156 CONGRESSIONAL RECORD-HOUSE January 26, 1994 HOUSE OF REPRESENTATIVES-Wednesday, January 26, 1994

The House met at 12 noon. lie for which it stands, one Nation under THREE STRIKES AND YOU'RE OUT The Rev. Richard Gowty, St. David's God, indivisible, with liberty and justice for all. (Mr. VOLKMER asked and was given Episcopal Church, Austin, TX, offered permission to address the House for 1 the following prayer: minute and to revise and extend his re­ Almighty and everlasting God; we marks.) praise You for all that You have done SUNDRY MESSAGES FROM THE Mr. VOLKMER. Mr. Speaker, today I for this Nation, calling it to a position PRESIDENT introduced an anticrime bill that is of trust and responsibility among the Sundry messages in writing from the aimed at curbing the rising tide of nations of the world. On this day, the President of the United States were crime in this country by getting our National Day of Australia, we give communicated to the House by Mr. most violent criminals and drug deal­ thanks for the special relationship be­ Kalbough, one of his secretaries. ers off the streets for good. My legisla­ tween Australia and the United States. tion is a three strikes and you're out Strengthen that bond between us, bill that will put violent criminals and Lord, as we both strive to deepen our drug dealers away for life-no excep­ APPOINTMENT AS MEMBER OF national roots in Your everlasting tions-if they have three felony convic­ righteousness. TASK FORCE REGARDING MILI­ tions. Every law-abiding American is Guide with Your eternal wisdom all TARY BASES SCHEDULED FOR sick and tired of hearing horror stories who sit in this seat of Government. CLOSURE of convicted violent felons released on Give them wisdom and integrity, that The SPEAKER. Pursuant to the pro­ parole committing unspeakable acts of they may be equal to their high call­ visions of section 2923 of Public Law violence and drug dealers getting off ing. Make them respectful in the use of 101-510 and section 125(b)(2) of Public easy. Our inability to keep the most freedom, just in the exercise of power, Law 102-380, the Speaker and the ma­ violent felons and drug dealers in jail is and compassionate in the protection of jority leader of the Senate jointly ap­ a serious problem that we must address the weak. point Mr. Paul 0. Reimer to the task now. President Clinton strongly sup­ All this we ask in the name of our force to make findings and rec­ ports three strikes and you're out and God, the Ruler and Sovereign Lord of ommendations for environmental res­ so do many of our colleagues. Let us all nations. Amen. toration at military bases scheduled act now and send a strong message to for closure, effective January 26, 1994. murderers and drug dealers that we THE JOURNAL will not tolerate this any longer. Let's make three strikes and you're out the The SPEAKER. The Chair has exam­ law of the land. ined the journal of the last day's pro­ WELCOME TO THE REVEREND ceedings and announces to the House RICHARD GOWTY his approval thereof. (Mr. PICKLE asked and was given 0 1210 Pursuant to clause 1, rule I, the Jour­ permission to address the House for 1 nal stands approved. minute and to revise and extend his re­ THREE-TIME-LOSER LAWS Mr. TRAFICANT. Mr. Speaker, pur­ marks.) GAINING POPULARITY suant to clause 1, rule I, I demand a Mr. PICKLE. Mr. Speaker, I am (Mr. LIVINGSTON asked and was vote on agreeing to the Speaker's ap­ proud to welcome to the floor today given permission to address the House proval of the Journal. our guest chaplain, the Most Reverend for 1 minute and to revise and extend The SPEAKER. The question is on Richard Gowty, assistant rector of the his remarks.) the Chair's approval of the Journal. St. David's Episcopal Church in Austin, Mr. LIVINGSTON. Mr. Speaker, that The question was taken, and the TX. was a great idea, a great speech, and I Speaker announced that the ayes ap­ He refers to himself as the Australian . applaud the gentleman that just pre­ peared to have it. minister, temporarily in Austin. He is ceded me. Mr. TRAFICANT. Mr. Speaker, I ob­ joined today here by his lovely and lov­ On January 24, Mr. Speaker, the ject to the vote on the ground that a ing wife, Maggie. Washington Post front page story re­ quorum is not present and make the I am especially happy that Reverend ported on the popularity of the three­ point of order that a quorum is not Gowty has joined us today, since he is time-loser laws against violent repeat present. a native of Australia and today is their offender criminals. Thirty State legis­ The SPEAKER. Pursuant to clause 5 national holiday. It was on this date latures are considering the sensible of rule I, further proceedings on agree­ 206 years ago that the British fleet idea that a third-time violent felon ing to the Chair's approval of the Jour­ landed in Botany Bay, and the past two should be jailed for life, and Governors, nal will be postponed. The point of no centuries have seen Australia grow such as California's Pete Wilson and quorum is considered withdrawn. into one of the most stable and vibrant New York's Mario Cuomo agree. democracies on Earth and a great ally Yet, Mr. Speaker, that very same of the United States. paper on that same day reported that PLEDGE OF ALLEGIANCE So, I am pleased to welcome my con­ my three strikes and you're out lifer The SPEAKER. The Chair recognizes stituent, Reverend Gowty-he may hail bill, which has been in the House for the gentleman from Georgia [Mr. from the land down sou th down under, the last year-and-a-half to 2 years, LINDER] to lead the House in the but he and his Austin congregation faces a very difficult time in the House Pledge of Allegiance. today are on top of the world. of Representatives. Why? I do not Mr. LINDER led the Pledge of Alle­ Australians and Texans have a great know. giance as follows: deal in common. We understand each The President of the United States I pledge allegiance to the Flag of the other-even occasionally we can under­ just last night endorsed the concept. United States of America and to the Repub- stand their language as we do today. One hundred eighty-seven Members

DThis symbol represents the time of day during the House proceedings, e.g., 01407 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. January 26, 1994 CONGRESSIONAL RECORD-HOUSE 157 have cosponsored my bill. I ask, "Don't Candidate Clinton promised health safe streets and sound health care by my other colleagues know that 6 per­ care reform, but President Clinton acting on them without delay. cent of violent criminals commit 70 wants to deliver a monstrous, govern­ percent of all violent crime? Doesn't it ment-run, bureaucratic nightmare that AMERICAN TAXPAYERS, REJOICE! make sense to lock up the worst of the is not reform. people in our society forever?" The President promises the American (Mr. HEFLEY asked and was given Mr. Speaker, I think it does make people the Moon but delivers higher permission to address the House for 1 sense. It is something we must do so taxes, more regulation, and less effec­ minute.) that our families can walk their neigh­ tive government. My constituents have Mr. HEFLEY. Mr. Speaker, it is a borhoods and their streets without told me they hope health care reform new year and we can rejoice! Rejoice fear. will not hurt them too much. Mr. that the taxpayers of America are rid Let us stop making excuses and pos­ President, take a page out of the Hip­ of Lawrence Walsh! He is no longer at turing politically. Let us pass a lifer pocratic Oath and create your own bu­ the public trough. bill, a meaningful lifer bill, now. Seven years he lived off the fat of the reaucratic oath: First do no harm. land. Keep the promises to the campaign Seven years of limousines, room serv­ OUR COUNTRY NEEDS JOBS trail and let us do no harm. Deliver no ice, the most expensive place to live in harm to hardworking Americans, who Washington, and posh office space. (Mr. TRAFICANT asked and was already pay 40 percent of their incomes given permission to address the House Seven years of trying to prove his in taxes; no harm to employers who are preconceived notion that Reagan and for 1 minute and to revise and extend in the best position to create new jobs; his remarks.) Bush were guilty of something-please Mr. TRAFICANT. Mr. Speaker, Presi­ and no harm to our health care system. anything. dent Clinton hit a home run last night. Seven years and 40 million of our tax That is exactly the way it is, and the TIME TO PUT THE EMPHASIS ON dollars-and for what? A 566-page re­ President must be given credit for plac- CRIME AND HEALTH CARE RE­ port costing $70,641 per page without 1.ng health care, welfare, and crime re­ FORM one shred of evidence of wrongdoing on the part of either Reagan or Bush and form on the agenda. (Mr. GENE GREEN of Texas asked However, my colleagues, Congress no new revelations that we did not and was given permission to address know from the start. can provide health care for all, but the House for 1 minute and to revise what really is needed is a job. Congress So what does he do? He says Reagan, and extend his remarks.) while not guilty of anything, created can throw the book at all these young Mr. GENE GREEN of Texas. Mr. offenders, but what really is needed is the atmosphere for wrong doing. Come Speaker, last night President Clinton on. a job. Congress can reform welfare all outlined his plans for this Congress, Mr. Walsh is a disgrace to himself, they want. What is really needed is a and in doing so he brought the de­ his profession, his native Oklahoma, job. And with a tax law right now that mands of the American people to this and his Nation, a very expensive dis­ penalizes investment in achievement body for action. During this past year, grace who milked us unmercifully. He and a trade law policy in this country we cut the deficit growth and kept in­ should be ashamed of himself and we that ships jobs overseas and lays people terest rates low. It is time we put that are ashamed of him. off, that is not going to happen. same emphasis on the problems of Congress, it is about jobs, and Con­ crime control and health care reform. gress has made jobs a real four-letter The President should be congratu­ PROTECT THE PUBLIC FROM word. I give the President credit, but lated for his proposal to put repeat NUCLEAR WASTE this cyclical economic turnaround can criminal offenders away for good. This (Mr. KREIDLER asked and was given turn the other way. We have systemic is a real first step toward taking our permission to address the House for 1 problems. minute and to revise and extend his re­ Mr. Speaker, our country needs jobs. streets back, and I hope that my col­ leagues from both sides of the aisle will marks.) work together to make this plan a re­ Mr. KREIDLER. Mr. Speaker, we can STATE OF THE UNION AND ality. never be too careful when dealing with HEALTH CARE Aside from crime control we must nuclear material. That is a lesson we have just learned again with the disclo­ (Mr. GRAMS asked and was given also begin to look past the rhetoric and enact meaningful heal th care reform sure of our Government's radiation ex­ permission to address the House for 1 periments. minute and to revise and extend his re­ for all Americans. Heal th care reform will mean stability for American fami­ That is why I am introducing legisla­ marks.) tion to restrict the shipment of spent Mr. GRAMS. Mr. Speaker, last lies as well as our economy. The rising cost of health care is crippling the abil­ nuclear fuel-the waste generated by evening President Clinton delivered a nuclear reactors. marvelous campaign speech that is cer­ ity of American companies to compete In order to keep foreign countries tain to give Americans great hope and inaction by this body can nb longer from developing nuclear weapons, the about what he will deliver this year. be excused. United States agreed to provide fuel for However, the campaign is over and Mr. Over the last several days we have foreign reactors and to take back the Clinton must deliver and be held ac­ been preoccupied with the retirement waste. countable on his campaign promises. announcements that various Members Shipping this fuel poses serious risks . His track record is not very good. have made, so I ask you to consider the to workers who handle it and to the Candidate Clinton promised middle retirement prospects of the typical public. class tax relief, but President Clinton American worker who faces a stagnant Before this material is transported delivered the largest tax increase in retirement income that is constantly through our communities, workers and U.S. history. eroded by the rising cost of prescrip­ residents must be assured that ade­ Candidate Clinton promised to tion drugs and increasing Medicare pre­ quate safeguards are in place. "grow" the economy, but President miums. The uncertainty this retiree My bill would allow local port au­ Clinton has delivered more unfunded faces is unnecessary and avoidable if thorities to require the Department of mandates on small businesses, higher we do right by our senior citizens dur­ Energy to meet specific safety guide­ taxes, more regulation, and a new ing our deliberations on health care re­ lines set by the port before it can ship health care payroll tax that will kill form. this material. jobs, full-time employment opportuni­ The President's plans are ambitious I urge my colleagues to join me in ties, and put small businesses out of and far-reaching and this body has a helping our communities protect them­ business. chance to give the American people selves from hazardous nuclear waste. 158 CONGRESSIONAL RECORD-HOUSE January 26, 1994 THREE STRIKES AND YOU'RE OUT what it takes to be a leader. He presented his pensate those individuals who were the (Mr. STEARNS asked and was given priorities to the country and, in the opinion of subjects of secret Government radi­ permission to address the House for 1 most Americans, they overwhelmingly agreed. ation tests. minute and to revise and extend his re­ The President knows that the people are Over the last few months, we have marks.) demanding action on crime with tough sen­ been hearing about some of these ex­ Mr. STEARNS. Mr. Speaker, I rise tencing and effective prevention. periments. We have learned, for exam­ today to urge Americans to give Presi­ They are demanding we pass a health care ple, that mentally retarded children plan providing universal coverage that can't be were fed food containing radioactive dent Clinton a third chance to show material. We learned that pregnant that he can follow through his words taken away or denied due to preexisting con­ ditions. women were given radioactive medica­ with action. Because so far, the Presi­ tion. We have learned about radiation dent's been like a baseball player who's And the people want us to get to work on reforming the welfare system, as the President experiments conducted on veterans in all talk and no stick. VA hospitals. And we have learned The President took a good looking said last night, to make welfare a second chance, not a way of life. about 18 people who were injected with stance as he climbed into the box last plutonium. year to give his budget message. But, The President and the American people can demand action, but its the Congress that must All of these experiments were per­ he swung and missed by offering a formed on these people without their budget that included an enormous tax act. Public opinion shows that the American people don't think we can put their interests ever being informed about the nature increase, few real spending cuts, and no of the tests, or the likely risks. middle-class tax cut. above partisan politics. Now is the time for us What the Government did to these Last fall, he gathered himself up and to prove them wrong. people was outrageous. Experiments took a sweet-looking stance on health like these happened in Nazi Germany care. But again, he missed by a mile. A SHORTER STATE OF THE UNION and the Soviet Union, not here. Unfor­ tunately, we are now learning that Taking his eye off the ball, he proposed (Mr. THOMAS of Wyoming asked and a plan that will raise taxes, increase they did happen here. was given permission to address the We can never fully compensate these bureaucracy, and increase regulations. House for 1 minute.) And last night, he stood in for the people for what their Government has Mr. THOMAS of Wyoming. Mr. done to them. However, we can provide third time and made a lot of good­ Speaker, as most of us have, I spent sounding promises. He talked about some measure of relief with compensa­ the last month and a half in my dis­ tion and recognition that the U.S. Gov­ ideas that conservatives have espoused trict, in Wyoming. in town meetings for years, ending welfare dependency, ernment was wrong to conduct secret and in group and personal meetings, experiments on its citizens. and getting tough on crime. and let me share with the Members the Has he finally seen the light? This thoughts that I picked up in sort of a time, will he get a hit? We've all heard State of the Union Message. It will be HEALTH CARE REFORM the President make good promises be­ shorter than the one last night. (Mr. ALLARD asked and was given fore, only to swing and miss with his First of all, there are four issues that permission to address the House for 1 actions. came to most of us, and one was health minute and to revise and extend his re­ Well, I think he should remember the care, and the point the folks in Wyo­ marks.) first rule of baseball, three strikes and ming made was that they do want a Mr. ALLARD. Mr. Speaker, the you're out. government-controlled program. They health care reform decisions that this want to make fundamental changes Congress makes will have tremendous D 1220 and fix those things that are broken. impact on the lives of working Ameri­ They want to make sure the poor are cans. CRIME BILL IS NO PLACE FOR helped but that the middle class does Unfortunately, the path of mandated PARTISANSHIP not pay more for less. Federal premiums that the Clinton ad­ (Mr. RICHARDSON asked and was The second point was gun control. ministration wants us to follow is the given permission to address the House Folks were pretty irate about taking wrong path. for 1 minute and to revise his remarks.) guns away from honest citizens, and The administration plan will cost far Mr. RICHARDSON. Mr. Speaker, the they are not a bit into the notion that more than is advertised and will de­ reviews on the State of the Union mes­ liver far less than is promised. the bad guys are going to go to While Congress has been in recess, sage are in. President Clinton hit not Gambells and come back in 5 days to just a home run but a 400-foot home the administration has been working get their guns; they will get them hard to convince the Congressional run. somewhere else. Why did the biggest ovation last Budget Office to score heal th care re­ The third point is sort of a regional form off-budget. night go to the New York City cop with issue, an assault on the West, and that This is not fiscally honest. Congress the tough beat and when the President is the idea of using their resources in a cannot stand before the American peo­ endorsed the three strikes, you're out? multiple use way. Fifty percent of our ple and tell them that the largest ex­ That is because the American people State belongs to the Federal Govern­ pansion of Federal entitlement spend­ want us to make fighting violent crime ment. If you do not use it that way, we ing in history should be hidden off­ our top priority. do not have an economic future. budget. Even Congress cannot hide $400 Let us get the partisanship out of the Finally, too much Government and billion. crime issue. Why we may have honest too much regulation. Government can­ It is our responsibility to let CBO differences on heal th care and welfare not solve all the problems. We need less know where we stand. I invite all of my reform, surely we can get together and taxes and less regulation and a private colleagues to join TIM PENNY and me pass a crime bill as soon as possible. sector that is encouraged to grow. on a resolution directing that all Gov­ Mr. Speaker, the public wants us to ernment mandated health care reform pass mandatory minimum sentences THE RADIATION EXPERIMENTA­ be on-budget where the American peo­ for violent offenses and cut down on ple can see its true cost. parole. They want more cops on the TION COMPENSATION ACT beat and more resources to fight crime (Mr. FROST asked and was given per­ in their own neighborhoods. mission to address the House for 1 TRIBUTE TO THE HONORABLE Mr. Speaker, let us get the partisan­ minute.) WILLIAM D. FORD ship out of the crime issue. Mr. FROST. Mr. Speaker, today I am (Mr. CLAY asked and was given per­ Last night President Clinton came to -the introducing the Radiation Experimen­ mission to address the House for 1 Congress and showed the American people tation Compensation Act to com- minute and to revise his remarks.) ...... --. .. .I' .. --. • ------~ ~ ". "-·"I" ---- • --

January 26, 1994 CONGRESSIONAL RECORD-HOUSE 159 Mr. CLAY. Mr. Speaker, I am deeply and that is all for the better for those about campaign finance reform, be­ saddened by the announcement by my of us who stay on to fight the good cause, unless and until we reduce tlie good friend BILL FORD that he will not fight. He will always be with us in the money spent on campaigns and reduce seek reelection next fall. fray. the influence of the special interests in BILL FORD will be sorely missed Finally, Carol and I have known BILL how Members of Congress are elected, around this institution. When he ends for over a quarter of a century. He is then it seems to me we really have not his long and brilliant career in Con­ foremost my friend and then one of my dealt with the issues facing the Amer­ gress next January, America's working respected colleagues. I will miss him. ican people. Their faith and trust and men and women and America's youth The Congress will miss him. The citi­ confidence in government have ebbed, will lose one of their greatest legisla­ zens of this Nation who are the bene­ and we need to reassure them. Passage tive champions. Few men or women ficiaries of his diligence, his convic­ of campaign reform will do it. who have served in the Congress have tions, and his generosity of spirit will Mr. Speaker, I hope there is time for done more to protect and advance the miss him. I wish BILL and his wife us to do this during this very busy ses­ well-being of working men and women. Mary a happy and productive future. sion of Congress. His political acumen and influence is reflected in nearly every important labor law enacted by the Congress dur­ SUPPORT FOR BALANCED BUDGET THE PRESIDENT'S TAX INCREASE ing the last 25 years. The son of a fac­ AMENDMENT (Mr. EWING asked and was given per­ tory worker who died as a result of a (Mr. CAMP asked and was given per­ mission to address the House for 1 workplace accident, he became the mission to address the House for 1 minute and to revise his remarks.) chief guardian of the occupational safe­ minute and to revise his remarks.) Mr. EWING. Mr. Speaker, the Presi­ ty and health of our Nation's working Mr. CAMP. Mr. Speaker, one i tern we dent glossed over the biggest tax in­ men and women. He was chiefly respon­ did not hear anything about from the crease in history. I do not think we sible for enactment of the plant closing President in his State of the Union, ought to let that happen without re­ law and the family and medical leave and one of the key votes that should minding the American people that act and is a tireless advocate for the come up early in this session, is the there was a lot more in that tax in­ striker replacement bill, OSHA reform, balanced budget amendment. crease than just an increase on wealthy and the President's health care reform The President did not endorse the Americans. bill. balanced budget amendment, nor did There was, of course, the gas tax The Nation owes him a debt of grati­ he even mention it. But the balanced which will be paid by every American tude for his contributions to educating budget amendment will change the way in several different ways, at the pumps several generations of Americans. Washington works. It means that Gov­ and with everything they buy. There Throughout his 29 years on Capitol Hill ernment will have to operate respon­ were new marginal rates which will he championed the Higher Education sibly the same way individuals, fami­ take some $220 million out of the me­ Act. It was BILL who during the 1980's lies, and businesses do. dian taxable income of every district of not only protected, but expanded col­ In 1992, Congress failed to pass the America. Some of this is even retro­ lege loan and grant programs. By mak­ balanced budget amendment by only active to before people died. ing college education a reality for mil­ nine votes. That same year we elected Then, of course, there is the increase lions of Americans, his work contrib­ 110 new freshmen Members of Congress. in the corporate tax rate which will af­ uted greatly to the economic prosper­ Many came here with a pledge to re­ fect jobs in America, and there is the ity and social equality of the United form Congress and change the way increase in the Social Security taxes States. Government works. They wanted to that will affect Americans with as lit­ As my predecessor as chairman of the cut spending and reform how Govern­ tle as $34,000. Post Office and Civil Service Commit­ ment spends our tax dollars. Finally, we are going to tax parking tee, he was a staunch and unabashed Mr. Speaker, now is our greatest on our staff people if it is worth over friend of Federal and postal workers. chance and the American people's $155 a month. Certainly that is not a To the degree that the Federal Govern­ chance to pass a balanced budget perk but a safety measure. ment is a model employer today, it is amendment. Mr. Speaker, I hope the President because of his tenacity and his convic­ will become a little more candid with tion that there is no greater calling the American people when he talks than public service. CAMPAIGN REFORM IS VITAL about his tax policies. There is a very simple explanation (Mr. MAZZOLI asked and was given for his undying commitment to pro­ permission to address the House for 1 tecting American workers and expand­ minute and to revise his remarks.) TRIBUTE TO THE LATE FRED ing educational opportunities: He has Mr. MAZZOLI. Mr. Speaker, the SNOWDEN never forgotten his own humble begin­ President today is receiving kudos, and (Mr. TUCKER asked and was given nings and the opportunities he had deservedly so, for the delivery of his permission to address the House for 1 along the way. He has given back to his State of the Union speech from the minute and to revise and extend his re­ country by making it his lifework to platform just behind me. He is receiv­ marks.) honor the dignity of labor and to ex­ ing those compliments based not just Mr. TUCKER. Mr. Speaker, last night pand the horizons of young people. on the solid content of his speech but the President addressed the country in BILL will still be here for the 2d ses­ also on his very animated and effective the State of the Union Address, and sion of the 103d Congress. His work delivery. made many excellent points. But per­ here is not finished. I believe that his I was pleased as I sat in the audience haps the most compelling point that I efforts this year in navigating the to hear him recount many of the suc­ recall came at the end of the speech President's health care reform bill cesses of his first year in office-the when he talked about the breakdown of through Congress and passing the long passage of the North American Free­ the family, the breakdown of our com­ overdue Ford OSHA reform bill will Trade Agreement, the adoption of defi­ munity, and, in fact, the breakdown of firmly establish both his place in his­ cit reduction measures, and passage of our work force. tory and his place in the hearts of the Brady bill-all of which I helped Mr. Speaker, I rise today in memo­ working men and women everywhere. the President to achieve, and I was riam and in tribute to a young man While BILL will not be serving in the proud of that. who just last week was here in Wash­ next Congress, I know he will continue I am, however, disappointed and sad ington, DC, on the way to meet the to be a powerful force on labor and edu­ that only one very peripheral mention President of the United States, and un­ cation issues. He will be heard from, was made last night by the President fortunately had an untimely demise, a 79-059 0-97 Vol. 140 (Pt. 1) 6 160 CONGRESSIONAL RECORD-HOUSE January 26, 1994 heart attack. This young man is known Ms. BROWN of Florida. Mr. Speaker, Mr. Speaker, now is the time for the to many as Coach. His name is Fred I rise today in honor of the life and President to stand and deliver. Snowden. He was the first African­ work of Dr. Richard Moore who died on American coach to coach at a major January 2, 1994, at the age of 88. Dr. university in the United States of Moore was the third president of Be­ TRIBUTE TO THOMAS C. McGRATH America, the University of Arizona at thune Cookman College in Daytona (Mr. HUGHES asked and was given Tucson. Beach, FL, which is in my district. Be­ permission to address the House for 1 Fred Snowden in my mind typifies all thune Cookman College was founded in minute and revise and extend his re­ of those things that the President was 1904, by Dr. Mary McLeod Bethune to marks.) talking about last night. He was a fam­ serve the needs of the African-Amer­ Mr. HUGHES. Mr. Speaker, I rise ily man, a dedicated family man. He 'ican community in Florida. today with great sorrow to pay tribute was an entrepreneur. Fred Snowden Dr. Moore was born on November 20, to a former Member of the House, and embodied many of the things that the 1906, in Quincy, FL. He earned his a personal friend, the Honorable Thom­ President talked about in terms of edu­ bachelors degree from Knoxville Col­ as C. McGrath, who passed away last cation. He went on to get his higher lege in 1932, and a masters degree from week. education, but then he gave back to his Atlanta University in 1944. Early in his Tom McGrath represented New Jer­ community. distinguished career, Dr. Moore became sey's Second Congressional District in In conclusion, Mr. Speaker, I hope the first African-American to serve as the House from 1964--U6. Al though he that Fred Snowden will live on forever the Florida Department of Education's only served one term, he developed an in the hearts of all of us as a role State supervisor of black secondary outstanding reputation both in Wash­ model for our young people, to not only schools, a position previously held only ington and back home for hard work, go into athletics, but to achieve higher by whites. He held this post until Be­ unquestioned integrity, and a deep education and to give back to their thune Cookman lured him to Daytona commitment to public service. community. And then when the Presi­ Beach. Dr. Moore served as president of After serving in Congress, Tom went dent or any future President addresses the college from 1947 to 1975. During his on to serve as legal counsel for the De­ this body about how we can become tenure, Bethune Cookman became fully partment of Housing and Urban Devel­ more responsible leaders of our society, accredited, full time enrollment in­ opment, before finally returning back creased by more than 1,000 students, home to the Jersey shore. they can know that we have all taken , Tom was a fine lawyer, an outstand­ a part to do just that. and he more than tripled the size of the school's endowment fund. ing public servant, and a wonderful Dr. Moore inspired the lives of thou­ human being. I am grateful to have the ABOLISH NEW TAXES sands of African-American students opportunity to know Tom McGrath, (Mr. RAMSTAD asked and was given and an entire community. He consid­ and to follow in his footsteps in the permission to address the House for 1 ered his greatest achievement as pro­ House. My heart goes out to his wife, minute and to revise and extend his re­ viding educational opportunities for Betty and other members of his family marks.) young men and women. Dr. Moore once on the loss of this outstanding Amer­ Mr. RAMSTAD. Mr. Speaker, a year said: "I have the responsibility to my­ ican. ago at the dawn of a new Presidential self, my family, my country, and my God to so live as to make this world a administration, Americans eagerly PRESIDENT'S ACTIONS DON'T awaited enactment of the promised better place by my having lived here." He lived by these words. MATCH WORDS middle-income tax cut. (Mr. DUNCAN asked and was given We all know what happened. permission to address the House for 1 No tax cut. Instead, retroactive tax STAND AND DELIVER minute and to revise and extend his re­ increases-even on the dead. (Mr. BALLENGER asked and was marks.) I am sure if Members of this body given permission to address the House Mr. DUNCAN. Mr. Speaker, the were asked a year ago today. ''Are for 1 minute and to revise and extend President said many good things in his taxes going to be raised retroactively his remarks.) speech last night, particularly about back to the Bush administration?," all Mr. BALLENGER. Mr. Speaker, last the need to reform our welfare system of us would have said " No." night, the President stood and spoke. and to crack down on violent crime. Yet, that is exactly what Congress He spoke well about the problems of The President is very good about giv­ did. crime and welfare. He .spoke convinc­ ing speeches with which almost every­ This should never happen again. ingly about the dire impact of the one agrees. That's why I introduced House Resolu­ Great Society, about how the family The problem is that his actions sel­ tion 247, which would amend the House unit has broken down over the last 30 dom ever come close to matching his Rules to establish a point of order years. words. against considering any measure that He spoke about values. He talked For instance, he says he is against contains a retroactive tax increase. about national security. He copied the crime and who isn't, but then he ap­ Even though House Resolution 247 sentiments of Ronald Reagan and points some of the most liberal, soft­ has been cosponsored by 135 Members George Bush. on-crime judges this country has ever from both sides of the aisle, the Rules In fact, his State of the Union seen to our Nation's highest courts. Committee has refused to hold a hear­ speech, with the exception of health The prime example of this was choos­ ing on this resolution. care reform, was a broad endorsement ing a person who was the chief lawyer Accordingly, I have been compelled of the Republican agenda. Now is the for the ACLU for 8 years as his first ap­ to file a discharge petition. I urge all of time for the President to stand and de­ pointment to the Supreme Court. my colleagues, Democrats and Repub­ liver. In addition, the President still clings licans alike, to sign it today. The American people were impressed to the out-of-date, discredited belief Let us abolish retroactive taxes. with the President's rhetoric. But mere that the Federal Government can solve words do not leave a lasting impres­ all our problems. sion. Now is the time to stand and de­ There is a clear majority today that COMMENTS ON DR. RICHARD V. liver. knows the Federal Government really MOORE Deliver us a real welfare reform bill does little more than help those who (Ms. BROWN of Florida asked and that will replace the current corrupt work for it. was given permission to address the