the livestock industry. RICH to preserve the Legal Services Corpora- stands for. Time and time again the American My legislation protects livestock producers tion [LSC]. Additionally, I would like to thank public tells us that the main concern is crime, from that threat and the harm of unfair eco- those MembersÐAMO HOUGHTON, STEPHEN and for too long this concern has fallen on nomic sanctions by establishing a comprehen- HORN, DAVID SKAGGS, HOWARD BERMAN, JACK deaf ears. In our Contract With America we sive framework for the National Park Service REED, and CONNIE MORELLA, among othersÐ promised to act on that concern and I am to address and manage and control brucel- who personally talked to other Members of proud to stand here today and say to the losis in the Yellowstone area. Congress to help stave off further cuts to the American people ``We have taken action.'' For far too long, the bison-brucellosis con- Legal Services Corporation. Legal services is literally the last line of de- The Commerce, Justice, State, and Judici- troversy has swirled with hearsay, unsubstan- tiated claims and fear. This bill replaces fear fense against destitution for many deserving ary Appropriations Act reflects the priorities of with facts, rumor with research, supposition Americans. Last year, LSC-funded programs the American public. We have slashed waste- with science and, most important, it replaces provided assistance to over 50,000 women ful bureaucracies, we have downsized low pri- talk with direct and specific action to remove seeking protection against abusive spouses, ority programs, and we have cut foreign aid the threat of brucellosis. 240,000 elderly seeking help ranging from and put the money back in America. Why In the short term, this bill sanctions the in- fraud to Medicare, 2,600 veterans seeking should taxpayers pay for international efforts terim bison management plan signed by the help with veteran's benefits, and 9,000 abused to stop killing abroad when in their own back- U.S. Forest Service, the State of Montana and and neglected children. There are many in this yard people are murdering each other? We Yellowstone National Park. It concurs with the country who would find themselves trapped in can't fight a war abroad until we've won the need for a long term environmental impact disastrous often life-threatening situations war at home. Make no mistake about it, this statement in the form of a bison management were it not for legal services attorneys. is a war. Crime in America has killed millions plan. It also establishes the Yellowstone Bru- I would also like to make several points and ruined the lives of many more. Our anti- cellosis-Free Management Area with special about the contention that the private bar could crime initiatives represent a major offensive in regulations to provide economic stability in somehow replace legal services attorneys. I this war against crime. We recognize that terms of the brucellosis-free status for the began my career in public service running the crime cannot be defeated by politicians and States of Montana, Wyoming, and Idaho as Oregon Legal Services Program for the elder- bureaucrats in Washington. It is up to the local long as the interim plans are in effect within ly. I came away from my experience with a communities and States to lead the assault the Yellowstone area. strong belief that there is a critical role for the and that is why we have given them the One of the most important features of the private sector to play in providing legal assist- means to fight crime directly, in the best way bill is the prohibition on unfair or arbitrary ance to the poor. they see fit. This is only the beginning, we sanctions imposed by APHIS on other States During the time I worked with Legal Serv- have a long fight ahead, but one we are com- or livestock producers of Montana, Wyoming, ices, I organized hundreds of private attorneys mitted to winning. and Idaho because of the presence of brucel- to assist in expanding access to the courts for July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1543 the elderly. Today, 250 private attorneys do- ZOE LOFGREN, EVA CLAYTON, CARDISS COL- The imprisonment of innocent Sikhs is made nate time to the senior law centers in Oregon. LINS, BEN CARDIN, BARNEY FRANK, ROSA worse by the unfair treatment they receive In Portland last year, these attorneys donated DELAURO, BOB BORSKI, SIDNEY YATES, L.F. once in prison. This despicable treatment all 1,640 hours. More than 1,000 lawyers in Or- PAYNE, ELIOT L. ENGEL, LOUISE SLAUGHTER, too often leads to the murder of innocent pris- egon, and 130,000 lawyers nationwide partici- STENY HOYER, KAREN MCCARTHY, DALE KIL- oners. Many times these deaths go unreported pate in pro bono activities organized by legal DEE, NEIL ABERCROMBIE, BOB FILNER, PETER by police, and the bodies are cremated and, services programs. DEUTSCH, TOM FOGLIETTA, PETER DEFAZIO, therefore, go unclaimed. However, I know most of the attorneys I RICHARD NEAL, PATSY MINK, LYNN RIVERS, I believe this situation deserves and de- worked with would agree that in spite of their JAMES TRAFICANT, BILL LUTHER, NICK RAHALL, mands the attention of this body. Just as we hard work, they could not even begin to fill the PAUL MCHALE, JANE HARMAN, HENRY GON- have supported democratic reforms and the shoes of the legal services attorneys who ZALEZ, ELEANOR HOLMES NORTON, CHAKA right to self-determination in Eastern Europe, I could give full time attention to the problems FATTAH, CARRIE P. MEEK, JOHN LEWIS, PETE believe we should support independent and of seniors. The American Bar Association esti- PETERSON, WILLIAM COYNE, HARRY JOHNSTON, self-determination for Khalistan. The behavior mates that less than 20 percent of the legal PETE STARK, NORM DICKS, PAT WILLIAMS, of the Indian Government should not be toler- needs of the poor are met. Even with current DAVID BONIOR, VIC FAZIO, ROBERT ANDREWS, ated, and their treatment of the Sikh people funding and massive involvement by the pri- WILLIAM JEFFERSON, EDDIE BERNICE JOHNSON, should be condemned. vate sector, LSC-funded programs are forced PETER VISCLOSKY, BART STUPAK, MAURICE PARLIAMENTARY DEBATES to turn away 43 percent of eligible clients. HINCHEY, JACK REED, PAUL KANJORSKY, MAR- PUNJAB (TREATMENT OF SIKHS) Most legal aid programs turn away women in TIN MEEHAN, NORMAN MINETA, SHEILA JACK- Mr. Terry Dicks (Hayes and Harlington): I divorce cases unless they are in danger of SON-LEE, THOMAS BARRETT, JERROLD NADLER, wish to bring to the attention of the House their lives from an abuser, and they turn away BILL RICHARDSON, ESTEBAN TORRES, BERNARD the continuing persecution of the Sikhs liv- eviction cases unless the family will go home- SANDERS, LLOYD DOGGETT, THOMAS SAWYER, ing in their homeland, the Punjab—an issue less. TONY HALL, KEN BENTSEN, DAVID SKAGGS, that I have brought before the House on three previous occasions in the 12 years that Second, the legal problems of the poor, and HAROLD VOLKMER, GERALD KLECZKA, NORMAN in my experience, particularly the poor elderly, I have been a Member of Parliament. SISISKY, ED PASTOR, SAM GEJDENSON, JAMES I noticed that nearly 30 hon. and right hon. often require a depth of expertise and a time CLYBURN, NANCY PELOSI, BOB WISE, LUIS Members were in the Chamber to listen to a commitment that is rarely available on a pro GUTIERREZ, KWEISI MFUME, JIM MCDERMOTT, debate about Bosnia, about which British bono basis by private attorneys. RON COLEMAN, BARBARA KENNELLY, MELVIN people are not really interested because it is Cases that legal service lawyers take up for WATT, PATRICK KENNEDY, XAVIER BECERRA, not of direct concern. We now have a de- older Americans range from navigating the bu- GEORGE BROWN, ALCEE HASTINGS, CHET ED- bate—at least, a statement—about the posi- tion in a Commonwealth country, and the 30 reaucratic maze of Medicare, Medicaid, and WARDS, LYNN WOOLSEY, ED MARKEY, HENRY people who were in the Chamber at 10 o’clock Social Security to working through problems WAXMAN, WALTER TUCKER, DICK DURBIN, PAT with consumer fraud, age discrimination, pen- have almost all left. I find that surprising SCHROEDER, GERRY STUDDS, TOM MANTON, ED and disappointing. sion income, property assessments, and wills TOWNS, MAJOR OWENS, JULIAN DIXON, JOHN Sikhs in my constituency and throughout and probate. BRYANT, LANE EVANS, JIM OBERSTAR, JOE KEN- the world are worried for relatives and The fact of the matter about legal services NEDY, DAVID MINGE, NYDIA VELAZQUEZ, LEE friends who continue to live in that part of is that in most communities they are the only HAMILTON, CONNIE MORELLA, FRANK RIGGS, India. The rape of young women, the beating knowledgeable advocate for poor people who SOLOMON ORTIZ, FRANK TEJEDA, RAY THORN- of old men and the murder of young boys, to- gether with the imprisonment without trial find themselves up against a convoluted Fed- TON, DONALD PAYNE, CHRISTOPHER SHAYS, eral bureaucracy or abusive members of their of thousands of innocent people, have been BEN THOMPSON, BLANCHE LINCOLN. taking place for more than a decade and con- family or community. For every anecdote In addition, Representative HAL ROGERS, about a legal services attorney taking up a tinue to this day. chairman of the House Appropriations Sub- Living in fear in part of everyday existence questionable case, there are a thousand committee on Commerce, Justice, State, and in the Punjab. The freedom that we take for where they helped a poor person just get a Judiciary, made clear early on that he would granted in Britain does not exist in that part fair shake. not support the elimination of the Legal Serv- of India. Again, I would like to thank the many Mem- ices Corporation and for that, and for his pa- Recent evidence obtained from police files bers of Congress who recognized the impor- tience and kindness, we are grateful. shows that bodies of police suspects mur- tance of legal services in ensuring this country dered in police custody have been cremated f provides equal justice for all, and fought to en- as ‘‘unclaimed’’ and that that practice has continued since 1984. The documents that I sure the continuance of this program. SIKHS DESERVE RIGHT TO SELF- The Members who signed onto my letter are have with me were given by or bought from DETERMINATION police authorities in the Punjab. They list the following: STEPHEN HORN, AMO HOUGHTON, names of people relating to the bodies that FRANK PALLONE, JIM MORAN, TIM JOHNSTON, HON. PHILIP M. CRANE have been cremated; yet the Indian authori- MILLER, BARBARA-ROSE COLLINS, SHERROD OF ILLINOIS ties denied the existence of such records. BROWN, MIKE WARD, JOHN SPRATT, JOSE The Indian Express carried a front-page IN THE HOUSE OF REPRESENTATIVES SERRANO, DICK GEPHARDT, SAM GIBBONS, story in its edition of 3 February 1995, in ROBERT TORICELLI, ROBERT MENENDEZ, LOUIS Thursday, July 27, 1995 which it said that during the three years 1991–93, the Punjab police dumped about 426 STOKES, RONALD DELLUMS, CHARLES RANGEL, Mr. CRANE. Mr. Speaker, I rise today to bodies for cremation as ‘‘unclaimed’’ on the CHARLES SCHUMER, OWEN PICKETT, HAROLD bring the attention of the House to an ex- Patti Municipal Committee. In many cases, FORD, NITA LOWEY, LUCILLE ROYBAL-ALLARD, tremely sensitive situation in India. In a time the relatives had not been informed even SAM FARR, ANDY JACOBS, ELIZABETH FURSE, when civil rights abuses around the world are though the bodies had been identified. HOWARD BERMAN, JOHN BALDACCI, RICK BOU- being condemned, the treatment of the Sikhs In the same region last year, another 17 CHER, BOBBY RUSH, BOB CLEMENT, BOBBY by the Indian Government should not go unno- ‘‘unclaimed’’ bodies were sent by the police SCOTT, JIM FOX, PETER TORKILDSEN, JOHN ED- ticed. for cremation. Why cremation? Because WARD PORTER, GLEN POSHARD, JAMES LEACH, This shameful treatment has included docu- burnt bodies cannot be examined later for evidence of torture or other abuse. ALAN MOLLOHAN, JERRY COSTELLO, JIM CHAP- mented cases of rapes of young women, the Police sources have disclosed that, al- MAN, KAREN THURMAN, BRUCE VENTO, MARTIN beating of old men, and the murder of young though some of those so-called ‘‘missing per- FROST, LINCOLN DIAZ-BALART, NANCY JOHN- boys. Innocent Sikh people have also been sons’’ may have died as a result of torture SON, MAXINE WATERS, MICHAEL FORBES, AL- subjected to imprisonment without trial, and while in police custody, others may have BERT WYNN, CORRINE BROWN, SHERWOOD this practice has been occurring for more than been eliminated because they had some evi- BOEHLERT, JOHN DINGELL, ROBERT MATSUI, a decade. dence of police brutality—in other words, ILEANA ROS-LEHTINEN, CYNTHIA MCKINNEY, The Sikhs are being persecuted in their own they had witnessed what was going on and JACK QUINN, EARL HILLIARD, SANFORD, BISHOP, homeland. They live in fear everyday, and the they had to be put away together with those who were murdered as suspects. RICK LAZIO, MARCY KAPTUR, STEVEN SCHIFF, freedoms we take for granted simply do not A local human rights group brought that FLOYD FLAKE, SCOTTY BAESLER, TONY BEILEN- exist in this part of India. Those Sikhs that position to the attention of the Indian high SON, ANNA ESHOO, EARL POMEROY, GARY ACK- have the coverage to speak out against these court, but its action was dismissed on the ERMAN, CAROLYN MALONEY, TIM ROEMER, MAR- abuses are often arrested and held for no rea- grounds that only relatives of murdered indi- TIN OLAV SABO, JOHN OLVER, WILLIAM CLAY, son. viduals could be party to any litigation. E 1544 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 That approach is a bit like telling the rel- We are now celebrating the end of the sec- thing that can just be done off the cuff, on atives of Kuwaits who disappeared during ond world war—a war that was fought to pre- the spur of the moment. Does the hon. Mem- the occupation of Kuwait to apply to the serve freedom of expression, freedom from ber have the Minister’s permission? Iraqi high court in Baghdad for an inquiry to tyranny and freedom of self-determination. The Parliamentary Under-Secretary of be held into their disappearance. In the Punjab there is no freedom of expres- State for Foreign and Commonwealth Affairs Investigation into allegations of police tor- sion, only its restriction. In the Punjab there (Mr. Tony Baldry): I am perfectly content for ture are rare and, even when such alloca- is no freedom from tyranny, only the fear of the hon. Member for Gravesham to inter- tions have been established, prosecutions tyranny. In the Punjab there is no freedom vene, Mr. Deputy Speaker. have not taken place. According to recent re- of self-determination, only the ability to I was saying that many of my constituents ports by Amnesty International, there is no whisper the word ‘‘Kalistan’’ because to do are concerned about the lack of follow-up to evidence of a police officer having been con- otherwise would put lives at risk. the disappearances that have occurred in the victed of human rights violations in the Pun- For Sikhs in the Punjab, we should read Punjab, especially when young men from jab. That says it all about the so-called free Muslims in Kashmir. Who is causing their their extended families have disappeared. and democratic nature of that place and the suffering? It is none other than the Indian For instance, there was a ghastly case of a police reaction to law and order. Government. The Sikhs in the Punjab and young man disappearing and all the stories The British Parliament has refused to con- the Muslims of Kashmir turn to us for help. were that he was being held in prison in a po- demn the behavior of the Indian Govern- They believe in the democratic principles lice station. The family was eventually ad- ment, no matter how well documented the upon which our Parliament is based. How vised that the young man had died in cus- facts are. The Government refuse, sup- much longer must they suffer and how many tody, yet only a few weeks later he was posedly because India is a powerful Common- more excuses will be found to justify ignor- clearly seen at the window of the prison. wealth country. Indeed, India refers to itself ing their pleas? When the case was pursued with the prison as the ‘‘largest democracy in the world’’. As I said earlier, this is the fourth time authorities and the place was eventually Perhaps the phrase the ‘‘largest hypocrisy’’ that I have raised the issue on the Floor of checked out, the young man had disappeared is more appropriate; it is one that I use fre- the House Commons. I suspect that, for the yet again. quently to describe that Government and fourth time, my hon. Friend will read a For- With my Latin American experience, I that country. The Labour party, with its eign Office brief and that no further action know about the concerns about those who close links with the Congress party and the will be taken. I suspect that there will be no have disappeared in Argentina. In the last Gandhi family, prefers to say nothing at effort to help me to secure a visa to visit decade of the 20th century such dreadful all—I suppose that that is par for the course India. I suspect that the Government will things are still happening. for that party. not raise the issue of human rights with the It is especially relevant to raise the matter Abuses elsewhere, such as in Bosnia and in Indian Government and that they will not in the House of Commons, because until 1947 parts of the Soviet Union, have led to con- consider doing away with the aid programme the House was responsible for the conduct of demnation by our Government. Why have because of the abuse of human rights in affairs in India. In some ways the agreement the Indian Government escaped Britain’s India. I shall probably hear—with great re- made by Mountbatten with the successor au- wrath? If the Indian Government have noth- spect to my hon. Friend—platitudes and no thorities, especially Nehru and the Congress ing to hide, what are they attempting to firm decisions. party, for the creation of India led to the cover up? Why will they not grant me a via There are about 300,000 Sikhs in this coun- current position. The great Sikh leaders of to enter the country? I reiterate my offer to try. The 8,000 Sikhs in my constituency will the day took at his word and at face value the Indian Government; if my Sikh friends want to know how Parliament can spend the promises that Mr. Nehru made them con- are telling me lies, I will condemn them out- hours talking about Bosnia—which is of no cerning the autonomy and the governance of right upon my return from the Punjab; on concern to this country in any shape or greater Punjab, as it then was—promises the other hand, if the Indian Government form: the Balkans were never part of the that he subsequently broke. have been misleading the rest of the world, I Commonwealth—and yet can debate this As a result of the haste with which we left will shout the facts from the rooftops upon very important issue for half an hour four India and of the lack of care taken at the my return to Britain. times in 12 years. I know that my hon. time to ensure that the legitimate rights of With such a reasonable offer available, per- Friend the member of Gravesham (Mr. Ar- the Sikhs were sustained, we have a respon- haps the Government and my hon. Friend nold) has many Sikhs in his constituency, so sibility. the Parliamentary Under-Secretary of State I now give way to him to say whatever he The debate is especially relevant this for Foreign and Commonwealth Affairs will wants to say. week, because over the past weekend we seek to persuade the Indian Government to Mr. Jacques Arnold (Gravesam): I am ex- have celebrated Victory in Europe day. grant me a visa. I sincerely hope that they tremely grateful to my hon. friend the Mem- While I was doing so in my borough of will. As the elected representative of some ber for Hayes and Harlington (Mr. Dicks) for Gravesham, I met an elderly Sikh visiting 8,000 Sikhs, it is important that I see the po- raising this very important subject. As he from India, who told me how he had served sition for myself. I