E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, FRIDAY, APRIL 7, 1995 No. 65 House of Representatives

The House met at 11 a.m. and was PLEDGE OF ALLEGIANCE DESIGNATING THE HONORABLE called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the FRANK WOLF AS SPEAKER PRO pore [Mr. BURTON of Indiana]. TEMPORE TO SIGN ENROLLED gentleman from New York [Mr. SOLO- BILLS AND JOINT RESOLUTIONS f MON] come forward and lead the House in the Pledge of Allegiance. THROUGH MAY 1, 1995 DESIGNATION OF SPEAKER PRO Mr. SOLOMON led the Pledge of Alle- The SPEAKER pro tempore laid be- TEMPORE giance as follows: fore the House the following commu- The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the nication from the Speaker of the House fore the House the following commu- United States of America, and to the Repub- of Representatives: nication from the Speaker. lic for which it stands, one nation under God, WASHINGTON, DC, indivisible, with liberty and justice for all. April 7, 1995. WASHINGTON, DC, I hereby designate the Honorable FRANK R. April 7, 1995. f WOLF to act as Speaker pro tempore to sign I hereby designate the Honorable DAN BUR- enrolled bills and joint resolutions through TON to act as Speaker pro tempore on this MESSAGE FROM THE SENATE May 1, 1995. day. NEWT GINGRICH, NEWT GINGRICH, A message from the Senate by Mr. Speaker of the House of Representatives. Speaker of the House of Representatives. Lundregan, one of its clerks, an- f f nounced that the Senate had passed without amendment a concurrent reso- PRAYER lution of the House of the following LEGISLATION PASSED BY THE title: COMMITTEE ON TRANSPOR- The Chaplain, Rev. James David TATION AND INFRASTRUCTURE Ford, D.D., offered the following H. Con. Res. 58. Concurrent resolution pro- prayer: viding for an adjournment of the two Houses. (Mr. SHUSTER asked and was given With the words of the Psalmist we The message also announced that the permission to address the House for 1 pray that You would search us, O God, Senate had passed with amendments in minute and to revise and extend his re- and know our hearts, try us and know which the concurrence of the House is marks.) our thoughts, and see if there be any requested, bills of the House of the fol- Mr. SHUSTER. Mr. Speaker, I am wicked way in us, and lead us in the lowing titles: pleased to inform the House that I have way everlasting. H.R. 1240. An act to combat crime by en- informed the Speaker that the Com- We pray, Almighty God, that through hancing the penalties for certain sexual mittee on Transportation and Infra- reflection and meditation, through crimes against children; and structure will be prepared to bring to study and edification, and above all H.R. 1345. An act to eliminate budget defi- the floor after our recess three major through prayer and renewed faith, we cits and management inefficiencies in the pieces of legislation that passed the will speak with truth, our minds will government of the District of Columbia committee: The Clean Water Author- through the establishment of the District of point to justice, and our hearts will be ization Act, which passed by a voice Columbia Financial Responsibility and Man- full of mercy, that in all things, You vote, the Mine Safety Act, which agement Assistance Authority, and for other passed by voice vote, and the clean will be our God and we will be Your purposes.’’ people. Bless us now in all we do and water amendments, which were adopt- The message also announced that the may Your spirit remain with us al- ed by the committee with very strong Senate agrees to the report of the com- ways. Amen. bipartisan support, a 42-to-16 vote, with mittee of conference on the disagreeing over half of the Democrats supporting f votes of the two Houses on the amend- the bill and an overwhelming 29 Repub- ments of the Senate to the bill (H.R. licans supporting the bill. THE JOURNAL 889) ‘‘An Act making emergency sup- Mr. Speaker, we hear somewhere The SPEAKER pro tempore. The plemental appropriations and rescis- word that the radical environmental- Chair has examined the Journal of the sions to preserve and enhance the mili- ists are preparing an all-out attack on last day’s proceedings and announces tary readiness of the Department of this. In fact, we have been informed to the House his approval thereof. Defense for the fiscal year ending Sep- that there may be an effort to block Pursuant to clause 1, rule I, the Jour- tember 30, 1995, and for other pur- this bill in the other body, the thought nal stands approved. poses.’’ being that if the bill can be blocked,

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H 4417 H 4418 CONGRESSIONAL RECORD — HOUSE April 7, 1995 then the flawed old law will apply with con- staff of the floor reporters in the mid- not seem right not seeing him here on tinued appropriations. 1970’s. this floor after all of these years. So I want to particularly thank the A native of Brooklyn, NY, my home Tony Tartaro, ladies and gentleman, distinguished chairman of the Appro- State, Tony attended Boys High School is a good man. He is a dear friend. He priations Committee, the gentleman there, and he later completed a course is a great patriot. He is a true credit to from Louisiana [Mr. LIVINGSTON], for in court reporting at the Heffley & this House, and we sure are going to his statement this week that where au- Brown School. His fine record of scho- miss you, Tony. You are a great Amer- thorizations do not exist there will be lastic achievement at that school truly ican. no appropriations. paved the way for his appointment as God bless you. So, for those who think that they can an instructor there and later to a job The SPEAKER pro tempore (Mr. somehow block the clean water bill, I offer at the Columbia Reporting Com- BURTON of Indiana). The gentleman’s would urge them to think twice be- pany here in Washington, where he long 1 minute has expired. cause that kind of activity could mean worked for another 19 years. And the House will miss Tony, and that there would be no funding for During World War II, Tony was in the the Chair hopes that the transcription clean water. Army, with most of his service taking is correct. Our bill provides over $3 billion a place at Fort Myer, in Arlington, VA, b year authorization. It is a strong envi- from 1942 through 1945. 1110 ronmental bill with overwhelming bi- Tony’s reputation as a model of old- INTRODUCTION OF BALANCED partisan support, and I am pleased to fashioned values is well known and BUDGET ENFORCEMENT ACT OF announce this to the House. well deserved on the floor of this 1995 f House. A true patriot, he feels pride, not embarrassment, in displaying this (Mr. VISCLOSKY asked and was ENVIRONMENTAL CLEANUP flag that you see on his lapel right given permission to address the House (Mr. BROWDER asked and was given now. And, of course, Tony loved his for 1 minute and to revise and extend permission to address the House for 1 holidays. his remarks.) minute and to revise and extend his re- Among Tony’s hobbies, perhaps the Mr. VISCLOSKY. Mr. Speaker, now marks.) most prominent has been dancing. is the time to get serious about bal- Mr. BROWDER. Mr. Speaker, the Would you believe that? And he has ancing the budget. Today I am joined American taxpayer is getting it again. been a lifelong ardent swimmer. One of by my colleagues, Representatives There are chemical stockpiles all over Tony’s other great interests has been CHARLIE STENHOLM, CALVIN DOOLEY, the United States that have to be de- the collecting of memorabilia and sou- and TOM BARRETT, in introducing legis- stroyed. The Army and FEMA have venirs relating to Congress and this lation that would put in place tough been assigned to destroy those stock- Capitol. One of his good friends, noting new measures to balance the budget by piles. Last month GAO came out with a the size of Tony’s collection, once said, the year 2002. This bill, the Balanced study called Chemical Weapons Emer- ‘‘You know, Tony must have either a Budget Enforcement Act of 1995, would gency Prepared Program Financial museum or a warehouse out there in force us to make the tough decisions Management Weaknesses. This con- Falls Church, to house all that mate- required to balance the budget. It cluded that after 6 years the program, rial.’’ and I feel sorry for his wife, would do so by setting spending caps I think, has tripled, the cost has tri- Helen. and using across-the-board cuts if the pled. The communities are not ready to A legend in friendliness and outgoing caps are not met. deal with an emergency. The Army and helpfulness, and certainly he has to be There are no exceptions. Everything FEMA cannot account for how the the best in my 16 years in this body, is on the table and, unlike Gramm- money has been spent. Tony has often taken his own time to Rudman, it has teeth. But, Mr. Speaker, I just found out guide visitors and tourists to their var- I would say to my colleagues who that next month there is a big con- ious destinations around the Capitol really want to balance the budget, here ference going on, and the Army and and to share with them his knowledge is your chance to move beyond the FEMA are sending a bunch of people to and his enthusiasm for the House of rhetoric. For those of my colleagues it. Where are they sending them? Representatives. who do not want to balance the budget, France, the Riviera. Congress and the But if Tony should be known for one do not cosponsor this bill because American taxpayer deserve some an- and only one thing, it must be his rec- under this legislation, that is exactly swers. ognition that having a loving family is what would happen. Mr. Speaker, it is time to put our f truly life’s greatest reward. Tony and Helen will celebrate their 50th wedding money where our mouth is. Let us TRIBUTE TO ANTHONY F. ‘‘TONY’’ anniversary—and is that not a wonder- start balancing the budget now. TARTARO ful event—on January 6, next year. And f (Mr. SOLOMON asked and was given Helen is not at all shy to say how permission to address the House for 1 lucky she was to have married this guy WINNERS AND LOSERS minute and to revise and extend his re- sitting next to me here. (Mr. RICHARDSON asked and was marks.) They have had two daughters, Patri- given permission to address the House Mr. SOLOMON. Mr. Speaker, sitting cia and Laura, and a set of grandtwins, for 1 minute and to revise and extend next to me, as people can see, is some- Ian and Alyssa, to whom they are ex- his remarks.) one by the name of Anthony F. tremely devoted. Members of Tony’s Mr. RICHARDSON. Mr. Speaker, now Tartaro. family are with us today, as we note that the 100 days are over, and the poli- Keep on going there, Tony. his retirement. tics, rhetoric from the Contract With Known simply as ‘‘Tony’’ to his many Have you looked around the room America have been fulfilled, maybe friends, Members of Congress, staff here, Tony? now we can get back to work as Ameri- people, and a surprising number of All of the reporters, transcribers, and cans and not as Republicans or Demo- tourists as well, he has announced his clerks in HG–60, where Tony has main- crats. retirement as a floor reporter with the tained his office for the past 15 years, The Republicans have had their shot Official Reporters of Debates, effective will feel a keen sense of emptiness and now I hope the American people May 1. when Tony does leave. listen to what Democrats and the Boy, are we going to miss this won- We wish Tony and Helen all the best President have to offer in the days derful guy. He is truly the dean of the in happiness and health in their com- ahead as alternatives. It is critical that Reporters of this House, having joined ing years of retirement. we have alternatives and not be viewed the staff of the Official Reporters of They expect to remain in the Wash- as obstructionists. Committees in 1966, and serving there ington area, as I understand it, and we Mr. Speaker, who are some of the for a period of time as the Chief Re- look forward to Tony’s visiting us as winners in the first 100 days? Lobby- porter. Tony then transferred to the often as he possibly can, because it will ists, Exxon, people who make over April 7, 1995 CONGRESSIONAL RECORD — HOUSE H 4419 $200,000, Rupert Murdoch, big business. forts to reform lobbying and gift rules and ing special interests, not the American At times the contract did not seem like campaign financing; transferred $1.1 billion people and family. a revolution, but an auction. that was feeding women, infants and chil- As citizens all across America pre- Who are some of the losers? Kids, dren into a windfall profit for big drug com- pare to celebrate the 25th anniversary panies; and, let lobbyists undo Federal pro- students, minorities, women, environ- tection for food, health, and safety. of Earth Day, the silver anniversary, mentalists, and the middle class. Who has paid for this unprecedented array tarnished and corrosive effect is taking Mr. Speaker, I will give this to the of special breaks and privileges is equally place on the environment. I am deeply Republicans: They deserve credit for clear. troubled, and Americans are, that in their tenacity and discipline. The ques- Who lost: America’s working families and our Nation’s Capital the 104th Repub- tion is, are they ready to govern in a their children, and our senior citizens. They lican Congress is working furiously to bipartisan basis or is the 100 days Con- clearly lost, as the GOP Congress sought to: destroy almost all that has been ac- tract With America simply going to be Cut school lunches and nutritional standards complished in the last three or four for meals served in schools; slash national politics as usual? college scholarships and increase the cost of decades. f student loans for almost five million fami- This Contract on America has turned lies; cut the 100,000 cops program to put more into a contract on America’s land- LOSERS IN THE REPUBLICAN police in neighborhoods; cut aid for needed scapes, on our parks, on our wilder- CONTRACT school reform; decimate job training and nesses, on America’s air, contract on (Mr. DINGELL asked and was given eliminate more than one million summer America’s drinking water, on Ameri- youth jobs; cut funds for Big Bird and Ses- permission to address the House for 1 ca’s rivers and natural and historic re- ame Street as well as other educational TV sources and this contract will take a minute and to revise and extend his re- programming; weaken Federal protection for marks.) our drinking water, food, and automobiles; terrible toll. Mr. DINGELL. Mr. Speaker, the first make huge cuts in Medicare; abandon Ameri- This environmental assault is an in- 100 days has made clear what the Re- ca’s promise to our senior citizens by oppos- sult to the American people. But the publicans are up to. The contract on ing Democratic efforts to protect Social Se- American citizens can do something America gives new meaning to the curity from budget balancing plans; and, about it the next 3 weeks. You can words ‘‘women and children first.’’ Pro- eliminate home heating assistance for senior make our policymakers see the light or citizens and working * * *. grams that benefit working Americans feel the heat. They need to be force- A CONTRACT ON MICHIGAN are being cut, not for deficit reduction, fully reminded that environmental but for rewards and tax reductions to Winners: Billionaires, Washington lobby- policies and laws are not brutally at- ists and well-heeled special interests got special interests. Who lost? Women, tacked, were not forged through par- huge tax breaks and unprecedented access tisan warfare. They were not the work children, students, working middle- and influence in the GPO’s first 100 days. class families and the elderly. Spend- Who Paid For It: Working families, chil- of Democrats or Republicans alone; ing for school lunches, nutrition pro- dren and seniors in Michigan. rather, they are uniquely derived from grams like WIC, senior housing, and 1. Michigan Loses Education and Job Op- years of deliberation, of listening and even Medicare have been slashed. Sum- portunities. responding to core conservation values. mer jobs programs for disadvantaged 151,594 Michigan students will pay more for That is right, let us have some con- youth, low income heating, housing as- student loans. servation in those that claim to be con- 620 of Michigan’s kids won’t participate in sistance for over 5 million low-income servatives in this Congress. national service and earn college tuition. Those environmental laws and poli- and elderly families have been termi- 458,200 Michigan residents will not benefit nated. from an increase in the minimum wage. cies have been derived from the ethic of the American people. These policies b 527 entire Michigan schools districts will 1115 lose money to make schools safe and drug are based on the wisdom of Americans Cuts in the program have taken place free. who by experience, education, and eth- for more than 100,000 police on our 3,800 Michigan special needs students will ics understand that there are some city’s streets. New school loans, pro- lose the extra help they need to learn and areas of this vast Nation that should grams for students are being targeted succeed. not be despoiled. 42,900 Michigan kids will lose summer jobs. Let us take back the environment. and being cut. Even Social Security is 2. Michigan Loses: Feeding and Housing at risk. Our Children and Senior Citizens. Let us make these individuals that are Half the tax cuts benefit Americans 743,665 Michigan children are in danger of advancing these policies see the light with incomes over $100,000. That is the losing their school lunches. or feel the heat. richest 12 percent of Americans. In 188,089 mothers will lose some or all of the f fact, the top 1 percent of the wealthy help they receive to provide nutritious food people get more benefits than 65 mil- and milk to their infants and children. THE NEXT 2,000 DAYS IN lion families at the bottom. 9,930 Michigan children are at risk of los- CONGRESS ing access to safe, affordable child care. Repeal of corporate minimum tax 377,883 Michigan senior citizens, families (Ms. JACKSON-LEE asked and was provisions will result in many of our and kids will lose heating assistance they de- given permission to address the House largest and most profitable corpora- pend on to get through the winter. for 1 minute and to revise and extend tions paying no taxes. 32,852 Michigan families who could have her remarks.) The contract effectively repeals counted on an FHA loan to buy their first Ms. JACKSON-LEE. Mr. Speaker, as major provisions of environmental law homes are in danger of losing their only ac- I watched the celebration that was cess to an affordable loan. meant to preserve human health and misdirected on the Capitol steps this the quality of our air, water, soil, and, 3. Michigan Loses: Safer Streets. 387 fewer cops will walk Michigan’s streets morning, Republicans celebrating what indeed, our life. as a result of the Republican Contract. was 100 days of gimmickry, I wondered Republicans pushed term limits be- 561 new cops are keeping Michigan commu- whether or not we really needed to lis- cause they know it could not pass rath- nities safer because of Democratic initia- ten to those who were not able to come er than addressing the real problem by tives in 1994. to the U.S. Capitol, for as we look at reforming our broken campaign fi- f some of the headlines saying ‘‘Senate nance system. Battle Lines Forming Over Possible WHO WON, WHO LOST—A SUMMARY CONTRACT ON THE ENVIRONMENT Tax Cuts,’’ when we see the headlines The story of who and who lost in the first (Mr. VENTO asked and was given ‘‘GOP Gets Mixed Review From Public 100 days of the Republican Congress is clear. permission to address the House for 1 Wary on Taxes,’’ and when we find out Who won: Billionaires, corporate interests, minute and to revise and extend his re- that ‘‘Despite Change on Hill, Public and wealthy Americans who can hire lobby- marks.) Still Remains Critical,’’ then we must ists to protect and promote their interests in Mr. VENTO. Mr. Speaker, with the ask the question, did we come here to the GOP Congress. They clearly won, as the GOP Congress sought to: Provide special ac- new Republican majority, Americans follow political polls or to be states- cess for GOP lobbyists; provide tax cuts for had hoped for the best. Now we know, men and stateswomen. the wealthiest Americans; wipe out the cor- after 3 months, to expect the worst in Thomas Jefferson did not have a poll, porate minimum tax; ignore Democratic ef- terms of Republican partisanship, serv- but he tried to do what was right, and H 4420 CONGRESSIONAL RECORD — HOUSE April 7, 1995 Ben Franklin, Abe Lincoln, and Frank- If we are going to have a real debate WE KEPT EVERY PROMISE lin Delano Roosevelt. about where America should go, they (Mr. HOKE asked and was given per- This past week marked the 27th anni- ought to have a program. mission to address the House for 1 versary of the killing of Dr. Martin Lu- I heard a little bit of a program in minute.) ther King, a simple American who tried one speech earlier today. It sounded to Mr. HOKE. Mr. Speaker, to listen to to do what was right. me as though they are willing to coun- the strident shrieking, incredibly hard I wonder what the bus drivers, I won- tenance across-the-board cuts in Social words and tone from the other side of der what the waitresses and teachers Security. Now, that would be an inter- the aisle, you would think there was and people who work think about what esting debate. I hope that we have that only one party that was voting for the we have done. kind of debate on the floor. items that we call the Contract With I tell you what they want, and I hope Republicans have said in our budget America. that we go forward to make sure that we will protect Social Security. We are But when you analyze the votes, you we have summer jobs for our young going to balance the budget by the find out some very interesting things. people this summer and not long, hot year 2002. That is going to be the chief First of all, this had bipartisan support summers. I hope we will get an energy work of the days ahead. We will not for every single vote that was cast. If policy that will help create jobs in this touch Social Security. you look at the average vote for con- Nation so that people can truly work. I Today I heard on the floor the begin- tract legislation in the House, exclud- hope that we will have job training for nings of an effort by some Democrats ing eight contract items the very first those people who have lost their jobs to say that what they are willing to do day, you had an average of 316 ‘‘yes,’’ because of transition and technology is balance the budget and do it by 110 ‘‘no.’’ If you include those eight and put the middle-class working man countenancing an across-the-board cut items from the first day, you have an and woman back to work who have lost in Social Security. It should be a very average of 337 ‘‘yes,’’ 90 ‘‘no.’’ Seventy- their jobs. interesting debate. seven percent, 77 percent of the House And then I hope we do something We would like to hear something voted ‘‘yes’’ on contract items. about children who are being molested positive out of them, not just criti- That means that we were not voting in our streets and develop a national cism. as Republicans and Democrats, but oc- registration for child molesters so you casionally we were also voting as f will know when they come into your Americans, Americans first, and when neighborhoods. the gentleman from Florida says that YES, AMERICA, WE ARE Lastly, I hope this country recog- we were listening to America, he is ab- LISTENING nizes that each and every American de- solutely right, because there was an- serves an affordable house to live in. (Mr. GOSS asked and was given per- other very powerful intuitor of what That is what this Government should mission to address the House for 1 the American people want, in 1992, and be about, not about gimmicks and ad- minute and to revise and extend his re- he promised to end welfare as we know miration of one man who is the Speak- marks.) it, he promised a middle-class tax cut, er, because we think we are following Mr. GOSS. Mr. Speaker, the gentle- he promised to lift the Social Security campaign pledges. woman from Texas spoke about hopes. earnings test, he promised a line-item I hope the next 2,000 days in the U.S. She enumerated hopes. We all share veto, and he reneged on every single Congress will be representative of the the hopes for our country. We all have promise, and we have kept every single people of America, diverse, different, great aspirations. We all are doing our one of those promises. speaking different languages, looking best to meet the challenges of this Na- differently, but caring about one thing, tion. I think it is fair to say our hopes f and that is freedom and opportunity. are the same. f It is just how we achieve those hopes JOIN US IN MAKING AMERICA is a little different. We come to Wash- STRONG CONTRACT WITH AMERICA WAS ington with a plan. We are putting that (Mr. SHADEGG asked and was given WILDLY SUCCESSFUL plan into effect, and we hope it is going permission to address the House for 1 (Mr. WALKER asked and was given to solve problems rather than sustain minute and to revise and extend his re- permission to address the House for 1 problems, which is what the program of marks.) minute.) the previous 40 years has done. Mr. SHADEGG. Mr. Speaker, this is a Mr. WALKER. Mr. Speaker, the Con- This is a great country, and this is a new day in America, a great new day. tract With America was a wildly suc- great Chamber. We can express dif- It is a day where we talk about prom- cessful effort in large part because the ferent views here and still have the ises made and promises kept. American people were promised some- same hopes for our great Nation. The speaker before me made the thing specific in terms of legislation, The gentlewoman has said that we point this is not a contract that was not generalities, but specific promises, have followed the polls. That is back- partisan. It is a contract which cap- and those promises were kept. wards. The polls have followed us in tures the American people’s dreams Day in and day out on this floor a this. and begins the process of starting group of politicians came together and The gentlewoman has said that our change in America. kept their promises to the American agenda is somehow gimmickry. I do The eight first-day reforms received people. not think so. It has achieved a great an average of 397 votes; 160 of my col- Today we have heard the reply of the deal of bipartisanship and support. If leagues on the other side joined us in Democrats on the floor. The Democrats you look at every single vote that was those reforms. The average of the bills can reply only out of fear and only taken, it had people from both sides of in the Contract With America received with negativism. the aisle supporting our agenda. 316 votes. That is more than 70 of our Time and time again we have The difference is we have been listen- Democratic colleagues who joined us in brought to the floor pieces of specific ing to America while they have been passing those reforms. legislation, and all we have heard is defending 40 years of programs that do Our predecessors promised to end criticism. They have no program. They not work. welfare as we know it. They promised a have only criticism. They have no posi- Yes, America, we are listening, and middle-class tax cut. They promised to tive view of America. They have only we are beginning, and we are going to begin making Government smaller and negativism. They have no program for go forward, and together in a biparti- more responsive, and they failed over the future. They have only fear. san way we are going to achieve reality and over again. Day in and day out we have heard for those hopes so that everybody in The American people want change. them bring this to the floor, and we America is truly an American with a The Contract With America delivered have heard it again today. That is too quality of life that measures the Amer- change. It is the beginning of a tremen- bad. ican dream we all have. dous process. April 7, 1995 CONGRESSIONAL RECORD — HOUSE H 4421

Now, the challenge ahead of us is to the Senate amendments be considered CLINGER], who guided all of us in this balance the budget. I invite the Amer- as read and printed in the RECORD. endeavor. ican people, I invite my colleagues to The SPEAKER pro tempore (Mr. This will bring closure to the first join us in that challenge. It is immoral BURTON of Indiana). Is there objection step in restoring our Nation’s Capital to continue to put the burden of the to the request of the gentleman from City. debt and the deficit they created in the Virginia? I have enjoyed working with all the last 40 years on our children and our There was no objection. Members and with the truly respon- grandchildren. The SPEAKER pro tempore. Is there sible members of city government. Join us, I urge you. We are going for- objection to the original request of the Again, it is a bipartisan effort that ward to make America strong and bet- gentleman from Virginia? we all can take pride in, and I urge ter and to give it back to the people, Ms. NORTON. Mr. Speaker, reserving unanimous support. the people who own it, the people who the right to object, I yield to the sub- Mr. Speaker, I rise in strong support of H.R. made it, the people whose taxes make committee chairman, the gentleman 1345, the District of Columbia Financial Re- it run and who believe in this agenda from Virginia [Mr. DAVIS], to explain sponsibility and Management Assistance Act and in us. the nature of the Senate amendments. of 1995, as amended by the Senate last night. f Mr. DAVIS. Mr. Speaker, I thank the The amendments made by the Senate are, gentlewoman for yielding. DISTRICT OF COLUMBIA FINAN- for the most part, clarifying in nature. The The Senate has passed the District of amendment on page 7 involves the relation- CIAL RESPONSIBILITY AND MAN- Columbia Financial Responsibility and ship of the Authority with the District of Colum- AGEMENT ASSISTANCE ACT OF Management Assistance Act with sev- bia courts. The amendment on page 12 clari- 1995 eral technical and clarifying amend- fies the applicability of certain employment ments and has returned it to the Mr. DAVIS. Mr. Speaker, I ask unan- and procurement laws to the Authority's Exec- House. imous consent to take from the Speak- utive Director and staff. The Houses are not in formal dis- ers’ table the bill (H.R. 1345) to elimi- The amendment on page 10 of the House nate budget deficits and management agreement on the issue. I do not find the amendments to be in conflict with engrossed bill modifies a provision of the leg- inefficiencies in the government of the islation dealing with the required qualification District of Columbia through the es- the nature or the purpose of the bill as for appointment to the District of Columbia Fi- tablishment of the District of Colum- passed by the House, and I am prepared nancial Responsibility and Management As- bia Financial Responsibility and Man- to accept them and send them, send the sistance Authority. As the bill now before us agement Assistance Authority, and for bill, to the President for his signature. reads, persons appointed to the Authority other purposes, with Senate amend- The amendments deal with such must all ``be individuals who maintain a pri- ments thereto, and concur in the Sen- items as ensuring that the courts are mary residence in the District of Columbia or ate amendments. protected, the application of District who have a primary place of business in the The Clerk read the title of the bill. laws to the Authority, and a clarifica- District of Columbia.'' The Clerk read the Senate amend- tion of the qualification of the mem- This is a useful change because while main- ments, as follows: bers of the Authority. Ms. NORTON. Mr. Speaker, I further taining the requirement that all appointees Senate amendments: have clear ties to the District, it at the same Page 7, line 2, strike out ‘‘or’’ reserve the right to object. Page 7, line 6, strike out ‘‘States.’’ and in- (Ms. NORTON asked and was given time broadens the pool of persons eligible to sert ‘‘States;’’ permission to revise and extend her re- be selected. In that regard, I think it is clear Page 7, after line 6, insert: marks.) that having ``a primary place of business in the (3) to amend, supersede, or alter the provi- Ms. NORTON. Mr. Speaker, further District'' is broader than having to own a busi- sions of title 11 of the District of Columbia reserving the right to object, I, too, ness here. There are certainly many people Code, or sections 431 through 434, 445, and have examined the amendments, and I who are not the actual owners of a business 602(a)(4) of the District of Columbia Self- located in the District, but whose primary Government and Governmental Reorganiza- will not object to them. tion Act (pertaining to the organization pow- I am inserting a statement from the place of business is there. For example, an ers, and jurisdiction of the District of Co- gentlewoman from Illinois [Mrs. COL- accountant who works for an accounting firm lumbia courts); or LINS], the ranking minority member of in the District of Columbia can surely be said (4) to authorize the application of section the Committee on Government Reform to have the District as their primary place of 103(e) or 303(b)(3) of this Act (relating to issu- and Oversight, and the gentlewoman business. ance of subpoenas) to judicial officers or em- from Texas [Ms. JACKSON-LEE] at this Owning a business, and doing business are ployees of the District of Columbia courts. point in the debate. not necessarily the same thing, and not every- Page 10, strike out lines 7 to 9 and insert: (4) maintains a primary residence in the Mr. WALSH. Mr. Speaker, will the one who has a primary place of business is District of Columbia or has a primary place gentlewoman yield? the owner of that business. of business in the District of Columbia. Ms. NORTON. Further reserving the Mr. Speaker, this is a good compromise Page 12, strike out lines 17 to 24, and in- right to object, I yield to the gen- with the Senate and I urge my colleagues to sert: tleman from New York. agree to H.R. 1345 as amended by the State. (c) INAPPLICABILITY OF CERTAIN EMPLOY- Mr. WALSH. Mr. Speaker, I will be Mr. CLINGER. Mr. Speaker, will the MENT AND PROCUREMENT LAWS.— very brief. gentlewoman yield? (1) CIVIL SERVICE LAWS.—The Executive Di- I just would like to say that it has Ms. NORTON. Further reserving the rector and staff of the Authority may be ap- pointed without regard to the provisions of been my great pleasure to work with right to object, I yield to the gen- title 5, United States Code, governing ap- the distinguished Delegate from Wash- tleman from Pennsylvania, the distin- pointments in the competitive service, and ington, our Nation’s Capital, who guished chairman of the full commit- paid without regard to the provisions of serves with such grace and distinction, tee. chapter 51 and subchapter III of chapter 53 of the gentlewoman from the District of Mr. CLINGER. Mr. Speaker, I thank that title relating to classification and Gen- Columbia [Ms. NORTON], and it has the gentlewoman for yielding to me. eral Schedule pay rates. been my pleasure also to work on this I just want to rise and commend you (2) DISTRICT EMPLOYMENT AND PROCURE- bill with the gentleman from Virginia and the gentleman from Virginia [Mr. MENT LAWS.—The Executive Director and staff of the Authority may be appointed and [Mr. DAVIS], a freshman Member from DAVIS], the gentleman from New York paid without regard to the provisions of the Virginia, and the people of Northern [Mr. WALSH], and the gentleman from District of Columbia Code governing ap- Virginia showed great wisdom in send- California [Mr. DIXON] for a truly, I pointments and salaries. The provisions of ing this young man to us at this time. think, historic bipartisan effort to the District of Columbia Code governing pro- This was a bipartisan bill, passed bring to the District of Columbia the curement shall not apply to the Authority. unanimously by the House under the kind of control that I think is going to Mr. DAVIS (during the reading). Mr. leadership of the committee chairman, be necessary to restore the District to Speaker, I ask unanimous consent that the gentleman from Pennsylvania [Mr. fiscal sanity. H 4422 CONGRESSIONAL RECORD — HOUSE April 7, 1995 b 1130 Home Rule Act jurisdiction of the elected fiscal year. If the council is able to raid the You have been absolute giants in board of education. Although no agency is school system's budget late in the fiscal year, achieving this, and I think it is so im- protected from cuts that may be necessary to the board may be unable to balance its budg- portant this has been a bipartisan ef- bring the city's budget as a whole into line, et. Every effort should be made to do careful fort. I think it was absolutely essential Congress does not intend that there be raiding planning to avoid sudden and unplanned cuts. that we got together as a Congress to of the school system budget. The Authority Finally, the Congress is particularly con- accomplish this, so my hat is off to all and, if necessary, the Congress itself will en- cerned that there be no political influence in of you. It was not an easy job. I know force the board of education's existing legal the operation of the schools or in matters such the hours, the days, the weeks that prerogatives. as the awarding of contracts. were involved in it. The gentleman Nor does the Congress endorse recent im- Mrs. COLLINS of Illinois. Mr. Speaker, I am from Virginia [Mr. DAVIS] particularly plications that it would be best for the Board delighted that the District of Columbia Sub- who was the chief architect of this, he of Education, the school system, or the Super- committee's ranking member, ELEANOR deserves all the credit that he is going intendent to be under the jurisdiction of other HOLMES NORTON, and the subcommittee's to receive for accomplishing this, and elected officials. The residents of the District, Chair, TOM DAVIS, were able to reach agree- to the gentlewoman from the District elected officials, or the Authority may make ment with members of the other body on of Columbia [Ms. NORTON] I say, appropriate recommendations in this regard. minor technical changes in this bill. Their de- ‘‘Again thank you so much for all you However, it is not appropriate for Congress to termination to produce a bipartisan and bi- have done to make this happen.’’ make such a significant change without receiv- cameral piece of legislation has paid off for Ms. NORTON. Mr. Speaker, I thank ing a recommendation pursuant to hearings them and for the residents of the District of the distinguished gentlemen for their and a thoughtful process, and Congress has Columbia. These two members are to be com- kind and gracious remarks and for all no evidence that would warrant such a change mended for their fine work. of their unyielding help and determina- at this time. In H.R. 1345, Congress has made H.R. 1345, the District of Columbia Financial tion during this very difficult process. only those changes necessary to meet the fi- Responsibility and Management Assistance I am pleased that it is at an end and it nancial emergency that is the subject matter Act, is a carefully crafted bill which balances has received such remarkable support of this legislation. the interests of the District and Federal Gov- in this House, in the Senate, and I ap- The Home Rule Charter establishes the ernments. It provides the District with the relief plaud especially the efforts of the sub- Board of Education as an independent agency it desperately needs from the extreme finan- committee chairman, the gentleman of the District government and gives it the cial crisis confronting it, while it also assures from Virginia [Mr. DAVIS], who has statutory authority and jurisdiction to determine the continued delivery of essential public serv- worked untiringly for fair results. all questions of general policy related to the ices to local residents, Federal agencies, and Ms. NORTON. Mr. Speaker, in the bill origi- schools, direct expenditures, appoint the su- the many millions of our constituents who visit nally passed by the House, we set out to re- perintendent of schools, enter into negotiations the Nation's Capital each year. quire that members of the Authority have a and binding contracts, provide state certifi- I will continue to work closely with Chairmen stake in this city, and used as evidence the cation for personnel, and control the use of CLINGER, TOM DAVIS, and ELEANOR NORTON, payment of personal income or business taxes public school buildings and grounds. While to ensure that the Congress does its fair share in the District. As part of the technical amend- H.R. 1345 gives line-item authority over the to help restore the District's financial health ments adopted in the Senate, this language, school system's budget to the Mayor and city and bring an end to the need for this new Au- for the purpose of clarification, was modified to council, it is not intended to change the rela- thority. I want to see the District back on its require members to maintain a primary resi- tionship between the board of education and feet, and soon. dence or have a primary place of business in city council. Just as the Authority should not I am pleased that this bill won the unani- the District. As with the original House provi- be able to reorder the priorities of the Mayor mous support of our Members when it was sion, it is intended that members of the Au- and the city council, the Mayor and the council considered on the House floor earlier this thority have a clear tax-based stake in the Dis- should not be able to reorder the board of week. It deserved the same here today. trict. Such a stake exists where a person pays education's educational priorities. Ms. JACKSON-LEE. Mr. Speaker, I rise personal income taxes or, because his or her Elected officials and the Authority need to today in support of the District of Columbia Fi- primary place of business is headquartered in be especially vigilant in guarding the school nancial Responsibility and Management As- the District, pays business taxes to the Dis- board's independence. Because there is no sistance Act. This act will create a presi- trict. Such a stake, however, clearly does not bright line between budget and policy, it would dentially-appointed Financial Control Board to exist where a person merely, by virtue of em- not be difficult to trespass into the legitimate oversee the budget and finances of the District ployment, works in the District but pays no areas reserved for the school board. One im- of Columbia government. business taxes in the District. As an indication portant way to avoid this problem is, before a The city of Washington, DC, is our Nation's of this intent, the Senate agreed to eliminate final decision is made on any line-item cut in Capital and I believe that the U.S. Congress a requirement of employment in one of its pro- the school system's budget, there should be has a responsibility to ensure that this city re- posals. By so doing they agreed to the elimi- collaboration and an effort to reach consensus mains financially solvent and a shining exam- nation of individuals who work for the govern- among elected officials and the superintendent ple of our Nation's commitment to cities. ment or for private employers but live else- of schools. This is how the Mayor and the As a former member of the city council of where and pay no personal or business taxes council will relate to the Authority and it is how the city of Houston, TX, I clearly understand in the District of Columbia. As reiterated in they in turn should relate to the schools. the critical issues confronting many of our Na- each of the hearings on this legislation held by We note that District of Columbia elected of- tion's cities, such as a shrinking tax base, high the House Subcommittee on the District of Co- ficials have worked collaboratively in the past unemployment, an increase in crime and, in lumbia, such basic stakeholdership is critical to establish a formula for public school funding many instances, a loss of hope among many to the ultimate legitimacy and success of such similar to funding formulas in many school dis- residents. authorities. tricts, and these efforts should be continued. Some Americans believe that we should Section 202(g) allowing line-item authority Since Congress gave the district authority to abandon our cities. However, I still strongly by the Mayor and the city council is necessary cut the school system's budget during the fis- believe in our Nation's cities. They deserve during the control period because the finances cal year, that authority has been used to make our unequivocal support to become economi- all of the revenue of the District must be treat- large cuts in the school system's budget late cally viable again. Our cities also deserve our ed as a whole and the same financial dis- in the fiscal year. September is the time in the support because they serve as central places cipline applied in the same fashion to all units fiscal year when the city scrambles to balance where all Americans can assemble to cele- that are funded by the District of Columbia its budget by ordering cuts to make up for brate our common cultural heritage. government. Home rule requires that first the agency overspending. These actions desta- I applaud my colleagues, ELEANOR HOLMES school board and then the Mayor and the city bilize school operations and directly impact on NORTON of the District of Columbia and THOM- council initiate any necessary designation and local funding. While it is true that the school AS DAVIS of Virginia for their efforts to secure realignment of expenditures before any action system spends most of its budget at the be- passage of this bill. After this bill becomes law may be taken by the Authority. Therefore, ginning of the fiscal year, and spending activi- and the Financial Control Board completes its there was no way to avoid line-item authority ties drop during the summer months, the sys- work, I believe that the District of Columbia by any of the city's elected leaders. However, tem needs its budgeted money to reopen will emerge as an even greater city and a Congress intends no interference with the schools in September, the last month in the powerful symbol of our Nation's promise. April 7, 1995 CONGRESSIONAL RECORD — HOUSE H 4423 Ms. NORTON. Mr. Speaker, I with- The SPEAKER pro tempore. Under a not, and are not intended to, satisfy draw my reservation of objection. previous order of the House, the gen- anyone’s or everyone’s concerns, and The SPEAKER pro tempore (Mr. tleman from Maryland [Mr. WYNN] is the options I have incorporated are not BURTON of Indiana). Is there objection recognized for 5 minutes. exhaustive, nor are they mutually ex- to the initial request of the gentleman [Mr. WYNN addressed the House. His clusive. But I believe they do set forth from Virginia? remarks will appear hereafter in the the major issues we must address, and There was no objection. Extensions of Remarks]. provide mechanisms for doing so that A motion to reconsider was laid on f are reasonably calculated to put this the table. The SPEAKER pro tempore. Under a problem behind us. They are intended f previous order of the House, the gentle- to move the dialog on this issue to the woman from Idaho [Mrs. CHENOWETH] is next stage. DISPENSING WITH CALENDAR recognized for 5 minutes. The regulators have now presented WEDNESDAY BUSINESS ON quite clearly the nature, extend, and [Mrs. CHENOWETH addressed the WEDNESDAY, MAY 3, 1995 urgency of the problem, and discussed House. Her remarks will appear here- a range of options available to the Con- Mr. WALSH. Mr. Speaker, I ask after in the Extensions of Remarks]. unanimous consent that the business gress in general terms. It is my hope f in order under the Calendar Wednesday that these bills will now move us to rule be dispensed with on Wednesday, The SPEAKER pro tempore. Under a focus more concretely on the elements May 3, 1995. previous order of the House, the gen- of any meaningful resolution, and The SPEAKER pro tempore. Is there tleman from Oregon [Mr. DEFAZIO] is allow us to begin to work with the ad- objection to the request of the gen- recognized for 5 minutes. ministration, the regulators, and af- tleman from New York? [Mr. DEFAZIO addressed the House. fected parties to identify the specifics There was no objection. His remarks will appear hereafter in of alternative solutions, assess and f the Extensions of Remarks]. evaluate them, and then select a course f of action. AUTHORIZING THE SPEAKER AND The SPEAKER pro tempore. Under a I. THE PROBLEM MINORITY LEADER TO ACCEPT previous order of the House, the gen- RESIGNATIONS AND MAKE AP- The art of governance is not address- tleman from New York [Mr. OWENS] is ing crises. It is anticipating them and POINTMENTS NOTWITHSTANDING recognized for 5 minutes. ADJOURNMENT developing public policy options that [Mr. OWENS addressed the House. will preclude their occurrence. In this Mr. WALSH. Mr. Speaker, I ask His remarks will appear hereafter in sense, the Congress now has a rare op- unanimous consent that, notwithstand- the Extensions of Remarks]. portunity. ing any adjournment of the House until f Had we anticipated and addressed the Monday, May 1, 1995, the Speaker and The SPEAKER pro tempore. Under a problems posed by an undercapitalized the minority leader be authorized to thrift insurance fund in the mid-1980’s, accept resignations and to make ap- previous order of the House, the gen- tleman from Illinois [Mr. LIPINSKI] is we would never have faced the thrift pointments authorized by law or by the crisis of 1989. Despite warnings from House. recognized for 5 minutes. [Mr. LIPINSKI addressed the House. myself and others, the Congress did not The SPEAKER pro tempore. Is there anticipate, and the result was an enor- objection to the request of the gen- His remarks will appear hereafter in mous burden placed on the American tleman from New York? the Extensions of Remarks]. taxpayer in the FIRREA legislation. There was no objection. f f The SPEAKER pro tempore. Under a A. DIFFICULTIES CONFRONTING SAIF previous order of the House, the gen- How, different but related problems SPECIAL ORDERS tleman from California [Mr. FILNER] is confront us again. All of the relevant The SPEAKER pro tempore. Under recognized for 5 minutes. regulators, the Treasury Department, the Speaker’s announced policy of Jan- [Mr. FILNER addressed the House. and the GAO—in a report commis- uary 4, 1995, and under a previous order His remarks will appear hereafter in sioned by myself and Senator of the House, the following Members the Extensions of Remarks.] D’AMATO—have officially alerted the will be recognized for 5 minutes each. f Congress that we have serious prob- lems which must be addressed in the f CONGRESS MUST ACT NOW TO near term. In summary, those problems The SPEAKER pro tempore. Under a PRESERVE INTEGRITY OF DE- are as follows: previous order of the House, the gen- POSIT INSURANCE PROGRAM The SAIF insurance fund is seriously tleman from Michigan [Mr. SMITH] is undercapitalized just at the point it recognized for 5 minutes. The SPEAKER pro tempore. Under a previous order of the House, the gen- will newly have to assume responsibil- [Mr. SMITH of Michigan addressed tleman from New York [Mr. LAFALCE] ity for thrift failures from the RTC ef- the House. His remarks will appear is recognized for 5 minutes. fective July of this year; the mecha- hereafter in the Extensions of Re- Mr. LAFALCE. Mr. Speaker, today I nism by which thrift premiums are di- marks.] am introducing several bills designed verted to pay the interest on the FICO f to address the serious problems posed bonds, which were issued to pay for the The SPEAKER pro tempore. Under a for the Savings Association Insurance thrift failures of the 1980’s, is no longer previous order of the House, the gentle- Fund [SAIF] by the current obligations viable. According to the FDIC, there is woman from Ohio [Ms. KAPTUR] is rec- imposed on the thrift industry and the no question that there will eventually ognized for 5 minutes. pending disparity between the pre- not be sufficient thrift premium in- [Ms. KAPTUR addressed the House. miums paid by BIF-insured and SAIF- come to service the FICO obligations. Her remarks will appear hereafter in insured institutions. The only question is when that defi- the Extensions of Remarks.] Not too many weeks ago, many were ciency will occur; and, finally, within denying that a problem even existed. the next few months there will be a f The discussion has now proceeded past premium disparity between BIF-in- The SPEAKER pro tempore. Under a that stage, and I believe there is a sub- sured and SAIF-insured institutions of previous order of the House, the gen- stantial consensus the problem is real as much as 20 basis points. Such a sub- tleman from Florida [Mr. BILIRAKIS] is and should be addressed quickly—be- stantial differential could adversely af- recognized for 5 minutes. fore it becomes a crisis. fect the thrift industry in a number of [Mr. BILIRAKIS addressed the There are a multitude of competing ways, inhibiting its ability to raise House. His remarks will appear here- interests involved in the resolution of capital; placing it as a serious competi- after in the Extensions of Remarks.] this difficult problem. These bills need tive disadvantage; causing higher rates H 4424 CONGRESSIONAL RECORD — HOUSE April 7, 1995 of thrift failures; and providing incen- There is, however, yet another op- nomic downturn or the unanticipated tives for legal and regulatory maneu- tion—lowering the standards which failure of a large thrift could bankrupt vering that will further reduce the govern the reserves which must be held the fund. We cannot afford to run that moneys available to recapitalize the by the insurance funds to protect the risk. SAIF and service the FICO obligations. depositor. That is an option I would As we move to devise a solution, we B. FINDING A SOLUTION hope we’d reject. must have an eye to the longer term. Some have voiced concerns that the Some of the options I put forward Some have suggested that it is time to may be viewed as hitting the thrifts regulators or the administration have stop talking about banks and thrifts too hard. Others may be seen as plac- not recommended a specific solution. I and start talking about moving toward ing unjustified burdens on the banking believe they have done as they should one industry, one charter, and one reg- industry. Still others may be criticized have done, at least thus far—alerted us ulator. That is an issue which merits for their reliance on excess RTC funds to the problem, defined it fairly and serious deliberation, and issues like the which have already been authorized clearly, and provided several alter- bad debt reserve which could inhibit and appropriated for what I believe are native solutions which would address such movement from occurring natu- comparable purposes. Those criticisms it, which discussing the policy advan- rally warrant examination. are not my key concerns, although I tages and disadvantages of each. None But if that is our ultimate goal—a will certainly take any legitimate crit- of the alternatives is clearly sub- question we have yet to decide—we icism into account. But our primary must have an intelligent approach to stantively correct, intuitively appeal- goal must be to safeguard depositors ing, or politically easy. No regulatory making the transition. It cannot be and ensure the integrity of our deposit achieved by default, because public pol- or administration imprimatur will insurance system. make them so. icy toward the thrift industry is so Any solutions advanced, or any com- bankrupt that flight from the industry Others have suggested that the af- binations thereof, will necessarily be fected industries need to sit down at is the only sensible business solution. subject to legitimate criticism and can In the nearer term, we must make sure the table and arrive at an agreed-upon easily be tossed aside as politically solution. I welcome the input of the af- our policies do not inadvertently de- unfeasible. The challenge for the Con- stroy an industry before we even have fected thrift institutions, and I believe gress is to avoid the easy path of nay- the industry has behaved responsibly an opportunity to determine if and how saying and risk avoidance, and work we might wish to restructure it as part in helping to bring the problem to our together to craft a reasonable solution. attention. I also believe the banking of a broader restructuring of our finan- C. TIMING OF A RESPONSE industry has both a policy and a politi- cial services system. Because this issue will be politically If we are to legislate intelligently on cal interest in helping to craft an intel- difficult to address, it may prove vir- ligent and fair solution. But we cannot a solution, we must have some perspec- tually impossible to move independent tive regarding how we got to where we allow any industry’s opinion to finally legislation. Some have suggested at- shape our views. Bank and thrift indus- are today and some criteria to govern taching a solution to the pending fi- our action going forward. In the bal- try members have an obvious interest nancial services modernization bill or in minimizing their own losses. That is ance of my statement, I will discuss regulatory consolidation legislation. the source of the problems we face, the a legitimate interest on their part. But But I believe these bills will move too it is not our interest as policymakers. criteria which should govern our slowly for us to address the BIF–SAIF search for a solution, and the major is- The choice between the various alter- problem in a timely manner—that is, natives is a choice for the Congress to sues we must confront as we continue before June 30. our deliberations. make. In making that choice, we must I believe a more appropriate legisla- be concerned about questions of equity tive vehicle would be the pending regu- II. THE SOURCE OF THE PROBLEM and ensure that we do not place an latory relief bill. Such relief, if prop- A. STATUS OF THE DEPOSIT INSURANCE FUNDS undue burden on members of either the erly crafted, is long overdue and the In the late 1980’s and early 1990’s, the thrift or banking industry, and cer- legislation can be expected to move Banking Committee and the Congress tainly that we not place an inappropri- quickly. I also believe the BIF–SAIF focused considerable attention on en- ate burden on the taxpayer. But I be- issue appropriately arises in this con- hancing regulatory oversight of the lieve we must not take any reasonable text. It is reasonable, as part of an ef- thrift and banking industries and sta- option off the table at this point. Our fort to reduce regulatory and super- bilizing the condition of their insur- primary goal must be to safeguard the visory burdens, to also move to ensure ance funds, through passage of depositor and preserve the integrity of that the deposit insurance program is FIRREA in 1989 and FDICIA in 1991. the deposit insurance system. stabilized and any risks to that system THE BANK INSURANCE FUND [BIF] Both industries also have an interest are removed. We have arguably been more success- in our doing that successfully. No one We must act quickly. As a policy wins there is a crisis of confidence in matter, the problem is upon us. The ful in the context of the Bank Insur- the deposit insurance system. Any al- FDIC has already issued draft regula- ance Fund [BIF]. The FDIC reports ternative that will maintain that con- tions which will reduce bank premiums that the BIF is in very good condition fidence merits serious consideration. substantially, while leaving thrift pre- and its prospects are favorable. The In preparing these bills, I have ex- miums at current high levels. In doing BIF is expected to reach its designated plored a multitude of options. I am so, the FDIC is meeting its statutory reserve ratio, 1.25 percent of insured open to suggestions of other options, obligation. But the premium disparity deposits—the amount reserved to han- but I see only three realistic sources will be in place in just a few months, dle anticipated losses and protect de- which can provide the funds to solve and will exacerbate existing thrift in- positors—within the next few months. these problems: The thrift industry; dustry problems. Politically, it is es- Current law requires that the FDIC use of the resources already authorized sential that we act before a change in move to reduce bank premiums when and appropriated to the RTC to handle the premium structure is put in place. that occurs, and the FDIC is proposing thrift failures; and some form of par- Should Congress choose to require any to lower premiums from the current ticipation by BIF-insured institutions. financial participation by the banking level of about 24 basis points to ap- I am willing to consider seriously any industry, it would be much more dif- proximately 4.5 basis points. and all of these approaches, and com- ficult to impose new financial obliga- THE SAVINGS ASSOCIATION INSURANCE FUND binations thereof, and welcome rec- tions than to make slight changes in [SAIF] ommendations about how best to refine the level of reduction of those existing In contrast, the FDIC and the OTS them. The best solution may well be obligations. report that, while the thrift industry that which combines some or all of Most importantly, on June 30 of this itself is in very good condition, the these options. The best solution clearly year, the SAIF will assume responsibil- Savings Association Insurance Fund will be one on which a majority of the ity for thrift failures. According to the [SAIF] is deeply troubled. On June 30 House and the Senate can agree before FDIC, it will do so in a seriously of this year, the SAIF must newly as- June 30. undercapitalized state. A serious eco- sume responsibility for thrift failures April 7, 1995 CONGRESSIONAL RECORD — HOUSE H 4425 from the RTC, yet it is seriously under- poses—making a large portion of the That should not have been surpris- funded. While the BIF is approaching assessment base unavailable for that ing, and I questioned these assump- its 1.25 reserve ratio, the SAIF has only purpose. Yet making those funds avail- tions and others at the time. The $1.9 billion, or 28 cents in reserves for able—if done alone—provides no real FIRREA legislation was otherwise so every $100 in insured deposits. Faced solution as it just depletes the funds punitive to the industry that I believe with that situation, the FDIC is con- available to capitalize the SAIF. it forced potentially viable thrifts into strained to keep thrift premiums at 1. FICO failure. The result was to leave fewer current levels. The result will be a pre- The FICO Program was flawed from thrifts and a smaller assessment base mium disparity in the neighborhood of its inception. I was one of the few to bear the brunt of the obligations im- 20 basis points. Members of Congress to finally vote posed, and increase pressures on the de- Such a disparity will place thrift in- against the CEBA legislation incor- clining number of healthy thrifts stitutions at a significant competitive porating this change in 1987. First of which remained. disadvantage, inhibiting their ability all, the level of funding provided—$10.8 The previous administration and the to raise capital, encouraging them to billion—was totally insufficient to Congress constructed a solution that look to other funding sources which meet the need. Further, such stringent has not worked. The obligations im- will reduce the assessment base even restrictions were imposed on the ex- posed on the thrift industry are not ob- further, and providing incentives to es- penditure of the money as to render ligations it alone can sustain without cape the industry, its charter and its the funding almost useless. The legisla- once again posing a risk to the tax- problems. We have already seen Great tion placed an annual $3.75 billion cap payer. We have revisited this issue Western and several other thrift insti- on the issuance of FICO bonds in re- time and again. It appears we must tutions make initial moves to obtain sponse to industry pressure to mini- now do so one more time. If we are to new bank charters. Such efforts are le- mize the industry’s burden of servicing gally permissible and market driven. the bonds. In a letter to President sustain confidence in the Government’s But they will exacerbate the industry’s Reagan urging him to veto the legisla- ability to manage its deposit insurance problems. tion, I urged that the amount provided system and meet its commitment to B. STRUCTURAL PROBLEMS CONFRONTING was woefully inadequate and would re- depositors, it is imperative that this THRIFT INDUSTRY quire the Congress to revisit the issue. time we construct a workable and per- The premium disparity is in fact only I noted at the time, ‘‘a poorly funded manent solution. an outward manifestation of more fun- plan is guaranteed to perpetuate the III. STANDARDS TO BE BROUGHT TO BEAR IN damental difficulties which become ob- crisis atmosphere and could eventually FORMULATING SOLUTIONS vious when we examine why the SAIF result in a taxpayer bailout.’’ In attempting to do so, we should is so underfunded. Certainly, it should 2. FIRREA bring certain standards to bear on the be the industry’s obligation to ade- Unfortunately, we have revisited the solutions we examine. Most basically, quately capitalize its insurance fund, issue—again and again and again—and any solution we devise should not rely and capitalizing that fund should be the taxpayer bailout devised in the on optimistic assumptions and projec- our priority as policymakers. From FIRREA legislation became a corner- tions about what will happen sometime 1989 to 1994, SAIF assessment revenue stone of what proved to be only an- in the future—whether about economic amounted to $9.3 billion. If that reve- other partial solution. I opposed growth, thrift failures, thrift profits, nue had been put solely toward recapi- FIRREA as I had opposed the 1987 leg- deposit growth, et cetera—for its suc- talizing the SAIF, the thrift insurance islation for a number of reasons, but cess. The solution should be workable fund would have been fully capitalized most basically because I not only be- long before now. However, $7 billion of and permanent. lieved it would not work, but I strongly Beyond that basic point, I concur that money—95 percent of SAIF assess- believed it would make the situation ments—were diverted from the SAIF to with the standards that the FDIC has far, far worse. I believed in 1987, and in suggested. First of all, any solution pay off obligations from thrift failures 1989, and I believe today that a fully in the 1980s through either the Resolu- should reduce the premium disparity funded recapitalization scheme is the and eliminate to the extent possible tion Funding Corporation— only way to restore public confidence the portion of SAIF premiums diverted REFCORP—$1.1 billion; the Federal in the thrift insurance fund and in the to FICO assessments. Optimally, the Savings and Loan Insurance Corpora- deposit insurance program more gen- SAIF institutions should and can cap- tion Resolution Fund—FRF—$2 billion; erally. Despite repeated efforts, we italize their own insurance fund. How- or the Financing Corporation—FICO— have still not achieved that goal. ever, they cannot do so if other obliga- $3.9 billion to date. REFCORP and FRF The FIRREA legislation had many no longer have claims on the SAIF, but laudable goals. Unfortunately it did tions eat up a substantial portion of the FICO claim will remain as an im- not strike the proper balance in achiev- the premium flow. Second, any solu- pediment to recapitalizing SAIF for 24 ing them. It was no accident that tion should result in SAIF being cap- years. under FIRREA the thrifts remained re- italized relatively quickly. Third, any Establishing parity between the BIF sponsible for the FICO obligation. solution should address the immediate and the SAIF today would require ap- There was an intentional effort to problem presented by the fact that on proximately $15.1 billion—$6.7 billion place as much of the burden of paying June 30 of this year, the SAIF will take to move the SAIF to the $8.6 billion for failed thrift institutions and recapi- over from the RTC the responsibility of which would constitute the amount talizing the thrift insurance fund on handling thrift failures in a seriously necessary to achieve the designated re- the thrift industry as possible, so as to undercapitalized state. serve ratio, and $8.4 billion, which is minimize the taxpayer contribution. I have tried to be sensitive to all of the amount necessary at current inter- In the abstract, these are laudable these standards in crafting the various est rates to defease the FICO obliga- goals. But they are meaningless if the solutions I am putting forward. Not all tion. As OTS Director Jonathan plan devised to achieve them does not of them meet all of these goals to the Feichter points out, simple mathe- work. The ability of the thrift industry maximum degree I would hope. But I matics indicates that SAIF members to sustain these and other obligations believe if we give serious attention to will be unable to generate sufficient placed on it was justified by FIRREA’s the specific problems and opportunities premium flows to both recapitalize the proponents on the basis of economic posed by various solutions, we can SAIF and service the FICO obligations. and other assumptions that have craft an ultimate solution which will. The SAIF assessment base is declining, proved grievously flawed. Most nota- I am hopeful that the bills I have in- and is likely to decline further, and bly, in 1989 the administration pro- troduced will focus attention on the that will worsen both problems. jected annual thrift deposit growth of 6 relative legitimacy and effectiveness of The situation is further aggravated to 7 percent a year. Since SAIF’s incep- various specific alternatives. I would by the fact that the premiums from the tion, however, total SAIF deposits now like to discuss some of the major so-called Oakar and Sasser banks are have declined an average of five per- issues we must consider in making the considered unavailable for FICO pur- cent annually. necessary judgments. H 4426 CONGRESSIONAL RECORD — HOUSE April 7, 1995 IV. THE MAJOR ISSUES BIF and SAIF institutions. A differen- mistic projections about deposit A. BURDENS ON THE THRIFT INDUSTRY tial of the size currently pending places growth and the size of the assessment 1. UTILITY OF A SPECIAL ASSESSMENT thrifts at a serious competitive dis- base might have proved more accurate There is much to comment some reli- advantage, will reduce thrift ability to and we might not be confronting the ance on a reasonable one-time special raise capital, and could induce addi- problems we face today. assessment on the thrift industry, as tional failures, creating further prob- While I believe we must try to mini- part of a broader solution which other- lems for the industry and its fund. mize the burden on the taxpayer, that wise addresses the current problems. I believe the ability of the thrifts to does not mean we should not consider Such an assessment could never be suf- sustain the adverse impact of such a using moneys already authorized and ficient to solve the problems we differential depends on its size and lon- appropriated for the purposes it was in- confront, or even to fully capitalize the gevity: a modest disparity—nothing as tended to be used. It is clear from the fund. Any onerous assessment would large as the pending disparity—might legislative history that Congress fully simply place the industry, and espe- be manageable for three or four years, realized that its assumptions in cially weaker institutions, in an even if the certainty of parity were to fol- FIRREA might prove overly optimis- more difficult position than the one in low. But a long-term disparity of any tic, and that additional Treasury funds which they now find themselves. But a consequence—for example, double dig- would be required to fully capitalize reasonable assessment provides a real its—is fundamentally debilitating and the SAIF. The legislation did in fact opportunity to frontload the capital- only provides incentives for thrifts to provide for that contingency. ization of the SAIF and that is an im- reduce their assessment base, change FIRREA authorized the appropria- portant goal. their charter, or otherwise remove tion of funds to the SAIF in an aggre- themselves from the line of fire. Certain principles should govern any gate amount of up to $32 billion to sup- I have tried to generally construct such assessment. It should be reason- plement assessment revenue by ensur- options that would keep any disparity able. It should be structured to be paid ing an income stream of $2 billion each at no more than a 9-basis-point level. in installments so it is not necessarily year through 1999 and to maintain a Even that may be too high. Moreover, an immediate hit on capital. Some statutory minimum net worth through I am disposed toward those options flexibility should be granted to institu- which minimize not only the size but 1999. Subsequent legislation extended tions in terms of the payment sched- the term of the differential. the date for receipt of Treasury pay- ule. The FDIC should be given some ments to 2000. Despite repeated re- B. APPROPRIATE USE OF EXCESS RTC FUNDS discretionary authority to exempt, or quests by the FDIC, however, appro- Some argue that it is politically im- reduce the assessment for, institutions priations for these purposes were never possible for the Congress to make any which are troubled or would become requested and SAIF never received any use of the taxpayer money represented troubled if the assessment were im- of these intended funds. Had they been posed. by the estimated $10 to $14 billion in excess RTC funds that have been au- received, the SAIF would have been Any special assessment should be capitalized by now. structured so as to capture current thorized and appropriated, but not ex- pended, on thrift losses. If there is con- The FDIC again raised the looming members of the SAIF. Otherwise, the ceptual justification for utilizing those problems in the thrift industry at the potential for such an assessment will resources—and I believe there is—we time Congress considered the RTC simply provide yet another incentive should not be too timid to even discuss Completion Act. As the FDIC noted at for thrifts to move out of the system. it. I am unwilling to take any option that time, the legislation left ‘‘unre- 2. CAPITALIZATION OF THE THRIFT FUND completely off the table without some solved issues regarding the viability There are various approaches to shar- reasonable substantive discussion. and the future of the thrift industry ing the two primary obligations which Some or all of these moneys could, in and the SAIF.’’ The failure to address arise—capitalizing the SAIF and serv- theory, be made available to help cap- the issue then has only postponed the icing the FICO obligations. However, italize the SAIF or help service the inevitable. from my point of view it is more intu- FICO obligations, or at least to provide The fundamental tension on this itively appealing and has more sub- a backstop against thrift losses while issue is reflected in existing legislative stantive merit to have the thrifts focus the SAIF fully recapitalizes. provisions intended to deal with the their primary effort on recapitalizing I have always tried to minimize the possibility that additional Treasury their insurance fund. Premiums are in- adverse impact of the SAIF recapital- moneys might be necessary, although tended for insurance fund purposes and ization effort on taxpayers. In fact, I these provisions limit their use to cov- ideally we should minimize diversion of voted against FIRREA because I be- ering losses. The excess RTC money is those monies, in either fund, for other lieved that, in two important respects, technically available to pay for losses purposes. We may not be able to to- it did not minimize the taxpayer bur- until 1998. In fact, two other funding tally honor that standard and solve the den. sources are in theory available to pay problem, but we should try, and in the First of all, I believed that borrowing for losses: First, an authorization for future we should avoid diverting insur- to pay for the legislation unnecessarily payments from the U.S. Treasury of up ance fund premiums to multiple uses. increased the costs to the taxpayer and to $8 billion for losses incurred by the It is also true that the FICO bond passed those costs on to future genera- SAIF in fiscal years 1994 through 1998; servicing imposes the more onerous ob- tion. I believed that borrowing was and second, unspent RTC money during ligation, not so much in overall both fiscally and morally irresponsible, the 2 years following the RTC’s termi- amount—although the amount needed and I offered an amendment on the nation on December 31, 1995. to defease the bonds is somewhat House floor which would have required However, to obtain these funds, the greater than the amount needed to re- that we pay for what we were doing. FDIC must certify to Congress that an capitalize the fund—but because it cre- Unfortunately that amendment failed, increase in SAIF premiums would rea- ates the prospect of a long-term and the final legislation required that the sonably be expected to result in greater substantial premium disparity if the Government once again borrow, and losses to the Government, and that thrifts alone must service the bonds. the cost to the taxpayer—and burden SAIF members are unable to pay as- These bonds are 30-year bonds and non- on future generations—has been great- sessments to cover losses without ad- callable. They will not be paid off until er as a result. versely affecting their ability to raise 2019. Such a long-term disparity is fun- My opposition to FIRREA was also and maintain capital or maintain the damentally debilitating for the thrift based on the fact that I believed that assessment base. The certification re- industry and will simply create greater the rapid imposition of much stricter quirement was made onerous to make incentives for legal and regulatory ma- standards on thrifts precipitated the taxpayer money the last resort. In the- neuvering. failure of otherwise viable institutions, ory, that is appropriate. But I believe 3. PREMIUM DIFFERENTIAL increasing the cost of thrift failures that the standard was made so high Any solution should attempt to mini- and the burden on the taxpayer. Had that certification is virtually impos- mize the premium differential between more thrifts survived, the then opti- sible. April 7, 1995 CONGRESSIONAL RECORD — HOUSE H 4427 There is ample evidence that Con- have poisoned the well as we have con- this year until a solution to the broad- gress anticipated the need for, and at- sidered legislation on financial mod- er problems the FDIC has identified in tempted in various ways to provide for, ernization and safety and soundness is- the thrift component of the deposit in- greater use of taxpayer dollars to cap- sues affecting our banks to know that surance program is found. italize the SAIF or cover losses. Mon- a problem in one industry is a problem I also believe that the idea of merg- eys to help capitalize the SAIF were, for both. We have yet to pass mod- ing the funds merits serious discussion. however, never requested of the Con- ernization legislation. We may yet be Even if this is not effected in the near gress or made available by it, and FDIC unable to do so, because of concerns term, I believe an eventual move to one access to additional resources even for about safety and soundness and putting fund, one charter, and one Federal reg- purposes of covering losses has been taxpayer dollars at risk. While FDICIA ulator is something we should seri- unduly restricted. Using excess RTC incorporated some real accomplish- ously consider. Were we to consider moneys to service FICO obligations, ments, it was also in many ways an ex- such an option in the short term, how- help capitalize the SAIF, or serve as a treme regulatory overreaction to the ever, it would need to be done with backstop against losses while the fund thrift crisis that we are still trying to great care. In order for bank premiums recapitalizes are conceptually consist- ameliorate. The relationships drawn in to come down substantially this year, ent with that original congressional in- the public’s mind between these issues as the industry has a right to expect, tent and merit consideration. demonstrates that neither industry can additional time might be required to It was also anticipated in FIRREA afford to be indifferent to the concerns allow the combined fund to meet its that the bulk of thrift failures would of the other. designated reserve ratio, and a special have been resolved by the time the On a more practical level, the rela- assessment on the thrifts might rea- SAIF assumed responsibility from the tionships between the industries, and sonably be considered in order to pro- RTC. However, repeated delays in pro- the desire for fuller relationships, are vide coverage for any new risks they viding adequate funds to the RTC de- real. Banks hold at least one-third of bring to the combined fund. layed the resolution process. As a re- SAIF deposits. They use the Federal I understand and appreciate the sult, the burden and risk the SAIF will Home Loan Bank advance window. banking industry’s argument that it be assuming this summer is greater They have purchased thrifts—often less than it might have been. At the very expensively than might otherwise been did not solve the thrift industry prob- least, we should therefore consider possible because onerous burdens lems of the 1980’s and should not be re- using excess RTC funds as a backstop placed on the industry put many sponsible for solving them. But the for the SAIF to cover additional losses thrifts on the auction block at the healthy thrifts which remain did not until the SAIF is better capitalized. same time—to enhance their branching create those problems either. More- There may indeed be some intracta- network or make use of the benefits of over, a focus on placing blame makes ble Budget Act or pay-go problems as- a broader thrift charter. Banks can and no meaningful contribution to the de- sociated with using the excess RTC do become Federal savings banks bate. Banking industry funds may or funds, although the problems may be which, while BIF-insured, constitute a may not need to be part of any solution more readily addressed if the funds are variant of the thrift charter. Bank to pending thrift industry problems, somehow used as a backstop. Whether, holding companies have thrift subsidi- but in either case I believe the quality and to what extent, these problems aries. It seems then unreasonable to of the solution will be enhanced by exist, and how they might be resolved, suggest that thrift holding companies their participation in the discussion. merit exploration before the option is cannot form comparable relationships D. FDIC AUTHORITY dismissed. If the administration and with banks. the Congress believed use of these Many banks support modernization 1. RESERVE RATIO funds in any of these fashions were ap- legislation that would remove arbi- In recent testimony before the Bank- propriate, and were committed to such trary barriers between types of finan- ing Committee, one of the witnesses, an option, I would imagine a solution cial institutions—yet they seem to Professor Kenneth Thomas of Wharton, to these problems might be found. want to maintain some arbitrary bar- argued that the 1.25 reserve ratio was C. POSSIBLE USE OF FUNDS FROM BIF-INSURED riers in this instance. These industries an inadequate safeguard and should be INSTITUTIONS are not two completely segregated increased to 1.5. I have not proposed Some have suggested that BIF-in- subgroups that have nothing to do with that such a change be made, and the sured institutions participate finan- each other. Clear relationships exist. It bills I am introducing do not include a cially in the solution, either through is somewhat disingenuous to suggest proposal that the reserve ratio be in- participation in the FICO obligation, a that those relationships should only creased. Nor should any proposal I am fund merger, or both. I appreciate their exist when they are of benefit to the including delay a premium reduction reluctance to be called upon to do so. banking industry. once the BIF reaches the 1.25 reserve They argue it is not their industry and I do have great sympathy for the de- ratio. I do believe, however, that the not their problem, and that they have sire of the banking industry to see proper level of that ratio is a serious committed substantial resources to bank premiums reduced substantially issue which merits examination. putting their own insurance fund on a later this year. I believe such a reduc- Some have characterized such a sug- sound footing. These arguments have tion is rightfully expected and war- gestion as outrageous. I believe it is substantial merit. But they are not the ranted, given the provisions of current only responsible and prudent. It is crit- whole story. law. It has also been earned by the sub- ical that the insurance funds maintain First of all, I believe both the bank- stantial contributions the banks have sufficient reserves to protect deposi- ing and thrift industries have a com- made to their fund in recent years. tors and taxpayers. To the best of my mon interest in the integrity of the de- Many banks have already incorporated knowledge, there has been no meaning- posit insurance program. No constitu- such anticipated changes into their ful analytical work demonstrating ent of mine has ever spoken of the con- business plans, as they might reason- clearly that 1.25 is the appropriate fidence generated in his financial insti- ably do. Once the fund is appropriately ratio. Certainly, no fund could realisti- tution by the soundness of the BIF or recapitalized, moneys which have been cally be sufficient to address the kinds the SAIF. In most cases, consumers put into premiums can usefully be of structural problems both the bank- have little idea which fund insures made available to provide loans to ing and thrift industries have faced in their deposits. What they have con- bank customers. the past decade, and that should not be fidence in is the fact that their depos- In my view, any solution involving our goal. We should also try to avoid its are FDIC insured. A breach of that the banks should not delay a reduction, excessive fund build-up. Once the fund confidence adversely affects both or substantially intrude upon the level is adequately protected, resources are thrifts and banks. of such a reduction. I do believe, how- better used for lending and community Moreover, we have only to look at ever, a reasonable argument can be investment than to an unnecessary pil- the degree to which the FIRREA legis- made that it might be prudent not to ing up of reserves. Nevertheless, we lation and associated taxpayer costs take the premiums below 6 basis points should be prudent. I will be looking to H 4428 CONGRESSIONAL RECORD — HOUSE April 7, 1995 the FDIC and the GAO for more sub- each fund should be set independently. woman from Texas [Ms. JACKSON-LEE] stantial analysis of this important However, the job of the FDIC is not to is recognized for 5 minutes. issue. manage two funds. It is to manage a [Ms. JACKSON-LEE addressed the I do believe, however, that it is im- deposit insurance program and protect House. Her remarks will appear here- portant to clarify that the 1.25 ratio is depositors of both banks and thrifts. It after in the Extension of Remarks.] not an absolute and precise target. It cannot do so effectively if its hands are should be viewed as a floor, with some tied so that it is forced to explicitly ig- f limited discretion available to the nore the impact that the status of one The SPEAKER pro tempore. Under a FDIC to maintain a cushion above that fund has on the members of the other. previous order of the House, the gen- level without permitting an excessive The FDIC should have some flexibility tleman from Vermont [Mr. SANDERS] is build-up. I believe it is excessive to re- to address that problem. recognized for 5 minutes. quire that the FDIC establish signifi- E POSSIBLE PROBLEMS POSED BY GOODWILL . [Mr. SANDERS addressed the House. cant risk of substantial future losses to CASES His remarks will appear hereafter in the fund for the year before being per- Some of the bills I have introduced the Extension of Remarks.] mitted to increase the reserve even address the issue of creating a reserve very modestly above that level. to have available should adverse judg- f Chairman Helfer has made a convinc- ments against the Government be ing argument that the FDIC should made in the pending goodwill cases. CALL FOR CLARIFICATION OF refocus its mission, seeing its role less These cases point out yet again that ETHICS COMMITTEE’S RULES as resolving failed institutions and the consequences of FIRREA are with The SPEAKER pro tempore. There more as anticipating future problems. I us still. being no designee of the majority lead- believe there is overwhelming merit in In the 1980’s, some healthy thrift in- that argument. Economic conditions stitutions entered into contracts with er, under the Speaker’s announced pol- change, as do the risks posed by bank the Government under which they pur- icy of January 4, 1995, the gentleman portfolios. If the FDIC is to effectively chased failed or failing thrift institu- from New Jersey [Mr. TORRICELLI] is play that new role, it must have some tions the then thrift insurance fund— recognized for 60 minutes as the des- flexibility. There have in fact been re- FSLIC—did not have the funds to re- ignee of the minority leader. cent indications that bank investment solve. Since the Government could not Mr. TORRICELLI. Mr. Speaker, sev- strategies have changed, some of the make depositors whole by covering the eral weeks ago in one of those mo- sources fueling bank incomes will not loss, the acquiring institutions were in- ments that comes to define an individ- continue to be available over the long- stead permitted to count as tangible ual’s values and sense of responsibility, term and some banks might be at risk capital for a limited period of time an several members of the executive in an economic downturn. We cannot intangible asset called ‘‘supervisory branch came to me with extraordinary ignore the lessons of the past. goodwill’’ which they were to work off information. It was revealed to me that We must however balance concerns their books over time, thus absorbing several years ago an American citizen about protecting depositors with the those losses slowly. in Guatemala was murdered by a con- need to increase credit availability. In FIRREA, supervisory goodwill was tract employee of the Central Intel- Money going into an insurance fund is no longer permitted to count as tan- ligence Agency. It was further revealed not going to consumers. I believe the gible capital and institutions holding to me that in the years that passed FDIC should proceed to reduce bank this asset were required to remove it there was a conscious effort to prevent premiums substantially, as planned, from their books precipitously. I never that information from being known. once the BIF reaches the 1.25 ratio set questioned that the Government could Indeed the person responsible for the under current law. If a further cushion break these contracts. But I consist- murder of an American citizen was is deemed prudent, it can be built up ently argued that it could not do so never brought to justice. This was, Mr. gradually without impeding the near- without being subject to damages. Re- Speaker, a difficult moment because I term reduction. cent court cases indicate the courts recognized the importance of maintain- 2. FDIC DISCRETION have considerable sympathy for my ar- ing confidentiality of sources of intel- I also believe it is time to examine gument. The FDIC has already paid out ligence information, and indeed, as a the issue of FDIC discretion more claims on two such cases; many others member of the Intelligence Committee, broadly. As Chairman Helfer has em- are pending. Rulings adverse to the I signed an oath not to reveal classified phasized, the FDIC is precluded by a Government could cost the taxpayer information. It was my judgment to as- variety of statutory provisions from additional billions. certain from the Intelligence Commit- addressing the problems it has identi- Again, this is a problem we should tee confirmation that I never partici- fied on its own authority. I would not have anticipated. I argued that an pated in classified briefings and had casually give congressional authority undue emphasis on being tough on the never received classified information over to a regulatory agency. However, thrift industry in FIRREA would result with regard to Guatemala. This was a I believe that some of the strictures in yet greater cost to the taxpayer in measure of how seriously I took my under which the FDIC is currently op- the long-term, and argued against the oath to preserve confidentiality. erating are excessive and unnecessary. rapid imposition of the new standards, I then proceeded to consult with the One of the legislative options I suggest unfortunately to no avail. The possibil- ranking member of the Committee on would clarify or expand the FDIC’s reg- ity I foresaw may unfortunately now International Relations where I serve ulatory authority in a number of re- become a reality. and with the minority leader, the gen- It is sometimes cost effective to be gards: provide it with greater author- tleman from Missouri [Mr. GEPHARDT], ity to administer the FICO bond obli- temperate, and I hope the lessons of to receive their advice and good coun- the past will help encourage some tem- gation; modify the certification re- sel before proceeding in writing to the perance as we deal with current prob- quirements; provide discretionary au- President of the United States to re- lems. thority to impose a modest special as- veal this rather extraordinary informa- sessment on thrift institutions to V. CONCLUSION tion. Their counsel was that I should frontload the capitalization of the The problems are real, and I believe be guided by my own sense of ethics fund; provide greater discretion to we have an obligation to address them and responsibility, but proceed in in- maintain a small cushion beyond the now. It is my hope that placing some forming the President and the Amer- target reserve ratio in each fund; and more specific options on the table will ican people. provide limited authority to transfer generate useful information, reactions, In the days that have followed this resources between funds. discussion, debate, and then, resolu- country has learned a good deal. Indeed The last item may be particularly tion. the President and this Congress have controversial. But that does not mean f learned a great deal about activities of we should not examine it. In general, I The SPEAKER pro tempore. Under a the Central Intelligence Agency in concur that the premium levels for previous order of the House, the gentle- Guatemala, their adherence to the law, April 7, 1995 CONGRESSIONAL RECORD — HOUSE H 4429 the intelligence community’s sense of ously denying, as I think is now beyond cold war, when it was necessary for our responsibility, informing the President question, that I never did receive clas- Nation to compromise some of our and this institution. sified information as a member of the most important principles. We did In more recent days the Speaker of Intelligence Committee and am, there- things and we made agreements with the House and the chairman of the Per- fore, not in violation of this separate people, we compromised judgments, be- manent Select Committee on Intel- and distinct oath. cause we had no choice. Indeed, in ligence have raised the issue that while Recognizing that there is this con- some instances that will still be the indeed I may never have participated flict of judgment between my interpre- case. But no one can argue that the in classified briefings or had classified tation and interpretation shared by the struggle in Guatemala requires a com- information as a member of the Intel- minority leader, Mr. GEPHARDT, and, I promise that involves shielding the ligence Committee, that since the 103d believe, many Members of this institu- murder of an American citizen. Congress each Member of this institu- tion and the public, and a judgment Indeed, when this controversy passes, tion has also had a separate oath not to that appears to be shared by the I hope if nothing else is achieved, it is disclose classified information. That Speaker of the House, Mr. GINGRICH, that this Congress and this President and the gentleman from Texas, Mr. oath is no less serious. It is, however, face the threshold issue that there sim- COMBEST, I have informed Mr. GINGRICH in my judgment, under these cir- ply in nations like Guatemala, in and Mr. COMBEST of my intention to cumstances, where the issue is crimi- places that were the battleground of nal activity on behalf of an intel- write to the Ethics Committee on this day, inform them what I believe is a le- the cold war, no great issue is at stake ligence agency of this Government, that involved the expenditure of our that involves a question of the taking gitimate conflict of laws and obliga- tions, that I should receive, and this national treasures, the compromise of of life and a felony, and potentially principles, or the taking of lives, of concealing that information from law institution should receive, some guid- ance in what I think is a clear conflict Americans or others, for what are cer- enforcement authorities; that oath is tainly internal struggles with legiti- in direct conflict with the oath every of responsibility between those oaths and the governing authorities and that mate purposes by other nations that do Member of this Congress also takes as not involve the United States. prescribed in the Constitution of the the Ethics Committee should reach I do not take issue with clandestine, United States to adhere to the Con- some judgment, if only for guidance covert operations or contract relation- stitution and the laws of the United purposes, because the conflict that I re- ships in foreign intelligence or mili- States. It also is in direct conflict with ceived, the conflict in which I found tary services when it involves the secu- the statutory responsibility of every myself, is unlikely to be the last time rity of the United States. But I do take American citizen to uphold the laws of a Member of this institution faces ex- issue with doing so when our national our country and not to engage in con- actly the same circumstances. security is not involved, and when the spiracies, to maintain silence in the Mr. Speaker, while I welcome the laws of this country are violated. face of criminal activity or indeed take Ethics Committee’s addressing of this issue, I want finally to simply say to We were not protecting the security any action that would maintain silence my colleagues on both sides of the aisle of the United States by maintaining se- regarding those activities. It also in that reforming government, the new my judgment is in conflict, Mr. Speak- crecy in Guatemala. We were protect- relationship this Congress seeks with er, with the basic ethical responsibility ing the Central Intelligence Agency the American people is not simply of Members and their duty to reveal il- from the laws of the United States and about reforming budgets or govern- legal activities and the inherent over- embarrassment by our own people. mental programs. The most important sight responsibilities of the U.S. Con- Mr. Speaker, we did not come to this reform that this Congress requires to gress to assure that the agencies of institution as Members, Democrats or restore faith to the American people is this Government are adhering to the Republicans alike, to defend an agency to tell the truth. If we cannot tell the laws. of this Government. We came here to truth to the American people, when protect the interests of the American Finally, Mr. Speaker, in my judg- one of our own citizens is murdered, in ment, in this day while the majority is people. Whether the Central Intel- violation of our laws, by an intel- ligence Agency long endures, whether celebrating the conclusion of the 100 ligence community that is operating at days of their Contract With America, it exists decade to decade, is of no variance with our national purpose, great moment. What matters is wheth- invites the most ironic conflict of all. when there has been a clear conspiracy On the 1st day of this 104th Congress on er the people of this country keep faith to prevent the truth from being known, with this Government. Lying to our a bipartisan basis this Congress came and our Government has not proceeded to the judgment that we would live by people, covering the crimes of any with the prosecution of the person who agency of this Government, will not the laws that govern all other Ameri- was known and is responsible, Mr. cans. All other Americans have a duty, keep faith with our people. Speaker, how can we ever keep faith I know that different Members in the Mr. Speaker, not to conceal criminal with the American people? activity, to take no action to further a same circumstances may have reached criminal conspiracy. b 1145 a different judgment. I did what I Mr. Speaker, when I faced the ethical I know that people take issue with thought was right, I did what I think is dilemma of whether to disclose the my own moral judgment in this in- consistent with the laws of our coun- murder of an American citizen by a stance, but I believe on reflection they try, my oath of office under the Con- contract employee of a member of the will find that in the final analysis I had stitution of the United States, in keep- Central Intelligence Agency, I was no choice, and that to keep faith with ing with what I think are the great tra- guided by my oath as a Member of this the American people, my colleagues ditions of our country and the desires institution as prescribed by the Con- who find themselves in the same di- of my constituents. In that I make no stitution of the United States, the lemma in the future would do best for apology. statutes of this country governing the our country and this institution to do But I do ask now that the Speaker, duty not to participate in concealing the same. the chairman of the committee, join criminal activity, by my own ethical Mr. Speaker, there are times in the with me and the minority Members of sense of responsibility as a citizen of life of this country, and indeed in any this institution in seeking guidance this country, and finally by my duty to republic, when no matter how noble from the Committee on Ethics to as- abide by the laws that govern all other our purposes, there are compromises sure that we have a common under- Americans. I do not, however, make that must be made. The first obligation standing of how to deal with this con- light of the speaker’s observation that of any free people is to preserve their flict of oath and this ethical question there is an obligation for these last 2 system of government and their free- in the future. years to also, as a Member of this insti- dom. Mr. Speaker, I thank you for this op- tution, not to disclose classified infor- There are times of great inter- portunity, and yield back the balance mation, though I do so while vigor- national struggle, and indeed of the of my time. H 4430 CONGRESSIONAL RECORD — HOUSE April 7, 1995 SPECIAL ORDERS GRANTED PUBLIC BILLS AND RESOLUTIONS H.R. 1481. A bill to clarify the regulatory authority of the Federal Deposit Insurance By unanimous consent, permission to Under clause 5 of rule X and clause 4 Corporation with respect to deposit insur- address the House, following the legis- of rule XXII, public bills and resolu- ance fund management, and for other pur- lative program and any special orders tions were introduced and severally re- poses; to the Committee on Banking and Fi- heretofore entered, was granted to: ferred as follows: nancial Services. (The following Members (at the re- By Mr. EDWARDS (for himself and Mr. By EVANS (for himself, Mr. MONTGOM- quest of Mr. TORRICELLI) to revise and MONTGOMERY): ERY, Mr. MASCARA, Mr. FILNER, and extend their remarks and include ex- H.R. 1468. A bill to amend title 38, United Mr. GUTIERREZ): traneous material:) States Code, to revise and improve veterans’ H.R. 1482. A bill to amend title 38, United States Code, to improve certain veterans Ms. KAPTUR, for 5 minutes, today. health care programs, and for other pur- programs and benefits; to the Committee on Mr. WYNN, for 5 minutes, today. poses; to the Committee on Veterans’ Af- fairs. Veterans’ Affairs. Mr. DEFAZIO, for 5 minutes, today. By Mr. MONTGOMERY: By Mr. EVANS (for himself, Mr. MAS- Mr. OWENS, for 5 minutes, today. H.R. 1469. A bill to amend the Internal Rev- CARA, Mr. FILNER, and Mr. Mr. LIPINSKI, for 5 minutes, today. enue Code of 1986 to clarify the tax treat- GUTIERREZ): Mr. FILNER, for 5 minutes, today. ment of certain contributions made pursuant H.R. 1483. A bill to amend title 38, United Mr. LAFALCE, for 5 minutes, today. to veterans’ reemployment; to the Commit- States Code, to allow revision of veterans Ms. JACKSON-LEE, for 5 minutes, tee on Ways and Means. benefits decisions based on clear and unmis- takable error; to the Committee on Veter- today. By Mr. LAFALCE: H.R. 1470. A bill to provide for sufficient ans’ Affairs. Mr. SANDERS, for 5 minutes, today. By Mr. KILDEE: (The following Member (at the re- funding to cover the costs of the Financing Corporation, to provide funds to carry out H.R. 1484. A bill to provide collective bar- quest of Mr. WALSH) to revise and ex- the purposes of the Savings Association In- gaining rights for public safety officers em- tend her remarks and include extra- surance Fund, and for other purposes; to the ployed by States or their political subdivi- neous material:) Committee on Banking and Financial Serv- sions; to the Committee on Economic and Mrs. CHENOWETH, for 5 minutes, ices. Educational Opportunities. By Mr. VENTO: today. H.R. 1471. A bill to provide for sufficient H.R. 1485. A bill to exclude certain elec- (Mr. GINGRICH (at the request of Mr. funding to cover the costs of the Financing tronic benefit transfer programs established Corporation, to provide funds to carry out WALKER), and to include extraneous by State or local governments from provi- the purposes of the Savings Association In- material, notwithstanding the fact sions of the Electronic Funds Transfer Act; surance Fund, and for other purposes; to the that it exceeds two pages of the to the Committee on Banking and Financial Committee on Banking and Financial Serv- RECORD and is estimated by the Public Services. ices. By Mr. HERGER (for himself, Mr. Printer to cost $1,275.) H.R. 1472. A bill to provide for sufficient FAZIO of California, Mr. DOOLEY, Mr. funding to cover the costs of the Financing f RIGGS, Mr. GALLEGLY, Mr. POMBO, Corporation, to provide funds to carry out Mr. CALVERT, Mrs. SEASTRAND, Mr. the purposes of the Savings Association In- ADJOURNMENT MATSUI, Mr. FARR, Mr. CONDIT, Mr. surance Fund, and for other purposes; to the THORNTON, Mr. BISHOP, Mr. BROWN of Mr. WALKER. Mr. Speaker, I move Committee on Banking and Financial Serv- California, and Mr. THOMAS): that the House do now adjourn. ices. H.R. 1486. A bill to provide for a nationally The motion was agreed to. H.R. 1473. A bill to provide for claims coordinated program of research, promotion, The SPEAKER pro tempore (Mr. against the United States arising from and consumer information regarding KIM). Pursuant to the provisions of changes in the statutory treatment of super- kiwifruit for the purpose of expanding do- House Concurrent Resolution 58, 104th visory good will on the books of saving asso- mestic and foreign markets for kiwifruit; to Congress, the House stands adjourned ciations; to the Committee on Banking and the Committee on Agriculture, and in addi- Financial Services. tion to the Committee on Ways and Means, until 12:30 p.m. on Monday, May 1, 1995. H.R. 1474. A bill to amend the Federal De- Thereupon (at 11 o’clock and 53 min- for a period to be subsequently determined posit Insurance Act to improve the require- by the Speaker, in each case for consider- utes a.m.), pursuant to House Concur- ments relating to the designated reserve ra- ation of such provisions as fall within the ju- rent Resolution 58, the House ad- tion for the deposit insurance funds and the risdiction of the committee concerned. journed until Monday, May 1, 1995, at procedures for funding the reserves in such By Mr. BAKER of Louisiana (for him- 12:30 p.m. funds, and for other purposes; to the Com- self and Mr. CHRYSLER): mittee on Banking and Financial Services. H.R. 1487. A bill to reform and modernize f H.R. 1475. A bill to imerge the Bank Insur- the Federal Home Loan Bank System; to the ance Fund and the Savings Association In- Committee on Banking and Financial Serv- EXECUTIVE COMMUNICATIONS, surance Fund, to require savings associa- ices. ETC. tions to continue to pay assessments to the By Mr. BARR (for himself, Mr. MCCOL- Under clause 2 of rule XXIV, execu- Financing Corporation, and for other pur- LUM, Mr. BRYANT of Tennessee, Mrs. poses; to the Committee on Banking and Fi- tive communications were taken from CHENOWETH, Mr. STOCKMAN, Mr. nancial Services. BARTLETT of Maryland, Mr. BREW- the Speaker’s table and referred as fol- H.R. 1476. A bill to merge the Bank Insur- STER, Mr. TAUZIN, and Mr. VOLKMER): lows: ance Fund and the Savings Association In- H.R. 1488. A bill to control crime by in- 697. A letter from the Under Secretary of surance Fund, to improve funding for the Fi- creasing penalties for armed violent crimi- Defense, transmitting the Secretary’s Se- nancing Corporation, and for other purposes; nals; to the Committee on the Judiciary. lected Acquisition Reports [SARS] for the to the Committee on Banking and Financial By Mr. BONILLA: quarter ending December 31, 1994, pursuant Services. H.R. 1489. A bill to designate the U.S. Post to 10 U.S.C. 2432; to the Committee on Na- H.R. 1477. A bill to merge the Bank Insur- Office building located at 508 S. Burleson, tional Security. ance Fund and the Savings Association In- McCamey, TX, as the ‘‘Claude W. Brown Post 698. A letter from the Secretary of Edu- surance Fund, to improve funding for the Fi- Office Building;’’ to the Committee on Gov- cation, transmitting a draft of proposed leg- nancing Corporation, and for other purposes; ernment Reform and Oversight. islation entitled, ‘‘Carl D. Perkins Career to the Committee on Banking and Financial By Mr. VENTO: Preparation Education Act;’’ to the Commit- Services. H.R. 1490. A bill to expedite the naturaliza- tee on Economic and Educational Opportuni- H.R. 1478. A bill to provide for adequate tion of aliens who served with special guer- ties. funding for the Savings Association Insur- rilla units in Laos; to the Committee on the 699. A letter from the Secretary of Trans- ance Fund, and for other purposes; to the Judiciary. portation, transmitting a draft of proposed Committee on Banking and Financial Serv- By Mr. CASTLE (for himself, Mr. LA- legislation entitled, ‘‘Amtrak Restructuring ices. FALCE, Mr. MCCOLLUM, Mr. BAKER of Act of 1995’’, pursuant to 31 U.S.C. 1110; to H.R. 1479. A bill to provide for adequate Louisiana, Mr. KING, Mr. FRANK of the Committee on Transportation and Infra- funding for the Savings Association Insur- Massachusetts, Mr. ROYCE, Mrs. structure. ance Fund and the Financing Corporation, MALONEY, Mr. CHRYSLER, and Mr. 700. A letter from the Secretary of Trans- and for other purposes; to the Committee on FOX): portation, transmitting a draft of proposed Banking and Financial Services. H.R. 1491. A bill to expand credit availabil- legislation entitled, ‘‘Interstate Commerce H.R. 1480. A bill to stabilize the condition ity by lifting the growth cap on limited serv- Commission Sunset Act of 1995;’’ to the Com- of the Savings Association Insurance Fund, ice financial institutions, and for other pur- mittee on Transportation and Infrastruc- and for other purposes; to the Committee on poses; to the Committee on Banking and Fi- ture. Banking and Financial Services. nancial Services. April 7, 1995 CONGRESSIONAL RECORD — HOUSE H 4431 By Mr. CRANE: nies from the required capitalization of cer- dren, and to direct the Secretary of Health H.R. 1492. A bill to amend the Internal Rev- tain policy acquisition expenses; to the Com- and Human Services to develop model pedi- enue Code of 1986 to provide that service per- mittee on Ways and Means. atric risk adjustment methodologies for such formed for an elementary or secondary By Mr. HAMILTON: purpose; to the Committee on Commerce. school operated primarily for religious pur- H.R. 1498. A bill to modernize the Federal H.R. 1503. A bill to amend title XIX of the poses is exempt from the Federal unemploy- Reserve System, to provide for a Federal Social Security Act to require State Medic- ment tax; to the Committee on Ways and Open Market Advisory Committee, and for aid plans to cover services of certain clinics Means. other purposes; to the Committee on Bank- operated by children’s hospitals and to reim- By Mr. CRANE (for himself, Mr. RAN- ing and Financial Services. burse such clinics for such services in an GEL, and Mr. COX): By Mr. HEINEMAN (for himself, Mr. amount equal to 100 percent of the costs H.R. 1493. A bill to amend the Internal Rev- COBLE, Mr. TAYLOR of North Caro- which are reasonable and related to the cost enue Code of 1986 to allow nonitemizers a de- lina, Mr. BURR, Mr. JONES, Mrs. of furnishing such services; to the Commit- duction for a portion of their charitable con- MYRICK, Mr. ACKERMAN, Mr. BLUTE, tee on Commerce. tributions and to exempt the charitable con- Mr. BONO, Mr. BRYANT of Tennessee, By Mr. MATSUI (for himself, Mr. tribution deduction from the overall limita- Mr. CALVERT, Mrs. COLLINS of Illi- CRANE, Mrs. JOHNSON of Connecticut, tion on itemized deductions; to the Commit- nois, Mr. COOLEY, Mr. CUNNINGHAM, Mr. JACOBS, Mr. LEVIN, Mr. PORTMAN, tee on Ways and Means. Mr. FOX, Mr. HOKE, Mr. HOLDEN, Mr. Mr. CHRISTENSEN, Mr. STARK, Mr. By Mr. DIAZ-BALART (for himself, KING, Mr. LIPINSKI, Mr. MCHUGH, Mr. SAM JOHNSON, Mr. KLECZKA, Mr. ENG- Mr. BURTON of Indiana, Ms. ROS- METCALF, Mr. PAXON, Mr. SENSEN- LISH of Pennsylvania, Mrs. KEN- LEHTINEN, and Mr. FUNDERBURK): BRENNER, Mr. SMITH of Texas, and NELLY, Ms. ROS-LEHTINEN, and Mr. H.R. 1494. A bill to amend the National Se- Mr. BALLENGER): BENTSEN): curity Act of 1947 to establish the positions H.R. 1499. A bill to improve criminal law H.R. 1504. A bill to amend the Internal Rev- of Director, Deputy Director, and Senior Di- relating to fraud against consumers; to the enue Code of 1986 to modify the treatment of rectors of the National Security Council and Committee on the Judiciary. governmental plans under the rules govern- to require that their appointments be sub- By Mr. HINCHEY (for himself, Mr. ing retirement plans; to the Committee on ject to confirmation by the Senate, and for ACKERMAN, Mr. BEILENSON, Mr. BER- Ways and Means. other purposes; to the Committee on Na- MAN, Mr. BONIOR, Mr. BROWN of Cali- By Mr. MCKEON (for himself, Mr. tional Security, and in addition to the Com- fornia, Mr. BROWN of Ohio, Mr. CON- GOODLING, Mr. CUNNINGHAM, and Mr. mittees on International Relations, and In- YERS, Mr. DELLUMS, Mr. EVANS, Mr. RIGGS): telligence (Permanent Select), for a period FARR, Mr. FILNER, Mr. FRANK of Mas- H.R. 1505. A bill to amend the Portal to to be subsequently determined by the Speak- sachusetts, Ms. FURSE, Mr. JACOBS, Portal Act of 1947 to limit the award of liq- er, in each case for consideration of such pro- Mr. JOHNSTON of Florida, Mr. KLUG, uidated damages to employees of States and visions as fall within the jurisdiction of the Mr. LANTOS, Mr. LEWIS of Georgia, political subdivisions; to the Committee on committee concerned. Ms. LOFGREN, Mrs. LOWEY, Mr. MAR- Economic and Educational Opportunities. By Mr. FIELDS of Texas (for himself TINEZ, Mr. MCDERMOTT, Mr. MEEHAN, By Mr. MOORHEAD (for himself, Mr. and Mr. MARKEY): Mr. MINETA, Mrs. MINK of Hawaii, HYDE, Mr. CONYERS, and Mr. GEKAS): H.R. 1495. A bill to amend the Investment Mr. MORAN, Mrs. MORELLA, Mr. MUR- H.R. 1506. A bill to amend title 17, United Company Act of 1940 to promote more effi- THA, Mr. NADLER, Mr. OWENS, Mr. States Code, to provide an exclusive right to cient management of mutual funds, protect PAYNE of New Jersey, Ms. PELOSI, perform sound recordings publicly by means investors, and provide more effective and Mr. RANGEL, Ms. ROYBAL-ALLARD, of digital transmissions, and for other pur- less burdensome regulation; to the Commit- Mr. SANDERS, Mrs. SCHROEDER, Mr. poses; to the Committee on the Judiciary. tee on Commerce. SERRANO, Mr. SHAYS, Ms. SLAUGHTER, By Ms. NORTON (for herself, Mrs. By Mr. FIELDS of Texas (for himself, Mr. SMITH of New Jersey, Mr. MALONEY, Mr. NADLER, Miss COLLINS Mr. MCDERMOTT, Mrs. MINK of Ha- SPRATT, Mr. STARK, Mr. TORRES, Mr. of Michigan, Ms. VELAZQUEZ, Mr. waii, Mr. KING, Mr. FATTAH, Mr. TORRICELLI, Mr. TOWNS, Mr. WAXMAN, SERRANO, Mrs. SCHROEDER, Mr. YATES, Mr. OXLEY, Mr. LIPINSKI, Mr. Ms. WOOLSEY, Mr. DEFAZIO, Ms. NOR- FILNER, Ms. ROYBAL-ALLARD, Mr. CALVERT, Mr. FRAZER, Mr. BROWN of TON, and Mr. SKAGGS): PAYNE of New Jersey, Mr. MARTINEZ, Ohio, Mr. GENE GREEN of Texas, Mr. H.R. 1500. A bill to designate certain Fed- Mr. TUCKER, Mr. GONZALEZ, Mr. JEFFERSON, Mr. HANSEN, Mr. HALL of eral lands in the State of Utah as wilderness, FROST, Mr. LEWIS of Georgia, Mrs. Texas, Mrs. CLAYTON, Mr. FOX, Ms. and for other purposes; to the Committee on MINK of Hawaii, Mr. EVANS, Ms. DELAURO, Ms. LOFGREN, Mr. MONT- Resources. MCKINNEY, Mr. HINCHEY, Ms. EDDIE GOMERY, Mrs. KENNELLY, Mr. HORN, By Mr. ISTOOK (for himself, Mr. BERNICE JOHNSON of Texas, Mrs. Mr. PALLONE, Mr. JACOBS, Ms. BAKER of Louisiana, Mr. BOEHNER, LOWEY, and Ms. BROWN of Florida): LOWEY, Mr. FROST, Mr. EVANS, Mrs. Mr. BONO, Mrs. CHENOWETH, Mr. DOO- H.R. 1507. A bill to amend the Fair Labor MEEK of Florida, Mr. OLVER, Ms. LITTLE, Mr. HUTCHINSON, Mr. INGLIS Standards Act of 1938 to prohibit discrimina- PELOSI, Mr. SANDERS, Mr. SCHUMER, of South Carolina, Mr. SAM JOHNSON, tion in the payment of wages on account of Mr. ENGEL, Mr. GUTIERREZ, Mr. GEJD- Mr. KASICH, Mr. KIM, Mr. KLUG, Mr. sex, race, or national origin, and for other ENSON, Mr. ROMERO-BARCELO´ , Mr. MCINTOSH, Mr. MILLER of Florida, purposes; to the Committee on Economic and BORSKI, Mr. WYNN, Mr. HALL of Ohio, Mr. NORWOOD, Mr. PORTER, Mr. Educational Opportunities. Mr. BOUCHER, Mr. MCHALE, Mr. JOHN- SAXTON, Mr. SCARBOROUGH, Mr. TAL- By Ms. NORTON: SON of South Dakota, and Mr. FOGLI- ENT, Mr. WATTS of Oklahoma, and H.R. 1508. A bill to require the transfer of ETTA): Mr. WELLER): title to the District of Columbia of certain H.R. 1496. A bill to amend title XVIII of the H.R. 1501. A bill to amend the Federal real property in Anacostia Park to facilitate Social Security Act to provide for coverage Credit Reform Act to improve budget accu- the construction of National Children’s Is- of early detection of prostate cancer and cer- racy of accounting for Federal costs associ- land, a cultural, educational, and family-ori- tain drug treatment services under part B of ated with student loans, to phase out the ented park; to the Committee on Resources, the medicare program, to amend chapter 17 Federal Direct Student Loan Program, to and in addition to the Committee on Govern- of title 38, United States Code, to provide for make improvements in the Federal Family ment Reform and Oversight, for a period to coverage of such early detection and treat- Education Loan Program, and for other pur- be subsequently determined by the Speaker, ment services under the programs of the De- poses; to the Committee on Economic and in each case for consideration of such provi- partment of Veterans Affairs, and to expand Educational Opportunities, and in addition sions as fall within the jurisdiction of the research and education programs of the Na- to the Committee on Government Reform committee concerned. tional Institutes of Health and the Public and Oversight, for a period to be subse- By Ms. NORTON (by request): Health Service relating to prostate cancer; quently determined by the Speaker, in each H.R. 1509. A bill to amend the District of to the Committee on Commerce, and in addi- case for consideration of such provisions as Columbia Self-Government and Govern- tion to the Committees on Ways and Means, fall within the jurisdiction of the committee mental Reorganization Act to permit certain and Veterans’ Affairs, for a period to be sub- concerned. tax revenues of the District of Columbia to sequently determined by the Speaker, in By Mrs. LINCOLN: be pledged to pay debt service on obligations each case for consideration of such provi- H.R. 1502. A bill to amend title XIX of the issued by an agency or instrumentality of sions as fall within the jurisdiction of the Social Security Act to prohibit a State from the District government to finance certain committee concerned. requiring any child with special health care costs of a downtown sports arena and con- By Mr. FILNER (for himself and Mrs. needs to receive services under the State’s vention center; to authorize such agency or CHENOWETH): plan for medical assistance under such title instrumentality of the District government H.R. 1497. A bill to amend the Internal Rev- through enrollment with a capitated man- to expend such tax revenues without the re- enue Code of 1986 to revise the limitation ap- aged care plan until the State adopts pedi- quirement that such tax revenues be appro- plicable to mutual life insurance companies atric risk adjustment methodologies to take priated by the District of Columbia and the on the deduction for policyholder dividends into account the costs to capitated managed Congress; to provide that the obligations is- and to exempt small life insurance compa- care plans of providing services to such chil- sued by any such agency or instrumentality H 4432 CONGRESSIONAL RECORD — HOUSE April 7, 1995 of the District government shall not be con- thereafter, achieve significant deficit reduc- porters of newsprint to recycle a certain per- sidered general obligations of the District of tion in fiscal year 1996 and each year through centage of newsprint each year, to require Columbia for purposes of calculating limita- 2002, establish a Board of Estimates, require the Administrator of the Environmental tions on borrowing and spending by the Dis- the President’s budget and the congressional Protection Agency to establish a recycling trict of Columbia, and for other purposes; to budget process to meet specified deficit re- credit system for carrying out such recycling the Committee on Government Reform and duction and balance requirements, enforce requirement, to establish a management and Oversight. those requirements through a multiyear con- tracking system for such newsprint, and for By Mr. ROEMER (for himself, Mr. gressional budget process and, if necessary, other purposes; to the Committee on Com- DOYLE, Mr. JACOBS, and Mr. KLUG): sequestration, and for other purposes; to the merce. H.R. 1510. A bill to prohibit the Depart- Committee on the Budget, and in addition to ment of Energy from acting as the agency of the Committees on Ways and Means, Rules, By Mr. TORRES (for himself, Mr. ACK- implementation, with respect to nondefense and Government Reform and Oversight, for a ERMAN, Mr. BEILENSON, Mr. BERMAN, Department of Energy laboratories, for cer- period to be subsequently determined by the Mr. BONIOR, Mr. BROWN of California, tain environmental, safety, and health regu- Speaker, in each case for consideration of Mr. BRYANT of Texas, Mr. DELLUMS, lations, and to require reduction in person- such provisions as fall within the jurisdic- Ms. ESHOO, Mr. EVANS, Mr. FATTAH, nel at such laboratories; to the Committee tion of the committee concerned. Mr. FAZIO of California, Mr. FILNER, on Science. By Ms. WATERS: Mr. FRANK of Massachusetts, Mr. By Mr. SANDERS: H.R. 1517. A bill to amend title XII of the FROST, Ms. HARMAN, Mr. LIPINSKI, H.R. 1511. A bill to provide for the termi- National Housing Act to establish a national Ms. LOWEY, Mr. MCDERMOTT, Mr. nation of nuclear weapons activities, and for property reinsurance program to ensure the MILLER of California, Mr. MINETA, other purposes; to the Committee on Na- availability and affordability of property in- Mr. MORAN, Ms. PELOSI, Mr. ROMERO- tional Security, and in addition to the Com- surance in underserved areas; to the Com- BARCELO, Ms. ROYBAL-ALLARD, Mrs. mittee on Science, for a period to be subse- mittee on Banking and Financial Services. SCHROEDER, Mr. SERRANO, Mr. VENTO, quently determined by the Speaker, in each H.R. 1518. A bill to amend the Internal Rev- Mr. WALSH, Ms. WATERS, Mr. WAX- case for consideration of such provisions as enue Code of 1986 to provide an incremental MAN, Ms. WOOLSEY, and Mr. YATES): fall within the jurisdiction of the committee investment tax credit to assist defense con- H.R. 1524. A bill to amend the Solid Waste concerned. tractors in converting to nondefense oper- By Mr. SOLOMON (for himself, Mr. ations; to the Committee on Ways and Disposal Act to require producers and im- TORRICELLI, Mr. LOBIONDO, Mr. MAR- Means. porters of tires to recycle a certain percent- TINI, Mr. ROEMER, Mr. UPTON, and H.R. 1519. A bill to amend the Internal Rev- age of scrap tires each year, to require the Mrs. VUCANOVICH): enue Code of 1986 to allow a credit for the Administrator of the Environmental Protec- H.R. 1512. A bill to amend the Indian Gam- construction and renovation of tion Agency to establish a recycling credit ing Regulatory Act to bring more balance nonresidential buildings in distressed areas; system for carrying out such recycling re- into the negotiation of Tribal-State com- to the Committee on Ways and Means. quirement, to establish a management and pacts, to require an individual participating By Mr. WILLIAMS: tracking system for such tires, and for other in class II or class III Indian gaming to be H.R. 1520. A bill to amend the National purposes; to the Committee on Commerce. physically present at the authorized gaming Foundation on the Arts and the Humanities By Mr. TORRES (for himself, Mr. ACK- activity, and for other purposes; to the Com- Act of 1995; to establish the American Cul- ERMAN, Mr. BEILENSON, Mr. BERMAN, mittee on Resources, and in addition to the tural Trust Fund and for other purposes; to Mr. BONIOR, Mr. BROWN of California, Committee on the Judiciary, for a period to the Committee on Economic and Edu- Mr. BRYANT of Texas, Mr. DELLUMS, be subsequently determined by the Speaker, cational Opportunities. Ms. ESHOO, Mr. EVANS, Mr. FATTAH, in each case for consideration of such provi- By Mr. WYDEN (for himself, Mrs. Mr. FAZIO of California, Mr. FILNER, sions as fall within the jurisdiction of the MORELLA, and Mr. FOX): Mr. FRANK of Massachusetts, Mr. committee concerned. H.R. 1521. A bill to amend the Public By Mr. SOLOMON: Health Service Act to provide for the train- FROST, Ms. HARMAN, Mr. KLECZKA, H.R. 1513. A bill to amend title 38, United ing of health professions students with re- Mr. LIPINSKI, Ms. LOWEY, Mr. States Code, to change the date for the be- spect to the identification and referral of MCDERMOTT, Mr. MILLER of Califor- ginning of the Vietnam era for the purpose of victims of domestic violence; to the Commit- nia, Mr. MINETA, Mr. MORAN, Ms. veterans benefits from August 5, 1964, to De- tee on Commerce. PELOSI, Mr. ROMERO-BARCELO, Ms. cember 22, 1961; to the Committee on Veter- By Mr. TORRES (for himself, Mr. ACK- ROYBAL-ALLARD, Mrs. SCHROEDER, ans’ Affairs. ERMAN, Mr. BEILENSON, Mr. BERMAN, Mr. SERRANO, Mr. VENTO, Mr. WALSH, By Mr. TAUZIN (for himself, Mr. HALL Mr. BONIOR, Mr. BROWN of California, Ms. WATERS, Mr. WAXMAN, Ms. WOOL- of Texas, Mr. CRAMER, Mr. ROEMER, Mr. BRYANT of Texas, Mr. DELLUMS, SEY, and Mr. YATES): Mr. BLUTE, Mr. GILLMOR, Mr. STUMP, Ms. ESHOO, Mr. EVANS, Mr. FATTAH, H.R. 1525. A bill to amend the Solid Waste Mr. EMERSON, Mr. HANCOCK, Mr. Mr. FAZIO of California, Mr. FILNER, Disposal Act to require the Administrator of GEJDENSON, Mr. MINGE, Mr. CAL- Mr. FRANK of Massachusetts, Mr. the Environmental Protection Agency to es- LAHAN, Mr. GENE GREEN of Texas, Mr. FROST, Ms. HARMAN, Mr. LIPINSKI, tablish a recycling credit system for carry- BAESLER, Mr. COLLINS of Georgia, Mr. Ms. LOWEY, Mr. MCDERMOTT, Mr. ing out recycling of used oil, and for other BISHOP, Mr. EVERETT, Mr. BEVILL, MILLER of California, Mr. MINETA, purposes; to the Committee on Commerce. Mr. TAYLOR of North Carolina, Mr. Mr. MORAN, Ms. PELOSI, Mr. ROMERO- By Mr. HASTINGS of Washington (for BACHUS, Mr. KLUG, Mr. HILLIARD, Mr. BARCELO, Ms. ROYBAL-ALLARD, Mrs. himself, Mr. WAMP, Mr. GRAHAM, Mr. PARKER, Mr. JEFFERSON, Mr. LEWIS of SCHROEDER, Mr. SERRANO, Ms. Kentucky, Mr. PAXON, Mr. BONILLA, SLAUGHTER, Mr. VENTO, Mr. WALSH, NETHERCUTT, and Mr. DICKS): Mr. MCINTOSH, Mr. TRAFICANT, Mr. Ms. WATERS, Mr. WAXMAN, Ms. WOOL- H.R. 1526. A bill to authorize the Secretary OXLEY, Mr. TALENT, Mr. BROWDER, SEY, and Mr. YATES): of Energy to enter into privatization ar- and Mr. JACOBS): H.R. 1522. A bill to amend the Solid Waste rangements for activities carried out in con- H.R. 1514. A bill to authorize and facilitate Disposal Act to provide management stand- nection with defense nuclear facilities, and a program to enhance safety, training, re- ards and recycling requirements for spent for other purposes; to the Committee on search, and development, and safety edu- lead-acid batteries; to the Committee on Commerce, and in addition to the Commit- cation in the propane gas industry for the Commerce. tees on National Security, Government Re- benefit of propane consumers and the public, By Mr. TORRES (for himself, Mr. ACK- form and Oversight, and Transportation and and for other purposes; to the Committee on ERMAN, Mr. BEILENSON, Mr. BERMAN, Infrastructure, for a period to be subse- Commerce, and in addition to the Committee Mr. BONIOR, Mr. BROWN of California, quently determined by the Speaker, in each on Science, for a period to be subsequently Mr. BRYANT of Texas, Mr. DELLUMS, case for consideration of such provisions as determined by the Speaker, in each case for Ms. ESHOO, Mr. EVANS, Mr. FATTAH, fall within the jurisdiction of the committee consideration of such provisions as fall with- Mr. FAZIO of California, Mr. FILNER, concerned. in the jurisdiction of the committee con- Mr. FRANK of Massachusetts, Mr. By Mr. HYDE (for himself, Mr. MCCOL- cerned. FROST, Ms. HARMAN, Mr. KLECZKA, LUM, and Mr. SCHUMER): By Mr. THOMAS: Mr. LIPINSKI, Ms. LOWEY, Mr. H. Con. Res. 61. Concurrent resolution ex- H.R. 1515. A bill to amend the Internal Rev- MCDERMOTT, Mr. MILLER of Califor- enue Code of 1986 to provide for fair treat- nia, Mr. MINETA, Mr. MORAN, Ms. pressing the sense of the Congress regarding ment of small property and casualty insur- PELOSI, Mr. ROMERO-BARCELO´ , Ms. certain recent remarks that unfairly and in- ance companies; to the Committee on Ways ROYBAL-ALLARD, Mrs. SCHROEDER, accurately maligned the integrity of the Na- and Means. Mr. SERRANO, Ms. SLAUGHTER, Mr. tion’s law enforcement officers; to the Com- By Mr. VISCLOSKY (for himself, Mr. VENTO, Mr. WALSH, Ms. WATERS, Mr. mittee on the Judiciary. STENHOLM, Mr. DOOLEY, and Mr. WAXMAN, Ms. WOOLSEY, and Mr. By Mr. SERRANO (for himself, Mr. BARRETT of Wisconsin): YATES): ACKERMAN, Mr. FROST, Mr. GONZALEZ, H.R. 1516. A bill to achieve a balanced Fed- H.R. 1523. A bill to amend the Solid Waste Mr. GENE GREEN of Texas, Mr. eral budget by fiscal year 2002 and each year Disposal Act to require producers and im- HILLIARD, Mr. JEFFERSON, Ms. EDDIE April 7, 1995 CONGRESSIONAL RECORD — HOUSE H 4433