system of dependency and helplessness. They know that Government cannot House for 1 minute and to revise and Deliver us a crime bill that take repeat give us anything without first taking extend her remarks.) offenders off the street for good. something from us. January 26, 1994 CONGRESSIONAL RECORD-HOUSE 161 They want the cost and size of the times they continue to draw their ben­ people convicted of three felonies get Federal Government decreased so that efits, SSI, even though a condition was life imprisonment. they have more money left to spend on placed on them to receive drug treat­ We would like to ensure that there themselves and their families. ment. But because of abuses of the sys­ are enough prisons for State and local Unfortunately, the President is tak­ tem, they can go without that drug communities and the Federal Govern­ ing us exactly in the opposite direc­ treatment, avoid it altogether and con­ ment to lock up violent offenders. tion, toward a much bigger and much tinue to receive benefits, welfare, SSI We would like to take the steps nec­ more expensive Government. benefits from us, the taxpayers. essary to ensure, for example, by re­ We i re subsidizing their addiction. leasing the unfunded mandates so that On the other hand, there are some cities and counties could direct re­ REPUBLICANS UNCOMFORTABLE where the condition is not even placed sources to fighting crime, to hiring po­ WITH CLINTON'S SUCCESS on them and because of the disability licemen, to building prisons, to hiring (Mr. DURBIN asked and was given based on drug addiction, which we prosecutors. permission to address the House for 1 could possibly cure with a program of We believe it is possible to write a minute and to revise and extend his re­ treatment, the wording of the statute genuine crime bill matching what the marks.) is such and the practices of this admin­ Senate has done. But so far, the Demo­ Mr. DURBIN. Mr. Speaker, my Re­ istration are such that they can go for cratic leadership has only brought for­ publican colleagues looked down right a lifetime, thG rest of their lives being ward tiny little pigmy bills, traveling uncomfortable last night. They were subsidized by us, the taxpayers, on wel­ across for press release purposes, and sitting here listening to the President's fare, SSI without ever having to under­ they have refused to schedule a crime State of the Union Address and realiz­ go drug treatment. bill like the one the President was al­ ing that their dire predictions about We can move next week, not wait for luding to last night. the first year of the Clinton adminis­ the great debate of 1994, to cure this We, on the Republican side, stand tration didn't come true. President flaw in our SSI system. ready and eager to work with the Clinton came into office and inherited Democratic leadership, if they will a pretty bad state of the economy. We only schedule a crime bill to meet the had had the slowest economic growth A REAL CRIME FIGHT objectives the President outlined. in half a century under President Bush, (Mr. WALKER asked and was given the slowest job creation in 50 years permission to address the House for 1 under President Bush's administration, minute.) INTRODUCTION OF THE and President Clinton inherited the Mr. WALKER. Mr. Speaker, last CHILDREN'S SECURITY ACT OF 1994 biggest deficit any President has ever night in his State of the Union Ad­ (Mrs. MINK asked and was given per­ inherited. dress, the President suggested we put mission to address the House for 1 100,000 more policemen on the beat. minute and to revise and extend her re­ D 1240 That is something that he had sug­ marks.) He rolled up his sleeves, working gested in his 1992 campaign, and yet Mrs. MINK. Mr. Speaker, today I am with Democratic Members of Congress, not one piece of legislation came out of introducing a bill which adds children passed a deficit control measure which his administration to do that job. Why? to the category of persons eligible for is starting to bring about dramatic re­ Because his administration could not supplemental security income [SSI] sults. Ask Americans across this Na­ prioritize the funding needed to put benefits. tion how many have refinanced their those 100,000 more policemen on the Currently, the disabled, blind, and homes because of lower interest rates beat. low-income elderly are eligible for SSI and businesses which are now investing It is not just here that the President benefits. and creating jobs, 1.6 million new jobs could not find the necessary funding. Last night President Clinton drew at­ created last year under President Clin­ The fact is that this administration tention to the need for welfare reform ton, more than the 4 years preceding has not given a priority to crime fight­ and emphasized the job-oriented plan under President Bush. ing anywhere. There are less Federal which his administration is urging. In And there is a lot more to do. The prosecutors on the job than were there order to get families off of welfare he President set out an ambitious agenda when President Clinton took office. fully understands that first, jobs must last night on health care reform, wel­ There are 250 fewer FBI agents on the be available for which welfare recipi­ fare reform, and a tough crime bill. It beat. There was no new graduating ents qualify; second, job training must will take a bipartisan approach to get class of FBI agents in 1993. be provided to help these people qualify this done. I hope both parties can work The drug czars' office, where drug for higher paying jobs because below together in this Chamber to end the crime fighting is coordinated, has been poverty wages is not the answer to wel­ kind of gridlock we were used to so emasculated. Meantime, the Surgeon fare; and third, in order for welfare re­ many years ago. General in this administration is run­ cipients to leave home there must be ning around the country talking about child care services available otherwise legalizing drugs. the children will be the innocent vic­ THE GREAT DEBATE OF 1994 Middle-class America wan ts a real tims of this reform. (Mr. GEKAS asked and was given crime fight. This administration has Somehow when people target welfare permission to address the House for 1 not even gotten into the ring. as a way of life which must be changed minute and to revise and extend his re­ by reform, they forget that these fami­ marks.) lies are made up of young children. Mr. GEKAS. Mr. Speaker, although REPUBLICANS ARE WILLING TO Today in one of my subcommittees part of the speech of the President was WORK WITH THE PRESIDENT we heard home-based care highlighted delegated to welfare reform, there are (Mr. GINGRICH asked was given per­ as the basis of our family ethic. certain measures that we can take now mission to address the House for 1 Yet when we talk about the welfare without waiting for the great debate of minute and to revise and extend his re­ family we seem to forget they too are 1994 on welfare reform. marks.) families where caring and nurturing of For instance, Mr. Speaker, do Mem­ Mr. GINGRICH. Mr. Speaker, I hope their own children takes place. The bers know that we, as taxpayers, are that the Democratic leadership will de­ President said last night "governments subsidizing drug addiction and drug ad­ cide to bring to the floor a crime bill don't raise children, parents do." It is dicts when they qualify for SSI pay­ which reflects the President's goals as just this concern that parents should ments and benefits. Because of the dis­ outlined last night. We, on the Repub­ have primary priority in raising their ability caused by drug addiction, many lican side, would like to ensure that children that requires me to express 162 CONGRESSIONAL RECORD-HOUSE January 26, 1994 my concern over the current avalanche But I am reminded of the words often placed Persons", a development which would of proposals which would require all heard in this Chamber and around the later affect his eligibility to receive repara­ welfare parents to go to work, even to world: Actions speak louder than tions for his suffering; the extent of some saying any kind of words. Whereas following his hospitalization, Mr. Princz was permitted to enter then-Com­ work has a higher societal value than munist-occupied Czechoslovakia to search parenting. for family members, and, after determining I do support the goal of family self­ ANNOUCEMENT BY THE SPEAKER that he was the sole survivor, Mr. Princz sufficiency and I know that to achieve PRO TEMPORE traveled to America where he was taken in this, opportunities for jobs must be of­ The SPEAKER pro tempore (Mr. by relatives; fered, together with job training and MENENDEZ). Pursuant to the provisions Whereas in the early 1950s, the Federal Re­ education. But I do not support the ar­ of clause 5 of rule I, the Chair an­ public of Germany established a reparations bitrary 2 year cut off of benefits. program for " survivors", to which Mr. nounces that he will postpone further Princz made timely application in 1955; My view is that our children cannot proceedings today on both motions to Whereas Mr. Princz's application was re­ be left out of our discussion about wel­ suspend the rules on which a recorded jected, and Mr. Princz has argued that his re­ fare reform. vote or the yeas and nays are ordered, jection was based on the grounds that he was Thus far welfare reform is discussed or on which the vote is objected to a United States national at the time of his as though welfare only affects adults. under clause 4 of rule XV. capture and later rescued and not a "state­ AFDC is for children. That is what Such roll call votes, if postponed, less" person or "refugee"; the "C" stands for. Yet the children will be taken after debate has con­ Whereas Mr. Princz has not received relief are forgotten. from the Federal Republic of Germany in the cluded on both motions to suspend the intervening 40 years; I am introducing this bill today be­ rules. Whereas Mr. Princz's diplomatic remedies cause I want to be sure that these chil­ were exhausted by late 1990, forcing him to dren are not forgotten in this welfare sue the Federal Republic of Germany in the debate. RELATING TO TREATMENT OF Federal District Court for the District of Co­ Children should have income security HUGO PRINCZ BY FEDERAL RE­ lumbia in 1992; regardless whether their parents on PUBLIC OF GERMANY Whereas the Court denied Germany's dis­ missal motion and determined that Mr. welfare work or do not work or are un­ Mr. HAMILTON. Mr. Speaker, pursu­ able to work. Princz's situation to be sui generis, given ant to the previous order of the House, Germany's concurrence with the material SSI payments allocated to children I move to suspend the rules and agree facts in the case and its simultaneous failure from welfare families could be assigned to the resolution (H. Res. 323) relating to accept financial responsibility with re­ directly to pay for their education, to the treatment of Hugo Princz, a spect to Mr. Princz, when it has distributed child care, mental health services, United States citizen, by the Federal billions of dollars in compensation to other housing, and other support services. Republic of Germany. Nazi death camp survivors, simply because of If welfare parents are to be cut off The Clerk read as follows: his American citizenship at the time of Mr. welfare after 2 years, surely this coun­ Princz's capture and later rescue; try cannot mean to make its children H. RES. 323 Whereas the trial is now stayed pending Whereas Hugo Princz and his family were Germany's appeal to the District of Colum­ indigent, homeless and hungry. United States citizens residing in Europe at bia Circuit to require the case to be dis­ I urge my colleagues to join me in the outbreak of World War II; missed on grounds of sovereign immunity; protecting our innocent children by co­ Whereas as civilians, Mr. Princz and his and sponsoring my bill to include them family were arrested as enemy aliens of the Whereas Germany's refusal to redress Mr. under SSL German Government (not prisoners of war) Princz's unique and tragic grievances and to in early 1942; provide him a survivor's pension undercuts Whereas the Government of Germany, over its oft-voiced claims to have put its terrible THOUGHTS ON THE STATE OF THE the protests of Mr. Princz's father, refused to past behind it: Now, therefore, be it UNION SPEECH honor the validity of the Princz family's Resolved, That it is the sense of the House (Mr. BOEHNER asked and was given United States passports on the grounds that of Representatives that the President and the Princz family were Jewish Americans the Secretary of State should- permission to address the House for 1 and failed to return the Princz family to the (1) raise the matter of Hugo Princz with minute.) United States as part of an International the Federal Republic of Germany, including Mr. BOEHNER. Mr. Speaker, the Red Cross civilian prisoner exchange; the Chancellor and Foreign Minister, and President gave a nice speech last night. Whereas the Princz family was instead take all appropriate steps necessary to en­ Much of what he had to say I and my sent to Maidanek concentration camp in Po­ sure that this matter will be expeditiously fellow Republicans agreed with. Why? land, after which Mr. Princz's father, moth­ resolved and that fair reparations will be Because the principles, the values that er, and sister were shipped to Treblinka provided Mr. Princz; and were contained in the President's death camp and exterminated; (2) state publicly and unequivocally that Whereas Mr. Princz and his two younger the United States will not countenance the speech were things that we as Repub­ brothers were transported by cattle car to continued discriminatory treatment of Hugo lican Members of Congress agree with Auschwitz to serve as slave laborers, where Princz in light of the terrible torment he suf­ strongly. Mr. Princz was forced to watch as his two fered at the hands of the Nazis. If the President is sincere about his siblings were intentionally starved to death efforts to fight crime, Republicans in while they lay injured in a camp hospital; D 1250 this House are willing to stand shoul­ Whereas Mr. Princz was subsequently The SPEAKER pro tempore (Mr. der to shoulder to help him. If he is sin­ transferred to a camp in Warsaw and, then, MENENDEZ). Pursuant to the rule, the cere about his words with regard to by death march, to the Dachau slave labor gentleman from Indiana [Mr. HAMIL­ facility; welfare reform, we are here, ready and Whereas in the closing days of the war, Mr. TON] will be recognized for 20 minutes, willing to help. Princz and other slave laborers were selected and the gentleman from New York [Mr. The programs that he wan ts to cut in for extermination by German authorities in GILMAN] will be recognized for 20 min­ the budget, we have hundreds of pro­ an effort to destroy incriminating evidence utes. grams as well that we think we can of war crimes; The Chair recognizes the gentleman eliminate from the Federal budget. Whereas hours before his scheduled execu­ from Indiana [Mr. HAMILTON]. We are willing to help the President, tion, Mr. Princz's death train was inter­ Mr. HAMILTON. Mr. Speaker, I yield if he is sincere about what he said last cepted and liberated by United States armed myself such time as I may consume. forces, and Mr. Princz was sent to an Amer­ night. If the President is sincere about ican military hospital for treatment; Mr. Speaker, first, I would like to improving the lives of Americans, Re­ Whereas although the actions of the Unit­ commend the gentleman from New Jer­ publicans are willing to stand shoulder ed States Army saved Mr. Princz's life, he sey [Mr. PALLONE] and the other origi­ to shoulder. It is time to do it, and it was sent to an American facility and was nal cosponsors to the resolution, for in­ is time to do it now. never processed through a "Center for Dis- troducing House Resolution 323 and January 26, 1994 CONGRESSIONAL RECORD-HOUSE 163 bringing this issue to the attention of Princz was liberated by American sol­ has talked with Members of this body, the House. diers and applied for reparations from members of the administration, and House Resolution 323 is identical to Germany after returning to the Un tied members of the German Government, Senate Resolution 162, which was States. These reparations were denied and he is to be commended. passed by unanimous consent in the because he was an American citizen In this resolution, we call on Presi­ Senate during the last days of the first and therefore considered ineligible for dent Clinton and Secretary of State session. refugee or stateless status. Christopher to raise this issue with This resolution is straightforward_:_it Mr. Speaker, German Prime Minister German officials and seek a speedy res­ urges the President and the Secretary Helmut Kohl will meet with President olution of this case. of State to raise the issue of Mr. Clinton on Monday, January 31. Adop­ This opportunity will come next Princz's claims for compensation aris­ tion of this legislation on the eve of his week, Mr. Speaker, when administra­ ing from his imprisonment in a Nazi visit is an important indicator of con­ tion officials, including the President, concentration camp at the highest lev­ gressional intent and support. As a co­ meet with their German colleagues. els of the German Government and to sponsor of this measure I believe the In closing, I urge all in this body to take steps to ensure that this issue is Federal Republic of Germany should support this resolution and end this expeditiously resolved. fulfill its obligation to right the injus­ horrible injustice for an American who As most of you may be aware, Mr. tices endured by Mr. Princz. Accord­ has suffered for so long, Hugo Princz. Princz and his family-all of whom ingly, it is hoped that President Clin­ Mr. HAMILTON. Mr. Speaker, I yield were U.S. citizens-were arrested as ton will raise Mr. Princz' case with 2 minutes to the distinguished gen­ enemy aliens of the German Govern­ Prime Minister Kohl during this visit tleman from New Jersey [Mr. ment in 1942. and take all appropriate steps nec­ PALLONE]. He is the principal sponsor Despite their American citizenship, essary to ensure that this matter will of the resolution, and should be com­ the Princz family was separated and be expeditiously resolved and that fair mended for his work on it. sent to a series of concentration reparations will be provided Mr. Princz Mr. PALLONE. Mr. Speaker, I would camps. and therefore urge my colleagues to like to thank Chairman HAMILTON and Mr. Princz was the only member of support House Resolution 323. the House Foreign Affairs Cammi ttee his family to survive-his mother, fa­ Mr. Speaker, I urge my colleagues to for taking action today on House Reso­ ther, and sister were executed at support the measure, and I reserve the lution 323. Adoption of this resolution Treblinka and his two brothers starved balance of my time. could go a long way to right a wrong to death at Auschwitz. Mr. Princz was Mr. HAMILTON. Mr. Speaker, I yield that has been outstanding for more on his way to almost certain death 2 minutes to the distinguished gen­ than 40 years. when rescued by U.S. Armed Forces. tleman from Maryland [Mr. HOYER]. I introduced the resolution on behalf I believe that it is time for the Ger­ Mr. HOYER. Mr. Speaker, I rise in of one of my constituents, Mr. Hugo man Government to resolve this situa­ strong support of House Resolution 323, Princz of Highland Park, NJ. Mr. tion and to come to an agreement with which seeks to help right a wrong that Princz and his family were American Mr. Princz on adequate compensation has existed for more than 40 years. citizens living in Europe at the out­ payments. Hugo Princz and his family, as we have break of World War II. In 1942, his fam­ I would note for the Members that already heard, were American citizens ily was arrested by the Nazis. Because there is an ongoing court case with re­ residing in Europe during World War II. they were Jewish, the Nazi regime re­ spect to this issue-this resolution is in Despite their American citizenship, fused to allow the Princzs' to return to no way meant to influence or affect on­ they were arrested by the Nazis. the United States. The Princz family going legal proceedings. The en tire family was sent to the was separated and Hugo's parents and It is my understanding that this concentration camps where all of the sister were sent to the Treblinka death issue will be on the agenda for the family faced tragic death by extermi­ camp where they were killed. Hugo and President's meeting with German nation except Princz himself. He sur­ his brothers were sent to Auschwitz as Chancellor Helmut Kohl next week. vived, but with that survival spent slave laborers. His brothers died at It is my hope that this expression of time in the hellish death camps of Auschwitz, and at the end of the war, congressional support, coupled with Auschwitz and Dachau. as the Nazis tried to cover up evidence the administration's bilateral efforts, For his suffering and the death of his of the camps, Hugo was sent by train will help to move this issue to a satis­ loved ones, Mr. Princz sought war rep­ for extermination. factory conclusion between Mr. Princz arations from the German Govern­ Hugo Princz's life was saved when his and the German Government. ment. He has been denied. death train was intercepted by U.S. I would also note for the Members Reasons given for this denial have forces. The American soldiers, rec­ that the committee has received com­ been that he does not "fit" the German ognizing him as an American by the ments from the State Department criteria for reparations eligibility. This U.S.A. stenciled on his clothing, sent which support this resolution. is not acceptable. him to a U.S. military hospital. Upon I urge my colleagues to support this There is, in my opinion, no addi­ his release from the hospital, Mr. resolution. tional criteria needed for this man to Princz searched for his family. After he Mr. Speaker, I reserve the balance of receive reparations. He suffered. Every learned that his entire family had per­ my time. day he witnessed the death of men, ished in the Holocaust, Mr. Princz Mr. GILMAN. Mr. Speaker, I yield women, and children, including his own came to the United States. myself such time as I may consume. family. And he endured. In 1955, Mr. Princz made a timely ap­ Mr. Speaker, I rise in strong support He now seeks compensation for the plication to the reparations program of House Resolution 323, now being con­ horrors of his lifetime and I urge Ger­ set up by postwar Germany to provide sidered under suspension of the rules. man authorities to provide this com­ restitution for victims of the Holo­ This resolution expresses the sense of pensation. caust. However, because he did not the House regarding the treatment of a I personally raised this issue with meet the criteria that Germany had set claim for reparations by a U.S. citizen Secretary of State Christopher prior to up for eligibility, his application was by the Federal Republic of Germany. his departure for Europe, · late last denied. German officials do not deny Mr. Hugo Princz was an American year, hoping that a resolution could be that Mr. Princz is a Holocaust survivor Jewish citizen living with his family in worked out. My colleague, FRANK but have consistently refused to com­ Czechoslovakia when World War II PALLONE, has worked tirelessly in pensate him because they claim that broke out. His family was arrested, and seeking the justice Hugo Princz de­ his status as a U.S. citizen at the time except for Mr. Princz, all of them per­ serves. Not only has he pushed for this he was captured, and the fact that he ished in concentration camps. Mr. resolution to come to the floor, but he was liberated without being processed 164 CONGRESSIONAL RECORD-HOUSE January 26, 1994 through a displaced persons camp questionably deserves. This is not to thank him for scheduling this reso­ make him ineligible for reparations. about money, this is about justice, it is lution in such a timely and quick way. I have introduced House Resolution about accepting responsibility. Matters I also want to thank and congratulate 323 to provide the assistance of the of morality cannot be based on tech­ the gentleman from New Jersey on his United States Government to Mr. nicalities, and I urge my colleagues to resolution which I rise in support of. Princz in his efforts to obtain the rep­ adopt this resolution. Let us help Mr. We have heard the story before from arations that are due him. This resolu­ Princz get his vindication. the previous speakers, and I guess what tion calls upon President Clinton and Mr. HAMILTON. Mr. Speaker, I yield I would like to do is share with my col­ Secretary of State Warren Christopher 2 minutes to the distinguished gen­ leagues that fact that we can never to raise Mr. Princz's case with the Ger­ tleman from New Jersey [Mr. really forget. I do not know how many man Government and to take all appro­ MENENDEZ], who was a chief cosponsor of my colleagues have had the oppor­ priate steps necessary to ensure that of the resolution. tunity to see the movie, "Schindler's he receives fair reparations. Mr. MENENDEZ. Mr. Speaker, I List", but I commend it to everybody. I believe that the Federal Republic of thank the gentleman for yielding the The horror of the Holocaust, of Germany should take action to correct time, and I thank my colleague, the course, fades in most people's minds as this omission. Mr. Princz should not be gentleman from New Jersey [Mr. we move in history. But it cannot fade denied compensation on the basis of a PALLONE] for bringing this to our at­ in the mind of a Mr. Princz, it cannot technicality. His suffering and the loss tention. It is a rightful cause, and I fade in the minds of hundreds of thou­ of his family are as painful as that of was happy to have participated. sands whose parents survived the Holo­ any other Holocaust survivor. The Ger­ Mr. Speaker, as we approach the 50th caust and of millions like myself who man Government should put aside the anniversary of the end of the Holo­ had relatives perish in the Holocaust. technical rules of the reparations pro­ caust, we have before us a reminder of It cannot fade in our minds. gram and acknowledge this injustice. that sordid period. For the German Government not to Germany has paid out billions of dol­ For the story of Hugo Princz is a listen to the deserved cries from Mr. lars in compensation to other victims story of human tragedy. In 1942, Mr. Princz is an affront. It is not just an af­ of the Holocaust. It is time for Ger­ Princz, his mother, his father, his sis­ front to the Princz family and to Mr. many to do justice and provide Mr. ter, and his two younger brothers-all Princz himself, it is an affront to the Princz with the reparations that he has American citizens-were arrested by memory of all of those who perished sought for so long. the Nazis and sent to the Maidanek and suffered in the Holocaust, Jew and Mr. HAMILTON. Mr. Speaker, I yield · concentration camp in Poland. It was non-Jew alike. Nothing is ever going to 2 minutes to the distinguished gentle­ not long before both his parents and erase the brutality and the horror that woman from California [Ms. SCHENK]. sister were sent to be killed in the infa­ happened there. But at least it is a lit­ tle bit mollifying to know that the rest D 1300 mous Treblinka death camp. He later was transported to Auschwitz, where of the world and the German nation in Ms. SCHENK. Mr. Speaker, as the he was forced to watch his brothers particular understands that horror and daughter of a Holocaust survivor, I starve to death. is willing to make some small rec­ know firsthand how difficult it has The story of Hugo Princz is a story of ompense for it. been for survivors seeking compensa­ survival. He was not supposed to live. So this resolution is an important tion. For 12 years, my father fought to Hugo Princz was living evidence of resolution. It urges the Chancellor, Mr. obtain the compensation he was enti­ Nazi atrocities, and so was sent to be Kohl, to do the right thing, to do what tled to. In comparison to Mr. Princz, exterminated at the Dachau slave labor is just and fair, and I hope that it will my father was lucky. Mr. Princz has facility. not fall on deaf ears. been embroiled in the controversy for The story of Hugo Princz is a story of Mrs. MALONEY. Mr. Speaker, I rise in 39 years. heroism. Just hours before his sched­ strong support of the resolution, and I com­ My father is a Holocaust survivor. He uled execution, U.S. Army soldiers mend the chairman for bringing this important was a German slave. He was used like intercepted his death train and saved bill to the floor and the gentleman from New an animal. He was beaten, he was Jersey and others for sponsoring it. Mr. Princz' life. Mr. Speaker, in my district in New York City abused. His physical and mental suffer­ The story of Hugo Princz, unfortu­ ing cannot be imagined by any one of I am proud to represent thousands of Holo­ nately, is a story of neglect-of shame­ caust survivors and their families. These men us who did not live through it. He ap­ ful neglect. It seems that redtape has plied for reparations to the Germans. and women suffered through the worst epi­ prevented the German Government sode of man's inhumanity to man. There were "technicalities." Those from paying Mr. Princz his rightfully Nothing we could ever do or say could technicalities only served to magnify due reparations for which he applied in erase the searing memories of this horrible . his suffering by adding humiliation to 1955. trauma. Nothing we could ever do or say it. And finally, Mr. Speaker, the story of could bring the 6 million who died back to life. My father and our family were Mr. Princz is a story of great irony. But as the magnificent new museum just 1 luckier than Mr. Princz. We finally What has prevented Mr. Princz from re­ mile from this Chamber teaches us, we must won. The money is not a great deal, but ceiving these benefits all along has do everything in our power-even little the vindication, the vindication is be­ been his American citizenship. things-to ensure that the lessons of the Holo­ yond any measure and beyond any de­ And so, I ask my colleagues to sup­ caust are not forgotten. scription. port this sense of the House resolution. And we must do whatever we can today to The Holocaust, Mr. Speaker, was not It states first, that the U.S. Govern­ correct the injustices of yesterday. a technicality. Mr. Princz should not ment should urge the German Govern­ Hugo Princz' American citizenship didn't live out the rest of his days, and he is ment to take all steps necessary to re­ protect him from years of hell in Auschwitz about the same age as my father, in his solve this matter, to fairly compensate and Dachau. It didn't protect him from seeing eighties, he should not pass from this Mr. Princz; and, second, to state pub­ his family taken away and murdered. Earth without his own vindication. Mr. licly and unequivocally that the United After he was liberated by American Gl's Princz has suffered enough. The pay­ States will not countenance the con­ from a train taking him to certain executing, ments he seeks can never truly com­ tinued discriminatory treatment of Mr. Princz' American citizenship saved his life. pensate him for what he endured. Hugo Princz. Yet this stroke of good luck has prevented him It is unconscionable after once de­ Mr. HAMILTON. Mr. Speaker, I yield from his rightful participation in the reparations priving him of his family, his home, his 2 minutes to the distinguished gen­ program. dignity, and his possessions, the Ger­ tleman from New York [Mr. SCHUMER]. For nearly 40 years, he has suffered the in­ man Government is now attempting to Mr. SCHUMER. Mr. Speaker, I thank dignity of having to wage bureaucratic battles deprive him of the small amount he un- the gentleman for yielding, and want against the German Government. January 26, 1994 CONGRESSIONAL RECORD-HOUSE 165 He is the only known survivor to live in this This resolution merely asks the President and President Clinton will be meeting with Chan­ bureaucratic purgatory. The time for technical­ the Secretary of State to support his efforts. It cellor Kohl on January 31 and passage of this ities is over. The time for justice is now. is outrageous that a U.S. citizen who suffered resolution will give him additional leverage in Let's pass this resolution. Thank you. the worst of the Nazi death camps should be pressing the Chancellor to reverse this injus­ Mr. NADLER. Mr. Speaker, I rise today in denied compensation which has been granted tice--an injustice that casts a shadow on our support of House Resolution 323 expressing to other victims. relationship with Germany. the sense of the House of Representatives The House has already expressed its agree­ So let's pass this resolution and right this that President Clinton and Secretary of State ment with this principle, and its concern about terrible wrong. Christopher should publicly and quickly re­ this case, when it approved H.R. 2333, author­ Mr. TORRICELLI. Mr. Speaker, today I join solve the case of Hugo Princz with the Ger­ izing appropriations for the Department of my colleagues in urging President Clinton and man Government. The support of our Govern­ State, the U.S. Information Agency, and relat­ Secretary of State Christopher to engage in ment, at the highest levels, is what is needed ed agencies. In adopting this resolution sepa­ strong and swift diplomatic action with the to ensure that Mr. Princz finally obtains the rately, we have an opportunity to draw atten­ German Government to resolve the case of compensation he deserves. tion to our particular concern about this injus­ Hugo Princz. I am proud to be a cosponsor of The story of Hugo Princz and his family is, tice. House Resolution 323 and to lend my strong by now, well known. Although he was a U.S. Mr. HUGHES. Mr. Speaker, I rise in support support to its passage. citizen, he and his family were arrested by the of House Resolution 323 which seeks to cor­ First, I would like to commend Chairman Nazis and deported to concentration camps. rect a wrong that has existed for far too long. HAMIL TON and my colleagues on the Foreign Only Mr. Princz survived his internment at Hugo Princz is a man who has suffered the Affairs Committee for their swift and forthright Auschwitz and Dachau. tragedy of a lifetime. As Jewish Americans liv­ action in bringing this resolution to the House Unlike many survivors of the Holocaust, Mr. ing in Czechoslovakia, he and his family were floor. The story of Mr. Princz is one of an Princz has been denied reparations by the arrested and forced to endure the unspeak­ American citizen who needs the help of this German Government because he was never able horror of the Holocaust. He alone sur­ Congress and I am glad we could be there to formally processed as a refugee through a vived as a slave laborer in Auschwitz and Da­ provide it. center for displaced persons. Ironically, it was chau. Mr. Princz was an American Jew living in his American citizenship which landed him in­ After being liberated by American soldiers, Czechoslovakia with his family during the out­ stead in an American military hospital rather Hugo Princz returned to the United States. He break of World War II until Nazi authorities ar­ than a D.P. center. filed for war reparations and found that as an rested him and his family and sent them to the Mr. Speaker, Hugo Princz has diligently pur­ American citizen