hope that, with the help said, many thousands of Sikhs live in as a sergeant-major with the British forces of the Foreign Office, I shall gain access to Gravesend and Northfleet in my constitu- in Italy as part of the imperial Indian army that country. ency. The are very concerned about their under the Raj. Recognition of the rights of Sikhs who are families and friends who remain in the Pun- living in the Punjab is all that Sikhs else- We owe a debt of gratitude to those people. jab and many hundreds of my Sikh constitu- We owe it to them to speak up for human where want. That means the right to press ents travel to the Punjab every year to visit for self-determination and to strengthen the rights in the Punjab, so that they can live in them. They find the situation there to be ex- peace in the land of their forefathers. call for an independent Kalistan, Sikhs can- tremely insecure. Constituents travel to the not understand how Britain, which is their Punjab every year to visit them. They find Here is the true face of Indian ``democracy'' mother country in some ways, can take such the situation there to be extremely insecure. revealed for all to see. All over the world, their determined action against the Iraqi invasion In this country we take it for granted that tyranny is being exposed. These strong state- of Kuwait and yet stand by and do nothing human rights will always be preserved, and ments reveal yet again that India is in truth a about human rights abuses in India. They that if difficulties arise for ourselves and our brutal, repressive tyranny which tortures and wonder why they are treated differently, but families, in extremis we can turn to the po- they are also aware that the Punjab is not an lice for help. Those are freedoms and rights murders routinely. This is the truth that will oil-rich region. Our Government give the im- not easily available to residents in the Pun- cause India to collapse. Freedom for Khalistan pression that they are being selective in jab. Not only are their families vulnerable to and all the nations living under Indian occupa- their opposition to human rights abuses. If the depredations of the police but, if things tion is inevitable. (Dr. G.S. Aulakh, President, that impression is to change, our Govern- go wrong and they are the victims of extor- Council of Khalistan.) ment must condemn outright the behaviour tion or violence of any sort, they cannot f of the Indian Government have recourse to the police authorities, as There should be no aid programme to should be their right. FUNDING FOR THE COMMUNITY India, particularly because aid is now tied to What remains in the Punjab is an extreme DEVELOPMENT AND REGU- good human rights practices. If that is the uneasiness for the individual, especially as case, how can we give a penny to the Indian there has been no proper investigation of the LATORY IMPROVEMENT ACT OF Government which use and abuse the considerable number of cases of people who 1994 Punjabi people in their own country? If that have disappeared over the years. Families has no effect, I believe that our Government throughout the Punjab—and therefore, by HON. BILL RICHARDSON should break off all diplomatic ties with extension, families in this country—have India. Perhaps the ‘‘curry club’’ lunches be- seen their members disappear. Justice does OF NEW MEXICO tween hon. Members in the House and the not ensue. IN THE HOUSE OF REPRESENTATIVES people who represent the Indian Government Mr. Deputy Speaker: Order. Let us have a Friday, July 28, 1995 should also come to an end. There can be no little order here. First, I hope that the hon. appeasement of a Government who treat one Member for Gravesham (Mr. Arnold) has the Mr. RICHARDSON. Mr. Speaker, it is of of their ethnic minority groups in that way. Minister’s permission too. This is not some- great concern to me and other colleagues of July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1545 mine who represent poor, rural, or undevel- would simply be a native American community consideration the bill (H.R. 2099) making ap- oped communities that, H.R. 2099, the fiscal development financial institution which first; propriations for the Departments of Veter- year 1996 VA, HUD appropriation bill contains demonstrates a special interest and expertise ans Affairs and Housing and Urban Develop- ment agencies, boards, commissions, cor- zero funding for the community development in serving the primary development and mort- porations, and offices for the fiscal year end- financial institutions fund. The CDFI fund was gage lending needs of the native American ing September 30, 1996, and for other pur- established after President Clinton signed into community it serves; and second; dem- poses: law the Community Development Banking and onstrates it has the endorsement of that native Ms. PELOSI. Mr. Chairman, I rise to oppose Regulatory Improvement Act of 1994ÐPublic American community. As long as the NAFI the provisions in this VA±HUD appropriations Law 103±325. The Congress enacted this has that specific focus, it may be any type of bill which decrease the funding levels for the landmark, bipartisan initiative by unanimous financial institution, including a community Environmental Protection Agency. These pro- vote in the Senate and a lopsided 410-to-12 bank, a savings bank, a mortgage company, visions not only severely limit the agency's vote in the House last year. The CDFI fund is or a credit union. ability to protect our lands, air, and water; they designed to combine innovative approaches to Without any funding for the CDFI fund for also continue the full-scale assault on the en- community lending, advocated by both Demo- fiscal year 1996, native American financial in- vironment that began on the first day of the cratic and Republican Members of Congress, stitutions cannot receive infusion of Federal 104th Congress. into a comprehensive strategy to empower funding to be matched dollar for dollar by local Mr. Chairman, this bill's funding cuts directly local communities and increase their access to funds raised by the NAFI. Native American threaten the quality of America's air and water, credit and investment capital. No other Fed- communities desperately need this type of the safety of America's food supply, and the eral program provides the capital support that Federal-local partnership effort to generate health of all Americans. This bill would prohibit is so critically needed to increase the leverage capital in their communities for housing, infra- the EPA from enforcing or implementing most and capacity of community development finan- structure, and economic development pur- Clean Water Act programs; end protection for cial institutions, or to provide incentives for tra- poses. wetlands; prohibit many EPA actions with re- ditional banks and thrifts to enhance commu- Native American people endure substandard spect with enforcement of the Clean Air Act; nity lending and investment activities. conditions unmatched by any other population and prohibit the EPA from preventing the use Yet, the House Appropriations Committee group in the United States: 56 percent of na- of certain cancer causing pesticides on crops, recommends eliminating fiscal year 1996 fund- tive families live in substandard housing, com- even if residues from these crops end up in ing for the CDFI fund. That recommendation is pared to the national average of 3 percent for processed foods. particularly appalling after the Congress and non-native families; 28 percent of native The bill's spending cuts would also freeze the Clinton administration worked out a com- households are overcrowded or lack plumbing all future cleanups of Superfund sitesÐregard- promise on the fiscal year 1995 rescission or kitchen facilities, compared to the average less of the health and environmental risks package that provides $50 million for the CDFI of all U.S. households which is 5.4 percent; posed by a site. fund and consolidates the fund into the Treas- 51.4 percent of native Americans on reserva- While there is agreement that some reforms ury Department to streamline and reduce ad- tions, trust land, or allotted lands own their are necessary to make these Federal pro- ministrative costs of the program. own home without a mortgage. grams more responsive, the spending cuts in It is incredible to me that partisan politics The unemployment rate for native Ameri- this bill are nothing more than a blatant at- reemerges suddenly to eliminate fiscal year cans generally is 14 percent versus the na- tempt to undermine the effectiveness of the 1996 funding for what is really a Republican- tional average of 6 percent, and in many re- EPA and to permanently cripple our Nation's type initiativeÐa program with limited Federal mote reservations, the unemployment rate is environmental laws. funding that leverages private funds to galva- double or triple those rates; 31 percent of na- Poll after poll have indicated that the Amer- nize self-help efforts at community and eco- tive Americans live below the poverty level as ican people favor strong environmental laws. nomic development. opposed to the national poverty rate of about We should not be willing to sacrifice the health What is particularly sad to me is that, by 13 percent. A staggering 51 percent of native and safety of our constituents on the altar of eliminating funding for the CDFI fund, the Americans living on reservations have in- regulatory reform. For the families, children, House would dash the hopes of hundreds of comes below the poverty level. and citizens of America, I urge my colleagues native American communities across the coun- Only a handful of financial institutions are to restore full funding for the EPA. try which looked to the CDFI fund as a way to native-owned, and very few non-native lenders f stimulate public and private investment in na- invest in native communities. tive American communities for the first time DR. GEORGE WASHINGTON CRANE It is my fervent hope that the Senate Appro- III ever. The CDFI fund is the underpinnings for priations Committee will act more wisely and another landmark and very innovative pro- appropriate urgently needed dollars to the posal which I introduced last year as H.R. CDFI fund for fiscal year 1996. Even with a HON. PHILIP M. CRANE 5277, the Native American Financial Services limited Federal financial contribution to the OF ILLINOIS Organization Act of 1994. What we call the fund, so many more investment dollars will be IN THE HOUSE OF REPRESENTATIVES NAFSO proposal emanated from rec- generated to help communities across the Friday, July 28, 1995 ommendations for the congressionally char- country, particularly native communities that Mr. CRANE. Mr. Speaker, last week my fa- tered Commission on American Indian, Alaska currently have little or no access to financing ther, who celebrated his 94th birthday last Native, and Native Hawaiian Housing to create for housing, infrastructure or economic devel- April, passed away in his sleep. Mercifully, he a national native American financing organiza- opment activities. The Senate should make a did not undergo the pain and suffering at the tion to address the urgent housing and infra- healthy deposit into the CDFI fund for fiscal end that so many go through before shuffling structure needs of native communities across year 1996 and I will work to persuade the off this mortal coil. the community. Through a broad-based na- House Appropriators to accept such a Senate I missed 2 days of legislative business to at- tional and tribal effort, the proposal evolved recommendation in conference. tend his funeral which filled me with mixed into a broader plan addressing housing, infra- f emotions. The first, of course, was sadness structure and economic development needs in over losing my father, who was an idol to all native communities. DEPARTMENTS OF VETERANS AF- of us kids in the family. But I take comfort in The NAFSO proposal is a two-tier approach FAIRS AND HOUSING AND URBAN the conviction that we will all be reunited in designed to dovetail into the CDFI fund. At the DEVELOPMENT, AND INDEPEND- time and that a lifetime is but a wink of the national level, the NAFSO would serve pri- ENT AGENCIES APPROPRIATIONS eye in eternity. marily as a technical assistance provider and ACT, 1996 The second emotion I experienced was joy conduit for CDFI fund assistance to a second over the opportunity to visit with family, rel- tier of primary lender institutions called Native SPEECH OF atives, and friends, many of whom I had not American Financial Institutions, NAFI's. With HON. NANCY PELOSI seen personally in years. It was a touching the infusion of Federal funding through the OF CALIFORNIA family reunion. And I'm convinced my father CDFI fund, NAFI's could develop in native IN THE HOUSE OF REPRESENTATIVES was experiencing joy in heaven through a communities around the country to make family reunion there with all who preceded loans for home mortgages, infrastructure con- Thursday, July 27, 1995 him. struction and/or improvements, small business The House in Committee of the Whole The eulogy for my father was delivered by development, and consumer loans. A NAFI House on the State of the Union had under Dr. E. Duane Hulse, who married a close E 1546 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 cousin of mine when I was in high school. Dr. II tree—the tuition money for the next semes- Hulse is a retired Methodist pastor. Ironically, Secondly, he kept faith with his children ter, a check signed by George and Cora. We couldn’t have made it otherwise. he delivered the eulogy 39 years ago for my When parents bring children into the Okan Esset reads a Crane column in Africa older brother, George IV, a marine pilot who world, that too, is a venture of faith. They on a piece of newspaper used for packing, was killed in a mid-air at Glenview, IL. cannot know whether they will bring honor writes to Dr. Crane for help, and then comes I would like to share with colleagues and or shame to the family. The parents venture to the U.S.A. to complete his Medical Train- friends the eulogy Dr. Hulse delivered. And I on faith. ing—those checks kept coming. would like to express to colleagues and On the other hand, the children cannot For years it was well known that any know whether the parents will keep the faith money raised for the church Youth Camp friends deep appreciation for their thoughtful with them. They may disappoint them or words of condolence. Scholarships would be matched by the forsake them. Cranes. MEMORIAL SERVICE FOR DR. GEORGE W. The poet Gillilan said of this father: This man also had a way with the English CRANE He was my own until I fully knew language. He had a way with words. His vo- (By Dr. E. Duane Hulse) And never could forget how deep and true cabulary was fabulous. We all enjoyed his Today we honor a faithful husband, a lov- A father’s love for his own son may be. table talk. Listening was like taking a ing father, a doting grandfather, and an ex- It drew me nearer God Himself, for He course in elocution. He had many memorable ceptionally talented applied psychologist Has loved His son. These are but grateful phrases: ‘‘it takes a live wire in the pulpit to and physician, and one of the finest expo- tears electrify a congregation. A physician should nents of the basic tenets of Christianity I That he was with me all those happy years. explain his medicine. I want to feel impor- have ever known. Dr. George’s faith in his progeny never tant.’’ Remember: ‘‘A person’s interest in He was adviser to millions of Americans, wavered and they never failed him. They anything is in inverse proportion to its dis- who eagerly grabbed their newspapers with never forsook his teachings. He taught them tance from his own epidermis.’’ He could look at any complex inter- their morning coffee to dote on his every the virtues of life by precept and example. personal situation, analyze it, and come up word. He was called by Reader’s Digest, ‘‘the He taught them fortitude by taking moving with a diagnosis that would turn your think- maker of happy marriages.’’ pictures of them when he gave them their ing 180 degrees. Pearl and I share with the other members shots, so they would look brave when they of the Crane family, this great personal loss. I remember visiting Sun City, Florida with were shown at the next family gathering. Dr. George, when he was campaigning for For this dear man had more influence on our Then these inventive young rascals turned lives than any other single individual in this Phil. At that time, I had envisioned Sun City the tables on their father by insisting they as the ideal retirement situation, with swim- world. give him a shot with the needle, so he could The scriptural words which seem appro- ming pools, golf courses, wood working show his bravery on camera. And these dear priate today are those of another Christian shops, art courses, etc. Dr. George spent a children have been honoring him with their veteran, who came to the close of his life and short time with these retired executives and lives ever since. said, ‘‘The time of my departure has come, I their wives. On the way back, he said to me, have fought the fight * * *, I have finished III ‘‘What a waste of trained brains.’’ ‘‘What did the race, I have kept the faith.’’ (II Timothy Thirdly, he kept faith with his country you say, George?’’ I asked. ‘‘What a waste of trained brains.’’ 4:6–8) He volunteered to serve his country in the He was right! Why should a retired execu- Yes, this modern Sunday School teacher, armed services in World War II, but he was tive spend his later years building wind mills who rarely missed church in his life time, advised he could do more good as an editorial and bird feeders, when he could be helping kept the faith admirably like the Apostle writer. That he did. some young business person by sharing his Paul, who travelled hither and yon about the In my humble opinion, he was the greatest expertise with SCORE, or some similar orga- Mediterranean world. single psychological motivator in this cen- nization. People today are like Paul. They are on tury. All over the United States, Americans the move. We are a mobile population. The Retirement was one word missing from his looked to his newspaper columns for advice vocabulary. It was not psychologically ac- Crane family used to move almost every on now to solve the problems of every day weekend and all summer from 7457 Coles ceptable to him. living. George started life with a God fearing Ave., Chicago (the relative’s Motel) to the He was praised highly, but sometimes he Coach in Hillsboro. We are still a mobile so- mother and he followed her example reli- was disbelieved, for he was 50 years ahead of giously. When he returned from Church and ciety. his time in his thinking. Consider this, thir- Also, we change physically with these Sunday School, he was quizzed by his Bib- ty years ago he actually advocated running moves, with every cell in our body changing lically literate mother on the day’s lesson. Clark Gable as a candidate for Vice Presi- every 7 years. This arm I have here is not the His interest in Scriptural characters was dent. First: he claimed the party would get a same one I had 7 years ago. I know it’s not fired up early in life, and he continued in million dollars worth of free publicity. Sec- as good on the tennis court as it was 7 years that bent all his life. ondly: the party would get a majority of the ago. Yes, he kept the faith until the end. It was female votes. But, who ever heard of running We change socially and spiritually as well. a realization that a greater power was be- a movie star for a national office? I rest his So, we might well ask, ‘‘What are you keep- hind his life that gave him courage, that case. ing?’’ Like the Apostle Paul, Dr. George kept a song in his heart, a light in his eyes, I know, those of us who loved him some- Crane was exemplary in Keeping and Pro- and made him expendable for the kingdom of times called him affectionately ‘‘old sea mulgating the Christian gospel. God. salt’’, but today in Florida, I often run my That was the great conviction that kept I boat out into the gulf to satisfy my friends him going for 94 years, but his great humani- First, he was brought up in the faith requests for sea water so they get their daily tarian life is not over. His influence will last He went to church and Sunday School trace minerals. for many years to come, through his writing every Sunday, whether he wanted to or not. IV and those lives he has touched. His mother, Jen, saw to that. It was not a de- Dr. George loved family reunions. He Fourthly, he kept faith with his Lord and the batable issue. He read his Bible repeatedly, gloried in them. He loved socializing, verbal- United Methodist Church learned it well, and applied it’s teachings all izing compliments, eating home cooked food, his life. Methodist born and Methodist bred, he and telling anecdotes. So, let me tell you He kept faith with his wife, Cora. They stayed a Methodist all his life. He spent over something which I firmly believe. met at Epworth League meetings. It was 30 years teaching the Arthur Dixon Bible There is a great reunion taking place their common faith that first drew them to- Class at the Chicago Methodist Temple. He today in heaven. Cora Ellen and George IV gether. filled pulpits all across America. are waiting at heaven’s gate to welcome Dr. George never made a major decision in He was ever the minister’s friend. To a home the great applied psychologist. his adult life without consulting Cora first. minister who was disheartened and dis- Aunt Bess has been cooking for hours in Sometimes it was just a glance. Other times appointed in his career, he brought new anticipation of his arrival. I can smell the it was a long conversation late at night, on hope. ‘‘If you will follow my anecdotal for- fried chicken in the old black cast iron skil- the way back from making a speech in an- mula, following the example of Jesus, and let. In the oven is her famous, made from other state. Cora was his constant compan- use three illustrations, name three parish- scratch, chocolate cake with carmel icing. ion on his speaking tours. They loved each ioners in each sermon, I will guarantee that No one has been able to match it since she other, they counselled each other. It was in- you will be asked to return and get a salary died. I can still taste it. deed a marriage made in heaven. raise next year.’’ To the surprise of the Jamie is dancing with joy, Uncle George Dr. George and Cora were our earliest role neophite theologs, it happened just that way. has been out all morning gathering sponge models. We idolized them and tried to pat- His charity was mostly unknown, but be- mushrooms on cloud nine, Uncle Vick is la- tern our lives after them. We often sought lieve me, not unappreciated. Every Christ- boring over the treasurer’s book wondering if their advice around the long table with the mas, while Pearl and I were struggling to get they are spending too much of the Lord’s checkered table cloth, as we shared a ‘‘little through Seminary, that familiar envelope money on this homecoming and Aunt Jen is caffeine stimulation’’. arrived and was pinned on our Christmas orchestrating the whole affair. July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1547 I almost wish I were there, but I can wait the added sale of millions of dollars of United IN MEMORY OF DEPUTY SHERIFF my turn. I can wait, because there is some- States meats and other food products to JEFFERY ALLAN HILL thing I know for sure. I want to share it with Korea. This improved trading relationship is you today: The Christian never says ‘‘good bye’’ for appropriate to the strong friendship between HON. GEORGE E. BROWN the last time. I believe this is the most our two countries. OF CALIFORNIA I wish to commend the negotiators of this meaningful and heart warming thought I can IN THE HOUSE OF REPRESENTATIVES leave with you today. new agreementÐthe U.S. Trade Representa- I know it is a sad day for all of us. tive, the U.S. Department of Agriculture, and Friday, July 28, 1995 Yes, I remember when we said, ‘‘So Long President Kim's team. The documents were Mr. BROWN of California. Mr. Speaker, I George IV’’. signed in a formal ceremony in Ambassador rise today to pay tribute to the memory of So today, we say ‘‘So Long Dr. George’’. Kantor's office last Thursday. Two long-stand- But, my Christian friends, ‘‘The chariot’s Deputy Sheriff Jeffery Allan Hill who founded a’commin’ ’’. ing trade issues regarding Korea's shelf-life the SELF Youth Center [Self-Education Law So, no last ‘‘good byes’’, not for Christians. polices are now resolved. Enforcement Family]. As Lowell Thomas used to say, ‘‘So long This is an important breakthrough. Through On December 18, 1994, while driving to until tomorrow.’’ long and sometimes frustrating trade negotia- work, Jeff Hill's 32 years on this Earth ended. f tions between our governments, Korea has He was the victim of a head-on collision with grown to a $2.5 billion market for United a drunk driver. TRIBUTE TO DOUG BANKS AND States agriculture. Deputy Hill understood that crime prevention WGCI–AM/FM RADIO FOR ILLI- Korea is now the United States' fourth larg- starts by addressing social and economic NOIS’ FIRST CONGRESSIONAL est agricultural market, after Japan, Canada, problems, and developing the moral character DISTRICT and Mexico. Feedgrains, cotton, and cattle of youth. He developed a unique program to hides are our major exports, and U.S. red help African-American boys become important HON. BOBBY L. RUSH meats are growing in importance. American contributors and role models in their commu- OF ILLINOIS value-added, consumer-oriented food exports nities. Subsequently, he created the nonprofit IN THE HOUSE OF REPRESENTATIVES to Korea increased by 36 percent in the first SELF organization. half of 1995. Total United States agricultural Friday, July 28, 1995 The SELF program is a rite of passage for sales to Korea are headed for a new record. African-American boys that focuses on pre- Mr. RUSH. Mr. Speaker, I rise today to ap- Korea is now our No. 3 market for American vention, intervention, and redirection of unac- plaud the efforts of Chicago radio personality red meat with purchases of $254 million last ceptable behaviors. The goal is to prepare Af- Doug Banks and WGCI AM and FM radio for year. The U.S. meat industry estimates that rican-American boys to become responsible their efforts in conducting the ``Beat the Heat'' this agreement will add $240 million in sales program on July 22 to aid those residents in in the first year, and add $1 billion annually by men. The rite of passage is a 22-week program need of relief from the scorching summer the year 1999. The agreement will also benefit heat. many other types of food products and allow conducted by African-American law enforce- As many of you know, much of our country growth to accelerate. ment officers. The program theory is based on has been gripped in record breaking heat for This agreement resolves both the section Dr. Maulana Karenga's Kawaida theory utiliz- the past 2 weeks. The Chicago area was hit 301 investigation and the standards case ing the seven principles of the Nguzo Saba. the hardest two weekend's ago with the heat brought to the World Trade Organization First, Umoja (Unity). claiming at least 529 lives. Most of those who against Korea's shelf-life policy. Korea will Second, Kujichagulia (Self determination). died as a result of the heat were the young now accept manufacturers' ``Use by . . . date'' Third, Ujima (Collective work and respon- and the elderly, many of whom could not af- for labels and will allow an adequate shelf-life sibility). ford to purchase fans or air-conditioners or to enable the United States to ship and market Fourth, Ujamaa (Cooperative economics). Fifth, Kuumba (Creativity). who had no electricity. products profitably. The agreement includes Last Saturday Doug Banks and WGCI radio chilled beef and pork, as well as all frozen Seventh, Imani (Faith). in Chicago held a ``Beat the Heat'' campaign foods including processed meat and poultry SELF is nationally recognized and adopted at Operation PUSH headquarters in my district products. by the National Black Police AssociationÐ to encourage businesses and citizens to do- Our trade dispute resolution mechanisms western region. Jeff developed the idea of the nate fans and air-conditioners to be distributed are working. This was the first standards case SELF program in 1990, and the first SELF to those residents who needed them most. Mr. brought by the United States to the new World class began in January 1993. Since then 150 Banks' efforts were of tremendous success in Trade Organization [WTO] dispute settlement African-American male youths aged 8 to 14 helping those who needed relief the most. panel. Korea also has agreed to work to re- have completed the program that now exists I ask my colleagues to join me in thanking solve a second WTO case against its unscien- throughout California and Arizona. Mr. Banks, WGCI radio, Operation PUSH, and tific residue testing and import inspection pro- Although he is no longer with us physically, all the businesses and volunteers who made cedures affecting grapefruit and other food Deputy Hill's fervor and dedication to youth the selfless effort to help others beat the heat products. continues. His legacy of the SELF program and in the process save lives. Beef and pork are currently sold in Korea will serve youth for many years to come. I am pleased to enter these words of com- under quotas negotiated in previous United f States-Korea beef agreements and scheduled mendation into the RECORD. CELEBRATION OF THE PERUVIAN f for phase-out in the Uruguay Round Agree- ment. The last year of quotas will be the year INDEPENDENCE DAY A GOOD DEAL FOR UNITED 2000. The United States is very competitive in STATES MEAT SALES TO KOREA the Korean market with Australia and New HON. WILLIAM J. MARTINI Zealand for beef and with Europe for pork. OF NEW JERSEY HON. E de la GARZA United States market share in Korea in now IN THE HOUSE OF REPRESENTATIVES OF TEXAS 58 percent for beef and 50 percent for pork. USDA export promotion funding through the Friday, July 28, 1995 IN THE HOUSE OF REPRESENTATIVES Foreign Market Development ProgramÐco- Mr. MARTINI. Mr. Speaker, I rise today in Friday, July 28, 1995 operator programÐand the Market Promotion celebration of the Peruvian Independence Day Mr. DE LA GARZA. Mr. Speaker, it was a Program [MPP] have been critical to develop- Parade. As the grandson of immigrants, I am pleasure to welcome President Kim Yong-Sam ing the Korean market for United States meat. honored to be the International Godfather of of Korea to this Chamber, particularly as we The supermarket taste tests, restaurant pro- this illustrious parade. observe the 50th anniversary of the end to the motions, and industry trade teams sponsored The Peruvian community has every reason war in Korea. through partnership with USDA serve to intro- to celebrate their notable accomplishments. I am also very pleased that Korea, our good duce American beef, pork, and poultry to Ko- Their citizens are some of the most productive friend and ally, has just agreed to significant rean consumers and wholesalers. These pro- and valued members of the Eighth Congres- trade liberalization that will benefit both of our grams will be critical in the months ahead to sional District of New Jersey. In fact, they countries. helping U.S. companies to capitalize on the boast the most educated second generation On July 20, our two governments an- new trade opportunities and compete with for- Peruvian-Americans ever in the United States. nounced new import policies that will allow for eign competition. In colleges and universities across America, E 1548 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 Peruvian-Americans graduate every year with any other were the changes Congress en- tests introduced in the original REIT legisla- degrees in law, medicine, engineering, and ac- acted in 1986 to the REIT rules themselves tion. counting. and the tax landscape in general. With respect SUMMARY OF KEY PROVISIONS The Peruvian-Americans have been so suc- to the general provisions, throughout the A. Title I contains three proposals to re- cessful in their educational endeavors be- 1980's limited partnerships used the offer of move unnecessary ‘‘traps for the unwary.’’ cause they believe in hard work, sometimes multiple dollars of tax paper losses for each These proposals would address current re- attending classes at night while working full invested dollar to attract investors away from quirements that are not necessary to satisfy time during the day. In fact, the number of Pe- solid investments like REITs, which seek to Congressional objectives, that carry a dis- proportionate penalty for even unintentional ruvians on the rolls of social services is almost provide investors with consistent distributions oversights, or that are impracticable in to- nonexistent. They have demonstrated that a from economically feasible real estate invest- day’s environment. Title I’s overriding in- fair chance to prove their value coupled with ments but provide no opportunity to receive a tention is not to penalize a REIT’s many the dedication to hard work are the ingredients pass-through of tax motivated losses. Accord- small investors by stripping the REIT of its to a prosperous life. ingly, the elimination of those tax loss loop- tax status as a result of an act that does not Furthermore, the Peruvians believe dedica- holes led investors to look for income-produc- violate Congress’ underlying intent in creat- tion to the family is the essential element in ing investment opportunities. ing the REIT vehicle. building strong community relationships where Section 101. Shareholder Demand Letter. Also included in the 1986 tax legislation The potential disqualification for a REIT’s parents can care for their children and ensure were important modifications to the REIT pro- failure to send shareholder demand letters that they have the best opportunities available visions of the Code. Among the changes should be replaced with a reporting penalty. to advance in life. For instance, when faced made as part of that modernization of the Under present law, regulations require that a with financial difficulties Peruvian-Americans REIT tax laws, the first in a decade and most REIT send letters to certain shareholders have displayed their self reliance. Instead of recent comprehensive revision of the REIT within 30 days of the close of the REIT’s tax- turning to the Federal Government, the Peru- laws, the most significant was the change al- able year. The letters demand from its share- holders of record, a written statement iden- vians have established a network of commu- lowing REIT's to directly provide to tenants nity organizations including volunteers, civic tifying the ‘‘actual owner’’ of the stock. A those services customary in the leasing of real REIT’s failure to comply with the notifica- associations, and churches which offer medi- estate as had been permitted to pension plans tion requirement may result in a loss of cal care and other forms of assistance to the and other tax-exempt entities engaged in the REIT status. residents. They provide the strength, reassur- leasing of real property. Prior to that change, The failure to send-so-called demand let- ance, and tangible advantages that are nec- a REIT was required to use an independent ters may result in the disqualification of a essary to succeed. In short, it is the commu- contractor to provide those services. REIT with thousands of shareholders that nity where Peruvians go when in need of as- easily satisfies the substantive test because These legislative changes and the lack of of a purely technical violation. As a result of sistance. credit to recapitalize America's real estate pro- Finally, Mr. Speaker, the success of the Pe- disqualification, a REIT would be compelled duced a suitable environment for the substan- to pay taxes for all open years, thereby de- ruvian community has had a positive impact tial growth in the REIT industry and the fulfill- priving their shareholders of income gen- on the lives of the people of my congressional ment of Congress' original hopes for the REIT erated in compliance with all of the REIT district. They provide brilliant examples of the vehicle. rules. Fortunately, the Internal Revenue same values that propelled my parentsÐand Service has not enforced any such technical From 1990 to present, the industry has millions of other immigrantsÐto succeed in disqualifications and instead has entered grown from a market capitalization of approxi- America. I believe it is all of these qualities into closing agreements with several REITs. mately $9 billion to nearly $50 billion. Fueling that make the Peruvian community such an The proposal would alleviate the need to that growth has been the introduction of some asset to the people I represent. I am proud to enter into such closing agreements on a pro- of America's leading real estate companies to spective basis. join them on this day of celebration. the family of long existing, viable REIT's. As a H.R. 2121 provides that a REIT’s failure to f result, the majority of today's REIT's are own- comply with the demand letter regulations ers of quality, income-producing real estate. would not, by itself, disqualify a REIT if it THE REAL ESTATE INVESTMENT otherwise establishes that it satisfies the TRUST SIMPLIFICATION ACT OF Thus, hundreds of thousands of individuals substantive ownership rules. But under these 1995 that own REIT shares through direct invest- circumstances, a $25,000 penalty ($50,000 for ment, plus the many more who are interest intentional violations) would be imposed for holders in the growing number of mutual funds any year in which the REIT did not comply HON. E. CLAY SHAW, JR. or pension funds investing in REIT's, have be- with the shareholder demand regulations and OF FLORIDA come participants in the recapitalization of the REIT would be required, when requested IN THE HOUSE OF REPRESENTATIVES tens of billions of dollars of America's best real by the IRS, to send curative demand letters Friday, July 28, 1995 estate investments. Likewise, investors in or face an additional penalty equal to the amounts related above. In addition, to pro- Mr. SHAW. Mr. Speaker, I rise today to mortgage REIT's have the opportunity to par- tect a REIT that meets the regulations, but draw my colleagues' attention to an important ticipate in the ever growing market for is otherwise unable to discover the actual piece of legislation, H.R. 2121, the Real Es- securitized mortgages, further contributing to ownership of its shares, the bill provides that tate Investment Trust Simplification Act of the recapitalization of quality real estate. a REIT would be deemed to satisfy the share 1995 [REITSA], a bill to amend portions of the The benefits of the growth in the REIT in- ownership rules if it complies with the de- mand letter regulations and does not know, Internal Revenue Code dealing with real es- dustry were addressed in a recent Urban Land Institute White Paper titled ``The REIT Renais- or have reason to know, of an actual viola- tate investment trusts, or REIT's. The legisla- tion of the ownership rules. tion responds to the need for simplification in sance.'' That white paper concluded that Section 102. De Minimus Rule for Tenant the regulation of the day-to-day operation of ``[f]rom an overall economic standpoint, the Services Income. The uncertainty related to REIT's. REITSA is cosponsored by Mr. MAT- real estate industry and the economy should qualifying services for a REIT should be ad- SUI, Mr. CRANE, Mr. THOMAS, Mrs. JOHNSON, of be well served by the expansion of the REIT dressed by a reasonable de minimum test. In Connecticut, Mr. ZIMMER, Mr. PORTMAN, Mr. industryÐthe broadening of participation in 1986, Congress modernized the REITs’ inde- pendent contractor rules to allow them to di- STARK, Mr. JACOBS, Mr. LEVIN, Mr. CARDIN, Mr. real estate ownership, the investment in mar- ket information and research that the public