Bernice Johnson of Texas, Mr. MCDERMOTT, H.R. 931: Mr. SPENCE, Mr. GILMAN, Mr. H. Con. Res. 21: Mr. JOHNSON of South Da- Mrs. MALONEY, Mr. MANTON, Mrs. MEEK of CLYBURN, Mrs. MINK of Hawaii, Mr. BISHOP, kota. Florida, Mr. MOAKLEY, Mr. NADLER, Mr. Mr. FATTAH, Mr. SERRANO, and Mr. MAR- H. Res. 122: Mr. COSTELLO, Mr. HILLIARD, OWENS, Mr. RICHARDSON, Mr. ROMERO- TINEZ. Mr. PALLONE, and Mr. SANDERS. BARCELO´ , Mr. STUDDS, Ms. VELAZQUEZ, Mr. H.R. 942: Mr. ENGEL. f WAXMAN, and Mr. YATES): H.R. 997: Mr. DICKEY, Mr. CALVERT, Mr. AN- H. Con. Res. 62. Concurrent resolution ex- DREWS, Mr. ACKERMAN, and Mr. BENTSEN. PETITIONS, ETC. pressing the sense of the Congress with re- H.R. 1020: Mr. EVERETT, Mr. ROTH, Mr. spect to pediatric and adolescents AIDS; to DEAL of Georgia, Mr. KINGSTON, Ms. RIVERS, Under clause 1 of rule XXII, the Committee on Commerce. Mr. CRAMER, Mr. HAYES, Mr. MONTGOMERY, 5. The SPEAKER presented a petition of By Mr. SOLOMON (for himself, Mr. Mr. SISISKY, Mr. SAXTON, Mr. HOLDEN, Mr. Marlene Y. Green from Pittsburgh, PA, rel- TORRICELLI, Mr. LANTOS, Mr. BURTON KING, Mr. LAZIO of New York, Mr. JONES, Mr. ative to national health care: which was re- of Indiana, Mr. ACKERMAN, Mr. CHAPMAN, Mr. STUMP, Mr. TRAFICANT, Mr. ferred to the Committee on the Judiciary. BROWN of Ohio, Mr. DEUTSCH, Mr. BURTON of Indiana, Mr. ROSE, Mr. SOLOMON, GEJDENSON, and Mr. FALEOMAVAEGA): Mrs. MEYERS of Kansas, Mr. MCCOLLUM, and f H. Con. Res. 63. Concurrent resolution re- Mr. ROGERS. lating to the Republic of China (Taiwan)’s H.R. 1023: Mr. MCCOLLUM. DISCHARGE PETITIONS participation in the United Nations; to the H.R. 1172: Mr. GREENWOOD, Mr. ACKERMAN, Committee on International Relations. Under clause 3 of rule XXVII, the fol- Mr. MEEHAN, Mr. KLUG, Mr. HYDE, Mr. SCHU- lowing discharge petition was filed: f MER, Mr. DOYLE, and Mr. BALLENGER. Petition 3, April 5, 1995, by Mr. VOLKMER H.R. 1233: Mr. DOYLE, Mr. GENE GREEN of ADDITIONAL SPONSORS on H.R. 920, was signed by the following Texas, Mr. POMEROY, and Mr. TORRES. Member: Harold L. Volkmer. Under clause 4 of rule XXII, sponsors H.R. 1234: Mr. STENHOLM. were added to public bills and resolu- H.R. 1251: Mr. FRANK of Massachusetts, Mr. f tions as follows: FROST, Mrs. COLLINS of Illinois, Mr. STUDDS, Mr. BISHOP, Mr. LIVINGSTON, and Mr. LIPIN- H.R. 28: Mr. KLUG. DISCHARGE PETITIONS— SKI. H.R. 367: Mr. BARRETT of Wisconsin. ADDITIONS OR DELETIONS H.R. 460: Mr. ROHRABACHER, Mr. PETERSON H.R. 1255: Mr. FIELDS of Texas, Mr. ROHRABACHER, and Mr. STOCKMAN. The following Members added their of Minnesota, Mr. MINGE, Mr. ORTON, Mr. names to the following discharge peti- CAMP, and Ms. LOFGREN. H.R. 1302: Mr. TORRES. tions: H.R. 530: Mr. SAM JOHNSON, Mr. TALENT, H.R. 1386: Mr. SOLOMON, Mr. HANCOCK, Mr. Mr. GREENWOOD, Mr. ENGEL, and Mr. GEKAS. ROHRABACHER, Mr. PAXON, Mr. TALENT, Mr. Petition 1 by Mr. CHAPMAN on H.R. 125: H.R. 540: Ms. RIVERS, Mr. BISHOP, Mr. CON- CHRISTENSEN, Mr. BARTLETT of Maryland, J.D. Hayworth and Tom A. Coburn. YERS, Mr. FATTAH, Mr. OBERSTAR, Mr. KIL- Mr. EHLERS, and Mr. MCCRERY. Petition 2 by Mr. STOCKMAN on House DEE, Mr. SERRANO, Mr. MCDERMOTT, Mr. H.R. 1400: Ms. NORTON. Resolution 111: John E. Ensign, Dave MCHUGH, Mr. CLYBURN, Mr. BARCIA of Michi- H.R. 1405: Mrs. COLLINS of Illinois and Mr. Weldon, Bernard Sanders, John T. Doolittle, gan, Ms. VELAZQUEZ, Mr. GILMAN, Mr. ACKER- TORRES. Wally Herger, Randy Tate, Jim Bunn, Robert MAN, Mr. MANTON, Mr. DEUTSCH, Ms. BROWN H.J. Res. 84: Mr. CLAY and Mr. BERMAN. K. Dornan, Joel Hefley, Steven C. of Florida, and Mr. GEJDENSON. H. Con. Res. 4: Mr. CALVERT, Mr. LaTourette, James M. Talent, and Phil Eng- H.R. 563: Mr. RIGGS and Mr. POMBO. HOSTETTLER, and Mr. BILIRAKIS. lish. H.R. 682: Mr. LAUGHLIN and Mr. MINETA. H. Con. Res. 5: Mr. FUNDERBURK. Petition 3 by Mr. VOLKMER on H.R. 920: H.R. 770: Mr. FAZIO of California. H. Con. Res. 12: Mrs. MORELLA. Harold L. Volkmer. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, FRIDAY, APRIL 7, 1995 No. 65 Senate (Legislative day of Wednesday, April 5, 1995)

The Senate met at 10:30 a.m., on the RECOGNITION OF THE MAJORITY They gave us the message on last No- expiration of the recess, and was called LEADER vember 8, and now we are turning it to order by the President pro tempore The PRESIDENT pro tempore. The into action. [Mr. THURMOND]. able majority leader is recognized. Action is precisely what House Re- Mr. DOLE. Mr. President, has leader publicans provided with the Contract time been reserved? With America. They can be proud that PRAYER The PRESIDENT pro tempore. Lead- they did what they said they would The Chaplain, Dr. Lloyd John ership time is reserved. do—all ten initiatives were put to a vote, with dramatic, and often bipar- Ogilvie, offered the following prayer: Mr. DOLE. I have two brief state- ments. I will use part of my leader tisan, results. Let us pray: time. If people didn’t already know that Lord God, Sovereign of this Nation, f the Senate is a far different institution we praise You for the gift of authentic with different rules, they know now. At THE FIRST 100 DAYS hope. More than wishful thinking, times, it seemed like the Democrat mi- yearning, or shallow optimism, we turn Mr. DOLE. Mr. President, it’s been 40 nority wanted to spend 100 days on to You for lasting hope. We have years since a Republican-controlled every bill. But, despite all the filibus- learned that true hope is based on the Congress had the opportunity to mark ters and delays, the Senate also any milestones. But when Republicans achieved what I believe will be seen as expectation of the interventions of became the majority party after all remarkable success. Your spirit that always are on time those years, we wasted no time in mak- Instead of taking most of January and in time. You are the intervening ing history. off, we got right down to business. Like Lord of the Passover, the opening of As we approach the end of the first the House, we acted immediately to the Red Sea, the giving of the Ten 100 days of the Republican Congress, I lead by example, forcing Congress to Commandments. You have vanquished want to take a moment to offer my live under the same laws we apply to the forces of evil, death, and fear congratulations to House Speaker everyone else. President Clinton quick- through the cross and the resurrection. NEWT GINGRICH and the House Repub- ly signed this long overdue initiative. All through the history of our Nation, lican majority for their spectacular With a strong bipartisan majority, we You have blessed us with Your provi- success with the Contract With Amer- approved S. 1, to stop Congress from dential care. It is with gratitude that ica. In his 1992 campaign, Bill Clinton passing unfunded mandates on to we affirm, ‘‘Blessed is the Nation promised to start his administration States and local governments, unless whose God is the Lord’’—Psalm 33:12. with ‘‘an explosive 100-day action pe- we send the money to pay for them. May this sacred season culminating riod.’’ Obviously, he had not met NEWT I’m proud to say that the unfunded in the Holy Week before us, including GINGRICH or a Republican Congress. mandates bill is now the law of the both Passover and Easter, be a time of Last November, the American people land, and has been signed by President sent a powerful message to Wash- rebirth of hope in us. May Your spirit Clinton. ington. They told us they wanted a Again, leading by example, Senate of hope displace the discordant spirit of Government defined by its limit, not and House Republicans put our budget cynicism, discouragement, and dis- by its reach. They demanded a return cutting zeal to the test right here on unity. Hope through us, O God of hope. to freedom and a renewal of oppor- Capitol Hill. Senate Republicans cut Flow through us patiently until we tunity. And they told us they were staff and overhead, reducing com- hope for one another what You have tired of Government promising too mittee budgets by 15 percent. hoped for us. Then Lord, give us the vi- much, and delivering too little. We voted to give the President the sion and courage to confront those From day one, the new Republican line-item veto, a long overdue tool in problems that have made life seem Congress demonstrated its commit- our efforts to rein in Government. To hopeless for some people. Make us com- ment to something all too rare in this bring real discipline to Federal spend- municators of hope. We trust our lives, town—keeping our promises to the ing, the House approved the balanced the work of the Senate, and the future American people. On January 4, we budget amendment to the Constitu- of our Nation into Your all-powerful rolled up our sleeves, and started turn- tion. Regrettably, the Senate fell one hands. In the name of the Hope of the ing the message from the people into vote short. But, we’re not giving up, World. Amen. action. and we hope one of our colleagues,

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S5527

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VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5528 CONGRESSIONAL RECORD — SENATE April 7, 1995 somebody out there, wherever, who spending by fighting the balanced p.m., with speakers permitted to speak may have voted ‘‘no’’ will understand, budget amendment, and the will of the therein for up to 5 minutes each. if we are going to have the discipline American people. Mr. CONRAD. Mr. President, I ask and force the Congress to make these The good news is, during the next 100 unanimous consent that I be able to tough decisions, the balanced budget days, the Republican Congress is deter- proceed for 15 minutes. amendment is very, very important. mined to protect our children, grand- The PRESIDING OFFICER. Without And I must say I welcome anyone children, and future generations of objection, it is so ordered. who wanted to be converted on that Americans by producing a budget plan Mr. CONRAD. I thank the Chair. issue because I think it is critical. To that will lead to balance budget by f me it is sort of the centerpiece of all 2002. It would be a lot easier if we had REPUBLICAN ACTION TO BALANCE the efforts we are making on both sides that one more vote on the Democratic THE BUDGET of the aisle. It is not a partisan issue. side, and I do not think anyone in this There is a new poll out today indi- Chamber would think that it would Mr. CONRAD. Mr. President, this cating that 78 percent of the American make it much easier for us to do that week does mark the final action in the people support the balanced budget if we had that discipline. I really be- House of Representatives on the so- amendment. I believe they understand lieve that someone will see the light, I called Contract With America. This probably better than we do that we hope. week, there will be all kinds of analysis need the discipline. We need to be able Mr. President, while the focus during of what the Contract With America has to say to people, Oh, we cannot do that. the past 100 days has been on the meant, and I wanted the chance to It is a great idea, but we have a con- House—and rightfully so—I believe the take stock and share my view as people stitutional amendment now for a bal- next 100 days will belong to the Senate, comment on the first 100 days of the anced budget and we cannot start a lot probably maybe the next 100 nights, so-called Contract With America. of new programs, which start low and too. There will be fewer recesses on the Let me say, as I said in a speech in end up in the millions and billions of Senate side. The House is going out for January, there are some parts of the dollars. 3 weeks. We are going out for 2 weeks. contract that are good, some parts of So it is my hope that, before this We have to catch up. the contract that I strongly support. In Congress ends, the balanced budget I do not quarrel with that because fact, we already have two parts of it amendment will be before the States the Founding Fathers realized that that have become law—the Congres- for ratification. It seems to me that is they needed one body that could move sional Accountability Act that will very, very important. very quickly. They wanted another apply to Members of Congress the laws Then just last night, we made a very Chamber where they would be more de- that apply to everyone else. I support important downpayment on deficit re- liberate and certainly nobody can it. We tried to get it passed last year. duction by cutting $16 billion in unnec- argue the point that we are very delib- It is now the law of the land. That is essary Government spending—not over erate. positive; and the unfunded mandates 5 years. The President advocated $16 In fact, we deliberate and deliberate bill, which will make it more difficult billion over 5 years. This year it is $16 and deliberate sometimes. We are not for the Federal Government to send or- billion in the Senate bill and $17 billion setting any deadlines. And no one ex- ders out to the States to fund some- in the House version. They will go to pects the Senate to be a rubberstamp thing that we deem necessary and ap- conference when we return after the re- for the House. But we will continue to propriate. That had gone too far. We cess. My view is that we will have a be guided by the common principles of have reined it in through legislation very tough but a very fair spending re- reining in Government, returning that is now also the law of the land. duction proposal to send to the Presi- power to the people and expanding op- Those are both positive things, in my dent. I hope that he will see fit to sign portunity. view. it. It is my hope that the Senate will ad- When we turn to the fiscal side of the We acted swiftly to ease burdens on dress many of the following issues, put- House, when we look at how the Con- working Americans, and those who cre- ting the budget on a path to balance: tract With America impacts the long- ate jobs and opportunities. We restored welfare reform. That is a big issue, not term economic health of America, the tax deduction for more than 3 mil- partisan. It is bipartisan, as it should quite a different picture emerges. Very lion self-employed Americans for the be. The President says he supports wel- frankly, the numbers just do not add cost of health insurance premiums. We fare reform; cutting taxes for families. up. eased burdens on job-created businesses There will be a tax cut, a substantial The proponents of the contract have by approving the Paperwork Reduction tax cut measure passed in the Senate; said they are going to balance the Act. And we took an important first reforming our legal system, regulatory budget; they are going to cut taxes; step in regulatory reform by approving reform, tough anticrime measures, vot- they are going to increase defense a 45-day congressional review of exces- ing on term limits and protecting U.S. spending, and it is all going to work. sive regulations which cost America interests in U.N. peacekeeping. Mr. President, we heard that same money and jobs. Mr. President, on January 4, I walked old song back in the 1980’s, when the The Republican Congress’ first 100 across the Capitol to the floor of the Republicans captured control of the days stand in stark contrast to the House because I had never had the Senate, they had the White House, and first 100 days of the Clinton adminis- privilege of seeing a Republican Speak- they told us they could cut taxes dra- tration. Instead of an explosive action er. Now I have, and I know I speak for matically, increase defense spending, period, President Clinton’s first 100 all of my Republican colleagues when I and balance the budget. days in office will be remembered for say I like the change. Tonight, Speaker What happened? Well, they cut taxes. big Government policy bombs, such as GINGRICH will report to the Nation on They increased defense spending, but the biggest tax increase in American the historic first 100 days of the Repub- the deficit and the debt of this country history, including retroactive tax in- lican Congress. I look forward to exploded. And now, Mr. President, we creases and tax hikes on Social Secu- watching, and I look forward to tack- are seeing a repeat of that tragic, trag- rity recipients, and a misguided, un- ling the important work that remains ic economic policy for this country. paid-for stimulus package that would ahead. Now we are seeing a repeat, deja voo- have added billions to the deficit Mr. President, I yield the floor. doo. We saw the economic policy of the Americans are demanding we control. f 1980’s referred to as voodoo economics, And in 1995, while Republicans were and indeed it was because it told the reining in Government during our first MORNING BUSINESS American people, when we already had 100 days, the Clinton administration The PRESIDING OFFICER (Mr. a deficit, that we could cut taxes, raise was at it again, producing a budget COVERDELL). Under the previous order, defense spending and somehow it would that gave up on trying to ever balance there will now be a period for the all add up. It did not add up then, it is the Nation’s books. And the President transaction of morning business that not going to add up now, and we ought protected Washington’s chronic wild will not extend beyond the hour of 1 not to repeat that experience.

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5529 That dug a deep hole for America— Our friends with the Contract With the table, you have to achieve those $2 quadrupled the national debt in this America have a $1.6 trillion—not mil- trillion of savings out of about $6.2 tril- country. Now we are faced with a cir- lion, not billion—$1.6 trillion credi- lion of spending, because we have cumstance in which we see the same bility gap with the people of America, taken half of the budget off the table. sold economic nostrums peddled to us because if we are going to honestly bal- Mr. President, that means we would once again. ance the budget, we are going to close have to cut everything that is left by a Mr. President, I think it helps if we the gap between spending and revenue third in order to achieve the savings. look at what is our current cir- over the next 7 years, that takes $1.2 Everything else would have to be cut cumstance. This chart shows what it trillion. If we are not going to use So- by a third. would take to balance the budget over cial Security surpluses, that is another I do not think that makes much the next 7 years. What are the cuts $636 billion, and now they have stacked sense—cut the highway program in this necessary to balance the budget if we on top of that $345 billion in additional country by a third; cut veterans bene- do nothing to make the problem worse tax cuts—nearly $2.2 trillion necessary fits by a third, after we made a solemn before we begin to solve it? This chart to balance the budget over the next 7 promise and pledge to them; cut edu- shows it would take $1.2 trillion of cuts years and they have come up with a cation by a third; cut every nutrition over the next 7 years to balance the measly $485 billion of cuts. program; every program to make this budget. Mr. President, they are not getting country a better place, cut them all by Mr. President, unfortunately, our the job done. a third. friends in the Contract With America, Now, if we look at the spending over Mr. President, there has to be a bet- before beginning to solve this problem, the next 7 years, the projection is that ter way of going about this. The Con- have taken the first steps which are to we will spend $13.2 trillion over the tract With America so far is certainly make it worse. It makes no sense. Just next 7 years. not delivering on its promise to make this week, they passed in the House tax Remember, we need now, based on the economic lives of Americans bet- cuts of $345 over the next 7 years. So the action they have taken over in the ter. One of the most disturbing aspects instead of starting by reducing the def- House, to save $2.2 trillion. We are in- of what has been done is to look at how icit, they have started by digging the tending to spend $13.2 trillion over that they have targeted the tax benefits. hole deeper instead of starting by fill- period of time. Because, let us be frank, they have ing in the hole. Well, that looks like a manageable targeted the tax benefits right at the Mr. President, this chart shows on thing to do. Look at where the money richest, wealthiest people in this coun- top of the $1.2 trillion of cuts necessary is going. Interest on the debt, over $2 try. They have said to those who are at to balance the budget over the next 7 trillion. In fact, we are going to spend the top, ‘‘You get the lion’s share of years, our colleagues in the House have more on interest on the debt over the benefits.’’ And they have said to every- added $345 billion of tax cuts over that next 7 years than we are going to spend body else, ‘‘You get the scraps.’’ period, so now we have a hole that is on the national defense. We are going Mr. President, let me just make this $1.555 billion. to spend $2.072 trillion on defense. We clear. We have had 100 days of the Con- Mr. President, one might ask: Where are going to spend $2.082 trillion on the tract With America, and the tax plan are the spending cuts from our friends interest on the debt. that they have passed gives 100 times in the House of Representatives, from What are the other big areas of the benefits to somebody earning over those who are advocates of the Con- spending? Well, Social Security is the $200,000 as it gives to a family earning tract With America, where are the biggest—$2.894 trillion on Social Secu- $30,000. If you are earning over $200,000 spending cuts to match the problem rity. We have Medicare, $1.847 trillion in America today, you get an $11,200 that we have of balancing the budget over the next 7 years; Medicaid, $962 tax cut under what they have done in over the next 7 years? billion. So those are real, the big pots the other House under the Contract Mr. President, here is what they have of money. And domestic discretionary With America. come up with so far, $485 billion—$485 spending, just over $2 trillion. Those If you earn over $200,000, you get an billion of cuts matched up against the are the big pots—Social Security, in- $11,200 tax cut. If you are a family need of $1.54 trillion necessary to bal- terest on the debt, defense, Medicaid, earning $30,000, you get a $124 tax cut. ance the budget over the next 7 years. Medicare, and domestic discretionary That is nearly 100 times as much going Unfortunately, the full picture is spending. to those earning $200,000 as to those even more serious. Let us just go to the In fact, one of the interesting things earning $30,000. next chart because the charts I have you find is in just five areas on the This is their idea of tax equity. This shown before this one assume we are budget, we are spending 75 percent of is their idea of fairness. This is their going to take Social Security trust the money—Social Security, interest idea of somehow making America bet- fund surpluses to reduce the size of the on the debt, defense, Medicare, and ter. deficit over this next 7 years. Medicaid. Mr. President, this is the same old If instead we were to balance the But our friends have said, well, there trickle-down economics that we have budget honestly and not be raiding So- are parts of this that we cannot touch. seen before. It is great if you make a cial Security trust funds to balance the Obviously, you cannot cut interest on lot of money, but it does not do much budget, what we find is instead of a $1.5 the debt. That is owed. We have to pay for you if you are in the middle income trillion hole to fill, we have a $2.2 tril- that. That is $2 trillion over the next 7 in this country. lion hole to fill. We have the $1.2 tril- years. So that is off the table. Frankly, the middle-income taxpayer lion of spending cuts necessary to bal- In addition, our friends have said So- will really pick up the tab, because we ance the budget over the next 7 years, cial Security is off the table. We are know what happened in the 1980’s with we have $636 billion of Social Security not going to touch that, because that is this economic theory. The debt ex- trust fund surpluses that will be gen- the most fundamental contract with ploded, the deficits exploded, and inter- erated over that period, and now be- America. We have taken taxes from est rates exploded and, as a result, the cause of House action we have the $345 people in order to assure that they re- things that cost middle Americans billion of tax cuts that they have ceive the benefits they have been money—home mortgage, college tui- passed. To balance the budget honestly promised. That is $2.9 trillion over the tion—all of those things skyrocketed. over the next 7 years we would need a next 7 years. That is off the table. So they get a $124 tax reduction. They whopping total of $2.191 trillion. In addition, in the Contract With will get many times that in increased Mr. President, again, let us see what America, they have said we are not expenses because of increased interest they have done with the Contract With going to touch defense. It is off the rates. America in terms of meeting that need. table. That is over $2 trillion over the Mr. President, this shows the Repub- We need nearly $2.2 trillion of cuts. next 7 years. In fact, they say we ought lican contract. Fifty-two percent of the They have come up with $485 billion so to increase defense spending. proposed tax cuts go to the top 12 per- far. That looks to me like a $1.6 trillion Well, when you take Social Security, cent of our population. Taxpayers with gap. interest on the debt, and defense off incomes of less than $100,000, 48 percent

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5530 CONGRESSIONAL RECORD — SENATE April 7, 1995 of the proposed Republican tax cut balance the budget of this country, to The first is that the new majority’s goes to taxpayers with incomes of less do it in an honest way without raiding budget has yet to be presented. He was than $100,000. The 12 percent at the top, Social Security trust funds and to se- talking about the tax cut provisions those earning more than $100,000, they cure a future for our children that is as that have come from the House, but we get 52 percent of the benefits. full of promise and hope as what was do not yet have the budget that has Again, I think a lot of people wonder: turned over to us by previous genera- been presented from the House or Sen- Gee, how is it? I read that in this Con- tions. ate Budget Committees. tract With America, they had a $500 Mr. President, I think the Contract I am comfortable that both those tax credit for children. How could it be With America has some good points— committees are going to come with that a family earning $30,000 a year congressional accountability, the no- budgets that move toward balance and only gets $124 of benefit? tion that we are no longer going to put do not add to the deficit. After all, it Well, you know why that is true, Mr. off responsibilities on States that are was the new majority that had to fight President? Because they have played a beyond their ability to pay for. But through this body the rescission cuts little trick. They played a little trick this economic game plan is bankrupt. from the House which were $17 billion in this tax plan. They did not make It does not add up. It is not fair, and it and, as the majority leader noted this that credit refundable. And so if you must be rejected. Then we must turn in morning, on the Senate side late last look at what people are paying now a bipartisan way to doing what we all night, $16 billion. I might add, that is a and the tax relief they will get, you know must be done: to get our fiscal stark contrast from what the President find that it is a big hoax; it is a big house in order, to get America back on came to Washington to do, which was trick. track and to create economic oppor- to add $16 to $19 billion just 2 years ago A family earning $30,000 gets $124 of tunity for the people that we all rep- straight to the deficit if it had not been benefits. Those with $200,000 of income resent. defeated by our side of the aisle. So he get $11,000 of benefit. That is fair? I do I thank the Chair and yield the floor. failed to address the fact that the new not think so. I do not think that is I suggest the absence of a quorum. budgets have yet to be seen. what the American people had in mind The PRESIDING OFFICER (Mrs. The second point he left out is that when they were told there was this HUTCHISON). The clerk will call the the only budget that has been given Contract With America. I do not think roll. that we have seen has been given to us they had in mind, when they talk The bill clerk proceeded to call the by the President of the United States. about a 50-percent cut in the capital roll. We do have that budget. That budget gains tax, that 75 percent of the benefit Mr. COVERDELL. Madam President, adds $200 billion to the deficit for as far goes to the top 12 percent in this coun- I ask unanimous consent that the order as the eye can see. If he had put the try; and that the other 88 percent of for the quorum call be rescinded. President’s proposal on his chart, it the people in this country get 25 per- The PRESIDING OFFICER. Without would have had to have reached clear cent of the benefit. I do not think that objection, it is so ordered. to the top of the ceiling. The President is what they had in mind. Mr. COVERDELL. Madam President, has totally ignored the deficit—totally Mr. President, this last chart shows it is my understanding that, under a ignored it. what is happening to the deficit. I previous order, each Senator is allowed The President was in Atlanta just thought under the Contract With to speak up to 5 minutes. this past week, and the President and America, they were going to balance The PRESIDING OFFICER. The Sen- the Secretary of the Treasury both the budget. But let us look at, after the ator is correct. said—this is an unbelievable state- enactment of the Contract With Amer- f ment—but they both said that the ica, what is happening with the deficit. United States is actually operating in BUDGET DEFICITS Do you know what one finds? The an operational surplus. That is a stun- deficit is going up. The deficit is not Mr. COVERDELL. Madam President, ning statement from the President, the going down. The deficit is going up. I have been presiding, as you are, over Chief Executive of the United States of I thought with this Contract With the Senate for the last couple of days, America, that we are actually oper- America, they were going to be reduc- and I would like to make some remarks ating—he told a group of 2,000 students ing the deficit. I thought they were about what I have heard from the other that we are actually operating with a going to be moving toward a balanced side, not the least of which we just surplus. budget. heard from the good Senator from He went on to say—asterisk—‘‘that They have now passed the whole Con- North Dakota. is, if you do not count the interest on tract With America and the deficit is First, I will say that the charts that the debt.’’ going up. What happened? What hap- he has described do one thing. They Of course, most people I go to work pened? They said in this Contract With very clearly paint a picture of the with every day and who live in my America that they were going to re- enormous financial crisis that our hometown and my State recognize that duce the deficits, reduce the debt, and country faces. It was just the other if they go to the bank and they ask for balance the budget. morning that I spoke before the Senate a loan and the loan officer says, ‘‘Your But after the Contract With America and I pointed out that within 10 years, financial statement just won’t allow is passed, the deficit is not going down, Madam President—and that puts vir- the loan,’’ they would say to the loan the deficit is going up. It is because the tually every American I have spoken officer, ‘‘Yeah, but if you don’t add all same old voodoo economics does not with at the table—all U.S. revenues the interest I am paying on my mort- add up. It does not add up. will be consumed by just five things: gage, I’d be in great shape,’’ you would Mr. President, this is going to be Social Security, Medicare, Medicaid, either be laughed out of the loan office pretty sobering for the American peo- Federal retirement, and the interest on or thrown out of the loan office. ple to find out that they put their trust our debt. Every dime of U.S. revenue Madam President, I am just going to in something and, once again, they are will have been expended by those five leave two points: One, the Senator disappointed. It is time for us to honor outlays in just 10 years. So it is going from North Dakota completely over- the most basic Contract With America, to be this generation that has to come looked that the budget they presented the pledge we took to uphold and de- to grips with this issue. is $200 billion in debt for as far as the fend the Constitution of the United We cannot pass the baton to anybody eye can see; that this administration, States. else. It is going to happen on our through the budgets that they have of- That is the real Contract With Amer- watch. The clock has run out. It will be fered and the actions they have taken, ica that every Member of the House this generation of Americans that are doing the equivalent of adding $2.2 and the Senate have. And we have a come to grips with this. trillion to the debt—$2.2 trillion to the duty and an obligation to secure the But as I listened to the Senator from debt. He left that completely out of his economic future of this country—a North Dakota as he was analyzing remarks. duty and an obligation. We ought to what our side of the aisle is coming And the second point I want to make move immediately upon our return to with, he left out a couple salient facts. is you cannot talk about what the new

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5531 majority planned until the new major- of lives that will be saved through the The PRESIDING OFFICER. Without ity puts its budgets on the table. They earlier detection of breast cancer. objection, it is so ordered. will be here soon, and they will move This is an excellent example of the f to a balanced budget by the year 2002. sound investment of taxpayers’ dollars I might also add, if the Senator from being paid off by saving thousands of GUIDE TO SMALLER GOVERNMENT North Dakota had voted for a balanced lives in both national defense and med- Mr. BENNETT. Madam President, I budget amendment, we might be on a icine. have several matters I would like to near course to getting this job done. I The National Information Display call to the attention of the Senate. yield the floor. Lab, or NIDL, is an inspiring arrange- First, in this morning’s Wall Street Mr. KERREY addressed the Chair. ment that needs to be duplicated by Journal, we have ‘‘A Bureaucrat’s The PRESIDING OFFICER. The Sen- other Government/private-sector rela- Guide to Smaller Government.’’ ator from Nebraska is recognized. tionships. NIDL provides the bridge be- The following was sent in by a Federal em- f tween Government/civilian-sector re- ployee who asked to remain anonymous so quirements and Government/civilian- she can keep her cushy Government job. U.S. INTELLIGENCE AND MEDICAL sector technology. By understanding She describes the way in which she COMMUNITY PARTNERSHIP both requirements and technologies, talked to her other Federal employees Mr. KERREY. Madam President, I NIDL is able to help close the gap be- or fellow Federal employees, asking rise to issue a challenge that I hope tween the Government and the private them, ‘‘How will you know that the will be answered with the creation of a sector. Perhaps the most significant Government is truly shrinking?’’ They stimulating partnership between busi- part of NIDL’s story is their funding. came up with their top 10 list. ness, medicine, and the Government, in NIDL relies on Government funding to These are the top 10 ways we can this case the Federal Government. An begin to develop technology, which is know that the Government is truly important relationship is developing then spun off to the commercial world shrinking: today between U.S. intelligence and for civilian and Government applica- (10) When the Equal Employment Oppor- the medical communities. tions. tunity [EEO] office has a layoff. Technology to support intelligence On Tuesday of this week, Madam She says: analysis is being adapted to improve President, the chairman of the Intel- Our EEO chief gets paid more than $70,000 significantly a doctor’s ability to de- ligence Committee, Senator ARLEN a year to coordinate ‘‘diversity’’ events and tect breast cancer in its earliest stages. SPECTER, and I announced intelligence spout aphorisms at meetings. When that sa- Over 46,000 women die each year. The community funding to begin the tech- cred cow gets a real job, I’ll know the change early estimates are, with this tech- nology transfer for breast cancer re- has come. Which brings me to * * * nology, that up to one-third of these search. The community is providing (9) No more paid time off for diversity or women could be saved as a consequence $375,000 to the NIDL to push the tech- charity events. of this technology conversion. nology ahead. We are all aware of the She says employees can get away The technology being developed is intelligence community’s keen sense of with murder because of the Federal simple to describe but very difficult to urgency, great technical expertise, and culture. It lacks an urgency to achieve. Daily, intelligence analysts excellent planning skills which will en- produce. deal with the problem of detecting sure that the push forward has an ef- A lazy but savvy employee can spend changes in photographic images they fective start. most of his or her workweek attending are reviewing. As they watch foreign I also want to personally thank such vital events as Earth Week, Wom- airfields, they want to know arrivals, President Clinton for making all of en’s Equality Day, AIDS Awareness bed-down, and departures of aircraft. this happen. His commitment to break- Day, or helping in the annual United As they watch foreign seaports, they ing down the walls between defense Way shakedown. want to know the arrivals, unloading, technology and commercial tech- She says: and departures of ships carrying cargo nology, and his passion to attack the I’ll know the cuts have had an impact of interest. Computer software can be Nation’s health problems with every when agencies like mine no longer can afford of great assistance in automatically weapon in our arsenal are the reasons to have an $80,000-a-year employee take ‘‘a detecting these sorts of changes at air- few months off’’ to work on the United Way this project is going forward. Once he fund drive. fields and at seaports. It is this intel- knew that intelligence systems could (8) When upper management is replaced for ligence technology that is being adapt- bring earlier detection of breast can- not making cuts fast enough. ed for the medical community. cer, this Government acted with deter- (7) When the entourage for agency heads Early detection of breast cancer cur- mination and dispatch. disappears. rently relies heavily on the judgment I began, Madam President, by saying She says: and professional experience of doctors that I was issuing a challenge. The My agency has about 600 people—small by who review mammograms and mag- challenge is this: Will all the inter- Federal standards. Even so, the guy who runs netic resonance images. A significant ested parties—Government, medical, the place has a scheduler who’s paid $70,000 a part of their judgment is based on com- and commercial—now pick up the ball year, a public relations staff to write his paring previous images with the cur- that has been put into play and carry it speeches and press releases, and a clutch of rent image of a woman’s breast. As in forward so that within 12 to 24 assistants and advisers * * *. A Congressman the intelligence world, detecting months—I emphasize this, Madam or Senator can get by with fewer helpers. Why not a bureaucrat? change is fundamental to under- President, because this start will not (6) When the newspaper subscriptions stop. standing what is going on. come to completion unless we set a Scientific or trade journals are one thing, Through some exciting developments deadline and say that within 12 to 24 but why does the Federal Government need managed by the National Information months, we are going to carry this to buy thousands of subscriptions to The Display Lab at the David Sarnoff Labs technology forward into the clinical Washington Post or the New York Times? in Princeton, NJ, computer analytical labs and clinics of this country, so that (5) When somebody gets canned—and techniques are being developed for the within this period of time, more wom- quickly—for running a business from his desk. medical community. Relying on the en’s lives will be saved through the ear- technology developed for intelligence, lier detection of breast cancer. The Na- This one struck me, interestingly. they are adapting the technology to tional Information Display Lab must She says: combat a dreaded disease that attacks be put on a sound financial basis, and I saw my first answering machine in 1979 1 in 8 women in America today. everyone must help. I hope the chal- on the desk of a Federal employee who was Madam President, I want to empha- lenge will be met. running a real estate business ‘‘on the side.’’ size that the tens of thousands of lives Moonlighting on the job is still lucrative, as I yield the floor. the chance of being punished, let alone fired, that already have been saved as a re- Mr. BENNETT. Madam President, I is very small. If the White House caves in to sult of intelligence technology by pro- ask unanimous consent that I be al- union pressure and won’t push for stream- viding more effective national defense lowed to speak in morning business for lined firing procedures, then the Hill should will be complemented by the thousands up to 15 minutes. do it and get these thieves off the payroll.

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5532 CONGRESSIONAL RECORD — SENATE April 7, 1995 (4) When top management takes cuts, too. senior civil servants who don’t or won’t SENATE VOTES $16 BILLION IN She talks about the hiring freezes at hustle. CUTS lower levels, but not at the top. (7) When the entourage for agency heads disappears. My agency has about 600 people— Mr. BENNETT. Now, Madam Presi- (3) When nobody says ‘‘because we’ve al- small by federal standards. Even so, the guy dent, I rise this morning to talk about ways published this report.’’ who runs the place has a scheduler who’s what happened in this Chamber last ‘‘Hundreds of Federal documents,’’ paid $70,000 a year, a public-relations staff to night. she says, ‘‘are published out of habit, write his speeches and press releases, and a I am interested in the fact that nei- not need.’’ clutch of assistants and advisers. These peo- ther the Washington Post nor the New No. 2, Madam President, as to how we ple are mostly civil servants, and they rep- York Times—the paper that considers resent a bloat at the top as they pamper and itself the paper of record in the United will know the Government is being cut package their boss. A congressman or sen- back: ator can get by with fewer helpers. Why not States—took proper notice of what When they take ‘‘solitaire’’ off the com- a bureaucrat? happened here last night. puter. (6) When the newspaper subscriptions stop. I would like to correct that and talk And (drum roll) the No. 1 way Federal Scientific or trade journals are one thing, about it for just a minute. I have here workers will be able to tell when big Govern- but why does the federal government need to a copy of the Washington Times, the ment is being cut: When there’s nobody in buy thousands of subscriptions to the Wash- upstart newspaper, and it says in the the cafeteria at 2 p.m. ington Post or the New York Times? headline ‘‘Senate Votes 99 to 0 for $16 She says: (5) When somebody gets canned—and Billion in Cuts.’’ quickly—for running a business from his I believe the Federal culture can change. Now, Madam President, we were here desk. I saw my first answering machine in But does the GOP Congress have the guts to 2 years ago, when the Senate was fight- 1979 on the desk of a federal employee who give the Federal bureaucracy a long-overdue was running a real estate business ‘‘on the ing about $16 billion—interesting sym- kick in the pants? Some of us will be watch- side.’’ Moonlighting on the job is still lucra- metry in numbers—for a stimulus ing for the signs. tive, as the chance of being punished, let package which we were told was abso- I found that amusing, and having alone fired, is very small. If the White House lutely essential to get the economy on served in the executive branch myself, caves in to union pressure and won’t push for its feet. Indeed, we were told on this somewhat familiar, Madam President. streamlined firing procedures, then the Hill floor that if we did not pass this stim- I ask unanimous consent to have the should do it and get these thieves off the ulus package of $16 billion in increased entire article printed at this point in payroll. spending, the economy would collapse, (4) When top management takes cuts too. the RECORD. people would be out of work, every- There being no objection, the mate- Hiring freezes and ‘‘reductions-in-force’’ are two tricks politicians and upper-level civil thing would fall apart. rial was ordered to be printed in the servants use, probably because lower-level We Republicans opposed the stimulus RECORD, as follows: employees get shuffled around while the top- package. We did not have enough votes A BUREAUCRAT’S GUIDE TO SMALLER heavy structure remains intact. Corporate to defeat it, but we had enough votes GOVERNMENT America has known for years that a flatter to prevent cloture, and we kept talking The following was sent in by a federal em- management structure is more efficient. A about it and ultimately it was taken ployee who asked to remain anonymous so smaller budget coupled with a results-ori- down. she can keep her cushy government job: ented Congress might do the trick for the That is, for those who do not under- Does tough, bureaucracy-busting talk from federal sector. stand the language of this place, the new Congress and the White House scare (3) When nobody says ‘‘because we’ve al- ways published this report.’’ I heard Mike ‘‘taken down’’ means that the majority the average federal worker? I’m a federal leader removed it from the floor and it employee and have yet to see any signs of Espy did something right at the Agriculture fear among my colleagues. Perhaps that’s be- Department. He stopped publishing the agen- was left for dead. cause I have yet to see any signs of real cy’s yearbook because nobody read it. Hun- We were told at that time, we have change in the federal government. dreds of federal documents are published out dealt the economy a serious blow. In- Yes, there are some grumblings about pen- of habit, not need. deed, that stimulus package was an ap- sions. But we’ve seen administrations and The original need for all this paper came propriations bill referred to as ‘‘an Congresses come and go, with their blue-rib- from the days when the federal government emergency.’’ It was an emergency ap- bon commissions on cutting budgets, pay was one of the few reliable sources of infor- propriations bill, the advantage of that mation—and when the kind of information it and jobs. Yet, budgets always continue to being that it did not have to come grow, hiring expands, and people get paid provided was difficult to get otherwise. more for doing less. Economists call that ‘‘market failure,’’ since under the budget requirements. I recently asked a few of my federal-work- the market couldn’t give the service. Today, You see, we have budget caps here er friends, ‘‘How will you know that the gov- there is no market failure in information, and they say this is what is required. ernment is truly shrinking?’’ Here’s our top thanks to modems and the Internet. Except But if you have an emergency appro- 10 list: for the Census (which is constitutionally priation, that goes above the budget (10) When the Equal Employment Oppor- mandated), the feds should stop handing out caps. We had this $16 billion stimulus tunity (EEO) office has a layoff. Our EEO information for free, cut the staffs, and let emergency before us and promises of chief gets paid more than $70,000 a year to the market take over. all kinds of dire disastrous events that (2) When they take ‘‘solitaire’’ off the com- coordinate ‘‘diversity’’ events and spout would occur if we did not pass it. We aphorisms at meetings. When that sacred puter. Gov. George Allen of Virginia did it to cow gets a real job. I’ll know the change has his state’s computers, and he was right. He did not pass it. The disastrous events come. Which brings me to... didn’t think Virginia could afford to have did not come to pass. And then, in this (9) No more paid time of for diversity or such addictive time-wasters on people’s Congress, to show the difference, we charity events. Today, the lazy but savvy desks, and the same goes for the federal gov- had a bill on the floor, a rescission employee can spend most of his or her work- ernment. bill—meaning we were cutting out of week attending such vital events as Earth And (drum roll) the No. 1 way federal the present fiscal year’s activities $16 Week, Women’s Equality Day, AIDS Aware- workers will be able to tell when big govern- billion. In business terms this is a $32 ment is being cut: When there’s nobody in ness Day, or helping in the annual United billion turnaround. Way shakedown. the cafeteria at 2 p.m. Employees can get away with this because There’s a story that now-Supreme Court While we were debating these $16 bil- the federal culture, in general, lacks an ur- Justice Clarence Thomas was hated when he lion in rescissions, in cuts, we were gency to produce, I’ll know the cuts have was a commissioner at the Equal Employ- told, again on this floor: Disaster. If had an impact when agencies like mine no ment Opportunity commission, because he you make those cuts you will be throw- longer can afford to have an $80,000-a-year would scour the coffee shops in the after- ing children out into the snow. If you employee take ‘‘a few months off’’ to work noons and order people back to work. Some- make those cuts you will be trying to on the United Way fund drive. day, I hope a manager will find an empty caf- balance the budget on the backs of (8) When upper management is replaced for eteria at 2 p.m. because his employees can’t those people least equipped to handle not making cuts fast enough. Politically ap- afford to goof off. pointed managers serve at the pleasure of I believe the federal culture can change. it. We were told how terrible that the president. If he’s displeased by an ap- But does the GOP Congress have the guts to would be. And we persisted. We stood pointee’s not being willing to cut, the ap- give the federal bureaucracy a long-overdue firm. pointee should go. Likewise, the appointee kick in the pants? Some of us will be watch- When I came on the floor last night should threaten transfers or demotions to ing for the signs. to vote I expected the vote on this bill

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5533 to be as close, if you will, as the vote curred last night signals as big a who earn over $250,000 a year. They are on the stimulus package was, because change in understanding of these two going to pay all the increased taxes we had heard all these terrible things. areas as it does with respect to how we and that is what we want. It is for the Then, when the vote started to come are going to handle our fiscal affairs. rich people to pay the taxes. As if only in, I was stunned to hear the people The first area that upsets small busi- Michael Jordan was going to have to who were voting for these $16 billion in ness people the most, as I go around pay more taxes; nobody else was going cuts. I thought maybe I am on the and talk to them, is the area of regula- to have to pay any more taxes. wrong side. Maybe this is a motion to tion, overregulation, but perhaps even Now, $250,000 a year is a lot of money table, because I am going to vote for more frustrating, simply stupid regula- for an individual, but it is not a lot of this. But the other kinds of Senators, tion—lack of common sense. It has money for a small business that is been my experience that we in the Con- who are voting for it, are not the ones growing. Many times, $250,000 a year is gress write legislation and we have a I expected to be for these cuts, having a problem. Why? Because the business relatively focused attitude as to what heard all this rhetoric. But I looked is growing and it needs money for in- will be regulated—about the distance around—no, everybody was voting for ventory, it needs money for receiv- between my two hands. We legislate to it. As the headline says in this morn- ables, it needs money for additional fa- this regard. ing’s paper, ‘‘Senate Votes 99 to Zero cilities. Where is the money going to for $16 Billion in Cuts.’’ Then, when the people in the execu- tive branch receive that piece of legis- come from? It is going to come from That demonstrates the change that the profits being generated. And the has occurred in just 2 years. We have lation they move the hands out and they start writing regulations within business, for tax reasons, is being taxed gone from $16 billion in a stimulus as an individual. package that we had to have or the these parameters—like the fish that I said in this body before, has anyone economy would collapse, bitterly got away, when it is being discussed here ever heard of a K–1? That is the fought over, highly partisan, narrow later on around the campfire. Then, tax form that a small businessman or vote—to a unanimous vote in the Sen- after these regulations are sent out the small businesswoman uses to report ate that says $16 billion can come out enforcers get ahold of them and they that income on his or her individual of the current fiscal year’s activities enforce them as if there are no param- tax return. I pointed out in that bar without hurting the economy. Indeed, I eters, and the hands spread even wider. graph that the President pointed to, 77 would suggest, it would help the econ- So the small business person comes to us in Congress and says, ‘‘What are you percent of the tax returns filed by peo- omy. ″ So I am delighted to have been 1 of doing to us? ple who were represented in that bar We say, ‘‘This is the legislation that the 99 that voted for those cuts. I am graph contained K–1 income. They were we wrote’’—back to the original dis- delighted to welcome the new converts people who were reporting business in- tance between the hands. come as if it were personal income in to the side of those of us who believe And they say, ‘‘But we are faced with that the Government can survive, that order to avoid double taxation. Yet, in inspectors who are regulating as if this body, we were saying they were we can downsize the bureaucracy, that there are no parameters at all.’’ we can get some progress toward bring- the rich and they had to have the tax We have, within this Congress, a pro- increase put on them. ing our fiscal affairs in order, regard- posal that would say after we legislate, I hope that on the basis of last less of the rhetoric that has gone and then the regulations are written, night’s vote, we will recognize that the around. the regulations have to come back be- way to balance the budget is not to say f fore the Congress and for 45 days we let us soak the rich, let us soak those SMALL BUSINESS get an opportunity to cut them back to the level that we had in mind when we who show this kind of income on their Mr. BENNETT. There is another passed the law. If we can make that personal tax returns, ignoring the fact point I want to make, Madam Presi- stick we will make a significant con- that in many, many instances, it is not dent. During the debates 2 years ago tribution to the health and welfare of personal income, it is business income there was a lot of conversation about every small business in this country that is being reported. And the busi- small business. Everyone loves small and, indeed, back to my comments ness needs that money desperately to business. Everyone recognizes that about the anonymous Federal bureau- continue the job creation pattern. small business is the engine that drives crat, we might even see some signs We would say, on the basis of last the economy, because all of the new job that Government is being brought night’s vote, the way to balance the growth comes not in the big businesses under control, and not so many people budget is the way we did it last night, but in small business. The new job are in the cafeteria after 2 p.m. with a 99–0 vote in favor of spending growth comes from the entrepreneurial The second area that was discussed cuts rather than the siren song of tax effort, the young man or young woman last year with respect to small business increases. who starts his or her own business, that frustrated me as a small business- I conclude with this comment, hires a couple of neighbors, then takes man coming to the Senate had to do Madam President, with respect to this on a few more and pretty soon you with tax policy. It was very clear to question of tax increases and spending have 8, 10, 12 employees where you had me, with all of the wonderful things cuts. none before. people were saying about small busi- In a business, you know what your If you multiply that by the thou- ness, that most of the Members of this costs are. And I look at what would sands, tens or hundreds of thousands of body did not understand how small happen if you were to cut your costs, opportunities around the country, you businesses really operate, and did not cut your overhead. You can project realize that is where the new jobs come understand the impact of our tax that with some degree of accuracy. The from. As the big businesses are changes on small businesses. We were downsizing, the small businesses are told, for example, that the tax increase thing you cannot project in a business providing the new job engine and op- would fall only on the rich. I remember with any degree of accuracy—well, portunity. clearly the chart which President Clin- maybe some degree, but it is pretty In the debate that went on with re- ton referred to in his address to the Na- dicey—is how your sales are going to spect to the economy 2 years ago, ev- tion, where he had a series of bar go, how your revenue is going to go up. eryone said kind things about small graphs and the bar graphs at this end So if you were facing a shortfall in business. But when it came to talking were very small. He said these are the your business, you can cross your fin- about the realities of small business I, people in this income bracket who will gers and hope that the sales will go up as a former small businessman, found pay more taxes and these are the peo- to cover that shortfall. I assure you, I an enormous amount of misunder- ple in this income bracket who will pay have done that many times in my ca- standing or, frankly, plain ignorance more taxes. These are the people in reer, hoping against hope that the sales about the way small businesses work. this income bracket. will go up. But the one thing you can Two areas concerned me the most and Now look at the people in this in- be sure of is that if you cut your over- I am hoping that this vote that oc- come bracket. These are the people head, those savings will be there in the

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5534 CONGRESSIONAL RECORD — SENATE April 7, 1995 following month even if the increased The clerk will call the roll. be increased but in fact we will start profits that you are hoping for, the in- The assistant legislative clerk pro- whittling away at the deficit so that in creased revenues that you are hoping ceeded to call the roll. the year 2002 we can start looking at for are not there in the following Mrs. HUTCHISON. Mr. President, I the long-term solutions to bringing month. ask unanimous consent that the order down the actual debt. Last night, we cut the overhead in for the quorum call be rescinded. A lot of people do not realize that ways that are predictable. When we The PRESIDING OFFICER (Mr. BEN- when we get to the balanced budget in raise taxes we are doing the same thing NETT). Without objection, it is so or- 2002, we still have the massive debt a business does when it raises prices dered. that we have to decide exactly how and then hopes that the customers will Mrs. HUTCHISON. Mr. President, I much of which we are going to pay not react negatively, hopes that it can ask unanimous consent that I be al- down. But that is for the second phase. raise prices and still continue to sell lowed to speak for up to 15 minutes in The first phase is to come to a bal- the same number of units it sold before morning business. anced budget every year, and that is the price increase. We in the Federal The PRESIDING OFFICER. Without our first commitment. Government have a miserable track objection, it is so ordered. The second commitment is a reform record of projecting how those price in- f of Congress. If we are going to look at creases are going to work. PROMISES KEPT the long term, if we are going to look I will give you two quick examples. at the future, we are going to have to Mrs. HUTCHISON. Mr. President, I Back as a result of the 1990 budget look at the reforms of Congress that think it is a phenomenal thing that summit, we raised prices—‘‘we,’’ the will keep from happening what we have happened in America. In the last 3 Government—raised prices on two seen over the last 30 years, which is a months, the people asked for some- items, luxury boats and luxury cars. buildup of this massive intrusion of the thing different. And in the last 3 We projected that we would get more Federal Government on our States, on months, we have done exactly what the revenue out of both of these. To show our local governments, and on the lives what wonderful forecasters we are, on people asked. If you ask a person to bring down to of our people, especially our small the luxury boat side, we took an indus- business people. If we are going to do try that had over capacity, that des- one or two words what the last 3 months mean, I would say ‘‘promises that, it is going to be not only bringing perately needed a price cut to survive, down the bigness and vastness of Gov- and mandated a price increase that de- kept.’’ I think the people of America were despairing that ever again, a poli- ernment, not only bringing down the stroyed the industry, caused massive arrogance of Washington, DC, but it is layoffs and huge unemployment com- tician would promise something and deliver. bringing down the power base of Con- pensation bills. We missed that fore- gress. cast terribly. That is what is happening right now I think the most important first step But before we say, ‘‘Oh, is that not in the Congress of the United States. I that was made by the House of Rep- awful that we missed that forecast,’’ commend the House of Representatives resentatives was on the first day— let us look at the forecast for the price for giving themselves a very heavy load hardly any press about it, but the re- increase on luxury cars. We missed and then succeeding in doing what they form of their leadership when they vol- that one just as bad, Madam President. said they would do. untarily voted themselves term limita- But fortunately, for the Treasury, we There are those who disagree with tions on chairmanships and the Speak- missed that one on the other side. The what the House did. Probably no one er of the House himself. That began the revenue that came in from the increase agrees totally with what the House did. process of bringing down the vast in tax on luxury cars was three times But if you look at the spirit and the in- power that has accumulated in these what we forecast it would be. tent and the strain of what they did, I What is the lesson to be drawn from think the people of America agree that Halls and really caused the massive in- that? To me, it is very simple; it is they did what they said they were creases in spending in the Federal bu- that the Federal Government, regard- going to do, and I think the Senate of reaucracy. So when the Speaker says less of how much we have invested in the United States will agree with many voluntarily I am not going to serve computers and economists and experts, of the concepts that the House has put more than 8 years, and when com- does a lousy job of forecasting what forward. mittee chairs say I am not going to will happen as a result of its changes in If we are going to let the people of serve more than 6 years, you have real- tax policy. But we can do a better job this country know that in fact their ly taken away a lot of the incentive to of forecasting what will happen as a re- voices did make a difference in 1994, do things that build power bases and sult of changes in spending policy. that the signal was received in Wash- instead have given the incentive to do So I think the lesson that comes out ington, DC, that the people want a dif- what is right from the public policy of last night’s action and our examina- ferent Congress and a different Govern- standpoint. tion of the contrast between this year ment, then I think we are going to The Senate is now looking at just and 2 years ago is this: We can get our have to continue into the second and such changes, and I think it is going to fiscal affairs under control. We can cut third 100 days going in the same direc- be healthy for us to also in this body through all of the rhetoric and the cry- tion that we are now going. look at ways that we can pass the lead- ing wolf and the horror stories and What does that mean? First and fore- ership around. It is a very important produce bipartisan support for spend- most, Mr. President, it is what you just reform. It is internal. It will not be ing cuts. Let us put the primary em- talked about on the floor of the Senate that well known outside the beltway. phasis, like good business people a minute ago, a balanced budget. First But it is a very important internal re- would, on controlling the spending and foremost, we have to start showing form that will have far-reaching con- rather than crossing our fingers and that we are serious about balancing the sequences. hoping for the increased sales. budget. Last night, we started on that The third area that I think is most If we do that, we are on the right road. We took some very serious and important to get our country back on course. And I, for one, take great com- tough steps right in this 1995 budget, track is regulatory reform. If we are fort out of what happened here last and we cut almost $16 billion that will going to free our businesses to compete evening and hope it will be the har- not be able to be spent between now in this new global marketplace, we binger for many more headlines that and October 1 of this year. must have the harassment of Federal say that the Senate votes unanimously So that is a beginning. It is a very regulatory excesses stopped now. Stop for substantial spending cuts. small beginning when you look at what right now. By every standard, the cost I thank the Chair. I yield the floor. we really must do. We must get on a of complying with Federal regulations The PRESIDING OFFICER. The track that says between now and the is holding down our small business and Chair, in her capacity as a Senator year 2002 we are going to go toward a our large business from growing and from Texas, suggests the absence of a balanced budget, that the $5 trillion expanding and creating the new jobs quorum. debt that is sitting out there will not that will get this economy going again.

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5535 By conservative estimates, they say viding for the future, of trying to make arms embargo on the former Yugo- that business costs of regulatory com- sure that there is a healthy America slavia to the Government of Bosnia and pliance are about $430 billion a year. If for our children, of trying to get the Herzegovina—which is an internation- you add the cost of regulatory compli- 10th amendment back in place, which ally recognized state and member of ance of States and local governments, says the powers not specifically given the United Nations. In addition to vio- it is about $900 billion a year. to the Federal Government will be left lating Bosnia’s fundamental right of To put that in perspective, Mr. Presi- to the States and to the people. We self-defense—a right which is recog- dent, the income tax brings in just must return the 10th amendment and nized in article 51 of the U.N. Charter— under $800 billion a year. So as you are we must let the States do what they this policy has had the effect of pro- getting ready on April 15 to send your know best, which is the needs of their longing the war. It has prolonged the tax bill in, when you sign that tax bill, people, rather than somebody in Wash- war by ensuring that the Serbs main- you should remember that what you ington sitting in an office who may not tain such a superiority in weapons that are giving to the Federal Government have ever been to Iowa or New Hamp- they are not compelled to sign any is less than the stealth tax of regu- shire or Texas or California or Utah de- deal—even one which rewards them latory compliance. That is the cost ciding what the priorities in that State with half of Bosnia as envisioned by that is holding our business down, from should be. the so-called contact group. growing and creating the new jobs. So My Governor, a Yale graduate, said, Now, the administration says that if we are going to free our business to ‘‘You know, I’m beginning to be a little this European-designed policy has compete, we must take off those regu- offended by those people up in Wash- managed to contain the war and pre- latory excesses. ington. Do they think I’m going to vented further humanitarian disasters. Does that mean we are going to stop serve potato chips to the children of We should not rush to pat ourselves on striving for clean air, clean water, pro- Texas? Come on. I think the people are the back for our great humani- tection of endangered species, safety in smarter than that.’’ tarianism until we look at the facts. the workplace? Heavens no. Of course, So, Mr. President, I think we have The facts are that over 200,000 people not. What we must put in the equation had a very exciting beginning. I think have been killed over the past 3 years, is common sense. We are getting horror the people of America can say one 17,000 of them children. Hundreds of stories every day about some silly, stu- thing right now and that is: things are thousands of civilians have been ex- pid thing a regulator does that is un- changing in Washington. Their voices pelled from their homes because of necessary, that does not help the Gov- are being heard. their ethnicity and religion. Con- ernment and most certainly hurts busi- Is it easy? No. It is going to be very centration camps, rape, and mass ness. And it is the business that is the tough. But is it a commitment on our graves have become the tolls of ethnic economic engine of America. So if we part to do what is right, not nec- cleansing—which is just another word can stop that regulatory excess, that essarily for tomorrow but for the long- for genocide. Homes, churches, and will be the most important thing we term, for 3 years, for 5 years, for 10 monuments have been reduced to rub- can do to get this economy going once years? That is the commitment that ble. Putting aside the human factor, again. the people of America must see and from an international legal perspec- So these are the areas that I think that is what we must talk about as we tive, the world has watched as a U.N. we must address in the second 100 days. go home and get the input from our member state has been attacked and These are the areas that I think are constituents. occupied. And, now international lead- going to be very difficult as we go for- I hope that every one of us will take ers want to reward those attackers and ward. I have heard Democrats in the this opportunity to do that, because I occupiers, ostensibly in the pursuit of Chamber here, I have heard Democrats think we have had a great beginning. I peace. on radio programs talk about starving think the people of America should be Yes, we must give credit to those the children. The people of America are assured that things are changing inside brave aid workers and U.N. soldiers smarter than that. The people of Amer- the beltway. And, with their support, who have sacrificed and risked their ica understand that we are not starving we are going to keep right on plugging lives to bring food and medicine to children when we give the States the and try to make sure that the small those in need. The policy is not their responsibility for school lunch pro- business people of this country are able fault; they do not make policy—policy- grams instead of running it from the to grow and create the jobs that will makers in Washington and European Federal Government. The people of let every American family see a better capitals do. Nevertheless, we should America are tired of silly, ridiculous future for their children. not fool ourselves, feeding people who statements like that that underesti- Thank you, Mr. President. are trapped in U.N. safe havens that mate their intelligence, because I I yield the floor. I suggest the ab- are anything but safe, while denying think the people of America who are sence of a quorum. them the means to defend themselves raising our children understand that if The PRESIDING OFFICER. The is bad policy. our children are going to have a future clerk will call the roll. Yesterday, the Bosnian Prime Min- at all, it is only if we begin to act re- The assistant legislative clerk pro- ister said in an interview that the sponsibly in getting this huge Federal ceeded to call the roll. Bosnians should prepare for a decade of debt off the backs of those very chil- (Mr. CRAIG assumed the chair). war. It may sound pessimistic to some, dren. Mr. DOLE. Mr. President, I ask unan- but in my view it’s pretty realistic if If they are going to have jobs in their imous consent that the order for the the present policy continues. Why future, if they are going to have edu- quorum call be rescinded. should Bosnian Serb leaders agree to a cation in their future, it is going to be The PRESIDING OFFICER. Without settlement? Why should Bosnian Serb only if we get this economy going objection, it is so ordered. forces give up any of the 70 percent of again. We cannot do it if we have a pro- f the territory they occupy? Because gram of spend now and pay later. That U.N. forces on the ground? Because of is what our program has been for the POLICY PROLONGS BOSNIAN NATO planes that fly overhead but do last 30 years in this country, save 1 or HERZEGOVINA WAR not bomb? 2 years of responsibility. Mr. DOLE. Mr. President, this week It is clear that the international Mr. President, I think the people of marks the third anniversary of the war community does not have the will to America need to listen very carefully. against Bosnia and Herzegovina. It also live up to its commitment to protect As we are going home for the next 2 marks the third anniversary of the the Bosnians, so why can’t we allow weeks in the Senate, 3 weeks in the international community’s failure in them to protect themselves? The House, I hope that the people of Amer- Bosnia—a failure the United States, present policy of keeping the U.N. ica will listen carefully to what their under both the Bush and Clinton ad- forces in Bosnia indefinitely amounts elected representatives are saying be- ministrations, has participated in. to occupation. UNPROFOR should be cause the messages could not be more The biggest mistake made by world withdrawn and the arms embargo different. Our message is one of pro- leaders was extending, in practice, the should be lifted. That is the only policy

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5536 CONGRESSIONAL RECORD — SENATE April 7, 1995 that makes legal, political, and moral before his first birthday, his mother Government by establishing the Fed- sense. And, it is the only policy that fell victim to that year’s devastating eral judiciary, adopting the Bill of offers any hope of bringing this war to influenza epidemic. Unable to cope Rights, and providing sources of rev- and end by creating a military balance alone, his father gave the child to an enue. on the ground. aunt and uncle who raised him in the He demonstrates that conflict be- Mr. President, if the cease-fire due to hardscrabble coal fields of southern tween the President and Congress did expire on May 1 is not extended and a West Virginia. Although he graduated not begin in the 20th century by re- peace settlement has not been agreed at the head of his high school class, the counting the dramatic tale of Andrew to by the Serbs, I intend to take up the hardships and poverty of those Depres- Jackson’s struggles with the Senate Dole-Lieberman legislation on the Sen- sion-era years in the early 1930’s made over the Second Bank of the United ate floor shortly after the April recess. college a luxury about which he could States. For the only time in its his- Three years of monitored genocide is only dream. His early life was one of tory, the Senate in 1834 actually passed enough. unremitting labor, as a grocery clerk, a a resolution censuring a Chief Execu- The PRESIDING OFFICER. The Sen- butcher, and a shipyard welder. In 1946, tive, although 3 years later Thomas ator from South Dakota. he won a seat in the West Virginia Leg- Hart Benton succeeded in persuading f islature, the first step toward a rich the Senate to expunge that action, and productive career of public service. thus vindicating the aging Jackson be- EXTENDING THE APPRECIATION Sixteen years after graduating from fore his presidential term expired. AND GRATITUDE OF THE U.S. high school, ROBERT BYRD enrolled in Senator BYRD relates the story of SENATE TO SENATOR ROBERT C. college while serving in the State legis- how Senators came to be elected by di- BYRD lature. Driving great distances between rect popular vote after more than a Mr. DASCHLE. Mr. President, on be- campus and capitol, he managed to century of being selected by the State half of myself and Senator DOLE, I send complete 70 credit hours of straight-A legislatures. He traces the flaws in the a resolution to the desk and ask for its course work while building an impres- original process and the efforts made immediate consideration. sive legislative record. In 1952, he won to improve it before a constitutional The PRESIDING OFFICER. The reso- a seat in the U.S. House of Representa- amendment finally entrusted the citi- lution will be stated by title. tives. Although without a college de- zens of each State with the choice of The legislative clerk read as follows: gree, he was admitted to law school their Senators. He also describes the A resolution (S. Res. 109) extending the ap- with the understanding that he main- later reforms included in the Legisla- preciation and gratitude of the United States tain at least a B average. In 1963, at age tive Reorganization Act of 1946 that set Senate to Senator Robert C. Byrd, on the 45, and nearly 5 years into his Senate the stage for the operation of the Sen- completion by the Senator of the 4 volume career, ROBERT BYRD became the first ate we know today. treatise entitled ‘‘The History of the United Unlike most histories of the United States Senate’’, and for other purposes. and only person to earn a law degree while serving as a U.S. Senator. Not States, Senator BYRD views the Na- The PRESIDING OFFICER. Is there surprisingly, he earned that degree tion’s great landmark events, like the objection to the immediate consider- cum laude. Civil War, World War I, the Progressive ation of the resolution? As he worked his way up the Senate Era, the Great Depression, and World There being no objection, the Senate leadership ladder—party secretary, War II, through the eyes of the Senate. proceeded to consider the resolution. party whip, party floor leader, Presi- He describes the way the body re- Mr. DOLE. I would just say I thank dent pro tempore, Appropriations Com- sponded to each, showing how the Civil the Senator from South Dakota for let- mittee chairman—he systematically War, for example, stimulated such ci- ting me be a cosponsor. Senator BYRD pursued his study of the Senate’s rules, vilian legislation as the Pacific Rail- is certainly a unique figure in the his- precedents, and history; of the Amer- road Act and the Land-Grant College tory of this country, let alone the Sen- ican Constitution; of the history of Act. ate. I extend my congratulations for England and of ancient Rome. Blessed Senator BYRD’s second volume takes his continued commitment to the insti- with a keen intelligence, a photo- a topical approach to the Senate’s his- tution as reflected in the four volumes. graphic memory, and seemingly limit- tory, discussing the way the institu- I certainly congratulate him for his ef- less energy, he devoured countless vol- tion has used its powers to approve fort. umes by such authors as Plutarch, treaties, confirm nominations, and THE SENATE AND ITS HISTORY Tacitus, Montesquieu, Gibbon, Ham- conduct impeachment trials. Made up Mr. DASCHLE. Mr. President, 206 ilton, Madison, Jefferson, and many of individual chapters on such topics as years ago yesterday—April 6, 1789, U.S. more. Senate leadership, organization, and Senate achieved a quorum and got Consequently, it should have come as officers, this book provides essential down to business for the first time. no surprise to his colleagues in the background on many matters that we This is a fitting occasion to commemo- Senate Chamber on a quiet Friday still debate today. A chapter on con- rate both the history of the Senate and afternoon in March 1980, when he deliv- gressional salaries, for example, tells the Senator who has become the Sen- ered the first in what would become a us that the subject has been controver- ate’s foremost historian. All of us have series of 100 richly textured addresses sial throughout the Nation’s history, heard ROBERT C. BYRD expound upon on the Senate’s history and traditions. with a public outcry forcing Congress the history of this institution, about His speeches appeared serially in the to rescind a salary increase on more the Constitutional Convention that CONGRESSIONAL RECORD and were later than one occasion. created it, and about its antecedents, combined into a magnificent four-vol- The four chapters on extended debate the British Parliament and Roman ume series published by the Govern- that discuss the development of filibus- Senate. In addition, he has regularly ment Printing Office. I urge all who ters and the evolution of the cloture applied his historical knowledge to hear or read what I say here today to rule offer perspective on the way delay- current floor debates. If anyone ques- explore these volumes, as I have. Today ing tactics have been used in Senate tions the need for studying history, the I would like to take a few minutes to debates and the techniques that have senior Senator from West Virginia has outline their rewarding content. been gradually developed to counteract offered living proof of its worth. Senator BYRD’s first volume takes them. Those Members new to the Senate the form of a chronological history of A chapter describing the history of and those viewers recently addicted to the United States from the point of the Senate Chaplain helped us earlier C–SPAN–II might understandably as- view of the Senate. In it, he describes this year when questions arose regard- sume that Senator BYRD spent his the events, personalities, and issues ing whether the House and Senate early years in the Nation’s finest that affected the Senate from 1789 to needed their own chaplains. The chap- schools pursuing a rich classical edu- 1989. Here are just a few examples: ter not only explained the origin of the cation. ROBERT C. BYRD enjoyed none He outlines the remarkable achieve- office but related that in the 1850’s the of those early advantages. On Armi- ments of the First Congress, which House and the Senate for a time stice Day, November 11, 1918, shortly fleshed out the form of our Federal stopped electing official Chaplains and

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5537 instead used local clergymen, who took the past are condemned to repeat it.’’ us, and for leaving the United States as turns offering the opening prayer. The By this he means that a knowledge of strong or stronger than when we en- Senate’s experiment lasted only 2 history can keep people from making tered it. The Senator from West Vir- years, as the practice became a burden the same mistakes over again, and ginia has amply accomplished that in on the Washington ministers who par- from reinventing the wheel. That is a his many legislative roles and as the ticipated. The House, too, soon re- legitimate concern for Members of the chronicler of the Senate’s rich history. turned to electing an official Chaplain. U.S. Senate entrusted as we are with There could be no more fitting way to Because of his interest in preserving enacting the laws of the Nation. But commemorate this singular anniver- the quality of senatorial oratory, Sen- Senator BYRD has demonstrated that sary date than to reflect for a moment ator BYRD pored over countless speech- there are many other compelling rea- on our indebtedness to this wise, es delivered by Senators since the sons for Senators to know their his- learned, and deeply respected col- 1830’s to select a sampling of more than tory. He has reminded us that we are league. 40 for the third volume of his history, driven by a document that was written On the occasion of the Senate’s bi- ‘‘Classic Speeches.’’ This collection in the 18th century and that has been centennial in 1989, ROBERT C. BYRD of- gives a flavor of the best of 19th-cen- amended only 27 times—most recently fered the following historical assess- tury rhetoric, combined with examples by an amendment drafted more than ment. His words should be inscribed of addresses from this century that 200 years ago by the principal author of over the entrance to this Chamber. have been carefully crafted by the the Constitution, James Madison. speaker to be affecting and persuasive. Each of us should commit them to Senator BYRD’s history has shown Samples range from old favorites like memory. He said: that the Senate’s original constitu- After two hundred years, [the Senate] is Daniel Webster’s ‘‘Seventh of March’’ tional powers and missions remain re- 1850 address on ‘‘The Constitution and still the anchor of the Republic, the morning markably intact. It retains its original the Union’’ and moments of high and evening star in the American constitu- influence over the enactment of legis- drama like Jefferson Davis’ emotional tional constellation. * * * It has weathered lation, the confirmation of nomina- the storms of adversity, withstood the barbs 1861 farewell to the Senate after Mis- tions, and the ratification of treaties. of cynics and the attacks of critics, and pro- sissippi seceded from the Union, to an The formal rules of the Senate are few vided stability and strength to the Nation example of campaign oratory by Ste- in number and have undergone only during periods of civil strife and uncertainty, phen A. Douglas from the 1858 Lincoln- panics and depressions. In war and peace, it seven general revisions in their more Douglas debates. From this century, has been the sure refuge and protector of the than two centuries of operation. The Senator BYRD’s, varied choices include rights of a political minority. And, today, Robert M. LaFollette’s impassioned precedents of the Senate are more vo- the Senate still stands—the great forum of 1917 plea for ‘‘Free Speech in War- luminous, representing the practical constitutional American liberty! time,’’ Richard Nixon’s televised application of those rules, and the The PRESIDING OFFICER. The ‘‘Checkers’’ speech during his 1952 strategies and tactics employed by gen- question is on agreeing to the resolu- Vice-Presidential campaign, and Ever- erations of legislators to achieve their tion. objectives. ett M. Dirksen’s moving exhortation to The resolution (S. Res. 109) was his party colleagues to vote for cloture The precedents are simply another form of history: what was done in the agreed to. on the 1964 civil rights bill. The preamble was agreed to. An introductory note preceding each past, why it was done, and how it af- The resolution, with the preamble, speech provides biographical informa- fects what we do today and tomorrow. reads as follows: tion about the speaker and places the As Senator BYRD’s speeches have illu- event in historical context. While some minated, some of these precedents date S. Res. 109 back to an era when Senators wore of these addresses deal with topics like Whereas Senator Robert C. Byrd on Fri- slavery that are no longer current, powdered wigs and knee breeches. Oth- day, March 21, 1980, delivered on the floor of many of the broader themes, like the ers from the days when the Nation was the Senate, an extemporaneous address on relative roles of the State and Federal divided in Civil War. Others from the the history, customs, and traditions of the governments, remain lively topics of great Depression, the World Wars, and Senate; debate even now. the cold war. Although these epochs Whereas on the following Friday, March 28, The fourth volume of the history is a are receding in time, the precedents set 1980, the Senator delivered a second, and statistical appendix that not only of- by Senators who served in those earlier once more spontaneous, installment of his chronicle on the Senate; fers a collection of fascinating facts eras still guide our daily business, just as what we do today will guide the fu- Whereas the first 2 speeches generated about the Senate but is constantly use- such intense interest that several Senators ful in helping us to place events in his- ture. The Senate, as ROBERT C. BYRD and others asked Senator Byrd to continue torical context. How many former Sen- has repeatedly pointed out, is a con- the speeches, particularly in anticipation of ators have ever served as Secretary of tinuing body, with at least two-thirds the forthcoming bicentennial of the Senate the Treasury? Twenty-five. Who was of its Members continuing through in 1989; the oldest Senator ever to serve? Theo- each election, and with its rules and Whereas over the following decade Senator dore Francis Green at 93 years and 3 procedures continuing uninterrupted Byrd delivered 100 additional addresses on months. One Member today is close to from one Congress to the next. various aspects of the political and institu- reaching or exceeding that record. How As an institution, we value our tradi- tional history of the Senate; many incumbent Senators have been tions—from the 19th century fur- Whereas in anticipation of commemo- nominated for President? I suspect nishings to the spittoons and snuff rating the 200th anniversary of the Senate, boxes here in the Chamber that link us Congress in 1987 authorized publication of quite a few of our current Members the addresses in suitable illustrated book- might be disappointed to learn that the to our past. length editions; total is only 14, of whom only 2 won Great Senators also left a legacy for Whereas between 1988 and 1994, Senator election. How often have Vice Presi- their successors. We sit at their desks Byrd meticulously supervised preparation of dents cast the tie-breaking vote in the in the Chamber, pass their portraits 4 volumes, including a 39 chapter chrono- Senate? No one has yet matched the and statues in the Halls. As part of his logical history, a 28 chapter topical history, record 29 such votes cast by the first four-volume history, Senator BYRD has a compilation of 46 classic Senate speeches, Vice President, John Adams. And in provided us with a collection of their and a 700 page volume of historical statis- these days of budget cutting, how has most memorable speeches. He has tics; the number of Senate employees fluc- helped us recall their examples, as we Whereas volumes in this series have re- tuated over the years? It has not al- defend and amend their past legislative ceived national awards for distinction from organizations such as the American Library ways increased, as some may believe. handiwork. Association and the Society for History in Has the number of cloture votes taken Those of us who serve today wish to the Federal Government; by the Senate in each Congress in- leave our own imprints on this institu- Whereas the 4 volume work, entitled ‘‘The creased in recent years? tion for those who follow us in the next History of the United States Senate’’, is the The philosopher George Santayana century. We want to be remembered for most comprehensive history of the Senate said that ‘‘those who cannot remember solving the problems that confronted that has been written and published;

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5538 CONGRESSIONAL RECORD — SENATE April 7, 1995 Whereas Senator Byrd has devoted tireless vania, to be an Assistant Secretary of mitment to veterans by nominating energy and tremendous effort to the prepara- Veterans Affairs. him to serve in this important posi- tion and publication of the historical books, Mr. GORTON. I ask unanimous con- tion. I urge my colleagues to give their enabling citizens of the United States to bet- sent that the nomination be confirmed, unanimous support to this nomination. ter understand the history, traditions, and uniqueness of the Senate; and the motion to reconsider be laid upon Whereas a better understanding by people the table, and that any statements re- f of the Senate and the role of the Senate in lating to the nomination appear at the our constitutional system of government appropriate place in the RECORD, the MALIGNMENT OF THE INTEGRITY will foster respect and appreciation for the President be immediately notified of OF THE NATION’S LAW EN- democratic traditions of the United States: the Senate’s action, and that the Sen- FORCEMENT OFFICERS Now, therefore, be it ate return to legislative session. Mr. GORTON. Mr. President, I ask Resolved, That the United States Senate The PRESIDING OFFICER. Without extends congratulations and appreciation to unanimous consent that the Senate Ju- objection, it is so ordered. Senator Robert C. Byrd for completing ‘‘The diciary Committee be discharged from History of the United State Senate’’, a mon- The nomination was considered and confirmed. further consideration of Senate Joint umental achievement that will educate and Resolution 32, the joint resolution by inspire citizens of the United States about Mr. ROCKEFELLER. Mr. President, I the Senate for generations to come. am delighted to join the chairman of Senators HATCH and BIDEN, and further that the Senate proceed to its imme- Mr. DASCHLE. Mr. President, I yield the Committee on Veterans’ Affairs, diate consideration; that the joint res- the floor. the Senator from Wyoming [Mr. SIMP- olution and preamble be agreed to, the I suggest the absence of a quorum. SON], in bringing the nomination of The PRESIDING OFFICER. The Dennis Duffy to be VA Assistant Sec- motion to reconsider be laid upon the clerk will call the roll. retary for Policy and planning before table; that any statements relating to The legislative clerk proceeded to the Senate and urging his confirma- the joint resolution be printed at the call the roll. tion. appropriate place in the RECORD. Mr. GORTON. Mr. President, I ask Dennis is a career VA employee who The PRESIDING OFFICER. Without unanimous consent that the order for began working for VA in the Pitts- objection, it is so ordered. the quorum call be rescinded. burgh regional office in 1974, 2 years So the joint resolution (S.J. Res. 32) The PRESIDING OFFICER. Without after he returned from Vietnam, where was passed. objection, it is so ordered. he served with the American division. The preamble was agreed to. The joint resolution and its preamble f For most of his career, he worked on benefits matters, both in the field and are as follows: MEDICARE SELECT POLICY in VA central office. Most recently, [The joint resolution was not avail- EXPANSION Dennis has been working in Congres- able for printing. It will appear in a fu- Mr. GORTON. Mr. President, I in- sional Affairs, where he is now the Dep- ture issue of the RECORD.] quire of the Chair if H.R. 483 has ar- uty Assistant Secretary for Congres- rived from the House of Representa- sional Liaison. f tives. The White House first indicated its The PRESIDING OFFICER. Yes; it intention last year to nominate Dennis LEGISLATIVE SESSION has. for this position, but his nomination The PRESIDING OFFICER. Under Mr. GORTON. I ask for its first read- was not received until after adjourn- the previous order, the Senate will re- ing. ment, so we were unable to take it up. turn to legislative session. The PRESIDING OFFICER. The I was delighted when the President clerk will report. again submitted this nomination early f The legislative clerk read as follows: in this Congress. A bill (H.R. 483) to amend title XVIII of the I think the job for which Dennis has DO NOT VETO H.R. 831 Social Security Act to permit Medicare se- been nominated—the VA Assistant lect policies to be offered in all States, and Secretary for Policy and Planning—is Mr. DOLE. Mr. President, I would for other purposes. terribly important. This vital position like to address a certain letter that is Mr. GORTON. Mr. President, I now has been vacant for nearly a year, and being passed around in the House to be ask for the second reading. it is important that the Senate act on sent to the President. I understand Mr. DASCHLE. I object. this nomination quickly so as to re- that the President may have already The PRESIDING OFFICER. Objec- store leadership to the office. received it. The letter urges the Presi- tion is heard. I had a very strong interest in the dent to veto H.R. 831, Permanent De- The bill will be read for the second role VA’s Office of Policy and Planning duction of Health Care Insurance Costs time on the next legislative day. played in health care reform during the of Self-Employed Individuals. The let- f last Congress, and I anticipate that ter has over 139 House Democrats’ sig- EXECUTIVE SESSION there is an important ongoing role in natures. The conference report to H.R. 831 Mr. GORTON. Mr. President, I move that area as the Congress seeks to ad- dress eligibility reform and other passed the House last week, and we the Senate go into executive session. passed it in the Senate on Monday. The The PRESIDING OFFICER. The health care matters. I am also very in- terested in many other exciting issues President received the bill on Tuesday, question is on agreeing to the motion. April 4, and it lies there waiting for the The motion was agreed to. that the office undertakes, which I look forward to working on with Den- President to sign it into public law. f nis in the weeks and months ahead. It is critical to 3.2 million tax filers EXECUTIVE CALENDAR I am very excited that Dennis will that this bill be enacted prior to April Mr. GORTON. I ask unanimous con- join another VA Assistant Secretary, 17—tax day. If it is not, then 11 days sent that the Senate immediately pro- Mark Catlett, as the second career VA from now, less than 2 weeks, 3.2 million ceed to the consideration of Executive employee nominated to an advice and filers will find that they cannot use a Calendar No. 105. consent position within VA. Dennis’ deduction that they have had since The PRESIDING OFFICER. Is there nomination to this position—a key po- 1986. Mr. President, 3.2 million filers objection? Without objection, it is so sition within VA—is a very positive will find that they will have to pay ordered. message for career employees through- more taxes than they did last year. And Mr. President, these 3.2 million fil- f out VA. Mr. President, Dennis Duffy has a ers are farmers, and small business DEPARTMENT OF VETERANS wonderful opportunity to serve the vet- owners all across America. AFFAIRS erans of the Nation in this new office. THE LETTER The legislative clerk read the nomi- President Clinton has shown great con- Now, this letter alludes that Repub- nation of Dennis M. Duffy, of Pennsyl- fidence in him, his work, and his com- licans somehow carved out a special

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5539 exception for one pending deal. I want awards from the American Women in amendment. In fact, they helped write to set the record straight. Radio and Television Organization. it. Even the Government of Pakistan The conference report simply clari- Nelle Bigbee wrote for numerous pub- did not object to the amendment be- fies the definition of a binding con- lications and received many awards cause they claimed they were not pur- tract, and let me add that this clari- from the Associated Press as well. She suing a nuclear option. fication was raised by a Democrat participated in many community, In fact, my amendment was consid- Member, not a Republican. church, civic, and professional activi- ered a compromise. Our former col- Second, the letter insinuates that ties, including the American Cancer league from California, Senator Alan during conference, Republicans took Society, American Heart Association, Cranston, had another amendment that out a provision imposing a tax on U.S. and United Way, just to name a few. immediately would have cut off aid to citizens who renounce citizenship. She was instrumental in organizing the Pakistan, without Presidential certifi- Mr. President, we have already been first Helen Keller play, and acted the cation, because he believed Pakistan through this. We explained earlier this part of ‘‘Aunt Ev’’ for several years. already possessed the materials needed week, that in the Senate we agreed to She held the distinction of being the to assemble a nuclear bomb. impose taxation on U.S. citizens who first female candidate to run for elect- In October of 1990, nearly 5 years renounce citizenship. But, this measure ed representative to the Alabama Leg- after the Pressler amendment became was adopted without the benefit of islature. law, the Bush administration was un- hearings. Subsequently, the Finance She was a wonderful neighbor of able to certify that Pakistan was not Committee’s oversight subcommittee mine. She and her departed husband in possession of a nuclear explosive de- held a preliminary hearing. This pro- Hatton were great friends. She was ad- vice. As a result, all U.S. direct aid and posal raises important questions, and mired and loved by all who knew her. military sales were terminated. At the the hearings exposed some serious con- Nelle Bigbee indeed lived a long, rich, time of the aid cutoff, Pakistan was at- cerns. We simply decided to not delay and multifaceted—even trailblazing— tempting to purchase a fleet of F–16’s action on H.R. 831 while we continued life. The talented Alabama journalists from the United States. Because of the to consider alternatives to this expa- and commentators of today owe her a enforcement of the Pressler amend- triate provision. That is right, let me great deal of thanks for her pioneering ment, delivery of the aircraft never set the record straight once again—we spirit and determination. I extend my took place. are not opposing this in any way. Just condolences to her entire family in the Despite claiming to have a strong the opposite, we want to get this done. wake of their loss, and join her many policy on nuclear nonproliferation, the The conferees asked the Joint Com- friends and admirers in reflecting on Clinton administration consistently mittee on Taxation to study this provi- the many outstanding accomplish- has shown hostility toward the Press- sion and other alternatives and get ments that defined her life and work. ler amendment—the only nuclear non- back to us by June 1, 1995. It is also f proliferation law with teeth. In the fall clear that this provision will be effec- of 1993, the Clinton administration tive as of February 6. WAS CONGRESS IRRESPONSIBLE? called for the repeal of the Pressler But while concerns remained with THE VOTERS HAVE SAID YES amendment, but backed off after pres- the provision, we did not include it in Mr. HELMS. Mr. President, as of the sure from Members of Congress. H.R. 831. close of business yesterday, Thursday, The Clinton administration last year Also, Mr. President, during floor de- April 6, the Federal debt stood at began to float a new proposal to grant bate in the House on the tax bill, one of $4,872,967,679,626.75. On a per capita a one-time waiver of the Pressler the signatories of the letter, Congress- basis, every man, woman, and child in amendment to allow for the delivery of man GEPHARDT, tried to put a similar America owes $18,497.87 as his or her at least 22 of the F–16 aircraft sought expatriate tax provision in the tax share of that debt. by Pakistan—aircraft that can carry bill—with an effective date of October f and drop a nuclear bomb. The adminis- 1, 1996, much later than the Finance tration’s proposal was originally un- PRESSLER AMENDMENT: STAY Committee provision. conditional, but was later modified THE COURSE The letter to the President claims with a condition that Pakistan promise that House Democrat Members want to Mr. PRESSLER. Mr. President, I join to cap its nuclear weapons arsenal. close an important tax loophole for the President, Members of Congress, In recent weeks, the Clinton adminis- millionaires, but it seems like they and the American people in welcoming tration has been at it again, proposing want to close it very slowly. the Prime Minister of Pakistan, Mrs. a $1 billion package of military equip- CONCLUSION Benazir Bhutto, to the United States. I ment, consisting mainly of the F–16’s. It is my sincere hope that the Presi- wish her well during her visit. I had the Frankly, Mr. President, I find simply dent gets the record straight. Because opportunity to meet with her in Paki- preposterous any proposal that would if he does not, and he decides to play stan just a few months after her re- transfer even one F–16 to Pakistan politics as usual, then 3.2 million farm- election as Prime Minister in October without first securing that nation’s ers, ranchers, small businesses, and 1993. I enjoyed visiting her beautiful compliance with the Pressler amend- taxpayers will suffer for it. country. The opportunity for lasting ment and its signature on the nuclear It has been 3 days since the President peace and economic growth both with- non-proliferation treaty [NPT]. received H.R. 831, and I urge the Presi- in Pakistan and throughout South Asia The latest Clinton F–16 transfer dent to sign it into law. There is no should be a top priority for the United plan—like the first—is unacceptable. I reason to delay any longer. It should be States and all the countries of that re- am astounded that an administration signed as soon as possible so that tax- gion. that pays so much lip service to the payers can finish preparing their tax I suspect that it is largely due to the cause of nuclear nonproliferation returns in time. visit of Prime Minister Bhutto that the would consider providing Pakistan f Clinton administration once again is with aircraft capable of carrying a nu- publicly questioning the effectiveness clear weapon. TRIBUTE TO NELLE M. BIGBEE of the so-called Pressler amendment, Never before in history has a nation Mr. HEFLIN. Mr. President, Mrs. the law that prohibits direct United sought to transfer nuclear delivery ve- Nelle M. Bigbee, a native of States aid to Pakistan. hicles to a country that has nuclear Tuscumbia, AL, passed away on March As my colleagues know, it was 10 weapons and say it is doing so in the 8 at the age of 92. An accomplished years ago that I successfully offered an interest of nuclear nonproliferation. writer, news commentator, artist, poet, amendment in the Foreign Relations The Clinton plan defies basic common and public speaker, Nelle was the first Committee to cut off aid and military sense. female newscaster in the State of Ala- sales to Pakistan if the President could Indeed, President Clinton’s proposed bama. Her daily radio and television not certify that Pakistan did not pos- military aid package to Pakistan programs, which were such a fixture of sess a nuclear explosive device. The would have the worst of consequences: the Tuscumbia community, won many Reagan administration supported the It would strike a serious blow against

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5540 CONGRESSIONAL RECORD — SENATE April 7, 1995 regional peace and worldwide nuclear dents go there to seek advanced de- succeed economically. I want to see nonproliferation; undermine the tre- grees in worldwide terrorism. Grad- peace achieved both within and beyond mendous economic progress that has uates of this university have applied Pakistan’s borders. I want to see our occurred in South Asia; launch a nu- their lessons of death in North Africa, nuclear nonproliferation goals clear arms buildup in South Asia; and the Middle East, and Asia. achieved. The administration can perhaps most frightening, increase the Terrorist violence is a mortal plague achieve all those policies by with- likelihood of nuclear weapons falling within Pakistan, leaving more than drawing its proposed aid package and into the hands of terrorists. Indeed, 1,000 people dead since the beginning of standing firmly behind the Pressler any individual who has an interest in last year. This wave of terror recently amendment. the future economic development of claimed the lives of two American dip- South Asia should have serious con- lomats, who were tracked down and f cerns with the Clinton administra- killed in cold blood. Even Prime Min- THE REAL MEANING OF THE tion’s proposal. ister Bhutto questioned whether or not CONTRACT WITH AMERICA I recognize that a number of U.S. she had the resources necessary to aerospace firms have a strong interest crack down on the militant organiza- Mr. DASCHLE. Mr. President, for al- in this issue. The transfer of F–16’s tions operating within her country. most 100 days now, we have been hear- would mean new business, new con- Others question whether or not Prime ing about the Contract With America— tracts, and new jobs here at home. I Minister Bhutto has enough political here in Washington and in my home suspect these firms are putting tremen- capital to take the tough action needed State of South Dakota. dous pressure on the Clinton adminis- to restore stability. This week we get their contact with tration to push for military aid to Therefore, I shudder at the thought America. Every time you open a news- Pakistan. of a nuclear capable government in paper or turn on your TV or your Mr. President, the aid package may South Asia that is incapable of radio—or even your computer—some mean more jobs at home, but it would controling its own military command Republican is speaking in superlatives come at a heavy price on a global scale. or restoring order at home. This inter- about what is happening in Congress. I do not believe any issue is more im- nal instability increases the possibility Not everyone shares that enthusiasm. portant to the security of all free peo- that nuclear weapons could fall into One of the most astute assessments I ple than nuclear nonproliferation, par- the hands of a terrorist state or organi- have heard of the Republicans’ 100 days ticularly in potential hot spots such as zation. It boggles my mind that Presi- was offered last week by a Capitol tour South Asia. I am concerned that the dent Clinton would propose an aid guide. When someone asked him what transfer of F–16’s would spark a nu- package that would add both to the had passed so far in this Congress, he clear arms race in South Asia. Government’s nuclear capability and said, ‘‘About 12 weeks.’’ The Clinton administration has trav- to the region’s instability. I can tell you a lot more has hap- eled this same road before. The cata- This fact raises yet another problem, pened in South Dakota during those 12 lyst for the nuclear tightrope walk which gets to the very essence of the weeks. Farmers and ranchers, who that occurred in North Korea was the Pressler amendment. Mr. President, have been gearing up for the spring perception by officials in Pyongyang the Pressler amendment was meant to planting and helping their livestock that the United States was not serious be a strong warning to an ally: If you through the calving season, are grap- about nuclear nonproliferation. I would go nuclear, it will come at the expense pling with the harsh realities of low have thought that after North Korea, of U.S. aid. The United States cannot commodity and livestock prices, hop- the Clinton administration would have condone—through taxpayer assist- ing there will be enough to support learned an important lesson. It does ance—the Government of Pakistan be- their families. not appear they have learned. coming a nuclear power. On Main Streets in cities and towns Once again, the administration is This policy has worked to a large de- across South Dakota, small business willing to be the catalyst for desta- gree. Pakistan has at least frozen the owners and employees are working bilization. The wrong signals are there. development of its nuclear program. A longer and harder just to maintain I fear India will be forced to rethink its number of states that pursued active their incomes. current military force structure if nuclear weapons research programs in In other words, life is going on in Pakistan takes delivery of the F–16’s, the 1980’s have abandoned them, in- South Dakota, and people are trying to including resumption of their nuclear cluding Argentina, Brazil, South move forward, looking toward change program, deployment of short-range Korea, Taiwan, and South Africa. They in Washington to help them realize weapons, and even development of responded to American diplomacy and their dreams. long-range options. their own good common sense. It is The tradition of scrutinizing the first Further, Mr. President, we must con- worth noting that both South Korea 100 days really began, as you know, sider not just the instability between and Taiwan have antidemocratic neigh- with President Franklin Roosevelt. India and Pakistan, but instability bors and the temptation to hide behind Most students of government still con- within Pakistan itself. With all due re- a nuclear shield is undoubtedly high. sider the first 100 days of the New Deal spect to Prime Minister Bhutto, I have In one of the worst ways imaginable, to be the most successful in the history very serious concerns about the ability the Clinton administration’s proposed of the Federal Government. And no of her civilian government to hold its military aid package would be seen as wonder. By the end of President Roo- military leaders accountable to civil- a certification and acceptance of Paki- sevelt’s first 100 days, Congress had ian-based policies. I urge my colleagues stan as a full-fledged nuclear power—a passed an extraordinary package of 15 to examine closely this military-civil- signal that runs counter to our own bills that fundamentally changed the ian chain-of-command issue. support and insistence for the ratifica- relationship between business and Gov- We also must examine the inability tion of the NPT. Pakistan is not a sig- ernment, and individuals and Govern- of Mrs. Bhutto’s government to re- natory of the NPT. It does not allow ment. spond effectively to the shocking wave inspections. Yet, these facts do not It was an agenda that was firmly of violence sweeping her country. Ter- seem to be important to the Clinton rooted in FDR’s belief, as he said, that rorist groups, such as the Harkatul administration. Just as ominous, the ‘‘the future lies with those wise polit- Ansar—the Movement of Friends—are proposed military aid package tells ical leaders who realize that the great based in Pakistan, but have links to other countries that there are no long- public is interested more in good gov- similar groups in Iran. The New York term penalties for going nuclear. ernment than in politics.’’ That is a Times recently reported that a massive Mr. President, I have made this sentiment you won’t find in the Repub- worldwide network of Islamic ter- point: The administration’s proposal to licans’ Contract With America. For it rorism was traced to a university in change the Pressler Amendment is a was politics pure and simple—the 1994 Peshawar—the University of Dawat bad policy. I urge my colleagues to re- election and a mountain of polling and Jihad. This is not a run-of-the-mill view it carefully, but skeptically. Let data—that gave us the so-called con- institution of higher learning. Stu- me reiterate: I want to see Pakistan tract.