he did not meet the German concentration camps at Dachau and Ausch­ sued his every legal option since 1955 without criteria of having been displaced. I can think of witz. Mr. Princz was the only one who sur­ vived. In 1945 on a train to certain death, Mr. success. His case is compelling. The injustice no more terrible displacement than to lose Princz was liberated by American soldiers. he has suffered-first at the hands of the one's family in the Holocaust. Army officials recognized Mr. Princz as an Nazis, then through ·the indifference of the This resolution calls upon President Clinton American and brought him to an Army hospital post-war government-is enormous. It is not and Secretary Christopher to press the Ger­ for treatment. While this action probably saved too late to provide Hugo Princz with the com­ man Government to ensure that Hugo Princz his life, it has prevented Mr. Princz from re­ pensation he rightfully deserves. receives the reparations to which he is enti­ ceiving the reparations paid by the German As the representative of a district with what tled. The Senate has already passed a com­ Government to Holocaust survivors. is quite possibly the largest population of Hol­ panion resolution. Now more than 40 years later, let us correct this injustice. Astonishingly, the German Government has ocaust survivors in the United States, I under­ refused Mr. Princz' request because he is an stand that compensation will never heal the Mrs. LOWEY. Mr. Speaker, I rise in strong support of House Resolution 323 which would American citizen and was never processed by wounds of that terrible era. Compensation will German officials as a refugee or stateless per­ never restore the families slaughtered, the begin the process of righting a historic injus­ tice. son. Mr. Princz, with assistance from the U.S. communities obliterated, the refugees scat­ Congress and the State Department, has at­ tered, the homes destroyed. But compensation The facts about this case are nothing less than amazing. tempted to rectify this injustice over the past is nonetheless owed to every survivor, it is 40 years. owed, Mr. Speaker, to Hugo Princz. Hugo Princz, of Highland Park, NJ, is a sur­ vivor of the Nazi death camps. The rest of his It is incomprehensible that the German Gov­ I urge my colleagues to vote for House Res­ ernment could deny Mr. Princz the reparations olution 323 and I urge President Clinton and family were murdered in those camps. After liberation, Mr. Princz made his way to to which he is entitled. His pain and suffering Secretary Christopher to act quickly and with was equally as horrific as that of any other conviction to press the German authorities to the United States where he married, raised a family, and somehow found the strength to re­ survivor who has received compensation. Mr. recognize their debt to Hugo Princz. Princz has already suffered enough. Please Mr. BERMAN. Mr. Speaker, I rise in strong build his life. In 1955---having learned that the Federal join me in sending a message to the Clinton support of House Resolution 323. The issue administration and the German Government to here is a very simple one. While the German Republic of Germany had agreed to pay rep­ arations to survivors of the Holocaust-Mr. take the appropriate steps to ensure that Mr. Government has distributed billions of dollars Princz receives the reparations he deserves. in compensation to survivors of the Nazi death Princz made application for compensation. His application was denied. Mr. RICHARDSON. Mr. Speaker, today the camps, for some inexplicable reason it has re­ And denied again. And again. And again. House of Representatives has the opportunity fused to compensate Hugo Princz, an Amer­ For 40 years, the German Government has to go on the record in support of righting an ican citizen who was a victim of the concentra­ refused to recognize their obligation to com­ historic wrong. The tragedy of the Holocaust is tion camps in Maidanek, Auschwitz, and Da­ pensate Hugo Princz. well known. Not so well known are the individ­ chau. His father, mother, and sister, all U.S. Its reason was simple. ual stories that make up the larger horror. The citizens, were exterminated at the Treblinka Mr. Princz was an American citizen. tragedy that surrounds Hugo Princz is one of death camp. At Auschwitz, Hugo Princz And that was true. At the time that the those unknown stories. Mr. Princz is an Amer­ watched as his two brothers, also U.S. citi­ Princz family was arrested by the Nazis, they ican citizen who survived the camps of Ausch­ zens, were intentionally starved to death. Mr. were Jewish Americans residing in Europe. witz and Dachau, though his wife and children Princz himself was saved from death only by That made no difference to the Nazis when did not. the last minute interception by U.S. troops of they threw them in the camps. In 1942, Mr. Princz and his family were U.S. the train that was carrying him to his death. It has made every difference to the post-war citizens living in Europe. He and his family Mr. Princz complied with all requirements for German Government when it denied Hugo were arrested by the Nazis who ignored their applying for reparations for concentration Princz reparations on the ground that, as an valid U.S. passports on the grounds that they camp survivors from the German Government. American, he didn't fit the German criteria for were Jews. Princz and his family were de­ It appears highly likely that the only reason for reparations. ported to concentration camps where all but the denial to him of such benefits were cir­ This bill calls on the United States Govern­ Princz were exterminated. cumstances related to his U.S. citizenship. All ment to raise the Princz case with the German Following the liberation, Hugo Princz, as an he now seeks is that this injustice be rectified. Government at the highest levels. American, was sent to a U.S. military hospital 166 CONGRESSIONAL RECORD-HOUSE January 26, 1994 and did not go through a displaced persons necessary to ensure that Mr. Princz' case is the rules were suspended and the reso- camp. Because Princz bypassed the DP satisfactorily resolved by extending full and fair 1u tion was agreed to. camp, he has been refused German repara­ reparations for this gross injustice. A motion to reconsider was laid on tions for over 40 years. Mr. KING. Mr. Speaker, I rise to express the table. Mr. Speaker, it appears that Mr. Princz' strong support for House Resolution 323. This case is unique. Nonetheless, that fact in no measure expresses the sense of Congress way diminishes the horror Mr. Princz experi­ that the U.S. Government should actively in­ GENERAL LEAVE enced nor the loss he incurred. It is wrong that tervene on behalf of Mr. Hugo Princz. Pas­ Mr. HAMILTON. Mr. Speaker, I ask the German Government has not paid repara­ sage of this resolution by the House is a posi­ unanimous consent that all Members tions and I thank my colleagues for bringing tive step to correct a terrible injustice and a re­ may have 5 legislative days in which to this issue to the attention of the House. affirmation of our desire to ensure that horrors revise and extend their remarks on It is my hope that the House of Representa­ of the Holocaust are never forgotten. House Resolution 323, the resolution tives, acting as did the Senate, to call upon Specifically, House Resolution 323 urges just agreed to. the German Government to release repara­ President Clinton and Secretary of State War­ ren Christopher to raise this matter with the The SPEAKER pro tempore. Is there tions payments to Hugo Princz, will help re­ objection to the request of the gen­ solve this dark chapter. Reparations can never German Chancellor and Foreign Minister when they visit Washington next week, and state tleman from Indiana? diminish the loss that Hugo Princz experi­ There was no objection. enced. They can, however, acknowledge his publicly that the United States will no longer loss and suffering and therefore, I urge my tolerate "continued discriminatory treatment of colleagues to support House Resolution 323. Mr. Princz." As many in this Chamber know, MAKING IN ORDER MOTION TO Mr. Princz, a survivor of the Holocaust, has Mr. GEPHARDT. Mr. Speaker, I want to ex­ SUSPEND THE RULES ON TODAY press my strong support for House Resolution unsuccessfully sought reparations from the 323-a bill to secure reparations from the Ger­ German Government for 40 years. I am very Mr. DE LUGO. Mr. Speaker, I ask man Government for Hugo Princz, a Jewish pleased that this institution is going on record unanimous consent that it be in order United States citizen interned in a German in support of Mr. Princz. today for the Speaker to entertain a concentration camp during World War II. For those who are not familiar with Mr. motion to suspend the rules and pass Hugo Princz and his family were U.S. citi­ Princz's plight, I welcome this opportunity to H.R. 2144, the Guam Excess Lands Act. zens residing in Europe during World War II. provide the facts. As Americans living in Eu­ The SPEAKER pro tempore. Is there In 1942, they were arrested by the Nazis who, rope, Mr. Princz and his family were taken objection to the request of the gen­ ignoring their valid U.S. passports on the prisoner by the Nazis in 1942 as enemy tleman from the Virgin Islands? ground that they were Jewish, deported them aliens. They were officially considered civilian There was no objection. to concentration camps where all died except prisoners and not prisoners-of-war. Despite for Mr. Princz. Mr. Princz survived his intern­ protests by Mr. Princz' father that they were ment as a slave laborer at both Auschwitz and United States citizens, the Nazis refused to GUAM EXCESS LANDS ACT Dachau concentration camps. honor the validity of their passports since they Mr. DE LUGO. Mr. Speaker, I move to In 1946, Mr. Princz was liberated by U.S. were Jewish. Mr. Princz' parents and siblings suspend the rules and pass the bill Armed Forces and was sent to a U.S. military were subsequently murdered in Nazi death (H.R. 2144) to provide for the transfer of hospital for treatment. After returning to the camps and, Mr. Princz, after being forced to excess land to the Government of United States, Mr. Princz pursued a pension watch his brother starve to death in Auschwitz, Guam, and for other purposes, as through the German program established to was marched to the Dachau slave labor camp. amended. compensate survivors of the Holocaust. For Just hours before his scheduled execution, he The Clerk read as follows: was saved by American forces liberating the the past 40 years, his claim has been repeat­ R.R. 2144 edly refused. Because his internment was not area and sent to an American military hospital for treatment. Be it enacted by the Senate and House of Rep­ processed through a center for displaced per­ In the 1950's, the Federal Republic of Ger­ resentatives of the United States of America in sons in Germany following the war, Mr. Princz Congress assembled, many set up a reparations program for Holo­ was not considered stateless or a refugee and caust survivors to which Mr. Princz made SECTION 1. SHORT TITLE. thus did not meet the German eligibility criteria This Act may be cited as the "Guam Ex­ timely application. His application was rejected cess Lands Act''. for the reparations program. on the grounds that he was an American citi­ In 1992, after exhausting diplomatic chan­ SEC. 2. TRANSFER. zen at the time of his capture and not a state­ nels, Mr. Princz, brought a lawsuit against the (a) IN GENERAL.-The Administrator of less person or refugee. After exhausting all General Services shall, subject to section 3, Federal Republic of Germany in Federal Court diplomatic efforts to obtain compensation, in in Washington, DC. Germany's motion to dis­ transfer all right, title, and interest of the 1990 Mr. Princz filed a suit against the Ger­ United States in and to the parcels of land miss the suit was denied by the district court, man Government in Federal court, where it is described in subsection (b) (together with and its appeal of that decision was recently still pending. any improvements thereon) to the Govern­ heard by the D.C. Circuit. On December 15, Mr. Speaker, as a member of the Congres­ ment of Guam for public benefit use, by quit­ 1993, the appellate court issued an order in­ sional Human Rights Caucus, I am pleased claim deed and without reimbursement. structing the parties to advise it in 90 days of that the House has acted today and passed Such transfers shall take place after a deter­ the status of executive and legislative branch House Resolution 323. I look forward to work­ mination by the head of the Federal agency activities bearing on this outstanding case. controlling a parcel that the parcel is excess ing with my colleagues on the Caucus in mon­ to the needs of such agency. This unusual directive gives added impetus itoring the German Government's actions in to already underway appeals made by both (b) DESCRIPTION OF PARCELS TO BE TRANS­ this matter. FERRED.-Unless a parcel of land described in the executive and legislative branches. Con­ Mr. GILMAN. Mr. Speaker, I have no this subsection has been disposed of under gress and the State Department have made further requests for time, and I yield other authority on or before the date of the repeated efforts to persuade the German Gov­ back the balance of my time. enactment of this Act or is transferred for ernment to settle Mr. Princz' case. The intro­ Mr. HAMILTON. Mr. Speaker, I have further Federal utilization as a result of the duction of House Resolution 323, and its com­ no further requests for time, and I screening required by section 3(a), the par­ panion resolution, Senate Resolution 162, to­ yield back the balance of my time. cels of land required to be transferred under gether sent a clear message to the German The SPEAKER pro tempore (Mr. subsection (a) shall consist of the following: Government of American concern for the MENENDEZ). The question is on the mo­ Navy Parcels prompt resolution of this issue. South Finegayan ...... 445 acres tion offered by the gentleman from In­ Nimitz Hill Parcels and 1 Furthermore, I join my colleagues in urging diana [Mr. HAMILTON] that the House and 2B ...... 208 acres President Clinton and Secretary of State suspend the rules and agree to the reso- NA VMAG Parcel 1 ...... 144 acres Christopher to raise this issue with Chancellor 1u tion, House Resolution 323. Apra Harbor Parcel 7 ...... 73 acres Kohl in their upcoming bilateral meeting on The question was taken; and (two­ Apra Harbor Parcel 8 ...... 6 acres January 31 and to take all appropriate steps thirds having voted in favor thereof), Apra Harbor Parcel 6 ...... 47 acres January 26, 1994 CONGRESSIONAL RECORD-HOUSE 167 Apra Harbor Parcel 9 ...... 41 acres mittee on Armed Services, and the Commit­ supported by each succeeding adminis­ Apra Harbor Parcel 2 ...... 30 acres tee on Governmental Affairs of the Senate. tration. Apra Harbor Parcel 1 ...... 6 acres (e) REVIEW BY COMMITI'EES.-Parcels of Additionally, this legislation, which Asan Annex ...... 17 acres land may not be transferred under this Act NA VCAMS Beach ...... 14 acres until 180 days after the submission to the was developed through the cooperative A CEO RP Msui Tunnel ... . 4 acres committees of the Congress specified in sub­ efforts of the Natural Resources, Gov­ Agat Parcel 3 ...... 5 acres section (d) of- ernment Operations, and Armed Serv­ Air Force Parcels (1) the appraisals provided for in sub­ ices Committees, is similar to provi­ Andersen South (portion section (b), and sions that passed both Houses in 1990. of Anderson Admin. (2) the land use plan provided for in sub­ Unfortunately, however, this legisla­ Annex) ...... 395 acres section (c). Camp Edusa (Family tion has been delayed for reasons that (0 GOVERNMENT OF GUAM LANDS WITHIN do not relate to its essential parts. Housing Annex 1) ...... 103 acres THE WAR IN THE PACIFIC NATIONAL HISTORI­ Harmon Communication CAL PARK.-Parcels of land may not be trans­ The delays have been especially un­ Annex No. 1 ...... 862 acres ferred under this Act until after the Govern­ fortunate since this measure would Harmon Housing Annex ment of Guam enters into a cooperative positively address what has become No. 4 ...... 396 acres agreement with the Secretary of the Inte­ such an issue in Guam that it is dam­ Harmon POL Storage rior, acting through the Director of the Na­ aging Federal relations with the terri­ Annex No. 2 ...... 35 acres tional Park Service, which grants to the Sec­ tory and is undermining military inter­ Harmon VOR Annex ...... 308 acres retary, at no cost, the administrative juris­ Harmon POL Storage ests there. diction over all undeveloped lands within the The issue is that the Federal Govern­ Annex No. 1 ...... 14 acres boundary of the War in the Pacific National Andersen Radio Beacon Historical Park, except those lands at ment continues to hold a substantial Annex ...... 23 acres Adelup Point, which are owned by the Gov­ portion of the land acquired from Gua­ Federal Aviation Adminis­ ernment of Guam. The lands covered by such manians in the wake of World War II tration Parcel cooperative agreement shall be managed in although it is not using most of the Talofofo "HH" Homer accordance with the general management land and Guamanians need it. Facility ...... 37 acres plan of the park and in the same manner as The Nation-and the people of (C) LEGAL DESCRIPTIONS.- The exact acre­ lands within the park that are owned by the Guam-are fortunate to now have the ages and legal descriptions of all parcels of United States. leadership on this issue of Guam's new land to be transferred under this Act shall be SEC. 4. OBJECTS AFFECTING NAVIGABLE AIR­ Delegate, ROBERT UNDERWOOD. He has determined by surveys which are satisfac­ SPACE. tory to the head of the controlling Federal The conveyance document for any land astutely approached both this legisla­ agency referred to in subsection (a). The cost transferred under this Act located within 6 tion and the overall issue. of such surveys, together with all direct and nautical miles of an airport shall contain a What H.R. 2144 would do is establish indirect costs related to any conveyance provision that requires a determination of no a special process to transfer ownership under this section, shall be borne by such hazard to air navigation to be obtained from to Guam of 22 parcels totaling some con trolling Federal agency. the Federal Aviation Administration in ac­ 3,219 acres that are now controlled by SEC. 3. TERMS AND CONDmONS. cordance with applicable regulations govern­ the Air Force, the Navy, and the Fed­ (a) FURTHER FEDERAL UTILIZATION SCREEN­ ing objects affecting navigable airspace or eral Aviation Administration. ING.-Parcels of land determined to be excess under the authority of the Federal Aviation This special process is warranted by property pursuant to section 2 shall be Act of 1958 (Public Law 85-726, as amended) the special circumstances of the situa­ screened for further Federal utilization in in order for construction or alteration on the accordance with the Federal Property and property to be permitted. tion and is precedented. It would be Administrative Services Act of 1949 (40 SEC. 5. SEVERE CONTAMINATION. more expedited than the normal U.S.C. 471 et seq.) and such screening will be Notwithstanding any other prov1s10n of dispoal process and provide broader completed within 45 days after the date on this Act, the Administrator of General Serv­ possible uses. which they are determined to be excess. ices, in his discretion, may choose not to The transfers would take place after: (b) APPRAISALS.-The Administrator shall transfer any parcel under this Act on which other agencies confirm that they do promptly appraise those parcels that are not there is severe contamination, the remedy of not need the property; it is appraised; needed for further Federal utilization to de­ which would require the United States to we have had 180 days to review the in­ termine their estimated fair market value. incur extraordinary costs. sular government's plans for its use; The head of the Federal agency which con­ SEC. 6. APPLICATION OF FEDERAL AND TERRI­ trols such parcels shall cooperate with the TORIAL LAWS. and the National Park Service is given Administrator in carrying out appraisals All Federal and territorial environmental control over local government inhold­ under this section. The Administrator shall laws and regulations shall apply to the par­ ings in the national park on Guam. submit a copy of the appraisals to the com­ cels transferred pursuant to this Act during The precedents I mentioned include mittees of the Congress specified in sub­ and after the transfer of such parcels. acts regarding Guam as well as recent section (d). The cost of such appraisals shall The SPEAKER pro tempore. Pursu­ base closure law. The special cir­ be paid for under section 204(b) of the Fed­ cumstances primarily related to how eral Property and Administrative Services ant to the rule, the gentleman from the Act of 1949 (40 U.S.C. 485(b)). Virgin Islands [Mr. DE LUGO] will be the Federal Government acquired the (C) LAND USE PLAN.- The parcels of land to recognized for 20 minutes, and the gen­ 30 percent of Guam it owns. be transferred under this Act shall be eligi­ tleman from Utah [Mr. HANSEN] will be After Guam was liberated from a bru­ ble for transfer after the Government of recognized for 20 minutes. tal enemy occupation during World Guam enacts legislation which establishes a The Chair recognizes the gentleman War II-which was marked by the un­ detailed plan for the public benefit use (in­ from the Virgin Islands [Mr. DE LUGO]. flinching loyalty of the Chamorro peo­ cluding, but not limited to, housing, schools, Mr. DE LUGO. Mr. Speaker, I yield ple of Guam-our Armed Forces ac­ hospitals, libraries, child care centers, parks myself such time as I may consume. quired most of the island in trans­ and recreation, conservation, economic de­ velopment, public health, and public safety) Mr. Speaker, this legislation is of actions that were often unfair. of such parcels and the Governor of Guam great significance to the territory of Islanders sold their land for a pit­ submits such plan to the committees of the Guam and is also important to the De­ tance, sometimes under pressure or not Congress specified in subsection (d). fense Department. understanding terms, and often out of (d) SUBMISSIONS.-The appraisals and land It should have been enacted a few a sense of patriotism or gratitude for use plan required to be submitted to the years ago * * * not only because the freedom. There was also an assumption committees of the Congress under sub­ need for it is pressing but also because that the property would only be used sections (b) and (c) shall be submitted to the there has been a general consensus on for the Nation's defense. Committee on Natural Resources, the Com­ mittee on Armed Services, the Committee on accomplishing its main purpose for Congress has acted to right the Government Operations and the Committee years. wrongs of the acquisitions themselves. on Merchant Marine and Fisheries of the In fact, it would authorize comple­ Individuals whose land was unfairly ac­ House of Representatives and the Committee tion of a process begun during the quired have been authorized to sue for on Energy and Natural Resources, the Com- Carter administration that has been fair compensation. 168 CONGRESSIONAL RECORD-HOUSE January 26, 1994 But this did not resolve the problem I, and others, sought to break the stalemate must be maintained in a manner consistent of too much land being withdrawn from by working out a compromise in 1990. It pro­ with the park. But I also recognized that this the community* * *a big problem for vided the best balance possible between the did not require a transfer of ownership; that a small island. view in Guam that the land should be given to such a transfer would be objectionable to And there is no debate that the Fed­ individuals for their private use and the gen­ Guam given the emotions surrounding the eral Government holds more land in eral Federal policy of requiring that land given issue of Federal land ownership; and that Guam that it needs. Guam's legislature for free be used for public purposes. It would Guam would only be willing to compromise so recently noted that only about 12,000 of allow the land to be used for a broader array much to obtain the land that would be trans­ the approximately 44,000 federally of purposes that benefit the people of Guam. ferred by this legislation. owned acres are even fenced and, of Although this compromise passed both Additionally, though, I recognized the reality these, only half are apparently being Houses, it was not enacted, however, after of the strong sentiment among Members for used. final action on the other side of the Capitol ensuring that Guam's obligations regarding the So that is where this legislation came too late in the 101 st Congress. park are fulfilled. The gentleman from Guam comes in. And it would really return Delegate Blaz sponsored a bill based on the also recognized it. land taken for a specific purpose that 1990 compromise in 1992. Interior's territories Thanks to his leadership and work, as well no longer exists rather than simply office then again effectively stymied passage as the consideration and efforts of the distin­ give it to Guam. by raising questions which were not essential guished gentlemen from Minnesota and Utah, Mr. Speaker, the 1950 law that organized to it. we have, therefore, developed the fairest com­ Guam's civilian government included an initial Meanwhile, tensions related to the contin­ promise possible. It would retain Guam's own­ effort to address this problem. Under it, land ued Federal control of so much of Guam in­ ership of the land involved and provide Guam was returned to resettle and rehabilitate the is­ tensified during these years of unnecessary with an opportunity to work out matters relat­ land as well as help establish the government. delays. Frustration grew as original land own­ ing to management of the land with the Na­ But it has long been clear that more needs ers passed away. tional Park Service. to be done. Much of the land that the military The discontent has become so great that it Mr. Speaker, the text of the substitute that owns on Guam was not used even during the has led to occupations of military land and be­ I have presented have been worked out with height of the Vietnam war. come a dominant issue on the island. While it has remained idle, however, the the chairmen of the two other committees to The current gentleman from Guam [Mr. people of Guam have developed an increasing which the bill was referred-Government Op­ UNDERWOOD], has approached this difficult sit­ need for land for housing and other essential erations and Armed Services-as well as the uation intelligently and aggressively. Merchant Marine and Fisheries Committee. purposes. Additionally. they have been priced He resurrected the 1990 compromise out of the market as Japanese investment has One of the changes made from the lan­ through this bill. He has also organized talks guage reported by the Natural Resources escalated values. related to other land issues among all con­ And Guam, it should not be forgotten, as a Committee is the deletion of a provision that cerned Federal and local parties. And he has territory lacks the leverage that a State would would have made clear that a law providing passed the Defense Department to identify have to force Federal attention to its needs. the homeless a priority claim to disposed of Its pioneering first Delegate, my late friend, more land that it does not need. land does not apply to the land covered by Tony Won Pat, was able to set the stage for So, his efforts may require action on our this bill. this bill, though, by working with the Carter ad­ parts in the future in addition to this bill. We have agreed to delete this provision be­ ministration to identify land not needed by the Mr. Speaker, the Insular and International cause it is not necessary. Regulations already military. Affairs Subcommittee held a hearing on H.R. make clear that the law that would have been In 1980, he got special legislation enacted 2144 last July 29th. There was general sup­ cited does not apply when land is transferred to transfer some 927 acres to local control. port expressed for this compromise with one pursuant to special legislation, which is what But his effort regarding a few thousand other exception that I mention because it has af­ this measure is. Further, the other provisions acres identified by the Defense Department fected the consideration of this legislation. of this measure should already provide suffi­ was delayed when the incoming Reagan ad­ Interior's territories office, which, I should cient guidance regarding the land's future use. ministration wanted to review the Carter ad­ note, does not have authority over the matters In concluding, Mr. Speaker, I want to note ministration's decisions. covered by this legislation, proposed that the that the executive branch also supports this After it finally concluded that most of the land be transferred to it for disposal. It wanted measure. land could be released, Guam's Delegate at to use the land, first, for exchanges for private The Defense Department recognizes that fi­ the time, Ben Blaz, proposed a transfer bill in inholdings in the national park and also re­ nally returning the land involved to Guam is 1987. quire the government of Guam to transfer critical to gaining the community acceptance Unfortunately, the bill was handicapped by ownership of its inholdings in the park to the necessary for its continued use of land that it unrealistic provisions. Even more unfortu­ Federal Government before it would receive does need there and that acceptance is impor­ nately, the Interior Department's territories of­ any of the land not used for these exchanges. tant since our national security mission in fice stymied passage by proposing an even It also wanted to have to approve of Guam's Guam is vital. more complicated alternative. plans for using any land it did get and the The Air Force and Navy commanders on While their proposals were unrealistic, how­ power to require Guam to pay the Federal the island, Deputy Assistant Secretary Stanley ever, what they sought to address is a very Government if it used this land in a way not Roth, Under Secretary Frank Wisner, and oth­ real feeling among many former landowners approved by the office. ers have been helpful in explaining the impor­ that the land ought to be returned to them. The subcommittee did not agree with the tance of this legislation. Many are unhappy with the $39.5 million set­ territories office's proposal and approved the The Interior Department has also come to tlement of their unfair takings cases. legislation essentially as planned. But the of­ support this measure. One problem with this idea, of course, is fice did get other issues to be raised. The So, as I hope that I have made clear, this that the former owners have already been leadership of the National Parks, Forests, and measure also deserves this House's support. given the opportunity to obtain fair compensa­ Public Lands Subcommittee insisted that the tion through the courts for land taken unfairly. issue of the government of Guam's inholdings D 1310 The settlement was hundreds of millions of in the national park be addressed. The chair­ Mr. Speaker, I reser-ve the balance of dollars less than even Federal estimates of man of the Merchant Marine and Fisheries my time. what it would be. But this will not convince Committee wanted to ensure that land could Mr. HANSEN. Mr. Speaker, I yield many here that former owners should now be be used for conservation purposes. myself such time as I may consume. given land back. We have worked up until shortly before we Mr. Speaker, I thought the remarks Another problem with the idea of returning came on this floor today to address the na­ of my friend, the gentleman from the land to former owners is that much of the land tional park issue. My own view was that it is Virgin Islands, [Mr. DE LUGO], were ex­ will never be able to be returned since it will an unrelated issue that should be handled cellent remarks, and I especially liked continue to be retained by the military or has separately, if possible. I recognized that the the point where he said the Federal been given to the local government. territorial government's land within the park Government holds more ground in January 26, 1994 CONGRESSIONAL RECORD-HOUSE 169 Guam than the Federal Government about the past, it is about the future. respect to land and Guam shares along needs. We could easily add to that the It is about a commitment from this with other Pacific islands a view of the 11 Western States, and I hope that we Congress to address the land pro bl ems land which intimately connects to our keep that in mind when we start doing on Guam, and the land history of fiber as a people, as a culture-and that with some of the Western States. Guam. This bill is about a commitment when we call refer to ourselves in the I greatly appreciate that statement from the administration to seek work­ ancient way-we say taotao tano-peo­ and hope that it is emblazoned in mar­ able solutions to these problems with ple of the land. ble somewhere. the Congress and the people of Guam. Because of the strategic nature of Mr. Speaker, I rise in support of H.R. This bill is about good faith efforts and our island-our land-our dot in the 2144, a bill to transfer excess Federal patience. middle of the ocean, we have been tra­ lands to the Government of Guam. As Those good faith efforts extend back versed by pirateers, so-called discov­ the committee report on this bill cor­ to Guam's venerable statesman, Mr. erers, interlopers and strategists all rectly points out, excessive Federal Antonio Borja Won Pat, Guam's first eager in some way-so it seems to dis­ land ownership often creates adverse Delegate to Congress. They include the poses us of our land for some grander local and regional economic impacts. efforts by my predecessor, Mr. Ben purpose which we understood only im­ As a general rule, I believe that trans­ Blaz, to find solutions. These efforts in­ perfectly. ferring more control over Federal lands clude my work with the House commit­ The land which is being returned to State and local governments will re­ tees and the Government of Guam to through this bill was taken by the sult in more economic opportunity as find the common ground where our in­ military after World War II from fami­ well as better land management. terests converge. lies and individuals who are still very Therefore, I support the basic premise The effort to find solutions and jus­ much with us today. Their saga is of this bill. tice for the people of Guam begins here filled with stories of false promises and However, I was concerned that the today. It is a good sign, and a good the inability to contest in a civilian original version of this bill permitted start that this bill addresses lands court the military's takings. The land the Government of Guam to continue excessed 15 years ago, because we are in question has not been used for dec­ to administer lands inside War in the saying to Guam that we can make a ades. The land has been declared excess Pacific National Historical Park, a break with the past, and we can begin by military strategists over 15 years park established nearly 15 years ago to the difficult task that confronts us as ago. commemorate the