rectly furnish to tenants those services cus- DUNN, and Mr. SAM JOHNSON of Texas. tomary in the management of rental prop- In 1960, Congress created REIT's to func- market will bring, and the more timely respon- erty. However, certain problems persist. tion as the real estate equivalent of the regu- siveness to market signals that will result from Under existing law, a REIT’s receipt of any lated investment company, or mutual fund. As better information and market analysis.'' amount of revenue as a result of providing such, they permit small investors to participate To assist the continued growth of this impor- an impermissible service to tenants with re- in real estate projects that the investors could tant industry, was developed to address areas spect to a property may disqualify all rents not undertake individually and with the assist- in the existing tax regime that present signifi- received with respect to that property. For ance of experienced management. Over time, cant, yet unnecessary, barriers to the use of example, if a REIT’s employee assists a ten- ant in moving in or out of an apartment the REIT industry has matured into its in- the REIT vehicle. The proposals represent a complex (a potentially impermissible serv- tended role with the greatest stride made in modernization of the most complex parts of ice), technically the IRS could contend that this decade. the regulatory structure under which REIT's all the income from the apartment complex This development of the REIT industry is a operate, while leaving intact the basic underly- is disqualified, even though the REIT re- result of a number of factors. As important as ing ownership, income, asset, and distribution ceived no direct revenue for the provided July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1549 service. Similar concerns might arise if a a REIT does not receive rents from a 10 per- curring costly charges associated with a REIT provided wheelchairs at a mall on a no- cent or more related party, in which case the stock offering or debt. cost basis. The disqualifications of a large rents are deemed disqualified income for the Section 202. Repeal of the 30 Percent Gross property’s rent could seriously threaten, or REIT gross income tests. While the intention Income Requirement. H.R. 2121 calls for the even terminate, the REIT’s qualified status. of that rule is proper, a quirk in the applica- repeal of the 30 percent gross income test be- Interestingly, at the same time a REIT tion of section 318 to REITs as called for cause the effective management of a REIT’s could be severely punished for providing under section 856(d)(2) may result in the dis- portfolio and is not needed to ensure that a services to tenants or their visitors, the qualification of a REIT’s rent when no ac- REIT remains a long-term investor in real REIT rules properly provide that up to 5 per- tual direct or indirect relationship exists be- property. RICs have a similar anti-churning cent of a REIT’s gross income may come tween the REIT and tenant. provision known as the ‘‘short-short’’ rule. from providing services to non-tenants. Under section 318(a)(3)(A), stock owned di- The Tax Simplification and Technical Cor- Thus, under present law a REIT is better off rectly or indirectly, by a partner is consid- rections Act of 1994 (H.R. 3419), as passed by providing services to nontenants than pro- ered owned by the partnership. In addition, the House of Representatives on May 17, 1994, viding the same services to tenants. under section 318(a)(3)(C), a corporation is would have repealed that rule for RICs. In addition to the potential disqualifica- considered as owning stock that is owned, di- Unlike RICs, REITs also face the imposi- tion of rents, the absence of a de minimus rectly or indirectly, by or for a person who tion of a 100 percent tax on property held for rule requires the REIT to spend significant also owns more than 10 percent (in the case sale in the ordinary course of business (deal- time and energy in monitoring every action of REITs) of the stock in such corporation. er property). Thus, repeal of the REIT 30 per- of its employees, and significant dollars in Those attribution rules may create an unin- cent test would not open the playing field for attorney fees to determine whether each po- tended result when several persons who col- REITs to become speculators in real prop- tential action is an impermissible service. lectively own 10 percent of a REIT’s tenant, erty. Instead, the repeal helps to ensure that The uncertainty regarding the permissibility also own collectively 10 percent of the REIT. a REIT will not lose its status if a REIT sells of services also requires that the IRS to ex- So long as those persons are unrelated, be- non-dealer property when market conditions pend considerable resources in responding to cause their individual interests in both the are most favorable. private ruling requests. REIT and tenant do not equal 10 percent the To lessen the burden of monitoring each C. Title III of REITSA would simplify sev- REIT is not deemed to own 10 percent of the REIT employee’s every action and to elimi- eral technical problems that REITs face in tenant. However, if those persons obtain in- nate unnecessary disqualification of tenant their organization and day-to-day oper- terests, regardless of how small, in the same rents, this bill provides for a de minimum ations. Many of these proposals would build partnership the REIT will be deemed to own exception. The exception would treat small on simplifications that Congress has adopted 10 percent of the tenant. This results from amounts of revenue resulting from an imper- over the years. the partnership’s deemed ownership of the missible service in a manner similar to reve- Section 301. Modification Of Earnings And partners’ stock in both tenant and the REIT. nue received from providing services to non- Profits Rules For Determining Whether Further, because the partnership becomes a tenants, and protect the classification of REIT Has Earnings And Profits From Non- deemed 10 percent owner of the REIT under rents from the affected property as qualify- REIT Year. Only for purposes of the require- section 318(a)(3)(A), REIT is deemed the 10 ing REIT income. The de minimus exception ment that a REIT distribute all pre-REIT percent owner of tenant under section is equal to 1 percent of the gross income earnings and profits (‘‘E&P’’) within its first 318(a)(3)(C). from the affected property. The de minimus taxable year as a REIT, a REIT’s distribu- In essence, the REIT becomes the deemed exception is based on gross income to be con- tions should be deemed to carry out all pre- 10 percent owner of its tenant as a result of sistent with the REIT’s income tests, and is REIT earnings before shareholders are con- a variation of the partner-to-partner attribu- set at 1 percent to reflect an amount large sidered to be receiving REIT E&P. Under ex- tion that section 318(a)(5)(C) specifically was enough to provide the requisite safe harbor isting law, a REIT must not only distribute enacted to prevent. It is only through the (note that it is 1 percent of the income from 95 percent of its REIT taxable income to combination of the partners’ various inter- an affected property, regardless how small, shareholders but it must in its first year dis- ests in the REIT and tenant that a disquali- and not all properties owned by the REIT), tribute all pre-REIT year E&P. If the com- fication of the rents occurs. This is true re- yet small enough not to encourage disregard pany mistakenly underestimates the amount gardless of the purpose for the partnership’s of the independent contractor rule. Because of E&P generated while operating as a REIT existence. The partners may have no knowl- many of the services in question will not re- it may fail to satisfy those requirements be- edge of the other’s existence and may be sult in a direct receipt of gross income, the cause the ordering rules controlling the dis- partners in a huge limited partnership com- bill provides a mechanism for establishing tribution of E&P currently provide that dis- pletely unrelated to the REIT. the gross income received relative to an im- tributions first carry out the most recently permissible service. The gross income is H.R. 2121 addresses this problem by modi- accumulated E&P. Thus, if a REIT distrib- deemed at least equal to the direct costs of fying the application of section 318(a)(3)(A) utes the pre-REIT E&P and the expected the service (i.e. labor, cost of goods) multi- (attribution to the partnership) only for pur- REIT E&P in its first REIT taxable year, the plied by 150 percent. poses of section 856(d)(2), so that attribution year-end receipt of any unanticipated in- For example, in the case of a REIT provid- would occur only when a partner holds a 25 come would result in the reclassification of a ing wheelchairs at a mall, the cost of the percent or greater interest in the partner- portion of the distribution intended to pass wheelchairs would be multiplied by 150 per- ship. This threshold presumes that such a out the pre-REIT E&P. cent to achieve the gross income realized partner will have knowledge of the other per- While REITs have methods available to from the impermissible service. If that and sons holding interest in the partnership, and make distributions after the close of their any other gross income related to impermis- will have an opportunity to determine if taxable year that relate back to assure satis- sible services provided to tenants of that those persons hold an interest in the REIT. faction of the 95 percent income distribution mall does not exceed 1 percent of the malls By not suspending the double attribution en- requirement, those methods can not be used gross income for the year, the impermissible tirely, the bill prevents the potentially abu- to cure a failure to distribute pre-REIT E&P service income would be classified as non- sive practice of placing a ‘‘dummy’’ partner- after the close of the REIT’s taxable year. qualifying income. However, rents received ship between the REIT and those persons Accordingly, by allowing the REIT’s dis- from tenants of the mall would not be dis- holding interests in the tenant. tributions to first carry out the pre-REIT qualified. B. Title II of REITSA contains two propos- E&P, the REIT could satisfy both distribu- A REIT’s actions are still policed under als that would assist in carrying out Con- tion requirements by using one of the de- this change. First, if a REIT’s gross income gress’ original intent to create a real estate ferred distribution methods to distributed from impermissible services exceed 1 percent vehicle analogous to regulated investment the unanticipated income discussed in the of the gross income from the affected prop- companies. example. erty, that income and the rents from that Section 201. Credit For Tax Paid by REIT Section 302. Treatment Of Foreclosure property would be disqualified as under cur- On Retained Capital Gains. Current law Property. Rules related to foreclosure prop- rent law. Second, as previously noted, a taxes a REIT that retains capital gains, and erty should be modernized. For property ac- REIT’s gross income from non-qualifying imposes a second level of tax on the REIT quired through foreclosure on a loan or de- sources is limited to 5 percent of total gross shareholders when later they receive the fault on a lease, under present law a REIT income. Accordingly, gross income from im- capital gain distribution. REITSA reform can elect foreclosure property treatment. permissible sources that does not exceed the provides for the REIT rules to be modified to That election provides the REIT with 3 spe- 1 percent threshold would be included in that correspond with the mutual fund rules gov- cial conditions to assist it in taking over the small basket, thereby placing a second check erning the taxation of retained capital gains property and seeking its re-leasing or sale. on the REIT’s activities. by passing through a credit to shareholders First, a REIT is permitted to conduct a trade Section 103. Attribution Rules Applicable for capital gains taxes paid at the corporate or business using property acquired through To Tenant Ownership. Unintended double at- (REIT) level. This modification is necessary foreclosure for 90 days after it acquires such tribution under section 318 should be mini- to prevent the unintended depletion of a property, provided the REIT makes a fore- mized, while preserving the intended purpose REIT’s capital base when it sells property at closure property election. After the 90-day of the attribution rule. The attribution rules a taxable gain. Accordingly, the REIT could period, the REIT must use an independent of section 318 are interjected to ensure that acquire a replacement property without in- contractor to conduct the trade or business E 1550 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 (a party from whom the REIT does not re- In addition, involuntary conversions of prop- and women of our Armed Forces to make tre- ceive income). Second, a REIT may hold erty no longer would count against the per- mendous sacrifices on our behalf. It is critically foreclosure property for resale to customers mitted 7 sales of property under the safe har- important that we repay them for their sacrifice without being subject to the 100 percent pro- bor. hibited transaction tax (although subject to Section 307. Shared Appreciation Mort- and uphold the promises we made to these the highest corporate taxes). Third, non- gages (‘‘SAM’’). In general, section 856(j) pro- veterans to care for them as they grow older. qualifying income from foreclosure property vides that a REIT may receive income based In the context of a $1.6 trillion Federal budg- (from activities conducted by the REIT or on a borrower’s sale of the underlying prop- independent contractor after 90 days) is not erty. However, the character of that income et, the savings gained by this amendment may considered for purposes of the REIT gross in- is determined by the borrower’s actions. The seem small. But they stand for the continued come tests, but generally is subject to the SAM provision would be modified and clari- commitment we have toward caring for our highest corporate tax rate. The foreclosure fied so that a REIT lender would not be pe- veterans. property election is valid for 2 years, but nalized by a borrower’s bankruptcy (an event may be extended for 2 additional terms (a beyond its control) and would clarify that a My colleagues, the DeFazio-Rohrabacher- total of 6 years) with IRS consent. SAM could be based on appreciation in value Stark amendment represents the realization Under H.R. 2121, the election procedure as well as gain. that the cold war has ended and so too the would be modified in the following ways: (1) Section 308. Wholly Owned Subsidiaries. In need for draft registration activities. More im- the initial election and one renewal period 1986, Congress realized the usefulness of a portantly, it signals our continued budgetary would last for 3 years; (2) the initial election REIT holding properties in subsidiaries to would remain effective until the last day of limit its liability exposure. H.R. 2121 would commitment to the medical care account at the third taxable year following the election codify a recent IRS private letter ruling po- the VA and to our veterans. (instead of exactly two years from the date sition providing that a REIT may treat a I urge my colleagues to vote ``Yes'' on this of election; and (3) a one-time election out of wholly-owned subsidiary as a qualified REIT amendment. foreclosure property status would be made subsidiary even if the subsidiary previously available to accommodate situations when a had been owned by a non-REIT entity. For f REIT desires to discontinue foreclosure prop- example, this bill would allow a REIT to erty status. treat a corporation as a qualified REIT sub- TRIBUTE TO MABLE WATKINS- In addition, the independent contractor sidiary when it purchases for cash and/or rule under the election would be modernized stock all the stock of a non-REIT C corpora- CASS so that it worked in the same manner as the tion. general independent contractor rule. Cur- rently a REIT may provide to tenants of f HON. BOBBY L. RUSH non-foreclosure property services customary DEPARTMENTS OF VETERANS AF- OF ILLINOIS in the leasing of real property. However, this FAIRS AND HOUSING AND URBAN previous modernization of the independent contractor rule was not made to the rules DEVELOPMENT, AND INDEPEND- IN THE HOUSE OF REPRESENTATIVES ENT AGENCIES APPROPRIATIONS governing the required use of independent Friday, July 28, 1995 contractors for foreclosure property. ACT, 1996 Section 303. Special Foreclosure Rules For Mr. RUSH. Mr. Speaker, I rise today to pay Health Care Properties. In the case of health SPEECH OF care REITs, H.R. 2121 provides that a REIT tribute to Mrs. Mable Watkins-Cass, who on would not violate the independent contrac- HON. NANCY PELOSI Sunday, June 30, 1995, will celebrate the oc- tor requirement if the REIT receives rents OF CALIFORNIA casion of her 60th birthday. from a lease to that independent contractor IN THE HOUSE OF REPRESENTATIVES Mrs. Cass is a longtime resident of the city as a tenant at a second health care facility. Thursday, July 27, 1995 This change recognizes the limited number of Chicago. Born in Holly Springs, MS to the of health care providers available to serve as The House in Committee of the Whole union of Mr. Windom Jones and the late Mrs. an independent contractor on a property ac- House on the State of the Union had under Ann Speights-Anderson, she came to Chicago quired by the REIT in foreclosure, and the consideration the bill (H.R. 2099) making ap- in her formulative years with her parents. Mrs. REIT’s likely inability to simply close the propriations for the Departments of Veter- Cass is the proud mother of four children and facility due to the nature of the facilities in- ans Affairs and Housing and Urban Develop- habitants. In addition, the health care rules ment, and for sundry independent agencies, the grandmother of five. would extend the foreclosure property rules boards, commissions, corporations, and of- Mrs. Cass attended the Chicago public to expirations or terminations of health care fices for the fiscal year ending September 30, schools where she graduated from the Lucy REIT leases, since similar issues arise in 1996, and for other purposes: Flowers Vocational High School. Additionally, those circumstances. Ms. PELOSI. Mr. Chairman, I rise today in Section 304. Payments Under Hedging In- she worked dutifully as an employee of the struments. H.R. 2121 would extend the REIT support of the amendment offered by Con- public school system, until her retirement in variable interest hedging rule to permit a gressmen DEFAZIO, ROHRABACHER, STARK, 1982. REIT to treat as qualifying any income from and METCALF to reduce the funding for the Se- the hedge of any REIT liability secured by lective Service by $17 million in fiscal year A deeply devoted Christian woman, Mrs. real property or used to acquire or improve 1996. This $17 million savings would then be Cass has served faithfully for the past 25 real property. This provision would apply to transferred to the Veterans' Administration years as a member of the Gospel Temple Mis- hedging a REIT’s unsecured corporate deben- medical care account. sionary Baptist Church on the southside of ture. Mr. Speaker, not only would this amend- Chicago, under the leadership of the late Rev. Section 305. Excess Noncash Income. H.R. 2121 would expand the use of the excess ment save millions of dollars annually; it would Dr. Jethro Gayles and the Rev. Bishop Smith. noncash income exclusion currently provided also streamline Government, reduce paper- She has also been an active member of the under the REIT distribution rules. The bill work, and reduce the regulatory burden on National Baptist Convention and the Illinois would (1) extend the exclusion to include U.S. citizens. Indeed, if a national security Baptist State