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5541 Franklin Roosevelt knew to be skep- the wrong side now. We have heard a more than 6 million new jobs, the real tical of people, like so many in this lot about the casualties of the con- income of most Americans is declining. new Republican majority, who promise tract, but the biggest casualty is not a Each year, it takes more people easy solutions to hard problems. He person or a group. It is Americans’ working more hours in a family just to could easily be speaking of today’s Re- sense of values—our sense of fairness. afford the basic. Eighty percent of publican majority when he commented Most of all, it is our fragile but essen- America’s families have not seen their on their predecessors more than 60 tial belief that if we work hard, we can incomes rise since the 1970’s. Eighty years ago. make a better life for ourselves and our percent. And this is true despite huge ‘‘Let me warn you and let me warn kids. increases in two-income and even the Nation,’’ he said, ‘‘against the This ethic, this belief, was ingrained three-income families. smooth evasions of those who say, ‘Of in all South Dakotans. This belief, this Even in the 1990’s, the richest one- course we agree with all these things. value, is essential to our survival as a third of Americans are getting richer, ‘‘ ‘We believe in Social Security. We democracy. while incomes for everyone else keep believe in work for the unemployed. We De Tocqueville wrote that it is our falling. And let me tell you, that is believe in saving homes. Cross our values, even more than our laws, that fundamentally wrong. And Democrats hearts and hope to die, we believe in all enable Americans to maintain this de- must fight it. these things. But we do not like the mocracy, and that fundamental insight Not long ago I had a young father way the present administration is into our character remains true to this tell me, ‘‘Either I can spend time with doing them. Just turn them over to us. day. my family or support them—but not We will do all of them. We will do more If people do not know the difference both.’’ Those are not conditions for of them. We will do them better. And between right and wrong, all the pris- teaching moral values. They are an in- most of all, the doing of them will not ons in the world will not keep us safe. vitation to moral anarchy. And the ex- cost anybody anything.’’’ If children come to school with no treme agenda of the new majority—de- Does this sound familiar? It should. sense of discipline, no respect for au- spite all its pious and populist rhet- That is the Big Lie on which the con- thority, the best teachers and, the best oric—is almost certain to make mat- tract is constructed: ‘‘We can balance computers in the world will not make a ters worse. the budget. We can increase military difference. And if young people grow up Because it is designed to reward the spending. We can give more tax breaks in a society that does not reward hon- rich and the well-connected at the ex- to the rich. And it will not cost any- est work, no welfare reform plan in the pense of America’s middle-class fami- body anything. In fact, you and your world will work. lies. That is wrong and Democrats family are going to get money back.’’ We cannot solve our problems with a must fight it, make no mistake: The Clearly, the promise to fundamen- law or a check—or even the threat of new Republican agenda is worse than tally change the Federal Government no check. If we want to restore the indifferent to the needs of working sounded very good to some people last American dream, we have got to re- families. It is downright hostile to November. But were they voting for store American values. And that means them. It is trickle-down economics the Republican contract? The fact is, strengthening America’s families. with a vengeance. And if it is enacted, they were not. Less than 5 percent of Families are where values are taught it will destroy much of the middle Americans had even heard of the con- and learned. But teaching values takes class. tract on Election Day. Even now, polls time. It takes time. If you doubt it, just look at some of show that the more people hear about And time is something that most the tax changes Republicans are pro- the contract, the more nervous they families have less of every year. I hear posing: get. And with good reason. To para- this every time I go home. One of the more moderate members phrase Pogo, we have met the enemy in One story this year that didn’t get of the Republican party is proposing the Republicans’ contract, and it is us. perhaps quite as much attention as it that we repeal income taxes on stock It is not big-money special interests deserved was a series of strikes by profits. In other words, let’s tax only the Contract targets—Republicans autoworkers who were protesting man- wages. And some Republicans want to have invited the lobbyists into their of- datory 50- and 60-hour workweeks. protect the tax loophole that allows fices to rewrite the laws. The enemy in The workers said the extra pay just billionaires to renounce their U.S. citi- the Republican contract is not even the wasn’t worth the price they were pay- zenship to avoid paying taxes on the infamous waste, fraud, and abuse. ing in burnout and in time spent away fortunes they have made in this coun- It is working families and their chil- from their families. try. dren in South Dakota and across the The conflict many workers feel be- You know, when George Washington Nation. tween trying to be both good providers found out that Benedict Arnold was a They can wrap it up in new and good parents was best summed up traitor he probably thought about a lot spinmeister packaging, but the strug- by a single mother at a GM factory in of things. He probably thought about gle at the center of the contract is the Michigan who had just put her son in flogging him. He probably thought same struggle that has defined the dif- counseling and just learned that her 18- about hanging him. He probably ference between the Republican and year-old daughter was pregnant. thought about taking everything he Democratic Parties for generations. You know what she said? She said, ‘‘I owned. But I guarantee you one thing It is the struggle between the rich keep thinking that maybe if I’d been he never thought about was giving him and the rest of us. able to spend more time with them this a tax break. We do not have any billionaires in wouldn’t have happened.’’ What kind of contract is that? South Dakota who will benefit from That is a conflict more parents live Of course, many of us feel that the the tax loophole Republicans are fight- with each year. From the late 1960’s to contract is more noteworthy for what ing to protect that allow billionaires to the late 1980’s, the average workyear it leaves out than for what little it ac- renounce their citizenship to avoid for American workers increased by 163 tually does. The contract offers no paying taxes on the fortunes they have hours. You know what that is? That’s blueprint to create more jobs or better- made in our country. an extra month each year. paying jobs. And, it offers no plan to We do not have a lot of powerful cor- Today, fewer than one-third of Amer- fix any of the other problems that are porate lobbyists who have gained un- ican families have time to eat even one undermining Americans’ economic se- precedented access to the Congress. meal a day together. And nearly 7 mil- curity. What we do have in South Dakota lion children—including half a million Quite the opposite, the Republican are hard-working families who wamt pre-school kids—spend at least part of agenda makes it harder for people to change, who want more opportunities each day all alone. climb the economic ladder by gutting for themselves, and a better future for Why are parents spending less time worker training programs and college their children. with their kids? The answer is simple: loans. Republicans were on the wrong side In spite of an unprecedented effort by Under the Republican contract, 27,165 of this struggle before, and they are on the Clinton administration to create South Dakota college students will pay

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5542 CONGRESSIONAL RECORD — SENATE April 7, 1995 more for their student loans. Who President Clinton and a Democratic As a former history professor, NEWT knows how many who cannot afford the Congress last year passed a tough new GINGRICH should remember the words higher priced loans will simply drop crime bill that puts 100,000 more police of his favorite President who said that out. on the street, including 77 in my home ‘‘the only limit to our realization will It makes it harder for poor families State. Now Republicans want to gut be our doubts of today.’’ to escape welfare by blocking any in- that bill. That is dead wrong. And While Democrats do not advocate crease in the minimum wage. Democrats will fight it. going back to the programs of the New The Republican agenda leaves vir- Making sure our values shape our Deal, we believe that the values that tually every American family at risk public policies means we need to listen shaped that agenda are as valid today of financial ruin by refusing to reform to average people, not campaign con- as they have ever been. The realization health care. For some, the past 100 tributors. In Washington and in every of tomorrow must be built from the re- days simply means that more people State capitol in this country, holy alization of strong national leadership are without health insurance in South wars are being waged with unholy today, the kind of leadership the Amer- Dakota and a lot of people—and hoping amounts of money. People don’t know ican people have turned to throughout they do not end up like some of their where the buck stops anymore. They our history, and to which future gen- neighbors—the 1,200 retirees of the only know it stops the debate. erations must turn, not just for 100 Morrell meatpacking company in And this is wrong. And Democrats days, but for that many years, and Sioux Falls, who suddenly lost their will fight it—by pushing for real cam- more. health benefits 2 months ago. paign finance reform—in this session of And, the contract undermines our ef- Congress. f fort to enforce laws protecting Ameri- Making sure our values shape our cans from polluted air and water, from public policies means helping workers spoiled meat and killer toys and a learn new skills so they can keep their SCHOOL-TO-WORK: A LARGER whole host of other dangers. job or get a new one. Not long ago, VISION The big winners in the contract are Speaker GINGRICH called unemploy- Mr. PELL. Mr. President, in Novem- the lobbyists and special interests, who ment insurance ‘‘vacation pay for free- ber of last year, Mr. Sam Halperin of Republicans have invited—quite lit- loaders.’’ Republicans may think that the American youth policy forum ad- erally—into committee rooms to write makes a good sound bite, but it’s small dressed a statewide conference in the laws as they choose. and insensitive. If we value work, then Rhode Island on implementation of the The big losers, of course, are working let us treat workers with dignity. Give new School-to-Work Opportunities Act families, who are going to end up pick- ing up the tab for the special inter- them the tools and training they need of 1994. His thoughts bear careful con- ests—the same as they did in the 1980’s. to earn their own way, and they will sideration not only as we move this act That is wrong, too, and Democrats will not need unemployment insurance or from legislative provision to program fight it. anything else from government. but also as we approach reauthoriza- The biggest problem with the con- Finally, making sure our values tion of the Vocational Education Act. tract is not simply that it threatens to shape our public policies means helping Mr. Halperin is a distinguished edu- bankrupt working families economi- middle-class pay for college with af- cator whose views merit careful consid- cally. It is also morally bankrupt. fordable loans or the sweat equity that eration. He has served as Deputy Com- Democrats have a responsibility to comes from national service. missioner in the old Office of Edu- challenge not just the details of the In asking Congress to do these cation, Deputy Assistant Secretary at contract, but the underlying values as things, Democrats are only asking the the Department of Health, Education, well. We need to raise our voices, par- Republican majority to do what the and Welfare, and the director and first ticularly in the face of the extreme American people expect them to do: to president of the Institute for Edu- new agenda of the Republican Party. lead. Their refusal to even discuss our cational Leadership. We need to find new ways, new tech- proposals makes it clear that Repub- I would ask that the full text of Mr. nologies, to communicate our basic be- licans do not oppose the way we Demo- Halperin’s remarks be placed in the liefs, and, we need to expand the debate crats have done the job of fighting for RECORD. to include values that matter to work- working families and children. They There being no objection, the mate- ing families. Values like fairness and are fundamentally opposed to the job rial was ordered to be printed in the tolerance, genuine opportunity, and being done at all. RECORD, as follows: generational progress. I said at the beginning of my re- SCHOOL-TO-WORK: A LARGER VISION More important, we need to make marks that the American people did sure that our values shape our public not vote for the Republican contract (By Dr. Samuel Halperin) policy. Too often, government policies because most had not even heard of it. Thank you for your invitation to help de- do not reflect our nation’s values. Instead, they were voting to continue velop Rhode Island’s plans for implementa- Sometimes they have actually exacer- the original Contract With America. tion of the School-to-Work Opportunities bate the conditions they were created They voted to make America a place, Act of 1994 (hereafter STWOA). I have no once again, where people still believe doubt that you will soon win one of the fed- to eliminate. eral implementation grants, grants already No matter how noble their original in values like tolerance and fairness, awarded to eight other states. purpose, when we try to protect failed and parents still have the time to My only doubt is whether your vision will programs, we undermine the credibility teach those values to their children. be as large-spirited and as bold as the federal of government and thus the ability of America can be what America was, a Act itself. Will you seize the opportunity to government to help the people who de- place where you can get ahead if you rethink the essential nature of schooling at serve help. work hard. We can make America that the dawn of the 21st Century? Will you con- So, making sure our values shape our kind of place again. But it’s going to struct a total quality system in which each public policies mean, first of all, ac- take more than angry demagoguery of the parts supports and advances the wel- knowledging when something is not and more than the mad dash of 100 fare of all the other parts? That is the chal- lenge. That is the opportunity. working. Making sure our values shape days. our public policies also means reform- Americans understand that. Because SCHOOL-TO-WORK OPPORTUNITIES ACT: ing our welfare system so that it re- leaders like Franklin Roosevelt taught ‘‘HISTORIC, LANDMARK’’ LEGISLATION wards work. It means encouraging fam- us. President Roosevelt led this Nation Five features of the new Act qualify it for ilies to be strong and to stay strong. through a depression and a world war. designation as ‘‘historic,’’ even ‘‘landmark,’’ Making sure our values shape our pub- He knew that good government is gov- legislation: lic policies means we need truth-in- ernment which unites this country, not One, previous federal legislation focussed mostly on the disadvantaged (Job Training sentencing laws. We need to hold peo- divides it. It is government that offers Partnership Act, JOb Corps, ESEA Title I). ple responsible for their actions. And hope, not fear—that proposes real solu- STWOA is the most universal, non-means- we need to protect people from crime tions where there are real problems. He tested effort to date. It is intended to help in the first place. led, so others were willing to follow. all students who have not yet completed

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5543 high school, regardless of their economic knowledge and behaviors they need to ket: (1) cognitive skills, (2) broad technical status. achieve economic earning power and, in skills (especially computer literacy and its Two, STWOA is the first federal education turn, achieve the American dream. applications), (3) postsecondary education legislation to declare that preparation for STW will also help to provide American and, (4) human relations and workplace earning a living is one of the legitimate and employers with the qualified workers they skills, like getting along with colleagues and important roles of schooling for all students, need. Through new or expanded local part- supervisors, working well in teams and dem- including the college-bound. nerships, employers will work with teachers onstrating reliability, responsibility and ini- Three, previous federal legislation implied to develop and implement curricula that tiative. that learning is the near-exclusive province span both the school and work sites, setting BASIC PREMISES OF SCHOOL-TO-WORK of the schools. STWOA affirms that learning high standards for student performance and takes place in families, communities, credentialing youth for good careers. Building on this knowledge base, STWOA schools and workplaces. Employers and To the architects of STWOA, the Act is a offers no precise blueprint, no road map or worksite learning are central in the new leg- way to rethink what we adults are doing to rule book. Rather, the new Act is one of the islation. So are parents and community- prepare our young people for success in life. least prescriptive laws on the statue books. based organizations. All of these agencies are It offers us the opportunity to fundamen- It acts like a compass, pointing to a set of specifically recognized as major stakeholders tally alter the high school experience—which concepts or basic premises. These premises and partners in every local STW partnership. currently is not working well for many, if are based on recent research about how peo- Four, previous federal legislation (with the not most, students. It brings high school into ple learn best and what employers say young exception of Vocational Education) largely alignment with more effective ways of teach- people need in order to cope with a fast- bypassed the high schools. (Title I compen- ing and learning and promises a brighter fu- changing world. satory education funds, the largest program, ture for far more young people. It also gives First, STW is a new way of looking at the are concentrated largely in the early grades.) adults far greater personal and professional development of young people and particu- STWOA focusses on high school and the satisfaction from their work with young peo- larly at their needs in the critical adolescent transition to postsecondary education. While ple. transition years from high school into fur- ther education and the world of work. STW it addresses the needs of all students, it ‘‘re- A CRITIQUE OF AMERICAN HIGH SCHOOLS members’’ the needs of ‘‘The Forgotten Half’’ asserts that youth need active, not passive STWOA was created out of a widespread who are not going to four-year colleges im- learning—in schools, in worksites, in vol- belief that most high schools are not work- mediately after high school graduation. untary service. Therefore, STW views the en- Five, previous federal legislation provided ing well, particularly for the 75 percent of tire community as one great learning labora- annual funding over many years. STWOA, our young people who are unlikely to earn a tory where young people grow, develop and accommodating to harsh federal fiscal reali- baccalaureate degree. Consider these con- find networks of support. temporary comments on the American high ties, seeks to leverage change through lim- Second, STW is a systematic effort to school: ited financial incentives. Federal ‘‘venture change the time-based assumptions on which ‘‘Most employers look at the high school capital’’ over a seven-to-ten-year period is most high schools are currently based. STW diploma as evidence of staying power, not intended to help you form voluntary partner- says that young people are expected to ex- academic achievement. They realized long ships and consortia of all the stakeholders. hibit or demonstrate mastery of rigorous ago that it is possible to graduate from high STWOA also encourages you to re-assess how academic and behavioral skills, not be school in this country and still be function- you are using other federal, state and and judged by how many years they have sat in ally illiterate. As a result, the non-college- local funding streams and, possibly, combine classrooms or how many written tests they bound youth know that their performance in them for greater impact. have passed by rote memorization. Actual high school is likely to have little or no Overall, the hope is that the new ways of demonstrations of competence will be the bearing on the type of employment they doing business that you will develop will touchstone of STW. manage to find.’’ (Commission on the Skills produce greater student achievement and far Third, STW builds on extensive research greater satisfaction with the graduates of of the American Workforce, America’s Choice: high skills or low wages!, 1990) that says that one of the most critical ingre- your community’s total educational enter- dients in young people’s success is their prise. ‘‘Most kids think [academic] education methods are torture devices invented by close attachment to a caring and successful WHAT SCHOOL-TO-WORK IS NOT teachers . . . they got that idea because they adult, a mentor, a role model, a coach, a Now, having told you why I think the new can see that no one in the workplace is doing youth advocate who supplements what Act presents such a large historic challenge, these things.’’ (Stephen Hamilton, Cornell teachers, neighbors and family members pro- I’d like to emphasize what the Act is not. University Youth and Work Program.) vide, particularly when traditional supports First, it’s not another one of those small ‘‘It’s evident that the vast majority of kids are lacking. federal programs that soon becomes overlaid in high school are not motivated. We don’t When a Congressional committee asked with reams of federal and state guidelines seem to be approaching them in ways that Cornell University’s Urie Bronfenbrenner to and regulations. The last thing in the world engage them in learning.’’ (John f. Jennings, summarize everything he had learned in a you need is another categorical program, an- U.S. House of Representatives Committee on long and distinguished career in human de- other ‘‘flavor of the month!’’ Education and Labor.) velopment research, Bronfenbrenner replied: STWOA is not a fancy euphemism for ex- ‘‘Students not bound for college need the ‘‘Some adult has got to be crazy about the isting programs like vocational education or most help, receive the least assistance, are kid, and truly be there for that kid, and let career exploration, although each of these equipped with the most limited information, that kid know that his life is important and endeavors has a vital role to play in School and experience the greatest risks in the job has meaning.’’ to Work. market.’’ (Gary Orfield and Faith Paul, High Fourth, STW also builds on powerful re- It’s not a way for America to beat the Jap- Hopes, Long Odds, 1994) cent research finding that most students anese and Germans in international eco- Over the twenty-year period from 1967–1987, learn best in context, when they see how nomic competition. the percentage of jobs held by workers with knowledge is actually used outside the It’s not another tracking device to sepa- less than a high school diploma declined school, especially in a work setting. There- rate winners and losers in the education race from 40 percent to only 15 percent. Over the fore, STW views the employers’ workplace as or to offer second-class schooling to students same period, inflation-adjusted incomes of a learning laboratory where young people who may not see themselves as college- families headed by high school graduates can experience the relevance of knowledge in bound. without any postsecondary education fell the ‘‘real world.’’ Young people like to work. WHAT SCHOOL-TO-WORK COULD BE fully 30 percent. Only half of the high school They blossom in the workplace if they are Now let me tell you what I think STW graduates under age 20 and not in college are treated as respected members of a team that could be here in Rhode Island and around the employed fulltime and worse yet, about one- is expected to perform responsibly and pro- country. third of young people fail to find stable em- ductively. Generations of inquiry concerning Ideally, STW is a systematic, comprehen- ployment by the time they reach age 30. (Bu- European adolescents undergird these sive, community-wide effort to help all reau of Labor Statistics and Paul Osterman truths. Young people in Europe report pride young people (1) prepare for high-skill and of MIT.) (For a larger discussion of these in their workplace roles. They look forward high-wage careers, (2) receive top quality points, see Richard Mendel, The American to the company and the counsel of their academic instruction, and (3) gain the foun- School-to-Career Movement: A Background adult supervisors and coworkers. And, to a dation skills to pursue post-secondary edu- Paper for Policymakers and Foundation Offi- considerable extent, they avoid the epidemic cation and lifelong learning. I stress all cers, American Youth Policy Forum, 1994.) of pathologies which beset so many Amer- young people, including those with disabil- Against this dire and worsening back- ican youth. ities and those who are headed for a four- ground we know that many well-paying ca- Fifth, because STW is outcome- or per- year degree at our finest colleges and univer- reers do not require a baccalaureate degree. formance-centered, young people in their sities. We also know from research (e.g., the SCANS dual roles as learners and as workers can When carried out effectively, STW offers a reports, 1991 and 1992, and the National As- demonstrate their proficiency at the highest high school experience that challenges and sessment of Vocational Education, 1994) that standards. That accomplishment is then cer- motivates our youth to develop the skills, certain things do pay off in the labor mar- tified by a credential that is recognized and

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5544 CONGRESSIONAL RECORD — SENATE April 7, 1995 honored by schools, by employers, by parents you have been hearing this message in one gardless of which one you choose, you will and by institutions of higher education. way or another from pre-school, through pri- receive high quality instruction and be able These, then, are five basic premises on mary and middle school, but it bears repeat- to form close associations with your fellow which many of the new STW initiatives ing today: students and with employers in your career around the United States are based. To be You are intelligent and capable individ- field. sure, few existing STW efforts will articulate uals. No one is born with the knowledge and Regardless of the kind of worksite place- all of these premises clearly. Nor will these skills they need to succeed in this world. ment you have chosen, you will graduate initiatives give equal weight to each of these You get smart through effort. Our job as well prepared to continue your studies in premises. Let me assert my firm belief, how- adults is to help you develop your skills and higher education or to win an entry-level po- ever, that the most successful and the most knowledge to a high level. You’ll be asked to sition with an employer. Above all, you will enduring STW efforts will be those that in- work hard, and we’ll be working equally hard have experienced the joy of learning and you corporate all five of these premises. There alongside you on your behalf. will excel, no matter how radically the world simply are no short cuts to excellence. We have a wide range of opportunities for may change in the future. Now let us see if we can put these premises you at Anytown High. In elementary and Even though your elementary and middle together in a comprehensive vision of a high middle school you participated in a variety school experience was set up so that you school learning community based on them. I of learning experiences; you learned about would not fall behind, every year presents am indebted by my friend in the U.S. Depart- possible careers; you planned projects and different challenges. If you are having trou- ment of Education, Deputy Assistant Sec- worked in teams to complete them. You will ble keeping up or understanding something, retary Patricia McNeil, for suggesting how a do more of that active learning in new and we have extra help available in many vision of STW in the context of ‘‘systemic different ways. We have a broad range of forms—after-school, on weekends and in the school reform’’ might be portrayed. learning options—all designed to give you summer. Team sports, clubs, community the skills and knowledge you need to go on service and one-on-one help are after-school ANYTOWN HIGH: AN ATTAINABLE DREAM to college and into the workplace. Some of options from which you can choose. Close your eyes for a few moments. Imag- you may choose to do most of your learning You will wonder how your teachers are so ine that you are an entering freshman at in a classroom setting; others may choose sharp, how they keep up with rapidly chang- Anytown High School. It is the first day of more interactive work-based learning op- ing knowledge. Well, first of all, your teach- school. You are seated in the school audito- tions. You will work in small academic and ers see themselves as lifelong learners, con- rium with your new classmates. I am the career clusters with a team of teachers who, stantly striving to know more and to dis- principal, giving you a preview of what kind in some cases, will remain with you during cover more effective ways to help you learn. of school this is, and the kinds of experiences your entire time in our school, All of you This school offers many opportunities for and opportunities available to you. will engage in hands-on learning where aca- professional development on and off this ‘‘Welcome to Anytown High School! All demic and occupational subjects are inte- campus. Most important, we build in ample the adults on the stage with me this morning grated. All of you will participate in commu- time for your teachers to meet together, to and around the room—teachers, office staff, nity and public service learning experiences plan your studies, to learn from each other, counselors, food service and building staff, where you will practice the skills and behav- from your worksite mentors, and from ex- coaches, community leaders, local employ- iors which employers highly value. We also perts around the country, in person and ers, labor union representatives, members of have a wide range of courses and information through interactive television, video and sat- our town’s workforce development system, available for independent study via com- ellite sessions. alternative schools, city government, par- puter and satellite hook-up, opening the en- During the summer and at various times in ents and volunteers—we all welcome you. tire world to your curiosity. the school year, some of your teachers and Not long ago, I told similar freshmen class- As you begin to think about choosing a ca- counselors will be working alongside you in es that half of you might not be here to com- reer major, you will learn about many as- the plants and offices of our employer part- plete your senior year. Today, I want to give pects of particular industries, and you will ners. They will be learning about the latest you quite a different message. All of us here see how knowledge and skills are actually changes in technology and management so today pledge that we are here to help each of used in those industries and occupations. In that your curricula can be kept relevant and you get the high level skills and knowledge these choices, you will be supported by our so that they understand what you are learn- you will need to become successful citizens, guidance counselors and by job specialists ing in the worksite. (Incidentally, your productive workers and lifelong learners. who will open doors to future employers and teachers will simultaneously be helping to When you complete your experience here or show you what you need to be able to do in upgrade the basic academic skills of the when you finish your secondary schooling at real workplaces. adult workers you will be working with in a job training program or community college Of course, you can change your career clus- your worksite placements.) or alternative school, you will have all you ters in this school. Since you’ll all be learn- If you change schools, the skills and need to enter and complete a two- or four- ing the same core of essential skills and knowledge you have demonstrated here will year college degree program, a registered ap- knowledge, you won’t be locked into one be transferable electronically to your new prenticeship program, the military, or an cluster or one narrow job, either here or school. You will also have your portfolio of entry-level career ladder job. All the adults after you graduate. work and skills/knowledge inventory to take in this school an din this community are An essential part of your experience in this with you. If you want to find another learn- pledged to work together to help you suc- school is the worksite placements which we ing experience, we will help you. We work ceed. That is because we accept the wisdom offer in your junior and senior years and closely with a wide range of alternative of that old African adage: ‘It takes a entire which in some cases, like Tech Prep, will schools, with community colleges, with the village to raise a child. continue beyond high school. Some of you Job Corps, with youth service and conserva- Everything we do here at Anytown High will choose co-op education and internships tion corps, with the new National Civilian school is based on three simple and impor- with local employers for part of the school Community Corps and others. We also work tant ideas: year. Some of you, as part of your Tech Prep closely with the local workforce develop- One, what we expect you to learn here is or youth apprenticeship experience, will be ment system which operates career advance- important in the world outside these walls, working part-time in industries based on the ment centers where you can get referrals to important to your future as citizens, neigh- technologies you will be studying in school. further training or qualify for a grant or bors, parents and workers. Some of you will be paid for your part-time loan package to help you complete sec- Two, we on the teaching staff and in school work with employers after school and in the ondary school training on your own administration know that you can learn. summers. Some of you will find your work Whenever and wherever you complete your Every single one of you has the ability to opportunities in hospitals, libraries and secondary experience, you will receive a high master the subject matter in our curriculum. other non-profit community services. school diploma signifying mastery of a high This school is constructed in such a way that Others of you will choose to enroll in our level of skills and knowledge. That diploma it respects your different learning styles. Career Academies, the small mini-schools on will be accepted by two- and four-year col- Some of you will need more time and extra this campus which specialize in careers with leges, by employers, by the military and the help and, here at Anytown High, you will get good prospects for future professional em- registered apprenticeship system. Depending it. Every one of you can graduate knowing, ployment. For example, we have a Financial on your course of study, you may also re- and being able to do, the things that assure Services Academy where you can learn about ceive a certificate of mastery in some ad- success in the world of work and in life gen- banking, insurance, real estate, investments vanced level academic or occupational skills. erally. and tourism. We have an Environmental and Some of you may take advance placement or Three, we won’t let you fail. When I say Maritime Academy where you can learn other studies in this school that will qualify ‘we’, I mean the entire community which is about everything connected with earning a you to receive college credits. Some of you mobilized to ensure your success. Together, living from the sea and how to protect that may graduate in less than four years because we will support you and provide many kinds fragile resource. We have a Health and Bio- you have demonstrated mastery of our core of opportunities for learning, for earning and science Acadmeny based on modern health curriculum. for fun. care, hospital and laboratory management While we will do everything to support Because we in Rhode Island have restruc- and exciting new careers in biotechnology. your learning, there may be personal and tured our entire K–12 school system, most of And we have other academies as well. Re- family problems that come up in your life so

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5545 that you need some outside help. As a mem- of Sister Carol McGovern, RSM. Often There being no objection, the article ber of the Anytown Partnership for Families, we find that life gains meaning was ordered to be printed in the Anytown High’s Human Services Mall hosts through our service to others, and our RECORD, as follows: a broad array of community agencies that greatest personal ambition seems will assist you and your families with non- SISTER CAROL MCGOVERN, 53, CHAMPION OF empty and illusory compared to such academic problems. Many of these social THE POOR, DIES services were available to you throughout service. primary and middle school, so you are famil- Sister Carol McGovern, who died (By S. Robert Chiappinelli and Thomas J. Morgan) iar with them. You can get information Wednesday of breast cancer, was execu- about other services from the computer files tive director of Amos House, a soup PAWTUCKET.—Sister Carol McGovern, in your academic cluster, in the library or kitchen and social service center in the RSM, executive director of Amos House in the cafeteria. Each of you will also have op- Providence and one of Rhode Island’s best portunities to have an adult mentor or poorest neighborhood of Providence, known advocates for the poor, died yesterday coach. It may be an employee at your work- Rhode Island’s capital city. To this po- at her home on Blodgett Avenue. site, a community service volunteer or a par- sition she brought tremendous energy Sister Carol, 53, has been ill with breast ent in the community. Here at Anytown and great vision. Her vision arose from cancer for the past year and a half. The dis- High, we have almost as many community spiritual commitment and was in- ease had seemed to be in remission, but then partners as students. Each brings their ex- formed by an extraordinarily active spread to her liver. pertise and their caring into the school and the worksite. life. Experimental treatment allowed her to re- Your teachers have worked hard to design Sister Carol was involved: She served sume an active outdoor life and to continue the curriculum—in school, at the worksite on many boards of directors, working her 12-hour work days until her health failed and in your community service experiences— with Sunrise House, the Rhode Island less than a month ago. to support your learning in every way we Rape Crisis Center, the Campaign To Henry Shelton, another longtime activist, said, ‘‘Carol lived her life to the fullest with know. Your guidance counselors and job spe- Eliminate Childhood Poverty, and the cialists are working with your teachers and a smile that signaled joy and love, and faced employers in the community to make sure Rhode Island Right to Housing Now. death with more courage than anyone I ever you have access to information about post- When one first meets a person such knew. secondary schools and careers and that you as Sister Carol, an initial elation often ‘‘My prayer is that her life and death will can use it effectively to plan your further gives way to the question: Where will inspire in Rhode Island’s religious and polit- education and careers. the energy come from to sustain such ical leaders a commitment similar to hers to The basic message I want to leave with you commitment? support the effort of Rhode Island’s power- today is this: you are capable and intelligent The problems of humanity, even at a less to help each other out of poverty.’’ young people in transition to adulthood and ‘‘What does one say about so remarkable a each adult here is on your side. We are com- local level, seem so vast, complex, and intractable that they would quickly woman?’’ said Richard J. Walton, former mitted to helping you get the skills and president of the board of Amos House, a soup knowledge you need to be successful learn- consume one entirely. Yet, year after kitchen and social service center in South ers, workers and citizens. You can do it; we year, on issue after issue, Sister Carol Providence. are here to help; and you can count on us. was there. Welcome to Anytown High!’’ ‘‘She was a woman who cared very deeply Our opening day assembly is now over. Her energy never diminished, but and worked with passion, I guess you could Those of you who haven’t been put to sleep grew deeper. Service that one would say, and with humor. And I’ve never seen by the principal’s long oration may open you have thought to be all consuming, re- anyone bear up under what she’s borne up eyes * * * vealed itself to be vitalizing. In the under these last few months. She seemed to It’s true, of course, that most of the stu- end, she was a force. The name Sister be more concerned about making people feel dents in the auditorium probably did not ab- Carol McGovern resounds with mean- okay about her illness. She kept such a brave front that unless you knew she was sorb the full promise of what awaits them at ing unattainable by pursuit of indi- Anytown High. Yet, I think few of them will sick, you couldn’t know.’’ fail to grasp the central message: That they vidual interest. Born in Providence, she was a daughter of are important and that they are going to be In 1959, she joined the Sisters of Eleanor V. (Peterson) of Cranston and the successful in life. Mercy, in 1967 she took her final vows. late James V. McGovern. All of the adults in the community, too, She earned her bachelor’s degree from Sister Carol arrived at Amos House along a should now clearly understand that this de- Salve Regina College and her master’s curious path. scription of a radically different kind of degree from St. Michael’s College. She spent her early years teaching but in learning community requires their fullest the 1970s she joined four other Sisters of participation. Education at Anytown High is She was given awards for her work, Mercy knocking on doors in Woonsocket and a serious full-time partnership of the entire the John Kiffney Award from the Prov- meeting struggling residents. community. Its objective is simple and idence Newspaper Guild, an honorary straightforward: success in work, success in doctorate from Rhode Island College, The nuns taught residents, particularly life for each and every young person who en- to name two. For anyone this would be women alone with young children, about ters our schools. available resources, and in a few years a record of outstanding accomplish- turned their jobs over to neighborhood peo- Undoubtedly, some of you are thinking: ment and well deserved recognition, ‘‘What a nice, Utopian dream. Halperin is ple they had trained. just a dreamer.’’ Yes, I do have a dream! but this record never defined her. So by 1983, Sister Carol was out of a job However, there is not one element in my Her essence was her commitment to and decided to take some time to refocus. dream that is not a living reality someplace service, her real presence was to be She got a job as manager of the Yarney, one in this country. Everything in this dream is found among those most in need. Her of the stores in the then-new Davol Square being practiced somewhere * * * now, today. life was claimed by an illness that af- shopping center in Providence. All that Patricia McNeil and I have done is flicts many women, she faced it brave- Using skills from her early years, she put it all together to meet our personal vi- ly, and again she set a fine example. taught customers how to knit, and often sion. I hope you will do the same with your chatted with Sister Eileen Murphy the Amos own ideas about education, youth develop- My office and I were deeply fortunate House founder who regularly strolled ment and the world of work. to be able to work with her over the through Davol Square. So, I end where I began. The challenge be- years. Many times she enlightened us After Sister Eileen died unexpectedly in fore the people of Rhode Island is to dream and gave us courage to address difficult December 1983, Sister Carol decided to apply your own dream for the State and for your issues squarely. as part of a team at Amos House. Eventually own communities. Rethink the essential na- she became co-director with Jim Tull. (Tull ture of schooling at the dawn of the 21st Cen- She didn’t ask for answers, only ef- stepped down earlier this year.) tury. Construct a total quality system in fort. We shall miss her greatly. I am which all the parts of your dream come to- truly saddened by her passing. Yet it is Despite her illness, Sister Carol continued gether to produce success for all of Rhode Is- her life of service that I ask this body her Amos House work and was showered with land’s young people. to celebrate and commemorate. love and concern by those who used its serv- ices. Mr. President, I ask unanimous con- f ‘‘I have a real passion for the people who sent that an article from the Provi- come here,’’ she said. ‘‘They are my family, SISTER CAROL MCGOVERN—LET’S dence Journal of April 6, 1995, entitled CELEBRATE HER LIFE they truly are my family.’’ ‘‘Sister Carol McGovern, 53, Champion Despite setbacks inherent in fighting for Mr. PELL. Mr. President, I ask that of the Poor, Dies,’’ be inserted into the the needy, Sister Carol said, she drew suste- the Senate join in celebrating the life CONGRESSIONAL RECORD as if read. nance from the example of her widowed

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5546 CONGRESSIONAL RECORD — SENATE April 7, 1995 mother and the words of anthropologist Mar- gress shall be treated as referring to the cur- tional Historical Park, and for other pur- garet Mead, who said that small groups of rently applicable committee or officer of the poses (Rept. No. 104–36). truly committed people are the only things House of Representatives. S. 363. A bill to improve water quality that have ever changed the world. The message also announced that the within the Rio Puerco watershed, New Mex- She entered the Sisters of Mercy in Sep- House agrees to the amendments of the ico, and to help restore the ecological health tember 1959 and took her final vows in Au- of the Rio Grande through the cooperative gust 1967. Senate to the bill (H.R. 1345) to elimi- identification and implementation of best She received a bachelor’s degree from nate budget deficits and management management practices that are consistent Salva Regina College in 1964, and a master’s inefficiencies in the government of the with the ecological, geological, cultural, so- in 1974 from St. Michael’s College in District of Columbia through the es- ciological, and economic conditions in the Vermont. tablishment of the District of Colum- region, and for other purposes (Rept. No. 104– Sister Carol was a founder of the Rhode Is- bia Financial Responsibility and Man- 37). land Coalition for the Homeless, and was agement Assistance Authority, and for S. 378. A bill to authorize the Secretary of president of its board. She was a member of other purposes. the Interior to exchange certain lands of the the board of directors of Sunrise House, a Columbia Basin Federal reclamation project, member of the board and a counselor-advo- f Washington, and for other purposes (Rept. cate of the Rhode Island Rape Crisis Center, MEASURES REFERRED No. 104–39). a member of the Campaign to Eliminate S. 392. A bill to amend the Dayton Aviation Childhood Poverty and the Rhode Island The following bill was read the first Heritage Preservation Act of 1992 with re- Right to Housing NOW. and second times by unanimous con- gard to appointment of members of the Day- She was a lobbyist for the Sisters of Mercy sent, and referred as indicated: ton Aviation Heritage Commission, and for for the last four years, dealing with peace, other purposes (Rept. No. 104–40). H.R. 660. An act to amend the Fair Housing justice and women’s issues. S. 551. A bill to revise the boundaries of the Act to modify the exemption from certain In February Sister Carol and Tull received Hagerman Fossil Beds National Monument familial status discrimination prohibitions the John Kiffney Award of the Providence and the Craters of the Moon National Monu- granted to housing for older persons; to the Newspaper Guild. ment, and for other purposes (Rept. No. 104– Committee on the Judiciary. She also received the Bronze Key Award 40). fro Substance Abuse. She was to receive an f S. 587. A bill to amend the National Trails System Act to designate the Old Spanish honorary doctorate in May from Rhode Is- MEASURES READ THE FIRST TIME land College. Trail and the Northern Branch of the Old Surviving besides her mother are two The following measure was read the Spanish Trail for potential inclusion into the brothers, Robert F. McGovern of Cranston first time: National Trails System, and for other pur- and James V. McGovern of Oxford, Mass., H.R. 483. An act to amend title XVIII of the poses (Rept. No. 104–41). S. 601. A bill to revise the boundaries of the and a sister, Marcia E. O’Connor of Provi- Social Security Act to permit medicare se- Blackstone River Valley National Heritage dence. lect policies to be offered in all States, and Corridor in Massachusetts and Rhode Island, A concelebrated Mass of Christian Burial for other purposes. will be celebrated Saturday at 10 a.m. in St. and for other purposes (Rept. No. 104–42). Michael Church, Oxford, Street, Providence. f S. 610. A bill to provide for an interpretive Burial will be in Resurrection Cemetery, REPORTS OF COMMITTEES center at the Civil War Battlefield of Cor- Cumberland. inth, Mississippi, and for other purposes The following reports of committees (Rept. No. 104–43). f were submitted: By Mr. MURKOWSKI, from the Committee MESSAGES FROM THE PRESIDENT By Mr. MURKOWSKI, from the Committee on Energy and Natural Resources, with an on Energy and Natural Resources, with an amendment in the nature of a substitute. Messages from the President of the H.R. 400. A bill to provide for the exchange United States were communicated to amendment: S. 115. A bill to authorize the Secretary of of lands within Gates of the Arctic National the Senate by Mr. Thomas, one of his the Interior to acquire and to convey certain Park and Preserve, and for other purposes secretaries. lands or interests in lands to improve the (Rept. No. 104–44). By Mr. MURKOWSKI, from the Committee f management, protection, and administration of Colonial National Historical Park, and for on Energy and Natural Resources, without EXECUTIVE MESSAGES REFERRED other purposes (Rept. No. 104–30). amendment. H.R. 440. A bill to provide for the convey- As in executive session the Presiding By Mr. MURKOWSKI, from the Committee on Energy and Natural Resources, with an ance of lands to certain individuals in Butte Officer laid before the Senate messages amendment in the nature of a substitute: County, California (Rept. No. 104–45). from the President of the United S. 127. A bill to improve the administration H.R. 536. A bill to extend indefinitely the States submitting sundry nominations of the Women’s Rights National Historical authority of the Secretary of the Interior to which were referred to the Committee Park in the State of New York, and for other collect a commercial operation fee in the on Armed Services. purposes (Rept. No. 104–31). Delaware Water Gap National Recreation Area, and for other purposes (Rept. No. 104– (The nominations received today are S. 134. A bill to provide for the acquisition of certain lands formerly occupied by the 46). printed at the end of the Senate pro- H.J. Res. 50. A joint resolution to designate ceedings.) Franklin D. Roosevelt family, and for other purposes (Rept. No. 104–32). the visitors center at the Channel Islands f By MURKOWSKI, from the Committee on National Park, California, as the ‘‘Robert J. Energy and Natural Resources, without Lagomarsino Visitors Center’’ (Rept. No. MESSAGES FROM THE HOUSE amendment: 104–47). At 12:18 p.m., a message from the S. 188. A bill to establish the Great Falls By Mr. ROTH, from the Committee on Governmental Affairs: House of Representatives, delivered by Historic District in the State of New Jersey, and for other purposes (Rept. No. 104–33). Special Report prepared by the Permanent Hays, one of its reading clerks, an- Subcommittee on Investigations entitled nounced that the House has passed the By Mr. MURKOWSKI, from the Committee on Energy and Natural Resources, with an ‘‘Criminal Aliens in the United States’’ following bills, in which it requests the amendment in the nature of a substitute: (Rept. No. 104–48). concurrence of the Senate: S. 197. A bill to establish the Carl Garner f H.R. 483. An act to amend title XVIII of the Federal Lands Cleanup Day, and for other EXECUTIVE REPORTS OF Social Security Act to permit medicare se- purposes (Rept. No. 104–34). lect policies to be offered in all States, and By Mr. MURKOWSKI, from the Committee COMMITTEES for other purposes; on Energy and Natural Resources, without The following executive reports of H.R. 660. An act to amend the Fair Housing amendment. committees were submitted: Act to modify the exemption from certain S. 223. A bill to authorize the Secretary of By Mr. PRESSLER, from the Committee familial status discrimination prohibitions the Interior to provide funds to the Palisades on Commerce, Science, and Transportation: granted to housing for older persons; and Interstate Park Commission for acquisition Charles T. Manatt, of the District of Co- H.R. 1421. An act to provide that references of land in the Sterling Forest area of the lumbia, to be a Member of the Board of Di- in the statutes of the United States to any New York/New Jersey Highlands Region, and rectors of the Communications Satellite Cor- committee or officer of the House of Rep- for other purposes (Rept. No. 104–35). poration until the date of the annual meet- resentatives the name or jurisdiction of S. 357. A bill to amend the National Parks ing of the Corporation in 1997. which was changed as part of the reorganiza- and Recreation Act of 1978 to establish the tion of the House of Representatives at the Friends of Kaloko-Honokohau, an advisory (The above nomination was reported beginning of the One Hundred Fourth Con- commission for the Kaloko-Honokohau Na- with the recommendation that he be

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5547 confirmed, subject to the nominee’s S. 718. A bill to require the Administrator to fight these frivolous suits rather commitment to respond to requests to of the Environmental Protection Agency to than settle them the power to go after appear and testify before any duly con- establish an Environmental Financial Advi- the perpetrators. I urge my colleagues stituted committee of the Senate.) sory Board and Environmental Finance Cen- to support this legislation.∑ ters, and for other purposes; to the Com- By Mr. HATCH, from the Committee on mittee on Environment and Public Works. the Judiciary: By Mr. HATFIELD. Eldon E. Fallon, of Louisiana, to be U.S. f S. 713. A bill to amend the Employee District Judge for the Eastern District of SUBMISSION OF CONCURRENT AND Retirement Income Security Act of Louisiana. SENATE RESOLUTIONS 1974 to provide that the preemption Joseph Robert Goodwin, of West Virginia, provisions shall not apply to certain The following concurrent resolutions to be U.S. District Judge for the Southern State of Oregon laws applicable to District of West Virginia. and Senate resolutions were read, and health plans; to the Committee on Joe Bradley Pigott, of Mississippi, to be referred (or acted upon), as indicated: U.S. Attorney for the Southern District of Labor and Human Resources. By Mr. DASCHLE (for himself and Mr. Mississippi for the term of 4 years. UNIVERSAL ACCESS AND THE OREGON HEALTH DOLE): Curtis L. Collier, of Tennessee, to be U.S. PLAN S. Res. 109. A resolution extending the ap- District Judge for the Eastern District of ∑ preciation and gratitude of the United States Mr. HATFIELD. Mr. President, dur- Tennessee. Senate to Senator ROBERT C. BYRD, on the ing the 1989 and 1991 legislative ses- Maxine M. Chesney, of California, to be completion by the Senator of the 4 volume sions, Oregon’s Legislature passed a U.S. District Judge for the Northern District treatise entitled ‘‘The History of the United of California. comprehensive health care reform pro- States Senate’’, and for other purposes; con- posal known as the Oregon Health (The above nominations were re- sidered and agreed to. Plan. The Oregon Health Plan consists ported with the recommendation that f of four major reform packages. First, they be confirmed, subject to the nomi- the Medicaid expansion which received nees’ commitment to respond to re- STATEMENTS OF INTRODUCED a Federal waiver and has provided an quests to appear and testify before any BILLS AND JOINT RESOLUTIONS additional 100,000 Oregonians with duly constituted committee of the Sen- By Mr. BRYAN: basic health care since it was imple- ate.) S. 712. A bill to amend title 28, mented in February 1994. Second, the f United States Code, to authorize the high-risk insurance pool which covers INTRODUCTION OF BILLS AND award of fees and expenses to pre- Oregonians who are unable to obtain JOINT RESOLUTIONS vailing parties in frivolous civil litiga- insurance coverage due to preexisting tion, and for other purposes; to the conditions or the exhaustion of their The following bills and joint resolu- Committee on the Judiciary. tions were introduced, read the first current benefits. Third, the small em- FRIVOLOUS LAWSUIT PREVENTION ACT and second time by unanimous con- ployer basic health plan which provides ∑ Mr. BRYAN. Mr. President, today I sent, and referred as indicated: for a low-cost insurance plan for small am introducing the Frivolous Lawsuit businesses of 25 or fewer employees. By Mr. GRAMM: Prevention Act of 1995. This legislation S. 711. A bill to provide for State credit And finally, the employer mandate union representation on the National Credit will increase sanctions on lawyers who which by 1998 will require all employ- Union Administration Board, and for other file frivolous lawsuits. ers in Oregon to provide health benefits purposes; to the Committee on Banking, Almost daily we hear stories about for their employees or to pay into a Housing, and Urban Affairs. some individual or business settling a State pool which will then purchase in- By Mr. BRYAN: lawsuit which has little merit just to surance for uninsured employees. When S. 712. A bill to amend title 28, United avoid the costs associated with a drawn fully implemented the Oregon Health States Code, to authorize the award of fees out case. The manhours and resources Plan will provide near universal access and expenses to prevailing parties in frivo- that can be drained from a business lous civil litigation, and for other purposes; to health care for all Oregonians. to the Committee on the Judiciary. while it goes through such a process As my colleagues know, I have spo- By Mr. HATFIELD: can be devastating. ken many times on this floor about the S. 713. A bill to amend the Employee Re- Many of us had hoped that the rules need to allow States to proceed with tirement Income Security Act of 1974 to pro- governing the conduct of court behav- innovative health care reform pro- vide that the preemption provisions shall not ior would deter frivolous lawsuits. Rule posals. That is why I have joined with apply to certain State of Oregon laws appli- 11 of the Federal Rules of Civil Proce- the Senator from Florida [Mr. GRAHAM] cable to health plans; to the Committee on dure authorize judges to impose ‘‘an Labor and Human Resources. in introducing the Health Partnership By Mr. LEAHY (for himself, Mr. appropriate sanction’’ upon an attor- Act of 1995. The Congress’ failure to act KERREY, and Mr. KOHL): ney which is ‘‘interposed for any im- on comprehensive national health care S. 714. A bill to require the Attorney Gen- proper purpose, such as to harass or to reform should not prevent innovative eral to study and report to Congress on cause unnecessary delay or needless in- States like Oregon, Florida, Wash- means of controlling the flow of violent, sex- crease in the cost of litigation.’’ Unfor- ington, Minnesota, and others from en- ually explicit, harassing, offensive, or other- tunately, rule 11 has not lived up to our acting their own health care reform wise unwanted material in interactive tele- expectations in curbing abusive law- proposals. communications systems; to the Committee suits and, in fact, has been recently on the Judiciary. Unfortunately, the Federal Govern- By Mr. D’AMATO (for himself, Mr. watered down. ment has stymied these efforts in sev- INHOFE, and Mr. HATCH): This legislation is intended to force eral ways. It took Oregon two adminis- S. 715. A bill to provide for portability of judges to punish lawyers or litigants trations and almost 3 years to get the health insurance, guaranteed renewability, who file or pursue cases which the approval necessary to move forward high risk pools, medical care savings ac- judge regards as frivolous. Judges with the Oregon Medicaid expansion. counts, and for other purposes; to the Com- would be required to impose sanctions The current waiver process at the mittee on Finance. when they find frivolous suits, thereby, Health Care Financing Administration By Mr. GRAHAM: S. 716. A bill to amend the Social Security taking away their discretion. This step is burdensome and at times overregu- Act to provide for criminal penalties for acts needs to be taken because judges have latory. involving medicare or State health care pro- been reluctant to impose sanctions on Another major roadblock to State re- grams, and for other purposes; to the Com- fellow attorneys. It has always been form is the Employee Retirement In- mittee on Finance. difficult to get any group to discipline come Security Act, otherwise known as By Mr. GRAHAM (for himself, Mr. their colleagues, where it is doctors, ERISA. Due to the broad interpreta- PRYOR, and Mr. ROCKEFELLER): lawyers or realtors. That is why we tion courts have given to the so-called S. 717. A bill to extend the period of must force judges to impose sanctions ERISA preemption clause contained in issuance of medicare select policies for 12 months, and for other purposes; to the Com- when frivolous case are filed. section 514(a) of the act, which states mittee on Finance. Frivolous lawsuits are a terrible that ERISA ‘‘shall supersede any and By Mr. MOYNIHAN (for himself and drain on the competitiveness of our Na- all State laws insofar as they may now Mr. D’AMATO): tion. We must provide those who want or hereafter relate to any employee

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5548 CONGRESSIONAL RECORD — SENATE April 7, 1995 benefit plan’’, States have been limited of violent, sexually explicit, harassing, tion they receive over electronic inter- in enacting comprehensive reforms offensive, or otherwise unwanted mate- active services. Instead of rushing to that attempt to provide universal ac- rial in interactive telecommunications regulate the content of information cess to all their State’s citizens and to systems; to the Committee on the Ju- services, we should encourage the de- control costs throughout the entire in- diciary. velopment of technology that gives surance market. CHILD PROTECTION, USER EMPOWERMENT, AND parents and other consumers the abil- Mr. President, once again I find my- FREE EXPRESSION IN INTERACTIVE MEDIA ity to control the information that can self before this body asking for another STUDY ACT be accessed over a modem. waiver of Federal law to permit Oregon ∑ Mr. LEAHY. Mr. President, I intro- Empowering parents to manage what to go forward with reform that has duce a bill calling for a study by the their kids access over the Internet with been advanced by my State. This time Department of Justice, in consultation technology under their control is far it is to allow Oregon to implement the with the U.S. Department of Commerce preferable to some of the bills pending last part of the Oregon Health Plan— on how we can empower parents and in Congress that would criminalize the employer mandate. users of interactive telecommuni- users or deputize information services Oregon’s employer mandate is a pay- cations systems, such as the Internet, providers as smut police. or-play mandate—in other words, the to control the material transmitted to Let’s see what this study reveals be- State will tax employers who choose them over those systems. We must find fore we start legislating in ways that not to provide health benefits which ways to do this that do not invite inva- could severely damage electronic com- will be defined by the State for their sions of privacy, lead to censorship of munications systems, sweep away im- employees, and then provide health in- private online communications, and portant constitutional rights, and un- surance to those uninsured employees undercut important constitutional pro- dercut law enforcement at the same through a State insurance pool. While tections. time. the U.S. Supreme Court has not ruled Before legislating to impose Govern- Mr. President I ask unanimous con- that this kind of access mechanism ment regulation on the content of com- sent that the text of the bill be printed violates the ERISA preemption clause, munications in this enormously com- in the RECORD. it is certainly subject to an ERISA plex area, I feel we need more informa- There being no objection, the bill was challenge based on the premise that tion from law enforcement and tele- ordered to be printed in the RECORD, as Oregon is trying to regulate self-in- communications experts. My bill calls follows: sured plans in a way that relates to for just such a fast-track study of this S. 714 employee benefit plans. issue. There is no question that we are now Be it enacted by the Senate and House of Under the current ERISA statute, Representatives of the United States of America only Congress may statutorily grant living through a revolution in tele- in Congress assembled, communications with cheaper, easier ERISA waivers to States. At this time, SECTION 1. STUDY ON MEANS OF RESTRICTING only one State, Hawaii, has an ERISA to use, and faster ways to commu- ACCESS TO UNWANTED MATERIAL exemption and that is only because Ha- nicate electronically with people with- IN INTERACTIVE TELECOMMUNI- waii enacted its law before ERISA was in our own homes and communities, CATIONS SYSTEMS. enacted. Hawaii’s waiver has not been and around the globe. (a) STUDY AND REPORT.—Not later than 150 days after the date of enactment of this Act, updated since it was granted 20 years A byproduct of this technical revolu- tion is that supervising our children the Attorney General shall complete a study ago. and submit to the Committee on the Judici- While Senator GRAHAM and I have takes on a new dimension of responsi- ary of the Senate and the Committee on the proposed a mechanism for broad ERISA bility. Very young children are so Judiciary of the House of Representatives a changes in our health care reform bill adept with computers that they can sit report containing— which will begin to address the ERISA at a keypad in front of a computer (1) an evaluation of whether current crimi- roadblocks States face, I feel it is nec- screen at home or at school and con- nal laws governing the distribution of ob- essary to introduce legislation which nect to the outside world through the scenity over computer networks and the cre- provides for a specific waiver of ERISA Internet or some other on-line service. ation and distribution of child pornography Many of us are, thus, justifiably con- by means of computers are fully enforceable for the State of Oregon. I introduce it in interactive media; as a separate vehicle to underscore the cerned about the accessibility of ob- (2) an assessment of the Federal, State, point that one way or another, Oregon scene and indecent materials on-line and local law enforcement resources that are needs a green light from the Federal and the ability of parents to monitor currently available to enforce those laws; Government in order to fully imple- and control the materials to which (3) an evaluation of the technical means ment the Oregon Health Plan. their children are exposed. But Govern- available to— Of course, I understand the concern ment regulation of the content of all (A) enable parents to exercise control over multi-State employers have about the computer and telephone communica- the information that their children receive prospect of administering fifty dif- tions, even private communications, in and enable other users to exercise control violation of the first amendment is not over the commercial and noncommercial in- ferent health plans across the Nation. formation that they receive over interactive This is a valid concern which I hope we the answer—it is merely a knee-jerk telecommunications systems so that they can accommodate as we continue to de- response. may avoid violent, sexually explicit, bate the issue of ERISA reform further. Heavy-handed efforts by the Govern- harassing, offensive, or otherwise unwanted Let me conclude by saying that I ment to regulate obscenity on inter- material; and hope my colleagues will make note of active information services will only (B) promote the free flow of information this problem. Oregon is not the only stifle the free flow of information, dis- consistent, with Constitutional values, in State that is attempting to enact com- courage the robust development of new interactive media; and (4) recommendations to encourage the de- prehensive health care reform and if information services, and make users avoid using the system. velopment and deployment of technical the Supreme Court continues its broad means, including hardware and software, to application of ERISA, it is likely that The problem of policing the Internet enable parents to exercise control over the the voices of other States will soon be is complex and involves many impor- information that their children receive and heard. Comprehensive national reform tant issues. We need to protect copy- enable other users to exercise control over may be dead for now, but let us not righted materials from illegal copying. the information that they receive over inter- give up on the States to help us find We need to protect privacy. And we active telecommunications systems so that the right answers and make health need to help parents protect their chil- they may avoid harassing, violent, sexually explicit, harassing, offensive, or otherwise care available to all Americans.∑ dren. Penalties imposed after the harm is done is not enough. We need to find unwanted material. By Mr. LEAHY (for himself, Mr. (b) CONSULTATION.—In conducting the technical means from stopping the study and preparing the report under sub- KERREY, and Mr. KOHL): harm before it happens. section (a), the Attorney General shall con- S. 714. A bill to require the Attorney My bill calls for a study to address sult with the National Telecommunications General to study and report to Con- the legal and technical issues for em- and Information Administration of the De- gress on means of controlling the flow powering users to control the informa- partment of Commerce.∑

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5549 By Mr. D’AMATO (for himself, they want—greater health security Health and Human Services and the Mr. INHOFE, and Mr. HATCH): without a Big Government takeover of Department of Justice, the Federal S. 715. A bill to provide for port- our Nation’s health care system. The Government granted a conditional ability of health insurance, guaranteed fact that it can be implemented with- waiver approval to allow Florida to im- renewability, high risk pools, medical out new taxes, and without adding to plement the State’s proposed reforms. care savings accounts, and for other the deficit, is further reason that the By granting this important request, purposes; to the Committee on Fi- Health Insurance Portability and Guar- Florida would be allowed to use Med- nance. anteed Renewability Act of 1995 should icaid funds to provide insurance pre- HEALTH INSURANCE PORTABILITY AND be enacted without delay.∑ mium discounts to working, uninsured GUARANTEED RENEWABILITY ACT Floridians traditionally ineligible for ∑ By Mr. GRAHAM: Mr. D’AMATO. Mr. President, I rise Medicaid. today to introduce the Health Insur- S. 716. A bill to amend the Social Se- ance Portability and Guaranteed Re- curity Act to provide for criminal pen- As a result, despite the Federal Gov- newability Act of 1995. I am pleased to alties for acts involving Medicare or ernment’s failure to move toward the be joined by Senators INHOFE and State health care programs, and for goals of health reform such as in- HATCH an introducing this important other purposes; to the Committee on creased access, cost containment and legislation. Finance. quality, Florida could do so through President Clinton, in his 1993 joint HEALTH REFORM ENHANCEMENT ACT Florida health security. ∑ Mr. GRAHAM. Mr. President, I intro- session address, said that ‘‘Millions of First and foremost, let me reempha- duce legislation to clarify that States Americans are just a pink slip away size that this waiver program would which already use, or which seek to from losing their health insurance, and allow an additional 1.1 million Florid- one serious illness away from losing all utilize, Medicaid dollars to pay private health insurance premiums would be ians obtain health insurance cov- their savings.’’ erage—thereby reducing the State’s While the President’s statement was allowed to do so. uninsured rate by over 40 percent. right, his prescription for reform—as Unfortunately, a recent interpreta- Moreover, of the 2.7 million Floridians the American people told us in no un- tion of the anti-kickback statute by presently without health insurance, 1 certain terms—was dead wrong. We the Department of Justice and the De- million are children. With the plan’s must find a way to give Americans partment of Health and Human Serv- requirement that 80 percent of the en- greater health security without turn- ices has placed at risk innovative Gov- ing the whole system over to the Fed- ernment programs that attempt to rollment spaces be reserved for lower- eral Government, as the President had channel Medicaid and Medicare dollars income, uninsured families, children proposed. We must address the public’s through the private sector through will disproportionately benefit from insecurities regarding their health in- mechanisms such as the purchase of this initiative. surance while preserving what works in health insurance policies or the pay- In addition, this waiver would elimi- the American health care system and ment for managed care. That interpre- nate the all-or-none approach of Med- allowing the free market to work. tation, which could apply the anti- icaid by creating a sliding scale of con- That is why I am today introducing kickback statute to insurance agent tributions for those above the Medicaid the Health Insurance Portability and commissions, came as part of Florida’s poverty threshold and up to 250 percent Guaranteed Renewability Act of 1995. waiver request for a Medicaid dem- of poverty. At present, Medicaid’s all- This is a bill which I am confident will onstration project. Such an interpreta- or-none approach creates the perverse go a long way toward accomplishing tion ignores the fact that insurance incentive of encouraging people to re- these goals. agents are an integral part of any sys- main unemployed and in poverty in tem relying in whole or in part on pri- First, our bill would eliminate job order to continue to have health care lock by guaranteeing that people who vate health insurance coverage. In the State’s submission of its Flor- coverage. Florida’s approach would change jobs will be covered by their clearly help get people off welfare and new employer’s plan without regard to ida Health Security [FHS] waiver on February 9, 1994, the proposal would—if be a much fairer system than what we preexisting medical conditions. have now. It will expand COBRA to provide for enacted—provide 1.1 million additional continuation of coverage for all indi- Floridians with insurance coverage up The waiver also allows Florida and viduals employed by firms of two or to 250 percent of the poverty level. FHS the Federal Government better control more employees, and extends COBRA participants would buy a standard ben- over the costs of the Medicaid Pro- coverage from 18 to 36 months. There- efit package offered through a commu- gram. Since 1982, Florida’s Medicaid fore, employees losing their jobs will nity health purchasing alliance and re- Program has increased from $1 billion have the opportunity to continue their ceive, according to their income, a pre- to $7 billion. From 1990 through 1993, health coverage for an additional 18 mium discount to make the package Florida saw its Medicaid budget expand months under their current plan. affordable. by 30, 26, and 19 percent, respectively. Present COBRA law benefits only those Florida’s proposal is innovative but Instead, over the 5-year period of Flor- employers with more than 20 employ- in many ways simple. As the State has ida’s waiver program, costs would be ees. explained in its proposal, controlled and managed through the It will help control health costs by Through the managed competition system increased use of case management and changing the tax law to allow tax-free developed in Florida and improved program managed care in the private sector. medical savings accounts. Empirical management, the [State] expects to reduce Through these savings, the State and the cost of health care, thereby increasing evidence demonstrates that medical the funds available for subsidizing insurance the Federal Government will be able to saving accounts can control costs and for Florida’s uninsured. The net result of provide coverage to over 1 million pre- promote wellness without jeopardizing this arrangement will be lower health care viously uninsured Floridians without quality of care. Money saved in such costs overall in the State and greater access spending additional revenue. accounts by employees can be used to to health care for a significant portion of In short, Florida’s Health Security Florida’s currently uninsured residents. pay COBRA premiums, if needed. Program would expand access and It will provide a safety net for people Through the community health pur- health coverage without raising taxes, who cannot qualify for health insur- chasing alliances established by the control costs and break the categorical ance by giving them access to health State, private sector small businesses link between health care and welfare. insurance through high-risk pools. are already seeing reductions in their Finally, it will prevent insurance health premiums of between 10 to 50 To implement this program, Florida companies from singling out any indi- percent across the State. The State Health Security will utilize the already vidual or small group for rate increases would like to see its Medicaid Program successfully established community or cancellation based on claims experi- and other small businesses achieve health purchasing alliances, which ence. similar results. have reduced premiums for partici- I believe this bill goes a long way to- On September 14, 1994, after 7 months pating small businesses by 10 to 50 per- ward giving the American people what of negotiations with the Department of cent

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5550 CONGRESSIONAL RECORD — SENATE April 7, 1995 this year. As a result of this, private Justice’s and HHS’s present interpreta- cies for seniors to choose from in the health plans and insurance agents will tion of the statute, could very well Medicare supplemental market. As the be integrally involved in the Florida jeopardize every State or Federal August 1994 article entitled ‘‘Filling Health Security Program. health plan which already uses, or the Gaps in Medicare’’ in Consumer Re- In fact, under Florida Health Secu- which seeks to use, Federal moneys to ports said. rity, accountable health partnerships fund private health insurance coverage. The law has had positive effects. It elimi- would submit bids on premium rates Through either payments to employ- nated the bewildering variety of benefits for the standard benefit plan, with a ers or directly to individuals, many that insurance companies had been selling. portion of the premium to be paid by States have Medicaid programs that It made agents wary of selling a prospect Medicaid. Insurance agents would be buy private insurance policies and more than one Medicare-supplement policy, directly involved in the process due to thereby result in the payment of insur- a useless and costly duplication of coverage. the fact that they are an integral part ance agent commissions. States such The Blue Cross Blue Shield of Flor- of this process. The alternative would as Oregon, California, Vermont, Kan- ida’s select policy ranks among the be to employ a statewide force of State sas, Kentucky, South Carolina, Massa- best values in the Nation. workers to provide such enrollment chusetts, Missouri, Iowa, Virginia, services, which would be wasteful and Ohio, and New Jersey have such ar- However, the expiration date is inefficient in comparison such agents rangements and do not withhold pay- quickly approaching for this dem- are already trained and available in all ment for commissions or limit the onstration program. Florida Blue Cross areas across the State. commissions which can be paid. These Blue Shield would have preferred the Unfortunately, HHS and the Depart- innovative Medicaid programs and program to have already been extended ment of Justice have expressed concern Medicare risk contracts could all be by April 1, 1995, so that Florida’s Medi- that payments to insurance agents by jeopardized without language clari- care beneficiaries and providers could accountable health plans might violate fying the intent of the anti-kickback have avoided any disruption in the pro- the Social Security anti-kickback stat- statute. gram. That date has passed. In fact, if ute. Clearly, the 1977 anti-kickback I urge my colleagues to support this not extended shortly, health plans and statute was not intended or even con- legislation and ask unanimous consent providers will have to prepare to close templated to apply to programs like that the text of the bill be printed in the program to new Medicare enrollees Florida’s demonstration project. the RECORD. on June 30. The consequences would be In fact, there are already numerous There being no objection, the bill was to significantly increase premiums for and widespread examples of Medicare ordered to be printed in the RECORD, as current Medicare select enrollees and and Medicaid funds being used for the follows: could lead to deterioration of networks payment, directly or indirectly, to in- S. 716 as providers choose to leave the expired surance agents. These include Medicaid Be it enacted by the Senate and House of program. revisions in the Family Support Act of Representatives of the United States of America In S. 308, the Health Partnership Act, in Congress assembled, 1988, which creates a Medicaid wrap- that I introduced with Senator HAT- around option allowing States to use SECTION 1. CRIMINAL PENALTIES FOR ACTS IN- VOLVING MEDICARE OR STATE FIELD on February 1, 1995, our legisla- Medicaid funds to pay a family’s ex- HEALTH CARE PROGRAMS. tion would have made the program per- penses for premiums, deductibles and Section 1128B(b)(3) of the Social Security manent and expanded the program to coinsurance for any health care cov- Act (42 U.S.C. 1320a–7b(b)(3)) is amended— all 50 States. I no longer believe this is erage offered by the employer. (1) by striking ‘‘and’’ at the end of subpara- possible in time to prevent disruption graph (D); As the State argued while pursuing to plans. Although the House passed a the waiver, since insurance companies (2) by striking the period at the end of sub- paragraph (E) and inserting ‘‘; and’’; and version to extend the program for 5 use insurance agents, the purchase of (3) by adding at the end the following new years with an accompanying study to insurance and the payment of pre- subparagraph: determine whether the program results miums of necessity results in the pay- ‘‘(F)(i) any premium payment made to a in savings to enrollees, reduces expend- ment of a commission to an insurance health insurer or health maintenance organi- zation by a State agency in connection with itures in the Medicare Program, and agent. This is also true when Medicaid impacts access to and quality of care, funds health maintenance organiza- a demonstration project operated under the State medicaid program pursuant to section Senate review of the program could not tions [HMO’s], the Medicare Risk Pro- 1115 respect to individuals participating in take place quickly enough to prevent gram and various State plans relating such project; or disruption in the 15 States. to areas such as the enrollment of Med- ‘‘(ii) any payment made by a health in- icaid eligibles in group health plans. surer or a health maintenance organization Moreover, a study of the items called Through the section 1115 Medicaid to a sales representative or a licensed insur- for by the House is already being con- demonstration project waiver process, ance agent for the purpose of servicing, mar- ducted by the Health Care Financing Florida is attempting, for the first keting, or enrolling individuals participating Administration through the Research time, to use Medicaid funds to pur- in such demonstration project in a health Triangle Institute. Rather than com- plan offered by such an insurer or organiza- missioning yet another analysis of chase private health insurance on a tion.’’.∑ wide scale. However, by mistakenly ap- Medicare select, wasting the money al- plying the anti-kickback statute be- By Mr. GRAHAM (for himself, ready being spent to study the program and waiting another 3 years to make yond its intended scope to insurance Mr. PRYOR, and Mr. ROCKE- potential improvements in the pro- agent commissions, the Departments of FELLER): Justice and Health and Human Serv- S. 717. A bill to extend the period of gram, it would be better to imme- ices would effectively and radically issuance of Medicare select policies for diately move forward with a 1-year re- alter the demonstration. As noted be- 12 months, and for other purposes; to authorization of the program. In the fore, insurance agents are an integral the Committee on Finance. meantime, Congress should consider improvements to Medicare select based part of the existing health insurance HEALTH CARE LEGISLATION system and our critical to the imple- ∑ Mr. GRAHAM. Mr. President, I intro- upon the forthcoming study and other information we will receive. At that mentation of Florida’s Health Security duce legislation with Senators PRYOR time, Congress should extend the pro- Program. and ROCKEFELLER to extend the reau- As a result, this legislation focuses thorization of the Medicare Select Pro- gram to all 50 States. narrowly on clarifying that the 1977 gram from July 1, 1995, to July 1, 1996. During the next year, there are many anti-kickback statute would not un- Florida is one of the 15 States origi- questions we should be asking of this necessarily be applied to Medicaid nally authorized to participate in the program. For one, what impact is this demonstration projects and Medicaid program and more than 20,000 people in program having on Medicare? More- managed care programs, which were Florida were participating in Medicare over, there have been questions raised initiatives that were not anticipated in select by the end of 1994. as to the rating methods used to price the original adoption of the statute. Medicare select has created a more and sell these products. According to Failure to adopt this language, with uniform and understandable set of poli- Consumer Reports,

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5551 Unless state regulations outlaw attained- the reasons I have just described. Over nance Center. The Maxwell School age pricing or national health reform makes the last 4 years, the EFAB has provided ranks among the country’s finest insti- community rating mandatory for Medicare- advice and analysis to the EPA on how tutions; its applied research centers in supplement policies . . . attained-age pricing to pay for environmental protection will take over the marketplace, with serious public finance, metropolitan studies, consequences to the oldest policyholders. and leverage public and private re- and technology and information policy sources. The EFAB was initially a com- This is something both Congress and are ranked among the nation’s top mittee of the National Advisory Coun- the States should be reviewing. three such centers. The Metropolitan As a result, Mr. President, I urge ur- cil for Environmental Technology Pol- Studies Program is a national leader in gent and immediate consideration of icy, and in 1991 it became an inde- examining a broad range of issues in- this legislation by the Senate and ask pendent advisory board consistent with volving regional economic development unanimous consent that the text of the the requirements of the Federal Advi- and public finance in the United bill be placed in the RECORD. sory Committee Act. States. There being no objection, the bill was The EFAB has been assigned the role The Maxwell School has established a ordered to be printed in the RECORD, as of providing advice on environmental Center for Environmental Policy and follows: financing. Its objectives include the Administration in which analysis of S. 717 following: Reducing the cost of financ- environmental issues, such as those en- Be it enacted by the Senate and House of Rep- ing environmental facilities and dis- visioned for the EFAB and the regional resentatives of the United States of America in couraging pollution; creating incen- Environmental Finance Centers, will Congress assembled, tives to increase private investment in play a major role. In addition, the Syr- SECTION 1. 12-MONTH EXTENSION OF PERIOD the provision of environmental serv- acuse Law School is establishing an en- FOR ISSUANCE OF MEDICARE SE- ices; removing or reducing constraints vironmental law center that will com- LECT POLICIES. on private involvement in environ- (a) IN GENERAL.—Section 4358(c) of the Om- plement the Finance Center. mental financing; identifying ap- nibus Budget Reconciliation Act of 1990 (42 Mr. President, I ask that the text of proaches specifically targeted to small U.S.C. 1320c–3 note) is amended by striking the bill be printed in the RECORD. ‘‘31⁄2-year’’ and inserting ‘‘54-month’’. community financing; assessing gov- (b) EFFECTIVE DATE.—The amendment ernment strategies for implementing There being no objection, the bill was made by subsection (a) shall take effect as if public-private partnerships; and re- ordered to be printed in the RECORD, as included in the enactment of the Omnibus viewing governmental principles of ac- follows: Budget Reconciliation Act of 1990.∑ counting and disclosure standards for S. 718 By Mr. MOYNIHAN (for himself their effect on environmental pro- Be it enacted by the Senate and House of Rep- and Mr. D’AMATO): grams. resentatives of the United States of America in S. 718. A bill to require the Adminis- The EFAB charter terminated on Congress assembled, trator of the Environmental Protection February 25, 1993. I am greatly pleased SECTION 1. SHORT TITLE. that EPA has initiated a renewal of the Agency to establish an Environmental This Act may be cited as the ‘‘Environ- Financial Advisory Board and Environ- EFAB charter. It is, indeed, the inten- mental Finance Act of 1995’’. tion of this legislation to help the EPA mental Finance Centers, and for other SEC. 2. PURPOSE. purposes; to the Committee on Envi- by creating in statute this most wor- The purpose of this Act is to require— ronment and Public Works. thy program. Former EPA Adminis- trator William K. Reilly testified be- (1)(A) the Administrator of the Environ- ENVIRONMENTAL FINANCE ACT mental Protection Agency to establish an ∑ Mr. MOYNIHAN. Mr. President, on fore the House Appropriations Com- Environmental Financial Advisory Board to behalf of myself and Senator D’AMATO, mittee in 1991 and expressed his hope provide expert advice and recommendations I introduce the Environmental Finance that the EFAB would eventually be- to Congress and the Administrator on issues, Act of 1995. This bill will make perma- come for the financing field what the trends, options, innovations, and tax matters nent the Environmental Protection Science Advisory Board has become to affecting the cost and financing of environ- Agency’s Environmental Financial Ad- the field of environmental science. I mental protection by State and local govern- share his determination. ments; and visory Board. (B) the Board to study methods to— As my colleagues are well aware, Mr. President, my legislation also will establish Environmental Finance (i) lower costs of environmental infrastruc- Congress has appropriated billions of ture and services; dollars in the last 20 years for environ- Centers at universities throughout the (ii) increase investment in public and pri- mental improvements. While great country. This legislation will establish vate environmental infrastructure; and progress has been made, much remains environmental finance centers in each (iii) build State and local capacity to plan to be done. Over the last several years of the 10 Federal regions. These perma- and pay for environmental infrastructure the EPA has produced significant data nent centers will be effective vehicles and services; and showing a shortfall between the need for the promotion of innovative financ- (2)(A) the Administrator to establish and support Environmental Finance Centers in for environmental infrastructure and ing techniques. Currently, two pilot en- vironmental finance centers at the institutions of higher education; the resources available to meet that (B) the Centers to carry out activities to need. Universities of New Mexico and Mary- improve the capability of State and local Environmental problems are some of land promote new financing options by governments to manage environmental pro- the more compelling, complex, and providing training to State and local grams; and controversial issues confronting the officials, distributing publications, giv- (C) the Administrator to provide Federal more than 83,000 local governments in ing technical assistance targeted to funding to the Centers, with a goal that the the United States. Government offi- local needs, and hosting meetings and Centers will eventually become financially cials are increasingly held liable for workshops for State and local officials. self-sufficient. violations of environmental statutes, These centers will work in conjunction SEC. 3. DEFINITIONS. and have to finance environmental re- with the EFAB to help States build In this Act: quirements imposed from Washington. their capacity to protect the environ- (1) ADMINISTRATOR.—The term ‘‘Adminis- Reporting requirements are increasing ment. The Environmental Finance Cen- trator’’ means the Administrator of the En- not only in frequency but in technical ters are initially to be partially funded vironmental Protection Agency. through Federal grants, with the goal (2) BOARD.—The term ‘‘Board’’ means the difficulty. Environmental Financial Advisory Board es- With this burden now falling heavily that they eventually will become self- tablished under section 4. on State and local governments, new sufficient. (3) CENTER.—The term ‘‘Center’’ means an means to pay for environmental serv- In my own State, Syracuse Univer- Environmental Finance Center established ices and infrastructure must be found. sity’s Maxwell School of Citizenship under section 5. This is imperative if we are to main- and Public Affairs, drawing on the tal- SEC. 4. ENVIRONMENTAL FINANCIAL ADVISORY tain and build upon the significant en- ents Syracuse’s Schools of Engineering BOARD. vironmental gains made thus far. and Law, and the State University of (a) IN GENERAL.—The Administrator shall In 1989, the Environmental Financial New York’s School of Forestry, is the establish an Environmental Financial Advi- Advisory Board [EFAB] was created for EPA’s Region II Environmental Fi- sory Board to provide expert advice on issues

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affecting the costs and financing of environ- cial issues relating to environmental pro- S. 584 mental activities at the Federal, State, and grams and projects; At the request of Mr. ROBB, the name local levels. The Board shall report to the (4) establish electronic database and con- of the Senator from South Carolina Administrator, and shall make the services tact services to disseminate information to [Mr. HOLLINGS] was added as a cospon- and expertise of the Board available to Con- public entities on financing alternatives for gress. State and local environmental programs; sor of S. 584, a bill to authorize the (b) MEMBERSHIP.— (5) generate case studies and special re- award of the Purple Heart to persons (1) IN GENERAL.—The Board shall consist of ports; who were prisoners of war on or before 35 members appointed by the Administrator. (6) develop inventories and surveys of fi- April 25, 1962. (2) TERMS.—A member of the Board shall nancial issues and needs of State and local S. 641 serve for a term of 2 years, except that 20 of governments; At the request of Mr. KENNEDY, the the members initially appointed to the (7) identify financial programs, initiatives, names of the Senator from Alabama Board shall serve for a term of 1 year. and alternative financing mechanisms for [Mr. HEFLIN], the Senator from Iowa (3) QUALIFICATIONS.—The members of the training purposes; Board shall be individuals with expertise in (8) hold public meetings on finance issues; [Mr. HARKIN], the Senator from West financial matters and shall be chosen from and Virginia [Mr. ROCKEFELLER], the Sen- among elected officials and representatives (9) collaborate with another Center on ator from North Dakota [Mr. DORGAN], of national trade and environmental organi- projects and exchange information. and the Senator from South Dakota zations, the financial, banking, and legal (c) GRANTS.—The Administrator may make [Mr. DASCHLE] were added as cospon- communities, business and industry, and grants to institutions of higher education to sors of S. 641, a bill to reauthorize the academia. carry out this section. Ryan White CARE Act of 1990, and for (4) CHAIRPERSON AND VICE CHAIRPERSON.— (d) AUTHORIZATION OF APPROPRIATIONS.— other purposes. The members of the Board shall elect a There are authorized to be appropriated to Chairperson and Vice Chairperson, who shall carry out this section $2,500,000 for each of S. 704 each serve a term of 2 years. fiscal years 1996 through 2000.∑ At the request of Mr. SIMON, the (c) DUTIES.—After establishing appropriate name of the Senator from Indiana [Mr. f rules and procedures for the operations of LUGAR] was added as a cosponsor of S. the Board, the Board shall— ADDITIONAL COSPONSORS 704, a bill to establish the Gambling (1) work with the Science Advisory Board, Impact Study Commission. established by section 8 of the Environ- S. 277 SENATE JOINT RESOLUTION 26 mental Research, Development, and Dem- At the request of Mr. D’AMATO, the onstration Act of 1978 (42 U.S.C. 4365), to name of the Senator from Maine [Mr. At the request of Mr. SIMPSON, the identify and develop methods to integrate COHEN] was added as a cosponsor of S. name of the Senator from New Hamp- risk and finance considerations into environ- 277, a bill to impose comprehensive shire [Mr. SMITH] was added as a co- mental decisionmaking; economic sanctions against Iran. sponsor of Senate Joint Resolution 26, (2) identify and examine strategies to en- At the request of Mr. MCCONNELL, his a joint resolution designating April 9, hance environmental protection in urban name was withdrawn as a cosponsor of 1995, and April 9, 1996, as ‘‘National areas, reduce disproportionate risks facing Former Prisoner of War Recognition urban communities, and promote economic S. 277, supra. Day.’’ revitalization and environmentally sustain- S. 328 SENATE JOINT RESOLUTION 32 able development; At the request of Mr. SANTORUM, the (3) develop and recommend initiatives to name of the Senator from Illinois [Mr. At the request of Mr. HATCH, the expand opportunities for the export of SIMON] was added as a cosponsor of S. name of the Senator from Ohio [Mr. United States financial services and environ- DEWINE] was added as a cosponsor of mental technologies; 328, a bill to amend the Clean Air Act to provide for an optional provision for Senate Joint Resolution 32, a joint res- (4) develop alternative financing mecha- olution expressing the concern of the nisms to assist State and local governments the reduction of work-related vehicle in paying for environmental programs; trips and miles traveled in ozone non- Congress regarding certain recent re- (5) develop alternative financing mecha- attainment areas designated as severe, marks that unfairly and inaccurately nisms and strategies to meet the unique and for other purposes. maligned the integrity of the Nation’s needs of small and economically disadvan- law enforcement officers. S. 384 taged communities; and f (6) undertake such other activities as the At the request of Mr. BROWN, the Board determines will further the purpose of name of the Senator from Virginia [Mr. SENATE RESOLUTION 109—EX- this Act. WARNER] was added as a cosponsor of S. TENDING THE APPRECIATION (d) RECOMMENDATIONS.—The Board may 384, a bill to require a report on United AND GRATITUDE OF THE U.S. recommend to Congress and the Adminis- States support for Mexico during its SENATE TO SENATOR ROBERT C. trator legislative and policy initiatives to debt crisis, and for other purposes. BYRD make financing for environmental protec- tion more available and less costly. S. 394 Mr. DASCHLE (for himself and Mr. (e) OPEN MEETINGS.—The Board shall hold At the request of Mr. D’AMATO, the DOLE) submitted the following resolu- open meetings and seek input from the pub- name of the Senator from New Mexico tion; which was considered and agreed lic and other interested parties in accord- [Mr. DOMENICI] was added as a cospon- to: ance with the Federal Advisory Committee sor of S. 394, a bill to clarify the liabil- S. RES. 109 Act (5 U.S.C. App.) and shall otherwise be ity of banking and lending agencies, Whereas Senator Robert C. Byrd on Fri- subject to the Act. lenders, and fiduciaries, and for other day, March 21, 1980, delivered on the floor of (f) AUTHORIZATION OF APPROPRIATIONS.— the Senate, an extemporaneous address on There are authorized to be appropriated to purposes. the history, customs, and traditions of the carry out this section $1,000,000 for each of S. 457 Senate; fiscal years 1996 through 2000. At the request of Mr. SIMON, the Whereas on the following Friday, March 28, SEC. 5. ENVIRONMENTAL FINANCE CENTERS. name of the Senator from New Jersey 1980, the Senator delivered a second, and (a) IN GENERAL.—The Administrator shall [Mr. BRADLEY] was added as a cospon- once more spontaneous, installment of his establish and support an Environmental Fi- sor of S. 457, a bill to amend the Immi- chronicle on the Senate; nance Center in an institution of higher edu- gration and Nationality Act to update Whereas the first 2 speeches generated cation in each of the regions of the Environ- references in the classification of chil- such intense interest that several Senators mental Protection Agency. dren for purposes of United States im- and others asked Senator Byrd to continue (b) DUTIES AND POWERS.—A Center shall co- the speeches, particularly in anticipation of ordinate the activities of the Center with the migration laws. the forthcoming bicentennial of the Senate Board and may— S. 508 in 1989; (1) provide on-site and off-site training of At the request of Mr. BREAUX, the Whereas over the following decade Senator State and local officials; name of the Senator from Missouri Byrd delivered 100 additional addresses on (2) publish newsletters, course materials, various aspects of the political and institu- [Mr. BOND] was added as a cosponsor of proceedings, and other publications relating tional history of the Senate; to financing of environmental infrastruc- S. 508, a bill to amend the Internal Whereas in anticipation of commemo- ture; Revenue Code of 1986 to modify certain rating the 200th anniversary of the Senate, (3) initiate and conduct conferences, semi- provisions relating to the treatment of Congress in 1987 authorized publication of nars, and advisory panels on specific finan- forestry activities. the

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5553 addresses in suitable illustrated book-length focus my remarks on what I consider a politically unpopular vote. And we editions; to be the real point of the contract, saw a terrible lot of that in the House Whereas between 1988 and 1994, Senator which was a commitment by newly for 40 years. Byrd meticulously supervised preparation of elected leaders to—hold on to your Finally, I would like to address the 4 volumes, including a 39 chapter chrono- rather silly charge that the ‘‘Contract logical history, a 28 chapter topical history, hats—to keep their campaign promises. a compilation of 46 classic Senate speeches, Small wonder that this effort has With America’’ was a special boon for and a 700 page volume of historical statis- produced so much discomfiture and rich Americans only. tics; fury on the other side. I remember a If we run down the various items of Whereas volumes in the series have re- Presidential election in 1992, in which a the contract—and I do not support ceived national awards for distinction from Democratic Presidential candidate every single one of them—we see sev- organizations such as the American Library campaigned against the Bush policy in eral measures that have nothing to do Association and the Society for History in China, against the Bush policy in Bos- with being ‘‘rich’’ or ‘‘poor.’’ We simply the Federal Government; nia, promised massive tax cuts—then see measures designed to give Wash- Whereas the 4 volume work, entitled ‘‘The delivered unprecedented tax in- ington some long-overdue account- History of the United States Senate’’, is the ability to the people we represent. most comprehensive history of the Senate creases—and on and on and on. And that has been written and published; this is, to the mindset of the other For instance—the Congressional Ac- Whereas Senator Byrd has devoted tireless side, what ‘‘responsibility’’ is all about. countability Act. I do not understand energy and tremendous effort to the prepara- You don’t keep your campaign prom- why it would be catering to the ‘‘rich’’ tion and publication of the historical books, ises, because it would be ‘‘irrespon- to make Congress accountable to the enabling citizens of the United States to bet- sible’’ to do so. laws that it passes. ter understand the history, traditions, and My view is rather quite different. My Nor do I understand why a halt to un- uniqueness of the Senate; and view of responsibility is that, while funded Federal mandates is a special Whereas a better understanding by people benefit for ‘‘the rich.’’ It is an irrele- of the Senate and the role of the Senate in campaigning, one only makes promises that one intends to keep. But appar- vant, nonsensical argument to say that our constitutional system of government somehow it is the height of egali- will foster respect and appreciation for the ently it is a novel idea in Washington, tarianism for Washington to send end- democratic traditions of the United States: and is described by phrases such as less unfunded mandates on to the Now, therefore, be it ‘‘pandering’’ and ‘‘irresponsibility.’’ Resolved, That the United States Senate Now also, before discussing the sub- States. The balanced budget amendment; extends congratulations and appreciation to stance of the contract itself, let me there’s another one. Simply the propo- Senator Robert C. Byrd for completing ‘‘The also commend by House colleagues for History of the United States Senate’’, a mon- sition that Government should live adhering to the principle that, whether umental achievement that will educate and within its means. I would be very curi- or not the votes were there to pass inspire citizens of the United States about ous to know what tenet of economic these items, these matters should be the Senate for generations to come. theory holds that it is necessary for brought forth for a vote. That was the f Government to go into hundreds of bil- real point of the contract—to bring lions in debt every year in order to AUTHORITY FOR COMMITTEES TO matters up for a vote. MEET treat ‘‘rich’’ and ‘‘poor’’ appropriately. I need not tell American citizens why Even many of the attacks on the pro- SUBCOMMITTEE ON SOCIAL SECURITY AND that is so important, but I would like posed tax cuts struck me as disingen- FAMILY POLICY to refresh my colleagues’ under- uous, at times even hypocritical. Many Mrs. HUTCHISON. Mr. President, I standing of that point. The point is Congressmen and Senators waxed elo- ask unanimous consent that the Sub- simply that the American public has a quent about how unfair it was to give committee on Social Security and right to know where its representatives any sort of tax break to the ‘‘rich,’’ but Family Policy of the Finance Com- truly stand on these issues. That is a when it comes to shelling out billions mittee be permitted to meet on Friday, fundamental responsibility of rep- in Federal entitlement benefits to the April 7, 1995, beginning at 9:30 a.m. in resentative democracy. ‘‘rich,’’ they are strangely silent. If it room SD–215, to conduct a hearing on This principle should be supported by is unjust to have any sort of tax relief 1995 Board of Trustees annual report of all legislators, whether or not they affecting anyone of means, please ex- the Social Security and disability trust agreed with all of the substantive con- plain to me why a billionaire should funds. tent of the ‘‘contract.’’ Clearly, these get a full Social Security COLA, or to The PRESIDING OFFICER. Without were matters of importance to the have 75 percent of his Medicare part B objection, it is so ordered. American people. Many legislators—on premium paid by the taxpayer. If you both sides of the aisle—have run for of- f want to know where we have really in- fice claiming that they supported such ADDITIONAL STATEMENTS dulged the ‘‘rich,’’ it’s not through the measures. They would say that they fa- Tax Code. It’s through Government vored balanced budgets, favored the spending. line-item veto, favored term limits, fa- CONTRACT WITH AMERICA So this was never about ‘‘rich’’ vored holding Congress accountable to versus ‘‘poor.’’ It was about big Gov- ∑ Mr. SIMPSON. Mr. President, I rise the laws that it passed—and yet these ernment versus small Government. to join my colleagues who have ex- measures were never passed. Those who In the end, Mr. President, many of pressed their congratulations to our voted for these legislators had a right the attacks on the Republican legisla- counterparts in the House who this to know who really favored these meas- tive effort are nothing more than the week completed work on the ‘‘Contract ures and who did not. same shopworn, trite, ridiculous rhet- With America.’’ I think it is a measure of how truly oric of class warfare that got us into In the past few days, Mr. President, I ‘‘out of touch’’ Washington has become this spending nightmare, and most as- have heard some powerful and stirring if the definition of ‘‘responsibility’’ has suredly will not get us out. remarks from the other side about the become—‘‘refusing to vote on matters We will hear much more of it in the nature of the ‘‘Contract With Amer- of importance to the American peo- weeks to come. ica.’’ I have heard allegations that Re- ple.’’ What House Republicans have ac- When we attempt to hold the growth publicans are plotting to break ketch- complished, essentially, is to dem- of Government spending to a reason- up bottles over children’s heads, to onstrate that they believed that Amer- able level—not to cut it, but just to re- snatch their school lunches from their icans did have a right to know where strain its growth—we will hear how we grasping mouths, and to send the sen- their legislators really stood, instead are ‘‘cutting’’ and ‘‘slashing’’ and so iors of America into the streets to for- of Congress’ engaging in the age-old forth. age from garbage cans. practice of refusing to bring matters to I just cannot believe—and I say this Of course, this is an attempt to cast a vote simply because it was feared in all earnestness to my Democratic a judgment on the substance of the leg- they would pass. That is not my idea of colleagues and their pollsters—that the islation that was brought forth under representative democracy—gimmick- American people will swallow that one. the contract. I would instead prefer to ing the system to avoid having to cast I remember those charges during the

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5554 CONGRESSIONAL RECORD — SENATE April 7, 1995 Reagan years. Last I looked, we had a tivity by rescinding fiscal year 1995 seek to postpone or eliminate environmental Federal budget of, now, $1.6 trillion. BRAC funds is also short-sighted. It’s work at operational military bases. Doesn’t look like a lot of ‘‘slashing’’ probably not even penny-wise, but it is At the same time, the DOD Comptroller and ‘‘cutting’’ to me. Does anyone seri- certainly pound-foolish. has announced an additional $437 million in ously believe that the American public In many cases, Federal and State cuts for cleanup programs through FY97. Such actions can only encourage members of will buy the notion that we are tearing laws require this cleanup. At some Congress who would like to redirect DOD en- spending to ribbons when we have a bases, consent agreements now dictate vironmental spending into more traditional Federal budget of $1.6 trillion? Some- specific cleanup activities and dead- defense programs. thing just doesn’t add up there. lines, the cost of which must be paid The continued erosion of cleanup funding The reality is that we have programs from the BRAC accounts. So BRAC re- inevitably will threaten the health of armed like Head Start that are going up 140 scissions are false savings. We still services personnel and civilians who work at percent over the course of 6 years—and have to complete these environmental military bases where contamination is the opposition comes down here, still, restoration activities. When we delay, present. It will also exacerbate economic suf- to charge that it is being torn apart by it becomes more expensive, because the fering in communities that are struggling to redevelop closing bases. And, if the federal Republican budget cuts. contamination in many cases gets government will not meet its cleanup obliga- It is a mode of argument that simply worse. Soil and groundwater contami- tion, how can we expect private industry to will not work anymore. There is simply nation can spread. And if consent do so? too much clear evidence to the con- agreements are violated because of California expects DOD to comply with the trary. lack of funds, the Federal Facilities federal/state cleanup agreements it has There is still much to do to bring our Compliance Act says the Federal Gov- signed at California military bases. DOD is Government’s house into order. But by ernment may be subject to fines and contractually obligated to seek sufficient any measure, the first 100 days of this penalties. funding to permit environmental work to Congress have been a darn good start. The Governor of California, Pete Wil- proceed according to the schedules contained We owe the House our rich congratula- son, recently wrote to the Secretary of in those agreements. California will not hesi- ∑ tate to assert its right under those agree- tions. Defense on this subject, saying: ments to seek fines, penalties and judicial f The continued erosion of cleanup funding orders compelling DOD to conduct required inevitably will threaten the health of armed SHORTSIGHTED RESCISSIONS environmental work. services personnel and civilians who work at I would be happy to work with you to ∑ Mr. LEVIN. Mr. President, the rescis- military bases where contamination is strengthen support in Washington for full sion bill approved by the Senate last present. It will also exacerbate economic suf- funding of DOD cleanup work. One way to re- night included a very short-sighted fering in communities that are struggling to duce oversight costs would be to delist mili- cut, which I strongly opposed. The bill redevelop closing bases. And, if the federal tary bases from the National Priorities List government will not meet its cleanup obliga- we sent to conference with the House and give states the exclusive responsibility tion, how can we expect private industry to for overseeing base cleanups. Please do not rescinds $93.5 million for the base re- do so? DOD is contractually obligated to alignment and closure account for the hesitate to contact me if I can be of assist- seek sufficient funding to permit environ- ance in these areas. 1993 round of military facility closures, mental work to proceed according to the Sincerely, and another $10.6 million for the base schedules contained in those agreements. PETE WILSON. realignment and closure account for California will not hesitate to assert its right under those agreements to seek fines, the 1991 round of facility closures. OFFICE OF THE ATTORNEY GENERAL, penalties and judicial orders compelling DOD These BRAC accounts provide the Austin, TX, December 29, 1994. to conduct required environmental work. funds to close and realign military Re additional comments to the Defense envi- bases including, most urgently, to The attorney general of Texas ex- ronmental response task force fiscal year clean up an environmental contamina- pressed similar sentiments in a letter 1994 annual report to Congress. tion that the military services caused to the Pentagon, saying: Ms. Sherri Wasserman Goodman, while they occupied those facilities. If, in other words, the DOD and the federal Deputy Under Secretary of Defense (Environ- During consideration of the bill, I government do not comply with all applica- mental Security), Defense Pentagon, Wash- voted for the Mikulski amendment, ble cleanup laws, then other entities may ington, DC. begin to question why they should comply which would have restored funds for DEAR MS. GOODMAN: I continue to believe with cleanup laws. Hopefully, we have not that much progress has been made in the cleanup of closing bases and funds for reached the point of the federal government cleanup program of the Department of De- other important national programs. taking the position of ‘‘do as I say, and not fense (‘‘DoD’’) as a result of the work done Now, I strongly encourage the con- as I do.’’ by you and your office. It is important, how- ference committee to restore these I would ask that the entire letter of ever, that the policies declared at the head- funds. January 25, 1995 from Governor Wilson quarters level continue to permeate down When we voted for base closures over to Secretary Perry, and the December through the Services to the base or facility level. I am not quite sure at this point, in the last 5 years, we also committed to 29, 1994 letter from Attorney General complete environmental restoration other words, that all of the policies and ef- Dan Morales to Under Secretary of De- forts set forth at the headquarters level have and remediation at those facilities fense Sherri Wasserman Goodman be been fully embraced or implemented at the quickly, in fact within a maximum of 5 printed in the RECORD. facility level. years from the time closure was ap- SACRAMENTO, CA, Because of possible adverse effects on fu- proved. I consider that a solemn com- January 25, 1995. ture cleanups at closing bases, I am deeply mitment from us, and from President Hon. WILLIAM PERRY, concerned about recent action taken by the Clinton to the affected communities, Secretary of Defense, The Pentagon, DoD Comptroller with regard to the DoD en- which spent years as good neighbors to Washington, DC. vironmental remediation and compliance the military, providing all kinds of DEAR SECRETARY PERRY: I would like to budget. I understand that the Comptroller support. Each of those communities express may deep concern about recent ac- desires to cut over a half-billion dollars from the DoD’s request for environmental cleanup was serving our country with their sup- tions at the Department of Defense (DOD) and in Congress regarding cuts in funding for and compliance. Not only would such a cut port of local military facilities. The environmental restoration of military bases. be short-sighted, I firmly believe that it President and Department of Defense The recent decision by Congress to cut $400 would be unlawful if it is the case that all of have tried to keep this commitment by million from the Defense Environmental the legal requirements facing the DoD could requesting full funding for BRAC ac- Restoration Account (DERA) for FY95 con- not be met (as a financial or budgeting mat- tivities. We appropriated most of what tinues a disturbing trend begun last year ter) in accordance with Executive Order 12088 was asked for last year. It would be a when Congress rescinded $507 million from (Federal Compliance with Pollution Control mistake to rescind more funding. the Base Realignment and Closure (BRAC) Standards (Oct. 10, 1978)) and the many fed- Mr. President, not only is it wrong to Account. California was reassured that the eral facility and state cleanup agreements BRAC recission would not affect environ- entered into in good faith by the DoD. While renege on the commitment we made to mental work at closing military bases, but saving taxpayers’ money and ensuring mili- cleanup swiftly the military bases we work was indeed scaled back at several Cali- tary readiness are surely critically impor- have ordered to close, so that reuse fornia military bases due to the cut. The tant objectives, the compliance by DoD with there is possible. Underfunding this ac- DERA cut presumably means that DOD will all applicable laws purposed at protecting

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5555 our citizens’ health and safety is also ex- more budget-based than health and safety- is not doing anything that might increase tremely important. Unfortunately, DoD ap- based. the legal liability of the government or any pears to be sliding towards the purposeful 2. Harmonization with Private Sector other party. I am not confident at this point disregard of its cleanup obligations. Standards. The goal of trying to quickly- that sufficient institutional controls akin to More fundamentally, I am perplexed that a transfer bases to our communities is to en- those established in the private sector long- certain element within DoD apparently does sure quick development in order to create term property management have yet been not believe that a safe and healthy work and jobs and promote the economic health of our developed by DoD in the base closure con- living environment for our servicemen and communities—it is not the quick transfer of text. women (and their families) is important for bases for the mere sake of quick transfer. 4. Indemnification of Future Owners. The their well-being, as well as for our national Unless, however, private sector lenders, de- Annual Report points out that the Defense security. Surely, the people who are respon- velopers, and investors are sufficiently com- Authorization Act for Fiscal Year 1993 sible for defending this country should be ac- fortable that they will not face potential en- (‘‘Act’’) contains provisions to indemnify corded the same degree of protection from vironmental liability, they simply will not transferees from environmental liability, carcinogens and other hazardous substances get involved in the redevelopment of a closed and implies that no further study of indem- accorded workers and their families in the base. nification is needed. The Act indemnifies private sector. Thus, it is critical that DoD’s investiga- states, political subdivisions and any other Furthermore, I assume that the Comp- tive, remedial, and transfer processes mirror person or entity that acquires ownership or troller does not intend for the DoD to shirk the processes found in the private sector. For control of a closing base from suits arising its responsibility to protect the health and example, the investigation and remediation out of any claim for personal injury or prop- safety of the communities surrounding de- processes established by the Services should erty damage resulting from the release or fense bases, especially if those communities reflect and fulfill the same requirements, threatened release of hazardous substances. consist of groups, such as Hispanics and Afri- roles, and functions as environmental due Clearly, the federal government is solely can-Americans, which have historically been diligence efforts in the private sector. Fail- responsible for cleaning up contamination the victims of environmental injustice. We ure to harmonize efforts between the DoD caused by its activities prior to base closure. cannot pull the ladder up on these groups by and the private sector in this regard will CERCLA, however, provides as a general cutting the environmental cleanup and com- only result in delay subsequent to the trans- matter that the current owner (i.e., the pliance budget so soon after finally initi- fer of closed bases. I have instructed my of- transferee receiving title to the closed base) ating environmental justice efforts. fice to continue to encourage DoD to make is jointly and severally liable for response Lastly, regarding the remediation funding every effort to harmonize, to the extent al- costs. Thus the transferee may be found issue, it is clear that if DoD does not take its lowed by law, its investigative, remedial, and jointly and severally liable for the cost of cleanup responsibilities seriously enough to transfer practices with private sector prac- clean up residual contamination left from request adequate funding, then DoD will be tices. military activities notwithstanding the pro- sending the worst possible signal to the pri- 3. Base Transfers Prior to Remedial Ac- visions of CERCLA § 120(h)(3). I am unsure vate sector and the local and state govern- tion. The DERTF Annual Report indicates whether the indemnity provision cited above ments facing similar cleanup responsibil- that the DERTF proposes to examine pos- unambiguously provides otherwise. I rec- ities. If, in other words, the DoD and the fed- sible changes in the law to allow property to ommend that DERTF study this issue and eral government do not comply with all ap- be deeded before remedial actions are in that the Act be clarified to comply with the plicable cleanup laws, then other entities place and properly and successfully oper- common understanding of the government’s may begin to question why they should com- ating, so long as there is no increased threat responsibilities. ply with cleanup laws. Hopefully, we have to human health and the environment. In any event, while who ultimately is re- not reached the point of the federal govern- Section 120(h)(3) of CERCLA requires that sponsible for response costs is a relatively ment taking the position of ‘‘do as I say, and each deed transferring federal property con- straightforward legal issue, determining not as I do.’’ tain a covenant warranting that all remedial whose ‘‘molecules’’ are contaminating the Aside from comments regarding the DoD action necessary to protect human health groundwater or soil may be a very difficult Comptroller budget cutting issue, I hereby and the environment has been taken and factual issue—an issue that may only be de- submit additional comments to the 1994 De- that any additional remedial action found to termined after much litigation and much ex- fense Environmental Response Task Force be necessary after the transfer shall be taken pense for all parties concerned. (‘‘DERTF’’) Annual Report to Congress: by the government. Generally this means I look forward to continuing my office’s 1. Future Land Use. Whether future land that base property cannot be transferred be- participation in the DERTF proceedings. As use should be a factor in determining if DoD fore it is cleaned up. This important statu- we move on to the next round of base clo- property is contaminated, or to what stand- tory requirement helps to protect future oc- sures, it is critical that we continue to im- ards the property must be cleaned up, are cupants from harm, and the United States prove the base cleanup and transfer process. policy questions ultimately to be decided by from liability. In light of the Anti-Defi- Thank you for the opportunity to add my Congress. Until Congress expressly decides, ciency Act and other barriers to the ensuring comments to the DERTF Annual Report to however, whether the consideration of future of sufficient funding for cleanups, the re- be submitted to Congress. land use is appropriate in the cleanup con- quirement of base cleanup before transfer Sincerely, provides the one sure means of ensuring that text, DoD must comply with all existing ap- DAN MORALES, plicable requirements of the U.S. Environ- there will indeed be cleanup of the facility to Attorney General of Texas. be transferred. mental Protection Agency (‘‘EPA’’) and the Mr. LEVIN. Mr. President, the Sen- respective states in determining what con- The risks involved in deeding property be- stitutes ‘‘all remedial action’’ necessary to fore cleanup is completed in accordance with ate bill rescinds fiscal year 1995 BRAC protect the human health and environment. all applicable law outweigh any potential funding that DOD did ask for and that Thus, whether future land use is a legitimate benefits of such premature deeding, in my we appropriated, as we should have. If or legal consideration in establishing appro- opinion. Even if deeding contaminated prop- the conference committee accepts priate cleanup levels currently depends upon erty does not actually increase the threat to these rescissions in the BRAC ac- whether the regulators allow such consider- human health, it will reduce DoD’s control over the transferred property, breach an im- counts, it will further slow cleanup ation, either explicitly or implicitly. that has already been delayed by pre- As my office has frequently stated during portant regulatory checkpoint, and increase the DERTF proceedings, attempts to sub- the legal risks to all parties. I continue to vious cuts. Last year Congress re- sidize economic redevelopment of bases by believe that this option should be rejected by scinded half a billion dollars from allowing the cleanup standards to be loos- the DERTF. BRAC accounts to pay part of the cost ened may be problematic in the long run for There is, furthermore, no statutory clean- of earthquake recovery in California. our communities, citizens, and base trans- up completion requirement for leases. While That reduction was spread by the De- ferees, as well as short-sighted for DoD. It is it may be, as the Services are claiming, that partment of Defense among many fa- leases are not being used by the Services in still unclear to me whether the following cilities, and the pace of cleanup was issues have been carefully thought through: order to avoid their cleanup responsibilities (1) Who or what entity decides future land or to circumvent the ultimate purpose of slowed. use? CERCLA, long-term leases are clearly being I know some in Congress have at- (2) What happens when a community de- used to avoid—strictly speaking—the provi- tacked environmental restoration as cides in the future to change the use of the sions of CERCLA § 120(h)(3). While leases can not a legitimate Pentagon expenditure. transferred property? and have been used to facilitate reuse in con- But where the military caused environ- (3) What happens when cleanup standards junction with remediation on terms that are mental damage, especially where it related to a certain use are ratcheted up- fully protective of human health and the en- now interferes with productive reuse of wards by EPA or by the respective states? vironment, it is critical that the Services Until the answers to such issues are fur- maintain adequate control over the leased land and property in the middle of se- ther refined and a consensus is reached by all property in order to ensure that public verely dislocated communities, that stakeholders, I caution against moving too health and safety are protected, that cleanup damage constitutes a real cost of mili- quickly to short-term solutions that may be activities are facilitated, and that the lessee tary activities. It is just a deferred cost