American liberation the prospect of more Federal excess It is about time that we return it to of Guam. It seemed reasonable to me to lands heightens the tensions on Guam the people of Guam; it is about time require the Government of Guam to fa­ and increases the demands for a com­ that we do the right thing. prehensive land solution. cilitate National Park Service manage­ While this bill is not that comprehen­ There is bitterness, anger, and rage ment over these key inholdings by sive solution, it does show that solu­ over the how the land was originally transferring them to the Secretary of tions are possible. Ultimately, the best taken in Guam. But there is also hope the Interior. While the version we are solution is to give Guam as much au­ and opportunity. It is up to us here acting on today does not transfer title thority as possible to resolve land is­ today to demonstrate that such hope to the lands, it does ensure the protec­ sues on Guam, where land issues are and opportunity can override bitter­ tion and management of these lands as most clearly understood. ness and rage through responsible pub­ key components of this important na­ Just last week I convened a land con­ lic policy which says that we hear the tional park. ference on Guam to begin the task of people of Guam and the House is will­ I appreciate the willingness of the forming a consensus on land issues. ing to do the right thing. gentleman from Guam in working with While there was frustration and dis­ Dankulo na si Yu'os ma'ase' todos me to address my concerns and I en­ appointment expressed by the people of hamyo. courage my colleagues to support this Guam, there clearly was also hope for D 1320 bill. the future. Our action today conveys Mr. Speaker, I reserve the balance of that there is reason for that hope and Mr. DE LUGO. Mr. Speaker, I yield 2 my time. there is reason to believe that change minutes to the gentleman from Min­ Mr. DE LUGO. Mr. Speaker, I yield 5 is possible. nesota [Mr. VENTO], the chairman of minutes to the gentleman from Guam, I sincerely thank Chairman MILLER, the Subcommittee on National Parks, the Honorable ROBERT UNDERWOOD, Chairman DE LUGO, and Chairman Forests, and Public Lands, one of the sponsor of this legislation. VENTO for their work on this bill, and gentlemen that I am going to really Mr. UNDERWOOD. Mr. Speaker, I I urge my colleagues to pass H.R. 2144. miss around here. thank the gentleman for yielding this This is a momentous occasion for the Mr. VENTO. Mr. Speaker, I, first of time to me. people of Guam and I cannot let it pass all, want to comment on the generous Mr. Speaker, today's House consider­ without remembering the faces of the comments made by my colleague. He ation of H.R. 2144, the Guam Excess Chamorro people from whom this land will certainly be missed as he has an­ Lands Act, is a significant event for was originally taken and for whom it nounced in the last week his decision Guam, not just because this bill trans­ should ultimately benefit. not to seek or stand for reelection in fers 3,200 acres of excess Federal lands Land is a critical issue for a small is­ the Virgin Islands after his nearly 30 to back to the people of Guam, but more land; I recognize that land issues 40 years of service to the people of the so because by our actions we begin to throughout the nation are difficult and Virgin Islands and to this Nation. So, unravel a history of land takings on raise thorny issues of local control, pri­ he continues on this year working on Guam. vate property rights, public interest, the issues of the territories that are so I want to recognize the support and constitutional rights and condemna­ important to us. hard work of Chairman MILLER, Chair­ tion procedures. Mr. Speaker, I rise in support of H.R. man DE LUGO and Chairman VENTO in In this regard, it is important to un­ 2144. As explained by chairman DE helping me to bring H.R. 2144 to this derstand that Guam is not just a mi­ LUGO, this bill would transfer approxi­ point. I also want to acknowledge the crocosm of the confluence of these in­ mately 3,200 acres of excess Depart­ efforts of Mr. YOUNG, Mr. HANSEN, and terests and perspectives. Inevitably, ment of Defense land to the govern­ Mr. GALLEGLY in finding acceptable so­ some will see this bill and the interest ment of Guam for such public benefit lutions to some very difficult issues that is has engendered only in this uses as housing, schools, and hospitals. that this bill deals with. fashion. We do not argue with that per­ These lands were identified as excess to The parcels of land being transferred spective. military needs in 1977. I commend Con­ by this bill were identified as excess But there is more, there is lots more. gressman UNDERWOOD for the effort he over 15 years ago, but this bill is not Guam does have a unique history with has put into resolving the complex is- 170 CONGRESSIONAL RECORD-HOUSE January 26, 1994 sues surrounding this bill and other tional Park Service to undertake this During the Second World War, land use issues on Guam. Congressman review if they feel there is sufficient Guam's struggle to regain its freedom UNDERWOOD has shown positive leader­ reason to do so. In the meantime I urge is well documented by American sol­ ship through his work on this bill and the swift passage of H.R. 2144, as diers who, many years later, helped the bill passed by Congress last year fi­ amended. free the citizens of Guam from certain nally providing for a monument to the Mr. Speaker, the final version of this genocide. After the war, the people of people of Guam at the War in the Pa­ legislation came about because of co­ Guam donated much of their land to cific National Historical Park. operation between the gentleman from defend U.S. interests against the com­ As chairman of the Subcommittee on the Virgin Islands [Mr. DE LUGO], the munist menace enveloping much of National Parks, Forests and Public gentleman from Utah [Mr. HANSEN], Asia. Whether or not the landowners Lands, I worked with Chairman DE and the gentleman from Guam [Mr. understood the terms of the transfers LUGO, the delegate from Guam, Mr. UNDERWOOD] with some input from my­ is not clear. UNDERWOOD and Committee member self. I instituted the idea some years Now that the cold war no longer ex­ Congressman HANSEN on the provisions ago, and I am pleased to see it come to ists, it is time for the U.S. Congress to of the bill concerning the War in the fruition. I commend the gentleman exercise its oversight responsibility Pacific National Historical Park. The from Guam and everyone else who was and return this land to its rightful War in the Pacific National Historical involved in this process. owner, the people of Guam. Park was established in 1978 to inter­ Mr. DE LUGO. Mr. Speaker, I yield 5 Mr. Speaker, the Federal Govern­ pret the major historic sites and events minutes to the gentleman from Amer­ ment currently owns 30 percent of the associated with the battle for Guam. ican Samoa [Mr. FALEOMAVAEGA], one land on the island of Guam, and over The authorized boundary of the park is of my best friends in this House, a gen­ the years this has caused considerable 1,960 acres, of which 915 are currently tleman I greatly admire. unrest in Guam. Because of the lack of owned by the Federal Government. The Mr. FALEOMAVAEGA. Mr. Speaker, available land, land prices are higher government of Guam holds title to 872 I would be remiss if I did not also ex­ than they would be if more land were acres inside the park boundary, of press the sentiments that were said available. It is difficult for the which 808 acres are submerged land and earlier by my dear colleague and Chamorro people to see land that the 64 acres are land parcels. The rest of friend, the gentleman from Minnesota Federal Government has declared as the lands are privately owned [Mr. VENTO]. I want to echo his sen ti­ excess to its needs to remain idle while inholdings. men ts concerning the gentleman from the local people cannot afford land of I offered an amendment in the Na­ the Virgin Islands [Mr. DE LUGO] who their own. tional Resources Committee which ad­ has been an outstanding leader as Mr. Speaker, proposals to transfer dressed the issue of the government of chairman of the Subcommittee on In­ this and additional excess land to the Guam's inholdings in the War in the sular and International Affairs, a gen­ people and Government of Guam have Pacific National Historical Park. This tleman whom I have had the highest been pending in Congress since 1977, amendment has subsequently been fur­ respect for over the years; I have but for many reasons, each of several ther modified after further discussions known Mr. DE LUGO since the 1970's when I served as a member of the staff bills have not passed. With another between the interested parties. The bill on the Committee on Natural Re­ year to go in this Congress, I am hope­ before the House today now in its final ful that this bill will become law. sources. But the fact is, he has also Mr. Speaker, I want to thank Chair­ form requires, as a condition of the used his tremendous talent and leader­ land transfer, a cooperative agreement ship in representing his constituents man GEORGE MILLER, Chairman BRUCE between the government of Guam and from the Virgin Islands, and he is cer­ VENTO, and Chairman RON DE LUGO, all the Secretary of the Interior which tainly a leader among the insular who have taken an active interest in transfers at no cost the administrative areas. His service for the past 20 years this bill, and provided valuable guid­ jurisdiction of all undeveloped lands as a Member of this body has been in­ ance. And Congressman ROBERT owned by the government of Guam to valuable and he will be missed by all UNDERWOOD should also be commended the Secretary of the Interior. It further who have worked with him. for his leadership and tenacity in keep­ provides that the lands covered by the Mr. Speaker, I rise today in strong ing this bill moving. agreement will be managed consistent support of H.R. 2144, a bill to provide I would also like to extend my com­ with the park's general management for the transfer of excess lands to the mendation and appreciation to the gen­ plan. Government of Guam. tleman from Utah [Mr. HANSEN] and This language will ensure that the It is my hope that today's vote will the ranking minority member, the gen­ lands inside the park will be managed be a significant step toward the final tleman from Alask [Mr. YOUNG] for consistent with park purposes while process of transferring 3,200 acres of ex­ their assistance and support of this leg­ being sensitive to the land ownership cess land currently owned by the Fed­ islation. concerns of the people and government eral Government to the people of Mr. Speaker, let us do the right thing of Guam. While I believe my commit­ Guam. In my opinion, all other alter­ today and return a measure of dignity tee amendment would have been ade­ natives previously proposed such as to a people in their own homeland by quate, this revised language is cer­ transferring the land to the Depart­ passing H.R. 2144. tainly acceptable and should protect ment of the Interior, or selling it to Mr. DE LUGO. Mr. Speaker, I yield 1 park values and not diminish local sup­ the highest bidder, are an insult to peo­ minute to the gentleman from Califor­ port for the park. With this language ple of Guam and an affront to the prin­ nia [Mr. MILLER], chairman of the we can proceed with moving the long ciple of fair play-a principle which Committee on Natural Resources, a overdue excess lands bill and end up touches on the very foundation of this gentleman that I greatly admire. I re­ with a positive outcome for both the great Nation of ours. member when he came to this House. people of Guam and the National Park During the cold war, the people of He was closely associated with a man Service. It is my understanding that Guam played their part in providing that I considered my mentor, and I am there is interest from the Delegate of the land required by the military for going to miss our chairman. He is one Guam and other citizens of the island the overall defense of our country. The of the real leaders in this House. in having a review of issues concerning cold war no longer exists and Federal Mr. MILLER of California. Mr. the legislative boundaries of the War in agencies declared as long ago as 1980 Speaker, I want to begin my remarks the Pacific National Historical Park. that they no longer need the 3,200 acres by expressing my sorrow, but also con­ The National Park Service has the au­ which on a small island like Guam, gratulating our colleague on his an­ thority to review boundaries and make constitutes a meaningful portion of nounced retirement. The gentleman recommendations for boundary adjust­ their overall landmass of 215 square from the Virgin Islands [Mr. DE LUGO] ments, and I would encourage the Na- miles. has just been an outstanding member January 26, 1994 CONGRESSIONAL RECORD-HOUSE 171 of the Committee on Natural Re­ nians from the Japanese. But subsequently [Mr. UNDERWOOD], and I hope that we sources, and a leader on the issues af­ the U.S. confiscated for national security pur­ will unanimously support H.R. 2144 and fecting the territories and an outstand­ poses more than half of Guam, including wish the people of Guam a good half a ing Representative of the Virgin Is­ many private residences and farms. The peo­ day. lands. He has been an ally my entire ple of Guam complained their lands were Mr. HANSEN. Mr. Speaker, I yield time in the Congress. taken without fair and just compensation. back the balance of my time. In response, the Navy filed condemnation Mr. DE LUGO. Mr. Speaker, I yield D 1330 proceedings in Federal court in 1948 and myself the balance of my time. It has been a pleasure and a genuine 1949, and eventually paid $1.5 million to Mr. Speaker, before I ask for ap­ benefit to this Nation to have the gen­ Guam for the land. Recognizing this did not proval of this bill, I want to thank the tleman on this committee and to have satisfy Guamanian concerns, the Congress leaders of the other committees with him in the Congress, and I certainly subsequently enacted Public Law 95-134 which we have worked: Government wish him the best. which enabled persons who felt they had not Operations Chairman JOHN CONYERS; Mr. Speaker, I rise simply to express received fair market value compensations for Armed Services Chairman RON DEL­ my support for this legislation. It is a their land to file suit. Public Law 96-205 pro­ LUMS and Military Installations and long time coming. I want to commend vided that awards from such suits be paid with Facilities Subcommittee Chairman our delegate from Guam [Mr. interest from the time of acquisition to the date DA VE MCCURDY; as well as Merchant UNDERWOOD] for raising these issues of fair compensation. Guamanians eventually Marine and Fisheries Chairman GERRY and bringing these issues to a conclu­ settled their suit for $39.5 million. STUDDS. sion so we can successfully bring about Public Law 95-134 and Public Law 96-205 I also want to thank the minority the transfer of this land and so the and the ensuing lawsuits have legally satisfied leadership of the Natural Resources Guamanian people can have much more the U.S. responsibilities to the people of Committee on insular issues, ranking say and control over the development Guam. But many feel the U.S. has outstanding minority member DON YOUNG and Sub­ of the resources and the assets of the moral obligations. committee ranking minority member Island of Guam. By returning land to Guam, H.R. 2144 will ELTON GALLEGLY. I must also point out I want to thank the subcommittee help satisfy those who believe the U.S. needs that Natural Resources Committee chairman, the gentleman from Min­ to do more for the people of Guam. The legis­ Chairman GEORGE MILLER has played a nesota [Mr. VENTO] for his involvement lation we are considering today has been sup­ key role as has National Parks, For­ and I thank the gentleman from Utah ported by the Reagan, Bush, and Clinton ad­ ests, and Public Lands Subcommittee [Mr. HANSEN] for his involvement in ministrations. Chairman BRUCE VENTO. Delegate ROBERT UNDERWOOD, the sponsor writing this legislation and adding his The gentleman from Utah also made of this legislation, is to be commended for his ideas in some cases and improving it. his mark on the bill. He has felt work on this bill. In addition, subcommittee I also wish to commend the chairman strongly about it and we have not fully committee chairmen RON DE LUGO and BRUCE of the full Committee on Armed Serv­ agreed but he has responsibly com­ VENTO, full committee chairmen RON DELLUMS, ices, the gentleman from California promised. GERRY STUDDS, and JOHN CONYERS, Armed [Mr. DELLUMS], and also the gentleman And we should not forget the staff Services Subcommittee Chairman DAVE from Michigan [Mr. CONYERS] for their which, as always, has been indispen­ MCCURDY, and Congressman JAMES HANSEN input in this matter. sable. played essential roles in crafting this legisla­ Mr. Speaker, I hope the House will Finally, as I have said before, the tion. I thank all of them for their efforts, and strongly support this legislation. It is gentleman from Guam has very capa­ encourage my colleagues to support this legis­ long overdue and badly needed. bly handled this matter. lation. H.R. 2144, the Guam Excess Lands Act, in­ In concluding, Mr. Speaker, I want to Mr. DE LUGO. Mr. Speaker, I yield 1 troduced by Delegate ROBERT UNDERWOOD, minute to one of the newer Members of ask Members once again to support would transfer to the government of Guam title the House, the gentleman from Califor­ this long overdue legislation. to approximately 3,200 acres of land declared nia [Mr. FARR]. Let me say to the gen­ Mr. MCCURDY. I rise in support of H.R. excess to the needs of the Federal Govern­ tleman, he should not feel as a newer 2144, Guam Excess Lands Act, as reported ment. This legislation has a long history, and Member constrained to eulogize me, al­ by the Committee on Natural Resources. This merits our support. though he is a good friend just the legislation was also ref erred to the House In 1980, the Carter administration identified same. Committee on Armed Services. As chairman more than 3,000 acres of Federal lands as ex­ Mr. FARR of California. Mr. Speaker, of the Subcommittee on Military Installations cess to the Federal Government's needs in I rise in support of H.R. 2144. I am one and Facilities, I would like to commend my fel­ Guam. Subsequently, in the final days of the of the newest Members of this House, low subcommittee member, Mr. UNDERWOOD, 101 st Congress both Houses considered legis­ and before coming here I served in the for his efforts in developing a new approach lation giving Guam title to the lands, but a bill California Legislature and with the with respect to excess Federal lands in Guam was never enacted due to the lateness .of the Council of State Governments, which is in order that this legislation can make its way session. H.R. 2144 is nearly identical to legis­ an association of State legislators. through the legislative process. lation approved by the full House in 1990. They have a western conference made As the House no doubt is aware, the Com­ Under terms of the legislation, the General up of legislators from the Western mittee on Armed Services acted upon this leg­ Services Administration is directed to transfer United States and from the Pacific is­ islation in both 1990 and 1992. I am pleased title to the land to Guam 180 days after the lands. that the House is giving this legislation its well­ Guam legislature enacts legislation specifying We happened to have our annual con­ deserved attention as one of the first orders of how the lands will be used for public benefit ference in Guam, and I learned a lot business in the 2d session of the 103d Con­ use. During the 180-day period, the Congress about the issue of the Guamian people. gress. will have the opportunity to review Guam's Now that I am standing here, I rise in This legislation requires the General Serv­ plans to determine if they are satisfactory. support of this very important legisla­ ices Administration to transfer ownership of 22 Mr. Chairman, throughout the country land tion. I know many Members who are parcels of land, approximately 3,219 acres, to ownership and management issues are gen­ representing those States have col­ the insular government after determination by erally controversial. In Guam the situation is leagues in their State legislatures who the controlling Federal agency that these par­ exacerbated partly because the Federal Gov­ would be supportive as well. This is es­ cels are no longer needed and other Federal ernment owns 30 percent of the island's ap­ sentially an issue of local control for a agencies have no requirement for the parcel. proximately 215 square miles. More impor­ community that well deserves to have The General Services Administration would tantly, Federal actions following World War II this land. It has been in U.S. possession also be required to undertake a fair market ap­ have left a bitter feeling in many Guamanians for a long time and under our control. praisal of the nonrequired parcels and report memories. The people of Guam appreciated Mr. Speaker, I salute the author of to the appropriate congressional committees. the United States efforts in liberating Guama- this bill, the gentleman from Guam In addition, the subsequent land transfers 172 CONGRESSIONAL RECORD-HOUSE January 26, 1994 would be contingent upon enactment by Guam THE JOURNAL Pomeroy Scott Tejeda of a law which specifies that such transferred Po shard Serrano Thompson The SPEAKER pro tempore. Pursu­ Price (NC) Sharp Thornton land would be provided for public benefit pur­ ant to clause 5 of rule I, the pending Rahall Shepherd Thurman poses. Rangel Sisisky Torricelli business is the question of the Speak­ Ravenel Skaggs Traficant The Committee on Armed Services has no er's approval of the Journal. Reed Skelton Tucker objection to the passage of H.R. 2144. I would The question is on the Speaker's ap­ Reynolds Slaughter Unsoeld again like to thank the sponsor, Mr. proval of the Journal. Richardson Smith (IA) Valentine UNDERWOOD and Mr. MILLER, the distinguished Roemer Smith (NJ) Velazquez Mr. VENTO. Mr. Speaker, pursuant Rose Spence Vento chairman of the Committee on Natural Re­ to clause 1, rule 1, I demand a vote on Rostenkowski Spratt Visclosky sources, for his support of this bill and our agreeing to the approval of the J our­ Rowland Stark Volkmer continued good working relationship with re­ Roybal-Allard Stenholm Washington nal. Rush Stokes Waters spect to Federal lands associated with the De­ (The question was taken, and the Sabo Strickland Watt partment of Defense. Speaker pro tempore announced that Sanders Studds Wilson Mr. STUDDS. Mr. Speaker, H.R. 2144, in­ Sangmeister Stupak Wise the ayes appeared to have it.) Santorum Swett Woolsey troduced by the gentleman from Guam, directs Mr. VENTO. Mr. Speaker, I object to Sarpalius Swift Wyden the General Services Administration to transfer the vote on the ground that a quorum Sawyer Synar Wynn roughly 3,200 acres of surplus Federal land on is not present and make the point of Schenk Tanner Yates that island to the Government of Guam for order that a quorum is not present. Schumer Tauzin Young (FL) public benefit. The Committee on Merchant The SPEAKER. Evidently a quorum NAYS-140 Marine and Fisheries was going to request a is not present. Allard Goodlatte Oxley sequential referral of the bill, but for reasons The Sergeant at Arms will notify ab­ Archer Goodling Packard noted below, will not do so, without prejudice Bachus (AL) Goss Paxon sent Members. Baker (CA) Grams Petri to its jurisdictional interest in the matters con­ The vote was taken by electronic de­ Barrett (NE) Grandy Porter tained in H.R. 2144. vice, and there were-yeas 247, nays Bartlett Gunderson Portman The Merchant Marine and Fisheries Com­ Barton Hancock Quillen 140, not voting 46, as follows; Bentley Hansen Quinn mittee's interest in this bill concerns the pres­ [Roll No. 2) Bereuter Hastert Ramstad Hefley ence of endangered species habitat on por­ YEAS-247 Bilirakis Regula tions of the parcels selected for conveyance to Bliley Herger Ridge Abercrombie Evans Lantos Blute Hobson Roberts the Government of Guam. After careful con­ Ackerman Farr LaRocco Boehle rt Hoekstra Rogers sideration and review, however, the committee Andrews (ME) Fazio Laughlin Boehner Hoke Rohrabacher feels confident that the addition of several pro­ Andrews (NJ) Fields (LA) Levin Bonilla Horn Roth visions to the bill-most notably section 6 re­ Applegate Filner Lewis (GA) Bunning Huffington Roukema Bacchus (FL) Fingerhut Lipinski Burton Hunter Royce garding the applicability of Federal and terri­ Baesler Fish Livingston Buyer Hyde Saxton torial environmental laws-will ensure that the Ballenger Foglietta Lloyd Callahan Inhofe Schaefer mandates of laws such as the National Envi­ Barca Foley Long Calvert Istook Schiff Barcia Ford (Ml) Lowey Camp Jacobs Schroeder ronmental Policy Act, the Endangered Species Barlow Ford (TN) Maloney Canady Johnson (CT) Sensenbrenner Act, and the Clean Water Act shall apply both Barrett (WI) Frank (MA) Mann Castle Johnson, Sam Shaw during and after the transfer of these parcels. Bateman Frost Manton Clinger Kim Shays With this important clarification, the committee Becerra Furse Manzullo Coble King Shuster Beilenson Gejdenson Margolies- Collins (GA) Klug Skeen fully supports the transfer of lands provided for Berman Gephardt Mezvinsky Cox Knollenberg Smith (Ml} in H.R. 2144. Bevill Geren Markey Crane Kolbe Smith (TX) Lastly, as some of my colleagues may be Bilbray Gibbons Martinez Cunningham Lazio Snowe Bishop Gillmor Matsui DeLay Leach Solomon aware, H.R. 2144 represents only one compo­ Blackwell Gilman Mazzo Ii Diaz-Balart Levy Stearns nent of the growing debate on the future of ex­ Boni or Glickman Mccloskey Dickey Lewis (CA) Stump cess Federal lands on Guam. Particularly in Borski Gonzalez Mccurdy Doolittle Lewis (FL) Sundquist the wake of the cold war and the excessing of Boucher Gord0n McDermott Dreier Linder Talent Brooks Green McHale Duncan Machtley Taylor (MS) lands previously controlled by the Department Brown (FL) Greenwood Mclnnis Dunn McCrery Taylor (NC) of Defense, the intensity of feelings on the Brown (OH) Gutierrez McKinney Ehlers McHugh Thomas (WY) part of the people of Guam on this subject has Byrne Hall(OH) McMillan Everett McKeon Torkildsen Cantwell Hall(TX) McNulty Ewing Meyers Upton increased considerably. Indeed, many issues Cardin Hamburg Meehan Fawell Mica Vucanovich concerning surplus Federal land and the pres­ Carr Hamilton Meek Fields (TX) Miller (FL) Walker ervation of endangered species habitat on the Chapman Harman Menendez Fowler Molinari Walsh Clayton Hayes Mfume Franks (CT) Moorhead Weldon island-with perhaps far greater implications Clement Hilliard Michel Franks (NJ) Morella Wolf than the legislation being considered today­ Clyburn Hinchey Miller (CA) Gekas Murphy Zeliff remain to be addressed. Additional legislation Coleman Hoagland Mineta Gilchrest Myers Zimmer is likely to be introduced, and the Merchant Collins (Ml) Hochbrueckner Minge Gingrich Nussle Combest Holden Mink Marine and Fisheries Committee looks forward Condit Houghton Moakley NOT VOTING-46 to working with the Government of Guam ard Conyers Hoyer Mollohan Andrews (TX) Gallegly Payne (NJ) the Department of the Interior on these issues Cooper Hughes Montgomery Armey Gallo Pelosi in the coming year. Coppersmith Hutchinson Moran Baker (LA) Hastings Pryce (OH) Costello Inglis Nadler Brewster Hefner Ros-Lehtinen Mr. DE LUGO. Mr. Speaker, I yield Cramer Inslee Natcher Browder Hutto Slattery back the balance of my time. Crapo Jefferson Neal (MA) Brown (CA) Johnson (GA) Smith (OR) Darden Johnson (SD) Neal (NC) Bryant Kennelly Thomas (CA) The SPEAKER pro tempore (Mr. Deal Johnson, E.B. Oberstar Clay Kingston Torres VOLKMER). The question is on the mo­ DeFazio Johnston Obey Collins (IL) Ky! Towns tion offered by the gentleman from the DeLauro Kanjorski O!ver Coyne Lehman Waxman Virgin Islands [Mr. DE LUGO] that the Derrick Kaptur Orton Danner Lightfoot Wheat Deutsch Kasi ch Owens de la Garza McCandless Whitten House suspend the rules and pass the Dicks Kennedy Pallone Dellums McColl um Williams bill, H.R. 2144, as amended. Dingell Kil dee Parker Dornan McDade Young (AK) The question was taken; and (two­ Dixon Kleczka Pastor Edwards (CA) Murtha Dooley Klein Payne (VA) Flake Ortiz thirds having voted in favor thereof) Durbin Klink Penny the rules were suspended, and the bill, Edwards (TX) Kopetski Peterson (FL) D 1359 as amended, was passed. Emerson Kreidler Peterson (MN) Engel LaFalce Pickett So the Journal was approved. A motion to reconsider was laid on English (AZ) Lambert Pickle The result of the vote was announced the table. Eshoo Lancaster Pombo as above recorded. January 26, 1994 CONGRESSIONAL RECORD-HOUSE 173 REPORT TO CONGRESS CONCERN­ LEGISLATIVE PROGRAM It is also my understanding that the ING EMIGRATION LAWS AND (Mr. MICHEL asked and was given money in the pipeline in the emer­ POLICIES OF THE REPUBLIC OF permission to address the House for 1 gency agency is sufficient to deal with BULGARIA-MESSAGE FROM THE minute.) the problems that are out there right PRESIDENT OF THE UNITED Mr. MICHEL. Mr. Speaker, I inquire now. We are doing everything we can STATES (H. DOC. No. 197) of the distinguished majority leader, to get this bill to the floor as quickly The SPEAKER pro tempo re (Mr. VIS­ the gentleman from Missouri [Mr. GEP­ as we can next week, so that the Con­ CLOSKY) laid before the House the fol­ HARDT], regarding the program for next gress can take action. lowing message from the President of week. On the second question, it is not at the United States; which was read and, Mr. GEPHARDT. Mr. Speaker, will all clear exactly when this task force the gentleman yield? will all be announced, but we do expect together with the accompanying pa­ Mr. MICHEL. I am happy to yield to pers, without objection, referred to the today to announce the cochairs, in con­ the gentleman from Missouri. junction with the Minority Leader. It Committee on Ways and Means and or­ Mr. GEPHARDT. I thank the gen­ dered to be printed: will be bipartisan, and it will include tleman for yielding to me. Members from both sides of the aisle. To the Congress of the United States: Mr. Speaker, there are no more votes It may be possible to have all the On June 3, 1993, I determined and re­ today. There will not be votes on names prepared today, but at least the ported to the Congress that Bulgaria is Thursday or Friday. On Monday, Janu­ cochairs of it will be named today, and in full compliance with the freedom of ary 31, the House will not be in session. we may be able to get all the Members emigration criteria of sections 402 and On Tuesday, February 1, the House named today. 409 of the Trade Act of 1974. This deter­ will meet at noon to consider bills on Mr. NUSSLE. I thank the distin­ mination allowed for the continuation suspension. We have one bill, H.R. 1727, guished leader. of most-favored nation (MFN) status the Arson Prevention Act, at this Mr. MICHEL. I thank the majority point. There may be some other bills and certain U.S. Government financial leader. programs for Bulgaria without the re­ on suspension, but it is not clear. Obvi­ ously, we will be consulting with the quirement of a waiver. minority on suspensions. AGREEMENT BETWEEN THE UNIT­ As required by law, I am submitting There will be a vote on Tuesday. We an updated Report to Congress con­ ED STATES AND GREECE ON SO­ will go in at noon, so the vote would be CIAL SECURITY, AND A REPORT cerning emigration laws and policies of some time after noon. the Republic of Bulgaria. You will find OF THE DEPARTMENT OF On Wednesday, February 2, and the HEALTH AND HUMAN SERVICES, that the report indicates continued balance of the week, the House will Bulgarian compliance with U.S. and WITH ACCOMPANYING DOCU­ meet at 2 p.m. on Wednesday and 11 MENTS-MESSAGE FROM THE international standards in the areas of a.m. on Thursday and Friday, if need­ emigration and human rights policy. PRESIDENT OF THE UNITED ed, and we are looking at the possibil­ STATES (H. DOC. NO. 103-199) WILLIAM J. CLINTON. ity of taking up H.R. 3425, Department THE WHITE HOUSE, January 26, 1994. of Environmental Protection Act, sub­ The SPEAKER pro tempore laid be­ ject to a rule, and a House Resolution fore the House the following message REPORT TO CONGRESS CONCERNING EMIGRA­ on the emergency supplemental appro­ from the President of the United TION LAWS AND POLICIES OF THE REPUBLIC priations for earthquake assistance, States; which was read and, together OF BULGARIA again subject to a rule. with the accompanying papers, without This report on the emigration laws and Mr. MICHEL. I would ask, Mr. Speak­ objection, referred to the Committee practices of the Republic of Bulgaria con­ er, we know of no conference reports on Ways and Means and ordered to be stitutes the periodic report required by sub­ that would be coming up yet at this printed: sections 402(b) and 409(b) of the Trade Act of time? 1974, as amended ("the Act"), as a con­ Mr. GEPHARDT. That is correct. To the Congress of the United States: sequence of Presidential Determina.tion 93-26 Mr. NUSSLE. Mr. Speaker, will the Purusant to section 233(e)(l) of the of June 3, 1993 that Bulgaria is not in viola­ gentleman yield? Social Security Act, as amended by the tion of paragraphs (1), (2), or (3) of sub­ Mr. MICHEL. I am happy to yield to Social Security Amendments of 1977 sections 402(a) and 409(a) of the Act. the gentleman from Iowa. (Public Law 95-216, 42 U.S.C. 433(e)(l)), All current information indicates that the Mr. NUSSLE. Mr. Speaker, the ques­ I transmit herewith the Agreement be­ emigration laws and practices of the Repub­ tween the United States and Greece on lic of Bulgaria satisfy the criteria laid out in tion I have for the distinguished Major­ subsections 402(a) and 409(a) of the Act in re­ ity Leader is, it is my concern under Social Security, which consists of two spect of all matters covered in those sub­ this emergency that we have going on separate instruments: a principal sections. in L.A. right now, we do need to move agreement and an administrative ar­ Freedom of movement within Bulgaria and quickly. I am wondering why we are rangement. The Agreement was signed the right to leave it are enshrined in the 1991 going all the way into late next week. at Athens on June 22, 1993. constitution and are not limited in practice. I am just interested in why we are The United States-Greece agreement No exit visa is required to leave Bulgaria, going so late into next week, when it contains all provisions mandated by and no more than nominal fees must be paid appears that we have a financial emer­ section 233 and other provisions which by potential emigres. Thousands of Bul­ gency that we have to take care of. I deem appropriate to carry out the garians left during 1992 and 1993 in search of provisions of section 233, pursuant to economic opportunities in the West. Every That would be my one question. citizen has the right to return to Bulgaria, The other is that we have been ask­ section 233(c)(4). It is similar in objec­ may not be forcibly expatriated, and may ing on this side of the aisle for some tive to the social security agreements not be deprived of citizenship acquired by type of a task force to deal with emer­ already in force with Austria, Belgium, birth. A number of former political emi­ gencies in the future, disasters, natural Canada, Finland, France, Germany, grants were granted passports and have re­ disasters in particular. I am wondering Ireland, Italy, Luxembourg, the Neth­ turned to visit or live in Bulgaria. if the Speaker or the leadership has erlands, Norway, Portugal, Spain, Swe­ There are no outstanding emigration cases made any decisions on that. den, Switzerland, and the United King­ involving the United States and no divided Mr. GEPHARDT. If the gentleman dom. Such bilateral agreements pro­ family cases in Bulgaria. will continue to yield, on the first vide for limited coordination between In addition to its exemplary emigration question, it is my understanding that the United States and foreign social se­ practices, Bulgaria respects fundamental human rights and is working to further de­ the Committee on Appropriations is curity systems to eliminate dual social velop a democratic, free market society and meeting this week to process the bill. security coverage and taxation, and to to establish closer relations with the United It would not have been possible to take help prevent the loss of benefit protec­ States. it up this week. tion that can occur when workers di- 174 CONGRESSIONAL RECORD-HOUSE January 26, 1994 vide their careers between two coun­ The SPEAKER pro tempore. Is there the positions it considers the most im­ tries. objection to the request of the gen­ portant first. Actions speak louder I also transmit for the information of tleman from Missouri? than words. The Clinton administra­ the Congress a report prepared by the There was no objection. tion's actions of the past year clearly Department of Health and Human demonstrate that all the tough talk Services explaining the key points of COMMERCE, DEFENSE, AND JUS­ and political rhetoric about being a the Agreement, along with a para­ TICE DEPARTMENTS AT BOTTOM new Democrat is, in fact, just talk. The graph-by-paragraph explanation of the OF CLINTON APPOINTMENT PRI­ facts show that ensuring a healthy provisions of the principal agreement ORITIES business climate, maintaining a strong and the related administrative ar­ (Mr. CLINGER asked and was given and ready military, and fighting crime rangement. Annexed to this report is with a fair and effective justice system the report required by section 233(e)(l) permission to address the House for 1 of the Social Security Act on the effect minute, and to revise and extend his rank at the bottom of Mr. Clinton's of the Agreement on income and ex­ remarks.) priorities. You simply cannot develop Mr. CLINGER. Mr. Speaker, accord­ and implement policies in these vitally penditures of the U.S. Social Security ing to a recently updated Congres­ program and the number of individuals important areas without the people in sional Research Service [CRS] report, place to do it. affected by the Agreement. The De­ after nearly 1 full year in office, Presi­ partment of State and the Department dent Clinton has failed to fill 53.3 per­ Talking is one thing that this Presi­ of Health and Human Services have cent of the top positions at the Depart­ dent and administration are particu­ recommended the Agreement and re­ ment of Commerce, 41.3 percent of the larly skilled in, making decisions and lated documents to me. top positions at the Pentagon, and 36.7 taking action is something they are I commend the United States-Greece percent of the top positions at the De­ not. The massacre in Mogidishu, the Social Security Agreement and related partment of Justice. These abundant halting deployment turned retreat in documents. vacancies, according to CRS, rank the Haiti, and the on-again, off-again WILLIAM J. CLINTON. Commerce, Defense, and Justice De­ bombing threats in Bosnia reflect the THE WHITE HOUSE, January 26, 1994. partments as the three executive agen­ indecision and inaction that has be­ cies with the highest level of unfilled come the trademark of this adminis­ DISPENSING WITH CALENDAR positions in the Clinton · administra­ tration, particularly in matters con­ tion. By contrast, the Departments of cerning national security. WEDNESDAY BUSINESS ON Housing and Urban Development WEDNESDAY NEXT [HUD], Health and Human Services As the ranking Republican member Mr. GEPHARDT. Mr. Speaker, I ask [HHS], and the Department of Labor on the House Committee on Govern­ unanimous consent that the business [DOL] ranked as the three agencies ment Operations, I urge the President in order under the Calendar Wednesday with the fewest remaining vacancies. and his White House staff to stop the rule be dispensed with on Wednesday It does not take a rocket scientist to talk of campaigning and to start the next. figure out that an administration fills walk of governing. NUMBER AND PERCENT OF UNFILLED FULL-TIME CIVILIAN POSITIONS 1 REQUIRING SENATE CONFORMATION, BY DEPARTMENT, 1993