Convention. most forms of phantom income and (2) make threat to the United States were serious Over the years, Mrs. Cass has been very the exclusion available accrual basis REITs. enough to require a draft, the Department of active in civic and community affairs. Many of Under the exclusion, listed forms of phantom Defense would have a recruit pool of hun- income would be excluded from the REIT 95 these activities include work with her block dreds of thousands of young men and women percent distribution requirement. However, from the Reserve component and delayed club organizations and the local electoral proc- the income would be taxed at the REIT level ess. if the REIT did not make sufficient distribu- entry, as well as hundreds of thousands of pa- tions. triotic volunteers. Mr. Speaker, Mrs. Mable Watkins-Cass has Section 306. Prohibited Transaction Safe The savings that this important amendment dedicated her life to helping others. Her com- Harbor. H.R. 2121 would correct a problem in will realize will instead by applied to the VA mitment and contributions to people have the wording of Congress’ past liberalization medical care account where the need is far made her both, admired and respected. I am of the safe harbor from the 100 percent excise greater. Our Nation's veterans have suffered tax on prohibited transactions, i.e., sales of privileged that in my lifetime our paths have property in the ordinary course of business. greatly during the 104th Congress and this crossed. I am honored to call her a friend and The adverse effect of accumulated deprecia- amendment addresses their most basic need: I am proud to enter these words into the tion on the availability of the safe harbor, quality medical care. RECORD. which punishes REITs that hold their prop- Mr. Speaker, throughout the history of our erties for longer terms, would be mitigated, Republic, we have continually asked the men July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1551 DEPARTMENTS OF COMMERCE, etÐvirtually shutting down services to Indians ing their homes and barns quickly to avoid JUSTICE, AND STATE, THE JUDI- in my State. the ravages of winter. Instead of each man CIARY, AND RELATED AGENCIES Additionally devastating is the bill's require- taking on this incredible task by himself, APPROPRIATIONS ACT, 1996 ment that Indian legal services programs com- people decided that by working together more could be accomplished. In much the pete for the remaining LSC funding under a same way, my vision of America ha citizens SPEECH OF census-based formulaÐa scheme that will re- working together for the betterment of our HON. TIM JOHNSON sult in even further cuts to Native American country. The rallying cry of the American revolu- OF SOUTH DAKOTA programs. The current legal services line-item funds Indian legal services programs at a level tion, ‘‘United we stand, divided we fall,’’ can IN THE HOUSE OF REPRESENTATIVES that is three to four times greater than the ac- be a guide for us in solving the problems Wednesday, July 26, 1995 tual number of reservation-based individuals which now plague American society. A man in California who was tired of the gang graf- The House in Committee of the Whole listed in the 1990 census. Since the inception fiti sprawled on walls across his neighbor- House on the State of the Union had under of the Legal Services Corporation in 1974, it hood formed a group to paint over it. Volun- consideration the bill (H.R. 2076) making ap- has been conceded by both Democrats and teers help with youth programs such as boy’s propriations for the Departments of Com- Republicans that effective legal services for In- and girl’s clubs and scouting which provide merce, Justice, and State, the Judiciary, and dians cannot be provided strictly on census- interests to keep kids off the streets. Volun- related agencies for the fiscal year ending teers across the country devote their time to September 30, 1996, and for other purposes: based numbers because: First, many tribes are not large enough to justify the funding of teaching the illiterate how to read. These Mr. JOHNSON of South Dakota. Mr. Chair- even one lawyer; and second, actual operating are just a few examples of how ordinary man, I must express my serious concern with Americans can make an extraordinary dif- costs for Indian legal services attorneys are ference in the lives of their fellow country- a provision included in the fiscal year 1996 much higher than for other legal services pro- Commerce, Justice, State appropriations bill men. In my vision, every person would see grams because of geographic remoteness, citizenship as a shared responsibility. We which eliminates line-item funding for Native and the availability and high costs of goods must not only be a United States, but a American populations within the Legal Serv- and services on reservations. Increased fund- United people. ices Corporation. In the bill, the Appropriations ing on a non-census basis helps overcome Webster’s dictionary defines patriotism as Committee has not only reduced funding of these and other factors, such as language and love, support, and defense of one’s country. the Legal Services Corporation by 30 per- cultural barriers. Past studies have justified the It seems sometimes as if Americans become centÐfrom $400 million to $278 million, but so torn with their difference that they lose need for increased funding for Indian legal sight of what really matters. That diversity the committee also eliminated the separate services by as much as seven times the num- line item for native American population fund- doesn’t have to divide us; it can be the glue bers that a straight Census-based formula that binds us to our goals and dreams. ing, which last year provided $10 million for would yield. The same is true for our government. Our native American programs nationwide. The For the past 30 years, Indian legal services representatives should realize that the na- elimination of this line-item funding will lead to have become an integral part of this Nation's tional interest comes before political par- the termination of legal services for some of promise of equal access to justice. The elimi- tisanship. Political campaigns should be America's most underserved population, our based on constructive ideas, not destructive nation of the line item for Native American mudslinging. low-income native Americans. populations will deny justice to Native Ameri- Because our Nation's Founders made the In my vision racial and political dif- cans in my State and across the country. I ferences aren’t inevitable obstacles, but solv- establishment of justice the first specific func- urge my colleagues in the eventual conference able problems. Conquering them will lead us tion of the new government, justice is the his- on this measure, and on the appropriate au- to a more perfect union. toric mandate of a free society. The Legal thorizing committees to closely consider the Finally, my vision is for America to be a Services Corporation provides justice to peo- ramifications of this poorly thought out provi- world leader. Now is not the time to be isola- tionists. We must maintain our military su- ple who could otherwise not afford it, ensuring sion. equal access to justice. On countless Indian periority in order not to use it. For with that f reservations across the nation, Indian legal very strength, we have the power to promote services are the only source of legal aid to the world peace—economically and diplomati- MY VISION FOR AMERICA cally. Like President Woodrow Wilson said, poor and underrepresented. ‘‘America cannot be an ostrich with its head Presently there are 33 Indian legal services HON. WILLIAM M. ‘‘MAC’’ THORNBERRY in the sand.’’ Shrinking from our responsibil- programs in existence. The $10 million in fis- ity leaves the rest of the world with nowhere OF TEXAS cal year 1995 funding made possible the work to turn. We should be a role model for coun- of approximately 150 attorneys, paralegals, IN THE HOUSE OF REPRESENTATIVES tries throughout the world to follow. and tribal court advocates serving clients on Friday, July 28, 1995 In my vision of America, hope and oppor- over 175 Indian reservations as well as 220 tunity exist for each and every one of us. We Mr. THORNBERRY. Mr. Speaker, Each owe much to those whose visions of America Alaska Native villages. The work of these at- year the Veterans of Foreign Wars of the Unit- have changed our lives—Thomas Jefferson, torneys has helped tribes develop tribal courts, ed States and its Ladies Auxiliary conduct the Abraham Lincoln, Susan B. Anthony, Martin and create programs for the prevention of do- Voice of Democracy broadcast scriptwriting Luther King, Jr. and many other patriots. mestic abuse and violence. On remote res- contest. This past year more than 126,000 My vision is for America to be a country of ervations with unique cultures and needs, secondary school students participated in the patriotic people, united in being a model of legal services attorneys are the first line of contest competing for the 54 national scholar- democracy and hope to the world with the courage to look unafraid towards the future. contact and counseling for families in crisis. ships totaling more that $109,000, which was They enforce child support, and help ensure distributed among the winners. The contest f the delivery of health care services to the theme this year was ``My Vision For America.'' AGRICULTURE, RURAL DEVELOP- poor, elderly, and disabled. Ms. Erin Kenyon of my district was the State MENT, FOOD AND DRUG ADMIN- In my State of South Dakota, there are nine winner for Texas. The following is her winning ISTRATION, AND RELATED federally recognized tribes whose members script: AGENCIES, APPROPRIATIONS collectively make up one of the largest Native MY VISION FOR AMERICA ACT, 1996 American populations in any State. At the We all have a vision of America. Thomas same time, South Dakota has 3 of the 10 Jefferson saw independence. Abraham Lin- SPEECH OF poorest counties in the Nation, all of which are coln envisioned unity. Susan B. Anthony pic- within reservation boundaries. Dakota Plains tured women voting. Martin Luther King, Jr. HON. ELEANOR HOLMES NORTON Legal Services, serving North and South Da- foresaw a land of equality for all races. My OF DISTRICT OF COLUMBIA kota, employs 10 attorneys, 8 paralegals, and vision for American isn’t too different from IN THE HOUSE OF REPRESENTATIVES roughly 10 support staff in 7 offices, all but 1 theirs—I see a diverse nation, unified by a Friday, July 28, 1995 on reservations. Dakota Plains helps low-in- people with a generous spirit, who are will- ing to be a beacon of hope and democracy to The House in Committee of the Whole come Indians in tribal as well as Federal the whole world. House on the State of the Union had under courts with civil and criminal disputes. If the Throughout history, Americans have faced consideration the bill (H.R. 1976) making ap- line-item for Native American populations is and met the demands of life in the frontier propriations for Agriculture, Rural Develop- not restored, Dakota Plains Legal Services with a patriotic zeal. Early in America, pio- ment, Food and Drug Administration, and would lose 70 percent of their operating budg- neers were faced with the challenge of build- related agencies programs for the fiscal year E 1552 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 ending September 30, 1996, and for other pur- OFFICE OF INDEPENDENT COUNSEL, JANUARY served under him. As Secretary Pierce ad- poses: 11, 1995 mits, during the 1980s, a group of high-rank- Ms. NORTON. Mr. Chairman, I rise in Independent Counsel Arlin M. Adams an- ing political appointees at HUD whom he nounced today that former HUD Secretary ‘‘trusted with authority clearly were not de- strong support of the Kennedy amendment to serving of either the powers of office or [his] H.R. 1976, the Agriculture appropriation. I can- Samuel R. Pierce, Jr., has admitted that his ‘‘own conduct contributed to an environ- trust.’’ In particular, he ‘‘failed to monitor not imagine what national interest the Con- ment’’ at the Department of Housing and and control the Moderate Rehabilitation gress is forwarding by subsidizing the export Urban Development in the 1980s in which his Program, commonly referred to as the ‘mod and promotion of American alcohol overseas. subordinates could engage in ‘‘improper and rehab’ program, when it was being operated, We should adopt the Kennedy amendment, even criminal conduct.’’ In a statement pro- at least in part, to benefit certain consult- and end this insanity. Surely the companies vided to Independent Counsel Adams, which ants, developers, and ex-HUD officials.’’ As a who benefit from this subsidy can get by just is attached to this release, Secretary Pierce result, many HUD political appointees, ‘‘in- ‘‘fully accept[s] responsibility for [his] role’’ cluding Deborah Dean and certain other fine without it. Can you imagine the outcry if members of [Pierce’s] staff, used the pro- we were using taxpayer money inside the in the mismanagement and abuse at HUD in the 1980s, and acknowledges that his meet- gram to see that their friends or political al- United States to help the liquor companies in- ings with former Secretary of the Interior lies received mod rehab projects.’’ Secretary troduce drinking to young people? James G. Watt and other personal friends Pierce admits that he has ‘‘no doubt that the Do we not have enough problems at home who were seeking HUD funds were inconsist- manner in which the mod rehab program was brought about by alcohol abuse? In the District ent with ‘‘the HUD Standards of Conduct administered was flawed, and was not con- of Columbia alone, alcohol abuse costs the prohibiting actual or apparent undue or im- sistent with how the program was portrayed proper favoritism.’’ Secretary Pierce also ac- to Congress and the public. city $1.8 billion annually. The Center for Second, Secretary Pierce acknowledges Science in the Public Interest has said that no cepts responsibility ‘‘for the necessity for the Independent Counsel’s investigation,’’ that his ‘‘own conduct failed to set the prop- serious discussion on the economic recovery and states that he ‘‘deeply regret[s] the loss er standard.’’ On a number of occasions, he of the Nation's Capital is possible without fac- of public confidence in HUD that these ‘‘met or spoke privately with personal toring in the economic burden of alcohol con- events may have entailed.’’ friends who were paid to obtain funding for sumption. It is not moralizing to point out that Adams also announced today the comple- mod rehab projects,’’ including former Sec- the $35 million the city collects each year in tion of the major investigative phase of his retary of the Interior James G. Watt, former alcohol taxes barely touches the massively ca- probe of HUD in the 1980s, which to date has Ambassador Gerald Carmen, and others. resulted in sixteen criminal convictions of These meetings and conversations, and Sec- lamitous consequences of alcohol consump- retary Pierce’s follow-up discussions with his tion. The human toll cannot even being to be former high-ranking officials and others, and has obtained more than $2 million in crimi- staff members, ‘‘created the appearance that calculated. nal fines. Adams stated that ‘‘Secretary [he] endorsed [his] friends’ efforts and sent This is indeed a moral issue. What is im- Pierce’s admissions comport with the proof signals to [his] staff that such persons should moral is that corporate giants like Jim Beam, that the government would have introduced receive assistance.’’ Secretary Pierce ac- Miller, Coor's, and Stroh's have the U.S. Gov- at trial, and inform the public of these knowledges that these contacts with his ernment's blessing and an expense account to events without the uncertainty and great ex- friends were not only inconsistent with ‘‘the HUD Standards of Conduct prohibiting ac- enter into foreign markets. Are we subsidizing penditure of time and money inherent in such a trial.’’ ‘‘In light of these admissions,’’ tual or apparent undue or improper favor- comparable efforts to provide education about itism,’’ but also with Pierce’s own instruc- alcohol abuse, alcohol's role in infant mortality, Adams further stated, ‘‘and in consideration of other factors—including Secretary tions to his staff. Secretary Pierce also ac- and efforts to combat drunk driving? Pierce’s age and multiple health problems, knowledges that his answers during the con- The liquor companies need to pay their fair the conflicting evidence regarding the intent gressional hearings before the Lantos Com- share, not get a subsidy to develop new mar- with which he acted, and the absence of any mittee ‘‘did not always accurately reflect kets. I urge my colleagues to adopt the Ken- evidence that he or his family profited from the events occurring at HUD several years nedy amendment. his actions at HUD—this Office has declined earlier. to seek a criminal indictment of Secretary Adams stated that while this concludes the f Pierce.’’ ‘‘These factors,’’ Adams noted, ‘‘dis- major investigative phase of the probe, ‘‘Sec- tinguish this case from those previously retary Pierce’s statement, coupled with DEPARTMENTS OF VETERANS AF- prosecuted by this Office.’’ other evidence recently made available to FAIRS AND HOUSING AND URBAN Adams stated that while further details of this Office, raises the issue whether certain DEVELOPMENT, AND INDEPEND- Secretary Pierce’s actions at HUD would be individuals may have committed perjury or ENT AGENCIES APPROPRIATIONS addressed in the Office of Independent Coun- obstructed justice during the course of this ACT, 1996 sel’s final report, ‘‘Secretary Pierce’s state- investigation.’’ Noting that the Office al- ment acknowledges what was demonstrated ready has secured numerous perjury and ob- struction convictions, Adams stated that SPEECH OF by both the Lantos Committee’s hearings and this Office’s prosecutions: that by his ab- ‘‘[t]he length of this investigation is attrib- HON. BARNEY FRANK dication of responsibility, and by his own utable to the efforts of those who attempted conduct, Secretary Pierce made it possible to obstruct it. But, as previously pledged, OF MASSACHUSETTS for his subordinates to commit crimes and to such obstruction, when uncovered, shall be IN THE HOUSE OF REPRESENTATIVES profit from their betrayal of the public dealt with appropriately.’’ To date, the Office of Independent Coun- Thursday, July 27, 1995 trust.’’ The Independent Counsel’s investigation sel’s investigation has resulted in sixteen The House in Committee of the Whole and prosecutions have revealed, and Sec- convictions following trials or guilty pleas, House on the State of the Union had under retary Pierce’s statement acknowledges, and has secured more than $2 million in consideration the bill (H.R. 2099) making ap- that HUD was an agency corrupted by the criminal fines. propriations for the Departments of Veter- activities of many of its own officials. These STATEMENT BY THE HONORABLE SAMUEL R. ans Affairs and Housing and Urban Develop- high-ranking political appointees took con- PIERCE, JR., DECEMBER 15, 1994 ment, and for sundry independent agencies, trol of HUD’s increasingly scarce federal From January 1981 through January 1989, I boards, commissions, corporations, and of- housing funds and then awarded those funds served as the Secretary of the Department of fices for the fiscal year ending September 30, to benefit their friends, their families, and Housing and Urban Development. I was re- 1996, and for other purposes: themselves, without regard to the actual sponsible for the overall administration of Mr. FRANK of Massachusetts. Mr. Chair- housing needs of this nation or its low-in- the Department, which employed thousands man, these two documents are very relevant come families. ‘‘The HUD scandal,’’ Adams of people in numerous divisions. During the stated, ‘‘is the story of high-ranking politi- time I served as Secretary, a number of HUD to our discussions on the HUD budget. cal appointees who put their own interests staff members engaged in improper and even The article by Keith Regan from the New ahead of the underprivileged persons whose criminal conduct. I realize that my own con- Bedford Standard Times documents the need interests they were charged to protect. The duct contributed to an environment in which for housing, and demonstrate how ill-advised consequences of that scandal continue to be these events could occur. the cuts in this budget are for HUD. felt today, both in increased cynicism about Many people I trusted with authority The statements from Judge Adams and our government in general and HUD in par- clearly were not deserving of either the pow- ticular, and in the everyday lives of the ers of office or my trust. My management former Secretary Pierce remind us that HUD is poor.’’ style, developed after years of working in a not inherently flawed, but rather harmed from Secretary Pierce permitted the conditions law firm and other legal environments, was the corrupt, incompetent administration it re- to exist that allowed the corruption of HUD. to delegate details. This style exacerbated ceived during the Reagan years, and is in fact He did so in two ways. First, he failed ade- the problems at HUD because I did not exert improving greatly under Secretary Cisneros. quately to supervise the appointees who sufficient control over the individuals who July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1553 reported to me. In particular, I failed to of public or subsidized housing, according to budget and a 28 percent cut for the next fis- monitor and control the Moderate Rehabili- Joseph Finnerty, executive director of the cal year, which begins in October. tation Program, commonly referred to as the New Bedford Housing Authority. ‘‘It’s only going to get worse,’’ Mr. ‘‘mod rehab’’ program, when it was being op- Mr. Finnerty said the fact that few new Finnerty said. erated, at least in part, to benefit certain units of affordable housing have been built f consultants, developers, and ex-HUD offi- by private developers in recent years has cials. As a result, a number of political ap- contributed to the influx of applicants. MEDICARE CUTS pointees, including Deborah Dean and cer- ‘‘The apartment buildings you see built on tain other members of my staff, used the the edge of town aren’t aimed at low-income program to see that their friends or political residents,’’ he said. Meanwhile, as those HON. BOBBY L. RUSH allies received mod rehab projects. buildings went up, many older apartment OF ILLINOIS In addition, my own conduct failed to set buildings that once housed affordable hous- IN THE HOUSE OF REPRESENTATIVES the proper standard. On a number of occa- ing were being demolished in New Bedford Friday, July 28, 1995 sions, I met or spoke privately with personal and other large cities. friends who were paid to obtain funding for ‘‘There’s a decrease in the number of af- Mr. RUSH. Mr. Speaker, I rise today as the mod rehab projects, including, among others, fordable apartments at the same time eco- voice of hundreds of senior citizens in the First James Watt, Gerald Carmen, and Robert nomic conditions mean more people need Congressional District of Illinois and none of Rhone. These meetings and conversations, them,’’ said Mr. Finnerty. them wants cuts of any kind in their Medicare and my following discussions with staff The problem is not limited to the city, Program. members, created the appearance that I en- however. These older Americans were angry. They In Wareham, the wait for one of the town’s dorsed my friends’ efforts and sent signals to were scared. And they are not going to stand my staff that such persons should receive as- 32 units of public housing ranges from six to sistance. While I never financially benefited 12 months, according to Housing Authority for these draconian cuts. in any way from these projects, these meet- Executive Director Pamela Sequeira. They know that the Republicans have com- ings and contacts were inconsistent with the ‘‘We don’t have the funds to offer any new mitted themselves to squeezing $270 billion HUD Standards of Conduct prohibiting ac- housing programs,’’ Ms. Sequeira said. ‘‘And out of the Medicare budget over the next 7 tual or apparent undue or improper favor- these families can’t find affordable apart- years. itism, and my related instructions to my ments on their own.’’ The budget resolution sets out a gradual staff. A report issued Monday by the Center on path of Medicare reductions, and most of the Budget and Policy Priorities finds the na- I was the person entrusted with the duties impact will not be felt until after November of Secretary and I was the person responsible tional shortage of public housing reached for the Department. If I am to take credit for record levels in 1993, with low-income fami- 1996, safely clearing the way for many Repub- its successes, I must also take the blame for lies out-numbering affordable housing units licans up for reelection. its problems. I have no doubt that the man- by a two-to-one margin. So make no mistake about it. This is not ner in which the mod rehab program was ad- Based on ceasus data, the report found 11.2 about policy making. ministered was flawed, and was not consist- million low-income renters and just 6.5 mil- This is about politicsÐplain and simple. ent with how the program was portrayed to lion units of low-income housing. Affordable The seniors want a clear mandate delivered Congress and the public. Despite certain housing is defined as taking up less than 30 to the Republican Party. They want them to warning signs, and my own meetings and percent of a resident’s income, low-income is know that seniors are not old or forgetful. Sen- conduct, as described above, I failed to en- defined as any family or individual earning iors are not ``very pack-oriented and very sus- $12,000 a year or less. sure that the mod rehab program operated ceptible to being led,'' as a leaked GOP strat- properly. The report cites a decrease in the number I have come to some of these conclusions of low-rent homes due to the gentrification egy memo indicates. On the contrary, they will as a result of facts revealed by the investiga- of some urban areas and the abandonment of remember, a year from this November, who it tion and the prosecutions conducted by the run-down housing in others. was that slashed their Medicare Program and Office of Independent Counsel. Prior to that Mr. Finnerty said he has witnessed the de- left them out in the cold to fend for them- investigation, I had testified before Con- cline of affordable housing units over the selves. gress. I was ill-prepared for the congressional last decade since Congress eliminated a tax f hearing and appeared without counsel. Re- break in 1965 that encouraged private devel- viewing my exchanges with Members of the opers to build low-income housing. CELEBRATING MEDICARE’S 30TH ‘‘They took away the incentive for devel- Lantos Subcommittee, I see that I answered BIRTHDAY certain questions with broad responses that opers to include low-income housing in their did not always accurately reflect the events buildings,’’ he said. occurring at HUD several years earlier. Fairhaven resident Joaquin ‘‘Jack’’ HON. BILL RICHARDSON Similarly, one of my answers to inquiries Custodio said public housing programs have OF NEW MEXICO made by the Public Integrity Section of the long fallen short of their goal of providing IN THE HOUSE OF REPRESENTATIVES Department of Justice was not completely families a way out of poverty. responsive. ‘‘It’s the strong versus the weak,’’ Mr. Friday, July 28, 1995 These last five years have been difficult Custodio said. Residents of housing projects Mr. RICHARDSON. Mr. Speaker, this week ones for me, but my parents taught me that ‘‘aren’t given any power’’ to improve their marks the 30th anniversary of Medicare, one lives, he added. I must not shrink from my duties. I was the of the Nation's most successful undertakings. guardian of the HUD gates, and I rested on Housing, unlike other public assistance is my post when vigilance was most needed. In not an entitlement program, meaning fami- Because of Medicare, America's seniors no light of my conduct and that of others at lies who do not receive public housing or fed- longer choose between medicine and food or HUD, I fully understand and accept respon- eral subsidies must fend for themselves, Mr. rent, and consequently their health has im- sibility for the necessity for the Independent Finnerty said. proved dramatically. Ironically, one of the rea- Counsel’s investigation. However, in my Still, he said, the need for public housing is sons we are currently considering Medicare forth years of public service I never received tied to other programs, such as Aid to Fami- reform is due in large measure to its profound lies with Dependent Children, with cuts in a single improper benefit for my actions—no success. Americans are living longer, and money, no tickets, no trips, nothing. None- those forms of asssitance making it even theless, I fully accept responsibility for my more difficult for families to afford housing. many more reach an age where greater health role in what occurred at HUD, and deeply re- Ms. Sequeira cited the report’s finding that problems emerge. This is a fortunate turn of gret the loss of public confidence in HUD most families who do not receive public events, and we must not use it to ransack a that these events may have entailed. housing assistance spend more than half of system that has served the Nation well. [From the Standard Times, July 25, 1995] their income on housing. Many, especially Medicare is a remarkable testament to the elderly families on fixed incomes, can ‘‘end HOUSING CRUNCH HITS POOR MOST—WAITING good that can come from deliberative, open, up in a deficit in their first month,’’ she said. LISTS FOR AFFORDABLE UNITS IN AREA KEEP ‘‘Something else has to give,’’ said Mr. bipartisan efforts to solve an oncoming health GROWING Finnerty. ‘‘An elderly person might spend crisis. The Medicare concept was debated in (By Keith Regan) less on medicine or a family might not eat as Washington for 13 years before finally being NEW BEDFORD.—A drop in the number of af- well as they should to make up the dif- signed into law in 1965. Many skeptics pre- fordable apartments is sending record num- ference.’’ dicted that it would bankrupt the United bers of low-income families to area housing Mr. Finnerty also said the study’s timing States, that the contributions seniors made authorities for help. But housing officials is crucial. Congress is currently considering prior to retirement would evaporate, and that say budget cuts are forcing them to turn a $7 billion reduction in the Department of people away or add them to already lengthy Housing and Urban Development’s budget for our health care system would become sub- waiting lists. next year. standard. In fact, none of these events oc- As many as 1,000 individuals and families The New Bedford Housing Authority is al- curred. Medicare has been overwhelmingly are waiting for spaces in the city’s 3,900 units ready facing a 14 percent cut in this year’s successful. E 1554 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 Currently, there are 37 million Americans proposal, the premium is estimated to jump pensation, our laws prevent satisfying a court enrolled in Medicare, and 205,000 of them are to $97.70 per month, or $1,172.40 annually by order with money from a pension. New Mexicans. Today, 99.1 percent of all 2002. That is $442.80 more than the bene- This bill ends this injustice by creating a ficiary would pay under current law. Over Americans over the age of 65 have health in- right to payment to satisfy a child abuse judg- the next seven years, most medicare bene- ment. Under current law, private pensions are surance coverage, primarily due to Medicare. ficiaries would pay an estimated additional The poverty rate for aged Americans has fall- $1,590 for the Part B premium alone. already accessible for child support and for en by nearly 50 percent since Medicare's in- The FY Budget resolution includes the spousal payments. This bill adds child abuse ception, and this is largely attributable to the largest Medicaid reductions in the history of compensation as an obligation that must be fact that seniors receive effective preventive the program—$182 billion in savings over the met. and acute health care at reasonable costs. next seven years. In the year 2002 alone, the We hear a lot of talk in this body about pro- We must accomplish the difficult task of ex- budget proposal would reduce projected fed- tecting children and victims. But the fact is, tending the life of Medicare, and it should not eral medicaid spending by $54 billion, a re- there are laws that Congress has passed that duction of about 30 percent below what the interfere with our commitment to balance the protect abusers and prevent justice for victims. government estimates it will cost to run the If we do not change those laws, our words budget. But we also must examine the effects program delivering the same services and of current proposals carefully. In our rush to benefits that it does today. ring hollow. I urge Members to support this achieve ambitious goals, we cannot overlook Medicaid is the health and long-term care bill. the economic and social importance of ade- safety net for vulnerable children, older and f quate health care for seniors and the contin- disabled Americans. More than four million older Americans depend on medicaid for cov- DEPARTMENTS OF VETERANS AF- ued viability of local hospitals. FAIRS AND HOUSING AND URBAN I commend to you the following article, writ- erage of preventive care, prescription drugs, nursing home and home community-based DEVELOPMENT, AND INDEPEND- ten by Dr. Lyle Hagan of my district, which long-term care. In addition, more than 15 ENT AGENCIES APPROPRIATIONS outlines the serious impacts current proposals million low-income children are covered by ACT, 1996 will bring about. Medicaid. STORM LOOMING FOR MEDICARE How individual states would respond to the SPEECH OF (By Dr. R. Lyle Hagan) proposed cuts would vary by state, but some things are clear. It is unlikely that states HON. JACK REED On July 28, 1995 Medicare will celebrate its would raise taxes or shift money to make up OF RHODE ISLAND 30th birthday. As we all know, Medicare is a for the federal reductions. According to esti- IN THE HOUSE OF REPRESENTATIVES U.S. Government program that provides mates by the urban institute, in the year medical care for the nation’s elderly. In ad- Thursday, July 27, 1995 2002, more than eight million Americans dition Medicaid—a government administered could lose their medicaid coverage as a re- The House in Committee of the Whole program, provides medical services to the sult of these proposed reductions. House on the State of the Union had under poor; financed jointly by Federal and State Senior citizens may ask their Senator or consideration the bill (H.R. 2099) making ap- governments. Representative in Congress about Medicare propriations for the Departments of Veter- During the past several weeks, Congress and Medicaid cuts and how they will affect ans Affairs and Housing and Urban Develop- has been deeply involved in cutting costs in their future health and medical care. ment, and for sundry independent agencies, all areas of government administration. Con- boards, commissions, corporations, and of- gress has established a Budget resolution for f fices for the fiscal year ending September 30, the fiscal year 1996 (FY 96). 1996, and for other purposes: The American Association of Retired Per- INTRODUCTION OF THE ERISA sons (AARP) fully supports deficit reduction, CHILD ABUSE ACCOUNTABILITY Mr. REED. Mr. Chairman, it is with great but it also believes that deficit reduction ACT concern for veterans, seniors, the poor and should be fair and balanced. The (FY 96) our environment that I rise in opposition to the Budget Resolution proposes to take nearly VA, HUD and Independent Agencies Appro- half of the deficit reduction in the next seven HON. PATRICIA SCHROEDER priation bill for fiscal year 1996. years out of Medicare and Medicaid. In both OF COLORADO This bill before us is an ill-conceived, mean- programs these are the largest cuts ever pro- IN THE HOUSE OF REPRESENTATIVES spirited attack on the most vulnerable citizens posed. Friday, July 28, 1995 in America. While those may sound like harsh In 1995, the average older beneficiary will words, here are the harsh figures; a 50-per- spend about $2,750 out-of-pocket to cover the Mrs. SCHROEDER. Mr. Speaker, I am intro- cent reduction in funding to fight homeless- cost of medicare premiums, deductibles, co- ducing the ERISA Child Abuse Accountability insurance and the cost of services not cov- ness, $400 million less for section 8 operating Act. This bill is a natural extension of legisla- costs and a $1.2 billion cut in modernization ered by Medicare. tion that I introduced last session, the Child Under the Budget Resolution (FY 96), an funds for public housing. For veterans, there is average beneficiary would end up spending a Abuse Accountability Act, which Congress $250 million less than what the VA said is total of about $29,000 over seven years—an passed and President Clinton signed into law, necessary to maintain the current service level increase of about $3,400. To achieve the medi- Public Law 103±358. and quality for medical care and $500 million care spending reductions in these proposals, The ERISA Child Abuse Accountability Act less in administrative and construction costs. costs that are currently paid by the Medi- amends the Employment Retirement Income The EPA budget is cut by a third, resulting in care program would probably be shifted to Security Act [ERISA] to allow victims to collect Medicare beneficiaries in the form of higher no new cleanups and no funding for the safe monetary awards from their abuser's pension. drinking water loan fund. premiums, deductibles and coinsurance. As a result of last year's legislation, victims of These could include: a higher medicare Under this bill, Rhode Island would lose Part B premium; an increase in the annual child abuse can now collect from an abuser's $7.7 million in rehabilitation and repair funds Part B deductible to $150, indexed to pro- pension if it is a Federal pension. The ERISA and $2 million that maintains 10,401 public gram growth; a new 20 percent home health Child Abuse Accountability Act allows victims housing units. In addition, our State, which last insurance; a new 20 percent coinsurance for to collect from private sector pensions as well. year assisted 4,910 people who came to skilled nursing facility care; a new 20 per- It is vital that we, as a nation, dedicate our- emergency and domestic violence shelters, cent lab coinsurance and a new income-relat- selves to protect the welfare of our children will lose nearly $2.6 million needed to assist ed premium for higher-income beneficiaries. and guarantee that anyone who commits a these people. Ironically, if this bill passes, All of these options have been under review crime against them is held accountable. That in the Congress this year. Currently, the more people will be homeless and need this Part B premium intended to approximate 25 is what The ERISA Child Abuse Accountability type of help. percent of Part B costs. In 1995, the premium Act does. I am also afraid that the news for Rhode Is- is $46.10 per month, $553.20 annually. It is es- The children who survive abuse face a life- land's veterans is equally discouraging. While timated to grow to $60.80 per month, $729.60 time of scars, both physical and mental. Some some programs nationwide have been in- annually by 2002. The premium is deducted of these survivors turn to our court system to creased, veterans in southeastern Rhode Is- from most beneficiaries’ social security hold their abusers civilly accountable for their land will again wait for needed improvements. checks. The remaining 75 percent of Part B crimes. They endure traumatic trials, reliving In 1990 the