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5556 CONGRESSIONAL RECORD — SENATE April 7, 1995 created by the Federal Government, a ment and reused by local communities try- This Commission was formally estab- bill that has not yet been paid. We ing to rebuild their economies and attract lished by Public Law 372 in 1955 with must pay it. We promised to pay it, and new jobs. Congress must not now renege on the responsibility of constructing an the BRAC accounts hold the funds. this commitment by underfunding the Base appropriate memorial to the 32d Presi- Realignment and Closure (BRAC) accounts The Department of Defense strongly that pay for this cleanup. dent of the United States. That memo- supports these BRAC expenditures. Air Our nation’s military facilities infrastruc- rial, which is to be unveiled in 1997, is Force Secretary Sheila Widnall told ture must be reduced commensurate with a tribute not only to Roosevelt the the Armed Services Committee: the downsizing of armed forces. At least 30 President, but also to an era. I cannot think of anything more short- states are already directly affected by base I was 10 years old when Franklin closures initiated in the first three rounds of sighted than to not fund for to rescind envi- Roosevelt was elected President, I was ronmental cleanup money for BRAC bases. the closure process, and additional bases are a 20-year-old naval officer in the waters Secretary of Defense Perry told the scheduled to be identified for closure this summer. Where the federal government has off Okinawa when I heard the news Budget Committee: caused environmental contamination during that the President had died. Millions of That work has to be done, there’s no doubt. its tenancy, that damage must be substan- Americans, like myself, had grown up This environmental cleanup we’re doing is tially repaired before property can be trans- with the Roosevelts. To many it legislatively required. It’s not as if it’s a dis- ferred to a state, locality or private owner seemed that he would be President for- cretion on the part of the Defense Depart- for productive reuse. Environmental damage ever. Suddenly, while the United ment. is a real cost incurred as a result of DOD ac- States are still engaged in war, our Reducing our excess military facility tivities and it should be paid for out of the Commander in Chief was gone. The capacity is necessary, Mr. President, DOD budget. feeling was one of loss and uncertainty, but it is extremely painful for local In many cases, federal and state laws gov- ern the cleanup activities required, and at Roosevelt was to many Americans the communities whose economics have be- some bases the relevant parties have nego- only President we had known, to mil- come reliant on a facility over many tiated consent agreements mandating spe- lions he was a hero and a friend. The decades. Base closure causes a huge cific cleanup deadlines. Costs associated future suddenly became uncertain for economic and social disruption, espe- with thses activities are paid for from the those at home and overseas. cially in smaller, rural communities BRAC accounts, which the Administration where a base has dominated the local and Congress have funded adequately in re- That uncertainty soon turned to con- job picture. At lest 30 Sates are already cent years. fidence as the war was won and the directly affected by base closures initi- Defense Secretary William Perry recently United States took its place not only testified to the Senate Budget Committee as the champion of freedom and peace ated in the 6 years, and additional that ‘‘This environmental cleanup we’re bases are scheduled to be identified doing is legislatively required. It’s not as if but as the most prosperous nation the this summer for closure. it’s a discretion on the part of the Defense world has ever known. Roosevelt had The base closure process has been Department. That work has to be done, ensured the future of the country by devastating to military facilities in my there’s no doubt.’’ And Air Force Secretary preparing it for the demands of the own State of Michigan. We have now Sheila Widnall testified last year that ‘‘I 20th century. lost all three of our active Air Force cannot think of anything more short-sighted It was Roosevelt’s dedication to the bases, a number of smaller facilities, than to not fund or to rescind environmental cleanup money for BRAC bases.’’ future of this country which instigated and still more closures have been pro- For all of these reasons, we request that such universally accepted successes as posed in Michigan for the current you reject any rescission of FY 1995 funds in the GI bill of rights and the Social Se- BRAC round IV. If the reductions pro- this area, and that you support full funding curity Act. The GI bill assisted over 50 posed in this Senate bill are approved of the Department of Defense FY 1996 re- percent of the returning soldiers, sail- by the full Congress and signed into quest for Base Realignment and Closure ors, marines, and airmen, guaranteed law by the President, the impact will cleanup activities. for the United States an educated and Thank you for your consideration. be felt in many communities with clos- skilled populace unrivaled in the ing bases from BRAC rounds II and III Sincerely, Patrick Leahy, Daniel K. Akaka, Bar- world. While the GI bill provided for that are currently struggling to sur- bara Boxer, Ben Nighthorse Campbell, those upon whose backs the future lay, vive, including Wurtsmith Air Force John Lieberman, Frank R. Lautenberg, the Social Security Act helped those Base in Oscoda and K.I. Sawyer in John F. Kerry, Carl Levin, Claiborne who had already carried the burden. Gwinn, MI. These communities are try- Pell, Patty Murray, David Pryor, Herb As is now well known, Franklin Roo- ing to attract new businesses with new Kohl, Chuck Robb, Paul Sarbanes, Tom sevelt fought a constant battle with jobs, and the land and property that Daschle, Dianne Feinstein, Olympia the crippling effects of polio even as he has been contaminated by the military Snowe. waged war against the Great Depres- cannot be made available for other use Mr. LEVIN. We hope that the com- sion and the forces of fascism. His ac- until it is cleaned up. That takes mittee would heed our advice. Now it is complishments as President serve as money, and the money must come from vital that the conference committee the greatest testament to his personal these BRAC accounts. restores these funds so that cleanup victories, and he survives still as an ex- Mr. President, last month 17 of my goes forward without delay, and pro- ample of the human ability to chal- colleagues in the Senate wrote to the ductive reuse in communities with lenge and overcome even the greatest chairman and ranking member of the closing bases can be accomplished of obstacles. Senate Appropriations Committee. We swiftly.∑ urged the committee to fully fund en- ∑ Mr. HATFIELD. Mr. President, Mr. President, the life and Presi- vironmental cleanup at closed military President Franklin Delano Roosevelt dency of Franklin Delano Roosevelt bases, and specifically to not rescind will live forever in the hearts and serves as a reminder to each of us, to fiscal year 1995 funds. I ask that the minds of Americans. This memorable my colleagues in the Senate and to the full letter, signed by 18 Senators, be leader helped to lead this country people all across this country, of the printed at this point in the RECORD. through both a worldwide depression ability of the American people to face The letter follows: and a world war, and when he died he up to and overcome any and all chal- U.S. SENATE, left the country positioned to take its lenges. To look the uncertainties of the Washington, DC, February 27, 1995. place as the leader of the free world. future in the face and to move forward Hon. MARK O. HATFIELD, Fifty years ago April 12, the people of with confidence and an unshakable Senate Appropriations Committee, U.S. Senate, our great country lost a President, a faith. This is indeed Roosevelt’s long- Washington, DC. statesman, and a leader. est and best lived legacy, his eternal DEAR MR. CHAIRMAN: When the President Since 1971 I have had the honor to challenge to each and every one of us. and Congress initiated the process of closing have served on the Franklin Delano For as he wrote soon before his death, military bases, we made a solemn commit- ment to complete environmental restoration Roosevelt Memorial Commission, the ‘‘The only limit to our realization of and remediation at those facilities quickly. past 5 years of this time serving as the tomorrow will be our doubts of today. We recognized that cleanup is essential be- cochairman with my distinguished col- Let us move forward with strong and fore property can be released by the govern- league from Hawaii, Senator INOUYE. active faith.’’∑

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 7, 1995 CONGRESSIONAL RECORD — SENATE S5557 BOSNIA SPRING The bill, as amended by the com- Most important, the report expressed ∑ Mr. MOYNIHAN. Mr. President, promise substitute, is a distinct im- U.S. support for ‘‘continued develop- spring has arrived here in Washington, provement over the legislation re- ment of democratic institu- the Grounds of the Capitol are looking ported by the Appropriations Com- tions * * * and the conduct of free and their best and we welcome the change. mittee. The compromise reduces Fed- fair elections after July 1.’’ I hope the Unfortunately, spring in Bosnia is not eral spending by nearly $16 billion and United States Government is making restores funding to a number of critical a welcome event. Spring in Bosnia this position clear to the People’s Re- means the cease-fires of winter melt programs affecting children and edu- public of China in no uncertain terms. away and the war will resume with all cation. its ferocity. This includes a broad range of pro- The report neglected to discuss a I have taken this floor many times to grams that I very strongly support: number of important developments decry the ethnic cleansing that con- Head Start, education reform, safe and which I highlight here because they are tinues in Bosnia and to urge our Gov- drug free school programs, the Women so critical to the future of the terri- ernment, and the U.N. Security Coun- Infants and Children Program, the tory. cil, to act more responsibly in address- childcare block grant program, title I Much as China’s treatment of the ing this terrible tragedy. It comes as programs to improve reading, writing, press has had a chilling effect on Hong no surprise that those affected by our and math skills for educationally dis- Kong journalists, the People’s Republic inaction are astonished at our apparent advantaged kids, impact aid, and the indifference, and chastise us for failing of China’s harsh and arbitrary treat- TRIO Program for first generation col- ment of businessmen is having per- to uphold basic moral and legal norms. lege-bound students, and the national On Wednesday, the Washington Post nicious effects in Hong Kong. The Peo- service college scholarship program— ple’s Republic of China frequently ar- printed a portion of a statement by AmeriCorps. Vinko Cardinal Puljic, archbishop of However, the legislation still cuts rests, imprisons, and holds incommuni- Sarajevo. While the United States, too deeply into important programs cado, foreign businessmen—almost 20 along with the U.N. Security Council which the American people approve of in the past 3 years—particularly those and NATO sit on our hands, we cannot such as assisting the States in pro- with whom People’s Republic of China also cover our ears. The archbishop of tecting the quality and safety of our state-owned enterprises have commer- Sarajevo knows of what he speaks. The drinking water, the opening of Jobs cial disputes. For example, at the in- Senate would do well to listen. Corps centers already announced, and stigation of the People’s Republic of I ask that the article be printed in China, James Peng, an Australian cit- the RECORD. for which communities across the The article follows: country have expended funds and re- izen, was arrested by Macau police and [From the Washington Post, Apr. 5, 1995] sources and funding for the promised deported to Shenzen in Guandong Prov- FOR THE RECORD environmental cleanup of military ince. Mr. Peng’s offense was that he (By Vinko Cardinal Puljic) bases. won a legal battle to retain control of I, like so many in Bosnia-Herzegovina, am One of the great disappointments on his company, a Sino-foreign joint ven- astonished and bewildered . . . at the inter- this bill was the defeat of the Mikulski ture listed on the Shenzen stock ex- national community’s indifferent, half- amendment by a vote of 68 to 32. change. Another businessman, Zhang hearted, inconsistent and ineffectual re- The Mikulski amendment would have Guei-Xing, who holds an American sponse to aggression and ‘‘ethnic cleansing.’’ restored funds for a number of impor- green card, was jailed under horrific Not only has [it] not acted decisively, it has tant national programs such as the even contributed to the ethnic division of conditions in a detention camp in Bosnia and has legitimized aggression by housing program, and also would have Zhengzhou for 21⁄2 years. A Miami busi- failing to uphold basic moral and legal funded the EPA Center in Bay City, the nessman, Troy McBride, has been de- norms. CIESIN facility in Saginaw, and an- tained in Anhui province since mid- If the principles of peace and international nounced Job Corps centers in nine cit- March, his passport confiscated, be- justice are buried in the soil of the Balkans, ies across the country, including Flint. cause of a commercial dispute. In the Western civilization will be threatened. . . . I have already begun discussions with I am convinced that there are moral means People’s Republic of China today, eco- to thwart immoral aggression. The inter- colleagues in an effort to restore some nomic disputes have become economic national community must have the will to of these cuts in conference between the crimes. Arrests, detention, and harass- use the means available to it to protect House and the Senate.∑ ment of businessmen are just one more threatened populations, to encourage demili- f business practice. The ultimate goal is tarization and to establish other conditions U.S.-HONG KONG POLICY ACT a settlement involving the surrender of necessary for progress toward peace. The so- lution cannot be simply to give up and with- REPORT property or other assets—in effect, a draw. If the United Nations and the inter- ∑ Mr. MACK. Mr. President, the March ransom payment. national community do not now have effec- 31, 1995 report required by the U.S.- Hong Kong’s Independent Commis- tive means to respond to the humanitarian Hong Kong Policy Act made some use- sion Against Corruption [ICAC] reports crisis in Bosnia and elsewhere—and it is ful contributions to the historical clear that they do not—then nations have a sharp increase in corruption com- the responsibility to take the steps nec- record of Hong Kong’s transition from plaints as the People’s Republic of essary to develop more effective inter- a dependent territory of the United China and Hong Kong markets become national structures. Kingdom to a special administrative more intertwined. The People’s Repub- This is not a religious conflict, but some region of the People’s Republic of lic of China’s treatment of business- would misuse religion in support of ethnic China. The report correctly assessed men, the absence of the rule of law, and division and extreme nationalism. Therefore, Governor Patten’s highly touted legis- as a religious leader, I believe I have a spe- the insidious spread of corruption from cial responsibility to stand beside those who lative reforms as modest. the mainland to Hong Kong, must be The account given of threats to press are victims of injustice and aggression, re- included in future U.S.-Hong Kong Pol- freedoms was also important, in light gardless of their religious, ethnic or national icy Act reports. identity. I also believe that, even though a of the People’s Republic of China’s re- just peace seems far off, religious and other cent actions against Hong Kong and The report’s recognition of the lack leaders must not wait for an end to war to other journalists. While the report in- of progress and even stalling on rule of begin the daunting task of reconciling deep- cluded the case of Xi Yang, the Hong law issues within the joint liaison ∑ ly divided communities. Kong reporter imprisoned inside main- group is also important. However, the f land China for ‘‘stealing state financial report should have acknowledged that THE SUPPLEMENTAL secrets,’’ it would have been appro- the role the joint liaison group has as- APPROPRIATIONS BILL priate for the report to have included sumed in this transition period is con- ∑ Mr. LEVIN. Mr. President, last the detail that the secrets were trary to the terms of the joint declara- night, I voted for final passage of the planned increases in interest rates and tion, which expressly states that the supplemental appropriations bill. the sale of gold. joint liaison group is ‘‘not an organ of

VerDate Aug 31 2005 04:51 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S07AP5.REC S07AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5558 CONGRESSIONAL RECORD — SENATE April 7, 1995 power.’’ Under the joint declaration’s hostility to independent and demo- hour be deemed to have expired, and terms, Great Britain has the authority cratic government institutions after the time for the two leaders be re- to govern Hong Kong until June 30, 1997 is an argument for moving full- served for their use later in the day; 1997. speed ahead with a human rights com- that there then be a period of morning The People’s Republic of China’s ma- mission and other institutional re- business until 1 p.m., with Senators nipulation of the joint liaison group is forms, not for backing off. permitted to speak for up to 5 minutes part of the People’s Republic of China’s Also missing from the report was any each. 10-year pattern of reneging on its com- mention of Great Britain’s failure to The PRESIDING OFFICER. Without mitments under the joint declaration. report on human rights in the colony objection, it is so ordered. Notwithstanding the recent public re- according to its obligations under the f lations tour through the United States International Covenant on Civil and by Lu Ping, Beijing’s top Hong Kong Political Rights. PROGRAM official, the People’s Republic of China As 1997 draws near, there will be a Mr. GORTON. Mr. President, at the has repeatedly displayed its contempt greater need for accurate and timely hour of 1 p.m., it will be the intention for the joint declaration. Five years reporting on developments in Hong of the majority leader to proceed to the ago this week, in April 1990, Beijing Kong. There is also a need for a clearer consideration of H.R. 956, the product codified significant deviations from the recognition of the implications of the liability bill. For the further informa- joint declaration in the basic law, the People’s Republic of China’s behavior tion of all Senators, the Senate will so-called miniconstitution for post-1997 for the people of Hong Kong. I look for- begin the product liability bill at that Hong Kong that Beijing wrote and ward to future reports and hope that, point but no votes will occur before 3 rubberstamped in its National People’s in the intervals between reports, my p.m. on Monday. Congress. The basic law subordinates colleagues in the United States. Con- the Hong Kong Legislature to the Bei- gress and other friends of Hong Kong f jing-appointed executive, and assigns will pay close attention to the state- ORDER FOR RECESS UNTIL the power of judicial interpretation to ments and actions of the Beijing and MONDAY, APRIL 24, 1995 the standing committee of the Na- Hong Kong governments. Above all, Mr. GORTON. Mr. President, if there tional People Congress rather than to there must be more attention to the is no further business to come before Hong Kong’s judges. The basic law’s voices and concerns of the Hong Kong the Senate, I now ask unanimous con- provisions on the legislature may be- ∑ people. sent that following my own remarks, come moot however, since the People’s f the Senate stand in adjournment under Republic of China has promised or the provisions of House Concurrent threatened to dismantle the Legco and IMPACT AID Resolution 58. Hong Kong’s two other tiers of govern- ∑ Mr. SPECTER. Mr. President, last The PRESIDING OFFICER. Without ment. night we completed action on H.R. 1158, objection, it is so ordered. Beijing also threatens to abolish the the supplemental appropriations and Bill of Rights, enacted by the Legco in rescissions for fiscal year 1995. I wanted f 1991 in reaction to the Tiananmen to briefly discuss one provision in- ORDER FOR RECORD TO REMAIN Square Massacre, and over the objec- cluded in the leadership amendment OPEN tions of the Hong Kong government. adopted last evening to restore funding Finally, a high official of the Chinese for impact aid. As my colleagues know, Mr. GORTON. I ask unanimous con- supreme court has suggested that Bei- the Impact Aid Program is designed to sent that the RECORD remain open jing will replace Hong Kong’s common provide aid to assist communities until 2 p.m. today for the introduction law system, which is synonymous with which have significant Federal pres- of bills and statements. individual rights and the rule of law ence in meeting education objectives. The PRESIDING OFFICER. Without within a civil law system. China’s own Specifically, this funding is important objection, it is so ordered. civil law system is explicitly subordi- to Hatboro-Horsham school district in f nated to the Communist Party. eastern Pennsylvania. My colleague, ACCOMPLISHMENTS OF THE 104TH The status of plans for establishing a Senator SANTORUM, and I have heard CONGRESS high court before 1997 is cause for con- from the local school district regarding cern as well, and here the report’s brief this funding. Mr. GORTON. Mr. President, I wish treatment of the issue is troubling. The I am aware of the importance of this briefly to add my reflections on the ac- details of a Court of Final Appeal, to funding to other areas of the country. complishments of this Congress and es- replace the Privy Council in London, as In particular, I want to note the efforts pecially of our colleagues in the House the territory’s highest court were of my friend and colleague from South of Representatives during this first 100 agreed to in the joint declaration. The Dakota, Senator PRESSLER, to preserve days of that historic Congress. U.S.-Hong Kong Policy Act report mis- the impact aid funding. He personally The new leadership of the House of takenly accepts the 1991 agreement be- told me of the adverse effect of the pro- Representatives made certain commit- tween the British Government of Hong posed rescission would have on a num- ments, ambitious commitments to the Kong and China as a basis for the Hong ber of South Dakota schools, including people of the United States in the Kong government’s legislation imple- the Pollock school district in northern course of last year’s campaign covering menting the court. The 1991 agreement South Dakota. I commend Senator a number of vitally important subjects explicitly violates the joint declaration PRESSLER for his leadership and for to the people of the United States. and basic law. Accordingly, democratic looking out for the educational inter- Those commitments were repeated legislators plan to amend it to bring it ests of South Dakota schools, students, after the election was over. Those com- into accord with the joint declaration. and families.∑ mitments have been kept to the letter I was surprised and disappointed that f by our colleagues in the House. the report did not address two matters I believe that this remarkable record of tremendous significance in this tran- ORDERS FOR MONDAY, APRIL 24, of achievement has created a distinct sition period and to post-1997 Hong 1995 resonance on the part of the American Kong. First, the report omitted any Mr. GORTON. Mr. President, when people whose opinion of Congress, ex- discussion of the Patten government’s the Senate completes its business tremely low as recently as 6 months rejection of proposals by Hong Kong’s today, I ask unanimous consent that it ago, has at least begun to recover. Per- democrats for an official human rights stand in adjournment, and on Monday haps more significant in the long run commission. Over the next 27 months, April 24, 1995, at 12 noon, following the will be the content of the 100 days’ the commission cold define a human prayer, the Journal of proceedings be promises, dramatic changes in the way rights standard against which to judge deemed approved to date, no resolu- in which Congress does its business, a the Hong Kong SAR government. The tions come over under the rule, the call very real attack on the problem of vio- People’s Republic of China’s expressed of the calendar be waived, the morning lent crime in our society, a major step

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A TRIBUTE TO THE ROTARY CLUB the suffering of women and their families Mr. Speaker, I know my colleagues join me OF MARYSVILLE serves as a healing process for the abused in commending Reverend Pham on this spe- and as an educating tool for our communities. cial day. He has led an outstanding life of HON. VIC FAZIO Through this medium, nationally, public aware- service and devotion not only to his church, OF CALIFORNIA ness of domestic violence has grown since the but to his community as well. I want to take IN THE HOUSE OF REPRESENTATIVES Clothesline Project last came to Washington. this opportunity to let Reverend Pham know In 1994, Congress enacted the Violence the community he serves is most grateful for Thursday, April 6, 1995 Against Women Act as part of the omnibus his friendship and service. Mr. FAZIO of California. Mr. Speaker, I rise crime bill. This legislation combined stricter f today to pay tribute to the 75th anniversary of penalties for domestic violence crimes with the Rotary Club of Marysville, CA. Founded in funding for programs to combat violence IN RECOGNITION OF DR. SAM against women. While harsh sentences and 1920, the Rotary Club of Marysville has been SCHAUERMAN a strong leader in encouraging and fostering new financial resources comprise a new com- community service in the Yuba-Sutter area. mitment on the part of Congress to combat This club has reached out to a wide variety this war on women, they are obviously not HON. JANE HARMAN of people, including business leaders, children, enough to stop the bloodshed. This is why the and the elderly. The Rotary Club of Marysville Clothesline Project is so critical. OF CALIFORNIA has contributed both financial and moral sup- While I hope for a day when we will no IN THE HOUSE OF REPRESENTATIVES longer need T-shirts to heal the abused, I ap- port to thousands of local organizations rang- Thursday, April 6, 1995 ing from youth soccer to Habitat for Humanity. plaud the success of the Clothesline Project at Throughout its long history of community serv- helping raise public awareness about the trag- Ms. HARMAN. Mr. Speaker, I rise today to ice, the Rotary Club has promoted high ethical edy of domestic violence. recognize the work of an educational leader standards for the business and professional f from my congressional district, Dr. Sam community. Schauerman, who is retiring after 7 distin- CONGRATULATIONS TO REV. But the focus of the Rotary Club is not lim- guished years as president of El Camino Col- JOSPHTAN T. PHAM ited to local groups. This club has lived up to lege in Torrance, CA. He devoted his profes- its goal of fostering understanding and good- sional career to the college, starting in 1965 will among people of different nations as well HON. THOMAS J. MANTON as dean of physical science and then serving as its closer neighbors. Through the Rotary OF NEW YORK as vice president of instruction before taking International Foundation, the Rotary Club of IN THE HOUSE OF REPRESENTATIVES office as the college's president in 1987. Marysville has been a vital participant in the Thursday, April 6, 1995 El Camino College serves 25,000 students, Polio Plus Campaign. This program has pro- Mr. MANTON. Mr. Speaker, I rise today to granting associate degrees in arts and vided crucial funding and services for the fight honor Rev. Josphtan T. Pham on the silver ju- sciences, and providing an Honors Transfer against polio in third world countries. bilee of his ordination to the holy priesthood. Program for students who choose to continue Mr. Speaker, I ask my colleagues in the In this often all too materialistic and selfish so- at area universities. It also offers numerous House of Representatives to join me in cele- ciety, it is reassuring to see that there are still special and innovative programs, such as the brating the long history of achievement of the those who dedicate their lives to serve others. Puente Project for Hispanic students, Project Rotary Club of Marysville on its 75th anniver- Reverend Pham is a resident at the Our Lady Success for African-American students, a child sary. I commend its membership's commit- of Mount Carmel Church located in Long Is- development center, and an extensive arts ment to community service, and wish them land City in the Seventh Congressional District program. I recently had the opportunity to tour continuing goodwill. of New York, which I have the pleasure of rep- the Workplace Learning Resource Center, f resenting. which works with area business and industrial On September 15, 1944, Reverend Pham partners to create customized workplace lit- STOP THE WAR ON WOMEN was born in North Vietnam where he lived eracy courses directed to specific technical re- until he was 10. Soon after, he moved to quirements. This effort will effectively help HON. GERRY E. STUDDS South Vietnam as a refugee. He entered St. business in the South Bay become more suc- OF MASSACHUSETTS Paul's Minor Seminary located in Saigon in cessful, by providing it with a workforce IN THE HOUSE OF REPRESENTATIVES 1957. In 1963, Reverend Pham entered St. equipped with the skills needed for today's and tomorrow's competitive environment. Thursday, April 6, 1995 Joseph's Major Seminary where he studied philosophy and theology. Dr. Schauerman was first and foremost de- Mr. STUDDS. Mr. Speaker, I rise today to Mr. Speaker, on April 30, 1970, Reverend voted to maintaining the highest quality of pro- commend the Clothesline Project. Pham was ordained a priest in his home par- grams at the school, and he succeeded even Five years ago, after several Cape Codders ish. In the autumn of that same year, he was during times of lean finances and economic had been assaulted by people they loved and sent to Rome to study canon law. Five years austerity. He also focused his energies on ex- trusted, they aired their dirty laundry. later, in 1975, he was awarded a doctorate panding the relationship between the college These women gathered in 1990 to create degree in canon law by the Urbanianum Uni- and the community, through his participation the Clothesline ProjectÐa clothesline of 31 in- versity in Rome. and leadership in groups such as the YMCA, dividually-crafted T-shirts bearing witness to One year later, in 1976, Reverend Pham Methodist Church, Private Industry Council, violence each of them had experienced. began his life in New York in the diocese of Torrance Chamber of Commerce, and Ro- After the initial showing of the Clothesline at Brooklyn. While in New York, he continues to taryÐboth as president of the Del Amo Rotary a Take Back the Night Rally in Hyannis, MA, touch the lives of so many people not only as and as district governor. it grew quickly and grimly. A year later, I was a priest, but a friend and confidant. In addition, In addition, Dr. Schauerman brought to the proud to welcome the line, which then had he has been active in the Vietnamese commu- college a new system of shared governance over 1,000 shirts, to Capitol Hill. The display nity, helping out with issues pertaining to mi- so to allow all those at the school to have a has now grown internationally to 35,000 gration and refugees voice in the decision-making process. He shirtsÐa sign that, while we are finally begin- Mr. Speaker, in 1978, Reverend Pham was began a college council, with representatives ning to come to terms with these physical and transferred to the parish of St. Jua of Brooklyn of the faculty, support staff, students, and ad- psychological scars, this is a tragedy of enor- as a parochial vicar. Today, he is settled at ministration and guided its development into mous proportions. the parish of Our Lady of Mount Caramel an effective voice for local control. These numbers are devastating, yet the where he has resided since 1983. In 1984, he The departure of Dr. Schauerman will leave work of the Clothesline Project ensures that was incardinated to the diocese of Brooklyn. a real void at El Camino College, but I am