Positions Unfilled positions with Unfilled positions Unfilled positions nominees pending without nominees with and without pending nominees pending Number Number Percent Number Percent Number Percent

USDA ...... 17 5.9 4 23.5 4 29.4 DOC 30 26.7 8 26.7 16 53.3 DOD ...... 46 13.0 13 28.3 19 41.3 Education ...... 18 00 4 22.2 4 22.2 DOE 20 5.0 3 15.0 4 20.0 HHS . 19 5.3 I 5.3 2 10.5 HUD 15 0.0 0 0.0 0 0.0 DOI . . 17 5.9 5 29.4 6 35.3 OOJ .. 30 0.0 11 36.7 11 36.7 DOL 18 II.I 0 0.0 2 II.I oos2 40 2.5 5 12.5 6 15.0 DOT ...... 19 5.3 4 21.l 5 26.3 Treasury 3 ••••.....• ••...••.•••• .•.••.••••• ... 22 9.1 5 22.7 7 31.8 OVA ...... 14 7.1 I 7.1 2 14.3 Total 325 25 7.7 64 19.7 89 27.4 As of Dec. 24, 1993. 1 Does not include U.S. Attorney and U.S. Marshal positions in Justice Department, Chief of Mission and other overseas positions in the Foreign Service, nor commissioned positions in the National Oceanic and Atmospheric Administration and Public Health Service. 2 Including following positions in the United Nations Mission: U.S. UN Representative; U.S. Deputy Representative to the UN; U.S. Deputy Representative to the UN Economic and Security Council; U.S. Deputy Representative to the Security Council; U.S. Deputy Representative for UN Special Political Affairs; and U.S. Representative to the OAS. 3 Includes two nominations to the same position-earlier nomination was confirmed; when incumbent resigned, another nominatio~. which is pending, was made. Not included are the following nine positions requiring Senate confirma­ tion, which Treasury Secretary announced will be converted to career status: four Superintendent and four Assayer positions to the U.S. Mint (Denver, Philadelphia, San Francisco, and West Point), and an Engraver position to the U.S. Mint in Philadelphia.

REGARDING FEDERAL DISASTER We need to provide and we must pro­ Speaker of the House this year to re­ ASSISTANCE vide assistance to our fellow citizens in form the system of disaster assistance. southern California. And I believe we Three letters that have yet to receive a (Mr. NUSSLE asked and was given as Federal Representatives of the tax­ reply. To set up a bipartisan task force. permission to address the House for 1 payers must also answer the ques­ A task force to study the way we disas­ minute and to revise and extend his re­ tions-how much does it cost and trously fund and deal with disasters in marks.) where will we come up with the money this country. Mr. NUSSLE. Mr. Speaker, as a Rep­ to pay our bills. I think it is time for action Mr. resentative from Iowa, we recognize We can and must do both-provide Speaker. I think it is time to reform what it's like to be devastated by natu­ and pay. our system. I think it is time to pro­ ral disaster. This summer we experi­ I believe we need to support offsets vide the assistance. And it is also time enced the floods, the great floods, the for the assistance and we can do so in to pay. 500-year floods of 1993. Now it's Califor­ a very fiscally responsible way to the Mr. Speaker, I include for the nia's turn. victims. I sent three letters to the RECORD the letters to which I referred. January 26, 1994 CONGRESSIONAL RECORD-HOUSE 175 HOUSE OF REPRESENTATIVES, HOUSE OF REPRESENTATIVES, But one thing that may have slipped Washington, DC, January 24, 1994. Washington, DC, July 27, 1993. by in all of the various points that Hon. THOMAS s. FOLEY, Hon. TOM FOLEY. were made is the fact that the Presi­ Speaker of the House of Representatives. Wash­ Hon. BOB MICH!,i:L, dent seemed to say that anything short ington, DC. The Capitol, Washington, DC. of the Clinton health-care approach to DEAR MR. SPEAKER: Over the past six DEAR MR. SPEAKER AND MR. MINORITY LEADER: The entire nation has witnessed the health-care reform would draw a Presi­ months, I have contacted you twice to urge dential veto. What that basically you to appoint a bi-partisan Leadership Task House of Representatives attempting, through its normal legislative process, to re­ means is that all of the other plans Force to examine the current procedures for spond to the great disaster that has stricken that are out there that Members of this responding to disasters and to make rec­ the Midwest this summer. The debate on this ommendations for responding to future dis­ body and the other body have worked matter, while quite spirited at times, has so hard on to bring forward for debate asters (my letters of July 27th and October been very productive in illustrating the 14th are attached). You may recall Congress­ for the American people's scrutiny and weaknesses that exist in our system of re­ for due deliberation in the process that man Tim Penny and I worked together last sponding to natural disasters and national summer to identify spending cuts to offset emergencies such as the flooding in the Mid­ we have in this wonderful body, that the cost of the disaster assistance provided west. While the system cannot be overhauled they are not going to be allowed to be to the Midwest. and reformed quickly enough to affect our debated. They will not be heard. There At this time, I have not received a re­ relief efforts for this year's floods, I believe will not be options. sponse to either of my letters. Now, six the House of Representatives must act But there are at least four or five months later, we are faced with another dis­ quickly on this issue. other plans that deserve good debate aster, this time in California. I have witnessed first-hand the damage of and analysis. I think it is a Ii ttle bit When Congress returns, one of the first the floods that have ravaged through the like threatening to gather up all of items on the agenda will most likely be pro­ Midwest this summer, any my district has your marbles and go home if somebody viding disaster assistance for the victims of been greatly affected by these floods. While does not guarantee that you are going the earthquakes that recently hit Southern I believe that the Congress must respond to a disaster of this magnitude in a timely to win the game. California-as well we should. For the rea­ manner, many Representatives have respec­ But health care in this country is not sons illustrated in my previous correspond­ tively disagreed on the manner in which the a game. It is too important. It affects ence, I urge you to consider my rec­ Congress accomplishes this task. every American. And I know the Presi­ ommendation to appoint a bi-partisan task I believe the events of the past several dent does not mean to play games with force to examine the issues related to disas­ days are a strong testimony to the need for it. ter assistance. Additionally, I would be in­ Congress to evaluate its practices and proce­ The fact is, I think, today we could terested in serving on the task force in any dures for responding to natural disasters and capacity. get enough votes in this House and the emergencies. Accordingly, I urge you to ap­ other body to pass a bill that would Thank you again for your consideration of point a bi-partisan Leadership Task Force to this matter. examine the current procedures for respond­ significantly improve the health-care Sincerely, ing to disasters and to make recommenda­ situation for millions of Americans. JIM NUSSLE, tions for responding to future disasters in a Unusual as that may sound, we actu­ Member of Congress. more timely, responsible and effective man­ ally have bipartisan agreement on the ner. need to reform insurance markets so I believe the Leadership's Task Force can people cannot be denied coverage for HOUSE OF REPRESENTATIVES, help the House of Representatives avoid po­ Washington, DC, October 14, 1993. preexisting health problems. I think we Hon. TOM FOLEY, tential disagreements over disaster relief, could get that passed today. Hon. BOB MICHEL, such as those between regions of the country We agree on the need to make insur­ and those over how to pay for disaster assist­ The Capitol, Washington, DC. ance portable so people can transfer ance. Moreover, the formation of this task DEAR MR. SPEAKER AND MR. MINORITY force is not intended to replace any of the ef­ their coverage from job to job. I think LEADER: After the great floods struck the forts to respond to the floods in the Midwest. we agree on that today. Midwest this summer, I contacted you in While the Leadership's Task Force may We certainly agree on the need to late July and urged you to appoint a bi-par­ not be able to help the process in responding loosen restrictions on small businesses tisan Leadership Task Force to examine the to the disaster in the Midwest, I believe that so they can join together in coopera­ current procedures for responding to disas­ the Leadership's Task Force should be given tion to find more affordable insurance ters and to make recommendations for re­ a deadline for reporting back to the House of for their employees. There is not any sponding to future disasters in a more time­ Representatives. This will hopefully allow us real disagreement about that at all. ly, responsible and effective manner. to respond to the next natural disaster in a We certainly agree on the need to I am writing again to urge you to consider more timely, responsible and effective man­ streamline paperwork and reduce red appointing a bi-partisan Leadership Task ner. Finally, I believe my experience in coping tape at all levels of health-care deliv­ Force. Even though federal disaster assist­ ery. These we could do and all be better ance was provided without delay to thou­ with this disaster will be very valuable to sands of flood victims. this summer's floods such a task force, and I am interested in tak­ off today. I do not see any reason why illustrate the weaknesses that exist in our ing a leadership role in this effort. While the we do not proceed on this basis, but we system for responding to natural disasters. size of the Leadership's Task Force can be will not if the President is going to ex­ That is why I believe it is critical for such a determined at a later time. I believe it ercise his veto pen as he said last night task force to be appointed so it can begin ex­ should be comprised of an equal number of in this body. amining bow Congress and the federal gov­ Representatives from both par.ties. These are things Americans are ask­ ernment can best respond to such disasters-­ Thank you for your attention to this mat­ ing for us to do. They are not asking whether they be floods, hurricanes, droughts ter. I look forward to working with you on this important project. for a veto of them. They are asking for or earthquakes. In fact, some of the issues action on them. But the President has, that need to be of immediate attention to Sincerely, the task force include reforming our flood JIM NUSSLE, nevertheless, waved his veto pen. insurance and federal crop insurance pro­ Member of Congress. These are commonsense things that grams. can be done in a bipartisan way. Why is the President waving his veto I am interested in knowing whether you HEALTH CARE REFORM NOW pen? Because he insists on his own ver­ have given any consideration to forming such a task force or addressing bow our sys­ The SPEAKER pro tempore. Under a sion of health reform which will put tem can better respond to natural disasters. previous order of the House, the gen­ Government bureaucrats between tleman from Florida [Mr. Goss] is rec­ Americans and their doctors, will se­ Thank you for your attention to this mat­ ter. Please do not hesitate to contact me if ognized for 5 minutes. verely constrain Americans' choices, I can be of any assistance. Mr. GOSS. Mr. Speaker, the Presi­ and may in fact reduce access to qual­ Sincerely, dent gave us a fine delivery last night, ity care. JIM NUSSLE, very broad-reaching and grandiose The President believes Government Member of Congress. plans for his administration in 1994. is better able to make decisions about 176 CONGRESSIONAL RECORD-HOUSE January 26, 1994 American's health care than are those worst fears that the writers of the Con­ that this is not always the case. In the 25th individuals, their families, and their sti tu ti on had and the reason they had amendment, we have a device that is intended trusted physicians. Are you going to be so much trouble in finally reaching the to provide for an orderly succession in the of­ happy to have the Government tell you office of the Presidency, which they fice of President. Proponents of the amend­ that what is wrong with you is not first called the Chief Magistrate, was ment had the best of intentions, but to con­ high enough priority so that you can that they wanted to have a person that ceive and write the legislation that was going get attention in a timely way? Or do could not be imposed or selected but to truly carry out those intentions is something you want somebody else in Washington voted by the people, and then the ena­ else. The result is that we have a standing in­ to make that decision Or is that a deci­ bling statutes that were passed after vitation in law-in the Constitution-to over­ sion that you and your doctor should the First Congress in 1789 provided throw the President through the operation of be making? that. It said that in the case of the the disability clause of the 25th amendment. These are important points. I think neutralizing, the death, for whatever There are no guarantees to life, and there is that quite simply the President is say­ reason the vacation, the vacating of no way of knowing whether the 25th amend­ ing that he wants to start down the the office of the President, the Vice ment will become applicable during this or any road to irreversibly socializing our President would be, but if that Presi­ other administration. However, Presidential whole American scheme of medicine, dent had had less than l1/2 years in of­ succession has been an issue in nearly every his guarantee for Government-managed fice, then an election would be called, Presidency since Woodrow Wilson, starting health care. and the American people would vote. with Wilson's stroke and 2-year disability while Coverage for everyone should not be So what happened since then? The in office, then Roosevelt's death, Eisenhower's confused with a guarantee for quality worst fears that I could ever imagine in heart attack, Kennedy's death, Nixon's res­ health care, with the doctor of your 1965, have come to pass and not too ignation, Reagan's near assassination and choice, when and where you need it, long after that. In 1974, with the res­ later cancer surgery, and Bush's illnesses and and what you need it for. Anything ignation under the threat of impeach­ medication. short of that and it will not play. I ment of President Nixon, what was the Mr. Speaker, I have voted many times over think as Americans understand that role of Henry Kissinger and General the years in ways that clearly show I am in the there is going to be a very strong reac­ Haig? They threatened to invoke the minority on some issues, and I was one of the tion to that veto threat that was made 25th amendment if President Nixon did very few dissenters in what turned out to be last night before the debate even not resign under the imminent threat the resolution calling for the 25th amendment. starts. of being impeached. Why could they do I have introduced legislation in an attempt to I guess we can say Americans are that? Because section 4 of the 25th repeal the 25th amendment ever since it was being cut off at the pass when it comes amendment says that if the majority of ratified in 1967. Now, who bothers with the to health-care reform. Perhaps it the governing body decide that the 25th amendment? And who was going to tell might be more appropriate to say they President is unable to discharge his du­ me, when I took the floor in August 1965, and are being cut off at the door of the doc­ ties, they shall declare his inability, was the only one giving reasons for voting tor of their choice. and the President then shall vacate the "no" to that resolution, that I would see the This will not fly, and we are going to office; the Vice President becomes act­ worst fears confirmed in my lifetime. I never have debate one way or the other. ing President, and a commission shall dreamed of the extraordinary dangers inherent be formed thereafter consisting of in that amendment. What is the 25th amendment? Among other REPEAL THE 25TH AMENDMENT three persons to be selected by the Congress. things it was passed because apparently it The SPEAKER pro tempore. Under a Now, the Congress has never enacted was felt that a great crisis had ensued after previous order of the House, the gen­ enabling legislation saying the House the death of President Kennedy and the as­ tleman from Texas [Mr. GONZALEZ] is and the Senate will get together, and sumption of the Presidency by Vice President recognized for 5 minutes. the House will select one or two or all Lyndon Johnson because Lyndon Johnson did Mr. GONZALEZ. Mr. Speaker, today three, or the Senate one, two, or all not have a Vice President for a year. As stat­ I am reintroducing a resolution to re­ three. ed in "The Process of Political Succession," peal the 25th amendment to the U.S. So we had our President resign, and edited by Peter Calvert-St. Martin's Press, Constitution regarding Presidential we had since then two unelected Vice New York 1987-the orderly transition on the succession. In doing so, I merely am re­ Presidents, and, of course, the assassination of John F. Kennedy was not in affirming what I have done since the unelected President. That danger hov­ fact as orderly as it was made to seem to the resolution, in August of 1965, was ers and will constantly be hovering, outside world, but compared with the chaos passed by this House with about 28 dis­ and, therefore, every Congress since that followed the attempted assassination of senting votes. Mine was one of them. then I have introduced a repealer. Ronald Reagan in 1981, and I might add what I was the only one that gave the rea­ Mr. Speaker, I hope eventually some followed his cancer surgery in 1985, it was a sons why I voted "no" in the RECORD , serious consideration is given to re­ model. And, of course, what happened in be­ and those reasons any interested Mem­ storing to the original intent the suc­ tween-with President Nixon in 197 4-was ber can find in that RECORD of about cession laws and the clause represented just as chaotic. If the 25th amendment was August 6, 1965. as the 25th amendment to the Con- meant to eliminate chaos and provide for a I never dreamed that that amend­ . stitution. smoother transition, this has not been accom­ ment or that resolution would pass so Mr. Speaker, I am reintroducing a resolution plished. overwhelmingly, and then moreover to repeal the 25th amendment to the U.S. Well, what happened in 1974? We had adopted by three-fourths of the States' Constitution regarding Presidential succession. Chief of Staff Alexander Haig and Secretary of legislatures. For I felt then, as I feel In doing so, I am reaffirming a conviction I State Henry Kissinger-both positions which now, that it would be a Damocles' have held since the amendment was first dis­ are filled by appointment, not election by the sword hanging over the head of our cussed in the House over 28 years ago, and people-saying, "President Nixon, if you do democratic institutions. I believe as strongly today as ever, that the not resign, we may have to invoke the 25th What is the 25th amendment? How 25th amendment is a threat to the stability of amendment." These two unelected officials many of my colleagues here can tell elected Government in this country. were going to use the disability clause of the me they know the exact thrust of the We value our Constitution because it en­ 25th amendment to make a decision for the 25th amendment? sures that the Government is elected and that American people-to force the President out In that remark I made in special or­ the elected Government is bound by laws. But of office. ders after that session and that vote in laws and constitutions are only as strong as Later, upon the attempted assassination of August of 1965, I pointed out that for the will of the people to keep and enforce President Reagan in 1981 , Alexander Haig as the first time in our history and since them. A government respects law only if its Secretary of State was again at the scene-­ the Constitution had been written, the leadership is committed to law, and we know claiming to be in charge of the country when, • ~ I ,...., -- 1 - I --- .. - • - • ~ • • ..-.r- •

January 26, 1994 CONGRESSIONAL RECORD-HOUSE 177 in fact, there were three men ahead of him in mine] that the President is unable to dis­ President, not in January by the Congress the line of Presidential succession. Such ambi­ charge the powers and duties of his office, when the vote was finally taken. I do not take tion, and such ignorance of our Constitution the Vice President shall immediately assume any pleasure in these votes, but I am also and the 194 7 Presidential Succession Act, is the powers and duties of the office as Acting President. very sensitive to the fact that we are a co­ precisely the danger inherent in the disability equal and a separate and an independent clause of the 25th amendment. In fact, in light of the fact that the amend­ body, like the other two branches of the Gov­ In 1985, President Reagan's cancer surgery ment was drafted in response to the assas­ ernment, the executive and the judiciary; but caused another crisis in possible Presidential sination of President Kennedy, it is significant for good reason the men who wrote the Con­ succession. The President's reluctance to turn that Senator Robert Kennedy expressed grave stitution put the first article as the representa­ over the reins of power under the 25th amend­ concern about this provision of the amend­ tive branch, the Congress, and the second ment during his recuperation period may have ment. and third articles as the executive and judicial caused one of the worst scandals in recent Senator Bayh has reported that Senator branches. history-the Iran-Contra affair. In fact, when Kennedy objected to the language and told In our Nation's first 10 years of nationhood, President Reagan went in for the actual sur­ Senator Bayh that President Kennedy did not which really were the first and the second gery, he did not want to set a precedent and know any of the members of his Cabinet per­ Continental Congresses, our leaders thought bind the hands of his successors, so although sonally until he appointed them. Senator Ken­ so little of this kind of an office that they did he wrote a letter that followed the format of nedy believed that the Cabinet, then, was not not even bother to have anything like it. There the 25th amendment, he did not call what he close to the President and could not possibly was no such thing as a President, or as they was doing an action under the 25th amend­ offer the kind of protection against a coup that called it in the Constitutional Convention delib­ ment and, in fact, said that he did not think the Bayh and the other drafters of the amendment erations, a Chief Magistrate. They did not 25th amendment applied to his temporary se­ thought they were providing. And I agree-you want to have anything to do with that from dation for surgery. But what about his recuper­ cannot give those with the most to gain from which they were extricating themselves-ty­ ation-a person does not have major surgery a decision the nearly absolute power to make rannical, arbitrary, and capricious power. and go back to work at full force as soon as that decision and not expect it to be abused This is why the most revolutionary words the anesthesia wears off. Yet, I have read that at some point. even to this day are the first words of the Pre­ the President's legal counsel, Fred Fielding, Compounding the inherent danger caused amble of our Constitution, where we read and together with the Chief of Staff Donald Regan, by the disability clause are the technical prob­ I encourage every student in my district in the made the decision for the President to resume lems. For instance, what constitutes an inabil­ elementary schools and on up to memorize the office of the Presidency immediately after ity to discharge the duties of the Presidency? that because that is at the heart of the matter his surgery-not the doctors, not the Cabinet, Is this limited to medical disability, or does it even today. "We, the people of the United but two unelected Presidential advisers made include political inability to lead a country? States, in order to form a more perfect union." the decision. When asked about this, Mr. What is the duty of the President's physician We, the people, not the Congress, not the Fielding said that his and Regan's decision if he uncovers a serious illness which the President, not anybody else but the people. was based on the surgeon saying that the President wishes to keep confidential-what Why? Because for the first time in this world President was OK. They reportedly accepted happens to the physician-patient privilege then of kings who said that their power came this on face value, and did not question the against revealing such information? Further, if from God, they were saying no, that all power physicians about the President's judgment. inability includes being under anesthesia, as comes from the people. We have strayed It was a terrible thing for the President to be many believe despite President Reagan's as­ away from that, so that when we end up with brought back to office that soon-a terrible sertions to the contrary, does it also include any possibility, and in fact the reality, that we thing for the country. Reports that President being under the influence of sleeping pills? can have an unelected President and an Reagan made Presidential decisions during How about inebriation, or even changes ·in unelected Vice President, we have a continu­ his recovery from cancer surgery lends addi­ mood caused by prescription medication? With ing sword pointed at the very heart of our tional credence to the former national security so much left to interpretation by those who are democratic constitutional form of government. adviser Robert McFarlane's contention that he charged with the responsibility of making a de­ As the President gains greater and more received oral approval from Reagan for the termination of the President's ability to dis­ absolute power, it is increasingly important for arms shipment to Iran. Reagan underwent sur­ charge his duties, there is much room left for us to reevaluate the 25th amendment. The in­ gery on July 13-the first arms shipment oc­ mischief. centives for blind ambition to govern actions curred the next month. Was the President re­ And what is the incentive that would lead under the disability clause of the 25th amend­ luctant to invoke the 25th amendment be­ the Vice President and members of the Presi­ ment are stronger now than ever before. We cause of its disability provisions-because of dent's Cabinet to move-for their own pur­ must not allow provisions for a coup d'etat­ the possibility that he could not regain power poses-under the disability clause of the 25th which the disability clause establishes-to re­ once he regained his health? The 25th amendment? Look at what have we have had main a part of our law. As a nation established amendment certainly did not help prevent this lately. Since 1945, but much more so in the on the principle of the power of the people, we tragic mistake in judgment, and possibly last decade, we have seen the rise of the im­ have provided through the 25th amendment a caused it because of the fear that power, once perial Presidency in this country. I dare say means of relinquishing that power and estab­ relinquished, could not be regained. that perhaps the overwhelming majority of the lishing it, instead, in a very few unelected As reported in the book "Papers on Presi­ Members in or out of the Congress as well as Government officials. How can we allow this dential Disability and the Twenty-Fifth Amend­ the citizens would say, if asked, that the presi­ kind of Presidential power-which our Found­ ment," edited by Kenneth W. Thompson-Uni­ dent has more power, that he is omniscient, ing Fathers feared and tried to prevent, but versity Press of America, Maryland 1988-one and that he is of greater power and authority which has grown out of any sense of propor­ of the drafters of the amendment, former Sen­ than either one of the other two branches. tion in recent years-to be held by an ator Birch Bayh, has stated that there was That simply is not true, and it is in direct con­ unelected President who has assumed power concern about the possibility that a means for tradiction to the U.S. Constitution. Yet, our over the wishes of the elected President? The a coup d'etat was being created by the lan­ Presidents have been approaching a position 25th amendment allows this, and it is wrong. guage of the amendment. He has said that of absolute authority with greater momentum It is dangerous, and the 25th amendment this concern lead to the inclusion of the Presi­ every day. Look at the recent vote by Con­ should be repealed. dent's Cabinet in the decisionmaking of the gress to give the President absolute authority President's inability to discharge the duties of to negotiate a free-trade agreement with Mex­ D 1420 his office. But the 25th amendment does not ico. And look at the recent votes ratifying the THERE IS A HEALTH CARE CRISIS even mention the President's Cabinet; instead, President's unilateral warmaking. I was one of it states: only three who criticized the Presidential order The SPEAKER pro tempore (Mr. Whenever the Vice President and a major­ giving rise to the invasion of Panama on De­ LEWIS of Georgia). Under a previous ity of either the principal officers of the ex­ cember 20, 1989. And I was one of only a order of the House, the gentleman from ecutive departments or of such other body as handful that opposed the Persian Gulf war-a Michigan [Mr. BONIOR] is recognized for Congress may by law provide * * * [deter- war that was begun in August of 1990, by the 60 minutes. 