VA bought a building to consoli- costs are paid from general revenues. Under the proposal by FY 96, the Budget the years of torment in order to hold their date VA services in Rhode Island. Now, that resolution could substantially increase the abusers responsible. Tragically, vindication by building is unoccupied and our vets are wait- Part B premium paid by medicare bene- a court is only the beginning of the struggle for ing for the promised consolidation. Unfortu- ficiaries thereby shifting higher health care countless victims. Even after a court finds the nately, because this consolidation is not fund- costs to medicare beneficiaries. Under the abuser guilty and awards the survivor com- ed, the Government will continue to pay rent July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1555 in downtown Providence, instead of cutting great integrity, ambition, and leadership. His consideration the bill (H.R. 2002) making ap- costs and consolidating the VA offices as work and dedication have helped improve the propriations for the Department of Transpor- planned. quality of life for a countless number of peo- tation and related agencies for the fiscal Lastly, I am disappointed with what this bill ple. year ending September 30, 1996, and for other does to our environment. This bill contains Since being ordained 56 years ago, Rev- purposes: language that would limit the EPA's authority erend Patterson has continually served as a Mrs. MALONEY. Mr. Chairman, I rise to ar- to enforce major environmental laws such as church pastor, and dedicated the last 41 years ticulate my objections to the Transportation the Clean Air Act, the Clean Water Act, and to the True Light Baptist Church. He has ac- appropriations bill. the Safe Drinking Act. With the inclusion of complished many outstanding services for the this language, the Republican leadership has church such as building a new church, pur- In my view, H.R. 2002, next year's funding essentially gutted the last 25 years of environ- chasing two parsonages, and purchasing bill, takes our Nation in the wrong direction on mental progress. property for the church, in addition to serving transportation policy. This is particularly true It will become harder for organizations in my the spiritual needs of his parishioners. for New York City, because the bill imposes State to continue the job of cleaning up our Reverend Patterson has conducted daily devastating cuts on the mass transit budget. environment and protecting our health when commentaries and has appealed to those in The bill passed by the House increases virtually all funding to do so will be diminished. need of prayer and counseling over the air- funding for our highway system by over $800 In fact, Rhode Island would lose $2.4 million waves of WKWM radio. Reverend Patterson million while at the same time decreasing has used the power of the radio medium to compared to the President's proposal to fi- funding for mass transit by $500 millionÐa 20 deliver prayers and worship for those who are nance wastewater projects, $9 million for percent reduction over last year's budget. loans to provide safe drinking water, and unable to attend services in person. His radio $674,000 to address polluted runoff. The loss worship services have given him the distinc- The impact of these cuts on New York City of crucial funding to financing clean water in- tion of being one of the first pastors to use this will be dramatic. Currently, the city receives frastructure threatens both the protection of form of communication to deliver his message. $87.5 million in mass transit operating assist- public health in Rhode Island and industries His involvement with the community extends ance funding. This will be slashed by over $38 like shellfishing, boating, and tourism that are beyond the pulpit of the church. He was in- millionÐan incredible 44 percent cut. The city dependent on clean water. strumental in forming the Ambassadors Club, estimates that it will lose another $40.7 million While I understand the need to reduce the an organized Bible study class that later be- in Federal capital assistance funding. deficit, I do not believe we should place a dis- came a community service group. He also In addition to these general budget cuts, I'm proportionate share on the backs of those who founded the Kennedy Day Care Center which particularly displeased that the appropriators can least afford it. Unfortunately, that is what served the youth of our community for more removed $40 million in funding to renovate the Republicans have done in this bill. And than 20 years. People with substance abuse this is not the first time. Just 4 months ago, problems have also benefited from Patterson's Penn Station that was in the President's budg- the rescission bill attacked low income and el- caring ways. His Operation Faith program was et. Without this funding, we will be unable to derly people by cutting money for section 8, established to help those with substance continue with our efforts to replace the aging rental assistance and homeownership initia- abuse problems deal with their dilemmas central train station in New York with the refur- tives. H.R. 2009 marks the second time this through alternatives other than drugs and al- bished station that our city and the millions of year that our poor, elderly, and disabled have cohol. passengers so desperately need. been asked to make sacrifices in the name of His skills and leadership have also been In addition, over $30 million in cuts to Am- deficit reduction. These sacrifices seem much tapped by numerous organizations in the com- trak will reduce the ability of our citizens to higher than what other people have been munity. He has served as a member of the travel up and down the heavily used east Kent Skills Committee on Relocation and he asked to contribute. coast routes between Washington, New York, has also been involved as a board member of I would like my colleagues to ask them- and Boston. selves why these cuts are so severe. Why the Salvation Army's Genesis House. He has have we decided to continue to invest less also held membership in the Grand Rapids For those of us who represent urban and and less for those who have no roof over their chapters of the Urban League and the suburban communities, it is clear that mass head? Well, my colleagues, one answer is the NAACP. transit must be a priority, and that we should space station. Some may argue that housing Not only has Reverend Patterson blessed be investing in services and technologies programs need reform, and therefore, they the lives of many during his years of service, which will make our buses and trains run more should be cut. But Mr. Chairman, if the same he has also been blessed himself by a won- efficiently and more safely. Mass transit logic holds, why should we spend billions on derful family. Providing loving support for this moves millions of Americans to and from their a space station with innumerable design dedicated man have been his wife Ruth White jobs each day. It is also the only transportation changes, cost increases, and failures? Patterson and his children Willie Patterson, alternative available to seniors on fixed in- Mr. Speaker, this bill's priorities are wrong Jr., Allena Ruth Cross, Rev. Irma Jean Jones, comes and students getting to school. Under and I see no reason to support it. I ask my Ralph Patterson, Rev. H. Calvin Patterson, the bill, subway and bus fares would most Barbara Brazil, Thedosa Baker, and his de- colleagues to join me in opposing this mis- likely increase dramatically, effectively putting guided legislation. ceased son, Walter Patterson. Mr. Speaker, I have summed up just a sam- travel out of the reach of those who most f pling of the many accomplishments and need it. TRIBUTE TO REV. W.L. achievements of this remarkable and dedi- Finally, Mr. Speaker, I want to express my PATTERSON cated man. It is with great pleasure and privi- support for the objectives of my colleagues lege that I take this time to honor Reverend from the Philadelphia area, Mr. FOGLIETTA and HON. VERNON J. EHLERS Patterson for all of his work in helping provide Mr. FOX, who sought to offer amendments to OF MICHIGAN a better way of life for those he has come in restore mass transit operating subsidies. In contact with. IN THE HOUSE OF REPRESENTATIVES the end, however, I could not vote for their f amendment because, rather than shifting Friday, July 28, 1995 DEPARTMENT OF TRANSPOR- money from the highway fund, it took money Mr. EHLERS. Mr. Speaker, it is with great from the Federal aviation authority. With New pleasure that I take this opportunity to recog- TATION AND RELATED AGEN- CIES APPROPRIATIONS ACT, 1996 York's airports in dire need of assistance, I nize the efforts and achievements of an out- could not in good conscience vote to help one standing man from my hometown of Grand important element of our infrastructure by Rapids, MI. Rev. W.L. Patterson of the True SPEECH OF harming another. Light Baptist Church has given 41 years of un- selfish civic and spiritual service to the resi- HON. CAROLYN B. MALONEY As this bill moves on to the Senate and then dents of our community. OF NEW YORK to the President's desk, I will fight hard to re- Reverend Patterson was born and raised in IN THE HOUSE OF REPRESENTATIVES store as much funding for mass transit as pos- Arkansas, and in 1954 was called to the pas- Tuesday, July 25, 1995 sible. torate of the True Light Baptist Church. He is The House in Committee of the Whole known throughout our community as a man of House on the State of the Union had under E 1556 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 THE 1996 COMMERCE, JUSTICE, available. Freddie Mac has continuously ex- TRIBUTE TO CHRIS GROSS STATE AND THE JUDICIARY AP- panded into new and diverse markets, financ- PROPRIATIONS ACT ing one in every six homes nationwide. They HON. ANDREA H. SEASTRAND have housed over 16 million families since OF CALIFORNIA HON. RON PACKARD their inception in 1970. In my own Common- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA wealth of Virginia, Freddie Mac has purchased Friday, July 28, 1995 IN THE HOUSE OF REPRESENTATIVES over 444,000 loans worth more than $36 bil- lion in its 25 years. Mrs. SEASTRAND. Mr. Speaker, I am Friday, July 28, 1995 pleased to rise to share the inspiring story of Mr. PACKARD. Mr. Speaker, President Clin- As my colleagues are well aware, Freddie an ordinary citizen who is accomplishing ex- ton has declared his intention to veto the 1996 Mac keeps the supply of low cost money for traordinary things. From the moment we commerce, Justice, State, and the Judiciary housing widely available by linking mortgage mounted the stage of America, the family of Appropriations Act. May I say how saddened lenders with security investors. It accom- Americans who called this continent home I am that the President has chosen to act in plishes its task by purchasing investment qual- have come together in adverse and tragic this way. By vetoing this bill President Clinton ity loans from primary lenders, packaging times and demonstrated the best elements of is putting the interests of his party above the these loans as mortgage backed securities, free man. From the first winters at Jamestown interests of the Nation and selling these securities to investors. there have been countless demonstrations of Such an action, while not out of character, Money is then available to purchase more what Lincoln called the better angels of our is nevertheless surprising considering the loans from the lenders, and the cycle contin- nature. Some of these stories will be pre- overwhelming benefits of this bill. The bill ues. It is important to point out that Freddie served in our history books, films, and folklore. gives more money toward law enforcement, Mac accomplishes this without any Federal It is my wish that one such example of an including the INS, who receive a 20 percent funding. In fact, it has been a major Federal American helping those in need and inspiring increase in desperately needed funds, than taxpayer. In the past 5 years alone, it has paid others to do the same be recorded in the any bill ever passed in Congress. How can the over $2 billion in Federal taxes. CONGRESSIONAL RECORD. President be willing to jeopardize the safety of Like most Americans, Mr. Chris Gross every American citizen just because his own Today, I would like to commend Freddie watched in horror the tragic scenes that fol- anti-crime program has been scraped in favor Mac for another role it plays. As a corporate lowed the Oklahoma City bombing. Not con- of new initiatives that allow States and local citizen, Freddie Mac strives to give even more tent to just sit and watch, he committed him- Communities greater flexibility in tackling to the communities it serves through its self to an ambitious goalÐhelp the 137 chil- crime on their streets? Stalling over Medicare Freddie Mac Foundation. The Freddie Mac dren who lost a parent in the Oklahoma City and thus endangering the health of our senior Foundation is dedicated to brightening the fu- bombing by raising 1 million dollars for a col- citizens is bad enough, but now, by threaten- ture of children, youth, and families at risk. lege fund. He began by donating a year of his ing to veto the Commerce, Justice, State, and Created with an endowment from Freddie Mac own salary. This extraordinary display of gen- Judiciary appropriations bill, President Clinton in 1990, the Foundation has invested more erosity by this 26-year-old from Fremont, CA, is risking the lives of all Americans. What we than $8 million in nonprofit organizations serv- has inspired others from all over the country to the Republicans have always feared is true; ing the Washington, DC, area. give to this admirable cause. As Mr. Gross the President is more concerned with his own holds a fundraiser in the 22d Congressional agenda than the fate of the American people. Healthy families help foster healthy commu- District of California on August 9, he will have The 1996 Commerce, Justice, State, and nities. Freddie Mac understands this and we in already raised more than $500,000. Judiciary Appropriations Act represents a Congress should recognize and commend When Mr. Gross reaches his goal, he will major new initiative in fighting crime. It rejects them for not only fulfilling their mission, but for have done more than help financially provide the old tried and failed attempts to impose so- taking this mission a step further. As their for 137 children's education. He will have also lutions from above, solutions that do not, and Chairman and CEO, Leland Brendsel, likes to inspired all those who have heard of his com- cannot, take the specific needs and difficulties say, while Freddie Mac's mission is to make mitment and remind us that Americans are the of local communities into account. By provid- the American dream of decent, accessible most generous and charitable people on ing States with Block grants, States can still housing a reality, its foundation and its em- Earth. use the money to hire more police if they ployees work to turn houses into healthy f want, but they can also choose to buy equip- homes for children. They do this throughout ment, start prevention programs, improve the country, but we in Virginia, Maryland, and TRIBUTE TO COL. WALTER L. trainingÐwhatever they think will be most ef- the District of Columbia have been particularly MAYO, JR. (USA-RET.) KOREAN fective. This bill takes money out of the hands blessed by their presence. WAR VETERAN of Government bureaucrats and puts it into the hands of those who are fighting the war In Virginia, one example of particular note is HON. JAMES P. MORAN their long-standing partnership with Hunters against crime on the front lines. It recognizes OF VIRGINIA Woods Elementary School in Reston where that the Federal Government does not always IN THE HOUSE OF REPRESENTATIVES the Foundation has committed almost know best. When will President Clinton realize Friday, July 28, 1995 the same and how many more will have to $200,000 and the employees have committed suffer until he does? thousands of hours of time working with the Mr. MORAN. Mr. Speaker, this week we f kids on their special needs. The entire area gather as a nation to honor the soldiers and will benefit from a recent Freddie Mac commit- sailors, marines and airmen, and all those who FREDDIE MAC’S 25TH ANNIVER- ment of $1 million to help establish a Child served, fought, and died in our Armed Forces SARY—JULY 24, 1970–JULY 24, 1995 Protection Center for area battered and in the Korean war. The Korean War Veterans abused children and their families at Chil- Memorial, which we dedicate 42 years after HON. THOMAS M. DAVIS dren's Hospital. Finally, Freddie Mac's commit- the signing of the armistice of July 27, 1953, OF VIRGINIA ment to support our communities is probably occupies a place of prominence and remem- IN THE HOUSE OF REPRESENTATIVES best exemplified by a Washington Post article, brance on the Washington Mall. This location among the grand monuments of our country is Friday, July 28, 1995 which I submit for the RECORD, highlighting their work to help the District's foster care pro- a fitting tribute to the veterans of a forgotten Mr. DAVIS. Mr. Speaker, 25 years ago this gram. This is the kind of public/private partner- war that for too long has dwelt in the shadows week, Congress created the Federal Home ship Freddie Mac brings not only to the com- of our history. Loan Mortgage Corporation in an effort to re- Among the ranks of those who served in the munity but to its public mission. lieve an ailing mortgage finance system. By Korean war, one group has received scant at- utilizing what works best in the private and I believe Freddie Mac deserves not only tention and recognition even to this dayÐthe public sectors, Congress established Freddie congratulations on its 25th anniversary and more than 7,000 prisoners of war and 8,000 Mac and revolutionized the home finance in- thanks for doing a good job in meeting its mis- still listed as missing in action. I would like to dustry. Since then, Americans across the Na- sion, but also for its support for children, youth tell the story of one man, Col. Walter L. Mayo, tion have shared in the success, as housing and families at risk in communities throughout Jr. (USA-Ret.) of McLean, VA, and Centerville, funds have become more affordable and more the country. MA, who fought from the Pusan perimeter to July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1557 the banks of the Yalu River and who spent 3 That afternoon, Lt. Mayo and three others Near Camel's Bend,'' constantly risking his life years as a prisoner of war. His story stands as crawled across the bodies of the dead Chi- to tend to the wounded. testimony to the thousands of others whose nese to scout a way out of the encirclement. Father Kapaun served as constant source of heroism and sacrifice went unrecognized for He found a hole in the lines and sent word cheer and inspiration in Camp 5. He min- too long. back for the rest of the group to follow. The istered to the sick and dying, and emulated St. Walt Mayo was no stranger to combat when survivors broke out just as the Chinese fired a Dismas, the good thief, in stealing food from he arrived in Korea in 1950. A World War II massive artillery barrage in preparation for a the Chinese for the men. The Chinese feared veteran, he had served as a rifleman during final attack on the perimeter. The official Army Father Kapaun and the strength of his faith. the Battle of the Bulge and was captured by history records the 3rd Battalion's fight as the When he developed a blood clot in his leg in the Germans. After his release, he went to ``Ordeal Nuclear Camel's Head Bend.'' April, 1951, the Chinese took him away to die. Boston College on the GI Bill, joined the The group evaded the Chinese for 2 days. Walt joined with others after the Korean war ROTC program, and received a Regular Army The official account states simply that, ended to dedicate a high school in Wichita, commission on January 1, 1950. He landed in