∑ 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 816 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 sure that he will continue to make significant Marine weather forecasting is provided to aging non-Indians to participate, thus increas- contributions to the South Bay. I salute this private yacht clubs. The Government should ing multi-cultural understanding. community leader and wish him well in his re- not be in the business of subsidizing luxury Mr. Speaker, I take pride in recognizing the tirement. boating. 18th annual St. Thyagaraja Music Festival. I f Mr. Speaker, in order to make the large also take this opportunity to commend Profes- budget cuts we need to balance our budget, sor Tuttle and the Cleveland State University DOWNSIZING THE WEATHER we must start with small steps. This legislation family for their strong support of this important SERVICE is a small but very significant step in the effort. I am certain that the festival will be downsizing of the Federal Government, and I great success. HON. TIM ROEMER hope our colleagues will join Mr. KLUG, Mr. f OF INDIANA CHRYSLER, and me in supporting this bill. IN THE HOUSE OF REPRESENTATIVES f STATEMENT FOR THE INTRODUC- TION OF LEGISLATION ON Thursday, April 6, 1995 SALUTING THE ST. THYAGARAJA AWARD OF THE PURPLE HEART Mr. ROEMER. Mr. Speaker, Mark Twain MUSIC FESTIVAL once said ``Everybody talks about the weather, but nobody does anything about it.'' We are HON. LOUIS STOKES HON. BOB STUMP here today to do something about it. OF OHIO OF ARIZONA Congressman KLUG and I are introducing a IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES bill today to privatize those functions of the Thursday, April 6, 1995 National Weather Service that duplicate pri- Thursday, April 6, 1995 vate sector activities. I am also pleased that Mr. STOKES. Mr. Speaker, in just a few Mr. STUMP. Mr. Speaker, today I am intro- days, on April 15, 1995, the city of Cleveland, Congressman CHRYSLER has signed on as the ducing legislation to provide for the award of OH, will begin the 18th annual celebration of first cosponsor. the Purple Heart to certain former prisoners of the St. Thyagaraja Music Festival. The 6-day This is simple, basic legislation. The bill war. My distinguished colleagues, SONNY event is being held at Cleveland State Univer- eliminates the specialized functions of the MONTGOMERY, DAN BURTON, JIM TRAFICANT, sity in cooperation with the university's Indian Weather Service that are duplicative of private and MIKE BILIRAKIS join me in introducing this cultural studies program. I take pride in wel- sector efforts. This legislation will codify lan- bill. It provides for award of the Purple Heart coming the St. Thyagaraja Musical Festival to guage in the President's fiscal year 1996 to persons held as prisoners of war before my congressional district. I am pleased to budget request, and support of the administra- April 25, 1962, on the same basis as persons share with my colleagues and the Nation tion is expected. held as prisoners of war after that date. some important information regarding the fes- It is also the right approach to downsizing Now, only former prisoners of war from the tival. Government. Examine a program for merit: The Thyagaraja Music Festival has a rich Vietnam and Persian Gulf wars are eligible to keep what you need, eliminate the rest. We heritage that can be traced to the immigration receive the Purple Heart for injuries received are using a scalpel approach instead of a of Asian Indians to the Greater Cleveland area at the hands of the enemy while in captivity. hatchet. in the 1960's. As Indians immigrated to Cleve- This is because on April 25, 1962, President The bill also codifies the Weather Service land, they maintained their cultural and reli- John F. Kennedy signed Executive Order Policy Statement of 1990, which will prohibit gious ties. The Thyagaraja Festival offers a 11016 to ensure that U.S. prisoners of war them from competing with the private sector. musical homage to the saint-composer, Sri would be eligible to receive the Purple Heart The Weather Service will continue their core Thyagaraja. Thyagaraja, who lived during the for injuries received as prisoners of war, or if functions: weather forecasting to the general same period as Beethoven, is one of the most ill-treatment resulted in death. public, and issuing warnings of severe weath- skilled and best known Indian composers. The Unfortunately, the Executive order has not er and destructive natural events such as hur- first Cleveland Thyagaraja Festival was held been applied retroactively. Among other rea- ricanes, tornadoes, floods, and tsunamis. on April 8, 1978. A group of 75 individuals as- sons, the Department of Defense felt that a The following functions are ended under the sembled in the basement of Faith United retroactive award of the Purple Heart would bill: services in support of aviation, marine ac- Church of Christ in Richmond Heights, to sign contradict the decisions made by past military tivities, agriculture, forestry, and other weath- Thyagaraja's ``Five Gems of Songs.'' leaders who thought that injuries incurred er-sensitive activities. The approximate sav- Mr. Speaker, over the years the Thyagaraja while a prisoner of war during those actions ings are listed below, in annual costs: Festival has grown in size and scope. Festival were the result of war crimes, and not the re- [Millions] organizers were able to foster a close working sult of legal acts of war. While I respect the Fruit frost/agricultural forecasting ... $2.3 prevailing reasons for these judgments at the Fire weather forecasting ...... 5 relationship with Dr. T. Temple Tuttle, who Dissemination of weather charts (Ma- serves as director of the Indian cultural studies time they were made, I believe it is of over- rine facsimile service) ...... 5 program at Cleveland State University. Under riding importance to bestow this much-de- Marine weather forecasting ...... 2.0 the leadership of this distinguished individual, served recognition retroactively upon those in- Regional climate centers ...... 3.2 dividuals who suffered in so many ways as a Aviation ...... 4.1 for the past 16 years, the Thyagaraja Festival has been held at Cleveland State. Last year, result of their willingness to defend all that we Total ...... 12.6 more than 2,000 individuals attended the fes- hold sacred. In addition, a number of the duties of the tival. They came from across the United Differentiating among American prisoners of Data information services network could be States, and as far away as Canada, Europe, war on the basis of a date is a grave injustice privatized. Data services has an annual budg- India, Hong Kong, and Singapore. to those men and women prisoners of war et of $36.6 million, another source of substan- This year, the Cleveland Thyagaraja Fes- from World War I, World War II, and Korea. tial potential savings. tival will welcome 22 artists from India. In ad- The inhumane treatment they often endured at Following are a few examples of why this is dition, the festival will include music competi- the hands of the enemy ranged from physical good legislation: tions in Vocal, Veena, Violin, and Mridangam. and psychological torture to starvation and The Government provides frost forecasting Another highlight of the festival is the essay- even execution. for such giant conglomerates as Sunkist and writing competition based on the theme, Both the Bush and Clinton administrations Dole, who could easily pay for it themselves. ``What The Cleveland Festival Means To Me.'' have been urged on a bipartisan basis to rec- The airlines all have meteorologists on staff, Despite its great expansion, the Thyagaraja tify this injustice by executive action and noth- who duplicate the services that the Weather Festival has kept to its basic purposes: re- ing has been done. Now, on a bipartisan Service provides to airlines and FAA. membering the great composer, Thyagaraja, basis, we are introducing this legislation. The The Weather Service sent a team of mete- by the performance of his works; maintaining award of the Purple Heart to these former orologists to assist the Olympic Committee broad-based participation of amateur devo- prisoners of war would serve as a reminder to events coordinators to establish event sched- tees; encouraging children to keep the Indian Americans of all ages of the sacrifices made ules at taxpayer expense. There are a number classical music traditions strong; providing in- by its military men and women in service to of private U.S. weather companies that could spirational professional concerts and delicious their country. have provided this service. south Indian food without charge; and encour- April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 817 IN TRIBUTE TO DR. BOSHRA rate problems stemming from the U.S. Postal the Clinton Administration’s stated policy. MAKAR ON HIS RETIREMENT AS Service policy that prohibits the users of com- But it does conflict greatly with the views A PROFESSOR AT ST. PETER’S mercial mail receiving agents [CMRA's] from contained in the Contract with America and COLLEGE IN JERSEY CITY, NJ submitting a standard change of address form with the views of those in Congress who ad- vocate budget-cutting at the expense of the to expedite routine mail delivery service. poor and needy—at home and abroad. It is HON. ROBERT MENENDEZ In nearly all cases when an individual one thing to call for a balanced budget OF NEW JERSEY changes residency, the U.S. Postal Service fa- amendment to the Constitution; it is an- IN THE HOUSE OF REPRESENTATIVES cilitates prompt and accurate mail delivery by other to try to achieve such an amendment encouraging the postal customer to file a mail with the unbalanced policy of targeting poor Thursday, April 6, 1995 forwarding change of address form. Atypically, and working families. Mr. MENENDEZ. Mr. Speaker, I rise today when a CMRA customer relocates, that indi- FALL OF COMMUNISM to pay tribute to Dr. Boshra Makar, as he re- vidual is responsible for informing all potential tires from his position as professor at Saint Working towards common goals was also mailers of any change of address. This policy true in the case of the birth of democratic Peter's College in Jersey City, NJ. Dr. Boshra creates delays and may exacerbate mail fraud movements in Eastern Europe. The Catholic Makar is an exceptional human being who has as testimony has shown that the first line of Church in general and Pope John Paul II in dedicated 48 years to teaching students defense against fraud is accurate information particular were instrumental, through work around the world. He is a pioneer in his field regarding postal addresses. and example, in demonstrating the illegit- of mathematics and his work has been widely Current policy is contradictory to the Postal imacy of the communist regimes. The U.S. recognized. Service's charge to ensure prompt, accurate and the Vatican worked together to support Dr. Boshra Makar was the youngest grad- mail delivery service. This important legislation nonviolent opposition groups such as Po- uate of his class and graduated No. 1 from will benefit all parties in this particular mail de- land’s Solidarity. Soviet President Gorba- Cairo University in 1947. He received a fellow- chev has said the Pope was the most impor- livery chain: the U.S. Postal Service, the tant cause of the fall of communism. It was ship and began to teach at Cairo University CMRA's, and most importantly, the postal cus- remarkably perceptive and visionary of the while he was studying for his masters in math- tomer. College of Cardinals to elect Karol Wojtyla ematics. In 1995 he received his Ph.D. in f of Poland, who had lived and worked under mathematics. communism in his native land. I personally Throughout his 48-year teaching career, Dr. THE EMBASSY’S 11 YEARS OF saw the moral influence of Pope John Paul II Boshra Makar has spent time visiting, and WORKING WITH THE HOLY SEE at the height of political instability in East- teaching in universities around the world in- ern Europe. I attended Catholic Church serv- cluding Egypt, Russia, and Lebanon. In 1962 HON. THOMAS J. MANTON ices with outlawed Solidarity workers at St. he was invited to attend a scientific exchange Brigid’s Church in Gdansk and at the Lenin OF NEW YORK shipyards when a letter of support and en- program at Moscow University. After teaching IN THE HOUSE OF REPRESENTATIVES couragement sent by the Pope inspired peo- in Moscow, he spent several years teaching in Thursday, April 6, 1995 ple throughout the church and country. Lebanon at the American University of Beirut. Pope John Paul kept the Solidarity move- He then migrated to the United States to teach Mr. MANTON. Mr. Speaker, I rise today to ment alive, which led ultimately to the fall at Michigan Technological University. In 1967, share with my colleagues some thoughtful re- of communism in Poland and inspired other Dr. Boshra Makar moved to Jersey City to marks delivered by my friend, the Honorable Eastern bloc countries to move towards de- teach graduate and undergraduate students at Raymond L. Flynn, the United States Ambas- mocracy. Saint Peter's College. sador to the Vatican. Another example of convergence in policy He has not only distinguished himself as a In this excerpt of a recent speech delivered goals was in the arena of human rights and religious freedom. The Holy See, as a full teacher, but as a scholar. Dr. Boshra Makar by the Ambassador he discusses the impor- tant relationship between the Vatican and the member of the Helsinki Process, drafted the has published over 20 research papers in language on religious freedom that set the leading mathematical journals throughout the U.S. Embassy to the Holy See. The Ambas- benchmark against which the failings of to- world. He has published articles in prestigious sador eloquently describes the role morality talitarian regimes could be measured. journals such as the Bulletin des Sciences and a humanitarian spirit should play in the The Embassy worked with the Vatican on Mathematiques in Paris, and for the American United States international policy. I urge my several aspects of the crises in Central Amer- Mathematical Society. Dr. Boshra Makar has colleagues to read Ambassador Flynn's re- ica during the 1980’s. When Panamanian written research papers in the fields of func- marks and consider the special role that be- strongman Gen. Noriega took refuge in the papal nuncio’s residence on Christmas Eve tional analysis, complex variables, algebra, lievers of all faiths can play in ensuring our world becomes a better place. 1990, the Embassy negotiated his departure. and cryptology. The Embassy had the unique opportunity Dr. Boshra Makar's accomplishments have THE EMBASSY’S 11 YEARS OF WORKING WITH to be involved with peacemaking in 1990–92 been acknowledged in numerous reference THE HOLY SEE when it acted as observer and facilitator at works such as Who's Who in the World, While the initiative on humanitarian aid the Rome talks between the two warring fac- Who's Who in America, Who's Who in the delivery is new, it is not out of character tions in Mozambique. The talks concluded East, Who's Who in Education, Who's Who in with the close cooperation between the U.S. successfully with a cease-fire in October 1992. and the Holy See since formal diplomatic re- Technology, and Personnage Contemporanei The Embassy has recently followed the Al- lations were established in 1984. gerian national reconciliation talks which (Academia Italia). He has touched many lives In the eleven years of full diplomatic rela- were held in Rome involving the main Alge- with his dedication and commitment to schol- tions, the U.S. Embassy to the Holy See has rian opposition parties. This process has a arly pursuits. actively pursued U.S. foreign policy goals by real chance to achieve peace in a country Dr. Boshra Makar is truly an outstanding cit- working closely with the Vatican on politi- where thousands have already died in fight- izen, and I am very proud to have him living cal, economic, and social concerns, The U.S. ing. and working in my district. His contributions has worked closely with the Vatican on the HISTORIC CATHOLIC-JEWISH ACCORD will be remembered through his publications, UN population conference in Cairo to produce a workable final document. We pur- Our Embassy has been particularly active which will inspire future mathematicians. Even sued our joint goals of sustainable and equi- in furthering U.S.-Holy See cooperation on a though he is retiring from teaching at Saint table development at the Copenhagen con- number of issues. At the direction of Presi- Peter's College I know he will remain an ac- ference on social development held at the be- dent Clinton, we actively pursued establish- tive citizen, and scholar. Please join me in ginning of March. At the conference, Hillary ing full diplomatic relations between the wishing Dr. Boshra Makar a happy retirement. Rodham Clinton made a strong appeal to the Holy See and Israel; this historic achieve- f world community not to forget the most bla- ment was accomplished in 1993. I met exten- tant victims of poverty in society today, sively with Israeli political and religious of- POSTAL ADDRESSES women and children. The same compas- ficials in the cause of furthering Christian- sionate appeal was delivered to the con- Jewish and Vatican-Israeli understanding. ference on behalf of Pope John Paul II by At the same time, I keep close contact with HON. DON YOUNG Monsignor Diarmuid Martin, the Catholic the Catholic hierarchy that represents Leba- OF ALASKA Church representative at the conference. The nese and Palestinian peoples and others who IN THE HOUSE OF REPRESENTATIVES Catholic Church’s view of what needs to be do not yet feel full partners in the Middle Thursday, April 6, 1995 done to alleviate the suffering, pain, and East peace process. Holy See-Israel relations lack of development in the Third World is, was the first topic President Clinton raised Mr. YOUNG of Alaska. Mr. Speaker, today for the most part, not in conflict with what with the Pope at their first meeting in Den- I rise to introduce legislation that will amelio- Mrs. Clinton told the conference nor with ver in August 1993. During their discussion, E 818 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 the President highlighted three important business from diplomacy has been a hall- Tittmann. He lived with his wife and two outcomes of Holy See-Israel relations: they mark of American governmental dealings sons in a small apartment within the Vati- would help to further the peace process in with the Vatican ever since. can until Rome’s liberation in June 1944. In the Middle East; show that two great reli- Until 1870, the Pope was also the temporal addition to covering the Pope’s efforts on be- gious faiths can bury centuries of misunder- ruler of the city of Rome and much of half of peace and refugees, Charge´ Tittmann standing and work together; and deal a blow central Italy. Washington maintained con- and his British colleague quietly aided many to anti-Semitism around the world. These sular and diplomatic relations with the escaped Allied soldiers and airmen who achievements are all in U.S., as well as Vati- Papal government and in 1848 sent a charge sought refuge in Rome. can, interest. d’affaires to head a legation. The mission Myron Taylor resigned as Special Envoy in Humanitarian issues have always been was closed at the end of 1867 when Congress, 1950 and President Truman nominated Gen. prominent in my work at the Vatican, since fired by anti-Catholic sentiment, voted Mark Clark, the liberator of Rome, as his they are extremely important both to the gainst funding it. In 1870, the King of Italy successor, but with the title of Ambassador. U.S. and the Holy See. In November 1993, I conquered Rome and the Pope withdrew in- That caused such a strong reaction among traveled to central Africa to visit AIDS hos- side the Vatican walls. some of America’s Protestant denominations pitals in Uganda and relief workers in Sudan, There were no formal diplomatic links be- that the nomination was withdrawn. The and stayed with humanitarian representa- tween the Vatican and Washington until practice of nominating a special presidential tives in Somalia. Over the past many 1939. During that time, any business that representative to deal with the Vatican was months, my travels have taken me to such arose, such as when President Harding en- not resumed until President Nixon appointed wide-ranging places as Haiti to meet with couraged the Pope to establish an American Henry Cabot Lodge, former Senator and Re- Catholic Church and business leaders and Catholic parish in Rome, was handled publican nominee for Vice President, in 1969. Paris to meet with President Jean-Bertrand through the Vatican’s apostolic delegate in President Carter named David Walters envoy Aristide. In April 1994, I was in Sarajevo and, Washington or through the American hier- in 1977 and later named former New York in September 1994, visited Croatia and saw archy. Mayor Robert Wagner, Jr., in 1978. firsthand the devastation of the former POPE LEO XIII AND FDR: UNSPOKEN TIES It was President Reagan’s Special Rep- Yugoslavia. While in Sarajevo, I met with President Franklin D. Roosevelt made the resentative, William Wilson, who worked Muslim, Jewish, and Catholic Church lead- first steps towards reestablishing diplomatic ceaselessly to have the mission to the Holy ers. I put the issue of religious freedom in links when he sent Joseph Kennedy as his See upgraded to Embassy status. Times had Asia on the agenda for a meeting in Rome personal representative to the coronation of changed and there was little opposition when between Secretary of State Warren Chris- Pope Pius XII in 1939. Roosevelt, as much as full diplomatic relations were established be- topher, National Security Advisor Tony any president, knew the invaluable nature of tween the United States and the Holy See in Lake, Cardinal Angelo Sodano, and Arch- strong ties to the Vatican, both diplomati- January 1984. Ambassador Wilson was suc- bishop Jean-Louis Tauran. cally abroad and politically at home, includ- ceeded in 1986 by Ambassador Frank Shake- OPEN DOOR DIPLOMACY ing the Vatican’s important role in efforts to speare, and in 1989 by Ambassador Thomas P. Another aspect of our work at the Vatican avert war and assist refugees and other dis- Melady. While some may be unclear as to the occurs outside the office and involves reach- placed people. President Roosevelt was nature of Vatican-United States relations, it ing out to groups across the religions spec- aware of papal encyclicals such as Rerum is very clear to U.S. Presidents, Republicans Novarum by Pope Leo XIII in 1891, which had trum. During my time in Rome, I have and Democrats alike. such a profound impact on the rights of hosted at the Ambassador’s residence a working men and women in the United NEW HOME FOR VATICAN EMBASSY group of black Baptists, various Jewish States. Former FDR aide and Postmaster On November 9, 1994, the U.S. Embassy to groups, a Catholic-Mormon choir from Salt General James Farley once told me that the Holy See dedicated its new chancery on Lake City, Muslims from Egypt, prominent President Roosevelt was guided by this his- Rome’s historic Aventine Hill. The building, Cardinals, and a great number of Italian and toric encyclical when crafting his ‘‘New built as a private home in the 1950’s, has American church leaders. This Embassy is in Deal’’ social and economic programs during been completely refurbished to house offices a prime position to show the importance to the great depression. appropriate to the Embassy’s important and the U.S. government of all religious and be- President Roosevelt began dealing with the unique mission. It has a commanding view of liefs, and I have actively pursued that role in Holy See through various channels, includ- the Circus Maximus and the ruins of the pal- Rome. The Embassy actively supported the ing an American monsignor on the Pope’s aces of Augustus and Septimius Severus. historic Holocaust remembrance ceremony staff. That October, the President discussed Livy claimed that Remus stood on this spot held at the Vatican in 1994 which brought to- with Archbishop Spellman of New York the when he challenged Romulus for control of gether for the first time the Chief Rabbi of idea of appointing a ‘‘personal representa- the ancient city. Later, the Emperor Decius Rome, Elio Toaff, the Pope, the Italian presi- tive’’ to the Vatican, thus avoiding the need built public baths on the site; in modern dent, and others to commemorate the Shoah for Senate approval, as would be the case times, the Aventine has been a desirable res- within Vatican City. were an ambassador to be named. Roosevelt idential area which includes several of the The Vatican has an impressive if low-key correctly realized that the Senate, influ- earliest Christian churches, as well as the record in dealing with the most important enced by fears that a Vatican Embassy Priory of the Knights of Malta. issues of social and economic justice on the might get improperly involved in mixing world stage. The U.S. Embassy to the Holy church and state, would oppose appointing SUMMARY: BUILDING FOR THE FUTURE See has worked closely with the Vatican on an ambassador. A personal representative I hope this discussion has given you a bet- these issues, since our goals are the same on was able to do the same things, anyway. ter idea of the important work that the U.S. so many issues. I look forward to continuing Roosevelt announced on Christmas eve and the Holy See carry out together. We are cooperation on the important and critical is- 1939, that he was sending Myron Taylor as able to cooperate on a range of issues be- sues that will confront us in the future. In his personal representative to the Vatican to cause our interests so often coincide. Presi- naming Pope John Paul II its 1994 ‘‘Man of forward ‘‘parallel endeavors for peace and dent Clinton has often told me of the high the Year,’’ Time referred to the Pope as the the alleviation of suffering.’’ Myron Taylor regard he has for Pope John Paul’s judgment world’s foremost defender of human rights. was a former president of U.S. Steel and ac- and leadership. But it is also because of It is thus most fitting that the U.S. should tive in refugee affairs. He was not a Catholic, President Clinton’s judgment and leadership be one of the more than 150 countries with an which alleviated fears by some that he might that we will be able to build on our success- ambassador to him and to the central gov- have mixed loyalties. ful partnership with the Vatican to achieve a ernment of the Catholic Church. Since Taylor’s arrival in Rome in February more just world, one in which humanitarian A BRIEF HISTORY OF U.S.-VATICAN RELATIONS 1940, the United States government has been issues get the attention they deserve. As we look to the future, I always find it a privileged interlocutor of the Vatican. In When we act as a nation in a moral and helpful to keep in mind the past, in this case Taylor’s case, he first began a dialogue on ethical way, practicing the policy of compas- the long ties that have bound the U.S. and Jewish and Eastern European refugees, as sion and inclusion, we are also carrying out the Holy See together. The relationship it- well as on Holy See efforts to prevent a gen- sound policy. We do things best when we do self has over two hundred years of history eral war. This reflected President Roo- the right things. While we don’t always behind it. The first contact was in 1788 when sevelt’s perception of the wide-ranging possi- agree with the Vatican on some important a Vatican official contacted Ben Franklin, bilities in the new Vatican-U.S. relationship. issues, we often work together for the same then the nascent repubic’s representative in When Italy entered the war in June 1940, goals on issues of social and economic jus- Paris. The Vatican wanted to know if the Mussolini’s government forced diplomats ac- tice and humanitarian assistance. U.S. had any objections to the appointment credited to the Holy See to leave Italy. When On March 1, the Pope told me how pleased of John Carroll as first bishop of Baltimore. the U.S. and Italy went to war in December he was to be once again visiting the U.S. in Franklin’s reaction was immediate and un- 1941, it meant the U.S. Mission also had to October. It’s the first time anyone can re- equivocal; the new government guaranteed move into cramped quarters within Vatican member that the Pope and a U.S. President freedom of religion and had no interest in City so it could carry on its work. Special have met with each other in three consecu- the internal affairs of the Catholic Church. Envoy Taylor only visited the Vatican brief- tive years, and this unprecedented series of Rome never asked for approval again, and ly during the war years, but the work was meetings attests to the important open dia- the tradition of strictly separating Church carried on by U.S. diplomat Harold logue we have with the Vatican. The Pope’s April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 819 visit will give the U.S. the chance to develop panels adhered to the proper standard of re- that our rights as a nation to defend industries our relationship even further. It really is a view, and where they did not exceed or abuse and workers from foreign unfair trade practices historic partnership. their authority, no further action will be taken. are not diminished by the new World Trade f But if the Review Commission determines that Organization dispute settlement system. a panel reached an inappropriate result that A BILL TO ESTABLISH A COMMIS- Last year, Congressman HOUGHTON and I amounts to abuse of its mandate, the Com- SION TO REVIEW THE DISPUTE worked together in the Ways and Means Com- mission would transmit that determination to SETTLEMENT REPORTS OF THE mittee and helped secure GATT implementing Congress. Any Member of Congress would WORLD TRADE ORGANIZATION legislation that preserved the effectiveness of then be permitted to introduce a privileged our trade laws against dumping, subsidies, resolution and, if such resolution were en- and other unfair trade practices. These laws HON. AMO HOUGHTON acted, the U.S. Trade Representative would are a critical last line of defense for American OF NEW YORK be required to enter into negotiations to workers and companies facing unfair trade re- IN THE HOUSE OF REPRESENTATIVES amend the WTO dispute settlement rules. strictions. These laws have been on the books Thursday, April 6, 1995 After three determinations of inappropriate de- in one form or another for over 70 years. cisions by dispute settlement panels, any Mr. HOUGHTON. Mr. Speaker, I am joined But writing good laws in the Congress is not Member could introduce a privileged resolution enough. Under the new World Trade Organi- today by my colleague, Mr. LEVIN, in introduc- and, if such resolution were enacted, the Unit- zation, the United States will no longer have ing legislation which will create a process by ed States would be required to withdraw from which the Congress can act to ensure that the the ability to veto an international dispute set- the WTO. tlement decision against us, even if we think new World Trade Organization dispute settle- This bill is very similar to legislation already ment system is not abused by our trading it was wrongly decided. This creates a tremen- introduced in the other body by Senator DOLE partners to undermine U.S. interests. dous temptation for some of our trading part- to implement an agreement he reached last ners who have been disciplined by our trade Late last year, in consecutive special ses- year with the administration to protect against sions, both Houses of Congress passed legis- laws to use the new dispute settlement proc- just such a threat to U.S. sovereignty by the ess to undermine the effectiveness of those lation implementing the new GATT agreement. WTO. It differs only in that it clarifies that it is That agreement establishes a new inter- laws. Many foreign trade negotiators have said the U.S. Trade Representative who is respon- they will attempt to use the WTO to invalidate national body to oversee trade disputes, the sible for negotiations to amend the WTO rules WTO, and gives it unprecedented authority to section 301 or to force certain changes in the if a joint resolution is approved by Congress. way the Department of Commerce enforces enforce the decisions of its dispute settlement It is a farsighted proposal that permits the panels. the antidumping laws. United States to exercise international leader- We have a concrete example in our current During the period leading up to the vote, ship. Through the careful review of WTO deci- many Americans voiced their concerns that negotiations with Japan in the Framework sions by the Review Commission, we will be talks. The Japanese trade minister has threat- this new international organization would un- able to prevent countries who engage in unfair dermine U.S. sovereignty and might harm ened to bring a WTO case against the United trade practices from abusing the role of the States if we impose section 301 sanctions rather than help U.S. interests in global trade. WTO dispute settlement panels. The United I spent a great deal of time and effort in devel- against Japan for its barriers to United States States will be in a position to oversee the op- autos and auto parts. In effect, the Japanese oping the implementing legislation that en- eration of these panels to ensure that any sures that U.S. industries and their workers want to use the WTOÐwhich is supposed to such abuse does not adversely affect U.S. keep markets openÐto keep the Japanese would continue to have remedies available in trade laws and ultimately, American national U.S. law to protect against foreign unfair trade market closed. commercial interests. Mr. Speaker, we cannot allow this kind of practices like dumping and subsidies. While it Another important feature of this bill is the abuse of the WTO. This bill is designed to cre- was not perfect, I supported the final version provision permitting the participation of U.S. ate a fair and impartial process to review WTO of the bill because I believed that on balance private parties in the consultations and panel decisions, and to provide the Congress with a it served the interests of the United States. proceedings. If a U.S. private party with a di- mechanism to bring about changes in the But this does not mean we can now ignore the rect economic interest in a WTO proceeding WTO if it is misused. legitimate concerns raised last year about the supports the U.S. Government's position, then The bill establishes a WTO Dispute Settle- WTO and its new dispute settlement process. the USTR must permit the party to participate ment Review Commission composed of five We must carefully scrutinize the actions of the in the WTO panel process. The USTR must Federal appellate judges, appointed by the WTO and its dispute settlement mechanism in consult in advance with the party before sub- President in consultation with the Congress. order to ensure that our trade laws are not un- mitting written briefs to a panel, include the The Commission will review every decision dermined through improper WTO decisions. party as an advisory member of the U.S. dele- Under the WTO, as under the old GATT, gation dealing with the dispute, and in certain against the United States by a WTO panel. trade disputes will be submitted to inter- instances, permit the party to appear before Where a panel has applied the proper stand- national panels for review. However, unlike the the panel hearing the case. ard of review, and did not exceed or abuse its old GATT system, no WTO member nation will Private party participation is a key aspect of authority, no further action would be war- have the right to block the adoption of a panel this bill. Because the dispute settlement deci- ranted. But if the Commission determines that report, even if that nation considers the panel sions will be binding, it is imperative that a panel reached an inappropriate result that report to be fundamentally flawed in its analy- American interests be properly represented. amounts to abuse of its mandate, the Com- sis. Thus, no WTO member nation will be able Given the USTR's active schedule in rep- mission would so inform the Congress. Any to ignore the findings of a dispute settlement resenting the United States in a variety of Member of Congress would then have the panel without paying a price: international con- trade matters, the assistance private parties right to introduce a privileged resolution direct- demnation, weakened international respect for can provide will be crucial. ing the U.S. Trade Representative to negotiate the trading rules, and possible internationally We welcome the support of our colleagues amendments to the WTO dispute settlement sanctioned retaliation against its goods. The in cosponsoring this important legislation. rules to fix the situation. enhanced power of the dispute settlement And if the Commission determines that panels requires that this process be used pru- f WTO panels have abused their mandate on dently and administered wisely for the sake of WTO COMMISSION ACT three separate occasions in any 5-year period, the world trading system in general and Amer- Members would have the right to introduce a ican national commercial interests in particu- HON. SANDER M. LEVIN privileged resolution directing that the United lar. OF MICHIGAN States withdraw from the WTO by a date cer- The bill we are introducing establishes the IN THE HOUSE OF REPRESENTATIVES tain if one last effort to amend it fails. WTO Dispute Settlement Review Commission This basic arrangement was agreed to by composed of five Federal appellate judges, Thursday, April 6, 1995 our U.S. Trade Representative Mickey Kantor appointed by the President in consultation with Mr. LEVIN. Mr. Speaker, I am pleased to during last year's GATT debate. I think Am- Congress. The Commission will be empow- join my colleague, the gentleman from New bassador Kantor deserves credit for recogniz- ered to review every decision adverse to the York, in introducing the WTO Dispute Settle- ing the legitimacy of this issue and working United States by a WTO dispute settlement ment Review Commission Act. This is an im- with Members of Congress, both Democrats panel. In cases where the dispute settlement portant piece of legislation designed to ensure and Republicans, to craft a fair solution. E 820 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 The Commission may find that its very first are being cut at the city and State levelÐin- NATIONAL BEVERAGE CONTAINER case involves Japan and the auto sector. If cluding a small and highly effective program in REUSE AND RECYCLING ACT OF Japan carries through on its threat to appeal New York State called NORC, designed to as- 1995 to the WTO rather than open its markets, and sist moderate-income elderly remain in their if the WTO panel were to rule against usÐan homes, rather than cost taxpayers millions by HON. EDWARD J. MARKEY occurrence I do not foresee in view of the financing nursing home care. This program re- OF MASSACHUSETTS clearly exclusionary and discriminatory prac- ceives only $1 million of State funding, and IN THE HOUSE OF REPRESENTATIVES tices presently undertaken or tolerated by the cutting it would likely end up costing much Thursday, April 6, 1995 Government of JapanÐthis would raise a seri- more. ous question about whether the new WTO dis- We must resist the impulse to be penny Mr. MARKEY. Mr. Speaker, today I am in- pute settlement process is really in our na- troducing the National Beverage Container tional interest. I would expect a very careful wise and pound foolish. We must also be aware that, in our current climate, the cuts we Reuse and Recycling Act of 1995. This impor- review of that decision by the Review Com- tant piece of legislation is especially relevant mission, with appropriate recommendations to make in Washington will be duplicated at the city and State level. We must equally resist today as we approach the 25th anniversary of the Congress. Earth Day. I have introduced this legislation in the impulse shared by some in this House to But it is my sincere hope that the mere ex- the past with my colleague, the late Paul punish those most in need of assistanceÐthe istence of the Commission will encourage ap- Henry (R±MI), who was a true and dedicated poor, the elderly, the disabled, children, work- propriate use of the WTO and will discourage champion for this important initiative, and hope WTO panels from acting beyond their authority ers, legal immigrantsÐand to place the blame that my colleagues will this year embrace this when such cases are brought. for our Nation's deficit on those who truly need bill that combats the problems we have of Finally, let me also speak to the final section assistance. shrinking landfill space, skyrocketing waste of the bill, which provides that private parties f disposal costs, misspent energy and natural may participate with the USTR in WTO dis- resources, and litter strewn roadsides by set- pute settlement proceedings. Under our legis- ting in place a national beverage container re- lation, if a U.S. private party with a direct eco- DO NOT FORGET MILITARY RETIREES cycling program. If passed, this bill would save nomic interest in a WTO proceeding supports millions of dollars in energy costs, divert a sig- the U.S. Government's position, then the nificant portion of the solid waste stream, fos- USTR must permit the party to participate in HON. JOHN M. McHUGH ter the growth of a recycling infrastructure, and the WTO panel process. This private party help reverse the throwaway ethic our Nation participation is critical to protecting American OF NEW YORK has embraced. jobs. Because the dispute settlement deci- IN THE HOUSE OF REPRESENTATIVES Most importantly, this will be done at no sions will be binding, it is imperative that the cost to the taxpayer. This bill, which requires interests of American companies and their Thursday, April 6, 1995 a deposit paid on beverage containers, will act workers be fully represented. This is not as a positive economic incentive to individuals meant as a criticism of USTR in any way. But Mr. MCHUGH. Mr. Speaker, today the Unit- ed States stands as the world's only remaining to clean up the environment and will result in given the reality of USTR's many obligations a high level of reuse and recycling of such in negotiating with countries around the world, superpower. Having won the cold war we set out to downsize our military and cut defense containers, and help reduce the costs associ- they need the help of the private sector. ated with solid waste management. Such a expenditures. As we continue this process, we Mr. Speaker, this is an important piece of bi- system will result in significant pollution pre- must not forget those military retirees who, partisan legislation, and I hope we can move vention, energy conservation and recycling. quickly to see it enacted into law. through their many years of service and dedi- We can conquer the problem of one-way, f cation, helped secure our Nation's future. throwaway beverage containers as 10 States I fear that those who served during the RESIST IMPULSE TO BE PENNY have already done. Under these deposit pro- World War II, Korea, and Vietnam eras, and WISE AND POUND FOOLISH grams, which are in effect in California, Con- who have since retired from the military, are necticut, Delaware, Iowa, Maine, Massachu- being asked to bear unfairly the brunt of this setts, Michigan, New York, Oregon, and Ver- HON. JERROLD NADLER downsizing process. The closing of bases OF NEW YORK mont, consumers pay a deposit on each con- throughout the country will leave many retirees IN THE HOUSE OF REPRESENTATIVES tainer purchased, and this is refunded when without immediate access to DOD medical fa- the container is returned. Consumers in these Thursday, April 6, 1995 cilities. For example, the 1993 BRAC Commis- States have proven the effectiveness of such Mr. NADLER. Mr. Speaker, I rise today to sion's ill-advised closure of Plattsburgh Air legislation by reaching recycling rates as high add my voice to the growing concern ex- Force Base will leave thousands of military re- as 95 percent. pressed by many of my colleagues over the tirees in upstate New York and in nearby Ver- This bill will encourage the development and dangerous and devastating effects of many of mont without the services of the base hospital. maintenance of a recycling infrastructure. The the actions taken by this body in recent Retirees over the age of 65 will be forced to plastics industry, which already has a recy- weeks, and actions that will be taken in the rely on other, more costly, means to secure cling infrastructure, would particularly benefit coming weeks. health care. Many people joined the military from this bill since it has been plagued by sup- I am gravely concerned that the frontal at- with the understanding that DOD would pro- ply shortages. tack on low- and middle-income Americans vide them with health care for life. Consumers have demonstrated the popu- that some are waging will have far-reaching If we renege on our commitment to these larity of deposit laws. A General Accounting effects that we cannot begin to fathom today. Office [GAO] study found that 70 percent of military retirees, it will only serve to harm fu- Some Members of this body seem to be en- Americans support national deposit legislation. ture efforts to attract high-quality personnel. gaged in a race to cut, with little regard to Perhaps more importantly, in States that have We cannot expect service members to make what we are cutting, and what the effects of deposit laws, this level is even greater. these cuts will be to Americans who are truly a long-term career out of the military if we This bill allows States to recycle in any in need of assistance. While there is most cer- continue to demonstrate that a promise made manner they wish, as long as they achieve a tainly wasteful spending occurring which must yesterday no longer counts today. 70-percent recycling goal for beverage con- be addressed by this body, we seem to be en- Mr. Speaker, we have come to be a nation tainers. Only States that fail to meet this chal- gaged in an exercise which is driven by a of strength by holding steadfast to our commit- lenge would be required to implement the de- complete disregard to the content of what we ments and not by shirking our responsibilities. posit program outlined in this bill. do, with regard only to how much we do. We did not do it in the past and we should not To further encourage recycling efforts, the At the same time, we are transferring start now, especially when it comes to those unclaimed deposits collected under this bill, spending authority to our States, many of men and women who were willing to make the which could total as much as $1 to $1.7 billion which are engaged in the same exercise. ultimate sacrifice for their country. I believe annually, would be used to support other recy- We must remember that the cuts we make that we must do whatever is in our means to cling programs. For example, deposit laws can here are being echoed in our cities and our ensure that these military retirees are not left help subsidize the costs of curbside recycling. States. Even the most cost-effective programs to fend for themselves. Together, deposit laws and curbside recycling April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 821 can result in greater recycling and reuse than legislation was not enacted into law. I am H.R. 1378, REGARDING RENUNCI- either program could alone. bringing the issue forth for the 104th Congress ATION OF AMERICAN CITIZEN- In celebration of Earth Day, just 2 weeks because I believe it is still a much needed re- SHIP away, I introduce this legislation that will help form that can only help, and in no way hurt, us to reach our environmental goals by con- the American economy. HON. SAM GIBBONS serving our natural resources and reducing lit- OF FLORIDA ter and pollution. I urge my colleagues to sup- f port comprehensive recycling by cosponsoring IN THE HOUSE OF REPRESENTATIVES the National Beverage Container Reuse and TRIBUTE TO SAMUEL T. Thursday, April 6, 1995 YANAGISAWA AND HIS WORK ON Recycling Act of 1995. Mr. GIBBONS. Mr. Speaker, last week the f IMAGE INTENSIFIER NIGHT VI- SION EQUIPMENT Republicans in the House of Representatives, REPEAL THE SHORT-SHORT TEST acting on behalf of powerful lobbyists rep- FOR REGULATED INVESTMENT resenting unnamed clients, succeeded in stop- COMPANIES ping a provision that would have prevented HON. SAM JOHNSON wealthy Americans from avoiding billions of OF TEXAS U.S. tax by renouncing their American citizen- HON. MICHAEL PATRICK FLANAGAN ship. OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES Earlier this week, I introduced H.R. 1378, IN THE HOUSE OF REPRESENTATIVES Thursday, April 6, 1995 which would require that those unnamed cli- Thursday, April 6, 1995 Mr. SAM JOHNSON of Texas. Mr. Speaker, ents be identified to the public. The legislation Mr. FLANAGAN. Mr. Speaker, to qualify for I rise today to recognize and commend the ac- would require the Secretary of State to publish in the Federal Register the names of individ- taxation as a regulated investment company complishments of an outstanding individual uals who renounce their U.S. citizenship. Indi- [RIC], a mutual fund must meet various tests. and fellow Texan who has done exceptional viduals enjoying enormous tax advantages One of the tests is that a RIC must derive less work in the development and manufacture of through renunciation of their U.S. citizenship than 30 percent of its gross income from the night vision equipment. This equipment ena- sale or distribution of certain investments, should be publicly identified. bling armies to fight in the dark is one of the such as stocks, options, futures, securities, In the debate last week, Republicans tried most profound changes in military capability in and forward contracts, held less than 3 to faithfully follow the script prepared by lobby- history. It was a critical factor in the low loss months. This is known as the short-short test. ists representing wealthy expatriates and of life and played a major role in the success Mr. Speaker, today I am introducing legislation those few wealthy Americans planning to re- of Operation Just Cause in Panama and Oper- to repeal the 30 percent of gross income limi- nounce their allegiance to their native country ation Desert Storm in Kuwait. These examples tation applicable to regulated investment com- in the near future. Their arguments were elo- panies. alone prove conclusively that night vision tech- quently refuted by the Democratic Members The short-short test severely inhibits the nology has revolutionized military tactics and participating in the debate and we need not ability of RIC's to adequately respond to fluc- strategy. repeat that debate. tuating market conditions. Under present law, Sam Yanagisawa was instrumental in the However, the Republicans did stray from the RIC's are not able to protect their investors as development and manufacture of the first gen- script prepared by these lobbyists in several well as possible. This is because RIC's can eration of image intensifier night vision equip- respects, and I want to respond to those argu- not, for example, completely hedge their in- ment and of subsequent generations of gog- ments. They accused the Democrats of en- vestments against adverse market trends. gles for night flying and for use by ground gaging in class warfare and attempting to tax Similarly, if prices go up, a portfolio manager troops. His leadership, dedication, innovation, wealthy individuals out of existence. They ar- may not be able to sell certain securities, even and frankly, his genius, led the way in provid- gued that these wealthy individuals would not if it is advisable to do so, solely because of ing our fighting forces with a night fighting ca- have engaged in the despicable act of re- the short-short test. They are stymied by the pability that has proved decisive. He has been nouncing their allegiance to the United States 30-percent barrier, even though it could be ad- in the forefront with both the public and private but for the punitive levels of taxation in this vantageous to go beyond that point and real- sectors. country. ize more than 30 percent of their gross in- Mr. Yanagisawa was one of the founders of The Republican concern for the wealthiest come from certain investments. The inability to the U.S. Night Vision Manufacturers Associa- among the privileged class is understandable freely trade stocks, options, securities, and the tion that help persuade our forces to adopt given their political philosophy but, from the like can adversely affect 401K's and various this equipment and develop the necessary average taxpayer's perspective, it is seriously types of retirement funds invested in mutual doctrine for its employment. His initiative, fore- misguided. The wealthiest of the wealthy did funds. sight, and professionalism contributed im- quite well during the 1980s. The wealthiest of Portfolio managers cannot totally maneuver measurably to the success of this effort. At the Americans saw their share of total income al- to protect their investors without having their same time, he served on the Army Science most double in the 1980s. According to Treas- RIC status adversely impacted if they violate Board, chaired two summer studies, and cur- ury Department data, the share of total income the 30-percent mark. The repeal of the short- rently serves on the Air Force Studies Board. reported by the top one-half of 1 percent of short test will give those managers the capa- Mr. Yanagisawa served in various positions taxpayers increased from 6.05 percent in 1979 bility to fully protect profitability for their share- at Varo Inc., from 1967±1987 where he devel- to 11 percent in 1989. holders. As it stands now, portfolio managers oped the first generation of night vision tubes Their argument that our taxes are at puni- are often forced to make investment decisions and equipment at high rate of production and tive levels is totally false. The United States based on tax strategy rather than investment introduced special process computers for the has one of the lowest tax burdens of all indus- strategy. complex production of photocathodes, an inte- trialized nations in the world. It is true that our The short-short test is also an administrative gral part of image intensified devices. He went rates exceed those provided by the tax ha- nightmare. RIC's have to track the percent- on to facilitate the efficient production of sec- vens to which these wealthy people are flee- ages of short-term and long-term gain realized ond generation tubes and equipment so that ing. However, those individuals can reside daily and cumulatively throughout the year, night goggles could be practicable for ground safely in those havens only by reason of the and the holding periods of their assets. This, and airborne applications. He retired as chair- defense expenditures of this country which en- of course, creates extra costs for RIC's that man and CEO of Varo in 1987. able wealthy expatriates to live safely any- are passed on to shareholders. Repeal of the Mr. Speaker, I salute Sam Yanagisawa for where in the world. Many of these expatriates short-short test will eliminate an inordinate his hard work, diligence, and outstanding ac- continue to live and work in this country for amount of paperwork and accounting costs for complishments in the development of night vi- large portions of the year. the RIC's, and help their shareholders keep sion. We all owe him a debt of gratitude for The argument that I find most appalling is more of their investments. his years of dedication and join together in the argument that we engaged in class war- Repeal of the short-short test has previously commending him for showing great foresight fare when we tried to prevent these billionaires received strong bipartisan support. It passed and commitment to the night vision industry. from avoiding their tax responsibilities by re- the House unanimously on May 17, 1994, as We thank him for his genuine contributions to nouncing their U.S. citizenship. Two weeks part of the Tax Simplification and Technical our Nation's security and wish all the best in ago, Republican Members of this House com- Corrections Act of 1993. Unfortunately, the his future endeavors. pared poor Americans to ``alligators'' and E 822 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 ``wolves'' and engaged in crude stereotyping back to the principles underlying our democ- Mr. Speaker, I urge all of our colleagues to of welfare recipients by referring to ``studs'' racy: responsibility, participation, citizenship, join me in praising the dedicated men and outside their homes. They passed a welfare and fiscal restraint. Each of us must take re- women who make up the Saginaw Gang reform bill that took $66 billion away from the sponsibility for our country and our future. We Crime Task Force and Saginaw community poorest of American citizens. None of this was in Congress have a responsibility to make the leaders who have worked so hard to deal with considered class warfare by the Republicans. difficult choices required to cut Federal spend- gang crime. It shows once again that there is However, they condemn as class warfare our ing and balance our budget. The Check-Off no better resource for our nation than con- attempt to make a handful or two of the will ensure that every American has the oppor- cerned, committed citizens working with public wealthiest of the wealthy bear the same bur- tunity to make a direct contribution to retire the servants doing the best that they can under den of tax as all the rest of us. national debt. very difficult circumstances. I will continue to work toward making our As we reduce the national debt, we will real- f tax system fair to all who benefit from this ize at least three immediate benefits. We will great country. H.R. 1378 is one small step in reduce the risk of inflation as excess cash is HONORING PONCHO SANCHEZ that direction. applied to debt retirement. We will stabilize in- f terest rates. And most important, as we re- duce the amount we must spend on interest HON. ED PASTOR CHECK-OFF FOR OUR CHILDREN every year, we will also reduce overall Federal OF ARIZONA ACT budget requirements. The benefit for future IN THE HOUSE OF REPRESENTATIVES generations goes far beyond these threeÐthe HON. DAVID MINGE benefit to our children is the inheritance of a Thursday, April 6, 1995 OF MINNESOTA renewed America. Mr. PASTOR. Mr. Speaker, I would like to IN THE HOUSE OF REPRESENTATIVES f take this opportunity to congratulate one of the greatest jazz musicians in America, Poncho Thursday, April 6, 1995 THE SAGINAW GANG CRIME TASK Sanchez. To recognize the accomplishments FORCE: COMMUNITY POLICING Mr. MINGE. Mr. Speaker, Representatives of Mr. Sanchez within the music industry, the AT ITS BEST JAN MEYERS, PETER DEFAZIO, TILLIE FOWLER city of Washington DC has proclaimed April 19 and I are introducing a bipartisan bill to pro- as ``Poncho Sanchez Day.'' vide the American taxpayer with a way to con- HON. JAMES A. BARCIA Mr. Poncho Sanchez is a self-taught musi- tribute directly to eliminating the national debt. OF MICHIGAN cian who has dedicated his life to the cultiva- This legislation allows citizens to check a box IN THE HOUSE OF REPRESENTATIVES tion of the Latin jazz genre. He is considered on their Federal tax return and indicate the Thursday, April 6, 1995 one of the most prominent conga players and amount of the tax refund each citizen would Mr. BARCIA. Mr. Speaker, there is no doubt percussionists in America today. like to direct to retire the national debt. The that the safety of our streets is a key concern Beginning his musical career in 1975 as a Check-Off for Our Children Act will form a for all Americans. And just as people have be- member of the Cal Tjader band, he toured and partnership for America's future between citi- come more aware of our crime problems, recorded with the band until Tjader's death. zens and the Congress of the United States to many good citizens have become personally During that stage of his career he had the reduce our national debt and to reclaim the involved in developing creative solutions to honor of sharing with Tjader, a friend who was economic future of the next generation of augmenting the ability of our hard-working po- also a mentor, one Grammy award for the Americans. lice departments in the fight against crime. album ``La Onda Va Bein.'' Mr. Sanchez not I think that everyone would agree that The city of Saginaw had been the victim of only has enjoyed the opportunity to perform America is at a crossroads in history. The next an unacceptably high crime rate. Murders, fire- with the Cal Tjader band, he also has had the 20 years will determine whether we will let our arms violations, and aggravated assaults were pleasure to performing and recording with staggering debt turn the American dream into greater than surrounding areas. A 1994 survey other jazz stars, including Carmen McRae, a nightmare. The growth of our economy, cre- by the Michigan Prosecuting Attorney's Co- Clare Fischer, and Woody Herman. ation of meaningful jobs, a reduction of Fed- ordinating Council also documented the exist- In 1982 Poncho Sanchez began his solo ca- eral spending, revitalization of our infrastruc- ence of at least 13 gangs in the Saginaw reer with the album ``Sonando'' which helped ture and the preservation of our environment area, with membership in the hundreds. These reaffirm his place in the jazz world. His more for future generations all depend upon our gangs were responsible for the inordinate recent achievement have included performing ability to reduce our national debt. We have all amount of crime in Saginaw. with Tito Puente, who played with Sanchez's benefitted from these deficits over the years, The Saginaw County Sheriff, Tom McIntyre, band at the Playboy Jazz Festival and who but now it is time to own up. Unless the Con- along with local Chiefs of Police, State Police appears in the album ``Chile con Soul,'' as well gress and our citizens act in unison now, the officials, agents of the FBI, the Drug Enforce- as receiving three Grammy nominations. The Federal Government's sole function will soon ment Agency, the Bureau of Alcohol, Tobacco unique style he has developed, blending pow- be to transfer tax dollars to meet interest pay- and Firearms, and the Secret Service con- erful Latin music with lyrical jass notes, places ments on the debt and the rapidly expanding cluded that the police needed help to deal with him in a category all his own. entitlement programs. these gangs. Continuing work by the office of Mr. Speaker, Poncho Sanchez is an excep- There is now a growing willingness in the Saginaw Mayor Gary Loster, Saginaw County tional artist whom I am honored to recognize. hearts and minds of the American people to Prosecutor Michael Thomas, and other com- His contribution to Latin music is a sample of play an active role in retiring the national debt, munity organizations confirmed the concerns the richness of the Latin community. Again, I thanks in part to the efforts of Lucile McCon- about gang-related crime. It became clear that would like to send my sincerest congratula- nell and The Fund to End the Deficit. Lucile resources devoted to gang activities were in- tions to Mr. Sanchez for this deserved rec- has worked tirelessly to educate Americans sufficient and that a concerted effort to deal ognition. about the threat the deficit poses to future with these gangs was necessary. f generations and opportunities they have to Mayor Loster and FBI resident agent Phil help solve solve this problem. This desire can Kerby were then responsible for creating the TRIBUTE TO KATE BYRNES be met by a little known Federal statute, Pub- Saginaw Gang Crime Task Force. Each par- lic Law 87±58, which was signed into law in ticipating agency was asked to contribute 1961 by President Kennedy. This law enables human resources to the gang crime effort, and HON. LYNN C. WOOLSEY every citizen to contribute directly to retiring they did it. The Task Force garnered greater OF CALIFORNIA the national debt. In conjunction with the public support, and their resources grew. IN THE HOUSE OF REPRESENTATIVES Check-Off for Our Children, taxpayers can Since the formal introduction of the Task simply mark a check-off box on their tax re- Force to the public on April 6, 1995, the Task Thursday, April 6, 1995 turns to designate a portion of their tax re- Force has been directly responsible for mak- Ms. WOOLSEY. Mr. Speaker, I rise today to funds on the condition that it be used only to ing many public events safer. Murders are honor Kate Byrnes, the 1995 California Teach- retire the national debt. down 20 percent. Violent crime is down 10 er of the Year. Kate Byrnes works for the The greatest principle of democracy is that percent. People feel better about their neigh- Marin County Office of Education as a teacher we each have a choice. The Check-Off for borhoods, and Saginaw is on its way to restor- for the visually impaired and as an orientation Our Children gives each of us a choice to turn ing its reputation as a wonderful, inviting city. and mobility specialist. She has served the April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 823 people of Marin County well in this capacity, The difference between a boastful person cent or more. In the Senate, majority leader and earned a reputation for being one of the and one whom people boast of knowing; BOB DOLE has introduced a measure (S. 605) most exemplary teachers in her field. The difference between a cynical man and that would lift the threshold to 33 percent and Kate Byrnes has devoted countless hours to one who only sees the good he can do for would apply to all Federal actions. her students and demonstrates an uncommon other people; Proponents contend that the Republican commitment to her educational mission. Time The difference between a man who looks bills aim merely to put common sense back in and time again she has intervened on behalf for credit for his accomplishments and a man Government's attitude about private property. of her students and their families. In addition, who accomplishes much. Perhaps these advocates can explain the logic she has coordinated overnight ski trips for the Mack Fleming is a person who is still filled behind these examples of litigation currently blind and visually impaired in order to increase with wonder and seeks to learn new things being fought under the guise of private prop- their recreational opportunities. every day. He has the quintessentially Amer- erty rights: Kate Byrnes has been active in organiza- ican outlook first observed by de Tocqueville Summitville Mine. The Canadian company tions, including the Low Incidence Regional that although man is not perfect, with a decent that operated Summitville Mine created a Network for Northern California and the amount of effort, he can be improved. Superfund site that will cost the taxpayers shared decision-making Leadership Team of Mack came from a humble background in about $120 million to clean up, filed bank- teachers and administrators for the Marin Georgia and South Carolina. He graduated ruptcy and left the country. Now the owners of County Office of Education's special education from Clemson University in 1956 and was the mine site are suing the Governor of Colo- division. She has been an instructor and guest commissioned as an officer in the U.S. Army. rado on the grounds that because the State lecturer at San Francisco State University, He served on active duty for 2 years with the permitted the mine, that gave the owners sig- helping to motivate others to become excep- Second Armored Division in Europe. He sub- nificant profit but also polluted their property, tional teachers for the visually impaired. sequently returned to South Carolina where he the value of the land was decreased due to Mr. Speaker, it is my great pleasure to pay was a supervisor in a textile mill for 2 years. regulatory action. tribute to Kate Byrnes for being selected as After coming to Washington in 1960 to serve California Central Valley [CVP]: Big agricul- the 1995 California Teacher of the Year. Marin as administrative assistant to William Jennings tural corporations now receive huge amounts County owes a great deal of gratitude for the Bryan Dorn, Mack graduated from the Wash- of public water at subsidized rates to pour on tireless efforts of Kate Byrnes over the years. ington College of Law at American University their corps. Under the CVP legislation enacted I extend my hearty congratulations and best in 1966. in 1992, Federal and State regulators intend to wishes to Kate. Mack also met his wife Libby in Washington, divert some of that water to save and restore f whom he married in 1963. He has been a de- salmon runs. Now, the agriculture bigwigs are voted husband and a supportive and proud fa- claiming that if these plans go through, and MACK GERALD FLEMING ther of their children, Katie (Katharine) and the takings legislation is enacted, they will John. Mack has long been an active member claim reimbursement for any diversion of their HON. G.V. (SONNY) MONTGOMERY of the Capitol Hill United Methodist Church subsidized water allotmentsÐat market OF MISSISSIPPI and regularly serves as a volunteer at the ratesÐnot the subsidized rates. IN THE HOUSE OF REPRESENTATIVES soup kitchen sponsored by his church. The argument for ``takings'' legislation is not Thursday, April 6, 1995 Mack Fleming loved his work. He was as simply about that bedrock of American values: loyal as they comeÐsmart, tough, a savvy protection of private property. Unfortunately for Mr. MONTGOMERY. Mr. Speaker, Friday, politician. He particularly admired Speaker those citizens who honestly believe in the March 31, 1995, marked the end of an ex- Sam Rayburn and Presidents Abraham Lin- rightness of their cause, it is more a ruse traordinary career in public service. After 26 coln and Lyndon JohnsonÐand one could see being played on the American people by the years on Capitol Hill, serving 21 years as chief Mack's respect for these practical politicians proposal's strongest supporters: industries counsel and 14 as staff director of the Com- reflected in his strong character and deep such as mining, ranching, timber, oil and gas, mittee on Veterans' Affairs, Mack Gerald sense of personal honor. Now, I don't want and agriculture. These corporate players and Fleming retired. anyone to get the idea that Mack was a saint. their lawyers know that if enacted, this bill will Superlatives just naturally come to mind He was occasionally more passionate than not bring common sense to governmental ac- when describing Mack. As stated in the reso- logical, and serene is not a word I associate tions, but will flagrantly inflate the number of lution presented to Mack by BOB STUMP and with Mack, but he never retreated from the lawsuits crowding our courts and cause gov- me, his service with the committee and the consequences of his conviction. ernmental gridlock at all levels. Veterans Administration was distinguished by Mack brought old-fashioned values with him I urge you to take the time to read Mr. visionary leadership, profound wisdom, sound when he arrived in Washington 35 years ago. McCoy's article. political judgment, and a passion for meeting Through his influence and powers of persua- [From the Wall Street Journal, Apr. 4, 1995] the needs of America's veterans. sion, those values are integral markers for His was the deep commitment of the true THE PUSH TO EXPAND PROPERTY RIGHTS much of the work carried out by the committee STIRS BOTH HOPES AND FEARS—SOME CALI- believer tempered by a unique practical sense and its staff. I often said he was the best, and FORNIA FARMERS SEE WINDFALL IN GOP of political possibilities and opportunities. His we will certainly miss him. BILLS; OFFICIALS FRET ABOUT COSTS intuitive sense of timing and ability to reach an f DO GRAZING ELK ‘‘TAKE’’ GRASS? effective compromise resulted in the enact- ment of far-reaching veterans' legislation. ‘‘TAKING’’ IT TOO FAR (By Charles McCoy) Under his guidance, the measure elevating the The new Republican-controlled Congress is Veterans' Administration to the Department of HON. GEORGE MILLER on its way to passing the biggest expansion Veterans' Affairs was signed into law. Addi- of property rights in U.S. history. In Califor- OF CALIFORNIA nia, this could very well radically drive up tionally, the new GI bill, which profoundly im- IN THE HOUSE OF REPRESENTATIVES the cost of saving salmon—and add to the proved the ability of the Armed Forces to re- Thursday, April 6, 1995 tide of litigation those rescue efforts have cruit smart, capable young men and women, already spawned. was nurtured into reality by Mack Fleming. I Mr. MILLER of California. Mr. Speaker, and Indeed, the Republican proposals, depend- think Mack would also say he is particularly fellow Members, I bring to your attention the ing on their final form, promise a procession proud of his efforts to provide an entitlement attached article by Charles McCoy, from the of policy zigzags and lawsuits at all levels of to inpatient health care for service connected April 4, 1995, edition of the Wall Street Jour- government, both critics and even some pro- and low-income veterans. nal. ponents agree. We all know Mack thrived in and was ener- Mr. McCoy presents an even-handed report MURKY CONSEQUENCES gized by the rough and tumble of politics, and of the congressional debate on the issue of Consider the salmon example: Big agricul- he loved nothing better than a good fight on private property rights and the ``takings'' issue, tural corporations in California’s arid behalf of a cause he championed. He never- which, after passing the House, is now under- Central Valley now get huge amounts of pub- lic water at subsidized rates to pour on theless was not swallowed up or overwhelmed way in the Senate. As Mr. McCoy notes, the crops. But some of the state’s historic salm- by the sometimes heady Capitol Hill existence. House bill would require the Government to on streams are drying up; under previous There was something in his background or the pay landowners full compensation when cer- congressional mandates, federal and state way he was raised that kept him solidly tain environmental protection actions trim the regulators want to divert some of this water grounded, and that made the difference: value of any portion of their land by 20 per- to restore salmon runs. E 824 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 But, under ‘‘takings’’ legislation passed by ries under the current state of takings law— it to appraisers to determine how much. the House last month, corporate farmers theories that they clearly hope will be en- ‘‘Property owners will have their appraisers, would have to be compensated for any diver- shrined under the more expansive Repub- and we’ll have ours, and we’ll all go around sion of their allotments. In fact, under some lican bills. Wayne Hage, a Nevada rancher and around and around,’’ Ms. Moulton says. circumstances, the corporate farmers could and a leader of the West’s private-property claim reimbursement at market rates— movement, alleges in a lawsuit pending in TEXAS NOTIONS meaning reimbursement out of the federal the federal court of appeals in Washington Other recent federal takings claims have treasury at rates 10 times the subsidized rate that the government owes him compensation featured coal companies alleging that they they now pay. ‘‘We have a right to that because fish and game agencies don’t prevent must be compensated because federal law re- water, and if the government wants it for elk herds from drinking from his streams quires them to pay money into a fund for fish, they have to pay us,’’ says Jason and munching range on his 7,000-acre spread. miners stricken with black lung. And a com- Peltier, a top California farm lobbyist. That is a taking of his water and grass, he pany owned by Texas oil millionaire Clayton Until now, federal courts and the U.S. Su- contends. Williams has sued Wyoming wildlife agencies preme Court have, in a number of decisions, Mr. Hage also is credited with devising an- over limits and licensing requirements for rejected this view. But the breadth and word- other now-popular theory in the West: that hunting deer, elk and antelope. Mr. ing of the new Republican takings proposals ranchers have what amounts to a private- Williams’s theory: He owns the wildlife on would unquestionably give Central Valley property right to graze on public range land. his 90,000-acre Wyoming hideaway, and state farmers a potent new weapon; they are al- Thus, Mr. Hage and several other Western hunting restrictions are a taking of his pri- ready preparing lawsuits in anticipation of ranchers have sued the U.S. Forest Service vate wildlife for which he must be com- passage of a generous takings law. and the Bureau of Land Management, claim- pensated. Mr. Williams lost the first legal BLESSING OR DISASTER? ing that they suffered takings when the round in federal court, but he has appealed. Environmentalists are naturally alarmed. agencies tried to restrict grazing on public Not all the recent federal cases deal with Says Hal Candee, an environmental lawyer range, which in many areas has been scalped environmental matters. International House with the Nature Resources Defense Council: by years of overgrazing. of Pancakes Inc. has claimed that modifica- ‘‘This is insane—the public is already subsi- In Mr. Hage’s case, the Forest Service con- tions to restaurants required by a 1990 handi- dizing irrigation that is devastating the en- fiscated some of his cows because he repeat- cap-access law are a taking for which it vironment, and now we have to pay even edly defied the agency’s orders to stop graz- should be paid. more to make it stop?’’ ing on public land that federal range experts IHOP made the claim in defense of a law- Moreover, the takings movement is being considered ‘‘trampled, compacted, gullied.’’ suit brought by Theodore Pinnock, a San watched with growing concern by numerous For damage from regulators and elk, Mr. Diego attorney with cerebral palsy who sued state and local governments, which fear a Hage seeks compensation of at least $28.4 after he allegedly couldn’t get his wheelchair huge hit on the public treasury—or a sharp million. through a narrow restroom door and had to decline in their ability to enforce what they MOUNTAINS OF CONCERNS crawl into the men’s room. Last summer, the consider reasonable environmental, planning Then there is the case of the Summitville U.S. Supreme Court refused to review a and other regulations. In Riverdale, Calif., a Mine in south-central Colorado. Mining prac- lower court decision against IHOP’s takings fast-growing Southern California city bedev- tices there have created a heap of cyanide- claim. But many lawyers say IHOP probably iled by numerous endangered species, traffic laced mine wastes; the Superfund cleanup is would have prevailed under some of the new and open-space conflicts, city planner Ste- expected to cost taxpayers at least $120 mil- takings theories being pushed in Congress. phen Whyld calls the new takings proposals lion. The Canadian company that operated It is that kind of scenario that concerns ‘‘prescriptions for total gridlock.’’ the mine for its owners has declared bank- people like Jerold S. Kayden, a Harvard Uni- Nonsense, say proponents, who argue that ruptcy and left the country. versity property-law scholar. In his view, the such legislation is necessary to rein in Now, the mine owners, Aztec Minerals Republican takings bills would ‘‘vastly ex- overweening regulators. ‘‘It’s obvious that Corp., Gray Eagle Mining Corp. and South pand’’ the opportunities for claiming com- bureaucracies from the federal level down to Mountain Minerals Corp., have sued Colo- pensable takings—and would likely trigger a the local school board have come to believe rado’s governor and main environmental that the Fifth Amendment just doesn’t apply blizzard of such claims that will force a cash- agencies. Their claim: Because regulators to them,’’ says R.S. Radford, a property-law strapped government to choose between en- did as the companies wished and permitted expert at the Pacific Legal Foundation, a forcing regulations in the public interest or conservative legal think tank that has han- mining that earned them substantial profits paying huge sums to landowners. dled many takings lawsuits on behalf of but polluted their property, their land has More fundamentally, the new takings pro- landowners. The takings movement, he says, been devalued by regulatory action—a tak- posals mark a drastic departure from how confronts ‘‘terrible abuses by government ing under the Colorado constitution. The courts and policy makers have historically against individuals.’’ Central Valley farmers, mine owners also say their property values interpreted the Fifth Amendment’s taking for example, have long painted efforts to have been hurt because regulators’ emer- clause. In general, courts have allowed the save salmon as an example of government gency cleanup of Summitville, undertaken government significant latitude to make ‘‘worrying more about fish than people.’’ to prevent further poisoning of their land, regulations impinging upon private property What is certain is that the takings cam- has closed down mining, possibly for good. in the interest of protecting public health paign, both in Congress and in a number of ‘‘Let me get this straight: It’s a taking and safety, building highways, limiting states, seeks to significantly expand inter- when you’re allowed to mine, and a taking growth and the like, particularly when the pretation of the Constitution’s so-called when you’re prevented from mining?’’ scoffs regulation didn’t wipe out all economic takings clause. This is a snippet of the Fifth Roger Flynn, an environmental attorney value of the private land. Amendment that holds that government with the Western Mining Action Project. ‘‘shall not take private property for public Just so, says Tim Gablehouse, the mine NARROW RULINGS use without just compensation.’’ owners’ attorney: ‘‘Government action and The Supreme Court twice in recent terms inaction have damaged the value of private KEEPING A PROMISE has taken up major takings claims; both property, and we have a constitutional right times the court ruled narrowly in favor of The recent House proposal also fulfills a to compensation.’’ landowners, strengthening private-property promise in the ‘‘Contract With America’’ and is strongly supported by large industries INTANGIBLE COSTS rights without fundamentally altering past such as mining, ranching, oil and agri- Colorado is one of many states considering property-law concepts. The court is cur- culture. It requires the government to pay local takings legislation modeled on the new rently hearing another potential landmark landowners full compensation when certain congressional proposals, and indeed, it is at private-property case involving how far regu- government actions to protect the environ- the state and local level, where planning lators can go to enforce the federal Endan- ment trim the value of any portion of their commissions make numerous decisions on a gered Species Act on private land. property by 20% or more. The Senate is con- daily basis, that such measures could really Mr. Kayden also posits another question: If sidering a proposal championed by presi- open the floodgates. For example, local gov- property owners are going to be paid by the dential hopeful and Senate Majority Leader ernments often deny permission for land- public when a regulation decreases property Robert Dole that lifts that threshold to owners to subdivide lots or undertake high- values, he asks, why shouldn’t they have to 33%—but it would apply to all federal regula- density development, on the theory that ap- repay the public when regulatory action— tions, not just environmental rules. proval would aggravate congestion or traffic. flood control, for example—enhances prop- Whatever its final form, such a bill, if Yet such decisions often diminish land val- erty values? passed, would be a populist rallying point ues by as much as one-third. Takings proponents, however, contend that that may be difficult for President Clinton Jennifer Moulton, Denver’s planning direc- the Republican bills aim merely to put com- to veto. Even if he does, the movement has tor, predicts that takings legislation pending mon sense back in government’s attitude plenty of steam at a state and local level. in the Colorado state legislature would mean about private property, and they have their Colorado, Oregon, Texas and other states are ‘‘a nightmare of dueling appraisers and duel- own list of abuses that they believe shows considering their own expanded takings bills. ing lawyers.’’ The Colorado proposal says the need for a radical change in the takings In fact, some private-property interests that any diminution of property values law. There is the case of a Washington man have already begun to push novel legal theo- whatsoever requires compensation but leaves who was barred from cutting down a few April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 825 trees on his land because a spotted-owl nest Forest on the second floor of this building, On Friday, April 7, Dr. Zanazalari will be had been discovered some five miles away. they were rolled. honored at a retirement dinner at the Land- There is the South Carolina developer whose It would be nice if this was just a fairy tale, mark Inn, in Woodbridge, NJ. Please join me $1 million investment in residential property was totally wiped out by subsequent erosion- but it's not. The unfairness and the inequity of in wishing Dr. Zanazalari a happy and healthy control rules, even though his lots were a this bill are going to fall hardest on people like retirement. He has set a great example for fu- football-field distance away from the beach. my constituents. My colleagues, this bill is ture generations. I am proud to have him as There are the various landowners who have called the Tax Fairness and Deficit Reduction a constituent. been thrown in jail for dumping clean sand Act. I cannot think of a worse name for it. It f on slivers of their property that were classi- is anything but fair and it makes the deficit fied as wetlands; in some cases, the ‘‘wet- grow even larger than the tax cuts of the CENTRAL NEW YORK PEE WEES lands’’ had been dry for decades. 1980's. My colleagues, oppose this bill. Backers also accuse their critics of fear- FIRST U.S. TEAM TO BE WORLD mongering when they suggest the bills invite f CHAMPIONS landowners to raid the environment and the IN HONOR OF DR. J. HENRY national treasury. Critics ‘‘have propounded the myth that private property and environ- ZANAZALARI, SUPERINTENDENT HON. JAMES T. WALSH mental protection are inconsistent,’’ says OF THE MIDDLESEX COUNTY VO- OF NEW YORK Rep. Lamar Smith, a Texas Republican and a CATIONAL AND TECHNICAL HIGH IN THE HOUSE OF REPRESENTATIVES House leader on property rights. SCHOOLS AS HE RETIRES The House takings proposal, for example, Thursday, April 6, 1995 wouldn’t apply to any activity that runs Mr. WALSH. Mr. Speaker, last year I was as afoul of state nuisance laws; that, he and HON. ROBERT MENENDEZ other supporters say, will prevent land- OF NEW JERSEY proud as I could be, or thought I could be, of owners from ‘‘getting paid not to pollute.’’ IN THE HOUSE OF REPRESENTATIVES some very special young athletes in my home f Thursday, April 6, 1995 district, the Syracuse Stars Pee Wee Hockey Team. They had won the U.S.A. Nationals and CONTRACT WITH AMERICA TAX Mr. MENENDEZ. Mr. Speaker, I rise today all of our hometown was awash in publicity RELIEF ACT OF 1995 to pay tribute to Dr. J. Henry Zanazalari, Su- and congratulations. perintendent of the Middlesex County Voca- Today I am eager to report that the same tional and Technical High Schools. Dr. SPEECH OF team has once again prevailed. They are now Zanazalari, who has dedicated 47 years to the holders of the World Cup of Pee Wee HON. THOMAS M. FOGLIETTA educating our youngsters, will be retiring at Hockey, having won on February 19 this year OF PENNSYLVANIA the end of this school year. I would like to take the 36th Annual Tournoi De Quebec in Que- IN THE HOUSE OF REPRESENTATIVES this opportunity to acknowledge his accom- bec City. The tournament hosted 115 teams Wednesday, April 5, 1995 plishments. from 17 countries. The Stars defeated teams Thoughout his career, Dr. Zanazalari has The House in Committee of the Whole from Russia, Ukraine, Detroit, and Toronto on been a county and statewide advocate of vo- House on the State of the Union had under their way to becoming the first United States consideration the bill (H.R. 1215) to amend cational training. For 24 years, he has served team to ever win the World Cup. the Internal Revenue Code of 1986 to as superintendent of the Middlesex County strengthen the American family and create Vocational and Technical High Schools. Under To put this tournament in perspective, more jobs: his leadership, the school district was recog- than 550 former or present NHL players have Mr. FOGLIETTA. Mr. Chairman, I hope kids nized by the New Jersey Department of Edu- participated, including Wayne Gretzky, Brett aren't watching because today, we are ripping cation with the Commissioners Cup Award for Hull, and Mario Lemieux. apart a great bedtime storyÐRobin Hood. In 5 of the 7 years it was presented. This award The players are: Daniel Bequer, goalie, of the rewrite, Robin has been bought off by rich, is given to the New Jersey school district North Syracuse; Brain Balash, forward, of Au- fat cat lobbyists. He isn't wearing his tights which placed the highest percentage of grad- burn; Gary Baronick, forward, of North Syra- anymore. Instead, he's wearing an Armani suit uates in jobs in the field for which they were cuse; Drew Bucktooth, forward, of the Onon- and Gucci loafers. This time, Robin's taking trained. daga Indian Nation; Tim Connolly, forward, of the little the poor have left and giving it to the Dr. Zanazalari has also expanded the voca- Baldwinsville; Jeremy Downs, defense, of Syr- rich. tional school program in Middlesex County. He acuse; Joshua Downs, defense, of Syracuse; The facts make this story a horror story. spearheaded the construction of the fifth voca- J.D. Forrest, defense, of Auburn; Todd Jack- Fifty-four percent of the tax cuts in this Con- tional school in Piscataway, thus increasing son, forward, of Cortland; Josh Jordan, for- tract On America would go to families with in- the opportunity for hundreds of students on ward, of Marathon; Tom LeRoux, forward, of comes of $100,000 or more. Thirty-two per- waiting lists. He is also responsible for the Syracuse; Doug MacCormack, forward, of cent of the tax cuts go to families earning over construction of additions to the East Bruns- Cortland; Matt Magloine, defense, of North $200,000. What's left in the Republican pot for wick, Piscataway, and Woodbridge campuses, Syracuse; Freddy Meyer, defense, of New poor and middle-class Americans? A mere 14 which provided special education vocational Hampshire; Anthony Pace, forward, of percent. training programs for the increased number of Cortland; Steve Pakan, defense, of Syracuse; A mere 14 percent of the tax cuts of this students with disabilities. In doing this, Dr. Mike Saraceni, goalie, of North Syracuse; and Republican plan will benefit the average family Zanazalari demonstrated that he recognizes Ricky Williams, forward, of McGraw. Head struggling to send kids to college, struggling to that there will be more and more people with Coach Don Kirnan was assisted by coaches make a downpayment on a home, struggling disabilities in the workforce in the years to Mike Connolly and John Jackson and man- to make ends meet. come. ager Chris Kirnan. Freddy Meyer won the Tournament MVP As an alternative, DICK GEPHARDT's tax bill Dr. Zanazalari has received many awards provides families with a way to meet one of for his work in the field of education. Among trophy and Drew Bucktooth won the Grand Fi- their many challengesÐproviding their children them are the Rutgers University Distinguished nale Game MVP. Tim Connolly was top scorer with opportunities for higher education. Impor- Service Award, and the National Vocational of the tournament and along with Anthony tantly, this Democratic alternative targets and Technical Honor Society Honorary Mem- Pace was named a single-game MVP. Dan those American families who need this help ber Award. He was also inducted in the Perth Bequer gave up only two goals in the last the mostÐfamilies earning $100,000 or less Amboy High School Hall of Fame, and was a three games, which proved for some exciting per year. member of Phi Beta Kappa and Epsilon Pi hockey, especially in the Stars' 4±0 final game There were some well-meaning Members Tau and the Phi Delta Kappa Honor Society. win over Czechoslavakia. on the other side of the aisle who were trying He is a member of numerous educational as- I ask that my colleagues join me in con- to do the right thing. sociations, including the American Vocational gratulating these young athletes for their per- They sought to rid the bill of some of its in- Association, the New Jersey Association of formance, and for bringing home to the United herent inequity by delivering the tax cuts only School Administrators, and the New Jersey States our first World Cup of Pee Wee Hock- to working families making $95,000 or less per Council of Local Administrators and Super- ey. year. But when they arrived at the Sherwood visors of Practical Arts. E 826 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 THE CONTACT LENS PRESCRIP- record contains sufficient reliable evidence to tact lenses on terms which are not more re- TION RELEASE ACT OF 1995 permit a conclusion that the practice is preva- strictive than the terms of section 2 or regu- lent.’’ [Emphasis added, Federal Register, lates who is to be legally permitted to fit HON. FORTNEY PETE STARK Vol. 54, No. 47, Monday, March 13, 1989.) contact lenses. OF CALIFORNIA One of the benefits and responsibilities of f IN THE HOUSE OF REPRESENTATIVES representing the 13th District of California is having constant contact with constituents. THE CAREER PREPARATION Thursday, April 6, 1995 Over the past few years, I have had the op- EDUCATION REFORM ACT Mr. STARK. Mr. Speaker, in the final days portunity to gather ``sufficient reliable evi- of the last session of Congress, I introduced dence'' that nonrelease of contact lens pre- HON. WILLIAM (BILL) CLAY legislation to strengthen the ability of consum- scriptions does result in higher costs for con- OF MISSOURI ers to purchase contact lenses at lower prices, sumers and that this practice is sufficiently without compromising the quality of the prod- ``prevalent'' to warrant legislative action. IN THE HOUSE OF REPRESENTATIVES ucts or services received. It was my hope that This legislation, Mr. Speaker, is rather sim- Thursday, April 6, 1995 interested consumers, providers, and regu- pleÐto allow greater competition in the mar- Mr. CLAY. Mr. Speaker, I rise today to intro- lators would review and provide comment on ketplace. It achieves this goal by calling upon duce the administration's Career Preparation the bill prior to reintroduction of the bill in the the Federal Trade Commission to issue a reg- Education Reform Act. 104th Congress. ulation requiring the release of contact lens The administration's legislation ensures that: Over the past several months, I have re- prescriptions after the initial fitting process is First, funds for in-school youth are adminis- ceived comments from constituents, consum- complete. While there is strong sentiment in tered at the local level by schools; second, the ers, providers and various other interested this body to forgo calling for any additional governance structure for education which is parties. The overwhelming message is that a Government regulations, it would be short- determined by State law is respected; and, Federal law requiring prescribers to release sighted to turn aside this legislation for that third, more funds are driven by a needs-based contact lens prescriptions will benefit consum- reason. In enacting this legislation, this bill formula to local education agencies than in the ers across American. would eliminate dozens of State regulations current law. Today I am introducing ``The Contact Lens that, however well-intentioned and well-suited I want to strongly emphasize that, as under Prescription Release Act of 1995.'' This legis- to the technology and market conditions at the the current Perkins Act, any State that re- lation will require the Federal Trade Commis- time, have come to block consumer choice sion [FTC] to issue regulations mandating the ceives a grant must designate an education today. agency or agencies to be responsible for ad- release of contact lens prescriptions after the Mr. Speaker, I urge my colleagues to sup- initial fitting process has been completed. ministration. In addition, the State plan must port this legislation. A copy of the legislation be submitted by the State education agency. While some who provided comments favor follows. mandating the immediate release of prescrip- This requirement will ensure that funds are H.R. — used to improve career education in our tions, and others favor no requirements at all, Be it enacted by the Senate and House of Rep- the balance struck in this legislation ensures schools and help schools participate in the de- resentatives of the United States of America in velopment of effective school-to-work oppor- that consumers will have enhanced bargaining Congress assembled, power when purchasing replacement contact tunity systems to prepare students for college SECTION 1. SHORT TITLE. and careers. lens without putting the quality of patient care This Act may be cited as the ‘‘Contact in jeopardy. Lens Prescription Release Act of 1995’’. I also want to emphasize that this bill en- Today, more than a dozen States require SEC. 2. PRESCRIPTIONS FOR CONTACT LENSES. sures that funds will be distributed to local some form of contact lens prescription re- (a) IN GENERAL.—The Federal Trade Com- education agencies and postsecondary institu- lease. This experimentation by the States has mission shall amend its trade regulation rule tions based on need and directs more funds to allowed us to monitor whether unintended on ophthalmic practice published at 16 local schools than before. It is critically impor- consequences have occurredÐsuch as a re- C.F.R. 456 to require the prescriber to offer tant that we make sure that funds get down to to release a copy of the prescriber’s prescrip- those local schools and communities where duction in the quality of patient careÐas a re- tion for contact lenses— sult of mandatory release. To date, I have not the need is greatest. (1) after the contact lens fitting process is One of my major concerns over the years seen reports that the quality of patient care completed, or has suffered as a result of requiring prescrip- (2) in the case of a renewal of a prescrip- has been to ensure that students who are tion release after the initial fitting process is tion, immediately if there is no change in members of special populations benefit from complete. the prescription’s specifications, Federal education investments. The intent of While this legislation provides a minimum regardless of whether or not the patient re- this legislation is to focus on achievement for standard regarding prescription release, it is quests a copy of the prescription. Such a pre- special populations and to ensure that they likely that some States will experiment with scription shall expire 2 years from the date have the chance to participate in quality pro- additional ways, such as immediate release of of its issue unless the prescriber otherwise grams. The legislation requires that the State specifies based upon the medical judgment of describe in its plan how it will serve special prescriptions, to advance the ability of con- the provider. sumers to purchase high quality contact lens populations, and uses a substate allocation (b) DEFINITIONS.—For purposes of sub- formula that drives funds to the neediest products at the most competitive prices. This section (a): legislation allows States to continue to under- (1) The term ‘‘prescription’’ means the schools and communities. States must gather take such efforts. We in Congress would serve specifications necessary to obtain contact and disseminate data on the effectiveness of our constituents well if we continue to monitor lenses and includes data on the refractive services and activities in meeting the needs of these State efforts and follow-up with addi- status of patient’s eyes and clearly notes women and special populations. They must re- tional Congressional action if appropriate. that the patient is suitable for contact view applications and grants to ensure that the lenses. needs of women, minorities, and other special I'd like to take a moment to provide some (2) The term ‘‘prescriber’’ means an oph- background to ``The Contact Lens Prescription populations are addressed. They must work to thalmologist or optometrist who performs eliminate bias and stereotyping in education, Release Act of 1995.'' eye examinations under a license issued by a In 1989, the Federal Trade Commission State. and recommend best practices for serving [FTC] restated their requirement that eyeglass (3) The term ‘‘contact lens fitting process members of special populations and for train- lens prescriptions be released by ophthalmol- is completed’’ means the process which— ing for nontraditional jobs. States must set ogists and optometrists. In the FTC's ruling on (A) begins after the initial eye examina- performance goals for students and provide eyeglasses, their comments explaining why tion and includes an examination to deter- reports on their progress in achieving their mine what the lens specifications should be, goals, including information on the progress of they did not require the release of contact lens the purchase of lenses, and an initial evalua- prescriptions is instructive for why this legisla- students who are members of special popu- tion of the fit of the lens on the patient’s lations. tion is necessary today. The Commission eyes and follow-up examinations, and found the following: (B) is completed when the prescriber is sat- I am committed to ensuring that students While the record suggests that it is not un- isfied that a successful fit has been achieved. who are members of special populations re- common for practioners to refuse to give pa- SEC. 3. EFFECT ON STATE LAW. ceive quality services and the assistance they tients copies of their contact lens prescrip- The prescription release requirement of need to achieve the necessary skills to be tions, and that resulting costs to consumers section 2 does not affect any State law which successful. We intend to scrutinize this issue could be significant, we do not believe that the permits the release of prescriptions for con- as legislation moves through the committee April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 827 process to ensure that every effort is made to The plan will eliminate the corporate mini- those recipients earning more than $34,000 or meet the needs of educationally disadvan- mum tax and change the rules on deprecia- couples earning $44,000. taged young women and men. tion, significantly boosting the deficit beginning Coupled with that change, I believe that we Let me highlight some other key features: in the year 2001. should also increase the amount that Social First, the bill will encourage States to use For example, the depreciation changes will Security recipients can earn without losing their vocational education, elementary and actually increase revenues slightly between their benefits. I think that raising that ceiling secondary education, and second-chance pro- 1996 and 2000, but cause a revenue loss of from $11,000 to $30,000 over the next 5 years gram funds to develop comprehensive, quality more than $120 billion between the years is a good idea. school-to-work and education systems. 2001 and 2005. I emphatically support a meaningful capital Second, it proposes a State grant and a na- Only a small fraction of the tax breaks em- gains tax reduction. I strongly believe that tional program authority, and it will increase bodied in the billÐlike indexing capital gains such a cut would provide a major boost to the amount of the formula-driven State grant for inflation, which I supportÐwill sufficiently economic investment in the country and would distributed to schools and colleages. stimulate the economy to begin to pay for be beneficial to individuals of all income lev- Third, it proposes that vocational education themselves. els. support the development of the in-school part This year, interest on our national debt to- Both individuals and corporations hold on to of school-to-work opportunity systems. tals $235 billion. It is the third largest portion assets that have appreciated because they Nonetheless, as I introduce this legislation, of the Federal budget. By 1997, it will overtake are unwilling to pay the Government almost 40 there are several areas where I continue to defense spending as the second largest por- have concerns, and I look forward to working tion of the Federal budget, second only to So- percent of the profits from their investment. with our colleagues on many of these provi- cial Security. This means that money that could be used for sions as this bill proceeds through the legisla- Why? Largely because in 1981, the Reagan new investment or reinvestment remains tive process. Among these concerns are: administration sought to provide tax cuts and locked into these assets and thus unavailable The Perkins legislation should build more on increased defense spending before deficit re- for the kinds of purposes that would help the vocational system in place and improve duction. And Congress went along with it. The boost economic growth across the country. upon those systems. result was an explosion in our annual budget But as much as I support these particular Section 101 and 103ÐI want to work with deficit from $40 billion in 1981 to nearly $300 items, I could not, in good conscience, vote for our colleagues to strengthen these sections billion in 1992; and an increase in the national a tax cut bill that will explode the deficit and and write them so that the Federal investment debt from approximately $1 to $4 trillion. result in massive tax increases to our children is more focused and States and locals are With the exception of tax cuts which truly and grandchildren. held accountable for implementing the prior- pay for themselves, tax cuts should be our re- What few specific cuts that the new con- ities. ward after we cut the deficit. But until we get gressional leadership has specified to partially Section 104ÐI would like to see standards our fiscal house in order, it is irresponsible to pay for these tax breaks will have a drastic, and limitations in the section permitting States engage in a frenzy of tax cuts that are not negative impact on New York City's economy. and local education agencies to combine credibly paid for. Overall, the Republicans intend to squeeze funds for any purpose in order to carry out We have made great progress in deficit re- $62 billion from their welfare reform bill to pay services and activities. duction since President Clinton took office. We for a portion of their tax cuts. In my opinion, Section 113ÐI have another concern with have reduced the deficit for 3 consecutive that billÐwhich among many other things, cuts regard to the option for States to develop al- years, thanks to the budget package that I school lunches and takes away protection for ternative formulas to distribute funds to local voted for in 1993. In so doing, we are reduc- children in foster careÐis an unmitigated dis- education agencies. ing the cruelest tax of all on our children. Now aster. f is precisely the wrong time to take a U-turn on I voted for a Democratic welfare reform bill our road to successful deficit reduction. OPPOSING THE REPUBLICAN TAX that offered welfare recipients the tools of eco- That being said, there are several individual PLAN nomic empowermentÐtraining, education, tax cuts in the package which I think are im- child careÐto help them get back to work and HON. CAROLYN B. MALONEY portant and I might well have supported were take charge of their lives. The bill demanded they stand-alone bills that were responsibly work, responsibility, and child support. That OF NEW YORK paid for. It is likely that the Senate will over- IN THE HOUSE OF REPRESENTATIVES Democratic substitute could be described as haul this plan, restoring fiscal sanity to it be- ``tough love.'' The Republican bill just told de- Thursday, April 6, 1995 fore it comes back to the House for a final fenseless children, ``tough luck.'' Mrs. MALONEY. Mr. Speaker, I rise to ex- vote. If so, I will strongly consider voting for a It won't fix what is wrong with the welfare plain my opposition to the tax and spending bill or bills which include various forms of tax system. It won't empower people to go to cut plan offered by the Republican leadership. relief. work. It will only put families with children out I have always supported expanding IRA There are several individual tax cuts in this on the street, which will increase homeless- contributions, so that all Americans will be en- bill that I support. Unfortunately, all tax cuts ness and desperation in New York City and couraged to save. I also support allowing fami- were lumped into one bill and could not be damage quality of life for all of its residents. lies to use their IRAÐwithout penaltyÐfor pur- voted on separately, due to the procedural The cuts from the GOP welfare plan will chasing their home, in the event of illness or rule under which the bill was debated. take more than $6 billion in Federal aid from Therefore, Members were compelled to vote to help pay for the education of a spouse, child, or grandchild. the city and will cost tens of thousands of chil- ``yea'' or ``nay'' on the entire plan. In the final drenÐincluding many in my districtÐtheir analysis, the plan as whole was fiscally irre- Since I came to Congress in 1993, I have basic nutritional benefits. sponsible, extremely damaging to New York been an advocate of reducing the marriage I recently issued a study on the welfare City, and not in the long-term best interest of penalty, which charges couples more taxes plan, which was reported in the New York our children and grandchildren. than if they were two unmarried people filing Over the next 5 years, this bill will cost more independently. I have worked closely with my Times, that stated the following: $189 billion dollars, and over 10 yearsÐbe- good friend, Congressman JIM MORAN, and Through cuts to Aid to Families with De- cause of the corporate tax giveaways tucked have cosponsored legislation that would com- pendent Children: into the legislationÐthat cost will rise to as pletely eliminate this problem. New York City will lose $1.3 billion because much as $600 billion. In 1993, I was one of the staunchest oppo- title I freezes Federal funding at fiscal year The bill provides only the most illusory plan nents of the provisions in the Omnibus Budget 1994 levels over the next 5 years. That will re- of how to pay for these tax breaks in the first Reconciliation Act to raise the amount of So- sult in over 280,000 New York City children 5 years. The specifics that the new leadership cial Security benefits that could be taxed on losing their AFDC benefits through the has provided are devastating to urban areas in recipients earning more than $25,000 a year planned Republican family-cap and time-limit general and to New York City in particular. or couples earning more than $32,000 a year. provisions. Further, the plan offers no provision whatso- I was very proud to play a role in changing New York City will lose $62 million in child ever to deal with budget-busting corporate tax those thresholds, thus sparing thousands of care assistance because of the proposal's breaks in the second 5 years, when the deficit middle-class recipients around the country funding level cuts for fiscal year 1996 to 2000, is projected to skyrocket specifically because from a tax increase. And I continue to support resulting in 10,504 New York City children los- of those tax breaks. rolling back the increased benefits tax on ing child care. E 828 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 New York City will lose $200 million in fund- The Budget Committee's scheme to elimi- On April 1st, 1995, my little town will be ing for child nutrition provisions, including the nate the National Endowments for the Arts the center of the universe. There will be a school lunch and school breakfast programs, and Humanities will not only result in a nation joyous homecoming of people who once lived meaning that 60,000 New York City children that is culturally poorer and spiritually malnour- within my borders and who will return for ished, but will result in New York City losing my one hundredth birthday. They’ll cele- will be dropped from the school lunch program brate together with the residents by dancing, because projected funding levels under the a total of $259.1 million in grants over the next eating tasty food, enjoying a patriotic pa- welfare plan won't be able to keep up with an- 5 years. rade and especially by greeting friends they nual 3.5 percent inflation and annual 3-percent This is just a sample of what Republicans haven’t seen for a while. increases in school enrollments by fiscal year are suggesting that Congress cut in order to There’ll be lots of smiles, hugs and hand- 2000. pay for this tax cut plan. And when all of these shakes. They’ll speak of friends that have Of the 641,000 New York City children en- harsh cuts are made, this country will still be died and maybe even take time for a rolled in the school lunch program, 522,000 of saddled with a growing deficit that the new thoughtful walk through the well-kept ceme- these children, the children who receive free House leadership does not even make a pre- tery. tense of addressing. Perhaps they’ll recall leaders of the lunches, may be forced to begin paying for Folkston community who made lasting im- lunch, with money they simply do not have. And, this bill contains one final indignity for New York City. Tens of thousands of families, pressions on their lives. People like Dr. Of the 170,000 New York City children en- McCoy, Mrs. Belle Roddenberry, L.E. Stokes, including more than 6,000 in my district alone, rolled in the school breakfast program, Miss Mayme and John Harris, William 154,000 of these children, the children who re- will have to pay for a $10 billion tax increase Mizell, Mary Stokes Davis, Scott and Ralph ceive free breakfasts, may be forced to begin through changes to the retirement system that Johnson, Tom Gowen, John Southwell and paying for breakfast, with money that they will more than triple the cost to Federal work- others. And they will have good stories to simply do not have. ers. tell about those leaders, stories worth re- New York City will lose over $35 million in Mr. Speaker, as I said earlier, none of these membering, that can be used in Sunday funding for family-based nutrition provisions. spending cuts will go to deficit reduction. School rooms later when they study what in- tegrity means. The 316,000 children who participate daily While it is widely recognized by both political parties that the deficit is the cruelest tax of all, I won’t be able to hear all that’s going on in the Summer Food Program will see their because I will be resting in a file somewhere, food budgets cut by 50 percent as the result the Republican plan provides absolutely no tax relief from it. but my spirit is alive and well in this south- of massive cuts under the House-passed pro- We must not repeat the irresponsible tax eastern Georgia bit of heaven. visions. I was really born as the Town of Folkston cuts of the 1980's, which have been so disas- The 85,000 children who participate daily in in April, 1895, but before that date the Vil- trous for our economy. And I believe that yes- day care food programs will also see their lage of Folkston was here. As the cry of a terday's vote will result in greater deficit in- food funding drop by 50 percent. new-born baby signals a brand new life, the creases. New York City would lose $1.75 billion in wail of a steam engine on the newly-laid I have little faith that having now passed food stamp assistance through the Republican rails of the S.F & W. Railroad brought folks some harsh cuts to pay for the popular part of together and when stores and homes were funding level cuts over 5 years. the Contract With America, the Republican built near the covered platform called ‘‘The One million four-hundred thousand New majority will not have the stomach or incentive Station’’, the Village of Folkston was born. York City food stamp recipients would see to vote for even more unpopular cuts to Fed- That first loud train, scaring people and ani- their food stamps allotment decrease begin- eral programs to further reduce the deficit. mals alike, thundered through what is now ning in fiscal 1996; 640,000 of these recipients Reinforcing my concerns about repeating Folkston on March 30, 1881. Why, that’s the are children. By the year 2000, food stamp au- the mistakes of the 1980's is the fact that the same year President James A. Garfield began his term of office and the year the painter thorizations will decrease by at least 30 per- Republicans have pledged to increase de- cent compared to current projected levels of Pablo Picasso was born! fense spending again. Fourteen years later the village had a need. In all, Mr. Speaker, April 5 was a lost oppor- New York City would lose over $760 million splendid depot, large Masonic Lodge, at least tunity. six stores, two hotels, cotton gins, grist mill in SSI benefits over 5 years under the welfare A lost opportunity for those of us who want- and homes for the nearby families. It was no plan which means that 22,500 blind and dis- ed to vote for tax cuts that would be both pru- longer called ‘‘The Station’’ but had been abled children in New York City alone would dent and beneficial to the economy. named for Dr. W.B. Folks of Waycross and lose all benefits over 5 years, including AFDC And, most importantly, a lost opportunity to called at first, ‘‘Folkstown’’ and quickly and JOBS work training. help future generations of Americans who will shortened to ‘‘Folkston’’. This litany describes just one-third of how pay for this tax folly. Ultimately, it is our chil- As the men of the village, always eager to the Republicans plan to pay for this tax plan. dren and grandchildren who will suffer the ill argue the merits of their favorite horse, leaned on the fence of the Roddenberry Hotel To make matters worse, the lion's share of the effects of the 104th Congress excesses here cutsÐ$100 billionÐare coming through broad livery stable in the spring of 1895 and dis- yesterday night. cussed events of the times, the main topic reductions in spending caps. f Although the individual, specific cuts are to must have been local government and how to have some control over clearly illegal situa- JUST A PIECE OF PAPER be made later, the Budget Committee has of- tions. They needed strict rules that would fered some suggestions concerning what pro- make it unlawful for anyone to indulge in grams to cut in order to meet these new HON. JACK KINGSTON card playing or dancing on the Sabbath; spending cap reductions. These so-called sug- OF GEORGIA rules that made it against the law to fasten gestions add to the damage done to New York IN THE HOUSE OF REPRESENTATIVES horses or mules to shadetrees or buildings in City by the Republican welfare bill. Thursday, April 6, 1995 such a way that folks couldn’t walk on the The chairman of the Budget Committee pro- sidewalk or get in the door of a store. And poses slashing mass transit, which all New Mr. KINGSTON. Mr. Speaker, on April 3, they needed men elected by the majority of Yorkers need to get from one place to an- 1895, one of the great cities of Georgia's First the other men of the village to be the ones to other. The suggested cut will take almost $.5 Congressional District and indeed America enforce these rules. So, on the 26 day of March, 1895 a referen- billion out of New York City over the next 5 was born. The following article, written by Mrs. Lois Barefoot Mays talks about this event and dum was held, seeking the will of the people. years. A decision was to be made: did they really The Republicans suggest eliminating the celebration of the Folkston, GA, U.S.A. centennial parade last Saturday on April 1. want a charter with printed laws with which LIHEAP, which provides heat in wintertime to to abide, or did they want to continue as just low-income senior citizens and low-income [From the Charlton County (GA) Herald, a group of families brought together by the Mar. 1, 1995] families who are among our most vulnerable common bond of living close to the railroad JUST A PIECE OF PAPER citizens. This ill-advised proposal will take tracks. (By Lois Barefoot Mays) close to $520 million out of New York City Results of the election were probably pre- over the next 5 years. To see me from afar, you would think I was dicted beforehand. Thirty-two men voted on just an ordinary piece of paper. But I’m very that day and those thirty-two men voted a They suggest cutting medical research by special. Why, I’m one hundred years old and resounding unanimous ‘‘YES, we want to be the National Institutes of Health, which will still going strong. I am the charter for a real TOWN of Folkston.’’ Three of the com- take more than $153.6 million out of New York Folkston, Georgia, United States of Amer- munity’s leaders, J.S. Mizell, H.S. Matox and City's research institutions like Rockefeller ica, North American Continent, God’s little H.A. Renfroe were election superintendents University, Sloan Kettering and NYU. blue planet Earth, the Universe. that important day and immediately a short April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 829 petition was drawn up, which twenty-three THE OSHA CONSULTATION been just the latest sad chapter of a 36-year men signed, asking the Charlton Superior AUTHORIZATION ACT OF 1995 saga. The suffering faced by those brave Court for permission to incorporate. rafters did not end when they were rescued Eight days later, on April 3rd, 1895, prob- HON. JAMES A. HAYES from their rafts or when the television crews ably as the first order of business of Superior went home. Because of circumstances beyond Court Judge, J.W. Sweat at the April term of OF LOUISIANA court of Traders Hill. I was born. The order IN THE HOUSE OF REPRESENTATIVES their control, many are still suffering today creating me as the Town of Folkston was Thursday, April 6, 1995 from privations and indefinite detention. From the onset of this latest crisis, the scratched with quill pen and ink on this Mr. HAYES. Mr. Speaker, the Occupational yellowed sheet of ruled paper and signed by young men of the Belen Jesuit Key Club have Judge Sweat. Safety and Health Administration's [OSHA] been sacrificing and working to help alleviate So that’s who I am—just a folded paper Consultation Services [OSHCON] currently de- the many hardships faced by these brave Cu- document—an object that means home and rive their authority from a shaky regulatory bans. Among other things, these selfless high life-long friends to those who once lived framework. OSHCON programs compete for school students have bottled water to be within my borders . . . but to those fortu- very limited dollars with other OSHA education dropped to rafters while they were still at sea, nate ones who enjoy the privilege of strolling and training compliance assistance programs. collected donations for pillows, pencils, and my sidewalks, or talking daily with friends Therefore, in an effort to enhance the Federal paper for those in the camps, and traveled made fifty years or more ago, or the Government's responsiveness to the business themselves to the camps to help distribute aid. unexcelled pleasure of standing on the depot community and to provide more effective solu- Most importantly Mr. Speaker, it should be porch hearing and watching a mile-long tions to the problems impacting safety and train roar through Love, Main and Martin noted that these young men continue to dem- health in the workplace, I, along with my col- onstrate time and time again their concern and Streets all at once. I’m a sacred piece of league Congressman CASS BALLENGER, am in- humanity towards those who are suffering. paper. . . . I’m the best! troducing the Occupational Safety and Health In fact, right now I’m the center of the They truly exemplify the Jesuit ideal and can Administration Consultation Authorization Act universe! be called ``men for others''. We as a country of 1995. must be proud to have such men in our soci- Our bill would, simply put, statutorily codify f ety. I for one am privileged that they reside in the authority of the Department of Labor to es- my community. DR. L.D. BRITT, 1995 RECIPIENT OF tablish the current scheme of cooperative THE GREAT AMERICAN TRADI- agreements with States. There is overwhelm- f ing and widespread support for our language TIONS AWARD METRO ARBITRATION RELIEF ACT amongst representatives of both large industry and small business, officials from the Occupa- HON. ROBERT C. SCOTT tional Safety and Health Consultation Pro- HON. FRANK R. WOLF grams, and the Administration. OF VIRGINIA OF VIRGINIA Businesses in Louisiana and throughout the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES country convey to me horror stories about the burdens that OSHA standards and paperwork Thursday, April 6, 1995 Thursday, April 6, 1995 requirements impose upon their fiscal stability Mr. WOLF. Mr. Speaker, today I am intro- Mr. SCOTT. Mr. Speaker, on behalf of the without producing discernable corresponding ducing legislation for myself and Mr. DAVIS of B'nai B'rith Foundation of the United States, I benefits to safety and health. They would wel- Virginia, to provide financial relief to the Wash- am pleased to announce that Dr. L.D. Britt is come initiatives that seek to distribute informa- ington Metropolitan Area Transit Authority a 1995 recipient of the Great American Tradi- tion on safety and health in a more timely and [WMATA] and to the citizens of the Washing- tions Award. efficient manner. Businessmen realize that ton metropolitan area by allowing for more Dr. Britt, a renown surgeon and educator, safe employment practices enable them to flexibility in resolving labor disputes. Under the compete for and retain the most qualified em- serves as Professor, Chairman of General interstate compact establishing Metro, ployees. Surgery, and Chief of Trauma and Critical WMATA must have a balanced budget and State run consultation offices are over- Care at Eastern Virginia Medical School. He is Metro cannot provide service unless there are worked and understaffed. OSHA has consist- funds to pay for it. These funds are becoming also Medical Director for the Shock Trauma ently failed to allocate adequate resources to Center at Sentara Norfolk General Hospital, is more and more pinched by rising labor costs OSHCON programs. With the proposed fiscal that threaten the affordability of the Metro sys- a general surgeon in the Norfolk and Suffolk year 1996 budget request, we are again faced Virginia area and serves on the boards of Nor- tem for the ridership. with a budget recommendation heavily slanted Labor costs at Metro are among the highest folk State University and the University of Vir- toward enforcement rather than compliance ginia. in the Nation in terms of operator salaries and assistance. We owe businesses and employ- benefits. For example, starting operator wages He received a B.A. from the University of ees alike the opportunity to work in a safe en- for bus drivers in New York City are $12.35 Virginia, a M.P.H. from the Harvard School of vironment. We can and should redirect our pri- per hour compared to $13.76 in the District. Public Health and a M.D. from the Harvard orities toward productive and pro-active strate- The average annual wage for a Metrobus op- Medical School. gies, such as consultation assistance, and erator is currently $45,683. This is higher than But as great as they are, Dr. Britt's profes- away from the reactive and cumbersome the average wage for teachers in our area and sional accomplishments are not the reason he overregulatory approaches of the past. is more than a GS±12 starting salary for many was chosen for this award. What distinguishes I welcome my colleagues to join Mr. professionals in the Government. With over- Dr. Britt from other accomplished men and BALLENGER and I in our fight to ensure the time, Metrobus operator salaries can approach women is his tireless service to the Tidewater successful continuation of a health and safety $60,000 to $70,000 per year, the equivalent Virginia community. program that works. salary of a GS±14 or GS±15 or an assistant He has given freely of his time, talents, and f school principal. resources to others. From church, to Boy BELEN JESUIT SCHOOL KEY CLUB In addition, Metro salaries and benefits are Scouts, to cultural institutions, Dr. Britt has far higher than other transit operators in the worked to bring all elements of the Tidewater HON. LINCOLN DIAZ-BALART region when compared with bus operators community together regardless of race, eth- such as Montgomery County Ride-On or Fair- nicity, or religion. It is in that tradition that the OF FLORIDA IN THE HOUSE OF REPRESENTATIVES fax Connector and Dash. The average annual proceeds from his award dinner will go to the wage for Ride-On, DASH, and Connector op- Dr. L.D. Britt Young Leaders Scholarship Thursday, April 6, 1995 erators is $27,148, $25,459, and $23,400 re- Fund. Mr. DIAZ-BALART. Mr. Speaker, I rise today spectively. These high comparative costs have Dr. Britt finds the time to give so freely of to pay special tribute to the Belen Jesuit made it very expensive for local governments himself to others because he believes that we School Key Club and their continuing meritori- to continue to contract with Metro bus service. should reach out to those around us. It is for ous service and assistance in providing relief As a result, local governments are increasingly this spirit of giving to others that Dr. L.D. Britt to refugees from tyranny. choosing to provide their own service leaving is presented with the Great American Tradi- As my colleagues are aware, the massive Metro with fixed overhead costs to distribute tions Award. Cuban exodus that occurred last summer has among shrinking bus services. E 830 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 This bill will allow arbitrators to take these ating subsidy payments that could result in fur- (A) the arbitration of disputes, regarding local factors into consideration when evaluat- ther bus service reductions or route termi- the terms and conditions of employment, ing wage scales. As a result, we will be simul- nations on a very broad scale. Metro bus serv- that is required under an interstate compact taneously maintaining an affordable transit governing an interstate compact agency op- ice has already been reduced by $5 million to erating in the national capital area; and system, reducing the risk of massive job meet current budget needs. (B) does not include the interpretation and losses, and introducing more competition into As Metro general manager Lawrence Reuter application of rights arising from an existing area transit. This is a workable, practical and recently testified before the Transportation Ap- collective bargaining agreement; fair solution as we address the budget prob- propriations Subcommittee on which I serve, (2) the term ‘‘arbitrator’’ refers to either a lems facing both the District and public transit Metro is working closely with Maryland, Vir- single arbitrator, or a board of arbitrators, in our area. ginia, the District of Columbia, and Members chosen under applicable procedures; As fares increase, ridership dwindles and a of Congress from this region to minimize the (3) an interstate compact agency’s ‘‘fund- ing ability’’ is the ability of the interstate downward spiral continues. Metro manage- impacts of the District's financial crisis on Met- ment has testified before the Transportation compact agency, or of any governmental ju- ro's ability to provide transit service throughout risdiction which provides subsidy payments Appropriations Subcommittee that it is close to the region. As we work to find better solutions or budgetary assistance to the interstate the point where higher rates will mean more for the District of Columbia, providing more compact agency, to obtain the necessary fi- Metro riders will return to their cars. For exam- flexibility to Metro in labor disputes will assist nancial resources to pay for wage and benefit ple, a single mother traveling from Vienna, VA, in the bigger financial picture for the District. increases for employees of the interstate to downtown will spend approximately $8.50 H.R. — compact agency; ($) the term ‘‘interstate compact agency per day in parking and Metro faresÐnearly Be it enacted by the Senate and House of Rep- $200 per month. For a GS±7 earning some operating in the national capital area’’ resentatives of the United States of America in means any interstate compact agency which $24,000, and netting perhaps $1600±$1700 Congress assembled, per month, this cost amounts to one-eighth of provides public transit services; SECTION 1. SHORT TITLE. (5) the term ‘‘interstate compact agency’’ take home pay. This Act may be cited as the ‘‘National means any agency established by an inter- Affordable public transportation is essential Capital Area Interest Arbitration Standards state compact to which the District of Co- to the economic vitality of the Washington Act of 1995’’. lumbia is a signatory; and metropolitan area and to reviving the sagging SEC. 2. FINDINGS AND PURPOSES. (6) the term ‘‘public welfare’’ includes, economic fortunes of our Nation's Capital. (a) FINDINGS.—The Congress finds that— with respect to arbitration under an inter- Many low income and working individuals and (1) affordable public transportation is es- state compact— families depend upon public transportation as sential to the economic vitality of the na- (A) the financial ability of the individual their primary means of travel. However, use of tional capital area and is an essential com- jurisdictions participating in the compact to pay for the costs of providing public transit mass transit is substantially affected by the ponent of regional efforts to improve air quality to meet environmental requirements services; and fares charged for such mass transit services. and to improve the health of both residents (B) the average per capita tax burden, dur- Currently more than two-thirds of the cost of of and visitors to the national capital area as ing the term of the collective bargaining the Metro system is attributable to labor costs. well as to preserve the beauty and dignity of agreement to which the arbitration relates, Metro labor costs have increased at an alarm- the Nation’s capital; of the residents of the Washington, D.C. met- ing rate and are among the highest in the Na- (2) use of mass transit by both residents of ropolitan area, and the effect of an arbitra- tion. Salaries for Metro have gotten out of line and visitors to the national capital area is tion award rendered pursuant to such arbi- with many other occupations in the area and substantially affected by the prices charged tration on the respective income or property tax rates of the jurisdictions which provide with local bus systems. When evaluating and for such mass transit services, prices that are substantially affected by labor costs, subsidy payments to the interstate compact balancing competing needs, there has to be since more than 2⁄3 of operating costs are at- agency established under the compact. more flexibility in this area. That is what this tributable to labor costs; SEC. 4. STANDARDS FOR ARBITRATORS. legislation will do. It will provide for more con- (3) labor costs incurred in providing mass (a) FACTORS IN MAKING ARBITRARY sideration to be given to the impact that wage transit in the national capital area have in- AWARD.—An arbitrator rendering an arbitra- increases have on the ability of transit patrons creased at an alarming rate and wages and tion award involving the employees of an and taxpayers to fund the increases through benefits of operators and mechanics cur- interstate compact agency operating in the subsidies or at the fare box. This act will adopt rently are among the highest in the Nation; national capital area may not make a find- standards governing the arbitration process (4) higher operating costs incurred for pub- ing or a decision for inclusion in a collective lic transit in the national capital area can- bargaining agreement governing conditions when resolving disputes involving Metro labor not be offset by increasing costs to patrons, issues. of employment without considering the fol- since this often discourages ridership and lowing factors: Over the past 5 years, Metro has reduced thus undermines the public interest in pro- (1) The existing terms and conditions of staff by more than 500 positionsÐalmost 10 moting the use of public transit; employment of the employees in the bar- percent of the workforce. In the past year (5) spiraling labor costs cannot be offset by gaining unit. alone, it has cut over 250 positions, bringing the governmental entities that are respon- (2) All available financial resources of the the current personnel level to that in 1988, sible for subsidy payments for public transit interstate compact agency. even though Metro has increased rail service services since local governments generally, (3) The annual increase or decrease in and the District of Columbia government in consumer prices for goods and services as re- by 64 percent since that time. But labor costs particular, are operating under severe fiscal still are the major driver of increasing fares. If flected in the most recent consumer price constraints; index for the Washington, D.C. metropolitan fares continue to increase, ridership will de- (6) imposition of mandatory standards ap- area, published by the Bureau of Labor Sta- cline and other competitive systems will enter plicable to arbitrators resolving arbitration tistics of the United States Department of the system further driving down Metro rider- disputes involving interstate compact agen- Labor. ship. cies operating in the national capital area (4) The wages, benefits, and terms and con- At a time when we are facing severe budget will ensure that wage increases are justified ditions of the employment of other employ- limitations, we must think more creatively and do not exceed the ability of transit pa- ees who perform, in other jurisdictions in the trons and taxpayers to fund the increase; and Washington, D.C. standard metropolitan sta- about how transit agencies can manage (7) Federal legislation is necessary under scarce Federal dollars. We must also face tistical area, services similar to those in the Article I of section 8 of the United States bargaining unit. budgetary realities before they reach the crisis Constitution to balance the need to mod- (5) The special nature of the work per- point. The current labor costs put the future of erate and lower labor costs while maintain- formed by the employees in the bargaining the Metro system on a collision course with ing industrial peace. unit, including any hazards or the relative the Metro ridership public. Already we have (b) PURPOSE.—It is therefore the purpose of ease of employment, physical requirements, strongly competitive bus service in the area this Act to adopt standards governing arbi- educational qualifications, job training and resulting in decreased bus ridership of Metro tration which must be applied by arbitrators skills, shift assignments, and the demands resolving disputes involving interstate com- placed upon the employees as compared to buses. When ridership goes down, jobs are pact agencies operating in the national cap- lost and those in the areas with the least alter- other employees of the interstate compact ital area in order to lower operating costs for agency. natives for transportation suffer the most. public transportation in the Washington (6) The interests and welfare of the em- These areas usually serve the most economi- metropolitan area. ployees in the bargaining unit, including— cally disadvantaged neighborhoods. SEC. 3. DEFINITIONS. (A) the overall compensation presently re- The financial difficulties faced by the District As used in this Act— ceived by the employees, having regard not of Columbia threaten the ability to make oper- (1) the term ‘‘arbitration’’ means— only for wage rates but also for wages for April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 831 time not worked, including vacations, holi- HONORING THE CESAR CHAVEZ new existence in a peaceful manner. No riots days, and other excused absences; WRITING CONTEST AWARD WIN- or destruction, only marches and calm dem- (B) all benefits received by the employees, NERS OF THE EAST SIDE UNION onstrations. Usually human nature turns including previous bonuses, insurance, and HIGH SCHOOL DISTRICT people to the dark side of things. It is uplift- pensions; and ing to learn about someone who wanted only (C) the continuity and stability of employ- to help and made sure that he didn’t hurt ment. HON. ZOE LOFGREN anyone in the process. (7) The public welfare. OF CALIFORNIA No facts or figures, just feelings. That is what binds us together and that is what cre- (b) COMPACT AGENCY’S FUNDING ABILITY.— IN THE HOUSE OF REPRESENTATIVES ates a bond in my mind and heart. I never An arbitrator rendering an arbitration award Thursday, April 6, 1995 really knew who he was, and the bits and involving the employees of an interstate Ms. LOFGREN. Mr. Speaker, I rise today to pieces I had grasped had little to do with my compact agency operating in the national recognize the remaining winners of the first life. Now I know who he was and what he did. capital area may not, with respect to a col- I know that he was humble to the core and lective bargaining agreement governing con- annual Cesar Chavez writing contest held by the East Side Union High School District in self-sacrificing in all that he did and a truly ditions of employment, provide for salaries great man. and other benefits that exceed the interstate San Jose, CA. I had the great privilege of at- compact agency’s funding ability. tending the award ceremony honoring the stu- THE LIVES OF WORKERS (c) REQUIREMENTS FOR FINAL AWARD.—In dent winners on March 31, 1995, and would (By Mark Papellero, W.C. Overfelt High resolving a dispute submitted to arbitration like to continue sharing the essays and poems School) involving the employees of an interstate written by the student award winners with my 4:00 am compact agency operating in the national colleagues. Wake up! Time for work! capital area, the arbitrator shall issue a On April 4, 1994 I began by sharing the es- Here’s a piece of bread and tiny glass of pow- written award that demonstrates that all the says and poems of the grand prize winners der milk. factors set forth in subsections (a) and (b) and three of the first place winners. Yesterday, Now go or you’ll be late! have been considered and applied. An award I shared the five remaining first prize entries, 5:00 am may grant an increase in pay rates or bene- and the first three of eight second place win- Plow. Have to work hard. fits (including insurance and pension bene- ning entries. Today, I will share the remaining Plow. Need to support the family. Plow. Need to survive. fits), or reduce hours of work, only if the ar- five essays and poems of the second place bitrator concludes that any costs to the Plow. Simple. winners. agency do not adversely affect the public 6:00 am welfare. The arbitrator’s conclusion regard- The second prize winning essays and The sun rises. ing the public welfare must be supported by poems of Marie Aloy of Mount Pleasant High Plow. Plant. Need clean water. substantial evidence. School, Mark Papellero of W.C. Overfelt High Plow. Plant. Pesticides in my lungs. School, Raymond Ramirez of Piedmont Hills Plow. Plant. Tired. SEC. 5. PROCEDURES FOR ENFORCEMENT OF High School, Ester Martinez Estrada of Santa AWARDS. 7:00 am Teresa High School, and Anthonette Pena of The sun grows warm. (a) MODIFICATIONS AND FINALITY OF Silver Creek High School follow: Plow. Plant. Lift. Need to rest. AWARD.—In the case of an arbitration award Plow. Plant. Lift. Pesticide grows strong. to which section 4 applies, the interstate UNTITLED Plow. Plant. Lift. Sweat. compact agency and the employees in the (By Marie Aloy, Mount Pleasant High bargaining unit, through their representa- School) 8:00 am The sun is warmer. tive, may agree in writing upon any modi- It was all very irrelevant to me. I’m not a The grower comes. fications to the award within 10 days after farmer. I didn’t live during the Great Depres- He demands. He orders. He pushes. the award is received by the parties. After sion or the years following. I don’t grow fruit He is mad. He gets his way. the end of that 10-day period, the award, or pick it for that matter, and I’m not even with any such modifications, shall become of Hispanic descent. The dates and strikes 9:00 am binding upon the interstate compact agency, and marches are just another group of his- The sun gets hot. Plow. Plant. Lift. Carry. The work is too the employees in the bargaining unit, and tory facts that I am asked to know and much. the employees’ representative. memorize for one reason or another. So far Plow. Plant. Lift. Carry. I am the pesticide. (b) IMPLEMENTATION.—Each party to an my life and the life and accomplishments of Plow. Plant. Lift. Carry. The condition needs award that becomes binding under sub- Cesar Chavez have no relation or commonal- ity to bind him to my memory . . . except to change. section (a) shall take all actions necessary to Plow. Plant. Lift. Carry. Sweat and Ache. implement the award. for one thing. Something that I value greatly, that earns This treatment has to stop. We have to over- (c) JUDICIAL REVIEW.—Within 60 days after my genuine respect and admiration, I found come. an award becomes binding under subsection hidden in a comment made about the great Plow. Plant. Lift. Carry. Six more hours left. (a), the interstate compact agency or the ex- and greatly known Cesar Chavez. Actually it clusive representative of the employees con- was his nephew Rudy Chavez Medina who in- CHAVEZ Y LA CAUSA cerned may file a civil action in a court advertently helped me find my way to relate (By Raymond Ramirez, Piedmont Hills High which has jurisdiction over the interstate to Cesar Chavez. Rudy came and spoke to us School) compact agency for review of the award. The a few days ago about his famous uncle and court shall review the award on the record, mentioned offhandedly that his uncle Cesar Just a man and shall vacate the award or any part of the was never afraid to ask for help. He was not No more, No less award, after notice and a hearing, if— the type to put himself on a pedestal for ev- Victim of intolerance (1) the award is in violation of applicable eryone to worship. When a goal was achieved Who just wanted the best law; he didn’t credit it to his magnificent leader- For his people (2) the arbitrator exceeded the arbitrator’s ship. He praised everyone involved, and hum- The workers of the field powers; bly made himself equal to every individual With words of compensation (3) the decision by the arbitrator is arbi- in the crowd. In a position of such great For the crops that they yield trary or capricious; power I am amazed and in awe that this man La Causa or The Cause (4) the arbitrator conducted the hearing could remain so wonderfully humble. A movement without fear contrary to the provisions of this Act or The ‘‘equality’’ of the man staggered me. It was forged by its people other statutes or rules that apply to the ar- He had opportunities, as all celebrated lead- And it streamed like a tear ers do, to leap from poverty into a more bitration so as to substantially prejudice the They said it was impossible comfortable life. But I’m sure he knew that rights of a party; Pero si se puede hacer that separation between his life and the lives (5) there was partiality or misconduct by With hearts filled with determination of the farmers and laborers he inspired would the arbitrator prejudicing the rights of a Y amor para la mujer lessen his effectiveness as a leader. So he party; sacrificed his own comfort for the welfare of He carried on for years (6) the award was procured by corruption, the organization, for the thousands who Giving only of himself fraud, or bias on the part of the arbitrator; needed his guidance. He did it all for love or They say he is comparable to Gandhi and And cared nothing for wealth (7) the arbitrator did not comply with the took his passive resistance techniques from His presents was mighty provisions of section 4. Martin Luther King, Jr. as well. He never His movements was strong put peoples’ lives in danger. He wanted only And although he is gone a better world and envisioned achieving that His glory lives on! E 832 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 A HERO TO THE MEXICAN COMMUNITY this age, reality begins to take its toll and of the need for change without a commitment (By Ester Martinez Estrada, Santa Teresa we realize that if we really want to make a do anything to reform our truly warped system. High School) difference and lead a successful life there are We hear claims of the need for more fund- things which we must do to accomplish these No words I can write can describe how ing, without a commensurate willingness to at- Cesar Estrada Chavez dedicated his heart goals. Like Cesar Chavez, we must be willing to put ourselves on the line and uphold our tack the social pathologies which underlie and and soul to love and justice as we all know. are reinforced by our welfare system. Yes, we He was a leader that influenced strongly principles and defend our sense of morality. on rights. Cesar Chavez was a man who was not only need to preserve our sense of compassion, A man that went out there and suffered determined, but courageous as well. ‘‘The our commitment to help those who are tempo- with others day and night. only way is to keep struggling,’’ he says. rarily unable to help themselves. But compas- Cesar Chavez supported nonviolent actions ‘‘Fighting for social justice is one of the sion must come with common sense. It must on their part. For he declared, ‘‘truest act of most profound ways in which a man can say be coupled with a sense of vision and recogni- yea to man’s dignity, and that really means courage, the strongest act of manliness, is to tion of the need for change. Defending what sacrifice ourselves for others in a totally sacrifice. There is no way on this earth in which you can say yes to a man’s dignity and has not worked is not acceptable public policy. nonviolent struggle for justice,’’ and this We must conclude that spending dollars is not came from his heart. know that you’re going to be spared some Farmworkers gathered in his demonstra- sacrifice.’’ the same as creating solutions. A handout tions and his strikes to unite the true Mexi- f does not help. It perpetuates the dependency can pride. of the person seeking help. And that cannot A pride no Mexican individual can hide. PERSONAL RESPONSIBILITY ACT be construed as doing someone a favor. They came together for the security of jus- OF 1995 The campaign to paint Republicans as pil- tice in peace. lagers of the school lunch program is egre- They came together with strength to see SPEECH OF gious in its deliberate falseness and intent to their work environment rights be released. mislead. Of course, the opponents of this bill They came together to rise out of the HON. STEPHEN HORN fields and stand up and never sit ’till they fail to mention that spending on the WIC Pro- OF CALIFORNIA gram and the school nutrition program will be were treated with respect and good pay. IN THE HOUSE OF REPRESENTATIVES They came together to revise their situa- increased every year for the next 5 years. The tion and at least get minimum wage. Friday, March 24, 1995 school lunch program will rise 41¤2% each Cesar Chavez joined hands with his line of The House in Committee of the Whole year. These opponents fail to accept that, at Mexican blood without fear. House on the State of the Union had under some point, simply throwing more money at a Cesar Chavez led the Mexican community consideration the bill (H.R. 4) to restore the problem does not work. However, on a range hoping their aim and dream was near. American family, reduce illegitimacy, con- of issues, reasonable people may differ. The For they all knew that they had to start trol welfare spending, and reduce welfare de- democratic process we have in this House is today for the sake of the future’s eye. pendence: Together and always together they had to designed to ensure that those differences are rise. Mr. HORN. Mr. Chairman, all parties to this explored and debated, and then voted upon. Together they all struggled and prayed. debate acknowledge that our current welfare What makes this an important bill is that it Together they knew justice would serve system is flawed to the point of indefensibility. forthrightly addresses the two major issues in one day. It is a program that, despite the initial good in- the welfare debate: work and illegitimacy. This Cesar Chavez and his fellow farmworkers tentions of its founders, has spun out of con- bill ends the entitlement now current enshrined came out of nowhere and bewildered all on trol to the point where it now generally keeps in law that mandates cash payments even to their way to their destination. Without the help of Cesar Chavez, injustice too many people who are economically poor, those who refuse to work. In its place, tough would have gone on for generations. and ensures that their children will likely end work requirements are enacted. By the year Cesar died peacefully in his sleep and is up economically poor as well. 2003, 50 percent of the one-parent families now up in heaven. We have a welfare system that rewards not caseload will be required to be working. By He symbolized the brown pride and that working, instead of working. We have a sys- 1998, 90 percent of two-parent family welfare strength of respectible love. tem which, if not directly encouraging out-of- recipients must be working. All welfare recipi- Now is the time Mexicans can stand proud wedlock births, is certainly guilty of providing ents must be working after 5 years, and the and say, ‘‘My bond is Cesar Estrada Chavez the oxygen needed to spark illegitimacy into a States have the option of making that 2 years and no one can ask why.’’ full-fledged fire. We have a welfare system if they so choose. Contrast this to the current CESAR CHAVEZ which has led to the dissolution of the family, system, in which 65 percent of the 5 million (By Anthonette Pen˜ a, Silver Creek High which has pushed the father out of his duty families on welfare will be on welfare for 8 School) and responsibility to provide for his children, years or more, where the average length of As a young boy, Cesar Estrada Chavez ex- and then heaped sin upon error by ensuring stay for people on welfare at any given time perienced the hardships of being the son of a that critical child support payments are not col- is 13 years. Those statistics are unacceptable. migrant farm worker. As his family worked lected. We have a welfare system which per- Time limits and the teaching of skills so one in the crops, they learned hoe to survive in petuates a degrading and intergenerational can become self-sufficient are an integral part the harsh conditions such as lack of shelter, economic dependency. We have a welfare of ensuring that welfare dependency comes to money, and even food. Racism was also an system which has forgotten the need for per- an end. issue that affected his life. Although his fam- sonal responsibility and undercut the American On the issues of illegitimacy, this bill is ily were third generation Americans, because his ancestors are Mexicans, he was classified ethic of rewarding those who struggle to better equally clear-headed. Mothers under the age as a second-class citizen. themselves. Instead, we provide sustenance of 18Ðcommonly known as teenagersÐwho After working with the Community Serv- to those who are content to do nothing to im- have a child out of wedlock will be ineligible ice Organization from 1952 until 1962, he then prove their own condition. That must change. for Federal assistance. Thus, we end the per- moved on to found the National Farm Work- That will change. H.R. 4, The Personel Re- verse rewarding of children having children. er’s Association. Under the NFWA, he orga- sponsibility Act, is designed to do just that. Likewise, we prohibit the payment of additional nized nationwide boycotts of grapes, wine, Nothing like our discussion over how to re- benefits for children born to families already and lettuce in an attempt to pressure Cali- form our failed welfare system reveals the ide- on welfare. The taxpayer has no responsibility fornia growers to sign a contract which would increase the farm worker’s pay and ological chasm which exists in this House. to provide additional levels of financial support provide them with a minimum amount of Those opposed to the Republican-led welfare to those who cannot support themselves be- safety, Cesar Chavez became a symbol of reform effort have leveled accusations that this fore they choose to bring another life into the hope for the people. bill goes too far, that it is too extreme, that it world. Finally, no cash payments will be al- In particular, youth can look up to Cesar is mean-spirited, that it attacks children, that it lowed for mothers who refuse to help establish Chavez as a role model because it is at this makes cuts in welfare spending to make room the paternity of their child. point in our lives that we want to take an for tax cuts for the rich. Such attacks are to be Certainly, there will be instances when the active role in mending society’s flaws and expected, wrong as they may be. They come result of these changes will seem punitive, but begin to stand up for what we believe it. However, many of us are unsure of the role from those whose compassion is so misguided this step must be taken if we are to put an we should play and how far we are willing to that they are willing to perpetuate failure in end to children bringing into the world other go to stand by our decisions. As children, we face of the fear that the changes we propose children for whom they do not have the where- had the vision of making a difference and may place at risk those who already live in withal to care. Today, this new family is left had dreams of leading a successful life. At poverty. Thus, we hear claims of acceptance unable to cope for itself and is caught in a April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 833 cycle of dependency, bereft of the education, yesterday evening, includes a substantial re- I immediately introduced legislation to repeal the work training, the skills, and the resources duction in the Social Security earnings test, the Clinton Social Security tax, but it was un- to become self-supporting. How can anyone which unfairly penalizes seniors for working to fortunately stonewalled. I am very pleased that claim that putting an end to this reward is supplement their Social Security benefits. the Republican Contract With America in- harmful of children? I, for one, feel that we do If the November elections taught us any- cludes a full repeal of President Clinton's un- a great disservice to the lives of children by thing it was that the American people want to fair tax and that we have had the opportunity encouraging illegitimacy than we do by taking see their fellow citizens begin to take more re- to relieve seniors of this burden. steps to reverse this unsustainable, cruel tide. sponsibility for their personal circumstances. The tax cut bill also makes great strides to- The last major point of contention is the re- Many seniors want to do just that, but have ward improving the provision of long-term care turn of control of the welfare system to the been hindered from doing so by the Social Se- for seniors. Specifically, the bill provides a States through the use of block grants. Oppo- curity earnings test. $500 non-refundable eldercare tax credit to sition to these block grants reflects a philoso- The earnings test was instituted during the families caring for a dependent senior in their phy of Federal control, that believes at its core Great Depression when the Federal Govern- home. that States cannot and should not be trusted ment wanted to encourage older Americans Currently, 12.5 percent of our Nation's pop- to attend to the needs of their own residents. from remaining in the national work force and ulation is aged 65 and older. By the year It is a philosophy that I reject. We have built occupying much-needed jobs. Despite the fact 2030, when baby boomers peak in their gold- a Federal system that dares to presume that that this provision is clearly obsolete, it contin- administrative rules and a bureaucracy based ues to be an unfair penalty to industrious sen- en years, fully one-fifth of our population will in Washington, DC, have all the answers to iors. be in this age bracket. Already, American fam- the localized, individualized problems in States Essentially, seniors who earn more than ilies nationwide have been faced with the dif- ranging from California, to Maine, to Mis- $11,280 a year face a supplemental tax of 33 ficult decision of how to best care for an aging sissippi. The failure of the current system re- percent on that income. This is in addition to parent or relative within their financial means. veals the fallacy in that notion. the 7.65-percent FICA withholding tax and a As society ages, more and more families will The existing welfare system proves that the 15-percent Federal income tax, bringing a face this dilemma. creation of new program after new program is hard-working, low-income senior's tax burden Many aging adults, particularly those suffer- not an answer that works. In contrast, this bill up to nearly 56 percent. ing from Alzheimer's and other dementia, can- takes the reverse tack of consolidating the nu- How many times have we all heard from not lead a quality life without assistance and merous welfare programs into several targeted constituents who acknowledge that they can- constant care. Often the full-time attention and block grants. These dollars would be returned not survive on the meager Social Security individualized care these men and women re- to the States, with important but minimal Fed- benefits they are due? We cannot earnestly quire can only be found in a nursing home fa- eral standards, to be used in the manner that encourage these people to work to supple- cility or in the privacy of their family home. the States regard as the most efficient. I be- ment these benefits while simultaneously tax- Providing the care at home can be costly lieve that the States will be more fully able to ing them at a highly unfair rate. and time-consuming. However, this sort of adjust their welfare programs to the particular- Furthermore, the earnings test deprives the personalized care is preferable to many fami- ized needs without having to come to the Fed- American workplace of the talents and knowl- lies, especially since it affords a terrific oppor- eral Government to get approval to take the edge of our most experienced laborers. tunity to solidify the family unit. Children can necessary action. An approach that gives The Contract With America, through H.R. learn so much from the knowledge and experi- power to those closest to the problem is one 1215, increases the threshold at which the ences of their grandparents. And having a lov- that will work. earnings test kicks in to $30,000 in annual in- ing family around does a world of good for an Mr. Chairman, great change inevitably is ac- come over a 5-year period. ailing senior. companied by great controversy. Such is the While this does not represent perfect resolu- Last year, the Alzheimer's Association re- case with this bill. But if we are to reverse the tion on this issue, it is a step toward equity in ported that more than one-half of all working course of failure, if we are to refocus the wel- the workforce. In fact, I would encourage my Americans have either provided long-term fare program to one that requires work, one colleagues to continue to work toward a full care for their friends or relatives or believe that no longer rewards out-of-wedlock births, repeal of the earnings test, such as that rep- that it is likely in the near-future. The Contract one that requires fathers to participate in the resented by Representative HOWARD COBLE's With America's eldercare tax credit will go a financial well-being of their children, one that H.R. 201, of which I am a cosponsor. long way to help these well-intentioned people gives States the freedom and resources to de- In addition, the tax relief bill includes a full velop welfare programs that are compatible meet the needs of their loved ones. repeal of the 1993 Clinton tax increase on So- The tax cut bill includes other improvements with the welfare needs they see, one that cial Security benefits over a 5-year transitional helps restore a sense of values to our welfare in the long-term care market as well to make period. In the mid-eighties, Congress instituted it easier for seniors and their families to pur- system, then we must be bold. a tax on 50 percent of the Social Security ben- chase long-term care insurance. In 1990, sen- We can quibble around the edges. We can efits received by seniors earning $25,000 as iors aged 65 and older faced a 43 percent life- argue about funding levels. But the solution to individuals or $32,000 as couples. time risk of requiring nursing home care. By obvious failure is not to perpetuate the system Many of you voted against this taxÐas I 1992, the cost of such care was approximately responsible for that failure. Instead, we must didÐrecognizing it as a double taxation on $30,000 per year. change course and seek answers in new and seniors who had taken the initiative to plan innovative approaches. This bill does that. And and save for their retirement. However, in- Too frequently, seniors are caught between that is why H.R. 4Ðthe Personal Responsibil- stead of repealing this unfair and counter-pro- a rock and a hard place as they get older and ity Act has my support. ductive tax, President Clinton pushed through need this more constant medical attention. Pri- f Congress in the first months of his administra- vate long-term care insurance as it currently exists is often too costly to be comfortably ON HOW THE REPUBLICAN CON- tionÐand over the vote of every House and Senate Republican, I might addÐan increase within reach and Medicaid assistance is only TRACT WITH AMERICA HELPS available if they spend down their savings. AMERICA’S SENIORS in this tax. The Clinton tax package allowed 85 percent This measure provides seniors and their HON. CHRISTOPHER H. SMITH of the Social Security benefits received by families with the financial incentives they need seniors making only $34,000 per year to be to save for quality long-term care. For in- OF NEW JERSEY counted as taxable income. This runs entirely stance, it: First, gives long-term care insur- IN THE HOUSE OF REPRESENTATIVES contrary to the pact between the Federal Gov- ance the same preferable tax treatment as ac- Thursday, April 6, 1995 ernment and seniors which the Social Security cident and health insurance, second, excludes Mr. SMITH of New Jersey. Mr. Speaker, as program is supposed to represent. up to $200 per day in long-term care benefits we reach the end of the first 100 days of the Seniors involuntarily turned over portions of from taxable income, third, excludes employer- session, it is fitting that the grand finale of the their hard-earned paychecks to the Federal provided long-term care coverage from taxable Contract With America honors our senior citi- Government as a safety net for their retire- income, fourth, allows long-term care ex- zens by easing the burdens older Americans ment. They should not be taxed on this mea- penses to be treated equal to medical ex- now face. ger nest egg when they most need it and penses as an itemized tax deduction, fifth, ex- For instance, the comprehensive tax bill, when many of them are living on fixed in- cludes withdrawals from IRAs and other pen- which we approved by a substantial margin comes. sion plans for the purchase of long-term care E 834 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 insurance from tax penalties, and sixth, allows ety of age groups and has established a pre- tion, construction of a new church building the accelerated payment of death benefits school program for students 2 to 4 years old, began. A ground breaking ceremony for the from life insurance for the terminally or chron- before and after school programs for children present sanctuary was held on June 15, 1958, ically ill to be paid tax-free. attending the elementary schools in the Great with Rev. Raymond H. Gordon as interim pas- These are common-sense approaches to a Neck School District, and a 4±H Club for 8- to tor. problem faced by more and more families 10-year-old participants. The Westminster Presbyterian Church oper- every day and they are long overdue. Realizing that CLASP is part of a most dy- ates a day care center, which has been its Finally, the tax relief bill increases the cur- namic community, the organization joined in principal mission since the center's inception rent estate and gift tax exemption over a 3- 1983 with the Great Neck Senior Center to on October 6, 1969. The day care center year period of time from $600,000 to provide an intergenerational program merging building, known as the Christian education $750,000. Through this modest change, sen- the children and the seniors of the area. This unit, was erected under the leadership of Rev. iors will be able to pass along their family has resulted in a most successful and widely Don Hawthorne in April 1967 and is also used business or family farm to their children and acclaimed effort, giving both age groups a for Christian education on Sunday. Founded grandchildren without passing along an un- feeling of support and appreciation. and organized by Directors Helen Brewster manageable tax burden as well. CLASP has also had the good fortune to be and Evelyn Hoehn, the day care center cares In addition to these pro-senior provisions in able to draw upon the community for continu- for approximately 128 preschool children. Over the tax cut bill, the House overwhelmingly ous support and creative leadership. On its the years, the directors and staffs of the cen- passed H.R. 660Ðwhich I am cosponsoringÐ 20th anniversary, as it celebrates this special ter have met the needs of each child with a to ensure that seniors will not be unfairly dis- milestone in this successful growth, CLASP is spirit of Christian love and genuine concern. criminated against for living in senior housing recognizing a group of individuals who have In March 1975, David T. Anderson came communities. These communities allow sen- played a most effective role in helping it grow from Paisley, Scotland, with his family to as- iors to live amongst their peers and often pro- into such a renowned organization. Irene sume the pastorate of Westminster Pres- vide access to services of particular need to Lichtenstein has served as a founder and byterian Church. seniorsÐsuch as periodic blood pressure board member; Arlene Kase, current edu- At this time, I would like to pay special rec- screenings by local medical personnel. cational coordinator, was a president, board ognition to the church's current minister, Rev. Despite their increasing popularity amongst member, and a dynamic supporter of CLASP David Mote, who has been providing spiritual the senior population, vague language in the for legislative issues; Hon. May Newberger, guidance for members of the Westminster Fair Housing Act has left these communities town supervisor of North Hempstead, has for Church since June 1993, and to Joanne vulnerable to litigation claiming that they dis- years championed family issues and consist- McAleer, who recently became the new direc- criminate against younger families. Further- ently emerged as a supporter; Rabbi Robert tor of ministries and volunteer activities. Their more, proposed HUD interpretations of this S. Widom, spiritual leader of Temple Emanuel dedication to their calling is to be commended. language have placed an insurmountable fi- in Great Neck, has taken an ever-present role This past year, the congregation participated nancial burden on these communities, requir- in community leadership that has greatly ben- in a miracle Sunday, collecting pledges of over ing extravagant services and facilities to qual- efited CLASP; and Ann Durham, a long-time $200,000 in 1 day, to refurbish the church fa- ity for Fair Housing Act exemptions. board member, was effective in assisting cility in anticipation of its centennial celebra- The language of H.R. 600 clarifies the defi- CLASP to obtain its initial funding. tion. In celebration of its anniversary, the nition of an ``adult-only'' housing community as Mr. Speaker, from its humble beginnings in church will be having a centennial high tea a residential area consisting of a population of a garage in Great Neck, CLASP has compiled complete with period costumes and an old- at least 80 percent seniors aged 55 and older. over two decades of success, thanks to self- fashioned song fest, tours, an art show, the With this clarification, seniors will be able to less individuals who have provided exemplary opening of the church's 1958 time capsule, form neighborhoods which conform to the leadership and resources, and a dedicated and refreshments. unique needs of their retirement years without parent group and a staff that has consistently Westminster Presbyterian Church has fear of unfair litigation or retribution. sought to bring out the best in its students. I served the community in Ontario for over 99 I am proud to have supported each of these ask all my colleagues in the House of Rep- years. Over the years, former ministers, as- measures over my tenure in Congress and to resentatives to join with me today in recogniz- sistant ministers, and church members have have cosponsored them as part of the Con- ing and applauding the CLASP Children's made valued contributions to the church. Al- tract With America as well. It is a credit to Center, and in congratulating CLASP on its 20 though I am not able to mention them all by these past 100 days that we have soundly ap- years of dedicated service and outstanding name, I wish to pay tribute to all who have proved these proposals as the crowning success. been involved in the church's ministry over the achievement of the contract. America's seniors f years. deserve no less. Mr. Speaker, it is a great honor to come be- f TRIBUTE TO WESTMINSTER fore my colleagues today to recognize the PRESBYTERIAN CHURCH dedication and care with which the West- THE 20TH ANNIVERSARY OF THE minster Presbyterian Church has served On- CLASP CHILDREN’S CENTER HON. GEORGE E. BROWN, JR. tario and its surrounding communities. I ask OF CALIFORNIA my colleagues to take a moment and join me HON. GARY L. ACKERMAN IN THE HOUSE OF REPRESENTATIVES in congratulating the Westminster Presbyterian Church on the occasion of its 100th anniver- OF NEW YORK Thursday, April 6, 1995 IN THE HOUSE OF REPRESENTATIVES sary. Mr. BROWN of California. Mr. Speaker, f Thursday, April 6, 1995 today I rise to pay tribute to the Westminster Mr. ACKERMAN. Mr. Speaker, I rise today Presbyterian Church of Ontario, CA, which is UNITED STATES-RUSSIAN to join with my constituents and residents of celebrating its 100th anniversary on April 23. PARTNERSHIP FOR PEACE the Great Neck community in honoring the The Westminster Church has a dynamic his- CLASP Children's Center as they celebrate tory which I would like to share with my col- HON. JAMES A. TRAFICANT, JR. this organization's 20th anniversary. leagues. The Westminster Church was orga- OF OHIO In 1975, with the support of a local chapter nized in 1895 when Rev. H.M. MacLeod and IN THE HOUSE OF REPRESENTATIVES of the National Council of Jewish Women, 58 members established a Presbyterian CLASP was founded by a group of working Church in Ontario. On August 4, 1895, serv- Thursday, April 6, 1995 parents. Over the years, CLASP has grown in ices were held in the first unit of the new Mr. TRAFICANT. Mr. Speaker, under the size and developed such an exemplary pro- church building at Euclid and E Street in On- United States-Russian Partnership for Peace, gram that it has been accredited by the Na- tario. This new building was formally dedicated the United States made a financial commit- tional Academy of Early Childhood Programs. on November 9, 1902. ment to aid Russia's struggling economy in Set in a safe, challenging, and noncompetitive Due to the rapid growth of the church after exchange for Russia's cooperation and com- surrounding, children are offered a variety of World War II, the need for a modern and en- pliance with international agreements. A re- activities that encourage them to express their larged church building became apparent. duced threat and defense burden were the ex- creativity, and to develop friendships and posi- Under the leadership of Rev. C. Eugene Bar- pected outcome of the partnership. But after tive social skills. CLASP reaches out to a vari- nard and with the approval of the congrega- $12 billion worth of United States investment April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 835 in Russia, we are no closer to international for the purpose of dismantling nuclear and CONTRACT WITH AMERICA TAX arms containment and nuclear non-prolifera- chemical weapons. RELIEF ACT OF 1995 tion. If Members support offensive military weap- On the contrary, Russia is the biggest sup- ons containment and nuclear non-proliferation, SPEECH OF plier of arms and technology to Iran. To date, I urge them to cosponsor H.R. 1418. Russia has sold Iran three Kilo class sub- f HON. J. DENNIS HASTERT marines, of which two have been delivered; OF ILLINOIS MiG±29 and Su±24 deep airstrike aircraft, of CONTRACT WITH AMERICA TAX IN THE HOUSE OF REPRESENTATIVES which several have been delivered; and sev- RELIEF ACT OF 1995 Wednesday, April 5, 1995 eral hundred T±72 tanks, of which a few hun- The House in Committee of the Whole dred have been delivered. SPEECH OF At the same time, China announced a 21 House on the State of the Union had under percent increase in its annual military budget, HON. WILLIAM P. LUTHER consideration the bill (H.R. 1215) to amend the Internal Revenue Code of 1986 to to approximately $7.5 billion. This new Russia- OF MINNESOTA strengthen the American family and create China venture could ultimately alter the bal- IN THE HOUSE OF REPRESENTATIVES jobs: ance of naval power in Southeast Asia. With Mr. HASTERT. Mr. Chairman, I am very the purchase of 22 new submarines, China Wednesday, April 5, 1995 pleased that the House voted to pass provi- would be free to pursue its claims in the South The House in Committee of the Whole sions to lift the Social Security earning penalty China Sea to Vietnam, Indonesia, Malaysia, House on the State of the Union had under on older Americans of retirement age from the and the Philippines. consideration the bill (H.R. 1215) to amend current level of $11,280 to $30,000 by the Furthermore, on January 8, 1995, Russia the Internal Revenue Code of 1986 to year 2000. In part, we have seven very spe- signed an $800 million contract with Iran to strengthen the American family and create cial senior citizens to thank for this action. complete two light water nuclear reactors at jobs: These people came out to Washington to tell the unfinished Bushehr nuclear site, as well as Mr. LUTHER. Mr. Chairman, as a new their stories this week because America needs attendant training and services. This action by Member of the House of Representatives, I to know how the earnings penalty affects its Russia is in direct violation of the international wish to explain my opposition to the GOP tax citizens. Therefore, I would like to share these Iran-Iraq Arms Non-Proliferation Act of 1992 proposal. stories with the Nation. (Title XVI of Public Law 102±484). The act im- For me, the most important issue is not tax poses sanctions on countries that ``contribute fairness or the question of good tax cuts ver- GLORIA DAVIS, MARINA DEL REY, CA knowingly and materially to the efforts by Iran sus bad tax cuts. Many other Members have Gloria has worked since she was 16 years or Iraq, or any agency or instrumentality of ei- made those arguments with eloquence and in- old. Two years ago, when she discovered she ther country, to acquire destabilizing numbers sight. owed the Social Security Administration and types of advanced conventional weap- There are plenty of reasons to vote ``no'' on $4,000 for benefits she received after exceed- ons.'' this bill. But for me, the best reason to vote ing the earnings limit, she became active in Similarly, Russia is in possible violation of ``no'' is the impact this legislation will have on the effort to change the law. The Social Secu- many other United States laws which prohibit our efforts to reduce the deficit. rity Administration gave her 30 days to pay. aid to countries that spread arms and nuclear The proponents of this package have ar- She has told her story on television and weapons and related technology. The laws in- gued that the tax breaks they want to create through print media and has heard from sen- clude, but may not be limited to: the Foreign are paid for with spending cutsÐand they may iors across the Nation who wrote her after Assistance Act Amendments, the Arms Export well be. But that's not the problem. seeing her on television. Control Act, the Export Administration Act, the The problem is that you can't use the same Gloria and her husband owned their own Foreign Operations Appropriations Act of fiscal spending cut twice. If you use a spending cut business, but went bankrupt in the 1980's. year 1994 and fiscal year 1995. to pay for a tax break, you can't use it to re- They lost everything and were saddled with Finally, in the State Department's annual duce the deficit. debt. So, Gloria doesn't have a retirement in- human rights report, Russia was identified as And reducing the deficit must come first. come and must work. Gloria, like many older being in violation of international human rights For years the national debt has paralyzed women, worked at jobs which paid little, and agreements. In the report, Russia was criti- our Nation. It has prevented us from dealing sometimes for employers who did not pay into cized for the horrifying conditions of its jails with critical issues that will impact our com- the Social Security System. Her monthly bene- and the cruel hazing of military recruits. The petitiveness as a Nation well into the next cen- fit averages $467. most serious violations, however, occurred in tury. Past efforts to deal with the deficit have Gloria has a background in public relations, the Russian military assault on the breakaway largely failed and our debt now stands at $4.8 sales, advertising, and television production. republic of Chechnya where massive aerial trillion. At one time she was State director of the Miss bombardment of the capital, Grozny, and the Whether we are Democrats or Republicans, U.S.A./Universe Pageants, Miss America pag- dislocation of thousands of refugees ``were in we shouldn't risk losing the opportunity we eant and several other pageants. She has conflict with a number of Russia's international have today to reduce the deficit now and get served as an event planner and trade show obligations.'' In its most recent action, Russia on the glide path to a balanced budget. Our organizer for many years. Gloria currently reportedly has blocked humanitarian assist- economy is strong, productivity is up and there works a full time job at Car Barn Airport Park- ance to Chechnya by the International Red is a growing consensus among the public and ing. Cross. Members of Congress favoring deficit reduc- BETTY BOURGEAU, TAYLOR, MI In my judgment, Russia's, $800 million nu- tion. Our country's future is too important to let Betty entered the workforce at age 50 when clear reactor contract with Iran is sufficient evi- this opportunity pass. her husband left her and her children. She dence alone to cut off United States assist- We should capitalize on the momentum we worked two part-time minimum wage jobs at a ance to Russia. With respect to the Russia's have today by reducing the deficit and finally department store and for a security company. human rights violations, let me remind you putting this paralyzing issue behind us so that She then became a teacher's aide for a Head that China almost lost Most-Favored-Nation we can begin focusing on the many other is- Start Program, went back to school and be- [MFN] trade status with the United States, for sues affecting our Nation's future. came qualified to be a Head Start lead teach- less. Mr. Speaker, I came to this Congress to er. However, Betty quit teaching Head Start, As a result, I have introduced H.R. 1418, a work with Democrats and Republicans to the job she loved, when she began taking So- bill to prohibit all United States foreign aid and solve the problems facing this country for the cial Security. She would lose most of her ben- military assistance to Russia for fiscal year people I represent. I've voted for 10 of the 22 efits with both jobs. Her department store job 1996, unless the President of the United items we've voted on in the Contract With included health care benefits she needed, so States certifies to Congress that Russia is not America so far so I'd have no hesitation in she remained employed there. exporting any nuclear technology, offensive supporting this bill if it was a good idea like Betty has received several Employee of the military weapons, or other military technology. some of the other ideas in the contract. Year awards at the department store over the H.R. 1418, however, exempts U.S. aid in the But this is not a good idea at this time. years, accompanied by pay raises. However, form of humanitarian assistance or assistance There is just too much risk for our country. when she takes the raises, she must reduce E 836 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 her hours or lose more of her benefits to So- the limit by about $3,000. She could not take approximately 300,000 Floridians have visited cial Security. This puts her in a particularly dif- the job without agreeing to this work load, but the moving wall. ficult situation because her health benefits are she would not receive the benefits of the extra As of January 1, 1993, the memorial has predicated on working a certain number of work. been displayed in 315 communities throughout hours for the department store. Regulating her JOSEPH O'BRIEN, RANCHO PALOS VERDES, CA the United States and Canada. In addition, it hours is also difficult during the busy holiday Joe is an electrical engineer with 40 years has been displayed in Puerto Rico and Guam. season at the end of the year. The store of experience. He holds three patents for high Requests to have the wall have come from as needs her more during these times, but she speed counters. He has deliberately stopped far away as Australia, Ireland, and Germany. loses most of her benefits if her work puts her working because he reached the earning limit I would like to take this opportunity to com- further over the Social Security limit. after the first few months of the year. Society mend the organizers of this great event. It is MARY LOU LIVINGSTONE, SPRINGFIELD, IL is being deprived of his considerable expertise a stirring reminder of just how blessed we are Mary Lou was divorced 19 years ago and because he is unable to keep his earnings if in the modern world to live in a free society, worked ever since. She has no pension or re- he works over the limit. He pays taxes to the and will not allow us to forget that this bless- tirement plan to draw from. She had to pay Federal Government, which he feels are not ing is due to the sacrifices of our friends, rel- the Social Security Administration back $549 adequately considered when the cost of the atives, neighbors, and countrymen who served in 1991, $281 in 1992, $935 in 1993 and $730 lifting the Social Security earnings penalty is us all when duty called. in 1994 for earnings exceeding the Social Se- calculated. For as long as the American soldier stands curity earnings limit. During those years, her Joe feels that the optimum strategy is for a ready to support his country and its allies, the average Social Security check was $288 per senior to work until hitting the limit, then quit forces of oppression and injustice will be held month. In 1994, Mary Lou cut back her hours for the rest of the calendar year. This makes in check. For this, the American servicemanÐ to try to avoid the penalty, but still had to pay it difficult for him to find a job fully utilizing his the veteranÐmust never be forgotten. some money back. Mary Lou supplements her talents. His prospective employers know there f grocery bill each month through the Share must be limits on his commitments, so he Program sponsored by Catholic Charities. This ends up working on a contract basis, which CONGRATULATIONS TO ROBERT A. program allows her to pay $14 per month and means there are no benefits. In 1993, after BURT receive $35 worth of groceries. reaching the limit, he made only 17 cents on Mary Lou works as an information recep- the dollar after marginal tax rates were applied HON. BARBARA F. VUCANOVICH tionist at the visitors center of the Lincoln to his income. Joe realized he could have OF NEVADA Home National Historic Site in Springfield, IL. earned more on California unemployment. IN THE HOUSE OF REPRESENTATIVES She has worked there for nearly 12 years and Joe's father was also affected by the Social has received numerous complimentary letters Security earning limit when he was alive. After Thursday, April 6, 1995 for her job performance. She was also fea- raising three children aloneÐthis wife died at Mrs. VUCANOVICH. Mr. Speaker, I want to tured as a staff star of the Springfield Bureau age 42Ðand sending them through college, salute Robert A. Burt, a junior at Carson High of Tourism. he was forced to work in his retirement years. School in Carson City. NV. Robert Burt was MR. AND MRS. ROBERT AND SHIRLEY HICKEY, UNADILLA, Joe's father ended up taking money under the Nevada's winner of one of the 54 Voice of De- NY table through jobs that did not report his in- mocracy national scholarships awarded by the Robert and Shirley have both worked most come to Social Security to avoid the law. Veterans of Foreign Wars of the United States of their lives. Shirley suffered a brain aneurism While Joe does not advocate this, he knows it and its Ladies Auxiliary. Along with 126,000 several years ago and is no longer able to is a reality for many seniors. secondary school students, he entered the work. However, Robert still works at a cal- f broadcast scriptwriting contest whose theme endar factory as a kensole operator imprinting was ``My Vision For America.'' the lettering on the calendars. This is just to THE SECOND ANNUAL SALUTE TO I believe his essay states an important make ends meet. They have a 401(k) plan, VIETNAM VETERANS theme and shows an optimism that we should but no other outside income. all share, and I ask that it be reprinted in the Last year, Robert earned more than the HON. MICHAEL BILIRAKIS RECORD. earnings limit allows and was recently fined OF FLORIDA MY VISION FOR AMERICA $1,650 by the Social Security Administration. IN THE HOUSE OF REPRESENTATIVES As a result, he and Shirley took out a personal (By 1994–95 VFW Voice of Democracy Schol- loan against their 401(k) plan at a rate of 10 Thursday, April 6, 1995 arship program Nevada Winner, Robert Burt, Post 3726, Carson City, Nevada) percent in order to pay their bill to Social Se- Mr. BILIRAKIS. Mr. Speaker, a very special curity. They can not afford the alternative, America. My vision of this proud and glori- event will be taking place in my district later ous lady is not a dream of highways and sky- under which the Social Security Administration this month. The Hillsborough County Friends scrapers, money and influence, but a scene of would cease payment of monthly Social Secu- of the Parks and the Veterans Memorial Mu- common, hardworking, honest people. A peo- rity benefits until the payment was complete. seum Committee are hosting the Second An- ple who respect their neighbors, honor their At the same time, Robert pays over $3,000 a nual Salute to Vietnam Veterans at Edward families, and stand by their country. My vi- years in Federal income taxes for the privilege Medard Park. sion of America is of a people and a land who of working. This week-long salute is to honor all Viet- are, as Alexandre Dumas phrased it, ‘‘All for one, and one for all.’’ MARY LOU HAGAN, GROVILLE, CA nam veterans and will include the moving wall. My America is a place where people are not Mary Lou is a widow and is currently looking This event is dedicated to Vietnam veterans judged because of money and influence but for part time work. She has been in the bank- and their families. through the work of their own two hands and ing business for years, serving as a bank The moving wall is a one-half scale replica intellect. My America is a land free of preju- manager, loan officer and operations man- of the Vietnam Veterans Memorial in Washing- dice and ignorance. In my vision, a poor boy ager. She was earning a comfortable salary ton, DC. It is 250 feet long and contains the from Harlem will collaborate with the when the bank went under, with her retirement names of 58,191 Americans killed during the daughter of refugees and the son of white benefits with it. All of her retirement plan was Vietnam war. The wall also includes the middle class workers in a scientific or on a medical breakthrough of the century. They in bank stock. After the bankruptcy, she recov- names of American servicemembers still unac- will work not as individuals, but together as ered only $1,000 from her retirement plan. In counted for. Americans. It will not matter what the par- addition, much of her savings was invested in Eight women are listed among the names ticipants’ social background, or religious this stock, so she suffered further loss. listed on the Wall. Seven of them were Army faith is, but their work as human beings that Mary Lou is an avid volunteer and serves nurses and one was an Air Force nurse. will be regarded. It will be a place where tol- on the hospital board, the Chamber of Com- There are also 16 chaplains listed on the Me- erance and acceptance of differences is not merce, Friends of the Park, and Soroptimists morial. Two of these men were awarded the trampled by fear and hatred. International. Congressional Medal of Honor. The America of the future is a place where we know and respect one another. It is a Nevertheless, Mary Lou wants and needs to The moving wall is a powerful symbol. Hun- place where neighbors greet each other, a get back to work, but the earnings penalty dreds of thousands of people across the coun- place where parents sit down with children poses obstacles to gainful employment. A job try have visited it in or near their communities. and teach them to read. she has recently applied for would require her I am proud to say that on the previous occa- America is not a place of ‘‘us’’ versus to work all year at a salary that would exceed sions when it has been displayed in Florida, ‘‘them,’’ it is a place of ‘‘we.’’ The vision I April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 837 see is one of a place where people are willing Award. D'Adamo is a member of the Little Italy grading our meat and poultry inspection sys- to give of themselves. It is a place where the Lodge, OSIA. In 9 years, he has served in a tem so that the quality and safety of these people carry the spirit of Lexington and Con- variety of executive positions at the lodge. A food products is assured. cord, Vicksburg and the Marne, Pearl Harbor and Omaha. The spirit of the men who proud achievement for D'Adamo is the very Modernization of our meat and poultry in- fought at these hallowed places, is the spirit successful lodge cookbook, ``Let's Cook Ital- spection system is overdue. Consumer con- we must carry. That spirit is not something ian'' which he conceived, edited, and com- fidence in the quality and safety of our food easily defined. It is part sacrifice, part un- piled. supply is essential to maintaining a healthy willingness to give up, but mostly, . . . the Joe is married to the former Anna Giorgilli, meat and poultry industry, and public health desire to move forward through cooperation. also a native of Little Italy and a member of should be protected by a modern science- It is because of this spirit that the vision the lodge executive council. They have three based meat and poultry inspection system. I I see will surely come to pass. When the odds children and nine grandchildren. urge my colleagues to join Mr. TORRICELLI and seem to be too great, we unite, not as blacks, not as Christians, not as refugees, but, as our Mr. Speaker, I am pleased to salute Joe I in co-sponsoring this legislation which will forefathers did on those cold and distant bat- D'Adamo for the honor he has brought to the provide USDA with the statutory tools nec- tlefields so long ago, we unite as Americans! Italian-American community by his personal, essary to improve and modernize our meat We help each other, we serve each other, and professional, and civic accomplishments. He and poultry inspection system. if necessary, we die for each other. truly deserves this award for his contributions f It will not take years for my vision to take in the tradition of Thomas D'Alesandro, Jr. place. It is happening right now: a teacher in f SALUTE TO HERBERT F. (BERT) the inner city helping a struggling student; a BOECKMANN II parent playing with a child; two friends talk- INTRODUCTION OF THE FAMILY ing, regardless of their race or background. FOOD PROTECTION ACT America’s future is not dim; it is just begin- HON. ELTON GALLEGLY ning to shine! The future lies before us. It is up to us to undertake the journey. HON. GEORGE E. BROWN, JR. OF CALIFORNIA f OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, April 6, 1995 JOE D’ADAMO, WINNER OF THOM- Thursday, April 6, 1995 AS D’ALESANDRO, JR. GOOD CIT- Mr. GALLEGLY. Mr. Speaker, I rise today to IZEN AWARD Mr. BROWN of California. Mr. Speaker, I honor a selfless philanthropist, a successful am pleased to introduce The Family Food Pro- businessman, a good friend, and recipient of HON. NANCY PELOSI tection Act of 1995 along with my colleague the 1995 Horatio Alger AwardÐBert OF CALIFORNIA from New Jersey, Mr. TORRICELLI. USDA's re- Boeckmann. IN THE HOUSE OF REPRESENTATIVES cently proposed rule to implement a manda- A native Californian, Bert established early tory Hazard Analysis and Critical Control Point in life a commitment to hard work and a spirit Thursday, April 6, 1995 [HACCP] plan was a good first step toward of entrepreneurism that have served him well Ms. PELOSI. Mr. Speaker, I rise to honor modernizing our meat and poultry inspection and have endured to this day. Joe D'Adamo, the 1995 winner of the Thomas system. However, we need to do more. In his early teens, when many of his peers D'Alesandro, Jr. Good Citizenship Award. The meat and poultry inspection of this sys- were focused on the simple pleasures of Named for the late, great Mayor Thomas tem needs to be modernized. There is broad youth., Bert began mowing the lawns, cleaning D'Alesandro, this recognition is bestowed on consensus that our current system does not the basements, and washing the windows of Mr. D'Adamo for his contribution to the Italian- adequately address the most prevalent public local estates. He later put himself through the American community. health problem associated with our meat and University of Southern California by working a Joseph G. D'Adamo, Sr., was born in Balti- poultry supplyÐmicrobiological contamination. weekend maintenance job and the graveyard more 66 years ago. While growing up in Little The Economic Research Service estimates shift at Lockheed Aircraft. Italy, he went to St. Leo's School. D'Adamo that microbial food contaminants and the He took a job as a car salesman at Galpin studied at both Baltimore Polytechnic Institute foodborne illnesses that result from them Ford in 1957 andÐless than 4 years laterÐ and the University of Baltimore. cause between 6.5 and 33 million human ill- was promoted to general manager of the com- D'Adamo worked at the Baltimore Evening nesses and 6,000 deaths annually in this pany. His leadership ushered in an unprece- Sun for 42 years before retiring in 1987. country. While we can debate the actual fig- dented period of prosperity for the struggling D'Adamo rose to the position of chief makeup ures, it is clear that we can and should be dealership, which he acquired in 1968. editor where he was responsible for graphics doing a better job of preventing these illnesses Galpin has ranked first in profits among all and deadlines. As the Baltimore Sun's res- and deaths. Ford dealerships for 21 of the past 25 years, taurant critic for many years leading to his re- The problem has been attributed to consum- which is not surprising given Bert's dedicated tirement, D'Adamo enjoyed sharing his cul- er's failure to prepare meat and poultry prod- leadership and the fact that he has created an inary finds with Baltimore. He still loves food ucts properly. Consumer education is clearly environment that encourages his best people and writing restaurant criticism for the East an important way to minimize this problem. to stay with the company. Top Galpin man- Baltimore Guide. However, the problems that have arisen with agers have tenures ranging from 17 to 36 Sports has always played an important role institutional and retail food preparation and years, a nearly unheard of record of commit- in this sports writer's life. Currently, he is the more recently in salami, a ready-to-eat meat ment in the industry. Baltimore correspondent for Sports Illustrated, product, illustrate the need for a much more But life for Bert has hardly been just about a position he has held for 25 years. Beyond comprehensive approach to the prevention of business. A husband and proud father, he has writing, D'Adamo refereed basketball games foodborne illness. demonstrated time and time again that he for two decades in Baltimore city schools. As The Family Food Protection Act would re- cares more about others than he does about commissioner of the Maryland Wrestling Asso- quire USDA to develop microbial testing pro- himselfÐthat no demand is too great when ciation from 1988 to 1993, D'Adamo was re- cedures to control the presence of pathogenic there are people out there in need of assist- sponsible for assigning referees to wrestling microorganisms in meat and poultry products. ance. meets throughout Maryland. He also coached It would enable the Secretary of Agriculture to In 1991, Bert and his wife Jane joined Sec- wrestling at Catonsville Community College require slaughter and processing plants to retary of State and Mrs. James Baker in hon- and Catholic High. adopt processing controls that will ensure the oring Mother Theresa with the Prince of Peace D'Adamo's involvement with youth also has safe handling and processing of these prod- Prize. Bert also helped raise $1 million in included 6 years in the Boy Scouts of Amer- ucts. The bill also establishes voluntary guide- medical supplies, food, and clothing for Mother ica. He has served as Scoutmaster of Troop lines for retail establishments to ensure that Theresa's charities. No. 177. These activities naturally led to the food handled and served by retail stores Two years ago, Bert responded to a des- D'Adamo's service as president and board and restaurants is safe for consumers. Under perate plea from Russian farmers for seeds member of parent-teacher associations at the this bill, USDA will have the authority to recall needed to ensure an adequate harvest. Not Catholic High School and Archbishop Curley products that are found to be unsafe if the only did he orchestrate the donation of 56,000 High School. products are not subject to an adequate vol- pounds of seeds from several American com- He has been active with the Holy Name So- untary recall process. In short, it represents a panies and arrange for their transport by the ciety and in 1967, he received the President's comprehensive farm-to-table approach to up- Department of Defense, Bert and Jane met E 838 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 the transport plane in Russia and personally the role of all nonpublic employees in the ognized. The skill, discipline and profes- directed the distribution. drafting of legislation, amendments, reports sionalism of the American forces are in Mr. Speaker, these are only a few examples and other products of the legislative process. keeping with the highest standards of our Armed Forces. culled from a lifetime spent serving people. As I note that Speaker GINGRICH was ques- his friend, I know that Bert is the kind of per- tioned about the substantial role of lobbyists in Outstanding leadership has been dem- onstrated by the principal commanders, in- son who, when faced with a challenge, never drafting the Contract, and replied, ``As long as cluding, but not limited to, MG George Fish- wonders whether something can be done. He it's out in the open, I have no problem.'' er, Commanding General of the 25th LID, BG is the kind of person who is always willing to My resolution assures that lobbyists' handi- Paul Hill, The Assistant Division Com- do whatever it takes to make a difference. work will be ``out in the open,'' and I think the mander of the 25th LID, and COL Charles f integrity of the Congress requires that it be Swannack, Commander of the 2d Brigade of adopted without delay. the 25th LID. LOBBYIST DISCLOSURE REFORM f The success of United States military forces is also attributable to the effective HON. GEORGE MILLER REPORT ON HAITI working relationship with the American em- OF CALIFORNIA bassy. Ambassador Swing is a consummate IN THE HOUSE OF REPRESENTATIVES HON. BILL RICHARDSON professional who continues to provide great Thursday, April 6, 1995 OF NEW MEXICO leadership in a demanding situation. IN THE HOUSE OF REPRESENTATIVES Mr. MILLER of California. Mr. Speaker, SECURITY SITUATION Kevin Phillips has called the Contract With Thursday, April 6, 1995 The assessment of the principal command- America a ``dubious mix of reforms, gimmicks Mr. RICHARDSON. Mr. Speaker, I com- ers and soldiers in the field is that there is and con jobs.'' mend to my colleagues a report drafted by no organized, military threat to the MNF or UNMIH. Sporadic violence exists, but it does I call it a ``friendly corporate take-over of the Congressman JACK REED. The report: ``The Congress'' because the new Republican lead- Situation in HaitiÐMarch 1995'' is an excellent not appear to be based on political motiva- tion, rather it stems from criminal activity ership has been encouraging lobbyists to overview of what the United States has man- or domestic violence. serve as de facto official staff in drafting and aged to accomplish since United States troops MG Fisher is confident that he has effec- amending legislation. were introduced in Haiti in order to help re- tively accounted for all members of FAH’D I am not being naive about the existence, or store democracy. The report also looks at Hai- (the former Haitian army/police). These indi- the value, of lobbyists. But with the carte ti's immediate future and provides insight into viduals are part of the Interim Police (after blanche provided them by the Republican what can be expected in Haiti after the depar- proper vetting), employed by other min- leadership, lobbyists can contaminate the leg- ture of many of the United States military per- istries of the Haitian Government, or in- islative process. And they have. sonnel currently on duty there. Perhaps most volved in public works programs. The headline in last Friday's New York important, the Reed report serves as an excel- In addition, there does not appear to be Times said it all: Business Leaves the Lobby lent primer on the security situation in Haiti, fu- large scale stocks of military weapons which and Sits at Congress's Table. ture United Nations involvement in Haiti, at- potentially could arm a dissident force. Time magazine says that the Republican tempts to create a new Haitian police force, Shotguns and handguns are prevalent in pri- leadership ``has attached its fortunes to private the re-creation of a justice system, the pros- vate hands, but are increasingly rare on the lobbyists, and is relying on their far-flung influ- pects for fair and open elections, and the out- streets. Evidence of the improved security situa- ence to pass its agenda.'' Newsweek says look for economic development in Haiti. tions was obvious in my nighttime patrol of that lobbyists are actually writing the bills. And Congressman REED wrote his remarks after Port au Prince with COL Swannack. We ob- they have it exactly right. a recent second visit in Haiti. Last year, JACK served several roadblocks being conducted Corporate representatives, individually and REED and I travelled to Haiti together. At that by elements of the 2d Calvary. In the course through coalitions like the Thursday Group, time, I found his perspective there to be very of the evening, these control points stopped have been writing whole bills and amend- helpful. As a former company commander in several hundred vehicles and no weapons ments, with no public review and often without the 82d Airborne Division, Army Ranger, and were found. hearings, to serve their clients' narrow inter- West Point graduate, JACK REED has the abil- The present, tranquil situation should not ests. Little wonder that the Contract With ity to look at a foreign policy problem from a be allowed to mask continuing and fun- America has been described as ``a triumph for soldier's point of view. JACK REED also is not damental tensions within Haitian society business interests, who * * * find themselves afraid to do some heavy lifting when it comes which could, in the absence of international a full partner of the Republican leadership in to forming his own opinions. In the last few forces or a capable local police, explode into shaping congressional priorities.'' The arm- years, in addition to his trips to Haiti, Con- destabilizing violence. Nevertheless, at this juncture, there does not seem to be any po- length relationship between lobbyist and legis- gressman REED traveled to Somalia twice and tential military threat to the transition to lator has been brazenly abandoned. to Bosnia. After each trip, Representative UNMIH. Although there is speculation that The examples are stunning: A committee of REED sits down and drafts a report on what he opponents of democracy may try to test lobbyists rewrites the Clean Water Act ``to sat- learned from his travels. I ask that a summary UNMIH after the departure of MNF, the isfy industry goups like the Chemical Manufac- of his most recent report, ``The Situation in large and continuing presence of American turers Association.'' Lobbyists, working from a HaitiÐMarch 1995'' be printed in the CON- personnel and the continued leadership of Capitol office, plot the strategy and drafting of GRESSIONAL RECORD. Members interested in MG Kinzer significantly diminishes this po- bills on regulatory reform and risk assessment. reviewing the complete text of Congressman tential. A lobbyist for the Wholesale Distributors de- REED's report should contact the Congress- From a security standpoint, the next criti- velops the strategy on the product liability bill man's Capitol Hill office. cal crossroad is the scheduled departure of UNMIH in February of 1966. The ability of from an office provided by Republicans. A THE SITUATION IN HAITI—MARCH 1995 UNMIH to successfully depart and, con- former Republican congressman is allowed to (By Congressman Jack Reed) versely, the ability of the Government of sit on the committee dais during a hearing on INTRODUCTION Haiti to function without a large, inter- matters affecting his current client. On March 10 and 11, I travelled to Haiti national military present is dependent upon With all due respect, what is going on here? with a Congressional delegation led by Ben- the accomplishment of several critical tasks. I frankly do not know what is more disturb- jamin A. Gilman, Chairman of the House The major challenges that must be met are: ing: that these abuses are occurring, or that Committee on International Relations. The (1) the creation of a professional and non-po- the Republican leadership and membership particular focus of my efforts was to assess litical police force, (2) the successful conclu- appear unconcerned and unaware that these the security posture of Haiti in light of the sion of scheduled elections, (3) the reform of scheduled transition from the American-led the judicial and prison systems and (4) the practices degrade the democratic process. Multi-National Force (MNF) to the Amer- The American people did not vote last year initiation of sustainable economic develop- ican-led United Nations Mission in Haiti ment. to turn the legislative process over to lobbyists (UNMIH). Based on this assessment, a fur- to rewrite our health and safety laws, our envi- ther evaluation of the prospects for develop- POLICE FORCES ronmental laws, and our tax laws for the bene- ing a stable, democratic government in Haiti Having visited Somalia twice during the fit of their corporate employers. And the Con- may be made. recent deployment of United States person- gress cannot allow this abuse to continue. AMERICAN MILITARY FORCES nel, I am particularly sensitive to the need Today, I am introducing an amendment to As an initial point, the superb performance to create a credible, stable and democrat- the House rules to require full disclosure of of American military personnel must be rec- ically oriented police force. In Somalia, the April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 839 failure to even begin this effort was one of Constitution, I asked President Aristide if he not occur and the ultimate goal of a stable, the major contributing factors to the overall would support such efforts. He indicated market-oriented democracy will be frus- failure of the mission there. strong support for such changes and spoke trated. However, the task of economic devel- Efforts to date indicate that MNF and passionately in decrying the current short- opment cannot be accomplished without ef- UNMIH are trying to avoid this mistake. The comings of the judicial system. fective action by the Haitians themselves. At MNF quickly stood-up an Interim Police THE CONDUCT OF ELECTIONS present, the Aristide government is con- (‘‘IPSF’’). These police were culled from vet- The credibility of the Haitian government centrating on four major issues: macro- ted members of the FAH’D and from Hai- and the international community will be de- economic stabilization, trade liberalization, tians in Guantanamo. They received six days cisively tested by the outcome of scheduled privatization of state-owned enterprises, and of training. Their role is carefully cir- elections. At this time, parliamentary elec- decentralization of government operations. cumscribed so that they do not operate inde- tions are scheduled for June 4, with a run-off As part of the macroeconomic stabiliza- pendently of MNF forces and the Inter- scheduled for June 25. The national election tion, the government is attempting to re- national Police Monitors (‘‘IPM’’). to select the next President to succeed Presi- form its tax policy. Present reform efforts The IPSF will be a bridge to a new perma- dent Aristide is scheduled for December with are limited to increasing the rate of collec- nent police force which is currently in train- the new President to assume office in Feb- tion. Last year, collections represented 3.3% ing. Unlike the IPSF, the permanent police ruary of 1996. (UNMIH will depart in Feb- of GDP. The Haitian government has com- force has been recruited to avoid former ruary, 1996 coincident with the installation mitted to the IMF that it will raise collec- members of FAH’D. of the new President.) tions to 6.5% of GDP. Nevertheless, these fig- The MNF has established rigorous selec- The elections provide a daunting political ures are well short of 12% of GDP which is tion criteria and a demanding training pro- as well as logistical challenge. Over 9,000 accepted as an international benchmark. gram for the permanent police. Contrary to polling booths and 30,000 to 40,000 election of- tradition, candidates for the permanent po- ficials must be organized. All of this in a THE UNITED NATIONS lice were selected by both physical and aca- country where communication and transpor- As the MNF departs and UNMIH assumes demic examinations. The MNF specifically tation are severely limited and the potential responsibility, it is appropriate to raise some rejected the ‘‘recommendations’’ of local po- for violence is persistent. cautionary points. litical leaders. The initial pass rate was 9% To deal with these challenges, MG Kinzer First, the presence of USAID and numer- for the first exam (661/7,736). The pass rate is will redeploy UNMIH forces to specifically ous NGO’s indicate the UN coordination role 19% for the current exam (164/868). prepare for the elections. should be handled by a minimal number of Although an impressive start has been Another good sign for the election is the made to constitute an effective police force, personnel. It would be a misuse of resources presence among the UN staff of Mr. Dong key questions remain. Primary among these and a potential political liability if the UN [phonetic] who has direct UN responsibilities questions is the command structure. Aristide effort was portrayed as an expensive and ex- for the election. Dong is a veteran of the has indicated that he would like the police pansive operation. Haitian elections in 1987 and 1990. Coinciden- to be controlled by local mayors, but with a Second, the current care and comfort of tally, the Nepalese contingent commander national ‘‘Director General’’ who would be the troops is of the highest order. just finished providing security for elections charged with overall supervision of the po- Third, it seems that the aviation assets for in Nepal. He brings immediate experience lice. Since the police will emerge as the only UNMIH are unduly limited. Helicopter lift and expertise to the UN effort. effective armed force in the country, the capacity is an extraordinary multiplier of control of the police will be a critical deci- Successful conclusion of the parliamentary military effectiveness in a country like sion. A police solely under the control of a elections will be a significant first step in Haiti. national leader could quickly come to domi- developing a stable political system. In addi- Fourth, there is a huge need for basic in- nate the political scene. On the other hand, tion, it will provide the institutional frame- frastructure repairs and a complementary local control could lead to multiple power work of a functioning parliament necessary need to put Haitians to work. Both of these bases throughout the country with the po- to continue reforms in Haiti, particularly objectives can be served by civic action with tential for conflict. Careful thought should with regard to the judicial and penal sys- UNMIH forces. be given to the command relationships of the tems. Finally, it will set the stage for the police. Presidential election in December. If the CONCLUSION In a related point, Aristide has indicated parliamentary elections fail, then the Presi- Through the leadership and skill of the that he does not favor the recreation of an dential elections are likely to collapse also. MNF, Haiti enjoys a degree of public secu- army. If no army is created, then the perma- This development could mortally wound ef- rity and civic peace which is rare in its tu- nent police will likely have to be expanded forts to restore democracy to Haiti, embar- multuous history. An opportunity exists for to take on the tasks of border patrol, cus- rass international efforts, and create a power fundamental economic and social reforms. toms collections and other functions that vacuum which could see the continuation of The leading edge of these reforms is the suc- are carried out by uniformed forces. President Aristide beyond his Constitutional cessful completion of scheduled elections fol- The decision has been made to provide term or the reemergence of anti-democratic lowed by governmental reforms of the judi- strong economic incentives to attract the forces. cial and penal systems. Undergirding these best candidates and to ensure as much as ECONOMIC DEVELOPMENT efforts is the constant imperative of eco- possible that the police avoid corruption. As If UNMIH can stand-up a police force, help nomic development to sustain a viable demo- such, police are scheduled to receive com- reform the judicial and penal systems, and cratic process. pensation on the order of $365 a month which broker successful elections, then Haiti can Based on my observations, the transition is roughly the annual per capita income of focus on the persistent and excruciatingly from the MNF to the UNMIH is likely to be Haiti. This raises the possibility of creating difficult task of sustained economic develop- uneventful. The continuing strong United an economic elite. Nevertheless, the alter- ment. States presence in UNMIH is also likely to native of an inadequately paid police raises Initial plans call for an international aid ensure a stable security environment the possibility of a quick reversion to the package of $1.2 Billion with the United through February 1996 when the UN mandate corruption of the police which existed under States responsible for $200 Million. ceases. previous regimes. This package recognizes that the United After February 1996, the outlook is not so THE SYSTEM OF JUSTICE States should not bear the lion’s share of the clear. So much depends on the confidence Closely related to the need for an effective cost. Despite the outline of this aid package, building steps of successful elections and the police force is the necessity for effective ju- actual donations have not been readily forth- effectiveness of international aid and local dicial and penitential systems. coming. economic reforms. I harbor a degree of skep- The judicial system is plagued by corrup- The most visible aid program in Haiti at ticism that a society without a strong tradi- tion, incompetence and archaic procedures. the moment is a jobs program run by USAID. tion of political participation and market ec- The result is a system where a prisoner can This program puts Haitians to work on pub- onomics can, in a short time build institu- languish in jail for five years before he even lic works projects. The program is short- tions that will endure, even if the inter- sees a judge for a preliminary hearing. term and there is an ongoing debate on national community makes good its promise The penal system is equally in disarray. I whether the program has reached the em- of support. visited the jail adjacent to the police station ployment goals originally outlined to the After February 1996, I would not anticipate in Petionville. Under the direction of United Aristide government. Recently, a longer- a dramatic uprising. Rather, the greatest States military police, the jail had been term effort was announced by the signing of danger would be a return to the corruption cleaned and reorganized. On their arrival, it an agreement to create a credit facility with that dominated previous regimes; corruption was filthy with inadequate sanitation. There the Bank of Boston guaranteed by OPIC. that would gradually undermine reform ef- was no real accountability of prisoners nor This $68 Million facility will provide credit forts, frustrate economic progress and invite even rudimentary programs to maintain the for businesses to locate in Haiti. Outside of an abandonment of the democratic process. health of the prisoners. The entire penal and these notable efforts, the development effort The United States, as the leader of the judicial system has to be overhauled. continues to lag. international community, has taken a deci- Since a fundamental reform of the Haitian Without adequate international aid and a sive stand against an illegal military dicta- judicial system may require a change of the coherent plan, economic development will torship in the Hemisphere. It has restored a E 840 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 democratically elected government. It has such incentive programs were in place or some kind of discount, but the break with purchased time to build a stable society. But were under consideration. the past gave the airlines an opportunity to ultimately, the fate of Haiti is in the hands There are many implications of this new negotiate new pacts. of the Haitian people. In the next few wrinkle in the way airlines compensate trav- Similarly, many large travel agencies have months, the international community has el agents. complained to some airlines after the recent the opportunity to give the people of Haiti a Perhaps the biggest losers will be smaller capping of commissions that they need a way chance to forge a more decent and produc- travel agencies, which often lack the volume to make up the reduced revenue while others tive future. of business to win extra payments. And some began charging fees to ticket purchasers to travel agents warn that the new incentives, f make up some of the loss. An executive at if they spread, may force them to act against one major carrier, who asked not to identi- JOB CREATORS their customers’ best interests by steering fied, said his airline was negotiating new them to a certain airline. ‘‘People trust trav- contracts with those agencies whose support el agents, and travel agents can influence it needed the most. HON. MICHAEL P. FORBES some people’s choices,’’ said Blake f OF NEW YORK Fleetwood, president of Planetarium, an IN THE HOUSE OF REPRESENTATIVES agency in Manhattan affiliated with Amer- ican Express. CONTRACT WITH AMERICA TAX Thursday, April 6, 1995 Some travel agents, including Mr. RELIEF ACT OF 1995 Mr. FORBES. Mr. Speaker. We in Congress Fleetwood, had predicted that the airlines would have trouble making the cap stick. SPEECH OF are obligated to protect the interests of our History was certainly on their side. In 1983, small businessmen and women. These job for example, Delta, Eastern and United re- HON. RON PACKARD creators make enormous contributions to the fused to go along when American Airlines OF CALIFORNIA and Trans World Airlines lowered their com- local economy on Eastern Long Island. As a IN THE HOUSE OF REPRESENTATIVES Member of Congress, I will always champion mission rates. the cause of small business. To the extent the cost savings that airlines Wednesday, April 5, 1995 had expected shrink, the latest moves could The recent cap levied on travel agency The House in Committee of the Whole affect the stocks of a number of carriers. The commissions could devastate small business. stocks of several airlines jumped several House on the State of the Union had under Most travel agencies are small businesses points last month after they announced in consideration the bill (H.R. 1215) to amend and a significant source of employment and rapid succession that they would follow Del- the Internal Revenue Code of 1986 to tax revenues for our area. I am concerned ta’s lead in capping commissions for domes- strengthen the American family and create jobs: about the outrageous action taken against the tic tickets. travel industry. Moreover, the impact on con- ‘‘This was viewed as a fundamental change Mr. PACKARD. Mr. Chairman, every person sumers will be harmful. in the industry,’’ said Julius Maldutis, an and business in the United States is over- airline analyst at Salomon Brothers. But I have set up a meeting with Anne Binga- taxed. Whether young or old, a struggling fam- now that at least some of those touted sav- ily or an affluent family, a small business or a man, Deputy Attorney General for Antitrust, to ings are going to be returned to travel express my outrage and request that the Jus- agents, it ‘‘is going to cause investors to Fortune 500 company, Government remains a tice Department take a more active role in in- pause and rethink their exuberance,’’ he fiscal burden. The tax reform provisions within vestigating this situation. I will be very involved added. our Republican Contract with America work to in fighting to restore fairness to the travel The American Society of Travel Agents ease this financial load by reducing the size of agents. said that such incentives would hurt smaller Government, the size of the deficit and the agencies the most because they were not Following is a recent article that ran in the size of the American tax bite for all people. being given the opportunity to make up the Our tax bill represents a historic piece of New York Times, describing this problem: revenue they expected to lose because of the [From the New York Times, Mar. 29, 1995] commission caps. The new caps angered legislation. It cuts taxes, pays for each dollar of those tax cuts with a dollar in spending SOME AIRLINES BREAK RANKS OVER FEES thousands of agents who said the cuts would PAID TRAVEL AGENTS devastate their industry. cuts, and substantially lowers the deficit by ‘‘It does appear that the airlines were es- (By Adam Bryant) $91 billionÐall at the same time. Simply put, sentially winking at some of the larger trav- this bill gives the American people back the Several airlines, following in their long el agent partners when they made their tradition of breaking collective decisions, money that rightfully belongs to them. original announcement,’’ said Steve D. Our tax plan embraces the notion that eco- are already starting to chip away at the in- Loucks, a spokesman for the travel agents’ dustry’s recent move to cap commissions for trade group. ‘‘The playing field is far from nomic growth is economic justice. It promotes travel agents. being level.’’ savings and investment by getting Govern- In early February, in a bid to cut costs, the The Justice Department signaled its con- ment out of the way of the American econ- airline industry imposed a maximum com- cern about such incentive programs in late omy. The fiscal incentives in our tax bill en- mission of $50 on a round-trip domestic tick- 1993 when it announced that it was inves- courage Americans to save more and to invest et. But some carriers—including Delta Air tigating Delta’s deals with travel agents in more. That means more jobs, greater produc- Lines, the pioneer of the limit on travel Salt Lake City and the effect of those deals tivity, higher paying jobs and, most impor- agent fees—are now offering new backdoor on a smaller competitor, Morris Air. That in- financial incentives that reward bigger agen- vestigation has since been dropped, but the tantly, a brighter economic future for our chil- cies for exceeding sales goals. These moves department said yesterday that it was con- dren and grandchildren. mean some airlines are effectively giving tinuing to investigate the possibility of Our tax relief bill represents another Repub- back some of the money they said they socalled exclusionary practices, like extra lican effort to cut Government down to size. It would save when they announced the caps. commission incentives, by airlines that is a crucial step on the long road toward re- Before the cap, airlines generally paid travel dominate certain cities. storing our Government's fiscal sanity. Mr. agents a 10 percent commission on the price Airlines have had difficulty making other Chairman, Republicans continue to do exactly of ticket. industry-leading initiatives stick. The main what they set out to doÐmake Government ‘‘Continental wants all of your high-yield reason is that every extra fraction of market business—and we’ll pay you for it!’’ reads a share is so important to each airline that smaller, less costly and more efficient. flier that Continental Airlines sent recently they often break away from the pack in the f to only about one out of 10 of its travel hope that they will gain a competitive ad- agents. Continental, in outlining its new vantage. That is one reason why America CANDIS ‘‘CANDY’’ SNIFFEN ‘‘Fast Cash’’ program, offered a $50 ‘‘bonus West and Southwest Airlines still offer trav- payment,’’ in addition to existing incentive el agents a 10 percent commission. programs, for costlier round-trip tickets on American Airlines learned this lesson in HON. G.V. SONNY MONTGOMERY transcontinental flights. 1992 when it tried to establish a new, sim- OF MISSISSIPPI Similarly, travel agents said sales rep- plified fare structure that it called Value IN THE HOUSE OF REPRESENTATIVES resentatives from Delta had visited them re- Pricing. Many airlines immediately fol- cently with new contracts that offered extra lowed, but others did not, and the new sys- Thursday, April 6, 1995 payments for swinging business the airline’s tem crumbled. Mr. MONTGOMERY. Mr. Speaker, on way. The fallout of the effort, however, offers a Given the fiercely competitive nature of parallel to the current capping of commis- March 28, 1995, I had the bittersweet experi- the business, other airlines will probably fol- sions. The simplified fare structure from 1992 ence of saying goodbye and thank you to low the lead of Continental and Delta. Ex- wiped out the earlier deals for discounted Candy Sniffen who retired from more than 25- cept for Continental, the largest airlines de- tickets that big corporations had made with year years of exemplary service on the Veter- clined to comment yesterday on whether airlines. Corporations insisted on restoring ans' Affairs Committee staff. I say bittersweet April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 841 because, although Candy was looking forward nia at Berkeley. She and two other attorneys diator for the State land commission during to a well-earned period of comparative peace formed the first all female law firm in the coun- the implementation of the Taylor Act. I am and quite, I know that her extraordinary skills, try. She has contributed her time and energy proud to know Mr. Anderson as a friend, and deep dedication to veterans, and expansive to the education of lawyers and judges, par- it is my pleasure to recognize his outstanding knowledge of veterans' legislation and pro- ticularly in the area of family law. achievements and contributions to the people grams are nearly irreplaceable. As we celebrate Beverly Savitt's years of of Arizona. Candy worked with Mack Fleming, who re- service to this community, I wish to recognize f cently retired as chief counsel and staff direc- Judge Savitt for her commitment to the people tor of the committee, for 21 years. I want to of Marin County, and to thank her for her long A TRIBUTE TO LT. COL. MARY stress that Candy worked with Mack. Theirs record of public service. She has been a role KRAWEC COX was a remarkably effective and professional model for women and a founding member of partnership, and Mack would be the first to many organizations devoted to empowering HON. VIC FAZIO say that Candy was indispensable to him, both women. She helped start the California OF CALIFORNIA as a valued colleague and as a trusted friend. Women Lawyers, the Marin Chapter of the IN THE HOUSE OF REPRESENTATIVES When I was told that Candy and Mack were National Women's Political Caucus, and the going to retire at the same time, it seemed Center for Families in Transition. She has Thursday, April 6, 1995 somehow very appropriate to me. been very active in the Marin County Chapter Mr. FAZIO of California. Mr. Speaker, I rise During her long tenure with the committee, of the League of Women Voters. Beverly today to pay tribute to Lt. Col. Mary Krawec Candy worked under five chairmenÐOlin Savitt has also served as Vice Chair of the Ju- Cox, who will retire effective July 1, 1995, Teague, Bryan Dorn, Ray Roberts, BOB venile Justice Commission. She helped re- after 26 years of dedicated service to the U.S. STUMP, and me. As you can imagine, dealing structure the grand jury selection process and Air Force. Lt. Col. Cox has been the Chief, with these very different individuals was a developed a questionnaire that is still in use Primary Care Clinic, USAF Clinic, McClellan challenge, but Candy met this challenge with today. AFB in Sacramento, CA, for the past 6 years. great grace, and I am grateful that I had the Beverly Savitt has been instrumental in A native of West Roxbury, MA, Lieutenant benefit of her support and assistance for more planning and implementing changes that im- Colonel Cox graduated, Emmanuel College, than 14 years. prove the quality of justice in Marin County. Boston, MA, BA degree in biology; Columbia As a working mother, Candy somehow man- She initiated a new method of handling family University, New York, NY, BS in nursing; Uni- aged to balance all of her responsibilities and law matters and promoting alternative dispute versity of Minnesota, Minneapolis, MN, mas- excel at all she did. At the same time she was resolution. I continue to be impressed by her ters degree in public health. Her first job as a training at least two generations of committee dedication and vision. Her latest achievement registered nurse was in labor and delivery, staff and keeping Mack on target, she also was being elected into the Marin Women's Kaiser Foundation Hospital in San Francisco, raised two beautiful daughters and contributed Hall of Fame this year. CA, October 68±May 69. an enormous amount of time to her church. Beverly and her husband, Jack, have been She began her Air Force career as a 2d Lest anyone think of Candy only as a sol- married for 48 years and have a son and Lieutenant, staff nurse, labor and delivery, emn do-gooder, I am told she did a very funny daughter, both married. They live in Bel- Wilford Hall Medical Center, San Antonio, TX, Dolly Parton imitation and knew many ways to vedere. May 69±70. Her Air Force career has taken bring amused smiles to the faces of her fellow Mr. Speaker, it is my great pleasure to pay her To Tachikawa, Japan, staff nurse, labor staff members. Candy's lightness of heart and tribute to Superior Court Judge Beverly Savitt and delivery, USAF Hospital Tachikawa, quick wit frequently served to lessen the ten- upon her retirement. Marin County owes a March 70±March 72. Albuquerque, NM, sion during stressful and sometimes very long great deal of gratitude for the tireless efforts of charge nurse, labor and delivery, USAF Hos- days and endeared her to her colleagues. Judge Savitt over the years. Time and time pital Kirtland AFB, NM, March 72±July 75. Candy lived out and acted on her deep, sin- again she has extended herself on behalf of Minneapolis MN, USAF nurse recruiter, July cere concern for other peopleÐboth in her so many people and for so many causes. I ex- 75±Sept 78. Mather AFB Hospital, Sac- professional and her personal life. Her spirit of tend my hearty congratulations and best wish- ramento, CA, health education coordinator, caring and compassion, her professionalism, es to Beverly and to Jack for continued suc- June 79±June 85. Adana, Turkey, primary and her can-do attitude touched and improved cess in the years to come. care nurse practitioner, Incirlik Hospital, June the lives of countless individualsÐmany of f 85±Oct 86. Sacramento, CA, Mather AFB whom will never know how much Candy Hospital, primary care nurse practitioner, Oct Sniffen contributed to their well-being. On their TRIBUTE TO HUGH LYNN 86±July 89, and McClellan AFB, chief, primary behalf, then, and on behalf of the other mem- ANDERSON care clinic, July 89±Dec 94. Fairborn, OH, bers of the committee, I want to say thank you Wright-Patterson AFB Hospital, investigator- to Candy Sniffen for her dedication, her high HON. ED PASTOR Desert Storm medical evaluations, January principles, and her strong character and to OF ARIZONA 95±May 95, and McClellan AFB, CA, June 95. wish her well in her future endeavors. Our IN THE HOUSE OF REPRESENTATIVES Lieutenant Colonel Cox has received sev- world is a measurably better place because of Thursday, April 6, 1995 eral distinguished honors through her career. her ideals and commitment. Mr. PASTOR. Mr. Speaker, I rise today to Tri Beta Biology Society, Sigma Theta Tau f recognize and congratulate the Arizona Agri- National Honor Society of Nursing, Meritorious culture Committee's 1995 Friend of Agriculture Service Medal, Air Force Commendation TRIBUTE TO THE HONORABLE Medal, Chief Nurse Insignia, California Air BEVERLY SAVITT award winner, Hugh Lynn Anderson. An Arizona native, Mr. Anderson has been Force Association Meritorious Service Award, HON. LYNN C. WOOLSEY a rancher, farmer, and community leader for California AFA Outstanding Performance over 50 years. His career in agriculture began Award, and Mather AFB Nurse of the Year OF CALIFORNIA Award. IN THE HOUSE OF REPRESENTATIVES at a young age while working on his parents' ranch in Adamana, AZ. He later attended the She has served with the American Heart Thursday, April 6, 1995 University of Arizona and received his bach- Association, AHA Speakers Bureau, Greater Ms. WOOLSEY. Mr. Speaker, I rise today to elor of arts degree in animal husbandry and Sacramento Hypertension Council, Chairman- honor one of my district's most dedicated pub- range ecology in 1934. After working for the Consumer Health Education Program Advisory lic servants, Marin County Superior Court U.S. Department of Interior and Agriculture, he Committee, Member-Medical Advisory Board: Judge Beverly Savitt. In 1983, Judge Savitt moved with his wife to Maricopa County where Sierra-Sacto Hypertension Council and became the first woman to serve on the Supe- they purchased a 1,900 acre ranch. McClellan AFB Health Consumer Education rior Court bench in Marin County. Throughout his life, Mr. Anderson has Committee. She has served the people of Marin County played an active role in community and agri- The extraordinary leadership, outstanding well in this capacity and earned the reputation culture-related organizations. He has served dedication, and ceaseless efforts of Lieutenant for streamlining and humanizing the county as the president of the Arizona Cattle Grow- Colonel Cox culminate a distinguished career justice system. ers' Association, director of the Arizona Cotton in the service of her country and reflects great Judge Savitt earned her law degree at Boalt Growers' Association and the Maricopa Coun- credit upon herself and the U.S. Air Force. Hall School of Law at the University of Califor- ty Farm Bureau. He has also served as a me- E 842 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 THANK YOU, CORINNE MARTIN you that you don't win a fight, battle or a war treatment under our laws. This is dead wrong by giving up. and our tax code must be immediately cor- HON. JAMES A. BARCIA The most serious problem with legalization rected to end this travesty. OF MICHIGAN is that it will hurt those communities who can The pro-legalization message being sent out IN THE HOUSE OF REPRESENTATIVES least afford a significant increase in the num- by these organizations is providing results. Thursday, April 6, 1995 ber of addicts, violence and crime. But do the More kids are involved with drugs than any- libertarian elites at the Cato Institute or the time in the past 20 years. Consequently, the Mr. BARCIA. Mr. Speaker, we each have wealthy Hollywood cocaine users in Hollywood number of addicts on our streets will rise dra- the good fortune to encounter many talented really care about this community? Don't kid matically within a few more years. These orga- and devoted people during our lives. Occa- yourself, they couldn't care less about the sionally we have the very rare treat of being nizations are not charitable organizations. Just damage legalization would do to the inner-city the opposite. They are organizations which associated with someone so special that we poor so long as it helps them justify their self- deliberately deceive the public and the media should constantly give thanks for our good centered and self-indulgent lifestyles. by using legitimate sounding names such as luck. They know legalization would be luckly to I have had such a rare opportunity in my as- get more than three votes in the House or the Drug Policy Foundation, or the Organiza- sociation with Corinne Martin, who had served even one in the other body. Legalization was tion for Responsible Drug Information. Yet, as the executive assistant to the city manager jettisoned with Joyclyn and is not coming they are financed and run by people who ad- of Bay City, MI, and in the city attorney's of- back. However, it is useful if your real purpose vocate or condone the use of illegal drugs. fice, the city clerk's office, the planning office is to influence young people to try and use Mr. Speaker, I would also point out that and the personnel office. Her efforts signifi- drugs. these organizations have knowingly and will- cantly contributed to the betterment of the The message the American voters sent fully violated our laws by actively lobbying lives of thousands of Bay City residents over Washington last November had nothing to do Congress. Officials from the so-called Organi- her term of service. with surrending the war against drugs. On the zation for Responsible Drug Information has Corinne Martin has earned the respect of contrary, the public wants a Congress willing contacted my office to state their opposition to her colleagues, Bay City officials, and Bay City to stick with and win the war on drugs. This my drug prevention legislation and I received residents for her sense of professionalism and Congress should consider and enact the bold a flyer just today from the Cato Institute advo- for her exemplary integrity. Her demonstrated strategy for winning the war on drugs devel- cating drug legalization. Who is contributing to capability to draft public proclamation for im- oped by past Drug Czar Bill Bennett: Cato? These organizations and the individuals portant local events have significantly contrib- First, empower and demand action from the involved with them are violating United States uted to the sense of understanding of our largely irrelevant White House Drug Policy Of- Tax Code. They need to be investigated and community and the appreciation of its history. fice; second, place economic sanctions their contributors should be required to pay Her absence from city hall has been noticed against drug exporting nations; third, transfer taxes on past contributions. by those of us who appreciate and respect her control of drug interdiction to the military; years of service. I know that her retirement fourth, identify and dismantle drug trafficking PLAYING ABC NEWS LIKE AN OLD FIDDLE has been a happy one, and that she continues organizations; fifth, block grant drug enforce- A pseudo new report airing tonight on ABC to find new ways to be of help to her commu- ment funding; sixth, demand some Presi- entitled ``America's War on Drugs: Searching nity. dential leadership in the War on Drugs; sev- for Solutions'' fails the most fundamental jour- Mr. Speaker, I invite you and all of our col- enth, close open aid drug markets; and eighth, nalistic standards by portraying pro-legaliza- leagues to wish Corinne Martin the very best expand drug testing programs. tion groupies as so-called ``experts.'' The pub- after her many years of devoted, conscien- These are some of the legislative ap- lic relations efforts of these concerns come tious, and outstanding public service to the proaches we should move to enact when the right out of a Dale Carnegie book and the people of Bay City. Congress reconvenes. It is time to prove to news media is certainly giving them credibility. f the American people we are serious about Whether duped or receptive the media in this winning the war on drugs and we now have TIME TO ENERGIZE AND RENEW country is influencing a generation to try the votes to make these accomplishments. THE WAR ON DRUGS drugs. Consequently, a higher percentage will EXPAND DRUG TESTING IN THE PRIVATE SECTOR try and never stop. Their lives and the lives of I will soon be introducing legislation to make their families will be destroyed. HON. GERALD B.H. SOLOMON it easier to drug test in the private sector. I will OF NEW YORK We have come to expect little more than vi- also be offering amendments to the appropria- olence, sex, and the glamorization of drugs IN THE HOUSE OF REPRESENTATIVES tions bills requiring drug testing of all appli- Thursday, April 6, 1995 from Hollywood but the news media should cants for employment with the Federal Gov- have a higher standard. I am submitting into ernment, including summer employment and Mr. SOLOMON. Mr. Speaker, the time has the RECORD a statement by John Walters enti- random testing of all federal employees. come to refocus our sites on the number one tled ``Tonight only; ABC Does Drugs''. We These amendments were narrowly defeated in problem in this country, drugs. Today, I am would be doing the young people in this coun- submitting into the RECORD a recent statement the last Congress. We now have the votes to enact these provisions. try a service a favor by requiring ABC news by Bill Bennett and John Walters entitled ``Re- reporters and executives to take drugsÐtruth newing the War on Drugs''. DENY STUDENT ASSISTANCE AND SUMMER JOBS TO serums. Fortunately, the public has more sense than DRUGS USERS to believe the nonsense being sent out by the I will also be offering an amendment to the WORST OF THE WORSTÐDRUG POLICY FOUNDATIONÐ Cato Institute and other pro-legalization orga- Higher Education Reauthorization Act to deny DECEPTIVE, SINISTER AND SEEDY nizations. They would have us believe that loans or grants to anyone convicted of using The time has come to expose some of since we have failed to make progress, as drugs. This amendment was narrowly de- these more sinister organizations and the measured by them, it is time to give up the feated in the last Congress. We have just seedy individuals involved with them for what fight. For the sake of our children and our begun to use the tools at our disposal to win they really are * * * organizations engaged in grandchildren we must never, never give up. the war on drugs. What we have run out of is immoral and unethical activity operating in the As the war on drugs goes on, it may be ap- tolerance for policies which have failed. gray area of the law. They are sending a dam- propriate to remember the words of one of our END TAX EXEMPT STATUS TO DRUG LEGALIZATION aging message to the young people in this greatest Presidents as he reassured the ORGANIZATIONS country and our tax law needs to more accu- American people: ``* * * the crisis we are fac- Today I am introducing legislation to end the rately reflect American people's tolerance level ing today * * * requires our best effort and tax exempt status of organizations which pro- for this type of activity. The IRS has already our willingness to believe in ourselves to be- mote or advocate the legalization of drugs. I threatened to revoke NORML's tax-exempt lieve in our capacity to perform great deeds, to would ask all of my colleagues to join in spon- status for illegal activity. This is a step in the soring this bill. I will offer this as an amend- believe that together with God's help we can right direction. and will resolve the problems which now ment to the first appropriate vehicle. confront us. After all, why shouldn't we believe The American family, trying to raise their THE TRUTH ABOUT THE DRUG LEGALIZATION IN THE that? We are Americans.''ÐPresident Ronald children in a drug free environment, is under NETHERLANDS Reagan. attack by organizations, which actually pro- What pro-legalization organizations refuse to As Americans we must win and we will win mote the use of illegal drugs. To make matters disclose about the disastrous human con- the war on drugs. As a Marine I can assure worse, these organizations receive favorable sequences which have occurred in the country April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 843 where they have already tested legalization crease in drug-related AIDS deaths for fort of making their government put the co- tells you a lot about their true intentions. You women. caine trade out of business. It is time to give will never hear the truth about the failure of Drug dealers and drug users are financing them such a reason. During the recent em- drug legalization in the Netherlands from Drug the violence which permeates many of the bargoes on Iraq and Haiti, experts warned that these measures are most effective when Policy Foundation. cities, towns, and schools of this country. applied rapidly and totally against a trading According to the President of the Dutch Na- CRIME, VIOLENCEÐDRUGSÐTHE COMMON ally. The U.S. accounts for more than 70 per- tional Committee on Drug Prevention, K.F. DENOMINATOR cent of Colombia’s licit foreign exports. We Gunning, M.D. crime and drug use has sky- Mr. Speaker, I would simply conclude by need to tell the Colombians, in effect: ‘‘Stop rocketed since legalization was implemented quoting the Chairman of the Partnership for a sending the cocaine, or you can keep every- in the Netherlands. According to the Dutch Drug Free America, Mr. James Burke, ``We thing else. If the cocaine keeps coming we Government, the results of their decriminaliza- cannot and will not make progress with crime, don’t want your $[to be added] in coffee.’’ tion/legalization drug policy has resulted in: A violence or other ills until we make a long-term Such action against Colombia would change the priority of anti-drug efforts throughout 250 percent in drug use since 1993; a dou- commitment to addressing a common denomi- bling of marijuana use by students since 1988; the international community. nator in so many of these problemsÐdrug Third, put the U.S. military in charge of armed robberies up by 70 percent; shootings abuse.'' stopping the flow of illegal drugs from are up by 40 percent; and car thefts are up by RENEWING THE WAR ON DRUGS abroad. Require federal law enforcement 60 percent. (By William J. Bennett and John P. Walters) agencies responsible for drug interdiction to The number of registered addicts in the operate under the overall command and con- Through its indifference to rising drug use Netherlands has risen 22 percent in the past trol of the military. This mission will re- and its erosion of the moral and govern- quire continuous adaptation because traf- 5 years. There were 25,000 new addicts in mental foundations of the successful anti- fickers will inevitably try new avenues as 1993 alone. Furthermore, the number of orga- drug efforts of the past two administrations, the old ones become too costly. Some in the nized crime groups has grown from 3 in 1988 the Clinton Administration has put the na- military will object to this non-traditional to 93 in 1993. The drug legalization has had tion on a dangerous path. The President a disastrous effect in the county where it has bears the principal political responsibility mission and its cost. But no law enforcement for this record. And only he can use his office organization will ever have the intelligence been tested. and operational capabilities for the interdic- CLINTON'S LEGACY, A DRAMATIC INCREASE IN DRUG USE to begin to correct it. Congressional leaders in both parties should give him every pos- tion task that the military already pos- AND DRUG VIOLENCE sesses. Over the last few years the U.S. has Mr. Speaker, President Clinton is not going sible incentive to do just that. If the Clinton Administration does not see the light, it used its military resources to protect poor down in history for any great domestic policies should feel the political heat. and endangered citizens of other countries. or strides in economic improvement. Certainly, As the past two years demonstrate, the na- It is time—it is past time—to stop overlook- he isn't going to be known for any diplomatic tion cannot sustain an effective anti-drug ef- ing the poor and endangered in our cities. or human rights breakthroughs. The only fort without leadership. Congress, governors, Fourth, the drug trade inside the U.S. re- measurable difference the American people mayors, and community leaders, need to lies on sophisticated senior management. Despite periodic law enforcement successes, have witnessed during his tenure in office is meet this challenge. There are specific roles to fill for federal, state, and local govern- federal domestic enforcement agencies have that the crime and drug situation dramatically produced no serious disruption of major traf- worsened. The crime and drug statistics will ments, as well as the private institutions that support our families and communities. ficking operations. And for the last two speak for themselves in 1996. years the Clinton Administration has al- Today, 1 out of every 10 babies born in the RESTORING EFFECTIVE FEDERAL ACTION lowed the DEA, FBI, and other drug enforce- United States is addicted to drugs. How can The cornerstone of national anti-drug ef- ment agencies to curry political favor with anyone honestly believe that selling drugs is a forts is to give force to the principle that local authorities by assigning federal person- nonviolent crime when even newborns are the drug use is wrong, harmful and will not be nel to augment manpower for cases with no tolerated. This principle should be embodied victims. And under this President's watch, ac- federal significance. This might be accept- in the institutions of society, which, in turn, able if important federal responsibilities cording to the 1994 University of Michigan should be organized to give force to that were being met. But they are not. We there- study of 50,000 high school students, drug principle. Without the federal government fore need to establish clear federal drug en- use is up for all grades. These numbers reveal doing its part, this endeavor will be much forcement priorities and hold enforcement that drug use is up in all these grades for more difficult. authorities accountable for meeting them. crack, cocaine, heroin, stimulants, LSD, and First, while efforts by the federal govern- For example, the Attorney General should be marijuana. ment are not sufficient, they are a necessary required to prepare a report every six And let's face the facts about violence in element of an effective national anti-drug ef- months identifying all major drug traffick- this country. Drug users and drug pushers are fort. Executive leadership begins with the ing organizations known to be operating in president and his appointees in relevant ex- the U.S. and a plan to deploy federal enforce- responsible, directly and indirectly, for most of ecutive agencies. The White House drug pol- ment personnel to dismantle them. Congress the violence in this country. According to the icy office was created—at the insistence of a should also make the funding for federal Partnership for a Drug Free America, drug use Democratic Congress—to organize and lead drug enforcement agencies contingent on ef- is related to half of all violent crime. Illegal the war on drugs. Right now that office is fectively implementing this policy. drugs play a part in half of all homicides. In not doing its job, and the Clinton Adminis- Fifth, the Congress should combine exist- fact, over half of those arrested for homicides tration has made it largely irrelevant. The ing federal aid to the states and localities for in this country test positive at the time of ar- President should give someone the respon- drug enforcement, prevention, and treatment rest. sibility and the authority to get the execu- (now, roughly $3.5 billion per year) into a tive branch, and the federal government, single block grant distributed on the basis of Drug use is a factor in half of all family vio- back in the fight. population. Individual program mandates lence and most of this violence is directed Second, the world headquarters for the co- should be abolished so states and localities against women. And over 30 percent of all caine industry is Colombia. The era of mean- can establish and pursue their own priorities child abuse cases involve a parent using ille- ingful partnership with that government has for fighting drug use and drug crime. Law gal drugs. The Nation's health care system is ended. And there are reliable press reports enforcement, drug treatment, and prevention straining from the war on drugs with nearly that the current president of Colombia re- education are local responsibilities. Wash- 500,000 drug-related hospital emergencies a ceived campaign money from the cartels. ington’s bureaucratic regulation has utterly year. Yet, under President Clinton's term in of- But the heart of the matter today is that failed to engender programs that foster local U.S. and Colombian enforcement agencies accountability. Therefore, the new block fice, these visits continue to escalate. In fact, know who the leaders of the cartels are and grant should be designed to restore local re- drug-related emergency room visits are up 8 where they are. The Colombians could arrest sponsibility by phasing them out after three percent over last year. or force into hiding the management of the years. In this way, communities will have an LEGALIZATION POSES GREATER HEALTH RISK FOR cocaine industry, and disrupt the cocaine incentive to use these funds for those activi- BLACKS AND WOMEN trade as they have done in the past. But ties that demonstrate sufficient merit to de- Most of the new AIDS cases in this country there is no evidence the Colombian govern- serve long-term support entirely from local are women. Legalization in the Netherlands ment has any intention of doing so. Occa- sources. sional showy enforcement operations con- led to a dramatic increase in the number of tinue, but no real efforts are mounted and CREATING EFFECTIVE LOCAL ACTION addicts in that country. More addicts translates therefore no real progress is made. The U.S. Sixth, drug prevention is central to all ef- into more intravenous drug users and more government has done virtually nothing to fective anti-drug efforts. Young people who prostitution. An increase in the number of ad- give the legitimate interests in Colombian do not use drugs in their teens are unlikely dicts in this country will translate into an in- society reason to undertake the risk and ef- to ever become involved with illegal drugs. E 844 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995