178 CONGRESSIONAL RECORD-HOUSE January 26, 1994 Mr. BONIOR. Mr. Speaker, in the Also, small business will pay 35 per­ operations, costs for his care have ex­ past 24 hours this Capitol has witnessed cent more in premiums than big busi­ ceeded $800,000. But their insurance two of the most extraordinary events ness or Government for the same cov­ company would only pay for $250,000. that we have seen in recent memory. erage. Now they do not know where to turn. The first was last night when the Last night we heard the numbers. They said, "We thought we were safe. President of the United States stood But in room 50 of the Dirksen Building, We had insurance; but it wasn't there there and talked to us and to the Na­ we heard 50 Americans, one from every for us when we needed it." t ion in his State of the Union Address. State of the Union, tell us today the Mr. Speaker, they think we have a In what I thought was an eloquent and human side of this health care crisis. heal th care crisis. Can they be wrong? challenging speech in this Chamber, We heard, for instance, from a Michi­ Three-quarters of the insured people the President laid out his plan to build gan man who was diagnosed with Lou in this country, those who have insur­ upon the progress of the past year; to Gehrig's disease 3 years ago while ance have those lifetime limits and create more jobs and better jobs, jobs training for a marathon. Now he can could find themselves in that same that people would be able to raise their barely walk. But he moved slowly exact situation. families on; to reward work over wel­ across the room to a microphone to That couple thinks we have a health fare; to promote democracy abroad; show us that he still can. And he said: care crisis, Mr. Speaker; can they be and to reclaim our streets from drugs I did everything right. For 28 years I had a wrong? and violent crime. perfect record of attendance at my job. I How about the constituent that I rep­ And above all, the President once never missed an insurance payment. But resent from Port Huron, MI, a man of again made a very clear and a very after 28 years, when I got sick I had to hire about 50 years of age who worked for 40 compelling case for health care reform, a lawyer . to get the insurance company to years, right out of high school, worked for ending the heal th care crisis grip­ pay the costs. in a plant. Tough work, the kind of ping this country today and for passing And, further: work that when you are finished there a bill that guarantees to all Ameri­ I wonder what happens to people who can't at the end of the day, you are dirty, cans-all Americans-health care cov­ afford a lawyer or don' t have coverage. tired, and all you want to do is go erage that can never be taken away. Mr. Speaker, he thinks we have a home, let some time go by and maybe But incredibly enough, there are still heal th care crisis. Can he be wrong? have a soft drink or a beer and recol­ those who insist that America does not We heard from a District of Columbia lect your thoughts. Forty years in this have a health care crisis. woman whose husband came down with plant, sweat, he poured his heart into In his response to the President's Alzheimer's disease. These are two peo­ his paycheck in order to take care of speech last night, the dis.tinguished ple who between them worked for 100 himself and his family. He retired, not gentleman from Kansas once again years. But now she is worried that she 65, not eligible for Medicare, but he stated his belief that, "America has will have to file bankruptcy and go on thought he was protected with the health care problems, but no health welfare just to pay for treatment. heal th care plan. care crisis." Mr. Speaker, she thinks we have a Let me say that one more time, in heal th care crisis. Can she be wrong? D 1430 case you missed it. The gentleman We heard from a working woman who He got a pension every month, goes from Kansas last night said, "Amer­ 4 years ago was diagnosed with cancer. to the mailbox, $500 pension check in ican has health care problems, but no She spent months in the hospital. And there. heal th care crisis.'' her employer told her she had a choice: He said to me, "Congressman, I went Well, let me be the first person to Either quit or be fired. She was fired, to my mailbox last week to get my nominate that statement for the "out­ she ran through her life savings, she check, and there was a check, all right, of-touch hall of fame." I can just see it lost her house, and she is now home­ but it was for 32 bucks with a note that now on the wall; 1929, Herbert Hoover: less. She said she is working in a mis­ says, 'That's all you're going to get be­ "Prosperity is right around the cor­ sion to pay for her room. Then she cause health care costs have risen, and ner."; 1991, George Bush: "There is no said, by the way, "My employer was we're offsetting your pension against recession."; 1994, the Senator from one of the major hospitals in the Unit­ the rising health care coverage.'" Kansas: "There is no health care cri­ ed States." She thinks we have a My colleagues, think about that. sis."; I think it fits right in. health care crisis. Can she be wrong? Here is a man who had planned for his · But those people who really believe In my own congressional district I retirement, who needed that $500 to there is no health care crisis should was visited by five women who talked exist, and it was wiped out like that. have been at the second great event with me about health insurance. Four We have got a crisis in this country this Capitol has seen in the past 24 of the five were single mothers who had in health care. To suggest anything hours. They should have been in room children at home. They all worked in a less is not being honest with the Amer­ 50 of the Dirksen Senate Office Build­ nursing home. Not one of them had ican people, and the American people ing to hear the testimony of ordinary heal th insurance, despite even belong­ know we have this crisis. They under­ American citizens who talked about ing to a labor union. stand that in 1980 an average family of what the health care crisis in this One woman told me, "I go to bed four was paying $2,500 a year for heal th country has done to them and to their every night and say a prayer that my care. In 1993, it was $6,500 a year. And, families. son does not get sick." if we do nothing, if we think we just Mr. Speaker, last night in the Presi­ How can this be? People who work in got a little bit of a problem and do dent's speech we heard all the statis­ large hospitals have no health insur­ nothing, or tinker around the edges, it tics about this heal th care crisis: The ance; people who take care of the sick will be $14,000 by the end of the decade. 58 million Americans who have no cov­ and our parents and grandparents in We have a crisis, and crisis requires erage at all for some time of the year; nursing homes, no health insurance. It courage, it requires leadership, it re­ no coverage, 58 million Americans; 81 is an absolute outrage that a country quires determination, and it requires million Americans with preexisting as wealthy as ours, as progressive-at the help, the support, of the American conditions will either pay more for cov­ least supposed to be progressive-as people to make sure that we get the job erage or they cannot get coverage at the United States could fall so far be­ done for them so that they have the all; and, most astonishing of all, 76 per­ hind in these major necessities for its same type of affordability and oppor­ cent of insured Americans, 3 out of 4, people. tunity for health care that we have. whose policies have a lifetime limit We heard from a man, a couple from That is why this card is so impor­ that, as the President said, can leave Maryland, a working couple who had tant. We have got 7 months to get this you ' 'without any coverage at all just insurance. Their 9-year-old boy needed done. We have a window of opportunity when you need it most." a bone marrow transplant. Since the that comes along maybe once every 30 January 26, 1994 CONGRESSIONAL RECORD-HOUSE 179 years. We did Social Security in the and go home. The A minus gives us make certain that the basics are in 1930's, we did Medicare 1964--US, and now room for a rationalization of our being. place, that something as basic as that we have this opportunity. We have to Madam Speaker, there is room for which guarantees life, that which guar­ grasp it, and we need the American some improvement on the President's antees a minimum of suffering, that people to lock arms, to embrace each program. There is room for improve­ which guarantees that the miracle of other and to support us in our effort to ment, and a dialog with the Congress is modern medicine will be made avail­ make sure that we have comprehensive necessary in order to make those im­ able to every American regardless of health care coverage, every American provements, and I am pleased to say what his pocketbook looks like, re­ has a card and that the heal th care that the gap between where the Con­ gardless of his ability to pay? coverage that they have cannot be gress is, and where we ought to be at We value life. We are saying, as we taken away from them whether they the end of this session, and what the move into health care legislation that have a preexisting condition, whether President had to say last night, is a we believe. The President was saying in they have their job or they lose their very small gap. essence that he believes that he wants job, whether they change their job. It I am also pleased to note that this is to put the full weight of his political is going to be there for them. a President who is a moderate man power behind the notion and the policy So, Madam Speaker, in conclusion who really believes in citizen participa­ that every human being is sacred, let me just suggest that, as we engage tion. He is not just a great communica­ every American is sacred and every in this debate over the next several tor, meaning he communicates to peo­ American's life should be treated in months, we remember the couple from ple, but he does not listen when they that way, that it is sacred and, there­ Maryland, the gentleman with Lou communicate back. I think this is a fore, it deserves to be preserved. One Gehrig's disease from Michigan, the President who very much welcomes life is equal to another in terms of any nurses who worked in our nursing participation at every level. He wel­ attempt to preserve it, any attempt to home that had no insurance them­ comes the participation of the people make certain that people live as com­ selves, and the countless other and mil­ around him at the White House, he wel­ fortably as they can, as long as they lions of Americans who are insured but comes the participation of the Cabinet, can, with respect to their own individ­ who live in fright because of a lifetime he welcomes the participation of the ual health. That is a big statement for cap where they will not be covered Members of Congress in making vital America. when the necessity for coverage is decisions for this Nation. I think he is I will not say that President Clinton there. really listening. I think he is capable of is unique and that he alone is the one this, and he is capable of understand­ who tried to make the statement. It ing. The SPEAKER pro tempore (Ms. goes back quite a ways, as my col­ Madam Speaker, we are fortunate to leagues know. President Truman tried BROWN of Florida). Under a previous have President Clinton as our Presi­ order of the House, the gentleman from to espouse the same policy, and tried dent, and I think the speech last night to translate that into political reality Georgia [Mr. GINGRICH] is recognized demonstrates that quite dramatically. for 60 minutes. and to get it passed in legislation. And I just want to comment on some parts he failed. We have to be bipartisan, as of his speech, and, as I give him an A the President was last night, and say COMMENTS ON THE STATE OF THE minus, indicate that there are some that even President Richard Nixon rec­ UNION ADDRESS areas where I profoundly disagree with ognized that there was something the President. Nevertheless I think the wrong with a great modern industri­ The SPEAKER pro tempore. Under a A minus is in order. I think the Presi­ alized nation not having a guarantee to previous order of the House, the gen­ dent's emphasis is in the right place. I all of its citizens for equal access to tleman from New York [Mr. OWENS] is think that when we are evaluating heal th care. recognized for 60 minutes. anything that the whole is not the sum Mr. OWENS. Madam Speaker, today of its parts. I may disagree. I may have D 1440 is the day after the State of the Union a problem with some parts. But, when Even President Nixon-and I am no Address, and I have been asked to we look at the whole and look at what fan of President Nixon, with his gen­ make many comments by the press, by the President chose last night to dram­ eral attitude, his policies, and his mean constituents, on the State of the Union atize and to emphasize, to prioritize, spirit-recognized that the social fabric Address. It is a very important occa­ when we look at that, we can have no of America, the social fabric of our Na­ sion for our Nation, and our lives quarrel with the speech on the whole. tion will be threatened if we do not at should be focused on it. The President focused first on the least give the basics, if we do not fol­ We heard last night certainly one of most important issue, and that is the low up on Social Security with heal th the greatest State of the Union Ad­ issue of health care. Health care reform care security. dresses ever delivered in this Hall. We is No. 1. Health care reform and what Thank God for Franklin Roosevelt, heard last night the voice of a great we do on heal th care in this Congress thank God for the New Deal, and thank leader of the Western World. We heard this year is a major step in the defining God for all those brave people who par­ a President that sent a clear message of modern America. It is going to de­ ticipated in the New Deal with Frank­ to Washington that he is ready to take fine how this Nation is going to oper­ lin Roosevelt. Social Security paved charge. We heard a President send a ate and how this Nation's attitude, the the way. It took 20 years before Social clear message to the establishment general demeanor of the Nation as it Security really passed. It was a long, that he will not tolerate their tricks, goes into the 21st century, how that is long fight, but it was a basic building he will confront them head on on what going to be defined by what we do on block. matters most. health care. Social Security became the basic If I had to give a grade to the Presi­ All wrapped up in the heal th care building block. I do not think we could dent's State of the Union Address, I issue is this whole matter of just how be contemplating massive health care would give it an A minus, and I only concerned are we about each other. All reform today, if we had not first had say "A minus" because we cannot af­ wrapped up in the heal th care issue is Social Security. But even after that ford, as Congresspersons and legisla­ the question of do we care. Is there a great accomplishment, even after the tors, to admit that the executive majority in America, a caring major­ American people have made it quite branch has done anything perfect be­ ity, that really cares about each other? clear that any administration or any cause there would be no need for us if We do not have to love each other, we legislator who dared to touch Social we have a perfect executive. All we do not have to agree on every point Security and tried to take Social Secu­ would have left to do would be to rub­ that we all espouse to, but do we care rity away, would find himself out of a ber stamp whatever he has proposed enough about each other to want to job. If the whole Congress and the 180 CONGRESSIONAL RECORD-HOUSE January 26, 1994 President would dare to act in some with an adequate benefits package. I whole was a monumental achievement. way so as to really threaten Social Se­ will not accept it," and he would use The President started his speech by curity, we would probably find our­ his pen to threaten to veto it when he calling the attention of the American selves facing revolution. The way the has already made it clear that he went people to what he had achieved in his Canadians speak about their health through his first year, the whole first first year. I think it is very necessary care is the way Americans feel right year of his term and never had to veto for the President to do this because the now about their Social Security. a bill. That sends a clear message to all press and the media have certainly not Having experienced it, having en­ the game players, all the operators, all given him the credit. The press and the joyed the benefits of it, having felt the the wise guys, all the old establish­ media have certainly not acknowl­ security of it, they would never let ment cronies, and all the phonies. It edged the kind of accomplishments anybody take it away. We would have sends a clear message to them that this that were achieved in President Clin­ fighting in the streets before we would President means business. ton's first year. ever allow anybody to take Social Se­ This President knows the American As a freshman President, as a new curity away. people are behind him. This President President, I think his record probably We are able, I think, because of the knows that from every part of this Na­ remains unbeaten over the last 50 building blocks in Social Security, as tion, as he said last night and in every years. You cannot match that record of provided for us, to move on now and congressional district, there are people accomplishment. It was a budget that join the other industrialized nations of who will clearly say to those who say cut the deficit by half a trillion. I am the world. Germany, Japan, Italy, we have no health care crisis that "you quoting the President, and I agree with Great Britain, most of the industri­ are really naive. You are either naive him 100 percent. He gave us a budget alized nations of the world offer univer­ or you are lying if you say we don't that cut the deficit by half a trillion sal heal th care to their citizens in have a health care crisis. Don't go into dollars and cut spending and raised in­ varying degrees of quality. But basi­ my district or go into a senior citizens come taxes only on the very wealthiest cally the principle is there. They see center and tell them they have no of Americans. There was tax relief for every one of their citizens as being heal th care crisis. I'm not sure you will millions of low-income workers to re­ equal. They see every life of every get out of there alive. Don't do it. ward work over welfare. That is the member of their nation as being sacred, Don't tell that to all the people who earned income tax credit. and they try to preserve it and try to are on the brink of getting off welfare NAFTA is one of his great achieve­ give the benefits of modern medicine to and would like to get a low wage job, a ments, according to the President. I do everybody. low-paying job." not agree. In my opinion, that is a neg­ So let us run to catch up. We have a The one thing that prevents these ative achievement, but we too con­ lot of catching up to do with our indus­ people from moving is the fact that gratulate the President on being able trialized nations in many ways. They they cannot get health care coverage. to accomplish what he promised in his have a lot of catching up to do in some They do not want to move because campaign speeches. He promised that. ways with us. We are still the model they do not want to jeopardize their It was started by the Republicans, and for the world in democracy and in the families. You can always get Medicaid with bipartisan support, it passed. So way our executive branch and our judi­ if you are on welfare, so why take a he promised it, and he delivered. cial system function. There is nothing minimum wage job and scramble and The Brady bill, which is now the like it in the world. It is unparalleled. struggle to make ends meet, and the Brady law, had been threatened with a We still have a great deal to offer the minute one of your kids gets sick, veto ever since I have been in Congress. world that it does not have, but in there is no way you can survive? You The Brady bill had been kicked around many ways we are savage and uncivi­ have to go back on welfare in order to all over the place, but finally the lized. get Medicaid. Brady bill is now in law. The Brady bill We are savage and uncivilized in the So if you put things in their proper is a very tiny step forward. The Brady way we handle gun control in this perspective, you start out with health bill only requires people to wait for a country. We are savage and uncivilized care. That is 90 percent of the A-minus, short period of time while their back­ in the way we squander our health care the fact that the President took a clear ground is checked before they can buy resources. We spend more on health position, the President sent a clear a gun. The Brady bill will not do very care than any other industrialized na­ message that he means business and he much to control the proliferation of tion. We spend twice as much as our wants a health care reform package guns on the streets of America. But the neighbor to the north, Canada, and yet that is not a phony, not a fraud. He Brady bill is significant, is monu­ we cover fewer people. We provide less wants everybody covered. He wants an mental, in that it is a breakthrough. It health care in terms of long-term cov­ adequate package, and there he stands. is the only significant gun control law erage and in terms of total coverage. In He is willing to fight for it. I think passed in America in the past 50 or 60 many ways we must be humble enough every Member of Congress should stand years, the only significant step toward to look to the other industrialized na­ behind him. Let us move past this area controlling guns. A very significant tions and use their example for our·­ of savagery. Let us move America past step it was, because despite the fact it sel ves. Health care is one of those this area of primitive society where we was only an antiseptic bill, only a areas. stand as the only industrialized nation bandaid on the larger problem of the We should be grateful that President which permits our citizens to remain proliferation of guns in our society, Clinton is pushing us, that he is provid­ uncovered. you know, we have 200 million guns out ing the momentum and the leadership We have the most. We are the richest there already. In America there are 200 necessary for us to scramble to catch Nation that ever existed in the history million guns already out there. You up. We should be grateful that he has of the world. We have the most. We know the gun industry in America is made a clear statement. He draws a have a mentality sometimes that about $20 billion a year. Twenty billion line in the sand on health care. makes us think we are poor, but we are dollars a year to manufacture these lit­ When I say the speech merits an A­ the richest Nation that ever existed in tle toys of death, these little weapons minus, but I have many disagreements the history of the world, and to have of death. We sell them as if they are with it, you can balance all my dis­ our citizens not have basic health care hardware, toys. We play with them, agreements with the speech off against coverage is not just a shortcoming, it and yet it is a very deadly kind of cul­ his position on health care, and it is a sin and it is a crime. tural feature. wipes it out, because he is firmly on a The President in his speech pointed I heard the President say part of platform which says, "I will not accept out the fact that in his first year there America's culture is the right to own any bill which comes to me that does were monumental achievements. When guns. He certainly is always going to not provide for universal health care you add them all up, the year as a stand behind that. I think that is a January 26, 1994 CONGRESSIONAL RECORD-HOUSE 181 point I disagree with him. I think that Well, the courts have ruled several In one hospital in my district, they is part of our culture we ought to as­ times that the second amendment does have 25 gunshot wound cases in 1 week, sault wholesale. We all ought to deal not give every American the right to 1 weekend. If the guns are not there, if with trying to exorcise that part of our own a gun. The language of the second people are not selling guns as if they culture, some surgery to take away amendment is very clear. It talks were hardware or toys, then the num­ that part of our culture. The romantic about Congress shall make no law ber of people who are injured by guns affairs, love affair with the gun, is which prohibits the maintenance of a or killed by guns goes down. There is a something Americans should try to militia. A militia can be maintained. A definite correlation. We are all logical dump. That is an addiction we ought to militia in 1994 means the National people. We are all well-educated lead­ try to get over. It is a deadly addiction. Guard. A militia means the police. ers. We don't have to have diagrams When you compare what guns are doing People who are constituting authori­ drawn for us. There is a definite cor­ in our society to what the absence of ties have the right, of course. We have relation between the number of guns in guns in other industrialized societies the rights as States to maintain those. our society and the number of people means, then you can see. Less than 100 That is the right that is guaranteed by who get killed with guns, the thou­ people in Great Britain 2 years ago died the second amendment of the Constitu­ sands of people who get killed. from gunshot wounds or were killed tion. It does not give every individual The Brady bill was a breakthrough, with guns. Less than 50 people in the right to own a gun. but I disagree with the President when Japan. Shockingly small numbers in There have been numerous court he says he will always defend the right Italy and Germany. While we had num­ cases which have ruled that the States of Americans to .own guns. He is only bers like 14,000 people killed with guns, have the right, the localities have the willing to get rid of assault weapons, there were less than 100 killed in Great right, and certainly the Federal Gov­ automatic weapons. I will buy that. Britain. When you look at the two soci­ ernment has the right to regulate the Any step is a step forward. Let's get rid eties, you have to say something about ownership of guns by individuals in any of all the weapons, but let's understand the civilization factor. We may be civ­ way they see fit. They can regulate that the culture of the gun, the culture ilized in many many ways, but when it guns, they can require licensing, they of the gun and the culture of violence comes to guns, we are an uncivilized can place taxes on them. They can ban in America, must be attacked head on. nation. We are a savage nation. And we all handguns if they want to. They can They must be eradicated, and you can't have to come to grips with that, be­ do anything they want. The Govern­ do that if you are going to treat guns cause that is destroying our children. ment has that power, and not an iota of as a basic part of our culture and never More and more the victims of guns the Constitution will be violated. It challenge the existence of the right to are young people. If we have 200 million will not violate the Constitution. own guns. in the society today and the industry is So the National Rifle Association, The President also said that the tax a $20 billion industry, how many do you standing on very shaky grounds, very cuts help 9 out of 10 small businesses think we will have next year, and the successfully has perpetuated the notion invest more and create jobs. Those tax year after that? and made every American feel that cuts were passed last year. The Presi­ By the year 2000 how many guns do they have the right to own a gun. Any dent also said that more research and you think there will be in the Amer­ time you talk about gun control, you treatment for AIDS, that was passed ican society? are threatening their rights. If you last year. We got more childhood im­ The teenagers in my congressional talk about gun control as a way to munizations. We talked about these district tell me that they can get a gun bring down the high cost of health things a lot under previous administra­ for $25 right now. If you want a gun, care, because one of the highest costs tions, but we only made tiny steps in you can get a gun, the basic six shoot­ of health care in Washington, DC, and trying to deal with them. We got more er, for $25. Next year they will go down Houston, TX, and Detroit, MI, and New childhood immunization as a result of if there are more guns, and the law of York, NY, one of the highest costs of legislation passed last year, more sup­ supply and demand means the price health care is the traumas that take port for women's health research, sup­ will go down. By the year 2000 a gun place, especially on the weekend, at port for college loans for the middle will cost you between $5 and $10. Is it emergency rooms, where gunshot vic­ class, a new national service program any wonder that more and more young tims are brought in. That is a very ex­ for those who want to give something people have guns? Is it any wonder that pensive form of health care, dealing back to their community and earn more and more teenagers have guns, with gunshot victims. money for higher education. A dra­ more and more schools are trying to I visited Toronto, Canada, almost 2 matic increase in high-technology in­ take steps to deal with guns? years ago, to tour the health care sys­ vestments to move us from a defense to We got metal detectors, we got all tem there and see how the Canadian a high-technology economy. A new law, kinds of situations in the high schools health care system worked, by visiting the Motor-Voter Act, to help get people and the big cities. You got complaints doctors, hospitals, patients, et cetera. to register to vote. And last but not from the rural areas about large num­ We went to the general hospital in To­ least, family and medical leave. The bers of students bringing guns to ronto on a Friday evening, and the first bill we passed last year was the school. place was so quiet. I said, this must not Family and Medical Leave Act. Some So the Brady bill, which is now the be the main hospital, is it? This is not people in my district try to play down Brady law, was a very important step the main emergency room. Where is the Family and Medical Leave Act and forward, but let's all recognize it was your regular emergency room? There say it is not that important. After all, just one step forward. were only two people in the emergency I can take off and not get paid. We can It broke the back of the illogical, un­ room. take off and not get paid. To know reasonable, blind resistance that has They said, you know, we don't have your job is going to be waiting for you been waged by the National Rifle Asso­ any great flood of emergencies on the when you get back is important. Great. ciation over the last 50 years. The Na­ weekend. I said surely on the weekend, We would like to see the workers take tional Rifle Association has taken a on Friday night, Saturday night, Sun­ medical leave and get paid, as they do stand that any law which affects guns day, you must have lots of victims of in Germany, as they do in France, but in any way is a threat to American lib­ violence. You must have a lot of gun­ we are not that civilized yet. erty. Any law which affects guns in any shot victims. And he said no, no, no, we way is a violation of the Constitution. had about 25 cases of gunshot wounds 0 1500 Of course, they use the second over the last year. Twenty-five cases of We just made the first step. At least amendment to prop that up. They in­ serious gunshot wounds in the biggest the Government guarantees if you sist that the second amendment gives hospital in Toronto, Canada, 25 per work for an employer that has 50 or every American the right to own a gun. year. more employees, you are guaranteed to 182 CONGRESSIONAL RECORD-HOUSE January 26, 1994 get a job back, a very important step. that a prosecutor for S&L hot water. I hope the Members of Congress will If it was not important, why did Presi­ Any maybe we will get around to that speak loud and clear to the President dent Bush veto it twice. Why did cer­ eventually and not single out in disagreement. To make a statement tain quarters, certain special interest Whitewater as some great example that you are not going to cut the De­ groups in America fight so long against that has to be explored over and over fense budget anymore, while you tell it, if it is not important. again. us you are going to cut 300 programs Family medical leave was passed as Let us look at the whole picture and and eliminate 100 domestic programs, our first act last year, and it was very whatever happened at Whitewater will is to close the door to a dialog which is important. All passed, all signed into fall into perspective. You can see it in unbecoming and out of step with the law as the President stated. comparison with the whole and see how President's general way of proceeding. These accomplishments were all tiny it probably is compared with the I hope that we are going to be able to commitments that he had made when billions that the American people are balance these defense programs against he sought office, and they were all paying right now to make up for the the domestic programs. I would wager, passed by the Congress. money that was stolen out of savings without even knowing which programs I salute the President and his and loans across the Nation. he is going to cut, I would wager that achievements, and I salute the fact I will not go into that in great detail. the 300 programs he is going to cut, that in his speech last night he stood I want to come back to the President's added to the 100 programs that he is up to those people who have attempted speech. As I said before, I give it an A­ going to eliminate, proposes to elimi­ to minimize his accomplishments. minus. It was a great speech, but I nate, if you add all of it up, 400 pro­ I have heard the President himself have disagreements. grams, some cut, some eliminated, say on previous occasions that he does When the President says, "Next they would not equal the cost of one not believe in the lame game. He said month I will send you one of the tough­ Seawolf submarine. They would fall far that more than a year ago. est budgets ever presented to Congress. short of the cost of one Seawolf sub­ I hope by now, after being kicked It will cut spending in more than 300 marine. One Seawolf submarine costs around by some very nasty people here programs. It will eliminate 100 domes­ $2.3 billion. They certainly would not in Washington, that he clearly under­ tic programs and reform the way Gov­ get up to one nuclear aircraft carrier. stands that you have to play the blame ernment buys its goods and services. One nuclear aircraft carrier costs $3.5 game and fix the blame where it is. This year we must make the hard billion. Otherwise, they will fix the blame for choices again to live within the hard When you are talking defense and what they have done on you. spending ceilings we have set," I agree you make the cut in defense, you are I will not go into Whitewater in great with the President that we ought to talking big money. If we cut a few use­ detail right now, because I would like make hard choices. But I wonder about less weapon systems out of the defense to discuss Whitewater at some other those 300 programs that are going to be budget, we have large amounts of date at great length, the implications cut. I would like to see the list of 300 money to transfer to more worthwhile of Whitewater and the savings and loan domestic programs that will be cut. I activities. So if you are not going to mess, the savings and loan swindle, wonder again about the 100 domestic cut the Defense budget and you are how a whole long list of people in Gov­ programs that are going to be elimi­ going to leave all those worthless ernment who have connections to sav­ nated completely. There is no virtue in weapons systems in place, some that ings and loans were never investigated. numbers, to say I am going to elimi­ would not be any good if we had a There were never any calls by the nate a certain number of programs. fight, because they were never on loud voices that now call for an inves­ They may be very tiny programs with sound ground, the missile systems on tigation of Whitewater. They never a few hundred thousand dollars and, be­ the star wars, some of the aircraft that called for an investigation of cause of their small size, to have some­ is in the pipeline, there are a number of Silverado. Silverado in Colorado, does body make a judgment that they are places where experts have challenged anybody know anything about that? worthless is wrong. It is illogical. The the utility of these devices and these The son of a President was on the value of a program that is only appro­ weapons, again, even if we had a war. board of Silverado. Nobody called for priated for $1 million may be far great­ But since we do not predict any war the appointment of a Special Prosecu­ er than a program that is spending a with another superpower, why do we tor to look into the Silverado swindle. few billion dollars. Because it is spend­ make pledges not to cut the Defense Much more was involved in terms of ing less does not mean that it is a less budget? Why not at least be objective dollars than were involved in desirable or less needed program. enough to take a close look at the De­ Whitewater. I worry a great deal about cutting 300 fense budget, take a look at all those There is a whole need to explore fully domestic programs and eliminate 100 nooks and crannies in the Defense the implications of the persecution, the domestic programs. I worry about that budget. Because over the last 50 years, special persecution that is taking place even more, when you consider what the since the end of World War II, the cold in the case of Whitewater, how all the President said about the defense budg­ war and everything that went into the people who were so silent, some on the et. Again, my most profound disagree­ mystique which created the military Banking Committee, so silent about ment with the President in his speech industrial complex, all of that created the billions of dollars that went down last night was his pledge not to cut the a situation where Defense has gotten the drain in savings and loans. defense budget. He will not cut the de­ almost everything they have asked for. Some savings and loans have elected fense budget anymore, and he re­ There were years when no matter officials connected with them. Illinois quested that Congress cooperate with what they asked for, and the American had a few elected officials. Savings and him and support him on not cutting people would be surprised at what went loans went down the drain. They had the defense budget. That is my most through the Defense budget, programs elected officials connected. Texas, Cali­ profound disagreement. for counseling, for reading, for family fornia got a lot of elected officials con­ It is still an A-minus speech. It is problem solving. All kinds of programs nected with savings and loans that still a great speech, when you consider went through the Defense budget. And went down the drain, and nobody called the pluses, but this is a minus which if you look in the Defense budget, you for Special Prosecutors. Nobody called must be dealt with, and here is the will find all manner of things there. for investigations of the kind that place where I hope that the President It is the most bloated budget. It is should have gone forward. Maybe we and his willingness to enter in to a dia­ where the money is. As Slick Willie's should have had a Special Prosecutor log with Congress, the fact that he is a son used to say, when he asked him to deal with all the savings and loans great communicator and a great be­ why he robs banks, that is where the that had elected officials connected liever in participation and decision­ money is. If you want to look for budg­ with them in any way. We could call making, I hope he hears us. et cuts and you want to look for ways , • •• ,.,,..,...... ,.---~----- • I