The next day, within sight of bursting KS, in honor of Father Kapaun. They gave the Korea on August 10 as a field artillery forward American artillery shells, Chinese forces sur- school a crucifix, with a crown of barbed wire, observer in the 99th Field Artillery, attached to rounded them and the battalion group, on that a Jewish officer, Jerry Fink, had painstak- the 3d Battalion, 8th Cavalry Regiment, 1st the decision of the officers, broke up into ing carved in the camp in honor of Father Cavalry Division, just weeks after the June 25, small parties in the hope that some of them Kapaun. North Korean invasion of the Republic of would escape. At approximately 1600 on the After Father Kapaun's death, Walt tried se- Korea [ROK]. There he joined the thin line of afternoon of 6 November the action of the cretly to document the horror of the camp with 3rd Battalion, 8th Cavalry, as an organized American and ROK forces that held the Pusan force came to an end. Most of these men a movie camera that he had received from an perimeter against 14 North Korean divisions were either killed or captured that day . . . intermediary, Corporal Buckley of the Royal and several tank regiments. The toll was high. Ulster Rifles, from a Private First Class The entire 8th Calvary Regiment had lost By the end of his first week in combat, Lieu- Magelski. But an informant turned all three of some 600 menÐa 45-percent casualty rate tenant Mayo was the only survivor among the them in to the Chinese. Their refusal to break that meant the unit effectively ceased to exist. three original forward observers in his unit. under interrogation kept the punishment rel- By mid-September, MacArthur's landing at Walt Mayo was captured by the Chinese on atively lightÐjust over 2 months in solitary Inchon had combined with a breakout from the November 7 and marched north for 2 weeks confinement. Walt was thrown into a hole in Pusan perimeter led by the 1st Cavalry to shift to Pyoktong near the Chinese border. By the the ground so small he could neither stand up the tide of the war. The 8th Army pushed end of the march, the column of American nor lie down. He kept his sanity by scratching north to the Yalu River, crushing the remnants POW's had grown to almost 600 men. Walt out the lessons of the Jesuits in the dirt and of the North Korean army. On Halloween, the Mayo's parents were told he was missing in on scraps of paperÐmath equations, Latin 8th Cavalry Regiment was at the leading edge action. conjugations, and anything else to resist the of the American forces, at the town of Unsan Camp 5 at Pyoktong consisted initially of isolation. only miles from the Chinese border. The men these 600 men housed 15 or 20 to a room in In November 1991, Walt and the other offi- did not know it, but they had reached the high- partially destroyed sheds and houses. The cers were moved to Pingchong-ni some 8 water mark of the American advance for the men had no way to clean themselves, little miles northeast of Pyoktong. The conditions entire war. fuel, and no blankets to ward off the sub-zero improved slightly and the resolve, discipline, The Chinese Communist forces struck temperatures. They had not received winter and camaraderie rose. The British officers in American units in force for the first time of the issue clothes before they were captured, so the camp felt a particular kinship with Walt be- war on November 1. Lieutenant Mayo's unit, they only had light field jackets. The men were cause of his broad New England accent and the 3d Battalion, had established a perimeter filthy and soon became covered with lice. dubbed him the ``boy Lieutenant.'' The men near an odd-shaped bend of the Nammyon Wounds became infected and sores began to became more imaginative in their resistance to and Kuryong rivers. The unit had received or- break out and fester. The meager diet of the Chinese. They had a ``crazy week'' com- ders to withdraw, but in the morning darkness cracked corn and millet took its toll, as limbs plete with operations from an aircraft carrier of November 2 the Chinese attacked on three began to swell from beri-beri, night blindness sketched in the dirt. Helicopter pilot Johnny sides. Scores of Chinese poured into the struck and the men felt the effects of pellagra ``Roterhead'' Thornton rode an imaginary mo- American position near the battalion command and other nutritional diseases. Pneumonia, torcycle everywhere he went. Another shaved post, and the fighting quickly became hand-to- hepatitis, and dysentery afflicted the weak- his head, wore a feather, and told the Chinese hand. The men regrouped around three tanks ened soldiers. The men began to die. he was a blood brother of the Mohawk Indian and held off enemy attacks until daylight. They In February, 1951, 800 more POW's, includ- tribe celebrating national tom-tom week. The dug in during the day of November 2, pro- ing members of the Turkish Brigade, joined bonds forged there with Hank Pedicone, Bart tected by fighter-bomber strikes. Six officers, the original group at Pyoktong. Members of DeLashmet, Harry Hedlund, Sid Esensten, including Lieutenant Mayo, and 200 men were the Royal Ulster Rifles followed in April. But and others have lasted to this day. Most of all, left to fight. Some 170 wounded were brought the death toll among the weakened men who the men helped each other to survive for al- inside the small perimeter. had been in the camp through the freezing most 2 more years. The fate of the 3d Battalion was sealed winter of 1950±51 continued to climb. By the Under the terms of the Armistice signed on when the rest of the 1st Cavalry Division was late spring, more than two dozen men a day July 27, 1953, the Chinese had 60 days to re- ordered to withdraw on the evening of Novem- were dying. The death toll did not begin to turn POW's. They used that as the last oppor- ber 2. Completely cut off, the 3d Battalion had drop until August, 1951. tunity to punish the resisters. The ones who no further hope of rescue. But the men contin- The period from November 1950 until Octo- had caused the most problems were held to ued to fight, fending off wave after wave of ber 1951 was the darkest and deadliest chap- the last. Walt Mayo crossed Freedom Bridge Chinese attacksÐat least six separate attacks ter for American POW's. The Chinese did not on September 5, 1953, on the 58th day of the each during the nights of November 2±3 and feel they would have to account for the men, prisoner exchange. 3±4. As the American soldiers exhausted their so they gave them almost nothing and sought Of the 7,140 American POW's in the Korean ammunition, they crept out at night to collect to do little more than exploit and punish them. war, more than 3,000 died or were never weapons and ammunition from the dead Chi- Some Americans gave up under the pressure heard from again. The total number who died nese soldiers that littered the ground around of disease, deprivation, and despair. The vast as prisoners was probably much higher, given them. One soldier described Lt. Mayo during majority of the 2,700 American POW deaths that many of the 8,000 missing in action were this time as ``the finest combat officer I have took place in these first 11 months, with al- certainly taken by the Chinese. But we know ever seen.'' most 1,500 dying in Camp 2 alone. that at least two out of every five men died in The situation on the morning of November 4 Most men held on to their dignity and a few captivity, a toll matched only by the POW's was grim. More than 250 men lay wounded. even reached deep inside themselves to find held by the Japanese in World War II. They had almost no ammunition and the tanks reservoirs of great courage and strength. Fa- Walt Mayo said that he lived because of had long since been destroyed. The officers ther Emil Kapaun was one such man. Walt three weapons his captors could never take decided to attempt a break-out. The battalion had known Father Kapaun since the Pusan from him: faith in God, faith in his country, and surgeon, Captain Anderson, and the chaplain, perimeter, when Father Kapaun had his pipe faith in himself. He, like so many other Ameri- Father Emil Kapaun, volunteered to stay be- shot out of his mouth by a sniper. He had cans who fought in Korea, used these com- hind with the wounded. shown incredible bravery during the ``Ordeal mon values to achieve uncommon courage, E 1558 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 1995 strength, and discipline. The memorial's stark, They can also celebrate a work of beauty heartbreaks, on the way to getting a design moving depictions of weary fighting men seem and power. Given the tortured history of the approved—and the finished memorial shows to somehow capture this inner quality. It is memorial’s design, this seems almost a mir- the strain of the long, contentious process. It acle. But there it is. Situated on proud sym- cannot be said that this memorial possesses right and proper that we at long last give this bolic turf southeast of the monument to Lin- the artistic grandeur and solemnity of the due honor to Walt Mayo and the POW's who coln, in equipoise with the Vietnam Veterans Lincoln Memorial. It does not have the aes- survived; to Father Kapaun and those thou- Memorial to Lincoln’s north, the Korean me- thetic unity of Maya Lin’s Vietnam Veterans sands of Americans who lie buried along the morial is a worthy addition to the national wall. It is not quite so compelling a combina- banks of the Yalu; and to all of the veterans Mall. tion of the noble and the everyday as Henry of the Korean war. Despite some big flaws, our newest memo- Merwin Shrady’s Grant Memorial at the rial is incredibly moving. And what could other end of the Mall. But this is to put the f have been its most glaring weakness—a col- new memorial in elevated company—to- umn of realistically sculpted soldiers in com- THE SPIRIT OF VERMONT AND gether with the Washington Monument, bat formation—turned out to be its major these are our finest expressions of memorial THE NEW KOREAN WAR MEMO- strength. Unheralded sculptor Frank Gay- art. To say that the Korean War memorial RIAL lord of Barre, Vt., created 19 figures that are even comes close is a tribute. convincing individually and as a group. Without question, its worst feature is a se- HON. BERNARD SANDERS It is a case of art rendering argument su- quence of parallel strips of polished black perfluous. There were obvious dangers in the granite in the ‘‘field of service.’’ Unattrac- OF VERMONT concept of a memorial featuring a column of tive and unneeded, they threaten to reduce IN THE HOUSE OF REPRESENTATIVES battle-ready soldiers. If excessively realistic, the soldiers’ advance to the metaphorical Friday, July 28, 1995 they could be off-putting. If strung out in level of a football game. And on one side of too orderly a row, they could be deadeningly the field, they end in obtrusive, triangular Mr. SANDERS. Mr. Speaker, this week the static. And yet, if inordinately animated, blocks of granite, put there to discourage new memorial on The Mall to the brave Ameri- they could be seen as glorifying war. Indeed, visitors from walking onto the granite rib- cans who fought in the Korean war was dedi- in one of Gaylord’s early versions, they came bons. The junipers may in time cover the cated. It is long overdue that we have lasting perilously close to doing just that. strips—at least, one can hope—but these But in the end, none of this happened. bumps, unfortunately, will remain bumps. tribute in our Nation's Capital to the near 1.5 Placed dynamically on a triangular field of million Americans from Vermont and all across The wall gets a mixed review. A clever if low juniper shrubs and cast in stainless steel somewhat shameless adaptation of Maya our Nation who answered the call to stop at a scale slightly larger than life, these Lin’s idea—with faces rather than names North Korean aggression in the 1950's. gray, wary troopers unself-consciously invite etched in—it honors support troops, who al- I hope there will be many occasions when the empathy of all viewers, veteran and non- ways outnumber those on the front lines. It Vermonters will be able to visit this powerful veteran alike. is beautifully made. The heads are real ones The sculptures and triangular ‘‘field of from photographs in Korean War archives, work of art and to honor those who fought and service’’ are one of three major elements in digitally altered so that the light source is those who died in the Korean conflict. the memorial. With an American flag at its always coming from the direction of the flag. I also want to call to the attention of my col- point, the field gently ascends to a shallow, The etching is wonderfully subtle: The faces leagues that Frank Gaylord of Barre, VT, who circular ‘‘pool of remembrance’’ framed by a seem to float in a reflective gray mist. The double row of braided linden trees. There saw extensive combat action in World War II wall tugs the heartstrings, for sure, but it’s also is a memorial wall.’’ Made of huge slabs as a member of the 17th Airborne Division, also a bit obvious, a bit much. It has the feel of polished black granite, each etched with 513th Parachute Infantry Regiment, is the of a superfluous theatrical trick. shadowy faces of support troops—nurses, Fortunately, the wall does not interfere sculptor of the column of 19 poncho-swathed chaplains, supply clerks, truck drivers and too much with the sculpture, which from the soldiers featured in the Korean War Memorial. so on—the 164-foot wall forms a subtly dra- beginning has been the primary focus of this Frank Gaylord has been a professional matic background for the statues. High on memorial, It was an extraordinary challenge, sculptor for 44 years, having received his the eastern end of the wall, where it juts one of the great figurative commissions of into the pool of water, is a terse inscription. bachelor of fine arts degree from Temple Uni- the late 20th century, and Gaylord came Freedom is not free. versity in 1950. He returned to Vermont where through. To walk down from the Lincoln Me- he has worked in his own sculpture studio in The memorial was designed by Cooper Lecky Architects of Washington—although, morial and catch a first, apparitional Barre, VT for 38 years. in an important sense, the firm acted like glimpse of the soldiers, as they stalk from He has been chosen to create sculpture for the leader of a collaborative team. Impor- under the tree cover, is quite a thrill. Even municipalities, States, and educational institu- tant contributions were made by Gaylord from a distance and from the back, the gray tions throughout the United States and Can- and Louis Nelson, the New York graphic de- figures are compelling. And, as choreographed on that field, they ada, including statues of Pope John Paul II, signer of the memorial wall, and also by the Korean War Veterans Memorial Advisory become more compelling the closer you get U.S. President Calvin Coolidge from Vermont, until, with a certain shock, you find yourself and Martin Luther King, Jr. He is equally com- Board and the reviewing agencies, especially the Commission of Fine Arts. standing almost within touching distance of fortable designing sculpture using granite, Not to be forgotten are the four architects the first figure: a soldier who involves you in marble, resin, or metal as a medium. from Pennsylvania State University who the movement of the patrol by turning his Frank Gaylord's latest composition at the won the design competition back in the head sharply and signaling—Beware!—with Korean War Memorial is a moving reminder to spring of 1989—John Paul Lucas, Veronica the palm of his left hand. He is a startling, all of us of the power of art. The Washington Burns Lucas, Don Alvaro Leon and Eliza daring figure and, with his taut face and that Pennypacker Oberholtzer. This team dropped universal gesture of caution, he announces Post, in applauding his work, affirms that Gay- the beginning of a tense drama. lord's soldiers stand unpretentiously for the out after it became apparent that its origi- nal design would have to be altered signifi- It is an old device, familiar in baroque common soldiers of all wars. cantly to pass muster with the advisory painting and sculpture, to involve the viewer I am proud that one of Vermont's native board, reviewing agencies and others. The directly in the action by posture, gesture, fa- sons has bestowed this gift upon all of us, es- team sued, and lost, in federal court. cial expression. Gaylord adapted it master- pecially our Nation's deserving Korean war Key elements of the competition design re- fully here: The figures look through you or veterans. main in the final product—particularly the over your shoulders, enveloping the space be- I also ask that the text of a feature article central idea of a column of soldiers moving yond the memorial with their eyes. The air fairly crackles with the vitality of danger. about the Korean War Memorial that appeared toward a goal. But the finished product is a big improvement over the initial scheme. The soldiers communicate tersely among on July 22, 1995, in the Washington Post be It’s smaller and more accomodating—not themselves, too—in shouted commands or reprinted in the CONGRESSIONAL RECORD fol- only was the number of soldiers cut in half gestures and glances. lowing this statement. (the original called for 38 figures), but also a The most critical contact, though, may be [From the Washington Post, July 22, 1995] vast open plaza was eliminated in favor of that first one, between the visitor and that the contemplative, shaded pool. It’s easier to initial soldier. His mouth is open—you can A MARCH TO REMEMBER—MOVING MONUMENT get into and out of—the clarity of its cir- almost hear him hissing an urgent command. TO KOREA VETERANS SURPASSES THE TOR- culation pattern is outstanding. Its land- You slow down, and then you behold the field TURED HISTORY OF ITS DESIGN scaping is more natural—among other before you. There is fatigue and alertness ev- (By Benjamin Forgey) things, the original called for a grove of erywhere you look. Each figure and each face When the Korean War Veterans Memorial plane trees to be clipped ‘‘torturously,’’ as a is as charged as the next. Appropriately, the is dedicated next Thursday—the 42nd anni- symbol of war. The symbolism of the memo- gray metal surfaces are not polished and versary of the armistice ending the war—vet- rial is now simple and clear. shined. Gaylord’s rough treatment of the erans and their families will be celebrating Still, Cooper-Lecky and the advisory board matte surfaces adds to the nervous intensity an honor long overdue. went through many versions, and many of the piece July 28, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1559 It is quite a feat to give such figures such an extraordinary animation. Every gesture shaped wall invokes a cycle of life and death, a feeling of movement—they’re only walk- seems perfectly calculated to reinforce the and physically reaches out to the Mall’s ing, after all, and they’re carrying heavy irony. These ghostly soldiers in their wind symbols of union and democracy. burdens. But Gaylord performed that feat, 19 blown ponchos seem intensely real. The Korean War Veterans Memorial is times—he proved himself a master of Dedicated to the concepts of service, duty more straightforward, and speaks directly of contrapposto, another time-honored sculp- and patriotism, the new memorial stands in a specific time and place. Yet it attains an tural technique. Underneath the gray pon- sharp contrast to its companion across the unmistakable universality of its own. Gay- chos and the weight of the stuff on their Reflecting Pool. But the Korean and Viet- lord’s soldiers (and Marines and airmen) backs, these figures twist from hip to shoul- nam memorials make a complementary, not served in Korea, yes. But they also stand der and neck. Some shift dramatically, some a contradictory, pair. In honoring the sac- unpretentiously for the common soldiers of just enough, so that the ensemble takes on rifices of soldiers in Vietnam, Lin’s great V- all wars.