But each generation must be taught that il- TONIGHT ONLY: ABC DOES DRUGS If America’s drug problem were not so seri- legal drug use is wrong and harmful. This (By John P. Walters) ous, it would be possible to regard a program lesson must be taught by the community as Tonight, Jeff Diamond—the NBC ‘‘Date- this bad and heavy-handed as comic. But a whole; indeed, by our culture. Children line’’ producer who took the blame for rig- America’s drug problem is no laughing mat- learn about drugs by what the adults around ging those exploding pickup-truck gas ter. Thus this show is not just inexcusably them as a whole say and do. Parents teach tanks—is back, and he’s on drugs. Specifi- bad journalism—it is highly irresponsible by precept and example. The same is true of cally, he is part of the team that created the broadcasting. schools and the communities. If drug use and ABC News special: ‘‘America’s War on Drugs: f sale is not aggressively opposed and pre- Searching for Solutions.’’ vented, children learn it is acceptable, de- The show, hosted by Catherine Crier, be- THE AMTRAK RESTRUCTURING spite what some adults may occasionally tell gins with the usual ‘‘we’ve lost the drug ACT OF 1995 them. Teaching drug prevention must be a war’’ footage and rhetoric. Of course, the part of teaching children right from wrong. show never explains that drug use declined It will always fall to parents to provide that steadily and dramatically prior to the Clin- HON. WILLIAM O. LIPINSKI ton administration, which undermined anti- education in the home and act to ensure that OF ILLINOIS drug efforts on all fronts. But this is stand- schools and their communities are teaching ard fare. Tonight’s program is designed to IN THE HOUSE OF REPRESENTATIVES this lesson effectively. This task is easier if break new ground. Thursday, April 6, 1995 national leaders set the right example and It begins in earnest with the story of Jim speak in support of parents. But since that Montgomery, who, we are told, was sen- Mr. LIPINSKI. Mr. Speaker, at the request of national support has seriously eroded, par- tenced to life in prison for having two ounces the President Bill Clinton and Secretary of ents, churches, schools, youth organizations, of marijuana in the backpack of his wheel- Transportation Federico PenÄa, Transportation and communities are more important than chair. This is the show’s illustration of drug and Infrastructure Committee Ranking Mem- ever. They have always been, and will always enforcement in America. Apparently, ABC remain, the first line of defense for children. couldn’t find a grandmother on death-row for ber Norm Mineta and I are today introducing Seventh, open-air drug markets feed addic- carrying a roach clip in her purse. ABC does the Amtrak Restructuring Act of 1995 and the tion and are a visible sign of the toleration not just want to keep alive the liberal myth Interstate Commerce Commission Sunset Act of the drug trade in our nation. It is a na- that prisons are filled with ‘‘low-level drug of 1995. tional disgrace that such markets are toler- offenders,’’ ABC wants to take that myth to I have not agreed to introduce these two ated in virtually every major American city. a new level. Never mind that the Bureau of pieces of legislation at the request of the Drug pushers cannot operate effectively Justice Statistics reports that federal in- President because I support or endorse them mates convicted of marijuana trafficking when law enforcement personnel are present. in their entirety. Rather, I am introducing them Forcing drug deals from open spaces makes were involved, on average, in the sale of 3.5 tons of pot. And forget that only 21.3 percent in an attempt to bring the administration's their lives more difficult and dangerous and of state prisoners are drug offenders and that views to the table on these important and con- hence their activities less frequent. Many more than 96 percent of state prisoners have troversial issues. communities have demonstrated that creat- prior convictions. Mr. Speaker, these are but two of the bills ing a law-enforcement presence and main- But this is all just an introduction to the taining it in response to relocation efforts by that will be introduced this Congress on the ‘‘solution’’ ABC wants to offer for the drug restructuring of Amtrak and the sunset of the drug dealers is doable—but only if closing problem. That solution is, of course, legal- drug markets is made a priority. In the next ization. Interstate Commerce Commission. I may even year, mayors, city councils, and police chiefs First, Ms. Crier and Mr. Diamond present a introduce other legislation on these issues my- should pledge to close all open air drug mar- loving portrait of—you guessed it—the Neth- self. These two bills are merely the Adminis- kets in their communities. Citizens should erlands, especially Amsterdam. Drugs are ac- tration's contribution to the debate. demand such a pledge and make clear that cepted, addiction is limited, and, according When we return from the April District Work they will insist that these officials keep it. to ABC, crime is not a serious problem. The Period, the Subcommittee on Railroads will be We need to stop claiming that the crime and only problem with this idyllic picture is that marking up legislation on Amtrak and the ICC. drug problem in our communities is someone it is an utter fabrication. A 1992 study found As the Ranking Democratic Member on the that the Netherlands now ranks first in Eu- else’s responsibility. Decisive action can be Subcommittee, it is my responsibility to evalu- taken by local officials and community rope in the category of threats and assaults; ate every alternativeÐDemocratic, Repub- members now. robberies increased by more than two-thirds Eighth, drug testing is a proven tool to dis- from 1988 to 1992 (with 43 percent of burglars lican, bipartisan, or AdministrationÐand pro- courage drug use by individuals in treatment describing themselves as drug-users); gun-re- vide the opportunity for the other members of and those in the criminal justice system. lated deaths are on the rise (almost all in- the subcommittee to do the same. That's why volving drug disputes); and out of roughly Good treatment programs require regular I've agreed to introduce these bills today. 100 ‘‘highly organized’’ criminal gangs oper- testing and apply sanctions against individ- ating in the Netherlands, 73 are engaged in f uals who relapse. Drug testing arrestees pro- drug trafficking. vides a basis for using bail, sentencing, re- The Amsterdam Municipal Health Service INTRODUCTION OF THE DELAURO- lease conditions and other aspects of the reported a rise in hard-core addicts, attrib- LOWEY WATER POLLUTION CON- criminal justice system to compel individ- uted to a significant rise in the local heroin TROL AND ESTUARY RESTORA- uals to stop using drugs. Including an ex- supply and a drop in price of as much as 75 TION ACT OF 1995 tended period of regular testing after con- percent in the last few years. ABC also victed drug-using offenders complete their missed the fact that the Rotterdam Munici- sentences, discourages a return to drug use pal Council has reported that cocaine use has HON. NITA M. LOWEY and crime. Positive drug tests must involve risen substantially, to 3.3 percent of the resi- OF NEW YORK steadily escalating penalties (starting with a dent population over age 15. And in Amster- one or two-day return to jail or a half-way dam, cocaine users have been estimated at IN THE HOUSE OF REPRESENTATIVES house and moving to reincarceration for an 5.8 percent of the population—vastly higher Thursday, April 6, 1995 extended period). Most heavy drug users pass than anything in the United States. through the criminal justice system and any After a fantasy trip to the Netherlands, Mrs. LOWEY. Mr. Speaker, today Congress- short-term costs of creating temporary de- Ms. Crier takes her audience to England for woman DELAURO and I are once again joining tention facilities for the enforcement of a a loving look at the ‘‘successes’’ of legally with a geographically diverse group of our col- drug testing program will save larger costs prescribing heroin to addicts. ABC, however, leagues in reintroducing legislation to renew does not review what happened the last time to the community in repeated criminal jus- and expand the Federal Government's role in Britain experimented with legalization, back tice expenditures on the same individuals in the 1960’s. As James Q. Wilson has writ- controlling pollution and in stewarding our and the damage their crimes do to the inno- ten, that British Government experiment coastal resources. cent. with controlled heroin distribution resulted Our legislationÐthe Water Pollution Control These eight steps—involving federal, state, in, at minimum, a 30-fold increase in the and Estuary Restoration Financing ActÐwas local, and individual action—will reverse the number of addicts in 10 years as heroin was first inspired more than 4 years ago by the dangerous resurgence of drugs that has oc- diverted from patients to new users on the dedication of citizens in our communities who curred during President Clinton’s watch. streets. And a British Medical Journal report have spearheaded the effort to save Long Is- These actions will help turn the country on the ‘‘experiment’’ estimated that the away from its present course and go a long number of heroin users doubled every 16 land Sound. In fact, labor, business, and envi- way toward making progress in the war on months from 1959 to 1968. Now some in the ronmental groups in New York and Connecti- drugs. And that, in turn, will help America English medical community are trying to re- cut have taken the bold step of setting aside to become a safer, more decent and more civ- peat this experience, and ABC seems to historic differences to work together to ad- ilized society. think Americans should join them. dress the need for effective water pollution April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 845 control. Just last fall, their hard work took a sponsibilities of Federal agencies concerned 7, 1995. Throughout his lifetime, Mr. Brady major step forward with the signing of the with the program, including the Environmental has contributed greatly to the people of the Long Island Sound Clean-up Plan by the Protection Agency [EPA] and the National City of Philadelphia. States of New York and Connecticut and EPA Oceanic and Atmospheric Administration A graduate of Saint Thomas Moore High Administrator Carol Browner. [NOAA]. Specifically, the bill states that imple- School and the Martin Technical School, Mr. Despite these achievements for Long Island mentation of estuary management plans is a Brady began a distinguished career in public Sound, much remains to be done to take our non-discretionary duty of the EPA. The meas- service in 1975. Mr. Brady served as the As- Nation's estuaries off the endangered list. Na- ure seeks to improve Federal leadership in the sistant Sergeant at Arms for the Philadelphia tionally, we face an appalling backlog of water NEP by directing the EPA to promulgate City Council and the Labor Liaison to the May- quality infrastructure upgrade needs that guidelines for development, approval, and im- or's Office from 1975 to 1986. A working man threatens to choke our economy just as it is plementation of comprehensive management robbing our waters of life-giving oxygen. Quite plans. Other important proposed changes in- first, last and always, Bob Brady has served simply, we need leadership at the Federal clude measures to improve coordination of as Legislative Representative of the United level to match the energy and ingenuity of our clean-up efforts with other Federal activities in Brotherhood of Carpenters and Joiners. communities that are working toward a better estuaries. In short, this bill is designed to Since 1965, Mr. Brady has been a leader in environmental and economic future. Without make certain that those plans do not end up the Democratic Party of Philadelphia, cul- strong Federal leadership and substantial on shelves in bureaucrats' offices, but instead minating in his election as Chairman of the funds to back it up, we run the risk of squan- truly clean up these critical bodies of water. Democratic County Executive Committee of dering over 20 years of progress in cleaning In the 103d Congress, the DeLauro-Lowey Philadelphia. In addition, to his work with the up and protecting our waters. Water Pollution Control and Estuary Restora- Democratic Party, Mr. Brady has been ap- Therefore, our legislation will re-ignite Fed- tion Financing Act received strong bipartisan pointed as a member of the Pennsylvania eral, State, and local cooperation in water pol- support and backing from a unique nationwide Turnpike Commission and the Delaware River lution control by significantly increasing annual coalition of business, labor, and environmental Port Authority. In those two positions, he has authorization levels for the State Revolving groups who recognize the ties that bind the made important contributions in creating jobs Fund [SRF] Program to $4 billion and then $5 condition of our waters and the state of our and protecting the rights of workers. billion beginning in 1998. In the context of our economy. Provisions similar to our bill were in- In his 50 years, Mr. Brady has already given continuing budgetary problems, these author- cluded in the clean water reauthorization bill more to the City of Philadelphia than many izations may appear high. But without a re- reported last year by the Senate Environment people give in a lifetime. I hope that he will newed Federal commitment to clean water, and Public Works Committee. continue to have a long and successful career the estimated $200-billion shortfall over the As we reintroduce our legislation today, for at least 50 more years, and I look forward next decade in sewage treatment upgrades however, we do so at a time when the Clean leaves our States with two unacceptable alter- Water Act is under attack. The act's reauthor- to continuing to work with him. I hope all of my natives: swamp their residents with higher ization that is being developed in committee colleagues will join me in wishing Mr. Robert taxes, or allow vital waterways to die and their threatens to undermine much of the progress Brady a very happy 50th birthday. economies to stagnate. It is encouraging that that has been achieved in approving our Na- f the Subcommittee on Water Resources and tion's water quality. For example, by decreas- Environment has recently approved an in- ing protection for our Nation's remaining wet- VOICE OF REASON IN BOSNIA crease in the SRF to $3 billion. This is an im- lands and repealing provisions in the Coastal portant step in the right direction, but I hope Zone Management Program that require this Congress can do better before the bill be- coastal States to develop enforceable polluted HON. CHRISTOPHER H. SMITH comes law. runoff control programs, this legislation would In addition to expanding and modernizing turn back the clock on environmental protec- OF NEW JERSEY the Nation's water pollution control infrastruc- tion and pose new threats to our Nation's vital IN THE HOUSE OF REPRESENTATIVES ture, we must support efforts to spend clean waterways. We must not allow this to happen. water dollars as intelligently as possible. To Mr. Speaker, our legislation is a call to ac- Thursday, April 6, 1995 that end, our legislation departs from past tion that says through sensible investments in Mr. SMITH of New Jersey. Mr. Speaker, practice by earmarking a portion of the SRF water pollution control we can help ensure our people from the Balkans are often character- funds for the implementation of comprehen- economic and environmental future. Without ized according to their ethnic background, and sive estuary management plans. These com- Federal assistance, our estuaries will die while prehensive conservation and management the assumption is made that each personÐ the long-term growth of our economies suffers. from the villager to the leader in societyÐ plans are designed to utilize the most cost-ef- In conclusion, I want to thank all 36 of my looks out for the interests of only their own fective mix of policies to reduce water pollution colleagues who have joined Ms. DELAURO and people. In Bosnia, that can be a very mistaken in sensitive coastal regions. And, rather than myself in introducing this legislation. We all assumption. heavy-handed mandates from Washington, are keenly aware that by failing to help our these plans are founded on voluntary partner- municipalities meet their infrastructure needs, Three years of aggression in Bosnia have ships among people with a shared vision for we are forcing them to tie up scarce local dol- admittedly sharpened the priority given to eth- reinvigorating our economy and revitalizing our lars that otherwise could be used to improve nic identity by all sides, Bosnian, Muslim, bays, rivers, and beaches. At present, commu- schools, fight drugs and crime, provide hous- Croat and Serb, which is shaped largely by re- nities in and around 21 of our Nation's estu- ing and health care, or meet the needs of the ligious background. However, there remains a aries are at work developing plans; another elderly and disabled. In the end, every one large number of individuals more committed half dozen will be added to the National Estu- stands to lose. We also understand that clean than ever to the concept of a multiethnic ary Program [NEP] later this year. water is a national priority. Just as rivers and Bosnian society in a unified state, where all Moreover, our legislation would strengthen coastal waters affect and are affected by the are equal before the law, where all tolerate section 320 of the Clean Water Act, which au- policies of various States, an interstate com- each other and respect their cultural dif- thorizes the National Estuary Program. First mitment is essential to success. ferences. established under the Water Quality Act of The time has come to act, Mr. Speaker. Few, if any, symbolize this true Bosnian 1987, the NEP provides a mechanism for bringing together Federal, State, and local au- f spirit, with which Americans find so much af- finity, more than the Roman Catholic Arch- thoritiesÐand interested citizensÐto develop SALUTE TO MR. ROBERT A. comprehensive, watershed-based plans for BRADY bishop of Sarajevo, Vinko Cardinal Puljic, who cleaning up and protecting nationally signifi- recently visited Washington. During his visit, cant estuaries. In Long Island Sound, Puget HON. THOMAS M. FOGLIETTA he expressed a sense of optimism about the ability of the people of Bosnia-Herzegovina to Sound, Massachusetts Bay, and a number of OF PENNSYLVANIA other estuaries, the NEP has helped bring IN THE HOUSE OF REPRESENTATIVES about unprecedented cooperation aimed at saving these threatened waters and the Thursday, April 6, 1995 economies that rely on them. Mr. FOGLIETTA. Mr. Speaker, I rise today Our bill would build on the success of the to salute Mr. Robert Brady of Philadelphia NEP by clarifying the funding and staffing re- whose 50th birthday will be celebrated on April E 846 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 live together in peace, but evoked as well a Therefore, it is imperative that the Bosnian own Croatian community. This is not, how- sense of urgency about the current plight of Federation receive the support it needs to ever, a religious conflict, nor is it simply a the Roman Catholic community. He also ex- succeed, but it would be a tragedy if the Fed- consequence of the resurgence of ‘‘ancient eration and international peace plans were pressed a sense of frankness about the trou- hatreds’’ between different religious, ethnic, used to partition Bosnia along ethnic lines. and national groups who cannot live to- blemakers that continue to exist among his fel- A peace which does not correct injustices, gether in peace. Ethnic, religious differences low Bosnian Croats. Finally, he expressed a which rewards aggression, which does not certainly do exist, and, regrettably, they sense of outrage about the abandonment of permit refugees and displaced persons to re- have been depended by the war. But they BosniaÐHerzegovina by the international turn to their homes, and which is based on cannot explain adequately what is happening community. ethnic division can be neither a just nor a in my country. The main cause of the con- On the latter point, I would like to quote an permanent one. flict and suffering in Bosnia-Herzegovina is appeal for a just peace which the Cardinal re- 3. I, like so many in Bosnia-Herzegovina, an attempt by extreme nationalists and oth- leased on March 30, prior to departing Wash- am astonished and bewildered, almost to the ers who fear democracy to create an eth- point of despair, at the international com- nically pure Greater Servia. ington. He said: munity’s indifferent, half-hearted, inconsist- I, like so many in Bosnia-Herzegovina, am ent and ineffectual response to aggression f astonished and bewildered, almost to the and ‘‘ethnic cleansing.’’ Not only has the point of despair, at the international com- international community not acted deci- LONG-TERM CARE INSURANCE TAX munity’s indifferent, half-hearted, inconsist- sively, it has even contributed to the ethnic TREATMENT AND CONSUMER ent and ineffectual response to aggression division of Bosnia and has legitimized ag- PROTECTION ACT and ethnic cleansing. Not only has the inter- gression by failing to uphold basic moral and national community not acted decisively, it legal norms. If the principles of peace and has even contributed to the ethnic division international justice are buried in the soil of HON. FORTNEY PETE STARK of Bosnia and has legitimized aggression by the Balkans, Western civilization will be failing to uphold basic moral and legal threatened. In Bosnia, the international OF CALIFORNIA norms. * * * In Bosnia, the international community’s tepid response has only encour- IN THE HOUSE OF REPRESENTATIVES community’s tepid response has only encour- aged those who would respond to extremism aged those who would respond to extremism with extremism, to intolerance with intoler- Thursday, April 6, 1995 with extremism, to intolerance with intoler- ance, to aggression with aggression, and to ance, to aggression with aggression, and to ‘‘ethnic cleansing’’ with ‘‘ethnic cleansing.’’ Mr. STARK. Mr. Speaker, today I am intro- ethnic cleansing with ethnic cleansing. I am convinced that there are moral means ducing the Long-Term Care Insurance Tax I ask that the full text of the Cardinal's ap- to thwart immoral aggression. The inter- Treatment and Consumer Protection Act of peal be printed in the RECORD, and I ask my national community must have the will to 1995. This bill establishes critically needed colleagues to read it. While the politician, the use the means available to it to protect standards for long-term care insurance poli- diplomat or the soldier can bring about an end threatened populations, to encourage demili- cies. It makes changes that will protect elderly to hostilities in Bosnia Herzegovina, it will take tarization, and to establish other conditions consumers from the misleading practices that necessary for progress towards peace. The so- leave them without adequate insurance cov- people like Cardinal Puljic to bring about a lution can not be simply to give up and with- real peace, a lasting peace through reconcili- draw. If the United Nations and the inter- erage for nursing home and home care. ation and outspoken opposition to the evil national community do not now have effec- The bill establishes minimum standards that forces of exclusivity that permeate his society. tive means to respond to the humanitarian long-term care insurance policies must meet. I applaud his efforts. crises in Bosnia and elsewhere—and it is The standards include requirements for stand- AN APPEAL FOR A JUST PEACE IN BOSNIA- clear that they do not—then nations have ardized outlines of coverage and terminology HERZEGOVINA the responsibility to take the steps nec- that will enable consumers to make intelligent I come to Washington, D.C. to offer an- essary to develop more effective inter- choices about which policy to purchase. The other heartfelt plea that the United States, national structures. standards will prevent discrimination in regard 4. This is not a religious conflict, but some in conjunction with the international com- to certain disabling conditions. They assure munity, will take more decisive steps to sup- would misuse religion in support of ethnic division and extreme nationalism. Therefore, that benefits will be delivered in the full range port those of us in Bosnia-Herzegovina who of settings available for the care of the elderly. are struggling to bring about a just peace, as a religious leader, I believe I have a spe- based on equal respect and equal rights for cial responsibility to stand beside those who The Ways and Means Committee recently all ethnic and religious identities in my are victims of injustice and aggression, re- passed H.R. 1215. That bill includes provi- country. gardless of their religious, ethnic, or na- sions that allow individuals to include long- 1. The facts of Bosnia’s tragedy are well tional identity. I also believe that, even term care insurance premiums as a part of known, but they bear repeating. In three though a just peace seems far off, religious their itemized expenses for medical care, to years, I have seen the Catholic population of and other leaders must not wait for an end to war to begin the daunting task of reconciling the extent that those expenses exceed 7.5 my archdiocese reduced from 520,000 to about percent of adjusted gross income. In effect, 125,000 people, most of whom live in small en- deeply divided communities. We must pro- claves. Less than a third of the parishes are mote a moral and spiritual renewal that can H.R. 1215 encourages people to purchase still functioning. The situation is even worse heal the hatred, despair and division which long-term care insurance by permitting favor- in the Banja Luka Diocese, where more than this war has brought. Only by rebuilding the able tax treatment of the premiums. My bill 80% of the Catholics have been forced out by spiritual life of our people can we ensure contains the same long-term care insurance ‘‘ethnic cleansing.’’ Overall, of the 830,000 that the horrors we have lived through for provisions as in H.R. 1215, but with an impor- Catholics who lived in Bosnia before the war, the last three years will not be repeated. tant difference: my bill contains the standards With God’s grace, we will succeed. only half remain. If the war continues, that are needed to prevent consumer abuse. Catholics risk being exterminated from large 5. Amidst the great suffering we have been parts of Bosnia and Herzegovina, despite forced to endure, we have found the grace to Abuses of consumers in the long-term care thirteen centuries of our organized presence persevere in hope, for we know that this war insurance market are severeÐso severe that there. The Catholic community does not is not our destiny. We have also found hope a past president of the National Association of have a monopoly on suffering in Bosnia and in the prayers and moral and financial sup- Insurance Commissioners [NAIC] has said that Herzegovina. I cite these statistics simply to port we have received from the Catholic the very viability of this product is in question. remind Americans of the magnitude of the Bishops Conference and its aid agencies, and The NAIC has developed model standards suffering that is being inflicted upon the peo- countless individuals and organizations in that each State may adopt in order to regulate ple of Bosnia and Herzegovina. the United States. For these generous acts of 2. Despite obvious obstacles, there can be solidarity, we are deeply grateful. long-term care insurance. States vary widely, no alternative to pursuing a just peace in I conclude where I began. The ordinary however, in their application of the standards. Bosnia and Herzegovina. Time is running out people of my archdiocese and my country are For example, Washington, DC enforces none but it is still not too late. tired of war; they yearn to be allowed to live of the recommended standards, while Con- A just peace requires respect for the terri- together in peace. But we cannot do it alone. necticut has adopted 24 of the 28. torial boundaries of Bosnia-Herzegovina and We need more decisive action by the inter- This bill would require the States to certify its multi-ethnic and multi-religious char- national community. I implore you: Do not that long-term care insurance policies being acter. The international community must continue to abandon us! Do not continue to sold in the State meet the consumer protec- support us in our efforts to rebuild a country acquiesce in the practical victory of injus- in which ethnic Bosnian Muslims, Serbs and tice and war! Help us to realize the justice, tion standards. The premiums for policies that Croats can cultivate their respective identi- peace and reconciliation for which we so ar- do not meet the standards could not be used ties at the same time that they respect the dently pray and struggle! as an itemized tax deduction. This structure equal rights and equal legitimacy of the eth- There are many forces fueling this con- would provide incentives to States to enforce nic and religious identities of other citizens. flict, some of them coming from within my consumer protection standards. It would also April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 847 provide incentives to consumers to purchase small fraction of the cost of nursing home ments of the bill received the tax treatment long-term care insurance policies, not only be- care. set forth in the bill. Similarly, the bill would cause they could get a tax deduction but also By purchasing inflation protection, a policy- provide a safe harbor with respect to the de- because they would be assured that the poli- holder is also protected from having to buy ad- ductibility of certain expenses for long-term care services. Expenses for premiums and cies are good products. ditional coverage at a later date. Some poli- services that satisfy the requirements of the When a consumer decides to purchase a cies currently do allow a person to buy addi- bill would be deductible as medical expenses. policy, there is a dizzying array of policies and tional coverage. When bought later, however, QUALIFIED LONG-TERM CARE INSURANCE riders available. Benefits and terminology vary additional coverage is more expensive. This is CONTRACTS greatly. It is almost an impossible task for a because the person pays the then-current In order to receive the tax treatment set consumer to make an effective choice of pol- price based on his attained age. This bill forth in the bill, a long-term care insurance icy. would require the insurer to offer the pur- contract would have to meet certain require- This bill would require the insurance com- chaser the option to purchase inflation protec- ments. A qualified long-term care insurance pany to provide the consumer with an outline tion. In addition the insurer would have to pro- contract would be defined as one that meets of coverage. The outline of coverage would be vide the consumer with a comparison of the the following requirements: the only insur- in a standard format, contain specific informa- benefits over 20 years with and without infla- ance protection provided under such con- tion and use standardized terminology. The tion protection. The consumer then can make tract is coverage of qualified long-term care outline of coverage would enable a consumer an informed decision about whether the cov- services; if Medicare is the primary payer, the contract does not cover expenses that to compare plans and to choose the policy erage under the policy will be adequate many are reimbursable under Medicare; the con- that best meets his or her needs. years in the future. tract is guaranteed renewable; the contract The outline of coverage would also assure One of the ways in which insurance compa- has no cash surrender value; all refunds of that the consumer knows in advance the cri- nies are able to avoid paying benefits to pol- premiums (other than on surrender or can- teria for receiving benefits under the policy. icyholders is to put restrictions on the diag- cellation of the contract), any dividends, or Policies currently are so confusing, that it is noses that will be covered. The protections in similar amounts are applied toward future often unclear when and where benefits can be this bill would prevent discrimination against reduction in premiums or to increase future used. A senior may think that, when she be- people with Alzheimer's disease and other dis- benefits; and the contract has been certified under the State regulatory program that has comes unable to care for herself, she can get abling conditions. A policy could not use dif- been approved by the Secretary of Health assistance with activities of daily living in her ferent criteria to receive benefits and could not and Human Services. own home, and later find out that benefits are pay different amounts of benefits for people QUALIFIED LONG-TERM CARE SERVICES only available in a certified nursing home or with those disabling conditions. The bill would define qualified long-term when she needs skilled nursing care. By clear- When a consumer has a policy that pro- care services as necessary diagnostic, pre- ly defining the threshold conditions for receiv- vides benefits for home care, he or she ex- ventive, therapeutic, curing, treating, miti- ing benefits, there will be no doubt about ex- pects to be able to get assistance with things gating, rehabilitative, and maintenance or actly what services an individual can receive like bathing and dressing. Yet some policies personal care services that are required by a and where they can be delivered. that cover home care will cover only the serv- chronically ill individual, pursuant to a plan Currently, long-term care insurance policies ices of a registered nurse in the person's of care prescribed by a licensed health care often do not provide for an examination pe- home. This practice defeats the purpose of practitioner. riod. When a consumer is dissatisfied with a providing coverage for home care. Many peo- A chronically ill individual would be de- fined as one who is unable to perform at policy, there is no way to return it without for- ple can remain in their own homes for a much least 2 activities of daily living for a period feiting the premium already paid. This bill al- longer period of time and avoid more costly of at least 90 days due to a loss of functional lows a 30-day examination period during nursing home care, if they receive needed as- capacity or due to cognitive impairment or which the policy can be returned for a full re- sistance with activities of daily living. That having a similar level of disability (as deter- fund. If a person purchased long-term care in- does not necessarily mean, however, that they mined by the Secretary of the Treasury in surance through a health plan at work, the bill need a nurse to provide skilled care. This bill consultation with the Secretary of Health would assure that the person was given the requires that policies covering home care in- and Human Services). opportunity to continue coverage when he or clude those services that are most beneficial The activities of daily living would be de- fined as eating, toileting, transferring, bath- she leaves that job. to people in their own homes. It also allows ing, dressing, and continence. Right now insurance companies can cancel services to be delivered in all types of residen- or refuse to renew a policy because the pol- tial facilities, such as assisted living facilities, EXCLUSION FOR BENEFITS AND FOR EMPLOYER PROVIDED COVERAGE icyholder has developed an illness that the rather than just in skilled nursing facilities. company thinks is too big a risk. This bill Last year, the Ways and Means Committee The bill would provide that benefits paid under a qualified long-term care insurance would prohibit companies from canceling a came to a bipartisan consensus on standards contract are excludable from gross income to long-term care insurance policy unless the pol- for long-term care insurance. Those consen- the extent that benefits do not exceed $200 icyholder failed to pay the premiums, commit- sus standards are embodied in this bill. In tes- per day (indexed for inflation after 1996). ted fraud, or did not disclose relevant informa- timony on January 20, 1995 before the health An employer’s contributions for qualified tion to the company. subcommittee, 8 of the 14 witnesses testified long-term care insurance would be exclud- Another important feature that most policies as to the need for standards to protect con- able from gross income. now do not include is non-forfeiture benefits. sumers. Groups as diverse as the Health In- The bill would not permit qualified long- Non-forfeiture benefits assure that, when a surance Association of America, the Partner- term care insurance to be provided through a cafeteria plan or flexible spending arrange- policy is dropped or canceled, the policyholder ship States of California, New York, and Con- ment. gets back at least a portion of the premiums necticut, the Coalition on Long-term Care Fi- The bill would provide that distributions paid. This is accomplished either through a re- nancing and Consumers Union all firmly sup- from individual retirement arrangements fund of money or eligibility for services when port appropriate consumer protection. and 401K plans are excludable from gross in- they become needed. Up to 60 percent of pol- Long-term care insurance has been pro- come to the extent that they are used to pay icyholders drop their policies within 10 years moted in this Congress as a way to reduce premiums on qualified long-term care insur- of purchase. People who drop their coverage the rising costs of nursing home care under ance contracts. stand to lose significant amounts of money. Medicare and Medicaid. For the 10 percent to FEDERAL STANDARDS FOR LONG-TERM CARE They should not be penalized if they can no 15 percent of seniors who can afford to buy INSURANCE longer afford the policies as they get older. this insurance, it is likely to provide some Standard formats Policies are usually held for 10 to 20 years modest cost savings several years in the fu- Each long-term care insurance policy before the policyholder needs to use the bene- ture. More importantly, it is our responsibility would be required to contain an outline of fits. Long-term care insurance is basically to assure that the consumer abuses that have coverage under the policy, using a uniform worthless unless it includes inflation protec- occurred in the past do not continue. I urge format and standard terminology, that accu- my colleagues to join me in support of this bill. rately reflects the contents of the policy, re- tion. Inflation protection assures that most of flecting specific elements. The format and the cost of care will continue to be covered A summary of the bill follows: standard terminology would be defined by after 10 or 20 years. Without inflation protec- IN GENERAL the Secretary of Health and Human Services, tion or with inadequate inflation protection, a The bill would provide that long-term care in consultation with the National Associa- policy held for 10 to 20 years, pays only a insurance contracts that meet the require- tion of Insurance Commissioners. E 848 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 The outline of coverage would be required crease as the Secretary may determine slaves. As the scorched earth fiscal policies of to include: a description of the benefits cov- adequate to offset increases in the the Republican majority escalate in unison ered; the principal exclusions from and limi- costs of long-term care services cov- with a blitzkrieg attack on affirmative action, it tations on coverage; the conditions, if any, upon which the insured can obtain upgraded ered under the policy. would be illuminating to review a more de- benefits; the threshold conditions for entitle- Non-forfeiture benefits tailed background of the leaders in this public ment to receive benefits; a statement of the A long-term care insurance policy policy assault. To increase their profits, over a circumstances in which a policy may be ter- would have to include a non-forfeiture two hundred year period, whose ancestors minated and the refund or non-forfeiture benefit after being in effect for a speci- promoted slave breeding with teenage preg- benefits, if any, applicable to each cir- fied period. nancies? Whose ancestors for two hundred cumstance including death, nonpayment of years worked mightily to obliterate all sense of premiums, non-renewal by the insured, any Right to cancel other circumstance; a statement of the total A long-term care policy would have family and humanity from slaves in order to annual premium and the portion of premium to provide that the insured has 40 days make them more efficient beasts of burden? attributable to each covered benefit; any res- to cancel and obtain a full refund of Backgrounds should be checked and it should ervation of the insurer of a right to change any premium paid. be a crime to tell a lie to the FBI. premiums any limits on annual premium in- IT’SA CRIME TO TELL A LIE creases; any expected premium increases as- Guaranteed renewal sociated with automatic or optional benefit In order to be certified, a long-term care It’s a crime increases, including inflation protection; cir- policy could not be canceled or refused to be To tell a lie cumstances under which the payment of pre- renewed (or replaced with a substantial To the background brigade mium would be waived; information on aver- equivalent) except for non-payment of pre- Of the FBI age costs and variation in such costs for mium or for fraud or non-disclosure on the Did your great nursing facility care and other covered bene- part of the insured. Great grandfather Rape his slaves fits; comparison of benefits over 20 years for Continuation and conversion rights of group Or torture the males policies with and without inflation protec- policies Are you the descendant tion; a declaration as to whether the amount A group long-term care insurance of benefits will increase over time and, if so, Of greedy knaves the type and amount of any limitations on, policy would be required to provide the Enriched by human sales and any premium increases for, such benefit opportunity to continue coverage when It’s a crime increases. the policy would otherwise terminate. To tell a lie Benefit standards Approval of State Long-Term Care Insurance To honest interrogators Certification Programs From the FBI Benefits under long-term care insurance To meet their labor need policies could not be conditioned upon any of The Secretary of Health and Human Serv- Did your ancestors the following: the need for another type of ices would be required to review and approve Make teenage girls breed service, such as prior hospitalization or a State long-term care insurance certification Were young females higher level of care; a particular medical di- programs meeting the following require- Forced to go agnosis; compliance by the providers with ments: The State certification program Or could they choose conditions not required by Federal or State would be required to assure compliance with Their own Romeo law; the provision of such service by a pro- the standards for long term-care insurance Slavery was legal vider or in a setting providing a higher level policies as specified in this bill. State pro- In white men’s eyes of care than required by an insured individ- grams would be required to provide adminis- But judged a moral crime ual. trative procedures under which an insured By the ruler of all skies A long-term care insurance policy that individual may seek reconsideration of any Don’t tell a lie provides benefits for home care or commu- denial or partial payment of a claim. To the background brigade nity-based services: may not limit benefits f Of the FBI to services provided by registered nurses or List deeds done licensed practical nurses; may not limit ben- THE NEED FOR MORE THOROUGH To cleanse the shame efits to services furnished by persons or enti- BACKGROUND CHECKS Attach records ties participating in programs under title Which clear XVIII and XIX of the Social Security Act; Your family’s name must provide, at minimum, benefits for per- HON. MAJOR R. OWENS Remember sonal assistance with activities of daily liv- OF NEW YORK It’s a crime ing, home health care, adult day care and IN THE HOUSE OF REPRESENTATIVES To tell a lie respite care. Thursday, April 6, 1995 To the background brigade A long-term care insurance policy Of the FBI. that provides benefits for nursing facil- Mr. OWENS. Mr. Speaker, recent back- ity services must provide benefits for ground checks of public officials and can- f services in all types of nursing facili- didates for public office have appropriately COMMENDING SABRINA NEKAY ties licensed by the State and may pro- caused concern. The legal practices of a pro- LEWELLEN vide benefits for care in other residen- fessional physician have been thoroughly tial facilities. scrutinized. A sitting cabinet secretary has A long-term care insurance policy been cited for not telling absolutely everything HON. BLANCHE LAMBERT LINCOLN may not discriminate in the treatment about a personal sin. It may be that the back- OF ARKANSAS of Alzheimer’s disease or any other de- ground checks by the FBI have been assigned IN THE HOUSE OF REPRESENTATIVES mentia of organic origin, any organic too great a role in deciding who is fit to serve or inorganic mental illness, mental re- in public office. Or it may be that the well de- Thursday, April 6, 1995 tardation or any other cognitive or veloped skills of the brigade handling these Mrs. LINCOLN. Mr. Speaker, I would like to mental impairment, or HIV infection background checks could perform a higher recognize the accomplishments of an extraor- or AIDS from the treatment of any service for this increasingly mean-spirited and dinary young woman from my district. Ms. other medical condition, for purposes merciless nation. Why not go deeper with Sabrina Nekay Lewellen of Jonesboro, AR, of determining whether the threshold background checks and tell us about the an- was named the State winner in the annual conditions for the receipt of benefits cestors of our public spokespersons? The Veterans of Foreign Wars and Ladies Auxil- have been met, or the amount of bene- world can clearly see that some of us are the iary's ``Voice of Democracy'' broadcast audio- fits under the policy. descendants of the victims of the criminal essay contest. Ms. Lewellen wrote and deliv- Inflation protection slave industry. We do not know which officials ered an inspiring and challenging speech on A long-term care insurance policy are the descendants of the oppressors who her vision for America. After reading her would be required to offer the were the beneficiaries of the heinous slave in- speech, I have a renewed confidence in the consumer the option to purchase infla- dustry. Such identities were not important in future of our great country. I would like to in- tion protection. The inflation benefits the past; however, now a new level of evil has clude a copy of her speech to be printed in shall not be less than 5 percent per been unleashed and all kinds of knowledge is the record and I would encourage my col- year of the full value of benefits for the needed to compare this attempt to wipe out all leagues to read it and to accept Ms. previous year or such other rate of in- progress achieved by the descendants of Lewellen's challenge. Thank you. April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 849 MY VISION FOR AMERICA asked the President to honor the 50th anniver- It has pleased God in His infinite wisdom (Sabrina Lewellen) sary of the death of President Franklin Delano to take from us the immortal spirit of All across America members of the class of Roosevelt by reissuing and updating the proc- Franklin Delano Roosevelt, the Thirty-sec- 1995 are contemplating which college to at- lamation signed by President Harry Truman in ond President of the United States. tend, what major to choose, what career to 1945 declaring April 12th as a national day of The leader of his people in a great war, he lived to see the assurance of the victory but pursue, and even who to take to the senior mourning and prayer. prom. We are fortunate in that we can make not to share it. He lived to see the first foun- these decisions as individuals. We are not It is fitting, but a bit ironic and actually quite dation of the free and peaceful world to plagued with the same uncertainties as some sad, for this landmark anniversary to occur which his life was dedicated, but not to enter previous classes. The class of 1945 was filled this year at a time when at once the strength on that world himself. with loyal Americans who put their dreams of Franklin Roosevelt is admired and longed His fellow countrymen will sorely miss his on hold to serve the cause of world peace. for and yet the programs of this great Presi- fortitude and faith and courage in the time Similarly, the brave souls of the class of 1965 dent are under attack. I never thought I would to come. put their personal visions aside so that thou- The people of the earth who love the ways sands of people in Vietnam could experience live to see the day when Social Security, for of freedom and of hope will mourn for him. democracy. instance, was placed on the chopping block as But though his voice is silent, his courage No, my class does not face these immediate the new majority in Congress has so willingly tasks, but we do have an obligation to each done in refusing to exempt it from the bal- is not spent, his faith is not extinguished. other, this country, and the thousands of anced budget amendment. I certainly never The courage of great men outlives them to Americans before us who gave their loyal become the courage of their people and the thought I would see the day when the House peoples of the world. It lives beyond them services and even their lives. would vote on the ConstitutionÐthe 4th Throughout our history countless people and upholds their purposes and brings their have worked toward an ‘‘ideal’’ America. One amendment in this caseÐand reject it. What a hopes to pass. of freedom of expression, economic possibil- sad legacy we have become to the great lead- Now, therefore, I, Harry S. Truman, Presi- ity, toleration of uniqueness, and peaceful ers who have preceded us such as Roo- dent of the United States of America, do ap- resolutions. They contributed whole- seveltÐa man whose beliefs and programs point Saturday next, April 14th, the day of heartedly for everyone’s prosperity until the embodied the preamble to the Constitution: the funeral services for the dead President, end. As well known playwright Thornton We hold these truths to be self-evident, as a day of mourning and prayer throughout Wilder stated in his play Our Town, ‘‘Gradu- that all men are created equal, that they are the United States. I earnestly recommend ally, gradually, they let go hold of the endowed by their Creator with certain the people to assemble on that day in their earth—and the ambitions they had—and the unalienable rights, that among these are life, respective places of divine worship, there to pleasures they had—and the things they suf- bow down in submission to the will of Al- fered—and the people they loved.’’ They liberty, and the pursuit of happiness. mighty God and to pay out of full hearts never stopped trying to turn the mediocre I am saddened by the reality that a great their homage of love and reverance to the into the superior. They fought to make the deal of the greatest constitution on Earth country the best that it could be and we as memory the great and good man whose death would undoubtedly be rejected by today's they mourn. the inheritors of the fruit of their imagina- Congress if put to a vote, certainly the protec- tion must make the best even better. In witness whereof I have hereunto set my We have to realize that in order for a work- tions for minority viewpoints, for freedom of hand and caused the seal of the United ing unit to function properly each element speech, and for the separation of church and States to be affixed. must make its contribution. My vision for State would be thrown out in an instant. Done at the City of Washington, the 13th America is not one of apathy and selfishness, It is a perfect time to recall the strength, vi- day of April, in the year of our Lord, one but of caring and involvement. Not one of vi- sion, and perseverance of President Roosevelt thousand nine hundred and forty-five, and of olence and confusion, but one of peace and and to remember that the Government should the independence of the United States, the understanding. Sure, it’s easy for me to sit be used as a tool for the betterment of all and one hundred and sixty-ninth. and visualize a better society, but if I do not not as a wedge to divide us for the benefit of By the President: dedicate myself to this endeavor, how can I HARRY S. TRUMAN, expect others to do the same? Therefore, my a few. When the most dire economic times EDW. R. STETTINIUS, Jr., vision for America begins with me. this country has faced confronted Roosevelt, Secretary of State. I plan to attend college and pursue a career he did not blame illegal immigrants, he did not The White House, Washington, April 13, in human environmental science. With this blame the poor, and he did not blame the 1945. knowledge, I will strive to make not only a GovernmentÐinstead, he used the resources stronger America, but a healthier one. Addi- of the Government to pull us out of the Great f tionally, I will utilize my gift as a public speaker to inform others, not only on my Depression. When confronted with evil from specific area of expertise, but on a variety of abroad, he used the resources of the Govern- REMEMBERING HENRY ATHALONE issuses to help improve their every day lives. ment not only to protect our country but to This is what I plan to do. Now, what about protect liberty worldwide. you? Do you have a vision? How committed Never before today has there been such HON. BOBBY L. RUSH are you to making a change in this country? anger toward and distrust of GovernmentÐnot OF ILLINOIS We live in one of the greatest nations on even during the Vietnam war or during Water- earth. Our democracy grants us many free- IN THE HOUSE OF REPRESENTATIVES doms and choices other nations only dream gate. Those whose tactic has been to create distrust through lies and innuendo have tram- of having. We, first as individuals, then as a Thursday, April 6, 1995 people must realize that we have to start pled on the legacy of one who believed in today in order to make a better tomorrow. Government, who believed in truth and justice, Mr. RUSH. It is with great sadness that I We can no longer stare at our Constitution and who believed in the inherent wisdom and rise today to honor the late Henry Athalone, in a glass chamber and view it only as a goodness of the American people. As sad as who passed from this life on March 4, 1995. piece of paper. We must rekindle its flame, it is to remember the premature death of such make it eternal, and transform it into a ‘‘liv- Henry Athalone was born on July 20, 1918, ing’’ document. a great man as Roosevelt, the timing is per- in the town of Steiner, MS. After moving to All it takes is one person, in one city, in haps perfect to force us to look ourselves in Chicago in 1952, he worked at the Lindberg one country, in one state, in these great the eye, to force ourselves to face our history, Engineering Co. until his retirement. United States. All it takes is one. our present, and our future, and to force our- Active in his community, Mr. Athalone was f selves to remember the tradition of compas- a member of the Holy Garden of Prayer sion, justice, and honesty that gave us defini- THE 50TH ANNIVERSARY OF Church under the leadership of Elder Jeffro tion for many years. Williams. FRANKLIN DELANO ROO- In this respect, then, I have asked the Presi- Henry was a devoted family man. He was SEVELT’S DEATH dent bring the national focus to President Roo- married for nearly 56 years to his wife, the sevelt on April 12th by declaring a national HON. HENRY B. GONZALEZ day of mourning and prayer. The following is former Elnora Overton. To this union were OF TEXAS President Truman's original proclamation from IN THE HOUSE OF REPRESENTATIVES 1945 on the death of President Roosevelt:

Thursday, April 6, 1995 A PROCLAMATION BY THE PRESIDENT OF THE Mr. GONZALEZ. Mr. Speaker, I rise today UNITED STATES OF AMERICA to inform my colleagues that I have formally To the People of the United States: E 850 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 born six loving daughters, Edna, Rosie, court. Indeed, she earned a 4.0 grade point The students were very knowledgeable Louvenia, Daisy, Martha, and Denise; and one average during the last three semesters at the about the problems in their communitiesÐI son, Samuel. University of Connecticut. This dedication to tested them and didn't find them lacking in Mr. Speaker, Henry Athalone was a very her studies has brought her the distinction of knowledge or understanding! However, they dear friend to his family and neighbors, and being a Rhodes Scholar finalist, and the only were very frustrated and concerned. They was a loving father figure to those around him. Big East basketball player ever to be named pleaded with me to work hard to stop the con- He touched those who knew him with his intel- both the Big East Player of the Year and the gressional nonsense and politely reminded me ligence, humor and sensitivity. He will be truly Big East Scholar-Athlete of the Year. Even of the commitment to the future that we should missed. more impressive is the fact that Ms. Lobo has all shareÐto hand down to the next genera- I am honored to enter these words of tribute accomplished this latter feat two times! tion a healthy planet. They reassured me that to Mr. Henry Athalone into the RECORD. Rebecca Lobo's unparalleled excellence in the destruction of sound environmental poli- f sports and in school makes her a fine role cies is not endorsed by Republicans, Demo- model for young people all across the country. crats or Independents; not by the American TRIBUTE TO CHARLES R. The people of Southwick, MA, took the lead in people. SIMPSON, JR. recognizing Ms. Lobo's example when the Mr. Speaker, our constituents are speaking board of selectmen voted to rename the road to us loudly and clearly. Let's do them the HON. JOHN JOSEPH MOAKLEY to Southwick-Tolland Regional High School courtesy of listening. I applaud the efforts of OF MASSACHUSETTS the ``Rebecca Lobo Way.'' The board's chair- Campus Green Vote and thank them for shar- IN THE HOUSE OF REPRESENTATIVES man, Paul Salzer, explained that the town ing their concerns with us. Thursday, April 6, 1995 chose ``Rebecca Lobo Way'' as opposed to ``Rebecca Lobo Street'' because, ``It is indic- f Mr. MOAKLEY. Mr. Speaker, I would like to ative of a `WAY' to get ahead in education, in take this opportunity to honor Charles R. athletics.'' IN HONOR OF ALLEN UNIVER- Simpson, Jr., former Chairman of the South In fact, during their successful quest for a SITY’S 125TH ANNIVERSARY Shore Chamber of Commerce in Massachu- championship, Rebecca Lobo, and her team- setts. Mr. Simpson began working as a teller mates on the Huskies, have already served as in the Quincy Savings Bank in Quincy, Massa- inspiration for hundreds of girls across the HON. JAMES E. CLYBURN chusetts in 1963. Through a combination of country, as well as igniting interest in women's OF SOUTH CAROLINA old fashioned hard work and state-of-the-art basketball for thousands of men and women. innovative solutions, he earned steady pro- No collegiate basketball team, male or female, IN THE HOUSE OF REPRESENTATIVES motions, eventually becoming President and has ever won more games than this team, and Thursday, April 6, 1995 CEO of the bank. they did it through teamwork, while upholding Throughout his professional career, Mr. the best traditions of this country's true schol- Mr. CLYBURN. Mr. Speaker, I rise today to Simpson has shown outstanding community ar-athletes. pay tribute to Allen University in Columbia, leadership as director of the Quincy Commu- I ask my colleagues to join me in congratu- SC, as they celebrate their 125th anniversary. nity Action Organization, Inc., the Beechwood lating Rebecca Lobo on her successful college Allen University has produced local and na- Community Life Center, and the Quincy career. Her academic and athletic achieve- tional leaders who have served their commu- Neighborhood Housing Services. On top of ments do, indeed, lead the way and are an in- nities and the Nation in an exemplary manner, this, he was a member of the Salvation Army spiration to us all. and it is fitting and proper that the accomplish- ments of the university be recognized. Advisory Board and the Project Head Start f Advisory Board. The late Bishop John Mifflin Brown and the Charles Simpson's leadership abilities are CAMPUS GREEN VOTE people of the Columbia Conference of the Afri- best exemplified by his strong record as the can Methodist Episcopal Church had the vi- Chairman of the South Shore Chamber of HON. BRUCE F. VENTO sion to establish a school for the education of Commerce, the organization that will be hon- OF MINNESOTA newly freed slaves in 1870 in Cokesbury, SC. oring him on April 21, 1995. I, too, would like IN THE HOUSE OF REPRESENTATIVES The school was named for Bishop Brown's to honor him for his years of service to his Thursday, April 6, 1995 predecessor, Bishop Daniel Alexander Payne. community, and wish him the best of luck for Professor J.W. Morris was the school's first the future. Mr. VENTO. Mr. Speaker, I want to applaud president. the spirit and vitality of the Campus Green f In 1880, the school was transferred to Co- Vote contingent that visited our Nation's Cap- lumbia, SC, and was renamed for Bishop A TRIBUTE TO REBECCA LOBO ital from April 1±3, 1995. Students from 42 Richard Allen, the founder of the African Meth- States gathered in Washington for an Earth odist Episcopal Church. HON. JOHN W. OLVER Day Campus Summit and ``Eco-Show-and- During its early years, Allen University satis- OF MASSACHUSETTS Tell.'' Their purpose was to send a clear mes- fied the needs of the African-American com- IN THE HOUSE OF REPRESENTATIVES sage to the 104th Congress: ``Stop attacking munity by providing courses leading not only the environment and start working with us to Thursday, April 6, 1995 to degrees in law, theology and the arts, but craft a blueprint for better Government envi- also courses of study at the elementary and Mr. OLVER. Mr. Speaker, I rise today to pay ronmental policies!'' high school levels. tribute to Rebecca Lobo of the town of South- Campus Green Vote is a national non-profit, The school has since produced numerous wick, MA. A senior student athlete at the uni- non-partisan organization dedicated to reg- scholars, attorneys, physicians, teachers, busi- versity of Connecticut, Ms. Lobo has distin- istering students to vote and training students ness and governmental leaders, and other guished herself as an excellent scholar and in electoral and legislative skills that empower professionals who have risen to positions of superb basketball player. The entire First Con- them to be catalysts for green campuses and honor in the African-American community. gressional District is proud of her considerable Government policies. Today, the university, under the leadership achievements. Students are rightfully concerned about the of Bishop John Hurst Adams and President In addition to being a key contributor on this future of their natural legacy. They noted that David T. Shannon, is equipping itself to serve year's NCAA Women's Basketball National while citizens all across America prepare to nontraditional students and others who would Championship team, Ms. Lobo has received celebrate the 25th Anniversary of Earth Day, otherwise not have the opportunity for a col- numerous prestigious awards. She is College policymakers in Washington, DC deem intent lege education, as well as remaining faithful to Sports Magazine's National Player of the on tarnishing that silver anniversary celebra- its traditional goals of clergy and leadership Year, Women's Basketball News Service's Na- tion with a corrosive and concerted assault on education. tional Player of the Year, a unanimous first decades of environmental law and policy. Mr. Speaker, I commend Allen University for team All-American, and the Big East Con- Students demonstrated their concern its 125 years of progress, commitment and ference Player of the Year (for the second through an ``Eco-Show-and-Tell''Ðpowerful dedication in the shaping of productive lives consecutive year). Equally impressive athletic displays of the environmental threats facing as it strives to live up to its mottoÐ``Heads to honors are certain to follow. their communities. It was certainly inspiring to Think, Hands to Work, and Hearts to Love.'' A political science major, Ms. Lobo is just as talk with these students about their hopes and intimidating in the classroom as on the hard fears surrounding the health of planet Earth. April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 851 TRIBUTE TO MAYOR ROSEMARY TRIBUTE TO TUFTS UNIVERSITY— Congratulations for this title goes to each KAPTUR TUFTONIA’S DAY 1995 member of the Wildcat wrestling squad: Hugh Armstrong, Alan Aufderhar, Mike Baker, Kevin HON. EDWARD J. MARKEY Bowman, Nick Campell, Travis Coleman, HON. WILLIAM O. LIPINSKI OF MASSACHUSETTS Richard Mai, Thien Mai, Braxton McIntyre, IN THE HOUSE OF REPRESENTATIVES Cory Phoenix, Anthony Poole, Tony Taylor, OF ILLINOIS Thursday, April 6, 1995 Matt Tolbert, Paul Vanness, Brooks Williams, IN THE HOUSE OF REPRESENTATIVES Garrett Williams and Roy Wilson. Additional Mr. MARKEY. Mr. Speaker, I rise today to thanks for their assistance goes to the Eastern Thursday, April 6, 1995 recognize Tufts University in Medford, MA, Guilford Wrestlerettes/Mat Maids: Cassa Alli- Mr. LIPINSKI. Mr. Speaker, I rise today to and to commemorate the 11th annual observ- son, Crystal Barfield, Kristi Bettini, Erica honor Ms. Rosemary Kaptur, an outstanding ance of Tuftonia's Week. This holiday derives Busick, Amber Cunningham, Amy Frazier, leader and resident of the Third Congressional its name from the title of the venerable Tufts Sharon Garrett, Christina Hughes, and Katie football fight song written by E.W. Hayes, District. After 17 years of dedicated public Tolbert. Special thanks also goes to athletic class of 1916. This is a special time for the service, Rosemary Kaptur is resigning as trainer Cher Frauenhoffer and to student train- 85,000-plus alumni of Tufts University to turn mayor of Palos Park, Illinois. ers Tracie Peeples and Jamie Russell. their thoughts to Tufts and to reminisce with To all of Eastern Guilford's students, faculty, Ms. Kaptur began her political career in old friends. 1975 when she became the first woman to be staff, families and friends, we say thanks for In 1852, Charles Tuft founded this eminent your support of the Eastern Guilford High elected Commissioner to the Village Council. university, and the brightest and best students Prior to entering the political arena, Ms. Kap- School wrestling champions. Everyone from have been graduating ever since. I am fortu- Principal Jane Teague to Athletic Director tur, who earned a degree in journalism and nate and proud to have such an outstanding Leigh Hebbard to Head Coach Robbie Harris public relations, worked as an advertising university in my district. I am also proud that should be praised for bringing the first state manager. She was also very involved with two of my esteemed colleagues are graduates high school championship to Eastern Guilford community organizations and served as the of Tufts: Congressmen PETE DEFAZIO of Or- High School. public relations liaison for the Palos Park Li- egon, class of 1969, and BILL RICHARDSON of f brary Board. In 1978, Ms. Kaptur was ap- New Mexico, class of 1970. pointed as the first woman mayor of Palos This year's annual celebration, named VOLUNTEER OF THE YEAR Park. Since then, she has been elected by her TuftServe, is especially important, for its focus constituents for three consecutive terms as is on community service. This is an important HON. MICHAEL P. FORBES Mayor of the Village. time for fellow Tuftonian's to focus on volun- OF NEW YORK During her tenure as mayor, Ms. Kaptur has teer alumni involvement in community activi- IN THE HOUSE OF REPRESENTATIVES accomplished a tremendous amount on behalf ties. Their contributions to the communityÐlo- of the residents of Palos Park. A strong advo- cally, nationally, and globallyÐshould serve as Friday, April 7, 1995 cate for the arts, Ms. Kaptur instituted the Fine an inspiration to us all. I congratulate the Mr. FORBES. Mr. Speaker, I rise today to Arts Committee, allowed the continued use of alumni of Tufts University for their hard work, commend an exceptional citizen. Al Philips, their dedication, and their loyalty. Your efforts the Village Hall by the Palos Village Players, Jr., who as president of the Sag Harbor Am- have not gone unnoticed, nor unappreciated. and hosted the Concert in the Park and the bulance Corps for 10 years, was recently Taste of Palos. Her beautification efforts and f named Member of the Year. Mr. Philips is a the development of a Tree Body Committee CHAMPIONSHIP FEVER training officer, a cardiopulmonary have earned Palos Park Tree City USA rescusitation instructor, and an emergency Awards for 1994 and 1995. In addition, the Vil- HON. HOWARD COBLE medical technician certified in critical care. Mr. lage parking lot was recently paved and the OF NORTH CAROLINA Philips has made great sacrifices to ensure Heritage Court, a historic brick patio, was con- IN THE HOUSE OF REPRESENTATIVES that he has been there for the corps and the community of Sag Harbor. structed. Mayor Kaptur also utilized her politi- Friday, April 7, 1995 cal and public relations skills to secure various Today, more and more people are seeking Mr. COBLE. Mr. Speaker, there is cham- to get involved in their communities. The un- state and federal grants for Palos Park. For pionship fever at a high school in our congres- sung leaders of this community movement are example, Palos Park received a $2.5 million sional district these days, because for the first volunteers. From our volunteer firemen to the Build Illinois grant to defray the cost of instal- time in its history, Eastern Guilford High high school jazz band playing concerts for lation of a new sanitary sewer, a $1.5 million School in Greensboro, NC, won its first state senior citizens, from child mentors to literacy Metropolitan Water Resources Development title in any sport. This distinction was accom- volunteers, these people are the glue that grant for sanitary sewer lift station and force plished by the wrestling team when it captured keep our communities together. main, and a $450,000 Department of Con- the North Carolina 1A/2A team championship But what exactly is community service? servation grant to rehabilitate the Village Hall. on February 25 in what was called the closest Most people think of it as the act being per- Mayor Kaptur has introduced 911 emergency championship match in state history. formed, such as a rescue of a child by an services, a cable television franchise, and a Now that the Wildcat wrestlers have won emergency service volunteer. But in fact, serv- cost-saving trash removal franchise to Palos the first state crown, all of the other teams at ice is not isolated to what we call ``the action Park while expanding the boundaries of the Eastern Guilford are trying to win champion- of''. Rather, service is the sacrifice one makes village through annexation of several prop- ships, too. Athletic Director Leigh Hebbard told to be a volunteer. This may include the sac- erties. the Greensboro News & Record that, ``There rifice of time with your family, the sacrifice of After 17 years of public service, Mayor Kap- has been some talk among our athletes in money, or even one's life. A volunteer fireman tur has decided to retire in order to spend other sports that they want to get the next understands this every time he enters a burn- more time with her husband Joseph, her three one. I think this has stirred up a little desire in ing building. And what about the volunteer's grown sons, and her seven beautiful grand- our other athletes.'' family? They obviously are forced to join him children. Mayor Kaptur has been a loving and Most of the credit for stirring things up must or her in the world of volunteerism, because strong influence on the Village for many years. go to Head Coach Robbie Harris and his they too make sacrifices. I ask my colleagues to join the residents of wrestling squad. They completed an outstand- The most important aspect of service occurs Palos Park and myself in expressing our grati- ing season with an exciting win in Charlotte. after what we are calling ``the action of.'' This Going into the final match, Eastern Guilford is when the stories of the volunteers are re- tude to Mayor Kaptur for her years of devotion held a 41¤2-point lead over Mount Pleasant layed to others. When a college kid decides to to public service. I wish Mayor Kaptur good High School. If the Mount Pleasant wrestler spend an afternoon volunteering at a soup health in her retirement and, again, I thank her had secured a major decision (five points) or kitchen, the more important act of service oc- for her devotion to the residents of Palos Park. a pin (six points) in the heavyweight title curs soon after he leaves. It occurs when he match, the Wildcats' championship would have goes back to his dorm and tells the story of been lost. But the Mount Pleasant wrestler the grateful man who broke down in tears be- could only salvage a tie in his match, thus se- cause the student had taken the time to help curing the victory for Eastern Guilford. him in his time of need. It occurs when those E 852 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 listening might catch the bug and get involved such action is the mosaic of environmental tacked were not forged through partisan war- also. It is the testimony of a volunteer's experi- law. This new Congress seems intent on walk- fare. They are not the work of Democrats or ence that is usually the best way to recruit ing away from science and decades of envi- Republicans aloneÐrather they are uniquely others. Thus, it is the act of sharing and telling ronmental policy and serving as the complaint derived from years of deliberation, of listening that becomes the greatest service. tool to special interests whose only interest is and responding to the core conservation val- Mr. Speaker, the sacrifices Mr. Philips has the bottom line. ues and ethics of the American people. made, along with his continuing involvement to Today, everything is at stake: clean air, safe These policies are based on the wisdom of ensure the safety and well being of the citi- drinking water, park and wilderness protection, Americans who by experience, education, and zens of Eastern Long Island, make him worthy forest conservation preservation and protec- ethics understood that there are some areas of the honor Volunteer of the Year. tion of our endangered species. The pace of of this vast Nation that shouldn't be despoiled. f the assault is purposeful and relentlessÐa They are based on the right of all Americans ``hundred days'' of force fed legislation without to breathe clean air and drink clean water. EARTH DAY deliberation or accountability. They are based on a commitment to the future Last month the House passed appropria- that we all shareÐto hand down to the next HON. BRUCE F. VENTO tions legislation that savages our national for- generation a healthy planet. These views are OF MINNESOTA ests by mandating sales which would double basic to the definition of us as a people and IN THE HOUSE OF REPRESENTATIVES the timber harvest nationwide in just 2 yearsÐ culture. Friday, April 7, 1995 without regard to any current environmental Americans will not turn over our natural leg- law and shut off from public comment as re- Mr. VENTO. Mr. Speaker, with a new Re- acy to those who would destroy it. We must quired by law. Last week, by a single vote, the publican majority, Americans hoped for the educate those in office with on-the-job training Senate refused to moderate this policy. The bestÐnow we know after 3 months, to expect or by removal from office if they are incor- same House appropriations bill slashed fund- the worst: Republican partisanship serving rigible. ing needed to implement the Clean Air Act, special interests, not the American people and This vast and beautiful planet is like the de- the Safe Drinking Water Act, and the Endan- their families. sign of a rare and complex tapestry. The gered Species Act. As citizens all across America prepare to weaving is made valuable not by any one This month a House committee is consider- celebrate the 25th anniversary of Earth Day, I thread but by the way that hundreds of ing legislation to rewrite the Clean Water Act. am deeply troubled that in our Nation's Cap- strands are arranged. Each section is con- It was reported that this new proposal was ac- ital, the 104th Congress is working furiously to nected to the next in innumerable ways, as tually written with the help of lobbyists in destroy almost all that has been accomplished each thread in our eyes is connected to the closed-door sessions without input from the in the last three to four decades. This ``con- next in innumerable ways to make an impres- Environmental Protection Agency or other tract'' on AmericaÐon America's landscapes, sionÐa mosaic. Members with environmental concerns. This is on America's air, on America's water, on Understandably, difficult environmental pol- not good clean water policyÐthe measure has America's parks and wilderness, will take a icy questions follow from this example. As pol- been aptly dubbed ``the polluters' bill of terrible toll. This environmental assault is an icymakers our task is to use this ecologically rights.'' insult to the American people. sensitive and irreplaceable resource, without All this follows House-passed legislation That first Earth Day, in 1970, was based arbitrarily cutting it to pieces and destroying now making its way through the Senate, that upon an enthusiastic grassroots movement this biosphere forever. puts a freeze on all regulations with a special that fueled a conservation ethic and commit- This involves understanding the impact of 2-year hold on the Endangered Species Act, ment to the environment for future genera- activities, measuring of the biodiversity, and forces the Federal Government to pay regu- the relationship of the physical and natural en- tions. In the 1970's Americans were rightly latory compensation to property owners im- vironment, which are all part of a larger cycle. concerned about clean air and clean water pacted by environmental laws and requires A thread that is pulled one place changes the and even the threatened extinction of our na- agencies that promulgate rules to do elaborate rest of the picture. Every action has a con- tional symbolÐthe bald eagle. In response analysis before issuance subjecting all to court sequence. For these reasons and many more, Congress enacted landmark conservation leg- challengeÐsimply a formula to paralyze the the Federal Government enacted environ- islation, which today are household wordsÐ Federal Government. mental laws and policies to help us be reason- the Clean Air Act, the Clean Water Act, and Laws like the Endangered Species Act able stewards of our land and resources. The the Endangered Species Act. serve as the ``canary in the coal mine.'' Rather intent was to guide us and limit our individual Our Nation was energized about the than denying the problem or blaming the mes- actionsÐa policy path that would optimize our progress in addressing these concerns and senger, Congress should be solving the prob- extended this American conservation ethic and lem-stop rationalizing excuses and promoting utilization today while maintaining and enhanc- vision to challenge global problems of paid critics who justify reneging on the laws. ing the prospects for tomorrow's generations. rainforest destruction, Antarctica's preserva- We should become engaged in the tough job Citizens after all are a significant and much- tion, biodiversity, ozone depletion, and global of problem solving and changing our Nation's needed force in these policy debates. Recruit warming. In response the United States has behavior, to live in balance with the limitations more people, continue to make yourselves been an architect in the development of inter- of the natural environment. heard. Have faith. Americans haven't stopped national conferences and numerous treaties to Regulations are the wheels which carry the caring, they have assumed that these issues save the spaceship Earth. laws into effect. They are based upon the per- were once achieved and are cemented in But on this silver anniversary of Earth Day, ception, knowledge, and views of the people place. AmericansÐmake yourselves heardÐif we face a new challengeÐa corrosive and we represent. Frustration in America has the people lead, the Members of Congress will embarrassing tarnish to America's Earth Day grown. In the easy politics that bemoans gov- follow. 1995. In Washington we have a new congres- ernment and redtape and seeks instant gratifi- f sional majority with ``an attitude'': pay back the cation, the environmental laws have become Democrats, antiregulation, antienvironment the stumbling block, the symbol that com- THE INTRODUCTION OF FAIR PAY and anti-Federal Government. A Congress set plicates life and limits behavior. The Federal ACT OF 1995 to set back the environment to the thrilling Government leads such policy because the days of yesterday. A new majority inexperi- problems don't know political lines. But it is a enced and arrogant and legislating by anec- collaborative roleÐenvironmental policy can- HON. ELEANOR HOLMES NORTON dote based upon misinformation, not be taken for granted, cannot be permitted misperceptions and fraud, but hell bent on de- to be politically expedient. Rather, environ- OF THE DISTRICT OF COLUMBIA stroying our Nation's public commitment to mental policy is a special trust. Its application IN THE HOUSE OF REPRESENTATIVES preservation, conservation, and restoration of should work with StatesÐbut especially and Friday, April 7, 1995 future generations' natural legacy. most importantly, with citizens. The intense assault on our national environ- The American citizen during the next 3 Ms. NORTON. Mr. Speaker, in enacting the mental policy and laws isn't stated clearly in weeks, while Members are in their Districts, Equal Pay Act [EPA] in 1963, Congress hoped the ``contract,'' but between the lines and can help stop this assault. Challenge your pol- to close the wage gap between men and veiled from public scrutiny under the guise of icymaker to see the lightÐor feel the heat. women by prohibiting wage discrimination ``regulatory reform,'' property rights, unfunded They need to be forcefully reminded that envi- based on the gender of the employees per- mandatesÐthe examples and justification for ronmental policies and laws now brutally at- forming the work. Some progress has been April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 853 made, but much of it is illusory. In 1982, Subsection (2)(B) provides that wage dif- in violation of paragraph (1)(A). Any women earned 62 cents to a man's dollar; in ferentials result in the prevention of maxi- amounts owing to any employee shall be 1992, they earned 71 cents. However, this mum use of available labor resources. deemed unpaid minimum wages or unpaid Subsection (2)(C) provides that wage dif- overtime compensation under this or section movement reflects an alarming decrease in ferentials cause labor disputes therefore bur- male wages as well as the new presence of 7. dening, affecting and obstructing commerce. Section (g)(4) provides that the following highly educated women in entry level posi- Subsection (2)(D) provides that wage dif- definitions apply to this subsection: tions. The wage gap persists largely because ferentials burden commerce and the free flow Section (g)(4)(A) defines ‘labor organiza- most women are still segregated into a few of goods in commerce. tion’ as an organization of any kind, or an Subsection (2)(E) provides that wage dif- low-paying occupations. A supplementary rem- agency or employee representation commit- ferentials constitute an unfair method of edy is needed. tee or plan, in which employees participate competition. This bill, the Fair Pay Act, amends the Fair and which exists for the purpose, in whole or Section (3) states that a segregated Labor Standards Act to ensure equal pay not workforce has been maintained due to dis- in part, of dealing with employers concern- just for equal work, but also for comparable crimination in hiring and promotion of ing grievances, labor disputes, wages, rates workÐjobs that are equivalent in skill, effort, women and people of color. of pay, hours of employment, or conditions responsibility, and working conditions. More Section (4) states that many women and of work. than 30 years of EPA experience dem- people of color work in occupations domi- Section (g)(4)(B) defines ‘equivalent jobs’ onstrates that if we are serious about gender nated by individuals of their same sex, race, as those jobs that may be dissimilar, but and race-based wage discrimination, we must and national origin. whose requirements are viewed as equivalent sharpen our remedies. Section (5)(A) provides that a General Ac- in a composite of skills, effort, responsibility counting Office analysis of wages in Wash- and working conditions. When we look closely and objectively, can ington State civil service found that, in 1985, we honestly say that an emergency services of the jobs studies that paid less than aver- SECTION 4—PROHIBITED ACTS operatorÐa female dominated professionÐ age, approximately 39 percent were female Section 4 states that section 15(a) (29 should be paid less than a fire dispatcherÐa dominated and approximately 16 percent U.S.C. 214(a)) is amended by adding after male dominated profession? Or that a social were male dominated. paragraph (5) a new subsection (6) which pro- worker should earn less than a probation offi- Subsection (5)(B) provides that a study of vides the following: cer simply because the social worker is usu- wages in Minnesota using 1990 census data Section 15(a)(b) prohibits the discrimina- ally a woman? Shouldn't the market set these found that 75 percent of the wage differential tion of any individual who has opposed any between white and non-white workers was rates? Too often the habits of employers over act or practice made unlawful by section 6(g) unexplained and may be a result of discrimi- or because such an individual made a charge, the decades have been built into distortions in nation. the market. Women and minorities pay the testified, assisted, or participated in any Section (6) states that Section 6(D) of the manner in any investigation, proceeding, or price in reduced wages. Fair Labor Standards Act prohibits discrimi- hearing under section 6(g). nation in compensation for ‘‘equal work’’ on The Fair Pay Act also expands protections Section 15(a)(7) prohibits the discharge or provided in the Equal Pay Act by prohibiting the basis of sex. Section (7) states that the United States any other form of discrimination, coercion, wage discrimination based on the race and intimidation, threat, or interference with national origin of employees. In 1992, African- Supreme Court has held that the prohibition against discrimination in Title VII of the any employee or any other person because American men earned 72 percent as much as Civil Rights Act of 1964 extends to jobs which the employee asked about, disclosed, com- white men, while African-American women do not constitute ‘‘equal work.’’ However, pared, or otherwise discussed the employee’s earned only 64 percent as much as white lower court decisions have demonstrated wages or the wages of any other employee, or men. Hispanic men earned 65 percent as that further clarification of jobs that do not because the employee exercised, enjoyed, much as white men, while Hispanic women constitute ‘‘equal work’’ is necessary. aided, or encouraged another person to exer- earned only 55 percent as much. While some Section (8) states that artificial barriers to cise or enjoy any right granted or protected of the wage gap results from differences in the elimination of discrimination in com- by section 6(g). education, experience, or time in the work pensation based upon sex, race, and national origin continue to exist more than 30 years SECTION 5—REMEDIES force, studies estimate that 75 percent of this after passage of the Equal Pay Act. Elimi- Section 5 states that section 16 (29 U.S.C. differential may be a result of discrimination. nation of such barriers would have positive 216) is amended by (1) adding the following: A remedy that exorcises only the discrimina- effects: Section 16(f) authorizes the court, if any tion factor is necessary. As with sex discrimi- Subsection (8)(A) providing a solution to action is brought, to award to the prevailing nation and all other kinds of discrimination, the problems in the economy created by dis- plaintiff(s), in addition to any other rem- plaintiff who alleges discrimination must carry criminating wage differentials. edies, expert fees as part of the costs. Any the burden to show that discrimination is the Subsection (8)(B) reducing the number of such action may be maintained as a class ac- proximate cause of the violation. working women and people of color earning tion as provided by Federal Rules of Civil low wages, thereby reducing the dependence Procedure. Most American families are wholly or signifi- on public assistance. cantly dependent on women's wages. Fair pay Subsection (8)(C) promoting stable families SECTION 6—RECORDS has become increasingly a family necessity by enabling working family members to earn Section 6 states that section 11(c) (29 a fair rate of pay. and an urgent issue. Families cannot meet the U.S.C. 211(c)) is amended by inserting ‘‘(1)’’ challenge unless Congress takes up its chal- SECTION 3—EQUAL PAY FOR EQUIVALENT JOBS after the current section (c), and by adding a lenge to enact a wage statute that meets the Section 3(a) provides that Section 6 of the section which provides the following: needs of the nineties as the Equal Pay Act did Fair Labor Standards act is amended by add- Section c(2)(A) states that every employer in the sixties. ing a new section. The new section states the subject to section 6(g) shall have records SECTION-BY-SECTION ANALYSIS, THE FAIR PAY following: which document and support the method, ACT OF 1995 Section (g)(1)(A) states that no employer system, calculations, and other bases used having employees subject to any provisions SECTION 1—SHORT TITLE AND REFERENCE by the employer in establishing, adjusting, of this section shall discriminate between Section 1 (a) states that this Act may be and determining the wages paid to the em- employees based on sex, race, or national or- ployees of the employer. Every employer cited as the ‘‘Fair Pay Act of 1995.’’ igin by paying wages at a rate less for work subject to section 6(g) shall keep records for Section 1 (b) provides that all amendments of equal value, except where the payment is a period of time and make a report to the in this bill refer to the Fair Labor Standards made based on a seniority system, a merit Equal Employment Opportunity Commission Act of 1938. system or a system where earnings are meas- SECTION 2—FINDINGS ured by quantity or quality of production. as shall be prescribed by regulations. Section (1) states that there are differences Section (g)(1)(B) states that an employer Section c(2)(B) states that every employer in wages for equivalent jobs in Government who is paying a wage differential in viola- subject to section 6(g) shall file an annual re- employment and in industries engaged in tion of subparagraph (A) shall not reduce the port with the Equal Employment Oppor- commerce or in the production of goods for wage rate of any employee. tunity Commission containing information commerce. These wage differences are based Section (g)(2) states that no labor organi- in such detail as necessary to accurately dis- on sex, race, or national origin. zation or its agents representing employees close the wage or salary rates paid to each Section (2) states that the existence of the of an employer subject to any provision of job classified, position, job title, or other wage differentials causes the following: this section shall cause or attempt to cause wage or salary group of employees employed Subsection (2)(A) provides that wage dif- the employer to discriminate against an em- by the employer, as well as the sex, race and ferentials depress wages and living standards ployee in violation of paragraph (1)(A). national origin of employees at each wage or for employees. Both which are necessary for Section (g)(3) provides for employers to salary level in each classification, position, their health and efficiency. pay any amounts which have been withheld job title, or other wage or salary group. The E 854 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 report shall not include the name of any in- include a separate evaluation and appraisal cause of freedom. Much has been written dividual employee. regarding the implementation of section about this battle, but most historical accounts Section c(2)(C) states that the reports filed 6(g). only record the event in the context of the cold with the Equal Employment Opportunity SECTION 8—EFFECTIVE DATE Commission shall be public information. The war. We must not forget the men that landed Section 8 states that the amendments Equal Employment Opportunity Commission on that April morning at a remote beach called made by this Act shall take effect one year may publish any information or data it ob- Giron at the Bay of Pigs. after the date of its enactment. tains through the reports. The Equal Em- On that 17th day of April, the battle began. ployment Opportunity Commission is also f The members of the 2506 Brigade, who authorized to use the information and data sought to liberate their country from the brutal for statistical and research purposes, and to CHABAD HOUSE ANNUAL DINNER compile and publish such studies, analyses, Castro dictatorship, were not military men. reports, and surveys based thereon as it may HON. FRANK PALLONE, JR. They were not professional soldiers of fortune. deem appropriate. OF NEW JERSEY Rather, these men came from a cross section Section c(2)(D) states that the Equal Em- of Cuban society. They were young, middle- IN THE HOUSE OF REPRESENTATIVES ployment Opportunity Commission shall by aged, seniors, professionals, farmers, students regulation make reasonable provision for the Friday, April 7, 1995 and factory workers. They were from the ranks inspection and examination by any persons of the information and data contained in any Mr. PALLONE. Mr. Speaker, on Sunday, of the middle class, the poor, and the upper report filed with it pursuant to subparagraph April 30, 1995, the Les Turchin Chabad House class. Among them, one could find people (B). at Rutgers, the State University of New Jer- who fought alongside Fidel Castro. Some had Section c(2)(E) states that the Equal Em- sey, will hold its annual dinner in Somerset, belonged to the Cuban military. They were ployment Opportunity Commission shall by NJ. representative of all political persuasions, from regulation supply copies of the report filed For 15 years, Chabad House has served as left to right. But they were united in one quest: to anybody upon payment of a charge; a focal point for students seeking to supple- charge depends on the cost of the service. Democracy, freedom, and true equality for Section c(2)(F) authorizes the Equal Em- ment their educational experience with a their homeland, Cuba. ployment Opportunity Commission to issue deeper sense of culture, faith, and fellowship. Mr. Speaker, I would like to recount a few rules and regulations prescribing the form By rediscovering and embracing regular ob- passages from ``The Bay of Pigs: The Untold and content of reports required to be filed servance of the Torah, the Students of Story,'' by Peter Wyden, of the events that under subparagraph (B) and such other rea- Chabad House have gained spiritual insights took place on this remote and lonely bay. sonable rules and regulations as it may find and a strong sense of values that will be of in- At the traffic circle on the northern out- necessary to prevent the circumvention or valuable support throughout their lives. And for skirts of Playa Larga, the members of the evasion of the required report. The Equal Employment Opportunity Commission may parents who naturally worry about the influ- Brigade had dug in for the major engagement prescribe by general rule a simplified report ences that their children will encounter at col- of the Bay of Pigs, the Battle of the Rotunda for those employers for whom it finds that lege, Chabad House offers the assurance of a as is now known. Reinforcement had arrived by virtue of size a detailed report would be positive environment. from the main landing at the beach of Giron: unduly burdensome. I would particularly like to extend my con- Most of the Fourth Heavy Weapons Battal- ion ammunition, and two more tanks. At 7:45 SECTION 7—RESEARCH, EDUCATION, AND TECH- gratulations on the construction of the new p.m., four batteries of Soviet-made 122 milli- NICAL ASSISTANCE PROGRAM; REPORT TO CON- Les Turchin Student Center, which will further meters howitzers had opened fire on the posi- GRESS the good works of Chabad House. Mr. tions. They kept pounding more than 2000 Section 7 amends section 4(d) (29 U.S.C. Turchin's tireless dedication to the community shells in 4 hours. The concussions were ter- 204(d)) by adding the following at the end: serves as an inspiration to us all. The founder, rible. Many went into shock. They were too Section 4(d)(4) states that the Equal Em- dazed to hear orders. But, they did not ployment Opportunity Commission shall un- chairman of the board and chief executive offi- break. The first three Stalin tanks rumbled dertake studies and offer information and cer of Tops Appliance City has somehow into the rotunda about midnight. They were technical assistance to employers, labor or- found time to lead an extremely impressive the vanguard of 20 tanks, but these freedom ganizations, and the general public concern- fund-raising effort to make the Chabad House fighters had set a superb trap. With the roads ing effective mean available to implement a reality. The new Chabad House will provide bordered by swamps, Castro’s troops were the provisions of section 6(g) prohibiting a synagogue, a kosher kitchen, and dinning forced to try breaking through the Rotunda. wage discrimination between employees per- area for 300 students, and housing for 48 stu- Tank was pitted against tank. They were forming work in equivalent jobs on the basis dents. The Publication Office will house of sex, race, or national origin. The studies, firing point blank, twenty yards apart. The information, and technical assistance shall L'Chaim, the university's student-run news- first two Stalin tanks were knocked out, one be based upon and make references to the de- paper, and The Chabad Times, the largest of them by a tiny fighter who used to cut the clared policy of such section to eliminate Jewish newspaper in central New Jersey with men’s hair in the Guatemalan camps and was such discrimination. The Equal Employment a circulation of 60,000. A unique array of pro- known as ‘‘Barberito.’’ He ran around the Opportunity Commission must further carry grams for the community will bring Rabbis and tank and peppered it with shells for his re- coilless rifle. They made no dent in the tank on a continuing program of research, edu- volunteers to shut-in, hospital patients, nursing cation, and technical assistance including but the sound scared the crew into surren- home residents and prison inmates. Family dering. The commander of the Brigade later the following: services will be provided and expanded, in- Subsection (A) states that it shall include wanted to meet the man who accomplished undertaking and promoting research with cluding family counseling and a drug preven- this feat. By then, ‘‘Barberito’’ has been the intent of developing means to expedi- tion program. killed by a machinegun burst. tiously correct the conditions leading to sec- Mr. Speaker, it is a great honor for me to One Brigade tank ran out of ammunition tion 6(g). pay tribute to Chabad House at Rutgers, to quickly. The driver, Jorge Alvarez, known as Subsection (B) states that publishing and Les Turchin for his hard work and energy in ‘‘little egg’’ blew up an energy tank with his otherwise making available to employers, making the new facility a reality, to all the reli- last shell. Another tank roared up Alvarez labor organizations, professional associa- hurled his tank at it. The Stalin tank tried gious leaders and volunteers who make these to position his gun against the Brigade’s tions, educational institutions, the various programs work and to the fine young men and media of communication, and the general tank. Alvarez kept bumping the enemy so fu- public the finding of studies and other mate- women who, by embracing their timeless and riously that the Stalin gun barrel split. The rials for promoting compliance with section enduring heritage, are working to make their fighting was so confused and confined that 6(g) is included in the further continuance of campus and their community a better place. the threads of Castro’s tanks ran over their the research. f own wounded. Subsection (C) includes sponsoring and as- Hour after hour, men fought and fell and sisting State and community informational TRIBUTE TO THE 2506 BRIGADE died. More Castro tanks rumbled into the and educational programs. Rotunda. The freedom fighters were out of Subsection (D) includes providing tech- food and water and almost out of ammuni- nical assistance to employers, labor organi- HON. ROBERT MENENDEZ tion, they began to run. Their commander zations, professional associations and other OF NEW JERSEY seized a cannon and a shell and faced the on- interested persons on means of achieving and IN THE HOUSE OF REPRESENTATIVES coming tank from the center of the road. maintaining compliance with the provisions Friday, April 7, 1995 The fleeing men saw him and stopped. So, of section 6(g). amazingly, did the tank. The driver got out Section 4(d)(5) states that the annual re- Mr. MENENDEZ. Mr. Speaker, I rise today and surrendered. The Castro forces had num- port submitted by the Equal Employment in remembrance of a group of courageous bered 2100 men. Those who were not dead or Opportunity Commission to Congress shall men that 34 years ago fought and died for the wounded were retreating on the run. April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 855 Another account that should be told to em- tem. The existing system is encompassed in miums paid by SAIF- and BIF-insured institu- phasize the bravery and dedication of these approximately 40 pages of the Forest Service tions. men was the one of Armando Lopez Estrada, manual and handbook. The new system would The FDIC, other relevant regulators, the a dark-haired, communications officer of the paratrooper battalion. He was one of the last change that by reducing the fee calculation to Treasury, and the GAO, in a report commis- in the group to retreat to the beach. He a simple formula based on gross revenue from sioned by myself and Senator D'AMATO, have wanted to ‘‘hold until we die.’’ Only when clearly defined sources. This new system will now apprised the Congress quite clearly of the they ran out of ammunition for a second greatly reduce bookkeeping and administrative nature, extent, and urgency of the problem. It time and it was clear that no more was com- tasks for both the Forest Service and the ski is my hope that these bills will now move the ing did Lopez Estrada, who was 20, let him- areas. discussion along and allow us to focus more self be convinced by his comrades that there This bill enjoys bipartisan support and I was no point in waiting to be captured. concretely on the specific requirements of a About a mile offshore, Lopez Estrada saw hope others will join us in supporting this sen- meaningful solution. There is a multiplicity of an empty sailboat. On the entire Giron sible and efficient proposal which provides options. In my view, the right one is the one beach, he counted 27 men. Stalin’s tanks fairness to ski areas and the United States re- which can garner substantial bipartisan sup- were machine-gunning them. Castro’s artil- garding rental fees and, at the same time, port in the near term. Taking no action is not lery pounded in from overhead. In the dis- helps to downsize the Federal Government. a responsible course if we are to protect the tance, two American destroyers were moving This bill is intended to serve as a starting point integrity of the deposit insurance system. away. to begin debate on this issue. I hope to hold He swam toward the sailboat that was a 22 There are three key problems: First, the foot craft, 20 men reached the boat, followed hearings on this proposal soon after the re- SAIF is seriously undercapitalized just at the by Castro’s jets and their bullets. Fran- cess and anticipate reporting this legislation point it will newly have to assume responsibil- tically, they tried to move the boat by pad- out of our committee quickly. ity for future thrift failures; second, the pre- dling with their hands. After 15 days at sea, Mr. Speaker, I would also like to advise the mium flow from existing thrifts will be insuffi- 12 survivors were rescued by an American House that I intend to consider a proposal for cient to continue to pay the interest on the oiler, the rest of the men died of thirst and ski area permittees to purchase the Forest FICO bonds issued to cover the losses of the starvation. Service land on which they operate. Such a 1980's over the long term; and third, within the The above account is but one of many move toward privatization would further our next few months, there will be a substantial which emphasize the bravery and patriotism of goal of downsizing government and thus re- premium disparity between BIF- and SAIF-in- those men in Playa Giron on April 17, 1961. duce the size of the Forest Service budget. If sured institutions which could have a signifi- As a Member of Congress of Cuban descent we are going to achieve these goals, we need cant adverse impact on the now-healthy thrift I want to honor the memory of these men. On to consider every aspect of Federal land man- industry. this April 17th, I join with the freedom-loving agement. Therefore, the committee is in the The thrift industry is generally profitable, Americans in commemorating the death of process of reviewing a proposal to sell certain well-capitalized, and well-managed. But it is these men who fought so that Cuba could be ski areas on the National Forest System to the impossible for the thrifts alone to adequately free and democratic and independent. May private entities that operate them. While we capitalize their insurance fund and continue to they not have died in vain. are developing this proposal, we will be hear- pay interest on the FICO bonds issued to f ing from those ski areas that want to purchase cover the losses of the 1980's without adverse the Federal land they operate on as well as effects on the industry and possibly depositors INTRODUCTION OF LEGISLATION State governments, local governments, and TO SIMPLIFY THE FORMULA and taxpayers. others affected by this proposal. These problems are not the fault of current UNDER WHICH SKI AREAS PAY Presently ski areas have permits from the RENTAL FEES TO THE UNITED industry members who did not cause, and Forest Service that allow them to operate for have worked hard to survive and help pay for, STATES FOR THE USE OF NA- up to 40 years. The Forest Service reviewed TIONAL FOREST LANDS the industry problems of the 1980's. There are these areas and designated them as recre- structural flaws in the mechanisms devised to ation sites utilizing the NEPA process. There HON. DON YOUNG deal with past problems. As a result, of the is no question that the intention of the Forest more that $9 billion in assessment revenues OF ALASKA Service is to maintain these sites as ski areas IN THE HOUSE OF REPRESENTATIVES from the thrifts paid between 1989 and 1994, and that no other use is intended. This further only $7 billion went into the SAIF. The balance Friday, April 7, 1995 supports the need for us to review privatiza- was diverted to other uses, primarily to pay- Mr. YOUNG of Alaska. Mr. Speaker, today tion of these lands now dedicated to this rec- ment of the interest on the bonds. I am introducing legislation to simplify the for- reational use. Many of these sites have been Congress intended that the thrifts, through mula under which ski areas pay rental fees to permitted ski areas for 30 years or more. If we the bonding program and otherwise, pay as the United States for the use of national forest have private individuals prepared to purchase much of the cost of past industry losses as lands. the Federal lands that they operate a ski area possible, in an effort to reduce taxpayer costs. Nationwide, there are 132 ski areas on na- on, it is logical that we appraise that land and That was appropriate. But the amount of the tional forest land occupying 90,000 acres, or a sell it to the operator and remove the Federal burden placed on the industry was based on mere one-twentieth of 1 percent of the Na- management responsibility. certain assumptions which I argued at the time tional Forest System. For this use, the ski in- The new fee system legislation that I have were overly optimistic and which have proved dustry paid an estimated $20 million in rental introduced today is a first step toward reduc- false. Most notably, deposit growth in the thrift fees in 1994. ing Federal management responsibility and industry was estimated at 6±7 percent. In- This new fee system passed the Senate costs associated with ski areas on Federal stead, it has declined by 5 percent per year in during the 102d Congress but time ran out be- land. However, I also intend to consider the recent years, reducing far below expectations fore the House could consider the legislation. next logical step of removing all Federal man- the premium income which is relied on to pay At that time, a Congressional Budget Office agement and costs. SAIF and FICO. review determined that the new fee system f There are three possible sources of funds was revenue neutral to the United States. The which have been broached by the regulators LEGISLATION ON BIF–SAIF ISSUES new fee proposal is intended to return at least to solve this problem: the thrifts; the BIF-in- the same rental dollars to the U.S. Treasury sured institutions, either through a merger of as the current system created by the Forest HON. JOHN J. LaFALCE the insurance funds or otherwise; and some Service. It will also guarantee increasing reve- OF NEW YORK portions of the moneys already authorized and nues in the future by utilizing ski area gross IN THE HOUSE OF REPRESENTATIVES appropriated to the RTC to cover past thrift receipts as the measure for determining rental losses, but which have not been expended. fees. Therefore, as ski area revenues grow, so Friday, April 7, 1995 Some of my bills may be criticized as hitting will the return to the public for the use of those Mr. LAFALCE. Mr. Speaker, today I am in- the thrift industry too hard; some may be criti- Federal lands. troducing several bills designed to address the cized as hitting the banks too hard. My con- Furthermore, this legislation will assist in serious problems posed for the Savings Asso- cern is finding the proper balance to protect meeting our goals of reducing the size of the ciation Insurance Fund [SAIF] by the current the depositor. The best solution may ultimately Forest Service by eliminating significant man- onerous obligations placed on the thrift indus- be one that distributes the pain to the maxi- agement problems with their existing fee sys- try and the pending disparity between the pre- mum degree possible. E 856 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 I have always tried to minimize the adverse Authorizes the use of investment income miums paid by BIF- and SAIF-insured insti- impact on the taxpayer. In fact, I opposed the from remaining RTC funds to pay portion of tutions, where appropriate, to protect the FIRREA legislation because I thought it unduly the annual FICO bond interest. safety and soundness of either insurance Includes portion of premiums paid by fund and its members and the deposit insur- increased the burden on the taxpayer and on Oakar and Sasser institutions toward pay- ance system as a whole. future generations. But I believe we should not ment of the annual FICO debt obligation. be too timid to discuss using the unexpended OPTION 6: DEPOSIT INSURANCE FUND MERGER Eliminates the mandatory 18 basis point ACT OF 1995 RTC funds for the purpose for which they minimum annual assessment rate for SAIF- were intended and related purposes, rather insured institutions in current law to permit Summary: Merges the BIF and SAIF funds; Scheduled reduction in BIF premiums; SAIF- than have those funds revert to the Treasury. FDIC to set annual SAIF premiums at level necessary to supplement RTC investment in- insured institutions continue to fund FICO Congress, in fact, anticipated that the mech- debt with inclusion of Oakar/Sasser institu- anism devised in FIRREA might be inad- come to meet annual FICO debt obligation and to meet estimated SAIF fund expenses. tions. equate to capitalize the SAIF and cover the Directs FDIC to limit annual BIF–SAIF Authorizes the merger of the BIF and SAIF FICO bonds, and included provisions in premium disparity to not more than 9 basis funds into a single insurance fund. FIRREA allowing the additional appropriation points during period of recapitalization of Directs the FDIC to make the scheduled of Treasury funds to the SAIF as a supple- SAIF. 1995 reduction in annual premiums paid by former BIF-insured institutions to a level ment. Unfortunately those anticipated appro- OPTION 3: FINANCING CORPORATION AND SAV- that reflects estimates of expenses for the priations were never made, and the excess INGS ASSOCIATION FUND RESTORATION ACT OF current BIF fund plus any additional assess- RTC funds are not now available to solve the 1995 ment required to capitalize the merged BIF- SAIF or FICO problems without further con- Summary: Uses unexpended RTC funds to SAIF fund, except that the average assess- gressional action. Had the original intent of the supplement premium income to recapitalize ment shall under no circumstances exceed 6 law been fulfilled, the SAIF would have been SAIF consistent with FIRREA; FICO debt basis points. capitalized. We should at least consider rec- obligation funded with interest from in- Provides FDIC with discretionary author- ognizing that original intent and making a vested RTC funds, SAIF premiums and ity to require SAIF-insured institutions to Oakar/Sasser premiums. modest amount of these excess RTC funds pay a special, one-time assessment of up to Authorizes the use of unexpected RTC 40 basis points toward recapitalization of the available as part of a solution. funds to help recapitalize the SAIF fund and merged BIF-SAIF fund. The assessment BIF-SAIF RESOLUTION OPTIONS to cover losses consistent with the original could be collected over a number of years, OPTION 1: FINANCING CORPORATION AND SAV- intent of the 1989 FIRREA legislation. with a lager portion of the assessment due in INGS ASSOCIATION INSURANCE FUND REFORM Authorizes investment of remaining RTC the first year to address the immediate prob- ACT OF 1995 funds with annual interest income used to lem of inadequate fund capitalization. The Summary: Uses investment income from pay portion of annual FICO bond interest. FDIC is authorized to provide exemptions unexpected RTC funds for FICO debt obliga- Includes portion of premiums paid Oakar from this assessment, or reduce such assess- tion; SAIF-insured institutions recapitalize and Sasser institutions toward payment of ment, for troubled institutions or institu- SAIF with possible special assessment and FICO debt obligation. tions which would become troubled if such premium disparity. Eliminates the mandatory 18 basis point an assessment were imposed. Authorizes use of investment income from minimum annual assessment rate for SAIF- Requires current SAIF-insured institutions unexpended RTC funds to pay FICO debt ob- insured institutions in current law to permit to continue to pay the FICO bond debt obli- ligation. FDIC to set SAIF premium at level that gation. Authorizes use of remaining unexpended would balance use of RTC funds and concern Includes premiums paid by Oakar and Sas- RTC funds to be held in reserve by FDIC to for competitive position of SAIF-insured in- ser institutions toward payment of FICO cover potential insurance fund losses at stitutions. debt obligation. SAIF-insured institutions until the SAIF OPTION 4: FUNDING FOR SUPERVISORY GOODWILL Eliminates the mandatory 18 basis point fund achieves designated reserve ratio of 1.25 ADJUDICATIONS ACT OF 1995 minimum annual assessment rate for SAIF- percent of insured deposits. Any unused RTC Summary: Uses unexpended RTC funds to insured institutions to permit FDIC to set funds revert to U.S. Treasury upon recapital- establish a special reserve fund to satisfy separate annual premiums for SAIF-insured ization of fund. claims arising from supervisory goodwill institutions that reflect estimates of ex- Provides FDIC with discretionary author- cases. penses to the current SAIF fund, plus ity to require SAIF-insured institutions to Authorizes unexpended RTC funds to con- amounts necessary to pay a pro rata share of pay a special, one-time assessment of up to tinue to be made available and set aside in a the additional fund capitalization and the 40 basis points toward recapitalization of the special reserve fund. annual FICO bond debt obligation. SAIF fund. The assessment could be col- Authorizes the use of principal and inter- OPTION 7: BANK INSURANCE FUND AND THE SAV- lected over a number of years, with a larger est income available to the special fund to be INGS ASSOCIATION INSURANCE FUND MERGER portion of the assessment due in the first used to satisfy judgments against the federal ACT OF 1995 year to address the immediate problem of in- government in cases brought by thrift insti- Summary: Merges the BIF and SAIF funds; adequate fund capitalization. The FDIC is tutions in response to changes made in Scheduled reduction in BIF premium; Excess authorized to provide exemptions from this FIRREA in the treatment of supervisory RTC funds loaned to FDIC to fully capitalize assessment, or reduce such assessment, for goodwill for the realization of losses from ac- merged BIF-SAIF fund; SAIF-insured insti- troubled institutions or institutions which quisitions of failed thrift institutions. tutions repay loan of RTC funds with special would become troubled if such an assessment OPTION 5: DEPOSIT INSURANCE FUNDS annual assessment; All institutions funded were imposed. MANAGEMENT IMPROVEMENT ACT OF 1995 FICO debt obligation on pro rata basis. Eliminates the mandatory 18 basis point Summary: Provides the FDIC with greater Authorizes the merger of the BIF and SAIF minimum annual assessment rate for SAIF- flexibility in managing the BIF and SAIF in- insurance funds into single insurance fund insured institutions in current law to permit surance funds and in setting annual BIF and with the combined fund fully capitalized no FDIC to set annual SAIF premiums at levels SAIF premiums. later than 2000. that balance the rate of recapitalization of Clarifies that the designated reserve ratio Requires both BIF-insured and SAIF-in- SAIF with concern for competitive position of 1.25 percent of insured deposits for the BIF sured institutions to pay the annual FICO of SAIF-insured institutions. and SAIF insurance funds is a minimum re- bond debt obligation on pro rata basis. Directs FDIC to limit annual BIF-SAIF serve ratio rather than a target to be main- Directs the FDIC to make the scheduled premium disparity to not more than 9 basis tained. 1995 reduction in annual premiums paid by points during period of recapitalization of Authorizes the FDIC to maintain the BIF former BIF-insured institutions to level re- SAIF. and SAIF funds at reserve levels that provide flecting original estimates of expenses to the Clarifies that FICO debt repayments are an appropriate cushion against anticipated BIF fund, plus amount necessary to pay a pro insurance outlays for purposes of budgetary losses without allowing excessive reserves to rata share of the annual FICO debt obliga- scoring. build up in either fund. tion, except that the average assessment OPTION 2: FINANCING CORPORATION AND SAV- Authorizes the FDIC to make appropriate shall under no circumstances exceed 6 basis INGS ASSOCIATION INSURANCE FUND AMEND- reductions in annual BIF and SAIF premium points. MENTS OF 1995 assessments when reserve funds or exceed Authorizes unexpended RTC funds to be Summary: Uses unexpended RTC funds to the minimum designated reserve ration of made available to FDIC as a loan to capital- recapitalize SAIF; FICO debt obligation 1.25 percent of insured deposits. ize the merged BIF-SAIF fund at the des- funded with interest from invested RTC Eliminates the mandatory 18 basis point ignated reserve ratio of 1.25 percent of in- funds, SAIF premiums and Oakar/Sasser pre- minimum annual premium assessment in sured deposits. miums. current law for SAIF-insured institutions. Authorizes the FDIC to set a separate an- Authorizes use of unexpended RTC funds to Authorizes the FDIC to consider the im- nual assessment for institutions insured by recapitalize the SAIF. pact of any potential disparity in annual pre- the SAIF as of December 31, 1994 (and any April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 857 successor institution) for the purpose of re- basis; No merger of BIF–SAIF funds; SAIF- Provides FDIC with discretionary author- paying the loan of RTC funds used to capital- insured institutions capitalize SAIF with ity to require SAIF-insured institutions to ize the merged BIF-SAIF fund.+ The annual special assessment and premium disparity. pay a special, one-time assessment of up to amount of the special assessment and the re- Requires both BIF-insured and SAIF-in- 40 basis points toward recapitalization of the payment term would be determined by the sured institutions to pay the annual FICO SAIF. The assessment could be collected FDIC in consultation with the Treasury. bond debt obligation on a pro rata basis. over a number of years, with a larger per- The disparity between the annual premium Provides the FDIC with discretionary au- centage payment due to first year to help re- assessments paid by former SAIF-insured in- thority to require SAIF-insured institutions duce immediate concern for inadequate fund stitutions, including the annual assessment to pay a special, one-time assessment of up capitalization. The FDIC would have author- to repay the loan of RTC funds, and the an- to 40 basis points toward recapitalization of nual premium assessments paid by other in- the SAIF fund. The assessment could be col- ity to grant exemptions from this assess- sured institutions would be capped at 9 basis lected over a number of years, with a larger ment, or reduce such assessment, for trou- points. portion of the assessment due in the first bled institutions or institutions which would Eliminates the mandatory 18 basis point year to address the immediate problem of in- become troubled if such an assessment were minimum annual assessment rate for SAIF- adequate fund capitalization. The FDIC is imposed. insured institutions. authorized to provide exemptions from this Provides clarification that the reserve OPTION 8: DEPOSIT INSURANCE FUND MERGER assessment, or reduce such assessment, for ratio of 1.25 percent of estimated insured de- ACT OF 1995 troubled institutions or institutions which posits in the minimum designated reserve Summary: Merges the BIF and SAIF funds would become troubled if such an assessment ratio required of the BIF and SAIF funds with recapitalization of combined fund with- were imposed. rather than an absolute level that must be in five years; Scheduled reduction in BIF Eliminates the mandatory 18 basis point maintained or cannot be exceeded. premium; SAIF-insured institutions contrib- minimum annual assessment rate for SAIF- Authorizes the FDIC to make appropriate ute to combined fund shortfall with special insured institutions in current law. reductions in annual BIF and SAIF premium assessment and capped premium differential; OPTION 11: SAVINGS ASSOCIATION INSURANCE assessments when the reserves of a fund All institutions fund FICO debt obligation on FUND STABILIZATION ACT OF 1995 meet or exceed the minimum designated re- pro rata basis. Summary: BIF and SAIF-insured institu- serve ratio. Authorizes the merger of the BIF and SAIF tions fund FICO debt obligation on pro rata Provides clarification that insurance fund deposit insurance funds into a single insur- basis; SAIF-insured institutions capitalize revenues be used primarily for insurance ance fund with recapitalization of combined SAIF with special assessment and premium fund purposes and that premium revenues fund at designated reserve ratio of 1.25 per- disparity through 1999; RTC funds used as not be unduly diverted for other purposes. cent of insured deposits within 5 years. backup loss reserve for SAIF. Authorizes the FDIC to include a portion Requires both BIF-insured and SAIF-in- Requires both BIF-insured and SAIF-in- of premiums paid by Oakar and Sasser insti- sured institutions to pay annual FICO bond sured institutions to pay annual FICO bond tutions toward payment of FICO debt obliga- debt obligation on pro rata basis. debt obligation on a pro rata basis. Directs the FDIC to make the scheduled Provides the FDIC with discretionary au- tion. reduction in annual premiums paid by BIF- thority to require SAIF-insured institutions Eliminates the mandatory 18 basis point insured institutions to a level that reflects to pay a special, one-time assessment of up minimum annual assessment rate for SAIF- estimates of expenses to the current BIF to 40 basis points toward recapitalization of insured institutions in current law. fund, plus amounts necessary to pay the pro the SAIF fund. The assessment could be col- rata share of annual FICO debt obligation. lected over a number of years, with a larger f Provides FDIC with discretionary author- percentage payment due the first year to ad- ity to require SAIF-insured institutions to dress the immediate problem of inadequate INDUSTRY-FUNDED CHECKOFF pay a special, one-time assessment of up to fund capitalization. The FDIC is authorized PROGRAM FOR PROPANE GAS 40 basis points toward recapitalization of the to grant exemptions from this assessment, or merged BIF-SAIF fund. The assessment reduce such assessment, for troubled institu- could be collected over a number of years, tions or institutions which would become with a larger portion of the assessment due troubled if such an assessment were imposed. HON. W.J. (BILLY) TAUZIN in the first year to address the immediate Authorizes the use of unexpended RTC OF LOUISIANA problem of inadequate fund capitalization. funds to be held in reserve by the FDIC to The FDIC is authorized to provide exemp- cover potential insurance fund losses for IN THE HOUSE OF REPRESENTATIVES tions from this assessment, or reduce such SAIF-insured institutions until SAIF assessment, for troubled institutions or in- achieves the designated reserve ratio. Un- Friday, April 7, 1995 stitutions which would become troubled if used funds revert to U.S. Treasury upon re- Mr. TAUZIN. Mr. Speaker, today I am intro- such an assessment were imposed. capitalization of the fund. ducing legislation that would allow the propane Provides the FDIC with discretion to set Eliminates the mandatory 18 basis point annual premiums paid by SAIF-insured insti- minimum annual assessment rate for SAIF- industry to establish an industry-funded check- tutions separately from premiums paid by insured institutions in current law. off program for propane gas, an environ- BIF-insured institutions until combined OPTION 12: FEDERAL DEPOSIT INSURANCE COR- mentally sound and economical energy source BIF-SAIF fund is recapitalized at the des- PORATION REGULATORY FLEXIBILITY ACT OF relied on each year by some 60 million Ameri- ignated reserve ratio. 1995 cans. Eliminates the mandatory 18 basis point minimum annual assessment rate for SAIF- Summary: Regulatory changes to provide Last Congress, I introduced similar legisla- insured institutions. the FDIC with flexible authority to address tion; H.R. 3546, that was cosponsored by 124 problems of SAIF recapitalization and FICO OPTION 9: SAVINGS ASSOCIATION INSURANCE members and formally acted upon the Energy debt repayment with a variety of potential FUND RECAPITALIZATION ACT OF 1995 revenue sources, including unexpended RTC and Power Subcommittee of the Commerce. Summary: Uses unexpended RTC funds to funds, SAIF premiums and special assess- Final action on the measure could not be com- help recapitalize SAIF; No. BIF-SAIF Merg- ment, BIF-SAIF transfers and Oakar/Sasser pleted before the 103d Congress adjourned. er; BIF and SAIF institutions fund FICO FICO contributions. The legislation I am introducing today has debt obligation on a pro rata basis. Authorizes the FDIC to administer repay- Authorizes the use of unexpended RTC been modified to address issues raised during ment of the FICO bond debt obligation. consideration of the bill last Congress. These funds to help recapitalize the SAIF fund and Authorizes the FDIC to administer the un- to cover losses consistent with the original expended RTC funds and investment income changes have made the bill better and as I in- intent of the 1989 FIRREA legislation. and to allocate such funds for purposes of: troduced the measure today, I am not aware Requires both BIF-insured and SAIF-in- payment of FICO debt obligation; capitaliza- of any likely opposition. sured institutions to pay the annual FICO tion of the SAIF; creation of a reserve to bond debt obligation on pro rata basis. Propane is one of this Nation's most versa- cover potential insurance fund losses in tile energy sources, supplying 3 to 4 percent Eliminates the mandatory 18 basis point SAIF-insured institutions until SAIF minimum annual assessment rate for SAIF- achieves designated reserve ratio; creation of of our total need for energy. Since it is distrib- insured institutions in current law to permit a reserve against federal liability in goodwill uted in liquefied form by trucks, not carried in FDIC to set SAIF premium at level that cases. pipelines, propane is the fuel of choice in resi- would balance use of RTC funds and concern Authorizes the FDIC to borrow tempo- dential areas outside of the natural gas dis- for competitive position of SAIF-insured in- rarily from either fund limited amounts to stitutions. tribution system. Propane is also used by permit the other fund to achieve or maintain farmers to dry crops, power tractors, or warm OPTION 10: SAVINGS ASSOCIATION INSURANCE the designated reserve ratio. The authority FUND AND FINANCING CORPORATION REFORM to borrow assets or revenue from a fund greenhouses, by millions of recreational vehi- ACT OF 1995 would be limited at any time to an amount cle owners and camping enthusiasts, and by Summary: BIF and SAIF-insured institu- representing .03 percent of the assessment the construction and other industries as a tions fund FICO debt obligation on pro rata base of the fund. source of heat and power. E 858 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 In a checkoff program, a small fraction of into effect. If the experience with the program TRIBUTE TO BETHEL PILOTS the wholesale price of a product is set aside is not as positive as the industry projects and MEN’S BASKETBALL and forwarded to a specially created checkoff experience with checkoff programs suggests, board. The propane board, which would be it could be terminated by a majority vote of HON. TIM ROEMER known as the Propane Education and Re- both classes, or a two-thirds vote by a single OF INDIANA search Council, would use those pooled funds one. It is the propane industry's own request IN THE HOUSE OF REPRESENTATIVES for a variety of activities that would benefit the that we would help provide it with this coordi- Thursday, April 6, 1995 propane consumer, the propane industry, and nated opportunity to voluntarily pool its re- the public. The Propane Education and Re- sources. Mr. ROEMER. Mr. Speaker, I rise today to search Council would undertake specific activi- This bill is an important self-help measure recognize and pay tribute to a group of college ties including: First, research and development for the propane industry based on a proven athletes in my district who have distinguished of more efficient, cleaner burning appliances; themselves as the NAIA Division II Men's Bas- second, research and training in safety for legislative precedent from other industries. Moreover, as a self-help measure, rather than ketball National Champions: The Pilots of both the industry and the public; third, edu- Bethel College in Mishawaka, IN. cation in regulatory compliance and coopera- a request for direct Government funding, this measure may well become a model for future On Tuesday, March 14, the Bethel College tive activities with States; and fourth, coopera- Pilots defeated Northwest Nazarene College legislation in many fields. I encourage my col- tive activities with State associations and 103 to 95. The championship game topped off leagues to join me in cosponsoring this legis- builder outreach efforts. All of these activities a 16-game-winning streak and brought a per- lation. will provide substantial benefits to propane fect ending to an outstanding season. In addi- consumers and the public. f tion to claiming the national title, the team set There are currently more than 150 Federal the school season record for most wins, finish- and State checkoff programs. They operate THANK YOU LESTER MCFADDEN ing 38 to 2. Pilots senior guard Mark Galloway primarily in agricultural industries, which bene- netted the three-point buzzer-beater at the end fit from checkoffs for beef, eggs, cotton, milk, FOR 35 YEARS OF DEDICATED of regulation and thus sent the game into and soybeans. SERVICE TO THE FRANKLIN overtime. Mark became Bethel's all time lead- There are some similar programs in energy COUNTY DEMOCRATIC PARTY ing scorer and was named the Most Valuable industries, however, such as the Gas Re- Player of the tournament. search Institute, the Electric Power Research In their first year after moving up in to the Institute, the Texas Railroad Commission pro- HON. GLENN POSHARD NAIA, the young men of Bethel reached the pane checkoff and similar State programs in OF ILLINOIS top of their division. By their hard work and te- Louisiana, Missouri, and Alabama. Oil produc- ers in Oklahoma have recently created the IN THE HOUSE OF REPRESENTATIVES nacity they have brought immeasurable pride and happiness to Bethel College, Bethel alum- Oklahoma Energy Resource Board. Friday, April 7, 1995 The Gas Research Institute [GRI], for exam- ni and our entire community. I would also ple, boasts a 400-percent return for each dol- Mr. POSHARD. Mr. Speaker, I rise today to commend the leadership at Bethel College, lar collected and invested. While GRI's work pay tribute to Mr. Lester McFadden, a con- particularly Dr. Norman Bridges, for his sup- primarily benefits urban and suburban natural stituent and friend who is stepping down as a port of the athletic program. gas consumers, the propane checkoff would Democratic precinct committeeman in Benton, Mr. Speaker, I commend Coach Mike Light- benefit rural and agricultural users of propane, IL, after 35 years of dedicated service. In 1970 foot, head coach of the Bethel College Pilots, for leading his team to victory, for being as well as urban and suburban propane con- Lester officially entered the political ring when named the NAIA Division II Coach of the Year sumers. he became a committeeman and was elected The agricultural industry, for example, which and for his career record of 235 wins, 65 Benton's town clerk. losses. I am proud and honored to recognize accounts for 7 to 8 percent of all propane Lester was born on February 15, 1911, in consumed in the United States, will see sub- this milestone in Pilots' history. I know that in Logan, IL, and has lived his entire life in the years to come these fine young men will stantial benefits from the propane checkoff. Franklin County. He worked 25 years as a Much of the large industrial and agricultural continue to distinguish themselves with great- carpenter before working more than 20 addi- equipment now in use is not as efficient as ness in their careers, and in their commu- tional years in the coal industry of southern Illi- residential and commercial equipment. The nities. propane checkoff will permit research and de- nois. He did all this while balancing the re- f velopment into better, more efficient equip- sponsibilities of being a husband, devoted fa- ment for the industry. With even marginal in- ther of four, and a committeeman. Being a CONGRATULATIONS TO OUR LADY creases in equipment efficiency, the agri- precinct committeeman is hard work, but Les- OF THE HAMPTONS culture industry would reap great returns. Ob- ter is no stranger to rolling up his sleeves and viously, better and more efficient utilization of digging in to whatever challenge faces him. HON. MICHAEL P. FORBES propane would benefit other industries, such Lester is a person that believes in the value OF NEW YORK as construction, in still other ways, further in- of community involvement and always makes IN THE HOUSE OF REPRESENTATIVES creasing the value of the return. time for his neighbors. For approximately 15 Friday, April 7, 1995 A checkoff program is particularly needed years he coached Little League Baseball in for propane because, unlike all other major Benton, he is a member of the West City Mr. FORBES. Mr. Speaker, I rise today to forms of energy and many minor energy Church of God, the Masonic Lodge, and the congratulate the exceptional students at Our sources, propane receives virtually no Federal Shrine. He has a tough schedule, but always Lady of the Hamptons Regional Catholic support for research, development, education, manages to make time for the people of School in Southampton, Long Island, NY, who or other activities. Rather than turn to the Fed- Franklin County. will be inducted into the National Junior Honor eral Government for support in a period of def- I have always known Lester to be a hard- Society on April 26. icit spending and tight funding restrictions, the It comes as no surprise to me that the par- working, dedicated, and honest individual. He propane industry has developed this self-help ents, teachers, and students at Our Lady of has always been a trusted and a valued friend proposal to help ensure that propane is most the Hamptons have produced such outstand- effectively and efficiently utilized. While this and it is with great sadness that I see him ing scholars and future community leaders. program is paid for by the propane industry, step down as precinct committeeman. While For years, Our Lady of the Hamptons has propane consumers and the public will be pri- Lester may be leaving his role as committee- been known throughout eastern Long Island mary beneficiaries. man I am sure he will continue to be active in as an institution unrivaled for its dedication to This legislation only provides the propane Franklin County politics. I wish him all the best educating young adults and providing them industry with the opportunity to establish this as he enters this new stage of life and I am with the moral compass they will need to navi- program. The legislation I am proposing would honored to represent this distinguished gen- gate their way through the rough seas of life. not actually establish the propane checkoff. In- tleman in Congress. Last year, the President of the United States stead, it calls upon the propane industry, pro- likewise recognized the accomplishments of pane producers, and retail marketers, to hold this fine institution and named Our Lady of the a referendum among themselves to authorize Hamptons a Blue Ribbon School of Excel- establishment of the checkoff before it can go lence. April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 859 As a ``blue ribbon school,'' Our Lady of the and losses. They have worked hard to ensure THE INTRODUCTION OF REVENUE Hamptons is a model for the entire Nation. that their culture endured. BOND AUTHORITY BILL While violence wrecks classrooms in other Many who survived the conflict were wel- parts of the country and drugs infest school comed to the United States and today should HON. ELEANOR HOLMES NORTON yards in both cities and suburbs, Our Lady of be honored for the contributions they are mak- OF THE DISTRICT OF COLUMBIA the Hamptons is a beacon of responsibility ing to our communities in my district in Min- IN THE HOUSE OF REPRESENTATIVES and success that shines as an example for nesota and to our Nation. Their success in re- Friday, April 7, 1995 students and teachers everywhere. building their families and communities in the What makes Our Lady of the Hamptons so United States stands as a tribute to them but Ms. NORTON. Mr. Speaker, today I am in- unique, I believe, is its conviction that edu- their cause would be greatly helped by pas- troducing legislation that presents a unique cation is more than a matter of books and sage of the legislation I am introducing today, and extraordinary economic opportunity for the tests or homework and quizzes. Education at the Hmong Veterans Naturalization Act. District of Columbia. This bill offers this un- Our Lady of the Hamptons is ultimately about Although it was not apparent then, their ac- precedented opportunity through revenue character. It's about morals and values. It is bonding authority, including the authority to about learning the difference between right tions had a major impact on achieving today's global order and the positive changes of the build a new convention center, as well as a and wrong. new sports arena downtown. These are not past decade. This time was difficult and ex- At Our Lady of the Hamptons, success is only remarkable projects. In light of the Dis- treme sacrifices were made by those engaged not necessarily defined as a straight A-plus trict's need for revenue in the midst of a se- in the jungles and the highlands whether in average. Rather, success is a combination of vere economic crisis, these projects are re- academic excellence and responsible leader- uniform or in peasant clothing and for those markably timed. These two buildings hold vir- ship. whose homeland was the battlefield. tually the only promise for indispensable eco- These students chosen for membership in The Lao-Hmong veterans deserve this rec- nomic development for a city that otherwise the National Junior Honor Society are certainly ognition and consideration. The Vietnam con- faces an unprecedented and painful fiscal cri- very intelligent, but more importantly, they are flict is a page in history for some and forgotten sis. The bonding authority authorized in this also role models for their peers. They are ex- or even unknown by our youth, but surely it is bill will mark a critical step toward the revival amples of decent and generous young adults. an event burned deeply and vividly into the of the economy of the District. They have helped with lunch duty and they minds of the Lao-Hmong veterans and their Today, the Washington Convention Center have organized food drives. They have made families who shoulder the duty. Between operates at a 90-percent occupancy range. In AIDS quilts to show their compassion for their 10,000 and 20,000 Hmong were killed in com- this year alone, the District will lose over $80 brothers and sisters who are suffering, and bat and over 100,000 had to flee to refugee million in economic impact because of the loss they have distributed milk to their classmates camps to survive. While it is clear that the of shows that are too large for the present during lunchtime. They have collected clothes Hmong served bravely and sacrificed dearly in center. However, the new convention center and toys to send to their adopted classmates the Vietnam war, many of those who did sur- will be three times the size of the current cen- in Ecuador and they have helped their teach- vive and made it to the United States, are ter. That translates into over $2.8 billion in di- ers on countless occasions just by their very separated from other family members and are rect convention revenue for the District be- example of good conduct. having a difficult time adjusting to life here. tween 1998 and 2003. On the other hand, Through all of these acts of generosity both Fortunately there is something we can do to without the new center, the District will lose big and small, these exceptional students $968 million in direct convention revenue by have proven that true leadership is about serv- speed up the process of family reunification and ease the adjustment of Hmong into United the year 2002. ice. I was once told that the strongest people A new sports arena also could not come at States society, at no cost to the Federal Gov- are those who share their strength with others. a better time for the District. Moving the arena ernment. If that really is the case, and I do believe it is, from the Maryland suburbs to downtown these are some of the strongest people on the My legislation makes the attainment of citi- Washington will result in more than $100 mil- planet. zenship easier for those who served in the lion in net new spending in the District annu- Mr. Speaker, I hope the entire House of Special Guerrilla Units by waiving the English ally from people buying tickets and purchases Representatives joins me in expressing well- language test and period in residence require- from concessions at events, as well as patron- deserved congratulations to these terrific stu- ment. The greatest obstacle for the Hmong in izing restaurants in the area. The arena also dents as well as their families, their teachers, becoming a citizen is passing the English test. will create a minimum of 540 full-time equiva- and everybody else who makes up the won- Written characters for Hmong have only been lent jobs in the city. derful community at Our Lady of the Hamp- introduced recently, and whatever chances It is important to note that these projects are tons. On behalf of all of our neighbors most Hmong who served may have had to not pipe dreams that may or may not come throughout eastern Long Island, I am truly learn a written language were disrupted by the true. The District's Hotel Association has proud to represent them in Congress. war. agreed to an increase in the hotel tax to back f This bill would also waive the residency re- the convention center bonds and the owner of quirement for those who served in order to the two sports franchises has agreed to pay INTRODUCTION OF THE HMONG speed up the process of family reunification. the cost of building the arena. The only thing VETERANS NATURALIZATION ACT Current law permits aliens or noncitizen na- that stands in the way of making these a re- tionals who served honorably during World ality is congressional approval of revenue HON. BRUCE F. VENTO War I, World War II, the Korean conflict, and bonding authority for the District. OF MINNESOTA the Vietnam war to be naturalized regardless I strongly urge support for this legislation. It IN THE HOUSE OF REPRESENTATIVES of age, period of residence or physical pres- will help give the District of Columbia the tools ence in the United States. There is a well-es- to become again the master of its own eco- Friday, April 7, 1995 nomic destiny. tablished precedent of modifying naturalization Mr. VENTO. Mr. Speaker, today I am intro- requirement for military service, recently f ducing the Hmong Veterans Naturalization Act reaffirmed by passage of legislation granting which would ease naturalization requirements SILVER JUBILEE OF PORICY PARK citizenship to those who served in the Filipino for the Hmong, of Laos, who fought alongside the United States Armed Forces during the Scouts during World War II. HON. FRANK PALLONE, JR. Vietnam war. On April 2, I had the privilege to The Hmong stood by the United States at a crucial time and that service deserves recogni- OF NEW JERSEY participate in an event held to honor those IN THE HOUSE OF REPRESENTATIVES Lao-Hmong veterans who fought on the side tion and today we should stand with the Lao- of the United States in the Vietnam war at Hmong in their struggle to become citizens Friday, April 7, 1995 great sacrifice to themselves, their families, and to live a good life in our Nation. Mr. PALLONE. Mr. Speaker, on Saturday, and their entire community. Hmong of all ages April 22, Poricy Park in Middletown, NJ, will fought and died alongside United States sol- celebrate its Silver Jubilee. It is a great honor diers and as a result of the brave position they for me to pay tribute to this wonderful re- took and their loyalty to the United States the source for the people of Middletown and the Hmong, tragically, lost their homeland. The surrounding communities of Monmouth Coun- Hmong people have endured these sacrifices ty. Owned by Middletown Township, Poricy E 860 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 Park is a 250-acre facility operated by the of sports and academic achievements was al- guided idea that central government control Poricy Park Citizens Committee, a private, ways present. Mike was a little league all star, over the public domain must be expanded. non-profit group. The park includes a Nature a Babe Ruth all star, a varsity football player The new congressional majority believes it is Center, opened in 1978, and restored historic and a record setting track star. At the same time to downsize the Federal bureaucracy, buildings. time, Mike's academic achievements included shift public lands to governments closer to the Mr. Speaker, Poricy Park has a long and il- being named to the principal's list, receiving people, and recognize the role that the public lustrious history. In 1667, John Throckmorton first honors and serving a member of the Na- lands in the West play in putting people back received a grant of lands that included the tional Honor Society. His achievements were to work. area where the park is now located. Part of recognized by his peers who selected him as Many Western States have also been told the land was purchased in 1767 by Joseph senior class president and voted him as best that the national interest demands that State Murray, a Scots-Irish immigrant from London- all around for the class of 1974. Mike's receipt and local concerns be accorded second-class derry, who joined the Monmouth Militia during of the Bob Blum Trophy as outstanding stu- status. In my State of Alaska, over half of our the Revolutionary War and was murdered on dent/athlete in 1974 was a tribute to both his public lands were designated parks, wilder- his farm on June 8, 1780. The farmhouse and abilities and his determination. ness areas, and refuges in the name of the barn are still standing at the site. Owned by College posed new challenges and triumphs national interest without any form of consider- the Murray family until 1861, and a series of for Mike Lanni. At Lafayette College he over- ation in return. There are indeed times when other owners thereafter, the land functioned as came a knee injury to continue his active par- the interests of the country compel action, but a farm until 1972. ticipation in collegiate sports, particularly foot- the interests and concerns of States and local The creation of the farm was born of the ef- ball and rugby. At the same time, Mike's lead- governments must be recognized and ad- forts of the Poricy Park Citizens Committee ership qualities were recognized by his peers dressed in such cases. Our public policy will who, in 1969, worked to save this area from who selected him as an officer of his fraternity, be that there can be no unilateral action by development. The Committee raised more Theta Chi. He was the obvious choice for that the Federal Government without special con- than $7,000 to secure properties, which were role. sideration being afforded by the affected State turned over to the Township. This donation After college Mike returned to New Jersey and local governments. began a process of acquiring lands that ulti- and conquered the new obstacles of the work The controversial matter of nuclear waste mately led to the acquisition of the current 250 world. He demonstrated his personal qualities storage offers an opportunity to implement this acres. Almost three-quarters of the land is left of loyalty, determination and smarts which are principle. A series of administrations and Con- undisturbed, for nature to manage. There is a all too rare a combination these days. These gresses has deliberated and decided to pro- hardwood forest, a pond, wet meadows and a qualities served Mike well as a sales associate ceed with waste storage facilities on public freshwater marsh. There is a 60-acre area of for Mueller Brothers and later with BASF lands in Nevada. Unfortunately this Federal open fields, the ecology of which supports where he rose through the ranks to become a action has not been matched by the special hawks, mice, foxes, woodchucks and dozens regional manager for four states. Mike's ability consideration that the governments and peo- of varieties of field wildflowers. Interest in his- and always-evident charm and good nature ple of Nevada, or any other similarly situated torical restoration efforts began in the late made his advance as inevitable as it was re- public lands State, deserve. I am considering 1960's, with work beginning in earnest in the lentless. an amendment to pending nuclear waste leg- late 1970's, leading to the Murray farm build- However, work and school provide a snap- islation to provide appropriate special consid- ings being registered as a New Jersey historic shot and not the measure of the man himself. eration to Nevada and affected county govern- site. Some 600 programs are presented every Mike was above all a dedicated family man; ments. year for schools, community groups and the who loved and treasured his parents Anthony This amendment would provide to the State general public, attracting some 13,000 visitors and Mary Lanni, his wife of nearly 10 years, and the affected counties a combination of per year. There are programs for arts and Margaret ``Midge'' Lanni, his siblings, Mary, specific parcels of valuable land as well as an crafts, a store and an artisan market. None of Patricia, Louise, Christopher, and Stephen and entitlement to select from a pool of public the great work at the park would be possible most of all his precious and treasured sons, lands. These lands would be provided to offset without the hard work of volunteers. Timothy and Patrick. Mike was dedicated to the withdrawal of multiple use public lands for Mr. Speaker, Poricy Park represents one of his two boys and Patrick and Timothy must waste storage and related purposes and to af- the best examples I know of dedicated com- know that he will continue to look out for them ford special consideration. Some lands would munity activists and local governments work- today, tomorrow and always from his heavenly be immediately available and others would be ing together, pooling their resources and cre- perch. eligible for selection and transfer as the waste ating something special to benefit of all the Although Mike has left this world pre- storage project proceeds. community. Poricy Park is an excellent re- maturely and can no longer be with us, his We welcome comments on this general pro- source that preserves the special history and memory will continue to occupy a warm place posal and are open to specific suggestions on natural beauty of Central New Jersey. I am in the hearts of all who knew Mike. I know that how to make it address the needs in Nevada. honored to pay tribute to this great facility and his family and the hundreds of friends who at- It is time to redress the balance in public all the fine people whose hard work and dedi- tended his memorial service felt honored and lands policy between the Federal Government cation has made it all possible. privileged to have known Mike, a good man and affected States and local governments. I f and loving father. Mr. Speaker, it has been a look forward to working with the elected rep- privilege to share with you the achievements resentatives in Nevada in applying this impor- IN MEMORY OF MICHAEL of Mike Lanni and all he has meant to his fam- tant principle to the waste storage issue. ANTHONY LANNI ily and those who knew him. f f HON. ROBERT MENENDEZ INTRODUCTION OF LEGISLATION ESTABLISHING MORE EQUITABLE TO ELIMINATE THE GROWTH OF NEW JERSEY RELATIONSHIPS BETWEEN THE CAP ON LIMITED PURPOSE IN THE HOUSE OF REPRESENTATIVES FEDERAL GOVERNMENT AND BANKS Friday, April 7, 1995 THE PUBLIC LANDS STATES OF Mr. MENENDEZ. Mr. Speaker, I rise today THE WEST HON. JOHN J. LaFALCE to pay tribute to Michael Anthony Lanni, to OF NEW YORK honor his memory, and to stand in solidarity HON. DON YOUNG IN THE HOUSE OF REPRESENTATIVES with his family and friends. All their lives were OF ALASKA Friday, April 7, 1995 richer because of Mike and he will be sorely IN THE HOUSE OF REPRESENTATIVES missed but never forgotten. Mr. LAFALCE. Mr. Speaker, I am happy to Friday, April 7, 1995 Mike was Jersey born on December 29, join my colleague, Congressman CASTLE, in 1956 and baptized at our Lady of Sorrows Mr. YOUNG of Alaska. Mr. Speaker, the introducing the Castle-LaFalce bill lifting the Church in Jersey City. A a youth, Mike en- leadership of the 104th Congress is seeking to cap on the annual asset growth of limited pur- riched the lives of his classmates, first at St. establish more equitable relationships between pose banks. This growth cap, imposed under Paul's Grammar School in Jersey City and the Federal Government and the public lands the 1987 Competitive Equality Banking Act later at Bergen Catholic and St. Mary's High States of the West. Before last November, [CEBA] imposes an arbitrary and unnecessary School. Throughout his childhood, Mike's love Washington saw a resurgence of the mis- regulatory burden. Its removal will enhance April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 861 the ability of these financial institutions to ellite receiving stations in all 64 parishes so Shoes won this year's crown in dramatic fash- serve their customers and communities, in- that school systems can broaden their curricu- ion when, with 1.1 seconds on the clock, crease the availability of credit, and maintain lum through distance learning. Maria Niebrugge sunk the winning basket and assets on their balance sheets. Through LPB satellite courses, teachers can guaranteed victory for her team. I always believed these restrictions were become certified to teach adult education, Pacing the sidelines for the Wooden Shoes anticompetitive and should never have been special education, environmental science, and is ``The Legend,'' Coach Dennis Koester, imposed. But, in any case, Congress intended English, as a second language, classes. LPB whose overall 13 year record is an astonishing these restrictions to be only a temporary is one of only 25 PBS stations and networks 364 wins and only 28 losses. Coach Koester, measure which were ultimately to be reconsid- in the country taking part in PBS Mathline, a along with his assistant coaches, Kim Beck- ered as part of comprehensive banking legis- nationwide effort by public television stations man and Laurie Thompson, have transformed lation, so that CongressÐnot the regulators or to improve math instruction in schools. the way people in central Illinois view high the courtsÐcould define more precisely the Stephanie Fournier and Roslyn Dempster, school basketball. regulatory supervision over financial service two teachers from Terrebonne Parish, are part With the help of their coaches this years institutions and competition among financial of the mathline project. They sent me a letter Wooden Shoes, Gina Bloemer, Sara Gobben, service providers. detailing what LPB and Public Broadcasting Crystal Worman, Marcia Meyer, Amy Although many years have passed, such has meant to them. Niebrugge, Stormy Young, Kim Walk, Emily comprehensive reform has never passed. I am Public Broadcasting has opened a commu- Probst, Kari Probst, Karen Droeger, Karla hopeful that we can accomplish that important nication network between teachers through Campbell, Marie Niebrugge, Monica Tegeler, goal in this Congress. But the changes Mr. Mathline, not just here in Louisiana but Elizabeth Ordner, Sarah Neibrugge, and CASTLE and I are recommending in this legis- throughout the United States, that we could Christine Sehy have established themselves lation can no longer wait. This is virtually the not have entered otherwise. as one of the greatest teams in the history of Teachers have a wealth of information but only financial services arena in which time is very limited resources for sharing with oth- Illinois basketball. standing still. There have otherwise been sub- ers. Mathline has allowed new and innova- Being the best takes more then just fancy stantial changes in the laws and regulations tive teaching ideas to be available to teach- footwork; it also takes knowing and under- governing the financial services industry that ers at the touch of a button. standing the fundamentals. Assisting with this have enhanced diversification opportunities for Representative Tauzin, there is so much task were Mindy Dhom and Lisa Hewing who other financial services providers, and made we can say about the mathline project. If not only played, but video taped the games for full service banks more efficient, strong, and PBS funds are cut, and the mathline project in-depth study, and Kathy Weber and Vickie competitive. In that context, these arbitrary could not be continued, it would be a great Kremer, who kept the score and the statistics. loss to Louisiana, the United States and the CEBA restrictions are even more untenable entire educational community. We strongly Mr. Speaker, Illinois is steeped in basketball and unreasonable. support PBS and we strongly urge Congress legend. This year, with a record of 33 wins There is also no regulatory need for these to continue funding. and 1 loss the Lady Wooden Shoes of restrictions. In 1989 and 1991, Congress en- It is signed ‘‘Sincerely in Support of Teutopolis realized their dream and became acted legislation to increase the ability of regu- PBS.’’ Roslyn Dempster and Stephanie the best girl's basketball team in Illinois. lators to ensure that all banks are run in a Fournier’’. I am proud of the hard work and dedication safe and sound manner. I would also like to read an excerpt the Wooden Shoes showed throughout the If we are truly committed to reducing the from a letter sent by Felicia Harry, an- season, and I am sure we will see this de- regulatory burden on financial institutions and other one of my constituents. voted team chasing the title when the ball is allowing them to better serve their commu- tipped again next season. I am honored to LPB is the State’s only television network nities, these restrictions must be eliminated as with a community-based educational mis- represent this fine team and its coaches in part of that effort. sion. LPB makes it easier for our children to Congress. Congratulations Wooden Shoes, f learn, easier for parents to allow their chil- you are the best girl's basketball team in the dren to watch television, and easier for all State. KEEP FUNDING FOR CORPORATION citizens to be better informed and enter- f FOR PUBLIC BROADCASTING IN tained. THE BUDGET Federal funding also allows LPB to DOWNSIZING THE DOE LABS provide programs to help adults get HON. WJ. (BILLY) TAUZIN their GED, improve their literacy level HON. TIM ROEMER OF LOUISIANA and take college courses at home. IN THE HOUSE OF REPRESENTATIVES In a State with alarmingly high drop- OF INDIANA Friday, April 7, 1995 out and illiteracy rates, damaging one IN THE HOUSE OF REPRESENTATIVES of the few public entities making a dif- Friday, April 7, 1995 Mr. TAUZIN. Mr. Speaker, I wholeheartedly ference in the fight to educate our pop- support efforts to cut unnecessary programs ulation would be counterproductive. Mr. ROEMER. Mr. Speaker, I am introduc- out of the Federal budget but I believe funding Let us not do something that we are ing legislation today to continue my efforts to for the Corporation for Public Broadcasting going to regret after irreversible dam- downsize our Government in a commonsense and our local PBS stations certainly doesn't age has been already done. Let’s keep manner. fall in that category. funding for the Corporation for Public This legislation will require the non-defense I think of Federal funding for Louisiana Pub- Broadcasting and local public tele- DOE labs to downsize the level of full-time lic Broadcasting as an investment, not a sub- vision stations in the budget. employees by one-third over a period of 10 sidy; 75 percent of the CPB money goes back years, with the half of these reductions occur- f to the local PBS stations and networks like ring in the first 5 years. LPB. Federal funding for the Corporation for CONGRATULATIONS TEUTOPOLIS The result will be either that each lab ac- Public Broadcasting also helps public stations GIRLS BASKETBALL WOODEN complishes its current mission more efficiently, to generate more money from viewers and SHOES; 1995 STATE CHAMPS or it will narrow its focus to more closely meet other sources. its original mission. I believe this is a signifi- Every weekday, LPB provides 81¤2 hours of HON. GLENN POSHARD cant step in the right direction. commercial-free, nonviolent educational pro- OF ILLINOIS This bill requires the DOE lab structure to gramming for children to help them learn how IN THE HOUSE OF REPRESENTATIVES terminate research and facilities that duplicate to count, write, and get along with each other. work being done in the private sector, to Since more than 600,000 homes in my State Friday, April 7, 1995 cease activity that is not relevant to its pro- do not have cable television, LPB is the only Mr. POSHARD. Mr. Speaker, I rise today to grammatic objectives, and to use, whenever source of quality programming available to 40 pay tribute to the Lady Wooden Shoes of feasible universities or other private sector fa- percent of the households in the State. Teutopolis High School. The Wooden Shoes cilities to complete its objectives. Louisiana Public Broadcasting is also an in- recently captured the Illinois High School As- The bill allows, but does not require, closing valuable educational resource for teachers. sociation, Class A State Basketball Champion- or scaling back of labs to meet these objec- Not only does LPB provide instructional tele- ship for the fifth time since 1983. This power- tives. The bill also requires fundamental vision shows which teachers can incorporate house basketball team has been in the elite changes in how the DOE labs follow health into their lesson plans, it has also set up sat- eight 10 times in 13 years. The Wooden and safety regulations. E 862 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 Currently, the DOE labels are required to Therefore, we commend Dr. Leffall's past ation. I am proud and honored to have such follow Federal, State and local environmental work, his dedication to medicine, cancer within two outstanding men serving the community. regulations. The bill does not change this. the African-American community, and look for- Please join me in congratulating Mr. Fred However, DOE currently uses an intricate and ward to his continued commitment and Stankiewicz and Mr. Mauro Andreulo for their cumbersome internal system of regulation to achievement as the first African-American heroic actions. meet these requirements. The bill requires ter- president of the American College of Sur- f mination of this practice, known as ``self-regu- geons. lation.'' Instead, the Labs will follow such re- f TRIBUTE TO WILLIAM C. quirements directly, as any business would do. O’MALLEY This will eliminate a large bureaucratic layer of IN HONOR OF FRED STANKIEWICZ the DOE, and should result in downsizing of a AND MAURO ANDREULA IN REC- sector of the DOE Washington headquarters. OGNITION OF THEIR VALOR HON. JOHN JOSEPH MOAKLEY The bill also contains requirements that the AWARDS OF MASSACHUSETTS Secretary report on the progress of imple- IN THE HOUSE OF REPRESENTATIVES menting this legislation to Congress. I have HON. ROBERT MENENDEZ Thursday, April 6, 1995 stated before that we need to downsize Gov- OF NEW JERSEY ernment with a scalpel and not a hatchet, and IN THE HOUSE OF REPRESENTATIVES Mr. MOAKLEY. Mr. Speaker, I rise today to I believe this bill represents the right ap- pay tribute to William C. O'Malley, the district Friday, April 7, 1995 proach. attorney of Plymouth County and a man I am f Mr. MENENDEZ. Mr. Speaker, I stand here proud to say was my friend. Bill O'Malley today to honor two brave firefighters, Mr. Fred passed away suddenly on April 3, but I can TRIBUTE TO LASALLE D. Stankiewicz and Mr. Mauro Andreula. Their re- assure you that he will not soon be forgotten. LEFFALL, JR. lentless efforts and courage helped rescue the Bill O'Malley served as Plymouth County lives of three innocent people. They are both District Attorney for nearly 17 years and was HON. ELEANOR HOLMES NORTON being honored at a Valor Award Dinner on one of the finest trial attorneys in the country. OF THE DISTRICT OF COLUMBIA April 29, 1995. Over the course of his public career, Bill IN THE HOUSE OF REPRESENTATIVES On July 2, 1994, the Ladder Company Two earned a reputation as a tough prosecutor Friday, April 7, 1995 of the Hoboken Fire Department responded to with an uncompromising commitment to public Ms. NORTON. Mr. Speaker, I am pleased to a fire alarm on Madison Street in Hoboken. safety. He is credited with modernizing the rise in celebrating Dr. Leffall's appointment as When the firefighters arrived on the scene Plymouth County District Attorney's office and the president-elect of the American College of they were confronted with heavy smoke and his technological innovations have served as a Surgeons, as well as his commitment to his fire coming from the first floor of a five story model to other offices across the country. students, and his dedication to the study of building. It was impossible to enter the build- Bill's commitment to justice and sense of cancer specifically within the African-American ing because of the extreme heat and smoke. fairness made him a natural leader. In the community. Therefore, Capt. Fred Meyer ordered fire- summer of 1993, he was called upon to serve Dr. Leffall is a scholar we can all respect fighters Stankiewicz and Andreula to go to the as president of the 8,000-member National and admire, graduating suma cum laude from roof so that the building may be ventilated. District Attorneys Association. In this capacity, Florida A&M, and first in his class from How- While on the roof the two firefighters received he worked very closely with President Clinton, ard University Hospital College of Medicine. a radio transmission from their captain stating Attorney General Janet Reno and FBI Director Since that time has he served at the highest that there were people trapped in the upper Louis Freeh on several important anticrime ini- level of many civic and professional organiza- floors of the building. tiatives. He played an important role in drafting tions, including: president of the American Firefighters Stankiewicz and Andreula the Violent Crime and Law Enforcement Act of Cancer Society; president of the Society of began their search for the victims on the fifth 1994 and later worked on a measure to mod- Surgical Oncology; member of the board of di- floor of the building. The conditions of the ernize the laws pertaining to wiretap proce- rectors of the Medical Education for South Af- building were terrible. They had nearly no visi- dures. rican Blacks; member of the National Cancer bility because of the smoke, and the intense Bill O'Malley was driven by an overriding Advisory Board; member of the American heat radiating from the flames was excruciat- compassion for people. This compassion Board of Surgery; and secretary of the Amer- ing. However, they did not give up. Instead, made him a staunch advocate for victim's ican College of Surgeons. they proceeded forward and crawled on their rights, especially women and children. His Beyond his personal scholarly achievement, hands and knees feeling the heat through their contributions to the community did not stop in Dr. Leffall has served as a professor and an gloves and all over their necks and ears. the courtroom. A frequent speaker at local inspiration for approximately 3,500 medical The firefighters finally located the victims. schools, he was a strong supporter of crime students and more than 150 general surgery Two young children, an 8-year-old and a 3- prevention programs. Bill also served as a residents instructed during in his 33 years on year-old and their mother were found laying mentor for many young attorneys, readily Howard's faculty. For his teaching, he has on the ground of a smoke-filled room. The two sharing his wisdom and commitment to public also received commendationÐnamed out- firefighters radioed down to their captain stat- service. standing teacher by the student council hon- ing they had located the victims and needed I know Bill O'Malley was devoted most of all oree and recipient of the Howard University assistance. However, manpower was low and to his familyÐhis wife Amy, and his twin sons, Distinguished Scholar-Teacher Award. the captain was still waiting for assistance. Ryan and William. Of his many achievements, Since that 1979, as the national president of The room was becoming unbearably hot and his love and commitment to them is his most the American Cancer Society, Dr. Leffall's pro- smokey. Firefighters Stankiewicz and Andreula important and lasting contribution. wasted no time, they immediately picked up fessional concentration has been on the in- f creasing incidence and mortality of cancer in the two children and placed them on the fire the African-American community. His never- escape. Firefighter Andreulo went back into LEGISLATION CLARIFYING FLSA ending commitment has affected the District's the building to rescue the mother. By this time, community, as well as the national African- both firefighters were running out of air. They American community, and he has received were extremely tired and firefighter HON. HOWARD P. ‘‘BUCK’’ McKEON commendation from both. Dr. Leffall received Stankiewicz had been injured. Nevertheless, OF CALIFORNIA the Humanitarian Award from the District of firefighters Stankiewicz and Andruela, with the IN THE HOUSE OF REPRESENTATIVES Columbia branch of the NAACP and the Na- help of firefighter James Nardello and Capt. tional Achievement Award from the Black Cau- Pat O'Brian, were able to rescue the young Friday, April 7, 1995 cus of the Democratic National Committee. He children and the mother and carry them to Mr. MCKEON. Mr. Speaker, the State of also received the Presidential Award from the safety. California is currently embroiled in a lawsuit Metropolitan Washington Chapter of the Amer- Firefighters Stankiewicz and Andruela went which could cost California taxpayers as much ican College of Surgeons, been named a above and beyond their call of duty. Their as $500 million. The case revolves around an Washingtonian of the Year and listed as one bravery and courage is highly commendable. alleged violation by the State under the Fair of the best doctors in Washington, DC in the They performed dutifully and exceptionally Labor Standards Act [FLSA]. What makes this Washingtonian. under an unbearable and life-threatening situ- case worthy of note, is that the State may be April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 863 forced to pay damages even though none of My legislation would continue the process housing programs to projects that facilitate the plaintiffs can prove they were actually which has already begun and end a clear housing for low- and moderate-income fami- harmed. Today, I am introducing legislation to abuse of the FLSA. I urge my colleagues to lies. clarify the law to protect State and local gov- support this legislation. While these figures are impressive, the Fed- ernments from such frivolous and costly f eral Home Loan Bank System needs some claims. fine tuning to enable it to continue to meet the Under the FLSA, nonexempt employees THE FEDERAL HOME LOAN BANK needs of all its members in a rapidly changing may file for liquidated damagesÐcash awards SYSTEM MODERNIZATION ACT financial marketplace. My legislation recog- equal to the amount of unpaid wagesÐshould OF 1995 nizes the changes that have occurred in home their employer violate the minimum wage and/ lending markets in recent years which is re- or overtime provisions of the FLSA. The al- HON. RICHARD H. BAKER flected in the present composition of the Bank leged violations by the State of California were OF LOUISIANA System's membership. Enacting this legisla- the result of budget impasses in 1991 and IN THE HOUSE OF REPRESENTATIVES tion will enhance the attractiveness of the 1992. In 1991, a budget impasse prevented Friday, April 7, 1995 banks as a source of funds for housing and California, in accordance with State law, from Mr. BAKER of Louisiana. Mr. Speaker, related community development lending, and paying some State employees on time. A Fed- today I am introducing comprehensive legisla- will encourage the banks to maintain their eral district court judge ruled that the failure to well-recognized financial strength. Specifically, distribute paychecks on payday, notwithstand- tion to provide the Federal Home Loan Bank System the tools it needs to expand on the my legislation: Articulates the Bank System's ing the circumstances of the budget impasse, mission in statute to emphasize the System's constituted a violation of the implied ``prompt significant contributions it has already made to the nation's housing finance delivery system. It important role of supporting our nation's hous- payment'' requirement under the FLSA. The ing finance system by providing long term Ninth Circuit Court of Appeals went one step is especially fitting today, as we debate the fu- ture of housing and housing finance in the credit and liquidity to housing lenders; estab- further and ruled that regardless of the cir- lishes voluntary membership and equal terms cumstances, any delay in the disbursement of 104th Congress, to work with an existing pri- vate entity to deliver a much need public pur- of access to the System for all institutions eli- paychecks violates the FLSA. Thus, in the gible to become Bank System members, and rare instance of a natural disaster which could pose. Since 1932, the Bank System has served as eliminate artificial restrictions on the Banks' delay the distribution of paychecks for even 1 lending to member institutions based on their day, a State or local government could be a link between the capital markets and local housing lenders, quietly making more money Qualified Thrift Lender status; equalizes and sued for liquidated damages. rationalizes Bank members' capital stock pur- During the 1992 budget impasse, the State available for housing loans at better rates for Americans. Today the Federal Home Loan chase requirements, preserving the coopera- of California paid its employees with registered tive structure that has served the System well warrants in order to avoid liability under the Banks' 5,400 member financial institutions pro- vide for one out of every four mortgage loans since its creation in 1932; separates regulation ``prompt payment'' requirement of the FLSA. and corporate governance of the Banks that These warrants, which accrued interest and outstanding in this country, including many loans that would not qualify for funding under reflect their low level of risk while ensuring the are legal negotiable instruments in the State of Banks can meet their obligations; and modifies California, were accepted by nearly all banks secondary market criteria. The Bank System accomplishes this without a penny of taxpayer the methodology for allocating the Bank Sys- and employees were able to cash the war- tem's annual $300 million REFCORP obliga- rants as they would their regular paychecks. money through an exemplary partnership be- tween private capital and public purpose. tion so that the individual Bank's economic in- In spite of the fact that the plaintiffs could centives are consistent with their statutory not prove actual harm, a Federal district court More than 3,200 of the Bank System's cur- rent members are commercial banks, credit mission to support home lending. judge initially ruled in favor of the employees, Taken together, these interrelated provisions finding that the State violated the ``cash or unions, and insurance companies that became address the major issues identified in a recent cash-equivalent'' requirement of the FLSA. eligible for Bank membership in 1989. They series of studies of the Bank System that Con- Even though the judge is reconsidering his de- demonstrate the market's value of the Bank gress required from the Federal Housing Fi- cision, the State of California remains exposed System by investing in the capital stock of the nance Board [FHFB], the Congressional Budg- to extensive liability and court costs. If the regional home loan banks. These institutions et Office [CBO], the General Accounting Office State had intentionally paid its employees late have recognized the advantages of access to [GAO], the Department of Housing and Urban or if the employees were actually harmed by the Bank System's credit programs and have Development [HUD] and a Stockholder Study the State's actions, then employees should be responded to their local communities' needs Committee comprised of 24 representatives of eligible for liquidated damages. However, the for mortgage lending. As the financial market- Federal Home Loan Bank stockholder institu- taxpayers in California should not be forced to place grows larger and more complex, I envi- pay for liquidated damages to State employ- sion the Bank System as a necessary vehicle tions from across the country. ees who have suffered no actual harm. for serving community lending needs espe- My legislation will make the banks more This legislation, which I am introducing with cially in rural and inner-city credit areas. profitable by enabling them to serve a larger several of my colleagues from the State of The Federal Home Loan Bank System universe of depository institution lenders more California and the Economic and Educational serves an active and successful role in financ- efficiently, and it will return control of the Opportunities Committee, would amend the ing community lending and affordable housing banks to their regional boards of directors who Portal-to-Portal Pay Act of 1947 to address through the Affordable Housing Program are in the best position to determine the needs the issue of liquidated damages. The legisla- [AHP] and the Community Investment Pro- of their local markets. At the same time, it will tion would relieve States and their political gram [CIP]. The AHP program provides low- provide for the safety and soundness over- subdivisions from liability for liquidated dam- cost funds for member institutions to finance sight necessary to ensure that this large, so- ages if: First, the employer shows to the satis- affordable housing, and the CIP program sup- phisticated financial enterprise maintains its fi- faction of the court that the employees were ports loans made by members to community- nancial integrity and continues to meet its obli- paid with a legal, negotiable instrument; sec- based organizations involved in commercial gations. ond, the employee cannot demonstrate to the and economic development activities to benefit I first offered comprehensive legislation to satisfaction of the court that he or she suffered low-income areas. modernize the Bank System in 1992. The leg- any actual harm; and third, the employer The Federal Home Loan Banks' loansÐad- islation is the culmination of efforts over the shows to the satisfaction of the court that its vancesÐto their members have increased last 3 years to address in a balanced way the failure to provide prompt payment was the re- steadily since 1992 to the current level of concerns of the bank's member institutions, sult of a natural disaster, failure to enact a more than $122 billion. Since 1990, the banks community and housing groups, and various budget, insolvency, or other condition beyond have made $7.1 billion in targeted Community government agencies. I look forward to pas- the control of the employer. Investment Program advances to finance sage of this important legislation to modernize This House has already demonstrated its housing units for low-and moderate-income an institution that works to improve the avail- commitment to relieving States and local gov- families and economic development projects. ability of housing finance and the opportunity ernments of the burden of unfunded mandates In addition, the banks have contributed more of home ownership for all Americans. and ending the practice of frivolous lawsuits. than $350 million through their affordable E 864 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 CONGRATULATIONS STEWARDSON- IN HONOR OF MAYOR ALAN H. [FQHC], Thus strengthening the vital safety STRASBURG HIGH SCHOOL COM- JEPSON net of services for low-income and under- ETS served children with special health care HON. ROSA L. DeLAURO needs. OF CONNECTICUT As the number of children in poverty has HON. GLENN POSHARD IN THE HOUSE OF REPRESENTATIVES grown and private coverage of dependents Thursday, April 6, 1995 has declined, children's hospitals have in- OF ILLINOIS creasingly become the primary care pediatri- IN THE HOUSE OF REPRESENTATIVES Ms. DELAURO. Mr. Speaker, on Wednes- cian and pediatric specialist for children. In ad- day, April 12, the Milford District of the dition, children's hospitals accept all children Friday, April 7, 1995 Quinnipiac Council of the Boy Scouts of Amer- regardless of their ability to pay and substan- Mr. POSHARD. Mr. Speaker, I rise today to ica gathers to honor former Milford Mayor Alan tially underwrite outpatient care. By allowing congratulate the Stewardson-Strasburg High H. Jepson with its annual Good Scout Award. children's hospitals to qualify as FQHC's, the This award is given to those who exhibit the School Comets on their outstanding basketball hospitals will receive reimbursement based on high ideals that the Boy Scouts exemplify. season. Lead by head coach Monte Nohren, reasonable costs as defined by Medicaid. Alan Jepson is such a man, and I would like and assistant coach John Giesler the Comets The second bill, The Children's Health Eq- to join the Milford Boy Scouts in paying tribute uity Act of 1995, will require States that estab- tipped off this season and never looked back. to this exceptional public servant who has also Throughout the 1994±95 varsity season the lish Medicaid managed care programs to con- been a longtime family friend and personal tinue enrolling children with special health care Comets were determined to make it to the mentor. State tournament in Champaign. With hard needs in traditional fee-for-service plans. Alan Jepson has devoted his entire life to Today, more and more States are moving to work and dedication the Comets blazed into serving others. Few are more deserving of the Medicaid managed care plans, which can po- assembly hall this March as part of the ``elite Good Scout Award than this gentleman who tentially present problems for very sick or dis- eight.'' has lived his entire life by the lessons he abled children. Specifically, HMO-type plans The Comets players: Ryan Moomaw, Ryan learned early as a Boy Scout. Duty, honor and can systematically deny care to very sick chil- Cox, Mark Giertz, Christian Merriman, Craig country guided his choices as he enlisted in dren by not having enough or any pediatric Ogle, Eric Roley, Phil Manhart, Bock Friese, the Navy at age 17 and then went on to serve specialists on contract. Patrick Merriman, Scott Meers, Dustin his community as mayor and city clerk. This bill seeks to protect children with spe- Rothrock, and Derrick York are to be espe- Alan Jepson can still recite the Boy Scout cial health care needs by requiring States who cially congratulated for their performance this oath from memory and has made those words adopt Medicaid managed care programs to season. These fine young men exemplify the the guiding force of his lifetime of service. The keep such children enrolled in traditional fee- concept of good sportsmanship, and under- Boy Scouts helped prepare him for the rigors for-service programs. Most often, traditional stand that while they did not take home the of World War II as he entered the Navy in Medicaid fee-for-service plans provide nec- state trophy, they are still champions. service of our Nation. As with so many of the essary access to pediatric specialists for chil- Mr. Speaker, I am honored to represent this men and women who served our country dur- dren with special health care needs. excellent team in Congress and I look forward ing those trying times, Al Jepson was willing to I believe mainstreaming the Medicaid popu- to next season when the Comets once again make sacrifices on behalf of those who served lation holds many advantages for those en- with him. set their sights on Champaign. rolled in Medicaid. But we cannot put the chil- The early lessons learned from scouting and dren in the greatest need of access to spe- f the hard lessons learned during his time in the cialty health care at additional risk of being de- service helped prepare Al to become one of nied necessary services. THE INTRODUCTION OF THE NA- our most respected community leaders. He I urge my colleagues to take a serious look TIONAL CHILDREN’S ISLAND ACT served three terms as mayor of the city of Mil- at these important bills to guarantee appro- OF 1995 ford in the 1960's. His energetic and compas- priate health care for the children in their dis- sionate style earned him the respect of the en- tricts with special health needs. tire community. His creative initiatives, like f HON. ELEANOR HOLMES NORTON civic day, which he founded, continues to allow Milford's young people to learn about FRANK R. BARNETT: A FIGHTER OF THE DISTRICT OF COLUMBIA city government and its important role in their AGAINST TYRANNY THROUGH- IN THE HOUSE OF REPRESENTATIVES lives. The legacy of this program has inspired OUT THE WORLD generations since then and will forever en- Friday, April 7, 1995 hance the city of Milford. HON. STENY H. HOYER Ms. NORTON. Mr. Speaker, today, at the As the Milford Boy Scouts honor Alan H. OF MARYLAND request of the District of Columbia, I am intro- Jepson, I am pleased to congratulate him, and IN THE HOUSE OF REPRESENTATIVES ducing the National Children's Island Act of to express my deep appreciation for all he has 1995, which will transfer the national park given us. He has earned a special place in the Thursday, April 6, 1995 service land on Heritage and Kingman Islands hearts of all of us whom he has touched and Mr. HOYER. Mr. Speaker, I rise today to in the Anacostia River to the District of Colum- enriched through his leadership and guidance. pay tribute to Mr. Frank R. Barnett, a former bia. These lands will then be developed by Alan Jepson is well-deserving of the Good member, cofounder and director of the Amer- Scout Award, and I commend him for his National Children's Island, a nonprofit organi- ican Bar Association's Standing Committee on many years of service. zation, as a year round recreational and edu- Law and National Security. cational park and playground free to the pub- f As a member of the Commission on Secu- lic. National Children's Island is a fully private THE ACCESS TO CHILDREN’S rity and Cooperation in Europe, known as the enterprise project in the District of Columbia. HEALTH CARE ACT OF 1995 AND Helsinki Commission, I, like Frank Barnett, The District estimates that the park will THE CHILDREN’S HEALTH EQ- have been outspoken in our opposition to mean not only recreational and educational fa- UITY ACT OF 1995 human rights violations throughout the world. cilities for residents and tourists, but also over Frank Barnett not only opposed tyranny 1,500 full- and part-time jobs, with at least 51 HON. BLANCHE LAMBERT LINCOLN throughout the world, but he was a strong ad- vocate in promoting freedom and democracy percent of such jobs going to District resi- OF ARKANSAS around the globe. dents. The park will bring revenue to the Dis- IN THE HOUSE OF REPRESENTATIVES Mr. R. Daniel McMichael, of the Scaife trict projected at $12 million. A share of the Friday, April 7, 1995 Foundation in Pittsburgh, who joined in help- park profits and revenues will be earmarked Mrs. LINCOLN. Mr. Speaker, I rise today to ing Frank Barnett create the Standing Commit- for educational grants, scholarships, and other introduce the Access to Children's Health tee on Law and National Security, provided a programs. The park also will have educational Care Act of 1995 and the Children's Health fitting tribute last year to Frank Barnett, which pavilions that will feature a number of the Equity Act of 1995. was printed in the January 1995 American Bar sciences, especially computers, medicine, and The first bill will allow children's hospitals to Association National Security Law Report. I the environment. qualify as federally qualified health centers am pleased to submit for my colleagues the April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 865 story of Frank Barnett's struggle against tyr- part. But they didn’t have the hang of ENSURE TAX FAIRNESS, HELP anny and repression around the world, as well things, and more harm was being done than SMALL BUSINESS AND REDUCE as his efforts in creating the Standing Commit- good. Polarization was occurring when con- THE DEFICIT sensus should have been taking place be- tee on Law and National Security. I urge my tween Democrats, Republicans, liberals and colleagues to read this fitting tribute. conservatives about the realities of tyranny [From the American Bar Association and oppression and how the United States HON. BOB FILNER National Security Law Report, January 1995] should handle itself globally with its vital OF CALIFORNIA DAN MCMICHAEL SALUTES FRANK BARNETT AT interests. CONFERENCE DINNER Nobody understood this dilemma better IN THE HOUSE OF REPRESENTATIVES Simply put, Frank Rockwell Barnett hated than Frank. By now it is late 1956—and the tyranny. As unusually modest and low key two of us had met and had had long talks in Friday, April 7, 1995 as he was about himself and in his work with Chicago about these matters. By this time, other people, whenever the subject of brutal- Frank was well along in trying to find ways Mr. FILNER. Mr. Speaker, I am joined today ity came up, his voice would take a steely to build the kind of consensus the Nation by my colleague, Congresswoman HELEN edge and his eyes would grow cold with a needed if it was to upgrade the literacy of its CHENOWETH of Idaho, in introducing the Insur- controlled kind of fury. leaders—lay and professional alike—in un- ance Tax Fairness and Small Insurance Com- This was the dynamic that drove him derstanding more clearly the dynamics of pany Economic Growth Act that will amend geostrategic affairs in an increasingly more through most of his professional life, that the Internal Revenue Code of 1986 to close a gave him the tireless energy and unfaltering complex and dangerous world (a factor which will to help shape and build in this country still plagues us today in this post-Cold War glaring tax loophole. When passed, this bill will new institutions and new cadres of young era and for which this conference is particu- assure fiscal responsibility in our debt man- people who understood and were able to ar- larly well tailored). agement and help ensure tax fairness. ticulate the emerging role of the United By the early 1960s, Frank had established It is an honor to be joined by my colleague States in a troubled and turbulent world. an impressive, informed, ad hoc group of tal- in this bipartisan effort and I am certain that, ented leaders—of respectable diversity, espe- He did not come by this naturally. Such as more Members become familiar with this awareness of tyranny and all that it stands cially for those days—who shared the same for doesn’t come naturally to an of us (would concerns as did he. Among them; a patrician issue following the upcoming recess, we will that it did). We have to learn it either di- Richmond lawyer, name of Lewis F. Powell, have additional cosponsors. rectly or vicariously, and Frank learned it in Jr., an up-and-coming Northern Virginia The 104th Congress has seen numerous a fairly direct manner. lawyer, name of John O. Marsh, a brusque proposals for tax cuts, budget cuts, rescis- Navy JAG, name of William Mott, and an in- As an Elizabethan scholar and teacher- sions, and deficit reduction. Everyone has his turned-machine-gunner for the 69th Infantry describably gifted Chicago lawyer, name of Division that swept through Europe in 1945, Morris I. Leibman. or her own idea about what should be spared Frank saw the dying embers—the legacy, if There were, of course, quite a few others. and what should be eliminatedÐand at whose you will—of fascism, a pretty good lesson in But for tonight’s purpose, I’ll just stick with expense. And despite our efforts at deficit re- itself as regards tyranny. But when his unit these extraordinary individuals, because duction, the national debt continues to threat- became the first to link up with the Red they are the genesis of this Standing Com- en our economic stability. mittee. Army at the Elbe River—where Frank served Today, we present a proposal to reduce the as the interpreter between the forces and be- It was Justice-to-be Powell’s idea, you see, came involved in subsequent logistical mat- in answer to the critical question all of us deficit, help pay for these budget-cutting pro- ters—an even more stark lesson in tyranny had raised. How can we begin to institu- posals and, at the same time, help small busi- emerged. tionalize the increasing of geopolitical lit- ness. Our proposal requests no new funding, To quote The London Daily Telegraph of eracy in the United States in ways that are attacks no one's programs, does not increase August 23 of last year [1993]: credible and have high leverage? the Federal deficit and raises no new taxes. The law. ‘‘There [at the Elba River, Barnett] wit- This legislation is designed to do away with nessed the negotiations over the repatriation An understanding of the rule of law has to of Red Army POWs captured by the Nazis, be the cornerstone if we are trying to frame section 809 of the Tax Code that both the and was shocked to see weeping Russians geopolitical issues that delineate tyranny U.S. Treasury and the General Accounting Of- hug the ground and beg to remain with the and political freedom. fice [GAO] have termed as flawed and un- Americans. Barnett’s worse fears were con- So—supplied by Frank Barnett’s concep- workable, and contrary to what Congress in- firmed when the repatriated men were imme- tual guidance—Lewis Powell, with Morry at tended. his side, took the matter to the ABA’s House diately placed before a firing squad. The ex- Our bill would close a $2 billion dollar loop- perience marked him for life.’’ of Delegates in 1963, as I remember. And Indeed it did. Shakespeare became a after a bit of spilled blood, what is now holeÐthat is $2 billion per year. Currently, a hobby—beloved, but hobby all the same. Fol- known as the ABA Standing Committee on few giant mutual life insurance companies lowing the war there was, first, serving on Law and National Security was founded, benefit from this loophole and do not pay their the staff of General Lucius Clay in the Mili- with Frank as its first director. Frank subse- fair share of taxes. Closing this loophole would tary Government of Berlin, and then off to quently founded the National Strategy Infor- only require that these companies pay their Oxford as a Rhodes Scholar to read philoso- mation Center, but he remained active with full share of taxes. All that is required is a phy, politics, geopolitics and economics. the Standing Committee until his death last Then back to Wabash College for a brief year. technical correction to existing tax laws affect- time—and with the specter of weeping Rus- Those of you who follow the Committee’s ing life insurance companies. At the same sian soldiers still hovering over him, Frank activities are well aware of this continuing time, the Nation's small insurance companies Barnett joined forces with former OSS Direc- impact of its work across the land, from high would be helped by our efforts and would re- tor ‘‘Wild Bill’’ Donovan and William J. school classrooms and college campuses to ceive significant tax relief. Casey in a committee to assist anti-com- boardrooms and the halls of government— Under the terms of section 809 of the Fed- munist Russian escapees from Berlin and Vi- and on distant battlefields. The Committee’s eral Tax Code, the few giant mutual life insur- enna. leadership and composition have been con- It was also then that Mr. Smith Richard- sistently high in integrity and sense of mis- ance companies are able to increase or de- son, Sr., found Frank and asked him to di- sion, with people like John Norton, Moore, crease taxes on their business activities by rect the programs of the then Richardson John Shenefield. Bob Turner and really all manipulating the sale of assets. That legisla- Foundation, which enabled Frank to begin members of the Committee. tion would repeal section 809 of the Tax Code the process of institutionalizing means to Frank Barnett was a man of extraordinary and place a cap on the amount of dividends help raise the literacy rate of lay, political courage and vision, so that he was naturally that are tax deductible. This action would help and intellectual leaders of the nation to un- attracted to others of courage and vision and derstand better not only the issues of the they to him—which is what has given this achieve the revenue which Congress and the Cold War, but to become more familiar with Committee a life and vitality seldom seen treasury intended for the mutual life insurance the imperatives for strong, consistent and elsewhere in volunteer activities. industry. rational leadership that had fallen upon the And courage and vision are here tonight, This $2 billion annual windfall dates back to United States in the aftermath of World War not just a reference in paying tribute to 1984 when Congress attempted to correct the II. Frank Barnett, but in the very people you taxation of mutual life insurance companies. This was not an easy task, I can tell you, have selected and the issues they are ad- That corrective action was intended to provide during the 1950’s especially—given the dressing. You have a tough, no fooling pro- McCarthy hearings and other too-shrill gram. You have courageous and highly tal- income to the U.S. Treasury based on equity voices that overreached in their zeal to ‘‘pro- ented people to lay it out. among life insurance companiesÐboth stock tect America.’’ Not that they weren’t—most It is the kind of fare that Frank Barnett and mutual. After a short-term increase in of them—sincere. They were for the most would have relished! taxes received, the revenue actually began E 866 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 decreasing. Four years later, the Treasury and By simply altering the way they accounted tual life insurers to drive their tax on oper- the General Accounting Office [GAO] admitted for their assets, the mutual firms discovered ating income to zero by claiming enough in- something was wrong. The intended revenues they could pay much less in taxes than the come from capital gains to offset the operat- reform intended. Some mutuals, moreover, ing income. Any other corporation or indi- were not being generated. have been able to avoid paying any federal vidual tax payer, however, would have to pay In fact, certain large mutual insurance com- taxes on their earnings. federal income taxes on both sources of in- panies have been paying no tax on earnings Not long after arriving in Washington in come. This result was not anticipated by from business activity since approximately 1993, Rep. Bob Filner, D-San Diego, intro- Congress in 1984, as mutual life insurance 1986. Obviously, this was contrary to congres- duced a bill to remedy the situation. His historically recognized very little capital sional intent. Congress asked the insurance measure was intended to close the tax loop- gains income before 1984. industry 5 years ago to come up with a solu- hole that enables mutual companies to avoid This unique provision allows large mutual coughing up what Congress intended them to tion to the shortfall. Our request is still valid, life insurance companies to escape an esti- pay. mated $2 billion in income taxes on cor- Mr. Speaker, and we can no longer wait for a As a former history professor, Filner porate earnings annually, a unique form of response. should have known from the beginning what corporate entitlement and a gross example of We must get to the bottom of this matter by he was up against. Even so, he was shocked corporate welfarism. having a congressional hearing that lays all of at the ease with which his bill was The American public will be outraged if the facts on the table and presents all sides of stonewalled in committee and ultimately they learn of this loophole before Congress the issue. This legislation will lead to full dis- buried by the politically powerful insurance has the courage to stand up and close it. This lobby. is particularly understandable since Con- closure of all relevant materialÐand settle In 1989, the mutual insurance lobby what the U.S. Treasury and other tax experts gress is cutting the benefits and programs of blocked House Ways and Means Committee millions of ordinary American citizens. Clos- agree is the fundamental fairness involved. Chairman Dan Rostenkowski from trying to ing this loophole—this gross example of cor- There has been considerable interest in our close the same loophole. Instead, the indus- porate welfare—would mean $10 billion dol- legislation, including national columns support- try assured lawmakers that it would come lars toward deficit reduction over the next ing the goals of the bill. There is bipartisan up with a tax proposal to solve the problem. five years. Nearly six years have passed, and still support across the political spectrum. The na- f tional Coalition to Close the Loophole and Put there is no plan from the industry. Nor is one likely soon, because the mutuals are content Our Kids First brings 173 grass-roots groups with the status quo. HELSINKI COMMISSION HEARINGS to this effort. Not so for Filner. He intends to reintro- MARK THIRD YEAR OF WAR IN Mr. Speaker, the state of the current budget duce his measure, and with bipartisan sup- BOSNIA deficit threatens our Nation's fiscal security port this time. and requires immediate and decisive action. Problem is, there is little enthusiasm on Of all the difficult choices Congress faces, Capitol Hill these days for any tax increase. HON. CHRISTOPHER H. SMITH none are more agonizing than those involving What’s more, the Republican majority in the OF NEW JERSEY House is preoccupied with passing the ‘‘Con- IN THE HOUSE OF REPRESENTATIVES taxpayer dollars. The loss of $2 billion in an- tract With America.’’ And many lawmakers nual revenue makes the choices between mili- on both sides of the aisle are loath to take Friday, April 7, 1995 tary spending, middle class tax cuts, welfare on the insurance lobby. reform, veterans' programs, and social serv- But the insurance industry’s evasion of the Mr. SMITH of New Jersey. Mr. Speaker, this ices even more difficult than need be. Our leg- clear intent of Congress should not go un- week marked the third anniversary of the war islation is about the ability of this Nation to tax challenged. Filner’s reform would recoup in Bosnia-Herzegovina. At this time, in 1992, all citizens equally, and making sure that Fed- nearly $2 billion in taxes that the mutual Serb militants in the hills surrounding Sarajevo companies avoid paying each year. began their shelling of the people of the cos- eral dollars are spent on programs that are Republicans have taken a great deal of flak truly in the national interest. mopolitan and culturally rich Bosnian capital. for their efforts to pare runaway welfare ben- On the one hand, it seems like this warÐ Closing the section 809 loophole makes a efits. Here’s an opportunity for them to go lot of senseÐand it would be a courageous after one of the many abuses in ‘‘corporate with the constant, almost daily reports of the decision. It would show the Nation that Con- welfare’’ that also are a drain on the federal senseless slaughter of innocent peopleÐhas gress has its priorities back in order. treasury. been going on forever. On the other hand, I urge the bill's careful consideration through when the war began, no one would have WHAT IS SECTION 809 AND WHY IT IS AN ISSUE? the congressional process. imagined that it would get as bad as it subse- Section 809 is a provision of the Federal quently did, or that we would allow it to con- I ask that an information sheet entitled Tax Code authorized by Congress in 1984 to ``What is Section 809 and Why Is It an Issue?'' tinue that way for so long. limit the deduction of dividends paid by mu- This week, the Helsinki Commission, of and a recent editorial from the San Diego tual life insurance companies. Union-Tribune be included in the RECORD. While both mutual and stock companies which I am chairman, held two hearings to sell identical products (life insurance), mu- note Bosnia's 3-year agony. At the first hear- [From the San Diego (CA) Union-Tribune, ing, we heard witnesses explain that this may Mar. 26, 1995] tual companies are owned by their policy- holders and stock companies are owned by not even be classified as a war. Yes, there are CORPORATE WELFARE—MUTUAL INSURANCE their shareholders. Congress recognized a opposing sides, but, instead of direct, military AVOIDS FEDERAL TAXES separate provision of tax code was needed to engagements, most of the violence can be Historian Richard Hofstadter pointed account for this difference in ownership that characterized as a heavily armed group of out in his Pulitzer Prize-winning book distinguishes these two corporate structures. Congress intended that Section 809 would Serb thugs committing genocide against those ‘‘The Age of Reform’’ that special in- in Bosnia, and particularly the Moslem popu- terests are especially adept at evading make the tax treatment of mutual life insur- ance companies equal to that of stock life in- lation. the spirit and intent of government re- surance companies. Yes, Mr. Speaker, genocide. Our hearing on forms directed at them. Mutual life insurance companies are Tuesday focused on the extent to which ethnic That certainly seems to be the case among the largest financial services corpora- cleansing, the destruction of cultural sites, and with the mutual insurance industry, tions in the United States. Like the rest of associated war crimes and crimes against hu- which has managed for the last 11 corporate America, shareholder owned life manity constitute genocide in Bosnia and years to evade paying its fair share of insurance companies pay dividends to their owners after federal income tax. Section 809 other parts of former Yugoslavia. Our wit- federal taxes. nesses included Cherif Bassiouni, a law pro- In 1984, Congress rewrote the tax was enacted to treat part of the dividends that mutual life insurers pay to their owners fessor at DePaul University who chaired the code to ensure that mutual insurance in the same way. U.N. War Crimes Commission, who discussed companies were taxed at the same level Insurance companies gather income from the ethnic cleansing that has taken place in as stock insurance firms. Both compa- two sources. One is income from current op- the former Yugoslavia, and Bosnia- nies sell the same type of policies. The erations (wages and salary) and the other is Herzegovina in particular. Andras Riedlmayer, difference between them is that mutuals are from capital gains, or the appreciation in a bibliographer at Harvard University, followed owned by policyholders, while stock compa- value of property held by the taxpayer that nies are owned by stockholders. occurs from general economic conditions. with a fascinating slide presentation of how But a funny thing happened on the way to Since 1984, large mutual life insurance the reminders of Bosnian Moslem cultureÐ implementing this equitable change in the companies have been able to manipulate mosques, libraries, and historic sitesÐhave tax code: The mutuals figured out a way their treatment of capital gains income in an been targeted for destruction in an attempt to around the revision. unintended way. Section 809 allows large mu- deny the earlier existence of those who were April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 867 ethnically cleansed. Roy Gutman of Newsday This does not translate into the popular no- NATO assistance to U.N. efforts are of utmost and author David Reiff presented us with first- tion that the Serbs are an evil people. Indeed, importance, but efforts of other organizations hand accounts of what happened in Bosnia in previous decades, others were infected by merit attention as well. beginning in 1992. the same evil intentions, and innocent Serbs Assistant Secretary of State Richard We learned at the hearing that the atrocities were at times the victims. Similarly, deeds of Holbrooke appeared before the Commission to appear to follow such a similar pattern, from Serbian political and military leaders, as car- present the current views of the Clinton ad- region to region, that one simply has to con- ried out by their militant minions, do not make ministration on these missions and the realistic clude that they were carried out systemati- Serbs collectively guilty. I made this point at prospects for a just peace. I told the Ambas- cally. These crimes, as they were being com- the hearing for two reasons. First, should we sador that one thing the Helsinki Commission mitted, were at least known to, and perhaps engage in the now popular Serb-bashing, we has learned at its 16 hearings on the former ordered by, the Bosnian Serbs and maybe ignore the vulnerability of all peoples in this Yugoslavia, since the conflict began there in even Serbia's political and military leadership. world to fall into the trap of racist ideology that 1991, is that the conflict could have been A prime exampleÐthe eastern Bosnian has ensnared so many Serbs today. Second, stopped. Witness after witness, with experi- town of Foca, with its slight Moslem majority, Serbs in the former Yugoslavia and around ence on the ground, has told the Helsinki was seized by Serb paramilitaries early in the the world, including in the United States, can Commission that credible military threats con- conflict under the direction of three of Bosnian do no more to defend their national heritage tinually caused the Serb militants to back off Serb leader Radovan Karadzic's close associ- than to face squarely what their militant breth- and be more cooperative. Had they faced ated, Velibor Ostojic, Vojislav Maksimovic, and ren have done, to condemn them for actions international resolve, during the Bush or the Petar Cancar. The sports hall, located right which cannot be justified by history or any- early Clinton administration, we would not next to the police station, was a rape camp for thing else, and to seek a reconciliation be- have needed these hearings this week. Op- about 2 months soon thereafter. About 50 tween Serbs and their neighbors in the former portunities were lost, one after another, as our women were subjected to multiple and gang Yugoslavia. They should place the guilt ultimatums were revealed only as political rape night after night. An isolated incident, out squarely on the Serbian leadership, not share bluffs. of the view of Bosnian Serb authorities? Do the guilt with those leaders. The Commission does not say this only not count on it. Indeed, the hearing noted examples of after the fact, as the Monday morning quarter- There is, however, no real smoking gunÐ Serbs of conscience. Professor Bassiouni re- back. From the beginning, we called for strong like the files left by the Nazis documenting the layed a story of a Bosnian Serb commander action to get humanitarian aid convoys HolocaustÐwhat has happened. The Bosnian who, upon taking a new position, released through the lines, no matter what, to stop the Serb leadership, and their leaders in Belgrade, several women being held captive. As his men bombardment of large, vulnerable civilian cen- made sure there was what Professor approached the women, hoping to have their tersÐto stop the war. We always met opposi- Bassiouni called ``plausible deniability.'' But, last chance to rape them, the commander tion. And now, our Government and those of what has happened in Bosnia is genocide, stood in front of the door, with machine gun in Europe, seem to suggest that damage per- without a doubt. The systematic way the hand, and warned his own soldiers he would petrated against Bosnia has been so great Bosnian genocide has been carried out, and shoot any who dared touch these women that the reestablishment of a unified, the openness with which concentration and again. Roy Gutman quoted a recent article in multiethnic state is, at best, a dream. Even a rape camps have operated, leave no question Nasa Borba, a Belgrade-based Serbian oppo- 51/49 split, as proposed by the contact group, of its orchestrated nature. We also learned sition paper, calling the war a senseless and is out of reach. Military options are now riskier. that the genocide extended into Croatia. Each ``unoriginal product of the unbridled Serb view What concerns me is the fact that the same victim has a dramatic and tragic account to re- of things,'' and bemoaned that Serbs ``are ob- officials who now find it too late to act, had late, but the dry statisticsÐ200,000 killed, 800 viously still far away from realizing that they other excuses when it was not too late. One prison camps with at least 500,000 prisoners, have to take certain moral responsibility for can conclude that at least some of them sim- over 50,000 torture victims, 151 mass graves, evil deeds committed by their compatriots in ply never had the courage to act in the first and over 20,000 rape victimsÐwhere sobering this war.'' Andras Riedlmayer informed the place, or the foresight to see how American in themselves. Commission of a Serbian architect and former interests were affected by all of this. As a result of the hearing, the Helsinki Com- Belgrade mayor who condemned the destruc- To be clear, Mr. Speaker, I do not oppose mission will help ensure that all evidence of tion of beautiful cities like Osijek, Vukovar, and finding solutions to problems at a negotiating war crimes and crimes against humanity held Dubrovnik simply because that they were not table, but the parties involved should be given by the United States Government are made Serbian. no choice but to find solutions at the table, available to the International Criminal Tribunal Mr. Speaker, this hearing on genocide was and not from the hills surrounding defenseless for the former Yugoslavia, based in The of critical importance. We on the outside have Bosnian towns and cities. No parameters for Hague. We will also seek to increase U.S. fi- become fatigued by the daily developments acceptable behavior were established and nancial support for the tribunal and the pros- there, and the endless discussion of policy op- upheld, and negotiations continue to be a dis- ecutor's office, so that justice is not forfeited tions. It is perhaps human nature that explains mal failure. due to a lack of resources. why, in the end, we look at Bosnia in terms of And what frustrates me most is that govern- Genocide is directed toward people in a col- percentage of territory lost and casualty fig- ments, and European governments in particu- lective sense, but the gruesome acts are com- ures. Similarly, our desire is to bring those lar, are unwilling to acknowledge their incred- mitted against individuals, moms, dads, sons, fighting togetherÐat the negotiating tableÐto ible error, and to change course. and daughters, friends and colleagues. I have work out a mutually acceptable compromise. It was with some regret that I had to ex- tried to imagine daily life for Bosnians, being In the meantime, we work to get a humani- press these views before Ambassador forced out of their homes, being publicly and tarian aid convoy to this town or that town, or Holbrooke, who, since becoming Assistant repeatedly raped, being tortured in a camp, to deploy U.N. peacekeepers here or there, Secretary last August, has shown a personal facing execution in the next second, orÐper- with this or that mandate. interest in getting something done in the Bal- haps worst of allÐwatching these things hap- As admirable as these efforts may be, they kans. I highlighted, in particular, the serious- pen to loved ones. It is hard for us to imagine miss the central fact that what we are con- ness with which he has pursued the develop- what has been the reality for the people of fronting here is something inherently evil, a ment of the Bosnian Federation, which per- Bosnia and Herzegovina for these last 3 racist force so irrational that it cannot be satis- haps, along with the Sarajevo ultimatum of years. One year before that, people in Croatia fied by a positive gesture. Genocide must be February 1994, is the most innovative and faced the same thing. condemned, confronted and stopped, not tol- positive effort undertaken by the Clinton ad- There is also the question of who is guilty erated and appeased. Until then, we will con- ministration in Bosnia. While I question the vi- of these crimes, and who is innocent. A re- tinue to see more fighting, more death, and ability of the federation absent a real response cently released CIA report confirmed that Serb more destruction in the Balkans. to Serb aggression, I see no choice but to militants have been responsible for nearly 90 That brings me to the second hearing, move forward with the federation as best we percent of the atrocities committed during which focused on policy questions regarding can. Yugoslavia's violent breakup. There crimes the former Yugoslavia, and specifically issues Ambassador Holbrooke reported that inter- also were most likely to have been orches- surrounding the international presence there. national efforts leading to a new peacekeeping trated, in order to carry out a policy directed U.N. peacekeeping efforts in Bosnia and mandate in Croatia ``have helped prevent, at from above. Herzegovina, Croatia, and Macedonia, and least for the moment, the wider war we all E 868 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 feared.'' He expressed disappointment, how- For example, the SEC report recommended the constant development of new and often ever, that diplomacy has been unable to pre- amending the act to expand exemptions for complex instruments for investment and hedg- vent the likely resumption of the tragic conflict private investment companies, pools of money ing, it is unrealistic to believe that every fund in Bosnia. ``I bring you no optimism on from sophisticated investors, from its registra- manager can be knowledgeable in every prod- Bosnia.'' Following Holbrooke, two expert wit- tion requirements. This legislation will do that, uct offered in every market. Fund managers nessesÐJohn Lampe of the Woodrow Wilson but in a way that will insure that only pools of should have available to them the opportunity Center for International Scholars, and Steve the most sophisticated investors, people who to commit moneys to investments which are Walker of the Action Council for Peace in the are not in need of the protection of registration managed by individuals with particular exper- BalkansÐpresented views on various policy under the act, are exempted. Regulation im- tise in certain instruments or markets. Mutual options. While they disagreed on what to do, poses costs, and sophisticated investors not in funds allow this to be done in a manner which they both expressed dismay that a full and fair need of or desiring the protection of the act provides for the diversification of risk. The de- settlement remains so elusive. should be free to voluntarily accept greater cision of whether a mutual fund is a worth- f risk return for the opportunity of greater re- while investment should be left to the investor, ward. Exemptions from registration and regu- whether individual or professional, and not be INTRODUCTION OF THE INVEST- lation, however, will not be made available for artificially restrained by statutory provisions the MENT COMPANY ACT AMEND- those products that will be sold, perhaps, to reasons for which may no longer be valid. MENTS OF 1995 less sophisticated investors. There is no inten- The legislation introduced today is a work in tion in this legislation to allow a generation of progress, intended to stimulate discussion of HON. JACK FIELDS unregistered investment companies to be of- these proposals for modernization. Our sub- fered to the general public. committee will actively seek input from inves- OF TEXAS This bill also proposes to implement the tors, regulators, and the financial service in- IN THE HOUSE OF REPRESENTATIVES SEC recommendations for improving and dustry for additional reforms as this bill moves Friday, April 7, 1995 modernizing mutual fund governance. This will through the legislative process. Inevitably include requiring a majority of the boards of di- there will be refinements of the specific pro- Mr. FIELDS of Texas. Mr. Speaker, today I rectors of mutual funds to be composed of introduce legislation amending the Investment posals of the bill as introduced. independent directors, and increasing the au- I encourage my colleagues, on behalf of Company Act of 1940. Entitled the Investment thority and responsibility of independent direc- Company Act Amendments of 1995, this legis- their constituents, Government regulators, and tors in running the fund. the affected industries to offer their sugges- lation will promote more efficient management The legislation will also make mutual fund of mutual funds. It will result in reduction of tions for improving the efficiency of the mutual regulation more efficient by eliminating re- fund market by removing unnecessary regu- operating costs that will save investors money, quirements that are expensive to comply with and allow a greater percentage of the assets latory burdens. Efficient markets create addi- and which do not increase investor protection. tional opportunities for investors to earn re- of the fund to work on their behalf. This legis- This includes eliminating the requirements of lation will also provide for more effective and turns on their savings. This is how the Amer- the existing law for shareholder ratification of ican people, a nation of investors, provide for less burdensome regulation of mutual funds certain routine corporate actions, including ap- by the Securities and Exchange Commission, their general welfare, the education and needs proval of the selection of auditors. of their children, and the security of their re- and it will increase and improve investor pro- Provisions of this legislation will stimulate a tection. tirements. The legislation I introduce today will reexamination of the rules governing invest- help them accomplish their goals. Enacted in 1940 and amended in 1970, the ment company advertising. As introduced, it Investment Company Act built the foundation will break existing regulatory restraints on pro- f for a system that regulators and regulated en- motion and sales literature of investment com- tities alike agree has protected investors. For CONGRATULATIONS SHELBYVILLE panies. Current law requires the contents of HIGH SCHOOL RAMS the most part it has not interfered with the de- fund advertising to be keyed exclusively to in- velopment of new products and the creation of formation which is either specifically or ``the investment opportunities. There is a need, substance of which'' is in the prospectus. This HON. GLENN POSHARD however, to reexamine the operation of the requirement is so inflexible it stifles the devel- OF ILLINOIS act, as our financial markets have expanded in opment of effective investor communications IN THE HOUSE OF REPRESENTATIVES size, complexity, and investment opportunities. by those who market mutual funds. Although Friday, April 7, 1995 The goal of this legislation is to revise the advertising puffery will never be tolerated in provisions of the law that no longer reflect the the sale of these important investments, and Mr. POSHARD. Mr. Speaker, I rise today to demands of modern markets. We must be the antifraud provisions of the Act will remain congratulate the Shelbyville High School vigilant in our efforts to relieve mutual funds of in force and unchanged to govern statements Rams on their ``Elite Eight'' season. Shelby- the remaining unnecessary and duplicative made in connection with the sale of these in- ville has historically been the place to be in regulatory burdens that remain in the current vestments, a new era of generally improved central Illinois during basketball season. This law. The operating costs of mutual funds rep- communications to mutual fund investors will year was no different, and when the Rams resent the expenditure of moneys that reduce begin with the enactment of this legisation. made it to Champaign for the big dance no the pool of assets owned by the shareholders, Finally, in 1970 Congress adopted restric- one was surprised. and a reduction in the capital that is at work tions on the investment in mutual funds by Led by freshman Head Coach Sean Taylor, earning a return for them. Government im- other funds. This arose from concerns about and his assistant coaches, Bob Herdes and posed regulations that do not increase inves- the possibility of investors paying duplicative Jarret Brown, the Rams were able to compile tor protection fail the cost/benefit analysis to expenses and layers of fees. Restrictions on a new all-time season high record of 28 and which all regulations should be subjected. ``fund of fund'' investments may not be nec- 4, win their first regional title in 6 years, and They mandate the waste of potentially produc- essary in the modern markets of the 21st cen- only their second sectional and super-sec- tive resources. They represent, in effect, an tury which include negotiated commissions, tional titles in the school's history. undesirable tax on capital, the most pernicious technological oversight of the markets, in- You might think that this is the season of a form of tax. Unnecessary regulations do noth- creased competition, and improved Govern- veteran basketball team, but each of the ing except reduce the wealth of American citi- ment regulation of mutual funds. Rams' starting five were underclassman. The zens. Reexamination of fund of funds restrictions future of Shelbyville basketball looks brighter To this end, the Securities and Exchange is necessary because professional money than ever and I commend this fine group of Commission conducted its own review of the management should be available to all inves- young people on their accomplishments. operation of the Investment Company Act. On tors, including those who themselves invest on The roster of Shelbyville cagers is one of the occasion of the 50th anniversary of the behalf of mutual fund investors; that is, profes- the best to ever hit the hardwood and in- adoption of the statute, the SEC produced a sional money managers. Fund managers may cludes: Kevin Herdes, Roger Jones, Rich comprehensive and valuable report. Entitled wish to benefit, on behalf of the investors in Beyers, Mike Steers, Todd Wilderman, Joshua ``Protecting Investors: A Half Century of In- their mutual fund, from the expertise of other Forsythe, Alex Miller, James Brix, Tim Hardy, vestment Company Regulation,'' the legislation professionals in investments with which they Harlan Kennell, Aaron Rohdemann, Ryan introduced today is based, in part, on a num- themselves may not be familiar. With the Shambo, Ben Short, Aaron Clark, Derk Wil- ber of its recommendations. opening of new markets around the world, and liams, Jefrey White, Dirk Herdes, and Tom April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 869 Hammond. They should all be proud of their 1993 and I was successful in helping to in- and outdated regulatory burden from well-run role in the Rams' success. crease the income threshold for this unfortu- financial services companies that provide I am honored to represent these excellent nate tax. Nevertheless, I felt then, and I feel much needed credit to American consumers. ballplayers in Congress, and I look forward to now, that many seniors with modest incomes My colleague, Mr. LAFALCE of New York and seeing the Rams take to the court for another are hit by this tax increase. I are sponsoring this legislation to lift the 7- season next fall. It is my hope that the Senate will moderate percent growth cap on the annual asset f this tax giveaway to the very wealthy and growth of limited-purpose banks. We are keep the repeal of the Social Security tax in- pleased to have Representatives BILL MCCOL- THE KANOTIN CLUB crease so that I may vote for the Conference LUM, RICHARD BAKER, BARNEY FRANK, PETER agreement. It is a shame that the Republicans KING, ED ROYCE, CAROLYN MALONEY, DICK decided to put one good item in a bill that is HON. JAMES A. BARCIA CHRYSLER, and JON FOX join us as original co- nearly all bad. We should repeal the Social OF MICHIGAN sponsors of the Limited-Purpose Bank Growth Security tax increase, but not use it to black- IN THE HOUSE OF REPRESENTATIVES Cap Relief Act. mail Members to vote for a bad bill. Friday, April 7, 1995 Limited-purpose banks are specialized lend- f Mr. BARCIA. Mr. Speaker, one of the great- ersÐmost of these banks are credit card lend- est abilities demonstrated by people is their THE CONSUMER FRAUD ers operating on a national basis. They make ability to come together on behalf of a com- PREVENTION ACT OF 1995 consumer credit more available to all Ameri- mon purpose. This joining takes place in many cans. The growth cap on these banks was im- ways, but one of the most important to our so- HON. FREDERICK K. (FRED) HEINEMAN posed under the 1987 Competitive Equality ciety is through the formation of a club. OF NORTH CAROLINA Banking Act [CEBA]. At the time of CEBA's One of the oldest clubs within my congres- IN THE HOUSE OF REPRESENTATIVES enactment, it was argued that because limited- sional district is the Kanotin Club, dating back Friday, April 7, 1995 purpose banks could be affiliated with firms to the late 1800's. This club is located is Iosco whose businesses were not permissible for Mr. HEINEMAN. Mr. Speaker, I am proud to County, and is named for the Indian chief who bank holding companies (securities, insurance introduce my first bill today, the Consumer signed treaties with the United States convey- and commerical enterprises) they had a com- Fraud Prevention Act of 1995. ing land, including Iosco County, which was petitive advantage over full-service banks. The Last Friday, the North Carolina Attorney originally known as Kanotin County. General filed another telemarketing fraud suit cap was intended only to be temporary, and The purpose of this club is to provide a lo- against individuals who prey on senior citi- Congress would lift it when interstate banking cation and forum for political, economic, and zens. The victim, a 71-year-old woman. The and branching and expanded bank activities social leaders of northeastern Michigan to ex- costÐher life savings of $57,000. An elderly were approved. Interstate banking and branch- change ideas, wisdom and knowledge to fur- man in Raleigh recently lost $37,000. In Dur- ing became law in 1994, Federal regulators ther the economic and social development and ham, an elderly lady lost $212,000 in a scam have already greatly expanded approved bank well being of the area. This laudatory purpose directed at seniors. financial activities, and Congress is providing has succeeded in bringing together a diverse Unfortunately, these have not been isolated regulatory relief to commercial banks. Limited- group of skilled and insightful community lead- incidents. Telemarketing scams are defrauding purpose banks are not a competitive threat to ers who have keenly devoted themselves to senior citizens and those who are especially commercial banks. The growth cap has be- the purpose of improving their community. vulnerable, like the mentally retarded, all come an unprecedented restriction on a While many organizations like to identify a across the United States. Another appalling healthy, well-regulated industry and it no long list of specific achievements, the Kanotin story is that of the 79-year-old blind woman longer serves any useful purpose. The cap is Club is truly interested in listing only one: from Minnesota who lost her life savings in a actually forcing these banks to turn away cus- Members working together to make the quality sweepstake scam. She responded to a solici- tomers. of life in their community better and better. tation which invited her to enter a contest for Will lifting the growth cap give these banks They do not seek recognition for any specific large cash prizes. Along with a small entry fee an unfair edge over their competitors? No, the project, preferring the satisfaction of knowing she was required to answer a simple question. CEBA banks are still subject to many other re- that what they did was right to the fleeting mo- To advance in the contest she had to answer strictions not applicable to commercial banks. ment of notoriety in the Sun. This combination more questions and pay additional fees. In all, For example, they cannot accept checking and of humility and service is to be praised. she lost $25,000. demand deposits or engage in commercial In this day of finding ways of forging new These fraudulent activities are not per- lending; they can only accept savings or cer- partnerships, of getting government officials, formed by legitimate companies, but by those tificates of deposit of $100,000 or more; and, local businessmen, and other community lead- who prey on the vulnerability of certain they cannot cross market financial services ers to work together. I strongly believe that we groups. That is why I am introducing this legis- with their affiliates. We are not proposing to lift need look no further than the Kanotin Club for lation. a model of what will guarantee strong and those restrictions, but simply to lift the growth The Consumer Fraud Prevention Act directs cap for the 23 existing CEBA banks. The origi- hopeful future for every community throughout the U.S. Sentencing Commission to increase our great Nation. Mr. Speaker, I urge all of our nal fear was that a proliferation of limited-pur- penalties for those who purposefully defraud pose banks would be a competitive threat to colleagues to join me in saluting the quiet effi- the vulnerable in our society and those who cacy of the Kanotin Club through those many full service banks. This was addressed in utilize international borders to evade prosecu- CEBA by prohibiting the creation of new lim- years. tion. The legislation also requires mandatory f ited-purpose banks. Allowing the assets of the victim restitution first, then asset forfeiture. surviving CEBA banks to grow by more than SOCIAL SECURITY 1993 TAX Once the victim is repaid, the property seized 7-percent annually will not result in the cre- from the defendant will be used to fund the INCREASE ation of new banks, change the limitations to national hotline to combat fraud. which the grandfathered banks are subject, or As a senior citizen myself, I am proud to otherwise threaten full service banks. HON. CHARLES E. SCHUMER offer this bipartisan legislation today on behalf This legislation will simply allow limited-pur- OF NEW YORK of our Nation's senior citizens. IN THE HOUSE OF REPRESENTATIVES pose banks to grow in response to their cus- f tomers' needs. It will not undermine the safety Friday, April 7, 1995 THE LIMITED-PURPOSE BANK or soundness of any institution or pose an un- Mr. SCHUMER. Mr. Speaker, I rise in oppo- GROWTH CAP RELIEF ACT fair competitive threat to any other financial in- sition to the Republican tax cut bill. It will bust stitution. If you believe in regulatory relief and the budget and give most of the benefits to HON. MICHAEL N. CASTLE allowing well-run companies to fully serve their the very wealthy and to corporations that have OF DELAWARE customers, we hope our colleagues will join us historically tried to avoid paying taxes. IN THE HOUSE OF REPRESENTATIVES in supporting this legislation to lift the 7-per- One part of the bill that I strongly support is Friday, April 7, 1995 cent asset growth cap form all limited-purpose the repeal of the Social Security tax increase banks. from the 1993 deficit reduction bill. As you Mr. CASTLE. Mr. Speaker, today I am intro- may recall, I fought against this increase in ducing legislation to lift an arbitrary, necessary E 870 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 CELEBRATING NATIONAL MEDICAL the matter I cited above was Stephen Moore, When Susan Nussbaum collapsed from de- LABORATORY WEEK director of fiscal policy studies at the Cato In- hydration on February 23, young Zach went to stitute. A strong voice for conservative thinking the phone and dialed 911, summoning an am- HON. JULIAN C. DIXON in America. bulance to his home. Zach remained on the OF CALIFORNIA We have heard the distinguished chair of line for 15 minutes and helped to direct the IN THE HOUSE OF REPRESENTATIVES our Budget Committee, my colleague from emergency crew to his house. Friday, April 7, 1995 Ohio, JOHN KASICH, use the phrase on several All of this happened on Zach's fifth birthday, occasions. And the Senator from Texas, PHIL which points out the importance of teaching Mr. DIXON. Mr. Speaker, I rise to recognize GRAMM, has also been cited for his concern our kids at an early age about 911 and how National Medical Laboratory Week, April 16± with huge losses suffered by the Federal to get help in an emergency. I'm pleased to 22. This year's theme is ``The Lab Profes- Treasury. report that Susan Nussbaum has fully recov- sional: A Key Member of Your Health Care In fact, the Cato Institute states, according ered and that Zach has returned to his normal Team.'' I want to specifically extend my per- to Mr. Moore, that ``Congress finances more routine. sonal thanks to the key members of the health than 125 programs that subsidize private busi- Mr. Speaker, I know my colleagues join me care team at Washington Medical Center Clini- nesses at a net cost of $85 billion a year.'' in saluting the courage and heroism of Zach cal Laboratory in Culver City in my congres- I have no reason to doubt these figures, Mr. Nussbauum. sional district for their pursuit of excellence in Speaker, even as I am shocked by simply [From the Sun, Mar. 9, 1995] providing vital health services. stating the facts. We must get to the bottom Medical laboratory personnel constitute the 5-YEAR-OLD SAVES MOM’S LIFE—FAIRBANKS of this issue, and it would be another great RANCH BOY KNEW HOW TO DIAL 911 largest segment of the allied health field. legacy of the 104th Congress if we could look (By John P. Lyons) There are more than 265,000 laboratory per- at corporate welfare in the light of day, and As Zach Nussbaum cuddles his two favorite sonnel, including pathologist, medical tech- rectify the mistakes of the past. nologists, specialists, and phlebotomists, at stuffed animals, Sonic and Tails, it’s hard to Our legislation, which will also be cospon- believe that not too long ago he saved his work in almost 40,000 hospital and independ- sored by others who will join us after the re- mother’s life. ent laboratories in the United States. These cess, is perfectly timed for the huge problems But that’s exactly what he did. highly trained and dedicated health profes- we face as a nation. How we use our re- On Feb. 23, Zach’s fifth birthday, his moth- sionals make an invaluable contribution to sources, both material and spiritual, remain er succumbed to dehydration and collapsed quality health care and save countless lives the most important questions of our time. on the floor of the family’s Fairbanks Ranch each day by providing reliable laboratory test I face these issues each day in both the Ag- home. Unfazed, Zach went to the phone and results required for the prevention, detection, riculture and Resources Committees I serve diagnosis, and treatment of disease. dialed 911, ultimately remaining on the on. In terms of fiscal matters, I am often con- phone for more than 15 minutes, and leading We often overlook these health profes- fronted with the issue of how are we going to medical workers to his unconscious mother. sionals who are rarely seen by patients but pay for such and such a program, and still re- ‘‘It was his birthday present to his moth- who make invaluable contributions to the high main true to our principles of fiscal responsibil- er,’’ said Susan Nussbaum, who has since re- standards of health care enjoyed in the United ity. covered. States. I urge my colleagues to join me in ex- Our legislation will restore approximately $2 But Zach, who said he learned how to dial tending my thanks to medical laboratory per- billion annually to the Federal coffers for use 911 practicing on his mother’s car phone, was characteristically nonchalant about the en- sonnel for their commitment to providing qual- as Congress designates. It will mean that a ity health services to the Nation, and my best tire incident. few of the giant mutual insurance companies ‘‘We practiced 911 in the car and didn’t wishes for a successful National Laboratory begin to pay taxes that Congress intended press the send button,’’ he said. ‘‘I take care Week. them to pay in the first place through section of my mom.’’ f 809 of the U.S. Tax Code. According to his mother Zach was calm It is not intended in any way to divide the in- throughout the incident, and showed no INSURANCE TAX FAIRNESS AND surance industry; the overwhelming number of signs of trauma later. SMALL INSURANCE COMPANY insurance companies are exempt from this But the authorities were impressed. ECONOMIC GROWTH ACT OF 1995 Most children Zach’s age are not as helpful legislation. It is intended, simply and specifi- or competent when confronted with a real HON. HELEN CHENOWETH cally, to close a loophole that has long con- 911 situation, according to Sheriff’s Deputy cerned many students of our tax system, and Roy Casteneda. OF IDAHO restore a level playing field for all corporate Zach, however, is no ordinary kid, and is IN THE HOUSE OF REPRESENTATIVES taxes. already an avid workbook reader. Friday, April 7, 1995 By closing this loophole, Mr. Speaker, we On the 911 tape, Zach could be heard giving medics directions to the Nussbaum house Mrs. CHENOWETH. Mr. Speaker, Mr. will take a giant step toward restoring faith and confidence in the American political process. I and then attempting to wake his mother, ac- FILNER of California, and I are introducing leg- cording to Susan Nussbaum. islation today that strikes at the very heart of urge the Ways and Means Committee to give ‘‘And when the ambulance arrived he sim- why those of us elected to the 104th Congress it immediate consideration, and I am looking ply said ‘I’m done here’ and went back to feel so strongly about our national purpose forward to joining with additional cosponsors. playing with his tops,’’ She said. and identity. In this instance the issue is tax The time for the enactment of this legislation Since saving his mom, Zach has returned fairness; all Americans and American compa- is now; it will make the 104th Congress the to his full time occupation: playing pogs and nies must pay their fair shares of taxes. This historic Congress that confronted and solved video games with his three older brothers— Gabe, 7, Josh, 9, and Benji 10. is the sum and essence of my legislation the problems of the past and looks forward to which is entitled the ``Insurance Tax Fairness the new century with hope and optimism. We f and Small Insurance Company Economic can do no less, Mr. Speaker. This legislation SAINT LARRY: OKLAHOMAN OF Growth Act of 1995.'' must be enacted. THE YEAR To amend the Internal Revenue Code of f 1986 to revise the limitation applicable to mu- tual life insurance companies on the deduction TRIBUTE TO ZACH NUSSBAUM HON. CHARLES B. RANGEL for policyholder dividends and to exempt small OF NEW YORK life insurance companies from the required HON. RANDY ‘‘DUKE’’ CUNNINGHAM IN THE HOUSE OF REPRESENTATIVES capitalization of certain policy acquisition ex- OF CALIFORNIA Friday, April 7, 1995 penses. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, we have been hearing a great Mr. RANGEL. Mr. Speaker, I rise to pay trib- deal about corporate welfare these days; it ap- Friday, April 7, 1995 ute to my very dear friend, the Reverend Larry pears to be what the New York Times, in its Mr. CUNNINGHAM. Mr. Speaker, I rise Jones, head of Feed the Children, a humani- op-ed page referred to, on Wednesday, April today to salute the heroism of one of my tarian organization dedicated to feeding hun- 5, as a ``new political catch phrase'' that has younger constituents, Zach Nussbaum, of gry children and helping people to lead normal entered ``the Washington lexicon.'' Fairbanks Ranch, CA. As the article below de- and productive lives. This is not a liberal or a conservative issue, tails, Zach saved his mother's life several Feed the Children has delivered food and Mr. Speaker, but an American issue. In fact weeks ago. medical supplies to such countries as Haiti, April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 871 Ethiopia, Somalia, Uganda, Kenya, Armenia, ‘‘Imagine,’’ he says, ‘‘you’re standing After the war and throughout the 19th cen- and war-torn Bosnia. He has also delivered there, and someone hands you a rope and tury, Morristown prospered as the region's in- food to cities across the United States. On asks you to hold it. Turns out the rope is at- dustrial capital, in addition to being the county several occasions, Feed the Children has dis- tached to a hot air balloon, and you just go.’’ For fifteen years, that ride has been Feed seat of government and an area retail center. tributed tons of food to needy families in my the Children. The town started to take on a new look with congressional district in New York. For these the advent of the railroad. Now only a short f efforts, and a lifetime of humanitarian service, train trip from Hoboken, the wealthy financiers Reverend Jones has been recognized as TRIBUTE TO RICH BECKER and industrialists of New York City could get Oklahoman of the Year for 1994 by the maga- away to the rolling hills and healthy climate of zine, Oklahoma Today. HON. JAN MEYERS Morristown during the summer months. In fact, Reverend Jones discovered his calling to one of the town's main thoroughfares, Madi- OF KANSAS help suffering children while on an evangelical son Avenue, became known as ``Millionaires' mission in Haiti where he witnessed heart- IN THE HOUSE OF REPRESENTATIVES Row.'' wrenching scenes of hunger. Then he vowed Friday, April 7, 1995 Less celebrated at the time, yet more impor- to dedicate his life to service in behalf of hun- Mrs. MEYERS of Kansas. Mr. Speaker, tant to the town's future, were the other new gry people all around the world. April 20, 1995, marks the retirement as mayor groups of people locating in the townÐimmi- I recall toward the end of the Haiti crisis last of Lenexa, KS, of one of Kansas' leading citi- grants. Since the middle of the 19th century, year, Reverend Jones and I arranged to have zens, Mayor Rich Becker. Morristown has been rejuvenated each gen- two planeloads of medical supplies and food During Rich Becker's 8 years as mayor, eration by a new group of ethnic Americans. delivered to aid the suffering people of Haiti. Lenexa has experienced phenomenal eco- Germans, Irish, Italians, African-Americans The military dictators then in power attempted nomic and residential growth and offers its citi- from the South after the Civil War, Jews, His- to block the visit, but Reverend Jones per- zens an extremely high quality of life. panics, Asians, and East Europeans from the severed and after a few days delay, he took In 1994, Rich Becker reached out to all former Soviet Union; all leaving an indelible the plane full of supplies to Port-au-Prince. Kansans and ran for Governor. He conducted mark on the history and culture of the town. Reverend Jones has a very deep under- his campaign with honor and integrity never Today, Morristown is not known for its ce- standing of the problems of the suffering of saying a bad word about any other candidate. lebrity residents such as when it was graced the poor. Earlier this year in testimony to the He and his wife, Nancy, traversed Kansas' by the likes of inventor Alfred Vail or the infa- Ways and Means Committee on the welfare 400,000 square miles from north to south, mous cartoonist Thomas Nast. Instead, the reform bill, he reminded Congress that in its from east to west, visiting all 105 Kansas citizens of Morristown, and the spirit that they zeal to reform the system, they must not for- counties and all 627 towns and cities which harbor, are the beacon that attracts people get those who have been left out of the main- have mayorsÐa more vigorous and rigorous and businesses from across the country and stream of our wealthy society. Reverend around the world to this small but vibrant Jones was joined at the hearing by spokes- campaign than any in history. Rich Becker has distinguished himself as a town. So congratulations MorristownÐyou are men from Jewish, Catholic, and Protestant de- the spirit of America. nominations in an appeal for compassion that selfless public official. The enthusiasm, en- has crossed religious lines. ergy, and integrity with which he has pursued f Mr. Speaker, I am very proud to be a friend his personal and public goals sets a standard of Rev. Larry Jones who has dedicated his life of excellence in public service to which we all YORK-ADAMS COUNTY CENTRAL to helping those who are less fortunate. In trib- should aspire. LABOR COUNCIL ANNUAL WORK- ute to him and for the edification of my col- f ERS MEMORIAL DAY leagues, I call attention to an excerpt from an MORRISTOWN, NJ: THE SPIRIT OF article in Oklahoma Today, in which he was AMERICA HON. WILLIAM F. GOODLING recognized as the Oklahoman of the Year for 1994. OF PENNSYLVANIA The profile of his organization, on the HON. RODNEY P. FRELINGHUYSEN IN THE HOUSE OF REPRESENTATIVES other hand, has never been higher. In 1994, OF NEW JERSEY Friday, April 7, 1995 Jones’ Oklahoma City-based charity deliv- IN THE HOUSE OF REPRESENTATIVES ered truckloads of donated canned vegeta- Mr. GOODLING. Mr. Speaker, I want to bles, antibiotics, wheelchairs, hams, coats, Friday, April 7, 1995 congratulate the York-Adams County Central underwear, water purification tablets, books, Mr. FRELINGHUYSEN. Mr. Speaker, I rise Labor Council on their fifth annual workers powdered milk, Christmas candy, and stuffed today to pay tribute to the town which is the Memorial Day. This event is held annually in animals to seventy countries around the heart of my Congressional District, the histori- order to recognize and remember workers world. His organization has heated orphan- ages in Romania, started loan programs in cal town of Morristown, NJ, which celebrated who have been injured or have lost their lives the Philippines, and supported prenatal clin- the 130th anniversary of its incorporation into in the workplace. ics in Russia and a home for disabled chil- Morris County on April 6. Over the last few years, we have made con- dren in Africa. Jones traveled to Rwandan Like many early colonial American towns, siderable progress in reducing serious injuries refugee camps, to Bosnia and Croatia in the Morristown was settled by Puritans searching and deaths in the workplace, but much more midst of war, and during last summer’s trade for religious freedom, as well as industrious needs to be done in order to achieve safety embargo, delivered a planeload of food and newcomers from the coast hoping to capitalize for all workers. Each year many avoidable medicine to Haiti just hours after President Bill Clinton announced the U.S. Marines on the wealth of the land. In 1738 the Puritans workplace fatalities occur, and each time a were going in. established their church on the town's square great loss is suffered by both their families Here in the United States, Jones’ trucks or ``Green'' and proceeded to harvest the and their country. delivered millions of pounds of supplies to bounty of the land and the richness in the As chairman of the Economic and Edu- food pantries in places known to be wanting, hills. This spirit of freedom and industrious- cational Opportunities Committee, I hope to like Appalachia and Harlem, and places ness proved to be the rock upon which was consider different means of achieving a secure where hunger is more hidden, like Vermont built one of our Nation's greatest towns. workplace and even improve the Occupational and Denver. He bought a vacant college cam- pus in the heart of Oklahoma City and estab- Perhaps, Morristown is most famous for Safety and health Act to ensure that todays lished a job training program there, then being the military capital of the American Rev- workers have the safest workplace possible. loaned one of the buildings to Head Start. olution. Gen. George Washington chose the Job safety is in everyones interest. Most re- His organization provided disaster relief dur- town for its strategic location, iron industry, sponsible companies believe their employees ing catastrophic flooding in south Texas and and citizens' loyalty to the cause of colonial are their best asset. Normally, the products pinpointed the eight most destitute school independence. The Continental Army camped these companies produce are of the highest systems in each of the fifty states and sent there for two bitter winters, with Washington quality. each student a care package at Christmas. All of this—the $90 million charity, the making his headquarters at the home of the In todays competitive market, quality prod- fleet of trucks, the rides sitting on sacks of early industrialist Jacob Ford. In 1933, Presi- ucts are the mark of a quality nation. Our food in armored cars into countries at war— dent Herbert Hoover established Washington's workers are our future link to the world market has happened, Jones maintains, without any headquarters at the Ford Mansion as our Na- and they should be able to work in an environ- planning on his part. tion's first National Historic Park. ment that is safe and secure. E 872 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 We must find new and more effective ways CESAR CHAVEZ BATTLE (By Lisette Munoz of W.C. Overfelt High for employers and employees to work to- (By Maria Gonzalez of Santa Teresa High School) gether. It must be done in order to help Amer- School) ican workers compete in the world market- To some he was a hero but he only saw him- self as a man. He fought for what was right, place and work in safe conditions. It didn’t matter if it was Day or night. We must remind ourselves of the contribu- A man I believe put on this earth to help the disadvantage. He fought for our race, tions and sacrifices made by our workers His struggle was not easy for he faced much And battled face to face every day. Workers Memorial Day is a fitting prejudice. With the dangers we find tribute for those who were injured, or died in An acquire prejudice brought upon be igno- When we are the alien race. the workplace. rance. Latino, Hispanic, Chicano f His people, he saw hunched over in the fields, Some of the names he was called. sweat upon their brows, pain in their Proud to be who he was, THE VOICE OF THE PEOPLE backs, hands blistered and skin dark- And what he stood for, Equality. ened from the sun. He was a leader urging us to Fight. All eyes were wide open, everyone looked A leader explaining our right’s. HON. EDWARD R. ROYCE around but no one took stand. OF CALIFORNIA Our right’s as people Cesar Chavez felt something in his gut this Our right’s for freedom IN THE HOUSE OF REPRESENTATIVES was ‘El Movimiento.’ Our right to come to this He stood amid the mist of the pesticides and Friday, April 7, 1995 Country, fight the odds, and Win. began to walk, and surprisingly, the Mr. ROYCE. Mr. Speaker, I want to take people followed. ‘‘WHO IS HE?’’ this opportunity to highlight the results of a He then knew that all the people needed was survey conducted by one of the leading senior a leader who was dedicated to his (By Brenda Reyes of Silver Creek High citizens advocacy groups in the Nation, 60 cause. School) PLUS, which is dedicated to tax fairness for He fasted so that people would listen. The fields were his life. He pointed out the forgotten ones. seniors. Los files eran su vida. Babies deformed by the hands and inventions The crops in the fields were his life. This organization, which has over 250,000 of man. Las cosechas que crecian en los files, eran su members and is headed by former Congress- He did what he needed to go change would vida. man Roger Zion, polled 100,000 of its mem- come about. The people picking the crops in the fields, bers, and by a 3-to-1 margin, they support the He did all this but his body couldn’t with- were his life. Republican tax fairness bill. Representative stand the battle. La gente que cortaba la cosecha en los files, Zion and 60 PLUS Chairman Jim Martin deliv- He entered the souls of all of his followers, eran su vida. and his spirit became the agila on our ered thousands of mailgram petitions to the The pesticides that fell upon the people, be- flag, soaring to continue the unfinished came his enemy. Capitol steps earlier this week in support of struggle. this measure, noting that it lifts the outside Los insecticidas que caian sobre la gente en DEDICATED TO A DEDICATOR los files, se convirtieron en su enemigo. earnings limit on Social Security beneficiaries, (By Ahmed Desai of Piedmont Hills) They became his concern. repeals the 1993 Clinton tax increase on sen- In a modern world dominated by models Ellos se hicieron su preocupacion. iors, increases the exemption from Federal es- who are athletic superstars, rarely is society His struggle. tate taxes, reduces the capital gains tax, re- given the gift of a true hero. The late Cesar Su batalla. forms SSI, and provides a tax credit for elderly Estrada Chavez was and continues to be such His fight. care in the home. a unique individual who deserves the title of Su pelea. Mr. Speaker, as Representatives of the peo- ‘‘genuine model.’’ Chavez is an inspiration to But no one cared. ple, we need to listen to their voices, and act many, and a teacher to all. There is much Pero a nadie le importo. that he stood for, and even more that today’s accordingly. ‘‘I will make a difference’’ he said. youth can learn from him. El dijo, ‘‘Yo hare la diferencia.’’ f A servant not to his own wants and desires, ‘‘I will bring justice’’ he said. but rather to those of his community, Cesar HONORING THE CESAR CHAVEZ El dijo, ‘‘Yo traire justicia.’’ Chavez reminds the young to put the needs ‘‘Something will be done!’’ El dijo. WRITING CONTEST AWARD WIN- of others before one’s own. He utilized the But no one listened. NERS OF THE EAST SIDE UNION tactics of civil disobedience and peaceful Pero nadien escucho. HIGH SCHOOL DISTRICT protests only to bring about change for the ‘‘No grapes’’ he yells. better and for society, and not for his per- ‘‘Uvas no’’ El grita. sonal gains or rewards. Armed with a strong ‘‘Who is he mommy?’’ a little girl asked. HON. ZOE LOFGREN dedication, yet a descendant of a poor back- OF CALIFORNIA ‘‘Quien es el mami?’’ una nina pregunto. ground and a minority ethnic group, Chavez ‘‘I do not know’’ the mom answers. IN THE HOUSE OF REPRESENTATIVES proved that anyone, anywhere, with perse- ‘‘No lo se’’ contesto la madre. Friday, April 7, 1995 verance, can succeed and make a difference. ‘‘One day I will be like him, mommy.’’ the Withstanding and conquering numerous ob- girl said. Ms. LOFGREN. Mr. Speaker, I rise today to stacles, he neither gave up nor lost hope. He ‘‘Un dia sere como el mami.’’ dijo la nina. worked long and hard, rested little, and recognize more of the winners of the first an- ‘‘I will fight for what I believe, and I will be made nothing come between him and his nual Cesar Chavez writing contest held by the a leader.’’ goal. As a result of years of continuous East Side Union High School District in San ‘‘Yo peleare por mis creancias y sere una struggles, Cesar Chavez achieved his goal Jose, CA. I had the great privilege of attending lider.’’ and gained rights for farm laborers. Youths the award ceremony honoring the student win- of today can see themselves in Chavez, as ‘‘Many will believe in me, and I will believe ners on March 31, 1995, and would like to they prepare their future aspirations and dis- in myself too.’’ continue sharing the essays and poems writ- cover ways to accomplish them. As a model, ‘‘Muchos creran en mi, y yo crere en mi ten by the student award winners with my col- Cesar Chavez teaches youngsters that the misma tambien.’’ leagues. best and only method for success is through ‘‘Crowds will come to listen to my words of dedication and persistence. wisdom, and there will be those that On April 4, 1995, I began by sharing the es- will want to stop me.’’ says and poems of the grand prize winners Cesar Chavez lives on as a leader to whom teens can relate and look up. He was human ‘‘Grupos bendran a oir mis palabras de and three of the first place winners, and today and knew his strengths and limits. He did sabiduria y habran unos que quedran I will share the five remaining first prize en- not only talk about ideas, but took charge interponer.’’ tries, and the first three of eight second place and did things to make them a reality. Cha- ‘‘But no one will suceed.’’ winning entries. On April 6, 1995, I shared the vez, even with his short stay on earth, ‘‘Pero nadie lo hara possible.’’ remaining five essays and poems of the sec- proved that a lot can be done in and with so ‘‘I will organize may own march’s, and those ond place winners. little. Moreover, he made the most of what who believe in me will follow.’’ The first prize winning essays and poems of he had and did not ask for more than what ‘‘Yo organisare mis propias marchas, y esos he felt was deserved. The lifestyle that he led que crean en mi, me seguiran.’’ Lisette Munoz of W.C. Overfelt High School, includes many lessons that can be beneficial ‘‘The sore blistered feet will be my reward.’’ Ahmed Desai of Piedmont Hills High School, to today’s new generation. Let us reflect the ‘‘Los pies mayugados y ampollados, seran mi Brenda Reyes of Silver Creek High School past actions of Cesar Estrada Chavez, a great rcompensa.’’ and Eulala Reynolds of Yerba Buena High humanitarian. Feliz Cumplean˜ os, sen˜ or Cha- ‘‘I will have hunger strikes, as he.’’ School follow: vez. ‘‘Yo trende guelgas de hambre, como el.’’ April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 873 ‘‘And the grumbling of my stomach, will be One can rationalize that such minorities tant to many people and I thought what they my reward.’’ stand beneath the human category, if done was great but, I never felt a touching ‘‘Y los grunidos de mi estomago, seran mi you will, emotion for these people. I asked many peo- recompensa.’’ Regardless of their customs, ethnic back- ple including teachers and friends what ‘‘I can’t wait to grow up mommy.’’ grounds, or skill. makes a hero heroic? However, I never found ‘‘No pudo esperar para crecer mami.’’ Regressing to the era of John Locke and his an answer that was suitable to me. I decided ‘‘I want to be just like Cesar Chavez.’’ corresponding theories, to compose a search of my own on what a ‘‘Quiero ser igualita que Cesar Chavez.’’ One recalls the Natural Rights: the right to hero should be and I realized that the char- ‘‘It can be done, huh mommy?’’ life, liberty, and property. acteristics of a hero couldn’t be found in an ‘‘Si se puede, eh mami?’’ To whom was such theory directed towards? encyclopedia article nor in a definition in a ‘‘Yes honey, it can be done.’’ The mom Why the people of the world, of course! dictionary. It was a feeling you feel in your smiles. Analyzing this statement, one can discover heart. It’s a definition you create on your ‘‘Si mija, si se puede.’’ La mama sonrie. some significant aspects; own to fit your personal beliefs. CORRECT! Humans possess rights to live After reading about the life of Cesar E. CESAR CHAVEZ independently, to survive, and to own, Chavez I finally felt gratitude for a man who (By Eulala Reynolds of Yerba Buena High though obliged to comply with the has brought so much knowledge to the lives School) present-time precepts. of many. Cesar was born into a family with Raw, callous, sun, rain For instance, this world can be pictured as a little of their own and nothing to spare. He Eternal work, labor, pain vast rainforest filled with thousands of learned the ways of life from his work in the Grief, hurt, no reward different species, farming fields of California. With little edu- Living land a sharpened sword Among such myriad of creatures exists hu- cation and a strong will in life Cesar grew to Struggle, family, one thing clear manity. be a leader, a man who took action, someone Survival, essential, defeat near Each member must stand in one accord in who speaks up, a man who will fight until he Uprooted and adrift behold! order to endure wins or die trying. He helped his fellow farm For this an endless story told! The process in maintaining freedom and workers by gathering people who believed What one voice and truth is heard? composure. that working in the fields where poisonous A man with whom a piercing word? Sacrificing every ounce of material obtained gases are sprayed and threaten the lives of Loud for absorbed by truckloads of women for his fellow agriculturers, men, women and children. He rallied against and men Including the faithful supporters, every health problem, every underpaid and Chavez eventually was depicted as a unique, Who fight for justice again, again overworked individual farm worker. This symbolic figure for migrant worker’s The power of nonviolence but yet a war wasn’t a job for Chavez, it wasn’t something ethics, Lead by him to soothe the wound he was paid to do. It was what he believed Simultaneously promoting social justice. The wound an open cut, a pool and what he knew his people deserved. Influentially, Chavez’s devotion and dedica- desolate, defeat, doom Many times Chavez risked his life for the tion in transforming the ‘‘old society’’, The union ‘‘La Causa’’ it’s birth not a breech welfare of his people. He starved himself for Has conclusively become our tenacity to Gallo wine, grapes, lettuce beseech long periods of time to express his strong be- continue striving for equality. For had ‘‘La Causa’’slowly climbed its way liefs and he sacrificed anything to bring his Yet beyond its effects on society’s estab- The picket march exist today people to a better way of life. lished regulations, Chavez fought for the dreams of thousands Child labor put to ends Chavez’s perseverant character has modified of people and their families. The time, the By well pronounced fighting friends even the most desperado of people into effort, and the courage that Cesar has shown Cesar Chavez stood brave, tall diligent beings possessing substantial us we should honor and respect. He has His lifelong dream, ‘‘live for the cause’’ aspirations. For now over is the war taught many lessons, fought many battles Still the wound remains, the scar. During his amazing fulfillment, and he has left us with the knowledge to Cesar Chavez’s speaking contained moral rel- fight on. The second prize winning essays and evance. poems of Lauren Droira of Andrew Hill High ‘‘The beauty of life is not what surrounds us, CESAR CHAVEZ but the compassion and charity we School, Eva Zuniga of Independence High (By Troy Arevalo of James Lick High have within our hearts.’’ School and Troy Arevalo of James Lick High School) School follow: Human beings tend to rank others according to outer bearings, He struggled, with persistence, for the CESAR CHAVEZ’S TESTIMONY TO MODERN Though interior values possess greater rights of the oppressed, And in striving to SOCIETY meanings. bring about a change, he did not rest. De- (By Lauren Droira of Andrew Hill High Considerate, abased, and anxious, spite the disheartening atmosphere in which School) Cesar Chavez could very well represent a he matured and grew, Chavez became the golden sack of morals, so virtuous. type of leader only of which there are a few. A splendorous eagle soars through the The needs of his people fell upon uncaring boundless skies above on a quest to Similar to Dr. Martin Luther King and Ghandi, ears, And through his fight for liberation, grasp the seemingly unattainable star. there fell many, many tears. Off in the horizon a muffled road: Who both likewise elevated the social rights of their corresponding people utilizing Although many Mexicans were helped by Come accompany us in accomplishing such a Cesar Chavez in bringing an end to their dream which appears so far. a manner of fiery resolution and obsti- nacy, plight, he emphasized that his crusade was Ferocious winds encompass the creature, for all people, it was not just a Mexican though it valiantly persists onward, an Cesar Chavez can be illustrated as the deliv- erer of his own compatriots, fight. astonishing feature. Chavez’s organization of unions attracted Cesar Chavez: a dauntless, intrepid warrior; The stalwart defender who blanched the ob- scure unrighteous spots. many powerless people who would not One who strived throughout his entire exist- confront the growers who proved to be for- ence to eradicate the actual barrier. In history such standard bearer that promi- nently midable, but to gain liberation, he was sure- Racism? Latino farmers impetuously toil ly capable. throughout the day, Exudes in determination to conquer the epitomy, Because of his efforts in trying to help the Hoping to be paid by the sun’s final ray. California farm workers, his movement Injustice? Living conditions were quite Specifically for his fellow workers and racial minorities, gained empathy from much of the nation, squalor, but there was still prejudice from many, Personal wages as meager enough to leave a Is highly commended in the present times, And will be in the future minds. many people against the workers in the or- child’s stomach hollow. ganization. CHARITY Such reasons fed the brewing red fire of dese- In order to form the union, Chavez went cration; (By Eva Zuniga of Independence High from door to door. In the end, when the Protests, tumults, riots were born Mr. Cha- School) workers had gained their liberation, it did vez as the chieftain. All too many times while I was young, I not matter that they were all poor . ‘‘SOCIAL JUSTICE!’’ exclaimed the impov- was asked who my hero was. I had never After spending five years of life for his peo- erished multitude, stopped to think about the importance of ple’s liberation, Chavez finally succeeded, And the truth was revealed bare and crude. this question until recently. Throughout my but these rights were by far not easily Now this great moment in time, education I was given research assignments gained, but greatly needed. Has influenced the viewpoints of society’s that required me to learn the lives of many mind. people. I knew that these people were impor- E 874 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 CONGRATULATIONS PIONEER CITY standards of Government accountability. Governors of the Federal Reserve System and RODEO Power without proper accountability simply would create a special new Federal Open does not fit into the American system of de- Market Advisory Council through which the HON. GLENN POSHARD mocracy. presidents of the regional Federal Reserve OF ILLINOIS Through its control over monetary policy the Banks could advise the Board on monetary IN THE HOUSE OF REPRESENTATIVES Federal Reserve affects the lives of all Ameri- policy. cans. It has the power to decide who prospers The Federal Reserve System consists of the Friday, April 7, 1995 and who fails. The path that the Federal Re- Board of Governors in Washington and the 12 Mr. POSHARD. Mr. Speaker, I rise today to serve sets for monetary policy and interest regional Federal Reserve Banks. The Board of congratulate the Pioneer City Rodeo of Pal- rates affects every businessperson, worker, Governors has seven members, who are ap- estine, IL, on being named the best small out- consumer, borrower and lender in the United pointed by the President and confirmed by the door rodeo in America. The Pioneer City States and has a major impact on the overall Senate to 14-year terms. The governors of the Rodeo was selected from a field of over 700 performance of the economy, as we became Federal Reserve are thus duly appointed Gov- small outdoor rodeos by a distinguished panel painfully aware during the 1990±91 recession ernment officials who are responsible to the of livestock contractors, top cowboys, and and the anemic recovery since. President and Congress, and through them to specialty rodeo acts. The independence that the Federal Reserve the American people, for their conduct in of- Recently in Las Vegas, NV, the Professional must have to insulate monetary policy from fice. Rodeo Cowboy Association awarded the Pio- political pressures also removes the Fed from The Federal Reserve Bank presidents, in neer City Rodeo a commemorative flag, cere- the normal processes of accountability that contrast, owe their jobs to the Boards of Direc- monial belt buckle, and a check for $1,000. apply to every other agency of the Federal tors of the regional banksÐboards dominated Continuing an annual tradition, the Pioneer Government. We must address a very difficult by local commercial banks. Neither the Presi- and perplexing problemÐhow to make the City Rodeo donated their winnings to the Cow- dent nor Congress has any role in selecting Federal Reserve more accountable to the boys Crisis Fund to help families of injured the presidents of the Federal Reserve Banks American people without jeopardizing its inde- cowboys. This is a true showing of cowboy Some of the bank presidents are career em- pendence and its ability to conduct monetary honor and while the Rodeo's selection as the ployees, others have backgrounds in banking, policy free of political pressure. best in America is a grand achievement the business, and academics; none are duly ap- example these fine people set is an even No other government agency enjoys the Fed's prerogatives. pointed Government officials. Nonetheless, greater accomplishment. they participate in monetary policy decisions Being voted the best small outdoor rodeo in Monetary policy is decided in secret, behind closed doors. through their membership on the FOMC, America is a great achievement and I am hon- where they cast 5 of the 12 votes that deter- ored to represent these award winning cow- The Federal Reserve is not required to con- sult with Congress or the administration before mine monetary policy and interest rates. boys in Congress. Congratulations Pioneer The role of the Federal Reserve Bank presi- City Rodeo, you are the best in America. setting money or interest rate targets, even though its power affects the financial well- dentsÐand the broader issue of the influence f being of every American. of the Nation's banks and of private interests FEDERAL RESERVE REFORMS The President, who is responsible for the on the Federal ReserveÐhas been a source INTRODUCED performance of the economy and is blamed if of concern ever since Congress decided to es- things go wrong, often must wait until late in tablish the Federal Reserve in 1913. HON. LEE H. HAMILTON his term to appoint a new Chairman of the In the initial draft of the Federal Reserve Federal Reserve Board. President Clinton, for Act, there was a debate between some Mem- OF INDIANA example, will not be able to appoint a new bers of Congress and President Wilson over IN THE HOUSE OF REPRESENTATIVES Fed Chairman until March 1996. whether the Nation's banks should be allowed Friday, April 7, 1995 The Fed's budget is not published in the to appoint members of the Federal Reserve Mr. HAMILTON. Mr. Speaker, today I am in- U.S. Government Budget, even though it Board, with the President arguing that there troducing important legislation that would spends about $1.7 billion per year. Only 7 per- should be no individuals on the Board rep- make substantial improvements in the struc- cent of Federal Reserve expenditures are de- resenting private interests. During the 1920's, ture and practices of the Federal Reserve tailed in the U.S. Government Budget for fiscal when uncoordinated open market operations SystemÐthe Federal Reserve Reform Act of year 1996Ðthe $177 million spent by the by the Federal Reserve Banks were disrupting 1995. Senator BYRON DORGAN is introducing Board of Governors. the markets for Treasury securities, Treasury similar legislation in the Senate. The presidents of the 12 Federal Reserve Secretary Andrew Mellon argued that the This bill addresses the three issues of great Banks, who participate in monetary policy de- properly appointed public officials on the Fed- importance to the American economy and our cisions on the Federal Open Market Commit- eral Reserve Board should have sole respon- system of democratic governmentÐthe public tee [FOMC], are neither appointed by the sibility for regulating open market operations. accountability of those who make important President nor confirmed by the Senate. And when Congress rewrote the banking monetary policy decisions, the current ab- Even though the Federal Reserve engages laws during the 1930's, President Roosevelt, sence of any channel of formal communication in more than $1 trillion in transactions in the who proposed to vest sole responsibility for between the Federal Reserve and the admin- money markets each year, most of these ac- open market operations in the Board, ulti- istration, and the veil of secrecy surrounding tivities are exempt from audit by the GAO or mately compromised on a provision of the policymaking at the Federal Reserve. any other outside agency. Banking Act of 1935 under which a rotating During the past year, the Federal Reserve The bill that I am introducing today aims to group of five Federal Reserve Bank presidents has demonstrated the power it exerts over the make the Federal Reserve more accountable was allowed to share voting responsibility for U.S. economy through its ability to influence to the American people, not by giving politi- open market operations with the seven mem- the level of interest rates. Since February, cians control but by making duly appointed bers of the Federal Reserve Board. 1994, the Federal Reserve has raised interest public officials solely responsible for the con- This situation, in which private individuals rates seven times for a cumulative increase of duct of monetary policy, by creating a formal who are neither appointed by the President of 3 full percentage pointsÐfrom a target Federal channel of communication between the Presi- the United States nor confirmed by the Senate Funds rate of 3 percent in early 1994 to 6 per- dent and the Federal Reserve, and by provid- nonetheless directly participate in monetary cent currently. The recent decline in the hous- ing Congress and the American people with policy decisions, is an anomaly in our system ing sectorÐboth sales and starts of single- more and better information on the Federal of democratic government. It is true that al- family homes have fallen significantly during Reserve's policies and procedures. This bill most all Government agencies make extensive recent monthsÐindicates that the rise in inter- updates similar bills I introduced to previous use of private citizens in an advisory status. est rates is starting to slow economic growth Congresses. The Federal Reserve, for instance, has three and may slow job growth in the months The Federal Reserve Reform Act has six major advisory panels which meet with the ahead. major provisions: Board of Governors three to four times a year, The Federal Reserve occupies an anoma- ROLE OF FEDERAL RESERVE BANK PRESIDENTS including the Federal Advisory Council, a lous position within the Government of the First, it would vest sole responsibility for the panel of 12 bankers which advises the Board United States. It is an enormously powerful in- conduct of monetary policy and open market of Governors ``on all matters within the juris- stitution, but it does not conform to the normal operations in the seven-member Board of diction of the Board.'' April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 875 But nowhere other than the Federal Re- ury Secretary, Robert Rubin, the process will I am very pleased by the Fed's decision to serve are representatives of private interests have to be sorted out all over again. announce its policy decisions immediately. It permitted to have a vote on Government pol- But informal meetings are not enough. was a change that I and other members of icy. This is the proper function of Government These meetings do not involve all the major Congress had been recommending for some officials who have either been elected by the participants in monetary policy decisions and time and I think it was an excellent decision. people or duly appointed and confirmed in the this process requires no formal presentation or Small investors now have the same informa- appropriate manner, and that is the way it discussion of economic goals or plans. Under tion at the same time as the money-center should be at the Federal Reserve as well. the Federal Reserve Reform Act, the adminis- banks and other financial institutions. While The bill that I am introducing today would tration will have a formal avenue to present its my bill would not make any changes in the address this controversy by going back to the program for the economy to the Federal Re- Fed's new procedures, it would write them into first principles laid out by Presidents Wilson serve Board and lay out its goals and targets law, confirming the approval of Congress for and Roosevelt, that properly appointed Gov- for monetary policy. The members of the what the Fed has done. ernment officials should be responsible for the Board will also have an avenue to convey conduct of monetary policy at the Federal Re- their concerns about fiscal policy to the admin- GAO AUDITS OF THE FEDERAL RESERVE serve. istration. Communication will flow both ways. Fifth, the bill would permit the Comptroller First, the bill would dissolve the Federal TERM OF THE CHAIRMAN OF THE FEDERAL RESERVE General to conduct more thorough audits of Open Market Committee and make the Board Third, the bill would allow the President to Federal Reserve operations, by removing se- of Governors of the Federal Reserve respon- appoint a Chairman of the Federal Reserve lected current restrictions on GAO access to sible for monetary policy and open market op- BoardÐwith the advice and consent of the the Federal Reserve. erations. Second, it would create a Federal SenateÐ1 year after taking office, at the time The General Accounting Office is the watch- Open Market Advisory Council, through which when the first regular opening would occur on dog of Congress. It carries out that respon- the presidents of the 12 Federal Reserve the Federal Reserve Board. This would make sibility through financial and program audits of Banks could advise the Board of Governors the Fed Chairman's term basically cotermi- government agencies. These audits are of tre- on regional economic conditions and other nous with the term of office of the President of mendous value to Congress. Not only do they factors affecting the conduct of monetary pol- the United States. ferret out waste, fraud and abuse, they per- icy and open market operations. The Bank The current chairman of the Board of Gov- form the even more important function of tell- presidents would no longer have a vote on ernors, Alan Greenspan, was appointed by ing Congress when programs are not working monetary policy, but the Board of Governors President George Bush and will hold that of- and where programs can be improved. would still have the benefit of their advice. fice until March 1996, more than 3 years into For many years, from the mid-1930's to the Power without accountability does not fit the President Clinton's term. Fortunately, Chair- late 1970's, the Federal Reserve was exempt American system of democracy. In no other man Greenspan and President Clinton appear from GAO audits along with the other bank government agency do private individuals to work well together. Even though Mr. Green- regulatory agencies, on the grounds that it make government policy. The Federal Re- span was not appointed by President Clinton, funds were not appropriated by Congress. In serve Reform Act 1995 will now apply this this does not appear to have caused any sig- 1978, the Federal Banking Agency Audit Act same principle of democracy to the Federal nificant problems with monetary policy or the authorized the GAO to audit the bank regu- Reserve. progress of the economy. But if they had not latory agencies, allowing full audits of the CONSULTATION ON ECONOMIC POLICY been able to work together, the result could Comptroller of the Currency and the Federal Second, it would require the Secretary of have been serious damage to the American Deposit Insurance Corporation and limited au- the Treasury, the Chairman of the Council of economy and a paralysis of economic policy. dits of the Federal Reserve. Since then, the Economic Advisers, and the Director of the Of- This is a risk the country should not take. GAO has conducted numerous audits of the fice of Management and Budget to meet three The Federal Reserve Reform Act would ad- Fed's regulatory activities. These audits have times a year on a non-voting basis with the dress this by having the President appoint the provided useful suggestions for reducing costs Board of Governors, to consult on monetary Fed Chairman to a 4-year term beginning 1 at the Federal Reserve, improving regulatory and fiscal policy. year after taking office, when there will be a programs, and strengthening the banking sys- Two of the required meetings would take new vacancy on the Board in any event. Each tem with no noticeable harm to the Federal place just before the FOMC sets its annual appointee will still be subject to Senate con- Reserve or its effectiveness in regulating money growth targets in February and July firmation, as under current law. Giving the member banks. and reports to Congress, as required by the President 3 years of a term with a Federal Re- Currently, the GAO is prohibited access to serve chairman of his own choosing is surely Full Employment and Balanced Growth Act of any Federal Reserve function involving, first, preferable to the possibility under current law 1978. The third meeting would occur in the fall transactions with a foreign central bank or for- of a lengthy period where the President and at the start of the administration's annual eign government, second, any deliberations or Fed chairman cannot work together. budget cycle. These meetings will bring to- actions on monetary policy matters or third, gether the key members of the fiscal and IMMEDIATE DISCLOSURE OF CHANGES IN MONETARY any transactions made under the direction of POLICY monetary policymaking teams. the FOMC. Thus, even though the Federal The purpose of the meetings is to improve Fourth, this bill would require the FOMC to Reserve engages in more than $1 trillion in the flow of information between the adminis- disclose immediately any changes in the tar- transactions in the money markets each year, tration and the Federal Reserve. Currently, gets of monetary policy, including its targets most of these activities are exempt from audit there is no formal channel of communication for monetary aggregates, credit aggregates, by the GAO or any other government agency. between the President and the Fed. At times, prices, interest rates, or bank reserves. My bill would remove the last two restric- various Presidents and their economic advis- This provision would codify the Fed's new tions, and thus provide for more thorough au- ers have been reduced to carrying on policy practice of announcing policy decisions imme- dits of the Fed, while retaining the restriction disputes by publicly sniping at the Fed through diately, which it implemented with the first of against GAO access to transactions with for- the press. its recent increases in interest rates on Feb- eign central banks or foreign governments. In the past, the Fed Chairman and the ruary 4, 1994. Prior to that time, the Fed Treasury Secretary have tried to maintain would keep its policy decision secret. Any PUBLICATION OF FEDERAL RESERVE BUDGET some communication through informal meet- change in monetary policy or interest rate tar- The final provision of the bill would require ings, but this process depends too heavily on gets would have to be inferred by the financial that the Federal Reserve's annual budget be the personalities involved. While Nicholas markets and investors from the Fed's subse- published in the Budget of the U.S. Govern- Brady was Treasury Secretary, the process quent actions. This process was akin to read- ment. The Fed would submit its budget for the apparently broke down and the meetings be- ing tea leaves or gazing into crystal balls, and current year and the two following years to the came very sporadic, while I understand that gave powerful financial institutions that could President by October 16 of each year, and the Chairman Greenspan and former Treasury pay enormous salaries to professional Fed- President would be required to print the Fed's Secretary Lloyd Bentsen worked together very watchers an advantage over small investors in budget in the Government Budget without well. But with the appointment of a new Treas- Indiana and much of the rest of the Nation. change. E 876 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 The Federal Reserve's expenditures are not The Federal Reserve Reform Act will not re- tionship with Congress and the administration. subject to approval by either the President or duce the Federal Reserve's control over its The bill that I am introducing today continues Congress, unlike the budgets of other govern- own budget. The bill will not subject the Fed- this process by proposing a handful of evolu- ment agencies. eral Reserve to the Congressional appropria- tionary changes in the practices and structure Despite the fact that the Federal Reserve tions process, nor will it give either Congress of the Federal Reserve. takes in and spends billions of dollars each or the administration any control over the Fed- f year, the Federal Reserve's budget is not con- eral Reserve's spending. All it does is require veniently available to Congress or the public. that the data be published conveniently in the THE BALANCED BUDGET Only a small fraction of the Fed's $1.6 billion U.S. Government Budget, where spending by ENFORCEMENT ACT OF 1995 of operating expenses were included in the every other government agency is already list- U.S. Government Budget for fiscal year ed. This includes the Supreme Court, which HON. PETER J. VISCLOSKY 1996Ðjust the $177 million of expenses in- has its budget published in the Government OF INDIANA curred by the Board of Governors in Washing- budget without any loss of independence. ton. The details on this part of the Fed's budg- Adopting the bill would thus implement a IN THE HOUSE OF REPRESENTATIVES basic principle of democracy that no Govern- et, only 7 percent of the Federal Reserve's Friday, April 7, 1995 ment agency should take in and spend billions total spending, appeared in Appendix of the of dollars without having its budget readily ac- Mr. VISCLOSKY. Mr. Speaker, today, I am Budget, at the very end of the section entitled cessible to the public. joined by our colleagues, Representatives ``Government-Sponsored Enterprises.'' In conclusion, in our Nation the Government CHARLIE STENHOLM, CALVIN DOOLEY, and TOM During 1996, the revenues of the Federal must be accountable to the people. The Fed- BARRETT, in introducing the Balanced Budget Reserve System will be about $20 billion. A eral Reserve, with its enormous power over Enforcement Act of 1995. This legislation small fraction of these revenues, less than $1 the economy and the well-being of the Amer- would put in place tough, new measures to re- billion, will consist of payments by banks for ican people, does not meet the normal stand- form the budget process and eliminate the services provided by the Fed. Most will consist ards of accountability in a democracy. The bill Federal budget deficit by the year 2002. of interest received from the Treasury on the that I am introducing today will make the Fed I cosponsored the predecessors to this bill Fed's holding of U.S. Government securities, more accountable without impairing its ability when they were introduced in the 102d and which the Fed acquired during open market to conduct monetary policy. The bill does not 103d Congresses by our former colleagues, operations conducted for monetary policy pur- impose presidential or congressional or other Leon Panetta and Tim Penny. This Balanced poses. Out of this $20 billion, paid mostly by outside controls on Fed policy. Instead, my bill Budget Enforcement Act of 1995 would force taxpayers, the Federal Reserve will incur ap- addresses the complex problem of increasing us to start now and begin bringing the budget proximately $1.7 billion in operating expenses. Federal Reserve accountability in a demo- into balance by the year 2002. It would do so About $1 billion of this will be for personnel cratic society without jeopardizing the Federal by setting spending caps and using across- costs. The rest will be for supplies, travel ex- Reserve's independence or injecting politics the-board cuts if the caps aren't met. Here's penses, telephone and postage, printing into monetary policy. how: money, maintenance of equipment, amortiza- In the 80 years since the Federal Reserve THE BALANCED BUDGET ENFORCEMENT ACT OF tion of buildings, etc. The remainder of the System was created, Congress has made a 1995 SUMMARY Fed's revenues will be returned to the Treas- number of changes in its structure and proce- (1) Deficit Reduction Targets (in addition ury, where it is listed in the Budget as an off- dures, adding responsibilities and powers from to the amounts required by current law) to setting receipt. time to time and periodically revising its rela- reach balance in 2002.