January 26, 1994 CONGRESSIONAL RECORD-HOUSE 183 to streamline the Government, go look intelligence budget, which most people perhighway. I do not know of a single at the Defense budget. We have got de­ agree is about $28 billion. The cold war teacher or a single educator or a single pots in the areas surrounding Washing­ is over, and yet we are still spending librarian who sits on that information ton, depots which still have hundreds $28 billion. I suppose the President superhighway advisory committee, but of billions of dollars' worth of junk in meant them, too, when he said we are there is room for dialog. I am sure that them. I say "junk" because anything not going to cut Defense any more. we will make a correction. I am sure that is no longer useful, as far as the They consider themselves part of De­ the Vice President and the President military is concerned, is junk. fense. will listen. That is very important. They may more aggressively find We cannot look at . the CIA and ask, It is important to create jobs. The ways to sell it, sell it to Third World "What are you doing now that the cold young people in my district need to countries. And we are not talking war is over? How many of your jobs are know what kinds of jobs are involved. about weapons. I am talking about make-work jobs, very expensive make­ They need to know that our Govern­ tiers. I am talking about medical jack­ work jobs? You are making work for ment is gong to help them to train and ets for doctors of a kind they do not yourselves in various ways, and we to get the education necessary to be in­ make anymore. cannot challenge that because every­ volved in those jobs. All of us looked at "60 Minutes," and thing is secret?" The President goes on to say, "As we we saw some of the examples in the What have you done lately to deserve expand opportunity and create jobs, no warehouse. One hundred billion dollars' a $28 billion budget, intelligence com­ one will be left out. No one can be left worth of stuff is stored in warehouses munity? You could not predict the col­ out." To quote the President further: that we cannot use anymore. We are lapse of the Soviet Union, when the big We will continue to enforce fair language talking about the continuation of the Soviet Union was collapsing, and you, in fair housing and all civil rights laws, be­ funding for overseas bases. outrated intelligence agency, could not cause America will never complete its re­ 0 1510 tell us it was collapsing. newal unless everyone shares in its bounty. You could not accurately tell us We can do all these things, put our eco­ We do not want to close any bases in what was happening in Haiti. You told nomic house in order, expand world trade, America. We do not want to throw any target the jobs of the future, and we will, but communities out of kilter economi­ us things about Jean Bertrand Aristide which were later proven to be false. A let us be honest, this strategy cannot work cally, necessarily. We can take time unless we also give our people the education, for that. hospital in which your communiques the training, and the skills they need to However, why not close the overseas say he was treated for mental illness, seize the opportunities of tomorrow. We bases in Japan and Germany? We have that hospital did not even exist. The must set tough world-class academic and oc­ been talking about it for some time. doctor you say treated him did not cupational standards for all of our children, even exist in Canada. CIA, why should and give our teachers and students the goals Billions of dollars are being spent to to meet them. keep the bases going overseas. Let us you not be cut? take a close look at this Defense budg­ Mr. Speaker, I hope that the Presi­ I know what the President means. I et. Let us even look closely at some dent will reconsider that we can have a sit on the Committee on Education and traditional things nobody has ever meaningful dialog about this great Labor. I welcome the fact that he has thought about. pledge not to cut the military. That is had vigorous participation in the effort Do the Members know how much it where the money is. Instead of cutting to move the education agenda forward. costs to educate a young man or a 300 helpless domestic programs and It is not just words and rhetoric, but young woman at West Point? Do they eliminating 100 programs, let us have a this President has been involved in know how much it costs to educate dialog. Let us communicate. Let us ex­ moving the agenda forward. one, compared to Harvard and Yale and amine objectively where the money is We have passed out of the House of Princeton? The cost of educating one going, and let us decide on ways to Representatives the goals 2000 bill. We student at West Point is about four spend it that are most productive for have passed the schools to work bill. times the amount of money we spend America. We are going to pass the Safe Schools to educate a student at Harvard or The President does talk about some Act, and a number of other school-re­ Yale or Princeton. good things that my district, people in lated bills. This morning my sub­ Why do we have to spend so much my district, have waited a long time committee passed out of the sub­ money per student in the military for programs to help people get jobs. I committee the drug-free schools bill, academies? West Point is the highest, like what he said, and I quote, so we are moving. We are moving, with but the others are too high, also. No­ We must work with the private sector, con­ the support of the President, on edu­ body has ever taken a look at the budg­ nect every classroom, every clinic, every li­ cation. brary and every hospital in America to a na­ On employment, I like what the et. When we try to find out what is the tional information superhighway by the year budget of West Point, you find out, 2000. Instead access to information will in­ President had to say in his State of the "What budget? We just spend money. crease productivity. It will help educate chil­ Union address. I quote the President, We don't have a budget." dren and provide better medical care and The only way to get a real job with a grow­ If we take a look closely at these create jobs. I call on Congress this year to ing income is to have real skills and the abil­ kinds of expenditures and things that pass legislation to establish the information ity to learn new ones. We simply must the military takes for granted, there is superhighway. streamline today's patchwork of training money to be saved. We can save money I am a librarian. I know how impor­ programs and make them a source of new skills for people who lose their jobs. which we can use, I assure the Mem­ tant information is. I know the power Reemployment, not unemployment, will be bers, to help keep some of these 300 of information. I know we live in the the centerpiece of our program for economic programs that are going to be cut and age of information. I have spoken to renewal, and I urge you to pass it this year. the 100 that are going to be eliminated. Vice President GORE on several occa­ Unlimited applause was due the It is like the Hans Christian Ander­ sions. I have communicated to as many President on that one, and he needs it. sen Story, where the Emperor has no people as I know that the super­ His activities over the first year have clothes on, and nobody would say that highway, the super information high­ laid the basis for moving forward with the Emperor did not have any clothes way, should be available to everybody, jobs programs. To quote him again: on. The establishment around Washing­ that we have got to find a way to make sure it is not just a monopoly of the Just as we must transform our unemploy­ ton does not want to say the Defense ment system, we must also revolutionize our Department is still the place where rich. They agreed. welfare system. it doesn't work. It defies our there is a huge amount of waste. We One way to make it available to ev­ values as a Nation. can make a lot of cuts. erybody is to put it in schools and in li­ If we value work, we cannot justify a sys­ Nobody wants to talk about the CIA, braries. They have set up an advisory tem that makes welfare more attractive our spy apparatus, and the rest of the board to work on the information su- than work. If we value personal responsibil- 184 CONGRESSIONAL RECORD-HOUSE January 26, 1994 ity, we cannot ignore the $34 billion in child ernment and that is all, no more? I will no more. That is not so outrageous, be­ support that absent parents ought to be pay­ buy that. If every American deserves 2 cause there are some countries where ing to millions of mothers and children. If we years help from the Government and they do not have any Federal deposit value strong families, we cannot perpetuate a system that penalizes those who stay to­ no more, everybody is equal, I might insurance, the government does not gether. buy that. help you at all. They have private in­ Can you believe that a child who has a But are you saying also that the surance. And then there are other child gets more money from the government farmers who have been receiving fa-rm countries like Great Britain where for leaving home than for staying with their subsidies for more than 2 years should they have a very limited amount of parent or grandparent? That is not just bad be cut off? A farm subsidy, paying Federal protection, government protec­ policy, it is wrong, and we must change it. farmers not to grow a certain amount tion over your bank deposits. This is I agree with the President 100 per­ of grain, or paying them to store grain, not unusual. So, all Federal deposit in­ cent. I agree with this part of the ad­ whatever the farm subsidy is, that is surance will be limited to deposits of dress 100 percent. Those who say that the American taxpayers helping an in­ $30,000 and no more. the liberals, the progressives, are not dividual. Now, if everybody deserved no Overseas embassy services. Some ready to tackle welfare reform, that more than 2 years of help, then cut the Americans travel all of the time. The their hearts are bleeding and they want farmers off who have been on more majority of Americans never travel. to be soft on people who do not want to than 2 years. They cannot afford it. The services of work, they are lying. We have consist­ When we have flood insurance, some the embassies, the passports, all of the ently said we know, and I have a large people build their homes in areas where things that they do for people who number of people on welfare in my dis­ they have floods again and again, are travel, $30,000 worth over your lifetime, trict, we know from first-hand experi­ you saying that two times and it is all and no more. ence that people would rather work over, that the Federal Government If we are going to look closely at than be on welfare. should not help rebuild their homes Government assistance, how much you We know that when they go to look when a flood has taken place? I mean, should be given, then why not have a for jobs, there are no jobs. We know one person is no different than another. uniform rule across the board? that if a hotel or a new enterprise of You need help. Your home has been Do not misunderstand me. I support any kind advertises 10 jobs, they will flooded. the basic principle of giving people all have a thousand people show up for In earthquake areas, you choose to of the help we can to get off welfare, those 10 jobs. Sometimes they have live in an earthquake area. An earth­ give them a job, 2 years and no more. several thousand people, people spread quake is made by God, but it is your But I want to spread that principle so in long lines around the block, people choice to build your house in an earth­ that every American who gets any kind getting into fights for a handful of quake area. Let us forget whether it is of assistance, any subsidy, and I am jobs. God or man, you need help. People who not talking about Social Security, I am Mr. Speaker, we agree 100 percent are victims of earthquakes need help. not talking about insurance, I am not with the President. We value work. Are we saying that we will give you talking about health care, I am talking There is no reason why people on wel­ help twice, 2 years, and then after that about a subsidy that goes to some and fare should not get off if their job is no more? not others, then any American who there, but make sure that the jobs are Or if there is a hurricane, as hap­ gets that kind of subsidy should have a there. We are behind the President 100 pened in Florida, we will give you help limitation of 2 years. percent. for two hurricanes, and no more? Let us take a look at welfare reform. I am in favor of a comprehensive wel­ Or is that all wrong? Would a more We look forward to a dialog with the fare program. I am in favor of the scientific way to do it be to calculate President on that, and look forward to President's 2-year rule, where people, the cost? People who are on welfare get a dialog with the President on all of and to quote the President, and I am between $10,000 and $15,000 a year. A these things, including crime. going to quote in great detail, family of four on welfare, depending on Progessives, they say, are soft on To all those who depend on welfare, we what State you are in, gets between crime. But I am all in favor of three offer this simple compact: We will provide $10,000 and $15,000. Let us take the things and you are out, Mr. President. the support, the job training, the child care higher figure. If they are on 2 years, I do not think it is going to accomplish they need for up to two years, but after that, they get $30,000 from their government. very much if you do not eliminate guns anyone who can work must work; in the pri­ vate sector if possible, in community service Their government helps them with in our society. I think we are still if necessary. We will make welfare what it $30,000 worth of help. Should we make going to have large numbers of people ought to be, a second chance, not a way of that a rule, that every American who killed with guns, but I am all in favor life. is in trouble of any kind, everybody of trying the policy of three times and I agree with the President. I think who needs assistance gets $30,000 worth you are out. most progressives agree, most liberals of help and no more? If you are going I am all in favor of putting 100,000 po­ agree. If we are going to provide the to pull these years out of a hat, the 2- lice on our streets with Federal aid. We support, the job training, the child year rule, then let us be scientific need them in my district. But if you care, if we are going to make it pos­ about it, and let us decide on what you are going to put 100,000 more police, or sible by providing the jobs, then we are are doing. Thirty thousand dollars any additional police out there, I also all together. The people on welfare worth of help and no more, that sounds want the law to state that we want want the jobs, we want them to have reasonable. more efficient, more effective, and the jobs, but make certain that we do The people who are getting Federal more competent police departments. not perpetuate a fraud. Let us not be deposit insurance to cover their depos­ Law enforcement is one of the most in­ cruel and pretend there are jobs when its in the banks, why do we cover more competent, inefficient areas of activity there are no jobs. than $30,000? Why not just cover $30,000, in our Nation. They blunder more, they so that when the banks fail, as have waste more money, and corruption is a D 1520 the savings and loans, the American major problem. I hope the law will If you are going to have a 2-year rule, people are not out $500 billion. You have in it some stringent provisions and I do not know how you arrived at know the savings and loans swindle is against corruption. I have seen in my the 2-year rule, those people who say 2 predicted to cost us $500 billion before district massive corruption at two pre­ years on welfare, that is enough, get it is all over. Now let us not be in that cincts where the police were the worst off, I say okay, let us experiment with position again. Let us say if you have a criminals. We had a commission where that. But how did you come to 2 years? deposit we will insure no more than they confessed. And no body talked Are you saying that every American $30,000. We have a new rule, the Gov­ about harsh punishment for police. deserves 2 years of help from the Gov- ernment assists people up to $30,000 and Anybody who has been sworn to uphold January 26, 1994 CONGRESSIONAL RECORD-HOUSE 185 the law as a policeman, is sworn to up­ lators or public pandering protection­ Second, is there adequate coordina­ hold the law as a peace officer, any ists-what does? tion between United States and foreign judge should have double the punish­ Everett Dirksen once commented regulators? ment of other people committing the that a billion here and there pretty Third, are there unique issues regard­ same crime. We ought to build that soon added up to real money. With re­ ing the payments, clearing and settle­ into our Federal aid. Let us give com­ gard to derivatives, it would appear ment systems related to derivatives? munities help, give them more police, that a trillion here and there may add Fourth, what are the benefits real­ but let us also deal with some of the up to a real problem. ized by users of derivatives for risk­ problems that are out there. The inef­ As the Federal deficit bears proof, management purposes? fectiveness, the inefficiency, the blun­ Congress has yet to understand how to Fifth, do dealers and end-users of de­ dering of our police departments, let us manage figures followed by 9 digits. rivatives have adequate internal con­ deal with that. With derivatives it is asked to under­ trols? In closing, I want to make it clear stand quantumly larger figures-num­ Sixth, are there adequate protections that despite my criticism and my com­ bers followed by 12 digits. in place to protect unsophisticated ments I think the State of the Union Derivatives pose an interesting co­ end-users? Address on January 25 was a landmark nundrum in that the problems they Seven th, how extensively are deri va­ in American history, especially modern present may be too sophisticated for a tives used for purposes of speculation American history. I think the Presi­ Congress of generalists to deal with in and what should be the role of specu­ dent gave a world-class performance. lator? and any detail. However, this does not Eighth, what is the level of systemic He won an A minus. He provided lead­ mean that legislators do not have the ership. risk posed by derivatives? responsibility to set forth a general Policymakers must be careful to un­ I look forward to the second year of framework of concerns with the under­ the 103d Congress. I think it is going to derstand the broad array of products standing that the executive branch and and services that are subsumed under be a great year for history, a great Federal Reserve must be held account­ year for the American people. I think the term of derivatives. For example, able for responsible oversight of the fi­ the ratings agencies assign widely we are going to start with our empha­ nancial markets. sis where it needs to be. At the end of varying levels of credit risk to dif­ this year, every American is going to Congress should be extraordinarily ferent products which are all consid­ wary of setting specific regulatory ered derivatives instruments. Commod­ be guaranteed heal th care security, standards but legislation is clearly every American is going to be able to ity or equity contracts, currency warranted to empower an interagency swaps, currency options, currency fu­ breathe a little easier. Most of all, I commission to issue prudential guide­ think the mean-spirited of our Nation tures or forwards, interest rate swaps, lines which would have cross-industry interest rate options and interest rate will be tackled head on, and we will be enforceability tied to cross-border not a mean-spirited nation, rich but futures or forwards represent different talking poverty, but a nation in spirit standard setting efforts. Unless deriva­ types of derivative products, all with as generous as it is wealthy. tives are regulated by product type as an entirely separate risk factor. This well as institution kind, the market highlights the sophistication in the will simply be skewed to those market market and also highlights the prob­ DERIVATIVE REGULATIONS participants not subject, as commer­ lems that policymakers may confront The SPEAKER pro tempore (Ms. cial banks are, to safety and soundness as they consider the need to supervise BROWN of Florida). Under a previous scrutiny. And unless efforts are made this market. order of the House, the gentleman from to develop international standards, the In examining the different types of Iowa [Mr. LEACH] is recognized for 60 market will be skewed to the advan­ derivative instruments, it is important minutes. tage of foreign participants. to acknowledge the benefits that deriv­ Mr. LEACH. Madam Speaker, today I Conventional wisdom is that deriva­ ative products provide as a risk man­ am introducing legislation to provide tives trading is currently being con­ agement tool for both financial and an enhanced framework for· Federal ducted in a manner that does not ad­ nonfinancial firms. By allowing compa­ regulations of derivative activities. versely effect the safety and soundness nies to better manage the risk on their By background, 2 months ago I re­ of the financial system and does not balance sheets, the prudent use of de­ leased a 900-page minority staff report represent significant systemic risk. rivatives helps market participants on derivatives, concluding with 30 rec­ However, the sheer magnitude of the guard against market volatility, thus ommendations for constraining public market and the extraordinary growth providing a more stable environment risk in the marketplace. in product trading present worrying for job creation. In particular, pruden­ This report, in effect, complements a concerns. Regulators have no choice tial use of derivatives products insu­ private sector report issued by the except to establish as the highest pos­ lates companies from volatile interest Group of 30 which represents a consen­ sible priority the need to be vigilant in rate and foreign currency exposures. sus effort of the most respected market guarding against the potential risks to In addition, the lower cost of funds, participants to establish mm1mum individual institutions and to the fi­ made possible by the growing use of de­ standards of industry self-regulation. nancial sys.tem as a whole posed by de-. rivative instruments, has provided By further background, my operating rivatives trading. Despite the apparent more affordable housing and cheaper assumption is that derivatives are the benefits of wider use of derivative prod­ student loans while decreasing tax­ new wild care in international finance. ucts, a persuasive argument can be payer exposure at Government spon­ There is an American adage: "I made that only sophisticated users sored enterprises such as Fannie Mae, wouldn't do that for all the money in with comprehensive risk management Freddie Mac, and Sallie Mae. In fact, the world." Interestingly, the multi­ strategies, qualified personnel, and the U.S. Government may want to ex­ trillion dollar derivatives activities of deep financial reserves should partici­ amine the advantages of these products the 10 largest American commercial pate actively in this exploding market. to lower its funding costs and thereby banks alone amount to double the an­ In analyzing the public policy con-· reduce the budget deficit. Sovereigns nual GNP of the United States which, cerns related to derivatives, legislators throughout the industrialized world in turn, is . more money than all the and regulators have an obligation to use sophisticated financial techniques, money 'in the world. If this doesn't de­ repeatedly review the following ques­ including derivatives, for more effi­ fine a pyramidal house of cards-par­ tions: cient management of their financial ticularly in the event of a market First, are adequate uniform capital, needs to the direct benefit of their tax­ shock sparked abroad by warmongers accounting and disclosure standards payers. Al though risks exist in the or at home by private sector specu- for derivative products in place? speculative use of derivatives, a strong 186 CONGRESSIONAL RECORD-HOUSE January 26, 1994 case can be made that for hedging pur­ cial bank competitors the need to have ing activities have been so consistently poses, greater use of derivatives should in place mark-to-market risk re­ profitable indicates that the propri­ be contemplated by the U.S. Govern­ straints. Both Salomon Bros. and the etary risk taken by banks in these ac­ ment. In fact, the U.S. Treasury today Bank of England have released studies tivities so far has been prudent or at may be assuming a greater risk in its last year that found risk management least quite fortunate. These statistics current efforts to shorten maturities of tools inadequate in many banks. give some comfort that risk manage­ U.S. borrowings than it would be in As we look at the junk bonds of the ment constraints have not been ig­ using derivative products for financial 1980's, it is impressive how a credible nored in the private sector. However, management purposes. social idea-the need for secondary fi­ all parties must recognize that while While derivatives make up only a nancing of below grade debt-was the past may be prologue, historical small fraction of the trading activities mispriced and misadvanced. As we look experience is not always a guide to the at insured financial institutions, and at the growth of LDC debt in the 1970's future, especially when a relatively while derivative products often serve a and early 1980's, it is impressive how new market explodes in size. Hence, useful role in reducing rather than in­ fast growth of a historically risk­ regulators have an obligation to stay creasing institutional risk, the poten­ averse product changed its nature and on guard as this marketplace expands tial exists that these products can also how little prudential protection in a time of unprecedented economic be used for speculative activities. emerged from the fact that a number of uncertain ties. There is no escaping the circumstance respected large institutions expanded For example, the question of the ade­ that derivative activities in the 1990's market share together. Follow thy quacy of regulation for insurance com­ must be examined in the context of the competitor policies produced beggar panies involved in derivatives activi­ decade of the 1980's where America thy neighbor effects. ties appears to be an unresolved issue. overleveraged itself with junk bonds, In some circumstances we have with Currently, regulation of insurance junk real estate, junk S&L's of its own derivatives a product designed exclu­ companies' derivative activities is han­ making, and junk debt of LDC manu­ sively for prudent hedging. In other dled at the State level. While appar­ facture. circumstances we have an analogous ently no material losses have been re­ It may be irrational to draw parallels situation to the 1920's when a market alized in the insurance industry related with other circumstances in other time participant could buy equities on mini­ to derivatives trading to date, there is frames, but there are several aspects of mal margins. The margins are so low in no indication that State insurance reg­ mistakes made in private sector fi­ some deri va ti ves trading that specula­ ulators have the expertise to monitor nance over the past several decades tive market participants can make or such trading. Therefore, legislating worthy of review in the context of de­ lose substantial sums on negligible Federal accountability for derivative rivatives trading. shifts in product pricing. activities of unregulated companies is As we look at Penn Square, which In this historical circumstance, bank an issue that can't be ducked. Such an symbolized an imprudent effort to ad­ management would appear to have a approach may involve regulating some vance a credible idea, that is, merchant profound obligation to be particularly derivatives trading by product type, banking, it is impressive that several attentive to the risks inherent in mar­ rather than simply by type of institu­ of America's largest, most respected kets that compound in size. Account­ tion. Segments of the derivatives mar­ banks fell prey to the idea of rewarding ability must be the watchword. ket should thus be regulated under a a few key employees on a quasi-com­ Derivatives instruments may be de­ framework similar to the Federal secu­ mission basis for increasing volume in signed to help financial managers di­ rities laws where regulatory standards loan originations. Quality which had minish risk, but, ironically, if tremors exist for securities products, regardless been the hallmark of Continental Bank emerge in the international financial of the type of issuer. Administration of in secondary agricultural loan pur­ community, a product designed to a Federal regulatory approach for de­ chases was given limited purview with modestly reduce risk for an individual rivatives could be handled by existing the more fashionable oil field gen­ company or institution may agencies coordinated through an inter­ erated loans of Penn Square. Likewise, quantumly increase risk for the system agency commission. as we look at the high flyers in the as a whole. One of the oft-noted problems in fi­ S&L industry in the 1980's, it is impres­ Human nature being what it is, the nancial regulation is the circumstance sive how they understood that extraor­ prospect of destabilizing speculation in that there are competitive-for-jurisdic­ dinary leveraging implied socializing certain types of these products cannot tion regulators, not only of financial risk for the public taxpayer in the long be ruled out. Financial markets and institutions, but of market instru­ run, but privatizing profit for the few the risks involved change rapidly. New ments. Hence, the SEC and the CFTC in the short-run. In federally insured products are introduced every day and have comparable mandates, but differ­ banking institutions, the small number it is often difficult for private sector ing and to some degree overlapping of employee traders dealing in deriva­ participants as well as policymakers in markets to regulate and swirling in­ tives instruments today are in effect Government to judge adequately new dustry pressures with which to cope. being paid multimillion dollar commis­ risks. Currency markets, for instance, Some public policy observers have sug­ sions, privatizing individual gain but which have been such a source of gested the appropriateness of merging leaving risk to be absorbed by the money center bank profitability in re­ the SEC and CFTC, particularly given shareholders of the institutions in the cent years, could become more prob­ the relatively small staff but first instance and the public through lematic if new, less sophisticated en­ quantumly increasing market jurisdic­ the deposit insurance safety net in trants attempt to play leveraged games tion of the CFTC. Merits of such a com­ final resort. with other peoples' money. bination aside, it would appear that The question of whether too many It should be noted that in anlayzing one way to eliminate pressure to di­ money managers are putting too much over 10 years of trading results, quar­ minish regulation through choice of of other people's money at risk in a terly trading losses were posted only market arena is to allow an inter-agen­ game in which they win big if they bet four times by derivatives dealers-once cy group such as designated above to right and others lose bigger if they bet by J.P. Morgan and three times by have rulemaking authority binding on wrong is one that institutions must First Chicago. Cumulative losses in­ all exchanges and any regulator. This continually confront. Culturewise, in­ curred in those quarters were just $19 would also appear to avoid certain ju­ vestment banks lack the advantages of million. These are dwarfed by the trad­ risdictional problems in Congress that commercial bank customer ties and ing revenues earned in the other 36 have impacted on the regulation of ex­ the right to tap federally insured de­ quarters examined: $35.9 billion, which change traded derivatives. It is inex­ posits, yet they appear at this time to amounts to almost a 2,000 to 1 profit­ cusable that prudential regulation may understand better than their commer- to-loss relationship. The fact that trad- be hamstrung by the competitive con- ....-.... - ..... ,,...... --.. ..------~ .... ·~-·- ...... ,..~...... , - -,,---- .. -"fl' •.-.~...... ,..-~·- .... -·. ••