1996 1997 1998 1999 2000 2001 2002 Total

Discretionary caps ...... 12.9 30.1 53.9 73.8 98.9 121.7 144.6 535.9 Entitlement/revenue scorecard ...... 31.9 59.6 80.6 105.6 125.3 147.4 169.4 719.9 Debt service ...... 1.7 6.2 13.6 24.2 38.4 56.2 77.9 218.1 Grand total ...... 46.5 95.9 148.1 203.6 262.6 325.3 391.9 1,473.9

(2) Setting Sound Economic Estimates: A. Discretionary savings—Appropriations. vetoes the spin-off bill, then vetoes a rec- The President appoints a ‘‘Board of Esti- The discretionary savings will be achieved onciliation bill containing the committee mates,’’ consisting of the Chairman of the by keeping appropriations bills within a sin- targets). There will be a comprehensive se- Federal Reserve and four private citizens gle annual cap, and enforced by across-the- questration of entitlement spending and nominated by House and Senate party lead- board sequestration of discretionary pro- some revenue provisions in the amount need- ers. The Board must choose either CBO’s or grams. ed to hit the overall target for entitlement/ OMB’s estimates of how much deficit reduc- B. Entitlement/revenue savings—Rec- revenue deficit reduction. For revenues, a tion is needed in that Session. The Board’s onciliation. The entitlement/revenue deficit surtax would be imposed upon personal an- choices would be binding on the President reduction priorities will be set through the nual incomes greater than $250,000 and cor- and Congress, so that the deficit reduction annual budget process. The budget resolu- requirement for each would be identical. Fi- tion (conference agreement) will include a porate incomes over $10 million. This for- nally, the Board would meet again after ad- reconciliation directive targeting by com- mula will produce $4 in entitlement spending journment to pick either CBO’s or OMB’s es- mittee the dollar amount of deficit reduction cuts for every $1 in revenue increases. timates of how much deficit reduction was to be achieved from entitlements and/or rev- (6) Tax cuts/Investment: Tax cuts and/or actually accomplished by Congress during enues and will generate a ‘‘spin-off bill’’ (to investment policies can be enacted if they the Session. be sent to the President) putting those tar- are paid for. (3) Requirement of President to Submit gets into law. I believe that balancing the budget is our Balanced Budget: The President must pro- C. Sequestration: Overall reconciliation re- pose a budget that will reach balance by 2002. quirements will be enforced by sequestra- moral responsibility as Members of Congress. Further, the President’s budget must use the tion; the type of sequestration in any year I have always supported a balanced budget, assumptions chosen by the Board of Esti- depends on whether a spin-off bill has been and the responsibility to achieve this is not mates, meet all discretionary caps and enti- enacted. one that I take lightly. Over the years, I have tlement/revenue deficit reduction targets, (1) Targeted sequestration to enforce rec- frequently taken the political road less traveled achieve balance in 2002 and each year there- onciliation: (applies if a spin-off bill has been in the name of deficit reduction. When I am in after, and be voted on by Congress. enacted, either as a result of a budget resolu- (4) Requirement of Budget Committees to tion or, later, as a title in a reconciliation northwest Indiana, I tell my constituents that I Report Balanced Budget: Likewise, the con- bill). If a committee misses its entitlement am opposed to cutting their taxes because it gressional budget resolution must lay out a target, entitlement programs within that would undermine serious efforts to reduce the plan to reach balance by 2002. Budget resolu- committee’s jurisdiction will be sequestered deficit. In March, I was one of only six Demo- tions also must use the estimating assump- by a uniform percentage to meet the target. crats to support the rescissions bill because I tions chosen by the Board of Estimates, If revenues do not meet the revenue target, meet all discretionary caps and entitlement/ a uniform personal and corporate surtax will believe we need to start making tough spend- revenue deficit reduction targets, and be imposed to meet the target. ing decisions now. In January, I supported a achieve balance in 2002 and each year there- (2) Comprehensive sequestration: (applies constitutional amendment to balance the after. if a spin-off bill has not been enacted; this budget for the first time because I finally lost (5) Enforcement: would generally occur if the President first April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 877 faith that the Congress has the resolve to bal- Budget and Solving the Financial Crises in clining American competitiveness in the ance the budget without being required to do funding Medicare and Social Security. world market. so. The Majority Party in American Politics The Human Cost of the Welfare State Poor Regardless of the amendment's defeat in Is Responsible for Leading the Civic Discus- Americans are: sion About the American Idea. Trapped in Unsafe Housing. the Senate, we must not give up the fight for It is our Moral Responsibility. Maintained in Unsafe Neighborhoods. a balanced budget. We have the power to do The Majority Party must lead a New Dia- Saddled with rules that are anti-work, this without a constitutional amendment, and it logue to achieve the needed changes. That anti-family, and anti-property. is critical that we now demonstrate the collec- New Dialogue will lead to a New Partnership Forced to have their children attend public tive courage necessary to eliminate deficit with the American People. monopolies that cost a lot but accomplish spending. A majority of the House and Senate Through our New Dialogue, we can change little. has demonstrated its support for balancing the Today’s Public Opinion into Tommorrow’s In the name of ‘‘compassion’’ we have budget, and it would be a cruel hoax on the Public Judgment. funded a system that is cruel and destroys In 1995 we are at a crossroads. America has families. American people to fail to do so simply be- been in similar situations and always risen A Failed Welfare State. cause we do not have a constitutional impera- to the challenge. Welfare spending now exceeds $305 billion tive. ‘‘Our Generation has a Renedezvous with per year, for a total of $5 trillion since 1965— Nations, like families, have to plan for the Destiny’’—Franklin Delano Roosevelt, 1936. more than the cost of winning WWII. future. As a nation, we have failed to plan. We (Facing Nazi Germany, Fascist Italy and Im- This $305 billion is roughly 3 times the have borrowed to achieve a false sense of se- perial Japan.) amount needed to raise all poor Americans curity today, leaving the bills for our children to ‘‘We have nothing to fear but fear itself’’— above the poverty line. pay tomorrow. In 1994, alone, we spent $203 Franklin Delano Roosevelt, 1933. (Facing 25% Since 1970, the number of children in pov- unemployment in the Great Depression.) erty has increased 40%. billion more than we had. This means that ‘‘We have every right to dream heroic Since 1965, the juvenile arrest rate for vio- $783 was borrowed from every single person dreams * * * the crisis we are facing today lent crimes has tripled. in America. Over the past 20 years, the aver- ** * requires our best effort and our willing- Since 1990, the number of unmarried preg- age budget deficit has grown from $36 billion ness to believe in ourselves and to believe in nant teens has nearly doubled and teen sui- in the 1970's, to $156 billion in the 1980's, to our capacity to perform great deeds, to be- cide has more than tripled. the unprecedented $248 billion hole we have lieve that together with God’s help we can As Welfare Spending has Grown, So has il- dug for ourselves so far in the 1990's. This ir- and will resolve the problems which now legitimacy. responsible spending has resulted in a money confront us. After all, why shouldn’t we be- As Education Spending has Risen, SAT lieve that? We are Americans.’’—Ronald scores have fallen. pit so deep that this year's interest paymentÐ Reagan, 1/81—(Facing 13% inflation, 22% in- The failure of the welfare state strikes at $235 billionÐwill be larger than this year's terest rates, the Iranian hostage crisis and the heart of the American belief that every deficit of $176 billion. The Balanced Budget the Soviet Empire’s invasion of Afghani- citizen is endowed by Our Creator with cer- Enforcement Act of 1995 would stop this de- stan.) tain unalienable rights among which are life, structive trend. It would set us on the path to We have the opportunity to improve every liberty, and the pursuit of happiness. achieve a balanced budget by 2002. American’s life through 5 strategic improve- No Civilization can survive with: In closing, Mr. Speaker, I urge my col- ments: 12 Year olds having babies, 15 year olds leagues to cosponsor this important legisla- 1. Being Truly Compassionate by replacing killing each other, 17 year olds dying of the Welfare State with an Opportunity AIDS, and 18 year olds receiving diplomats tion. The sooner we begin a serious effort to Soviety; they can’t read. balance the budget, the better off our children 2. Restoring Freedom by ending Central- Furthermore, no civilization can survive and grandchildren will be. ized Bureaucratic Micromanagement; with parents and grandparents cheating f 3. Promoting Prosperity, Economic their children by refusing to Balance the Growth, and Take Home Pay by Reducing Budget and live within their means. WHERE WE GO FROM HERE: A DIA- Taxes, Litigation and Regulation; The legacy we’re leaving to our children: LOGUE OVER THE TRANS- 4. Creating Opportunity for every Amer- Moral and Fiscal Bankruptcy. FORMATION TO A BETTER ican by Leading the Transformation to a A program for a Better American Future AMERICAN FUTURE APRIL AND Third Wave, Information Age Society; begins with replacing the Welfare State with 5. Creating a Safe Future for Our Children an Opportunity Society. A cheap Welfare MAY 1995 and Our Retirement Years by Balancing the State is an inadequate response. Budget and Solving the Financial Crises in Transforming the Welfare State into an HON. NEWT GINGRICH funding. To Embrace change on this scale, Opportunity Society for the Poor requires: OF GEORGIA we must use an appropriate Planning Model: ∑ Shift from caretaking to caring—Morris Vision, Strategies, Projects, Tactics. Shechtman, Working Without a Net. IN THE HOUSE OF REPRESENTATIVES We have living proof America can succeed ∑ Welfare Reform that emphasizes work, Friday, April 7, 1995 in the 21st Century. family and opportunity—Charles Murray, Re- All around us scientists and entrepreneurs thinking the Social Welfare System, Losing Mr. GINGRICH. Mr. Speaker, I submit the are inventing a better future. Ground. following for the RECORD. All around us corporations are re-thinking ∑ Volunteerism and Spiritual Renewal— The American Opportunity: and re-engineering to produce more, better Marvin Olasky, The Tragedy of American Com- Creating a Safe and Prosperous Future for and faster, with fewer resources. passion. our Generation and Our Children. All around us the private sector and pri- ∑ Renewing the Basic Values of American The Coming Debate: vate citizens are changing, adapting and im- Civilization. Is not about just the Budget. proving. ∑ Tax Incentives for work, investment, and It is about America’s Future. When we have our plan thought out, we entrepreneurship—Jack Kemp, An American It is about the Doing the Right Thing. must lead by listening to others about their Renaissance, Desoto, The Other Path: Intro- It is about an opportunity to create the po- plans, their hopes and their fears. duction. tential for prosperity, safety and a better life Listen, Learn, Help, Lead. ∑ Re-establishing property ownership and for virtually every American. These are the 4 key steps to getting people full citizenship for the poor—Manhattan In- It will take hard systematic work and real to implement change on a large scale. stitute, City Journal, Spring 1993. change, but it can be done and it will im- Five Strategic Improvement will help us create ∑ Learning as the focus of Education— prove our lives and our children’s lives. a better government and a better America: Polly Williams, Wisconsin State Legislature. ‘‘Doing the Right Thing’’ Means: The First Strategic Improvement Being ∑ Government protection for the poor Being Truly Compassionate by replacing Truly Compassionate requires: Replacing the against violence and drugs—James Q. Wil- the Welfare State with an Opportunity Soci- Welfare State with an Opportunity Society. son, Crime; William Bennett, Heritage Foun- ety. It is a failed model of delivering goods and dation, Policy Review. Restoring Freedom by ending Centralized services to help people. It actually hurts the The Second Strategic Improvement Restor- Bureaucratic Micromanagement. poor. ing Freedom by Ending Centralized Bureau- Promoting Prosperity, Economic Growth, Its failure is reflected by the violence, bru- cratic Micromanagement by the Government and Take Home Pay by Reducing Taxes, tality, child abuse and drug addiction in in Washington. Litigation and Regulation. every local TV news broadcast. The Centralized, Washington-based system Creating Opportunity for every American The culture of violence increasingly per- of bureaucratic micromanagement has failed by Leading the Transformation to a Third meates our entertainment and denigrates in a diverse, continent-wide country. Wave, Information Age Society. our civilization. Reforms should emphasize decentralization Creating a Safe Future for Our Children The non-working, non-productive part of from Washington and return authority to and Our Retirement Years by Balancing the our society is a factor in the deficit and de- state and local governments. E 878 CONGRESSIONAL RECORD — Extensions of Remarks April 7, 1995 A general rule for decision making: For riod; 2.6% Annual Growth Rate; 1% Annual ‘‘Social Security will face a cash deficit in local problems, local government is better Personal Income Increase. 2013, the unified deficit will increase unless than national government and the private Imagine if America had matched the Japa- taxes are raised or benefits reduced and (it) sector is better than local government. nese in Economic Growth over a similar pe- could come even earlier (1999).’’—OMB Direc- The private sector includes non-profits as riod: tor—Alice Rivlin, 10/94. well as for-profit activities. Real GDP would have been $1.7 trillion Their debt numbers actually understate Elected Leaders have Four Roles in this New greater. the problem because they fail to account for Opportunity Society: Per Capita Income would have been $8,519 4 additional powerful factors: Visionary Definer and Value Articulator. greater. 1. The taxpayers’ burden in paying interest Symbol of Community Power and Stand- Federal Revenues would have been $365 bil- on the debt; ing. lion greater. 2. The cost of higher interest rates caused Recruiter of Talent and Energy for Private The Federal Budget Deficit would have had by federal government’s borrowing; Sector Solutions. a $179.6 billion Surplus rather than a $185.7 3. The imminent financial crisis in Medi- Administrator and Manager of the Govern- billion deficit in 1984. care; ment. Greater American Competitiveness and In- 4. The soon to be retiring Babyboomers and When Re-Thinking the Federal Government, creased Economic Growth Requires: their effect on the Social Security Trust we must ask: A Tax Code that favors work, savings and Fund. 1. Does the Community Leadership have an investment. Fact: Every Citizen will have to pay a lot interest in making this happen even without Less litigation. in taxes for interest on the debt. Federal intervention? Less regulation and Red Tape. The Current Budget Deficit is Projected by 2. Is it something which is morally and Lean and Effective Bureaucracies. to continue growing into the future without spiritually more appropriate in a nonprofit, Lifetime learning. solution. voluntary system? Entrepreneurial culture. Debt in 1995 $4,800,000,000,000. 3. Does the project symbolize and commu- Sensible government investments in infra- Interest for Debt in 1995 $235,000,000,000. nicate the values we want the society and structure. Debt in 2005 $7,533,000,000,000. culture to be reinforcing? Government research and development Interest on Debt in 2005 $412,000,000,000. 4. Can a private, for-profit business achieve leading to corporate product development Cumulative Interest, 1995–2009 the same goal as well or better than the gov- and marketing. $5,212,000,000,000. ernment? More aggressive U.S. government support Over the next 15 years, we’ll pay as much 5. If there a Third Wave Information Age of exports and more effective enforcement of in taxes just to pay interest on the debt as technology that improves service or lowers trade agreements. today’s entire debt: cost or does both? The Fourth Strategic Improvement Creat- Debt in 1995, $4.8 trillion. 6. If government is the best place to do it, ing Opportunity by Leading the Trans- Interest on the Debt, 1995–2009, $5.2 trillion. can it be done at the state or local level? formation to a Third Wave, Information Age The following Americans will pay a lot just 7. If the Federal government is the best Society. on interest on the debt that builds up over place to do it, where is it on the priority America needs to lead the world into the their entire lives: list? Can we afford to do it? emerging Third Wave Information Revolu- 8. Have we thought through the least ex- tion and its new technologies. Interest payments over a lifetime of 75 years. pensive, most citizen oriented, most entre- The Information Age will create opportuni- Year of birth: preneurial way to do it with maximum satis- ties in a wide range of areas: Robert, 1959 ...... $75,851 faction and minimum resources? Computers. Mary, 1974 ...... 115,724 The Third Strategic Improvement Promot- Worldwide Electronics. ing Economic Growth, Jobs and Prosperity by Molecular Medicine. Sally, 1995 ...... 187,150 Reducing Taxes, Litigation and Regulation. Breakthroughs in Material Technology. Our spending today saddles our children The American Economy needs to grow Exploring and Manufacturing in Space. with debt tomorrow. Sally will have to pay within an increasingly competitive world Microminiaturization. $187,150 in taxes for interest on the debt to fi- market: to provide more jobs and increased Virtual Reality. nance her parents and grandparents’ Medi- take home pay, to provide resources for In the Third Wave Information Age, we can care and Social Security before she begins charities, local and state governments, to in- do Far More for Far Less. paying taxes for any government services crease revenues so the Federal government All over America, companies and institu- that benefit her. budget can be balanced without raising tions are finding ways of doing more for less. In 1997, we will pay more for interest on taxes, to pay for Social Security and Medi- care in the 21st Century. Over the last 15 years, one major auto- the debt than we’ll pay for National defense. As Washington Grows, the Economy Slows. motive company has transformed itself In just 17 years, spending on entitlements The Middle Class Squeeze: through new technology and a new culture of and interest on the debt will consume all tax Today most families are working harder— quality and productivity. revenues. they’re just not getting ahead. They produce the same number of cars at The only item in the budget we’ll be able 1 1 Federal Taxes as a Share of Median House- 2 ⁄2, but ⁄2 the work-force. to afford is interest on the debt and entitle- hold Income have risen steadily. Consider what a government that matched ments—discretionary spending will be be- Middle Class Anxiety is Justified. that standard would look like. yond our means. Creating more effective government that Consider how much we could improve serv- Fact: Budget deficits raise interest rates needs fewer resources will allow us to lower ices, reduce spending, reduce taxes and bal- and cost everyone additional money. taxes and increase take home pay for work- ance the budget with this approach. What a Balanced Budget will mean for ing middle class families. Re-inventing the old government isn’t most Americans: Re-engineering government to cut out good enough. One recent estimate is that a balanced waste, lower costs, increase productivity and New Breakthroughs do not fit into the tra- budget would reduce interest rates up to 2%. increase quality will also allow us to lower ditional model of government. 2% lower on your car, your mortgage, your taxes on entrepreneurs and inventors so we New Breakthroughs require Bold Rethink- credit card, your family farm. These lower can create more Economic Growth. ing based on Druker, Deming and others. interest rates will make America a much Economic Growth is the consistently un- We must apply these New Breakthroughs more competitive economy in the world mar- derestimated contributor to our economic as part of replacing the Welfare State with ket. well-being. an Opportunity Society. With a Balanced Budget lowering interest In 7 years, the difference between the high In a Successful 21st Century government, rates (the Balanced Budget Dividend), ex- and low economic growth projections means: we can replace the wasteful bureaucracies of perts believe the American economy will: $1,826 billion swing in the size of the Fed- today with programs that serve citizens and Create 4.3 million more jobs in 10 years. eral budget deficit, $1,432 billion swing in save tax dollars. Increase per capita incomes 16.1%. Federal revenues. The Fifth Strategic Improvement Creating Generate $235 billion more revenue for the $19,007 swing in what individuals could a Safe Future for Our Children and Ourselves Federal Government without a tax increase. make over 7 years. by Balancing the Budget and Solving the Fi- Generate $232 billion more revenue for High Growth Rates can be achieved and nancial Crises in Medicare and Social Secu- State and Local Governments without a tax sustained and are a response to following the rity. increase. right policies—just as good health comes The Budget Deficit combined with the Fact: The imminent crisis in Medicare from good nutrition and exercise. Baby-Boomers’ coming retirements will funding is real and unavoidable. It must be Example: cause a crisis of Historic Proportions unless corrected within the next few years. Japan 1975—1993: 18 Years without a Reces- the problem is honesty faced and managed Medicare Spending will soon outrun Reve- sion; 4.3% Annual Growth Rate; 3.7% Annual well in advance. nues, and its deficit will climb. Personal Income Increase. The Debt Consumes America. Medicare goes bankrupt in 6 years. Compared with America’s performance: The defenders of the Welfare State know a Because a centralized government monop- 1975–1993: Three Recessions during that pe- crisis is coming. oly is inherently inefficient, wasteful and April 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 879 too slow to adopt to new ideas and new solu- even know it. If Danny can’t provide for his Every American safe from violence and tions. own future, how can he provide for Ameri- drugs. Medicare Must be Transformed. ca’s? Every person will be integrated into the Fact: When the Baby-Boomers begin to re- Theresa: A poor inner-city 15 year-old world of work, property, and achievement. tire, they will put enormous pressure on the whose life is bleak and future uncertain. If A healthy environment will be managed Federal Budget. Theresa is unable to break the cycle of pov- through sound science and a common sense, The Baby-Boomers’ retirement threatens erty, violence and drug addiction, how will effective and economical approach. the Social Security Trust Fund. she be able to contribute to America’s? New technologies and new approaches will It drains the Social Security Trust Fund, All of the world’s children rely on Amer- extend opportunities in learning, health and and adds to the already massive deficit. ican leadership for a safe, free and pros- jobs to the poorest rural and inner-city Faced with combined deficits on this gi- perous future. neighborhoods. gantic scale, the politicians of 2013 will only There is no alternative Leader. Government will be lean, customer respon- have four choices: The alternative to a strong America is a sive and effective. Ruthless Spending Cuts of Unprecendented dark and bloody planet: Bosnia, Somalia, A Renewed American Civilization with a Depth. Rwanda, Haiti, Chechnya. renewed understanding of ‘‘Our Creator’’, our Massive Tax Increases. For our Children’s sake, our country’s traditions and our institutions and in vol- Cuts in Social Security. sake, and the world’s sake, we must wrest untary and non-profit charities and activi- Financial crises leading to inflation. control from those who refuse to take re- ties. Recap: The Four Fiscal Facts that make sponsibility and insist on a plan to create a The best system of health in the world. change in the Federal Government unavoid- Safe and Prosperous Future for our children Effective lifetime learning. able are: and our own retirement years. New technologies and approaches to create 1. Rising cost to taxpayers of interest on The Steps to a Do-able, Practical, Common the fullest possible participation of every the debt; Sense Balanced Budget Plan Follow: American with disabilities. 2. Cost to everyone of higher interest rates 1995 Revenues—$1.419 Trillion. A pro-entrepreneur, pro-science and tech- caused by the deficit; 2002 Revenues—$1.788 Trillion. nology, pro-savings and investment America 3. Imminent crisis in Medicare funding; 2002 Spending=2002 Revenues. that is inventing the best products with the 4. Shift in Social Security from surplus to $1.788 trillion=$1.788 trillion, Budget Bal- highest values in the world. deficit as the Baby-Boomers start retiring. anced. Job opportunities for every American with 5. Strategic Improvements define ‘‘Doing Total Spending for Last 7 Years 1989–1995: the greatest value-added, highest productiv- the Right Thing’’: $9.5 Trillion. ity, largest incomes and best job security in Restoring Freedom by ending Centralized Total Spending for Next 7 Years Under a the world as the best exporting country that Bureaucratic Micromanagement. Balanced Budget 1996–2002: $11.7 Trillion. creates American jobs through world sales. Promoting Prosperity, Economic Growth, Social Security is off the table. Low taxes so incomes translate into take and Take Home Pay by Reducing Taxes, Social Security Spending: home pay and the family budget has prece- Litigation and Regulation. 1989–1995=$1.997 Trillion. dence over the government budget. Creating Opportunity for every American 1996–2002=$2.892 Trillion. A regularly balanced federal budget with by Leading the Transformation to a Third Non Social Security Spending will still go declining national debt so money will main- Wave, Information Age Society. up every year: tain honest value without inflation, taxes to Creating a Safe Future for Our Children 1989–1995=$7.5 Trillion. pay interest will be declining and interest and Our Retirement Years by Balancing the 1996–2002=$8.8 Trillion. rates will be low. Budget and Solving the Financial Crises in The Key to getting to a Balanced Budget is The Time for Cheating our Children has funding Medicare and Social Security. to be sufficiently Innovative, Creative and Ended. The story of two children provide ques- Transformational to meet America’s Key The Time to Balance the Budget has Ar- tions about the future: needs while spending $11.7 trillion over the rived. Danny: A successful suburban 18 year-old next 7 years. America’s Future requires a New Dialogue whose family is well-off and his otherwise If we Fulfill our Destiny, we’ll achieve: Our and a New Partnership with the American bright future is threatened and he doesn’t Vision of a 21st Century America. People. Friday, April 7, 1995 Daily Digest Senate S. 378, to authorize the Secretary of the Interior Chamber Action to exchange certain lands of the Columbia Basin Routine Proceedings, pages S5527–S5559 Federal reclamation project, Washington. (S. Rept. Measures Introduced: Eight bills and one resolu- No. 104–38) tion were introduced, as follows: S. 711–718, and S. S. 392, to amend the Dayton Aviation Heritage Res. 109. Page S5547 Preservation Act of 1992 with regard to appoint- ment of members of the Dayton Aviation Heritage Measures Reported: Reports were made as follows: Commission. (S. Rept. No. 104–39) S. 115, to authorize the Secretary of the Interior S. 551, to revise the boundaries of the Hagerman to acquire and to convey certain lands or interests in Fossil Beds National Monument and the Craters of lands to improve the management, protection, and the Moon National Monument. (S. Rept. No. administration of Colonial National Historical Park, 104–40) with an amendment. (S. Rept. No. 104–30) S. 587, to amend the National Trails System Act S. 127, to improve the administration of the to designate the Old Spanish Trail and the Northern Women’s Rights National Historical Park in the Branch of the Old Spanish Trail for potential inclu- State of New York, with an amendment in the na- sion into the National Trails System. (S. Rept. No. ture of a substitute. (S. Rept. No. 104–31) 104–41) S. 134, to provide for the acquisition of certain S. 601, to revise the boundaries of the Blackstone lands formerly occupied by the Franklin D. Roo- River Valley National Heritage Corridor in Massa- sevelt family, with an amendment in the nature of chusetts and Rhode Island. (S. Rept. No. 104–42) a substitute. (S. Rept. No. 104–32) S. 610, to provide for an interpretive center at the S. 188, to establish the Great Falls Historic Dis- Civil War Battlefield of Corinth, Mississippi. (S. trict in the State of New Jersey. (S. Rept. No. Rept. No. 104–43) 104–33) H.R. 400, to provide for the exchange of lands S. 197, to establish the Carl Garner Federal Lands within Gates of the Arctic National Park and Pre- Cleanup Day, with an amendment in the nature of serve, with an amendment in the nature of a sub- a substitute. (S. Rept. No. 104–34) stitute. (S. Rept. No. 104–44) S. 223, to authorize the Secretary of the Interior H.R. 440, to provide for the conveyance of lands to provide funds to the Palisades Interstate Park to certain individuals in Butte County, California. (S. Commission for acquisition of land in the Sterling Rept. No. 104–45) Forest area of the New York/New Jersey Highlands H.R. 536, to extend indefinitely the authority of Region. (S. Rept. No. 104–35) the Secretary of the Interior to collect a commercial S. 357, to amend the National Parks and Recre- operation fee in the Delaware Water Gap National ation Act of 1978 to establish the Friends of Recreation Area. (S. Rept. No. 104–46) Kaloko-Honokohau, an advisory commission for the H.J. Res. 50, to designate the visitors center at Kaloko-Honokohau National Historical Park. (S. the Channel Islands National Park, California, as the Rept. No. 104–36) ‘‘Robert J. Lagomarsino Visitors Center’’. (S. Rept. No. 104–47) S. 363, to improve water quality within the Rio Special Report prepared by the Permanent Sub- Puerco watershed, New Mexico, and to help restore committee on Investigations entitled ‘‘Criminal the ecological health of the Rio Grande through the Aliens in the United States’’. (S. Rept. No. 104–48) cooperative identification and implementation of best Page S5546 management practices that are consistent with the ecological, geological, cultural, sociological, and eco- Measures Passed: nomic conditions in the region. (S. Rept. No. Commending Senator Robert C. Byrd: Senate 104–37) agreed to S. Res. 109, extending the appreciation D 501 D 502 CONGRESSIONAL RECORD — DAILY DIGEST April 7, 1995 and gratitude of the United States Senate to Senator Executive Reports of Committees: Pages S5546±47 Robert C. Byrd, on the completion by the Senator Statements on Introduced Bills: Pages S5547±52 of the 4 volume treatise entitled ‘‘The History of the United States Senate.’’ Pages S5536±38 Additional Cosponsors: Page S5552 Law Enforcement Officer Integrity: Committee Authority for Committees: Page S5553 on the Judiciary was discharged from further consid- Additional Statements: Pages S5553±58 eration of S.J. Res. 32, expressing the concern of the Adjournment: Senate convened at 10:30 a.m. and, Congress regarding certain recent remarks that un- in accordance with the provisions of H. Con. Res. fairly and inaccurately maligned the integrity of the 58, adjourned at 12:48 p.m., until 12 noon, on Nation’s law enforcement officers, and the resolution Monday, April 24, 1995. was then passed. Page S5538 Committee Authority: On Thursday, April 6, a consent agreement was reached providing that com- Committee Meetings mittees have authority to file legislative and execu- (Committees not listed did not meet) tive reports during the adjournment of the Senate on Tuesday, April 18, from 10 a.m. to 3 p.m. SOCIAL SECURITY AND DISABILITY Nominations Confirmed: Senate confirmed the fol- TRUST FUNDS lowing nomination: Committee on Finance: Subcommittee on Social Secu- Dennis M. Duffy, of Pennsylvania, to be an As- rity and Family Policy held hearings to examine the sistant Secretary of Veterans Affairs (Policy and Plan- 1995 Board of Trustees Annual Report of the Social ning). Page S5559 Security and Disability Trust Funds, receiving testi- Nominations Received: Senate received the follow- mony from Senator Kerrey; Shirley S. Chater, Com- ing nominations: missioner, and Harry Ballantyne, Chief Actuary, 1 Army nomination in the rank of Chief of Staff both of the Social Security Administration, Depart- of the Army. Page S5559 ment of Health and Human Services; and Stanford Messages From the House: Page S5546 Ross, Washington, D.C., and David Walker, At- lanta, Georgia, both Public Trustees of the Social Se- Measures Referred: Page S5546 curity and Medicare Trust Funds. Measures Read First Time: Page S5546 Hearings were recessed subject to call. h House of Representatives Columbia through the establishment of the District Chamber Action of Columbia Financial Responsibility and Manage- Bills Introduced: Fifty-nine public bills, H.R. ment Assistance Authority—clearing the measure for 1468–1526; and three resolutions, H. Con. Res. the President. Pages H4421±23 61–63, were introduced. Pages H4430±33 Calendar Wednesday: Agreed to dispense with Cal- Speaker Pro Tempore: Read a letter from the endar Wednesday business of May 3, 1995. Speaker wherein he designates Representative Burton Page H4423 of Indiana to act as Speaker pro tempore for today. Resignations—Appointments: It was made in Page H4417 order that notwithstanding any adjournment of the Designation of Speaker Pro Tempore: Read a let- House until Monday, May 1, the Speaker and the ter from the Speaker wherein he designates Rep- Minority Leader be authorized to accept resignations resentative Wolf to act as Speaker pro tempore to and to make appointments authorized by law or by sign enrolled bills and joint resolutions through May the House. Page H4423 1, 1995. Page H4417 Quorum Calls—Votes: No quorum calls or votes District of Columbia Financial Responsibility: developed during the proceedings of the House House agreed to the Senate amendments to H.R. today. 1345, to eliminate budget deficits and management inefficiencies in the government of the District of April 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 503 Adjournment: Met at 11:00 a.m., and pursuant to H. Con. Res. 58, adjourned at 11:53 a.m., until Joint Meetings 12:30 p.m. on Monday, May 1. MARCH EMPLOYMENT SITUATION Joint Economic Committee: Committee held hearings on the employment-unemployment situation for March, Committee Meetings receiving testimony from Katharine G. Abraham, Commissioner, Bureau of Labor Statistics, Depart- INTERIOR APPROPRIATIONS ment of Labor. Committee on Appropriations: Subcommittee on Interior Committee will meet again on Friday, May 5. (and Related Agencies) held a hearing on the Frank- lin Delano Roosevelt Memorial Commission, the Na- FORMER YUGOSLAVIA tional Capital Planning Commission, and on the Commission on Security and Cooperation in Europe (Hel- Pennsylvania Avenue Development Corporation. Tes- sinki Commission): Commission met in closed session timony was heard from Senator Hatfield, Co-Chair- to receive a briefing on certain United Nations ac- man, Franklin Delano Roosevelt Memorial Commis- tivities and concerns in the former Yugoslavia and in sion; Harvey Gant, Chairman, National Capital several of the New Independent States of the former Planning Commission; and Richard Hauser, Chair- Soviet Union from Sergio Vieria de Mello, United man, Pennsylvania Avenue Development Corpora- Nations High Commissioner for Refugees. tion. Commission recessed subject to call. D 504 CONGRESSIONAL RECORD — DAILY DIGEST April 7, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, April 24 12:30 p.m., Monday, May 1

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: Legislative program to be an- morning business (not to extend beyond 1:00 p.m.), Sen- nounced. ate will begin consideration of H.R. 956, to establish legal standards and procedures for product liability litiga- tion.

Extensions of Remarks, as inserted in this issue

HOUSE Harman, Jane, Calif., E815 Olver, John W., Mass., E850 Hastert, J. Dennis, Ill., E835 Owens, Major R., N.Y., E848 Ackerman, Gary L., N.Y., E834 Hayes, James A., La., E829 Packard, Ron, Calif., E840 Baker, Richard H., La., E863 Heineman, Frederick K. (Fred), N.C., E869 Pallone, Frank, Jr., N.J., E854, E859 Barcia, James A., Mich., E822, E842, E869 Horn, Stephen, Calif., E832 Pastor, Ed, Ariz., E822, E841 Bilirakis, Michael, Fla., E836 Houghton, Amo, N.Y., E819 Pelosi, Nancy, Calif., E837 Brown, George E., Jr., Calif., E834, E837 Hoyer, Steny H., Md., E864 Poshard, Glenn, Ill., E858, E861, E864, E868, E874 Castle, Michael N., Del., E869 Johnson, Sam, Tex., E821 Rangel, Charles B., N.Y., E870 Chenoweth, Helen, Idaho, E870 Kingston, Jack, Ga., E828 Richardson, Bill, N. Mex., E838 Clay, William (Bill), Mo., E826 LaFalce, John J., N.Y., E855, E860 Roemer, Tim, Ind., E816, E858, E861 Clyburn, James E., S.C., E850 Levin, Sander M., Mich., E819 Royce, Edward R., Calif., E872 Coble, Howard, N.C., E851 Lincoln, Blanche Lambert, Ariz., E848, E864 Rush, Bobby L., Ill., E849 Cunningham, Randy ‘‘Duke’’, Calif., E870 Lipinski, William O., Ill., E844, E851 Schumer, Charles E., N.Y., E869 DeLauro, Rosa L., Conn., E864 Lofgren, Zoe, Calif., E831, E872 Scott, Robert C., Va., E829 Diaz-Balart, Lincoln, Fla., E829 Lowey, Nita M., N.Y., E844 Smith, Christopher H., N.J., E833, E845, E866 Dixon, Julian C., Calif., E870 Luther, William P., Minn., E835 Solomon, Gerald B.H., N.Y., E842 Fazio, Vic, Calif., E815, E841 McHugh, John M., N.Y., E820 Stark, Fortney Pete, Calif., E826, E846 Fields, Jack, Tex., E868 McKeon, Howard P. ‘‘Buck’’, Calif., E862 Stokes, Louis, Ohio, E816 Filner, Bob, Calif., E865 Maloney, Carolyn B., N.Y., E827 Studds, Gerry E., Mass., E815 Flanagan, Michael Patrick, Ill., E821 Manton, Thomas J., N.Y., E815, E817 Stump, Bob, Ariz., E816 Foglietta, Thomas M., Pa., E825, E845 Markey, Edward J., Mass., E820, E851 Tauzin, W.J. (Billy), La., E857, E861 Forbes, Michael P., N.Y., E840, E851, E858 Menendez, Robert, N.J., E817, E825, E854, E860, E862 Traficant, James A., Jr., Ohio, E834 Frelinghuysen, Rodney P., N.J., E871 Meyers, Jan, Kans., E871 Vento, Bruce F., Minn., E850, E852, E859 Gallegly, Elton, Calif., E837 Miller, George, Calif., E823, E838 Visclosky, Peter J., Ind., E876 Gibbons, Sam, Fla., E821 Minge, David, Minn., E822 Vucanovich, Barbara F., Nev., E836 Gingrich, Newt, Ga., E877 Moakley, John Joseph, Mass., E850, E862 Walsh, James T., N.Y., E825 Gonzalez, Henry B., Tex., E849 Montgomery, G.V. (Sonny), Miss., E823, E840 Wolf, Frank R., Va., E829 Goodling, William F., Pa., E871 Nadler, Jerrold, N.Y., E820 Woolsey, Lynn C., Calif., E822, E841 Hamilton, Lee H., Ind., E874 Norton, Eleanor Holmes, D.C., E852, E859, E862, E864 Young, Don, Alaska, E817, E855, E860

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