January 26, 1994 CONGRESSIONAL RECORD-HOUSE 187 siderations of Committees of jurisdic­ hedge against interest rate risk. Such a mains the fairest way to constrain tion in a legislative body. use of derivatives as a financial man­ competitive growth within the banking In the derivatives arena there is also agement tool could have saved the tax­ sector. One of the least analyzed parts the problem of new entrants. Herds payer significant sums of money. of the American S&L expansion in the that feed on tall grass don't go unno­ Alternatively, overuse or misuse of 1980's was the degree to which lack of ticed. If problems develop in the de­ derivatives when markets turn can attention to capital standards caused rivatives marketplace, it appears that cause market participants to get into disproportionate deposit growth in cer­ they will be less likely to stem from trouble. This is evidenced in the ques­ tain institutions in a certain industry the major firms operating in the main­ tions that still persist related to the in certain parts of the country. Atten­ stream, than from firms that are new case of Franklin Savings in Kansas. tion to leverage ratios is not only im­ entrants or operating at the fringes of Merits of the legal circumstance aside, portant in assessing taxpayer risk, but this market. Any regulation in the de­ the Franklin case underscores the need also for competitive equity, and re­ rivatives area must be premised on the for industry and regulators to share on gional and industrial credit allocation. assumption that all market partici­ a timely basis their concerns, and for The issue of capital standards for de­ pants are not equal in sophistication or risk management education to be a rivatives trading is an area in which integrity and that distinctions must mutual responsibility. further research should be encouraged, inevitably be made between prudential The use of derivative instruments recognizing that public sector judg­ and less prudential actors. Just as must be weighed from a policy perspec­ ments may not always coincide with well-run, well-capitalized financial in­ tive in terms of systemic as well as in­ private sector recommendations. stitutions have a powerful case for con­ stitutional risk, especially as such risk Concerning accounting and disclo­ siderable deregulation today, poorly may relate to the federally insured de­ sure standards, greater harmonization run, poorly capitalized institutions de­ posit system. of international standards should be mand significant, if not draconian In examining the risk posed by deriv­ strongly supported. Greater trans­ oversight. ative instruments, three issues stand parency is critical to the integrity of As the market expands to new en­ out: capital, accounting, and disclo­ our financial markets. trants, inevitably small businesses be­ sure. Of these three issues, capital Derivatives have profound implica­ come increasingly involved. The more would appear to be the most important tions in the international arena. No profitable a market becomes, the more factor. Capital is the cushion that pro­ area of modern finance demonstrates a likely that a large party will be in a tects a firm from credit and market greater need for international coopera­ position to take advantage of a smaller risk. For an insured institution, cap­ tion across industries. The BCCI scan­ party. I am particularly concerned that ital represents the best protection for dal demonstrated the critical need for the farther trading relationships take the taxpayer from the risks inherent in communication and cooperation among place away from the money centers, the marketplace. . international supervisors when activi­ the further away business people are Below is a table summarizing the 10 ties cross country lines and I am hope­ from eye contact and handshakes, the largest U.S. bank participants in de­ ful that a similar episode will not be more likely bottom line incentives will rivatives trading, as of October 29, 1993: necessary in order to spur greater co­ override ethical concerns in the rela­ operation and coordination among tions of larger financial intermediaries Credit Credit ex- international regulators concerning de­ Total Total de- equiva- posure rivatives. to smaller, less sophisticated end­ assets rivatives lent expo- percent sure capital I am particularly concerned that users. In these markets, the small fish widely different standards exist in dif­ must be protected from the sharks. Chemical Bank .... $110.4 $2.114.0 $32 .9 268 Bankers Trust Co . 63.9 1,802.3 29.5 571 ferent countries related to the crucial Disclosure rules are crucial. For exam­ Citibank ...... 168.6 1,789.3 38.2 230 issues of capital, accounting and dis­ ple, the FDIC has suggested that there Morgan Guaranty Trust Co .. 103.5 1,537 .5 37 .9 458 Chase Manhattan ...... 79.9 1,026.1 23.0 269 closure treatment for derivatives. Min­ should be enhanced disclosures by deal­ Bank of America ...... 134.0 893.5 21.7 91 imum international standards should ers to end-users. In addition, the OCC's First National Bank of Chi- ca go ...... 34.1 457.4 10.1 269 be set in these areas. While some new guidelines suggest a form of suit­ Continental Bank ...... 22.0 169.9 2.5 91 progress has been made concerning abili ty requirement for national bank Republic National Bank of New York ...... 28.4 167.7 2.7 104 capital standards for derivatives under dealers in their relationships with de­ Bank of New York 35.8 92.2 L7 41 the pending BIS proposals, I fear that rivatives customers. Source: Office of the Comptroller of the Currency. these proposals may be a lowest com­ Regulators must also be sensitive to mon denominator approach. Even more questions of suitability related to de­ It is not an easy task to determine troubling is the fact that the inter­ rivative instruments and discerning in the amount of capital-that is, govern­ national securities regulators have their supervision of derivative prod­ ment imposed friction costs-that been unable to come up with any com­ ucts. Wall Street cannot be allowed to should be dedicated or reserved by a mon approach on capital requirements. use unsophisticated investors to absorb bank for purposes of its derivative One final area for supervisory con­ its problems. Looking back on the last business. What is possible to note is cern that is often overlooked is the decade, there is no doubt that if Wall that if market participants are not re­ question of the legal risk involved in Street had not used insured S&L's as a quired to maintain strong capital posi­ derivatives activities. Legal risk is a repository for its mistakes concerning tions and/or reserve against systemic surprisingly large element of uncer­ mortgage backed securities and junk risk, it will be nonparticipants-com­ tainty in the international financial bonds, then the taxpayer would be bet­ munity banks in the first instance system and, as evidenced by the case of ter off today. Where the profit motive through the deposit insurance safety U .K. authorities in Hammersmith and exists, regulators must ensure that fair net and the taxpayers in the event of a Fulham, one that is unpredictable even markets develop and unsophisticated market debacle-who will pick up the in developed societies. If the global fi­ customers such as small businesses and tab for the mistakes of a few. nancial system is to fully realize the municipalities are protected. While the new proposed BIS capital risk management benefits of these in­ While not inherently destabilizing, standards would take into account net­ struments, governments must cooper­ derivatives provide ways of either ting and apply separate standards for ate to provide greater legal certainty leveraging or deleveraging financial in­ interest rate and market risks, new in­ across country lines. Until this goal is stitutions. One institution's hedge may terest rate and market risk standards reached regulators must be especially be another's speculation. In hindsight are not an adequate substitute for a sensitive to this potential problem area it is clear that in a rising interest rate strong leverage requirement. A strong and ensure that proper controls are put market, derivative products would leverage ratio remains the most impor­ in place. have been particularly useful for S&L's tant protection for taxpayers against Even more problemsome is politician during the late 1970's and early 1980's to risk in the financial system. It also re- risk as it relates to potential swings 188 CONGRESSIONAL RECORD-HOUSE January 26, 1994 toward protectionism in a fracturing stance, while derivative products can standards for the supervision by Federal fi­ world, particularly if regional or global prudently reduce exchange rate risk for nancial institutions regulators of financial recessions develop. market participants, they can also in­ institutions engaged in derivatives activi­ In dealing with supervisory standards crease exchange rate volatility. As the ties. for capital, accounting, and disclosure, Soros-led raid a year ago on the Bank Sec. 102. Definitions legislators have little choice but to be of England and more recently the new­ (1) "Federal financial institutions regu­ lators" means the OCC, Federal Reserve, cautious of overreacting and to rely in­ entrant attack on the Bank of France FDIC, OTS, SEC and CFTC. stead rather heavily on the judgment indicates, an increased use of leveraged (2) "Commission" means the Federal De­ of regulatory agencies. This leads to financial instruments makes stable ex­ rivatives Commission. one of the most pressing challenges of change rates impossible to maintain. (3) "Federal banking agencies" has the Government-the need for careful at­ While I have never been wedded to same meaning as section 3 of the FDI Act. tention to quality control in appoint­ the notion that trade is facilitated by (4) "Financial institution" means any in­ ments. In general, the private sector, arbitrarily maintained, fixed exchange stitution subject to section 402(9) of FDICIA, any government sponsored enterprise, or any because of incentive motivations, is rates, and while I have long believed other institution (including any type of end­ much smarter with money than the governments should be chary about user of derivatives) as determined by the public sector. This is why it is particu­ massive intervention in currency mar­ Commission. larly important to have people at Gov­ kets, I believe exchange rate mecha­ (5) "Government sponsored enterprise" has ernment agencies with proven exper­ nisms are more likely to foster stable the same meaning as in section 1404(e) of tise. The Government cannot be run economic growth if flexibility is re­ FIRREA. with campaign managers, particularly flected in gradualist rather than ab­ (6) "Qualified financial contract" has the same meaning as in section ll(e)(8)(D) of the at organizations that demand sophisti­ rupt change. What derivative products FDI Act, except that the Commission may cated knowledge such as the financial induce is extended swings in the mar­ determine any similar agreement to be a regulatory agencies. Appointments to ket, which self-servingly makes use of qualified financial contract for purpose of these agencies must be made based on such products more important for com­ this title. merit and not as a reflection of politi­ mercial firms, but more dangerous for (7) "Derivatives activities" means activi­ cal indebtedness by a candidate to an the taxpayer bystander. For, to date, ties involving qualified financial contracts, individual or industry group. Nothing the losers in this game of financial including those activities determined by the chicken have largely been taxpayers in Commission to be qualified financial con­ underscores the need for a government tracts for purposes of this title. of meritocracy more than the chal­ countries like Britain and France. Gov­ lenges the executive branch faces in ernments, in effect, have chosen to bail Sec. 103. Federal Derivatives Commission out the market, providing windfalls to The Commission shall consist of: the regulating products such as deriva­ Chairman of the Board of Governors of the tives. a few and accepting losses on behalf of Federal Reserve System; the Comptroller of Derivatives also underscore the need the many. But even bureaucrats wise the Currency; the Chairman of the Board of for the Government and industry to up. Once-burned Finance Ministries are Directors of the Federal Deposit Insurance work together to ensure that a profit­ likely to be less inclined to protect or, Corporation; the Director of the Office of able past does not prove prolog for a perhaps in the case of the Japanese, be Thrift Supervision; the Chairman of the Se­ profligate future. While the history of less likely to attempt to depreciate curities Exchange Commission; the Chair­ industry self-regulation has not been their currencies and shift losses in the man of the Commodity Futures Trading overly impressive, clearly to date, in future more squarely on private sector Commission; and the Secretary of the Treas­ ury. The chairman of the Commission shall the derivatives area, the private sector players. Traders beware. be the Chairman of the Board of Governors is leading the public, not only in the In addition, implicit or explicit cred­ of the Federal Reserve System. development of new market instru­ it extensions through the offering of Sec. 104. Costs and Expenses of Commission ments, but with techniques to manage derivative products which lack tradi­ One-sixth of the costs and expenses of the and constrain risk. Care, however, tional capital offsets makes the con­ Commission shall be paid by each of the Fed­ must be taken to ensure that we not duct of monetary policy increasingly eral financial institutions regulatory agen- have a least common denominator ap­ problemsome. It also makes regulatory cies. proach taken to regulation which assessments of bank risk increasingly Sec. 105. Functions of Commission might be adequate for one kind of in­ difficult to evaluate. (a) Establishment of Principles and Stand­ stitution in one timeframe. Tomor­ While the downside of variables is ards.- row's market circumstances and mar­ impossible to quantify, the likelihood (1) The Comrtlission shall establish prin­ ket participants may not be the same of a number of individual institutions ciples and standards related to capital, ac- · as today's. making mistakes in the near future counting, disclosure, suitability, or other ap­ It is true that when a corporation that will jeopardize their very viability propriate regulatory actions for the super­ hedges its risks and a financial and potentially that of the deposit in­ vision of financial institutions engaged in derivatives activities. intermediary provides for fee a deriva­ surance fund is anything but neg­ (2) Each regulatory agency shall issue sub­ tive product, a credible economic pur­ ligible. stantially similar regulations governing de­ pose is served and all participants are All financial players have a sudden rivatives activities to implement the Com­ acting in their proper self-interest. But vested interest in precisely what they mission's standards, unless it finds that im­ it is simply not true that all aspects of have, to date, considered not in their plementation of such regulations is not nec­ the derivatives business are risk free, best interest: that is, modest pruden­ essary or appropriate. that all derivatives trading is tial regulation that only governments (3) Any financial institution not subject to supervision by a Federal banking agency or unspeculative in nature, and that all of the world have the capacity to in­ the CFTC shall be supervised by the SEC to trading has a clear-cut, defensible so­ still. the extent of their derivatives activities, ex­ cial purpose. Parts of the game are A summary of the legislation I am cept as otherwise provided by the Commis­ played in such a way that there can be in traducing today follows: sion. (b) Recommendations Regarding Super- losers as well as winners and if there is 0 1540 a traumatic event, virtually all players visory Matters.- can become entwined in a lose-lose, Mr. Speaker, I submit for the RECORD (1) In establishing principles and standards rather than a win-win, scenario. a section-by-section analysis of the under subsection (a), the Commission shall As for the public interest, it is also legislation to which I refer. consider and may make recommendations DERIVATIVES SUPERVISION ACT OF 1994 for comparable regulatory action by the Fed­ not clear in all instances that what eral financial institutions regulators in provides quick profit for a few nec­ TITLE 1-FEDERAL DERIVATIVES COMMISSION other matters related to financial institu­ essarily advances, to resurrect a 19th Sec. 101. Declaration of Purpose tions engaged in derivatives activities, such century utilitarian concept, the great­ This title establishes the Federal Deriva­ as, but not limited to, the need to establish er good of the greater number. For in- tives Commission to establish principles and principles and standards for: ~-- -.-- .. .,,~--".'W'-.:-_,_r;'..--r-•__,-.--•

January 26, 1994 CONGRESSIONAL RECORD-HOUSE 189 (A) strong capital requirements (with par­ thority to carry out the internal administra­ This section also requires that the FDIC, ticular attention to a leverage ratio where tion of the Commission. The Commission in consultation with the other regulatory appropriate) to guard generally against risks may also utilize personnel and facilities of agencies, prescribe regulations requiring ex­ at financial institutions, including added the regulatory agencies, may appoint em­ panded recordkeeping for qualified financial risks that may be posed by derivatives ac­ ployees, and may obtain the services of ex­ contracts by insured depository institutions tivities; perts and consultants. that are undercapitalized. (B) discouraging active trading in deriva­ Sec. 108. Risk Management Training Sec. 303 . Qualified Financial Contract Transfers tives markets by financial institutions, par­ The Commission shall develop training This section amends the FD! Act to pro­ ticularly those with access to federally in­ vide that if the FDIC as receiver of a deposi­ sured deposits, unless management can dem­ seminars in risk management techniques re­ lated to derivatives activities for employees tory institution notifies a party to a quali­ onstrate that the institution has adequate fied financial contract by the close of busi­ capital and technical capabilities; of both regulatory agencies and financial in­ (C) joint regulatory examinations by the stitutions. ness on the business day following its ap­ federal banking agencies of insured deposi­ Sec. 109. International Negotiations pointment as receiver that all qualified fi­ nancial contracts between the depository in­ tory institutions that are derivatives dealers The Chairman of the Board of Governors of and any affiliates; stitution and that person or its affiliates the Federal Reserve, in consultation with were transferred to another depository insti­ (D) board of director responsibility with re­ the members of the Commission, shall en­ spect to the oversight of derivatives activi­ tution in accordance with ll(e)(9)(A), the courage governments, central banks, and provisions of 1l(e)(8)(A) allowing the party to ties, including specific written policies re­ regulatory authorities of other industri­ garding internal controls and risk manage­ terminate or liquidate the contract will not alized countries to work toward maintain­ apply. This section also allows the FDIC to ment approved by the board of directors of ing, and, where appropriate, adopting com­ institutions engaged in derivatives activi­ parable supervisory standards and regula­ extend the notice period up to 5 days if the ties; tions, particularly capital standards, for fi­ FDIC determines that the extension may (E) guidelines for the prudent use of collat­ maximize the return on the contract. nancial institutions engaged in derivatives This section also amends the FD! Act to eral by counterparties to derivatives trans­ activities. actions; explicitly provide that the FDIC may trans­ (F) the appropriate parameters, models and Sec. 110. Credit Unions fer qualified financial contracts to a bridge simulations for purposes of evaluating an in­ Insured credit unions shall be supervised bank or to analogous types of conserva­ stitution's credit and market risk posed by for purposes of derivatives activities by the torships. derivatives activities; National Credit Union Administration under Sec. 304. Clarifying Amendments (G) guidelines as to the appropriate credit standards no less stringent than standards This section amends the Bankruptcy Code risk reserves in connection with derivatives under which Federal depository institutions to require a master agreement governing activities; are supervised by the Federal banking agen­ multiple transactions be treated as one swap (H) increased standardization of docu­ cies. agreement in bankruptcy. This swap agree­ mentation and use of such documentation by TITLE II-SUPERVISORY IMPROVEMENTS ment shall be exempt from the stay, regard­ all market participants; less of product type or contract type. (!) minimum prudential practices for mu­ Sec. 201. Unsafe or Unsound Banking Practices nicipalities and pension funds that may use Failure of an institution-affiliated party Sec. 305. Technical Amendments derivatives; engaged in derivatives activities to have ade­ This section makes technical amendments (J) enhanced disclosures to mutual fund quate technical expertise may be deemed to to the FD! Act. customers of the risks that may be posed to constitute an unsafe or unsound banking TITLE IV- MISCELLANEOUS mutual funds that are end-users of derivative practice within the meaning of section 8 of Sec. 401. Savings Provision products; the FD! Act. The provisions of this Act shall be in addi­ (K) guidelines related to legal risk, includ­ Sec. 202. Internal Controls tion to and not in derogation of any existing ing, but not limited to, foreign legal risk; Standards for safety and soundness pre­ authority of a Federal financial institution and (L) regulations to protect against systemic scribed by the Federal banking agencies, in regulatory agency to supervise or regulate risk. accordance with section 132 of FDICIA, derivatives activities provided under any (2) When an applicable regulatory agency should include internal controls for deriva­ other applicable law. finds a recommendation of the Commission tives activities. Sec. 203. Foreign Bank Supervision unacceptable, that agency must provide a HOUSE RESOLUTION 329, DES­ written statement to the Commission ex­ The International Banking Act of 1978 is plaining its objections, and such statement amended to require that when evaluating the IGNATING 1994 AS A YEAR TO shall be published in the Federal Register. adequacy of supervision of a foreign bank en­ HONOR THE MEMORY AND LEAD­ (c) Development of Uniform Reporting Sys­ gaged in derivatives activities by its home ERSHIP QUALITIES OF THE HON­ tem.-The Commission shall develop uniform country, the Federal Reserve determine ORABLE THOMAS P. "TIP" reporting systems for financial institutions whether such country has comprehensive su­ O'NEILL, JR., THE LATE SPEAK­ engaged in derivatives activities. pervision and regulation for derivatives ac­ ER OF THE HOUSE OF REP­ (d) Training for Examiners and Assistant tivities. In making any determination under RESENTATIVES Examiners.-The Commission shall sponsor this paragraph, the Federal Reserve shall training programs concerning derivatives ac­ consider whether the home country main­ The SPEAKER pro tempore (Ms. tivities for Federal examiners. The programs tains comprehensive supervision and regula­ BROWN of Florida). Under a previous shall also be open to state examiners, em­ tion of derivatives activities, including cap­ order of the House, the gentleman from ployees of the Federal Housing Finance ital and disclosure standards, not less strin­ North Carolina [Mr. ROSE] is recog­ Board, and employees of the Department of gent than U.S. standards. nized for 60 minutes. Housing and Urban Development. (e) Effect on Federal Regulatory Agency TITLE III-FINANCIAL INSTITUTION INSOLVENCY Mr. ROSE. Madam Speaker, I wish to Research and Development of New Financial REFORMS respond to the challenge presented to Institutions Supervisory Methods.-Nothing Sec. 301. Confarming Definitions Members of the Congress last night by in this title shall be construed to limit or This section expands the FD! Act with con­ President Clinton in his State of the discourage Federal financial institutions forming amendments to the Bankruptcy Union Address. regulatory agency research and development Code to include derivatives products cur­ The President began by invoking the of new financial institutions supervisory rently being used in the market and to ac­ memory of the late Speaker of the methods related to derivatives activities. commodate future growth in the derivatives House, Thomas P. "Tip" O'Neill. He (f) Annual Report.-The Commission shall products industry. challenged the Congress to recall, in prepare an annual report. Sec. 302 . Failed and Failing Institutions Sec. 106. State Liaison Tip's honor, "who we are, where we This section alleviates the uncertainty came from, and who sent us here." The Commission shall establish a liaison about the scope of the automatic stay for the committee composed of three representa­ Before the President spoke yesterday FDIC when it is a counterparty, as this sec­ I submitted House Resolution 329 des­ tives of state agencies which supervise finan­ tion clarifies that insolvency and bank­ cial institutions, which shall meet at least ruptcy proceedings should not delay or limit ignating 1994 as a year to honor "Tip." twice a year with the Commission. the FDIC's rights to repudiate, terminate I would like to comment further on Sec. 107. Administration any net qualified financial contracts involv­ this matter and submit the resolution The Chairman of the Commission is au­ ing an insolvent or bankrupt party or for insertion in the RECORD at this thorized to carry out and to delegate the au- coun terparty. point of my remarks: 190 CONGRESSIONAL RECORD-HOUSE January 26, 1994 H. RES. 329 Congress." The Washington Post re­ Above all, we must not get defensive Whereas the death of the late Speaker of ported only yesterday that "at least and angry at our critics, or at our fel­ the House of Representatives, Thomas P. two independent studies showed that low citizens who are in trouble. That's " Tip" O'Neill, Jr., on January 5, 1994, has the 103d Congress gave President Clin­ what "Tip" would want. created not only a personal loss to his many ton more first-year legislative vic­ We do not need antidemocratic mech­ friends and colleagues, but also a great loss to the Nation; tories than any Congress has done anisms such as so-called term limits. Whereas Speaker O'Neill, is remembered since President Eisenhower's first year David Broder, the astute journalist, by all for his dedication to good government in 1953." has written of his concern that "term and his love for the people of the United The Washington Post went on to limits will hurt the effectiveness of States; state that voters see Congress as "a Congress and the legislatures, impair Whereas Speaker O'Neill's compassion and gridlocked blob, where lawmakers are the careful constitutional balance goodness of heart and his spirit of coopera­ cutting deals for their districts and not among the branches and increase the tion and conciliation were evident to all who working in the best interests of the Na­ power of unelected bureaucrats." I knew him; Whereas in the House of Representatives tion.'' could not have said it better. and in his life, Speaker O'Neill's personal The newspaper said that the prestige "Tip" would agree that the pillars of charm and political skill transcended dif­ of this Congress had fallen so low that American society are the family, the ferences of personality and party; only 32 percent of constituents polled school, the community, the Congress, Whereas Speaker O'Neill presided over the said they are inclined to reelect their and our spiritual and moral values. House of Representatives from the Ninety­ Represen tati ve. Let us devote this year, 1994, to shor­ fifth Congress through the Ninety-ninth Con­ I was elected to the House in 1972 and ing up the pillar of our Nation that is gress and emerged as one of the greatest have seen Members come and go. It is the Congress. That is what "Tip" American political leaders of this century; my conviction that today's Members and would want. Whereas it is appropriate that the House of are generally better informed and more responsive to constituents, with great­ Representatives rededicate itself to the prin­ SPECIAL ORDERS GRANTED ciples of leadership personified by Speaker er integrity, than the rank and file 22 O'Neill: Now, therefore, be it years ago. We live in a new era of more By unanimous consent, permission to Resolved, That 1994 is designated as a year media exposure but less depth under­ address the House, following the legis­ to honor the memory and leadership quali­ standing of the constitutional respon­ lative program and any special orders ties of the Honorable Thomas P. "Tip" sibilities of the Congress and how we heretofore entered, was granted to: O'Neill, Jr., the late Speaker of the House of function. (The following Members (at the re­ Representatives. SEC. 2. There shall be available from the We have been told that only 3 percent quest of Mr. Goss) to revise and extend contingent fund of the House of Representa­ of our population think they can trust their remarks and include extraneous tives such sums as may be necessary to carry Government to do what is right. I fear material:) out this resolution. that the American body politic has Mr. BILIRAKIS, for 60 minutes each SEC. 3. The Committee on House Adminis­ been infected with cynicism and pes­ day, on March 22, 23, 29, and 30. tration of the House of Representatives shall simism. Mr. DORNAN, for 60 minutes each day have authority to prescribe regulations to If infection goes unchecked it can of the 2d session of the 103d Congress. carry out this resolution. kill the human body. That is why we . Mr. LEACH, for 60 minutes, today. Madam Speaker, "Tip" was an ex­ must find the antibiotic of healing and Mr. Goss, for 5 minutes, today. traordinary leader of this House and I renewal. We must seek better ways of Mr. EWING, for 5 minutes each day, on am certain that the many Members working together to legislate more ef­ February 1, 2, 3, 8, 9, and 10. still serving, Democrats and Repub­ fectively. We must examine the state Mr. TORKILDSEN, for 60 minutes each licans alike, cherish his memory. He of the congressional union. And we day, on February 1, 8, 9, 10, 22, 23, 24, could disagree without being disagree­ must enlist those who elect us in a and March 1, 2, 3, 8, 9, 10, 15, 16, and 17. able. He could persuade colleagues be­ campaign for a country and a Congress Mr. STEARNS, for 5 minutes, today. cause he genuinely liked them, and that feels confident and competent to (The following Members (at the re­ they liked him. He presided over a achieve a future better than the past. quest of Mr. DARDEN) to revise and ex­ House that valued mutual respect, con­ This Congress dare not respond to tend their remarks and include extra­ ciliation, and cooperation. "Tip" took the President's call to action with an neous material:) time to listen to every freshman Mem­ uncertain trumpet. The time has come Mrs. MINK, for 5 minutes, today. ber and, in keeping with his belief that for new Democrats and new Repub­ Mr. FINGERHUT, for 5 minutes, today. "all politics are local," he constantly licans to find new ways of working to­ Mr. GONZALEZ, for 5 minutes, today. sought to serve as well as lead. gether. "Tip" could broker a consensus from I would like to honor "Tip" this year divergent sectors, mainly because he by restoring the primacy of the first EXTENSION OF REMARKS cared about his colleagues. He resigned branch of Government as our Founders By unanimous consent, permission to as Speaker 7 years ago but his spirit perceived this House. We must reclaim revise and extend remarks was granted still dwells in this Chamber. That is the vision of George Mason who saw to: why I have asked that 1994, the year of the House as "the grand repository of (The following Members (at the re­ his passing, be devoted to honoring the the democratic principles of the Gov­ quest of Mr. Goss) and to include ex­ leadership qualities that he personi­ ernment." As we rebuild nationally a traneous matter:) fied. sense of family and community, the Mr. BAKER of Louisiana. Former Speaker Sam Rayburn used House has to reassert and reclaim its Mr. DORNAN in two instances. to say that "any jackass can kick a role as the first branch. Mr. HYDE. barn door down, but it takes a car­ Directly representative of the people, Mr. KING. penter to build one." "Tip" was such a the House has a unique function. We Mr. ARCHER. carpenter, a builder of trust and an ar­ are no better, and no worse, than the Mr. PACKARD. chitect of better government. people we serve. Perhaps we are a sort Mr. ROHRABACHER. Above all, "Tip" was champion of the of mirror image of our country. But it Mr. WOLF. Congress as an institution. is our responsibility to strive to im­ (The following Members (at the re­ He resented efforts to disparage this prove ourselves, to serve to the very quest of Mr. DARDEN) and to include ex­ branch of Government. Our present dis­ best of our abilities, to fulfill aims of traneous matter:) tinguished Speaker, Mr. FOLEY, has great Americans like "Tip" O'Neill and Mr. REED in eight instances. stated "You've got a tremendous to implement this administration's Mr. CLAY. disinformation program going about "journey of renewal." Mr. WAXMAN. January 26, 1994 CONGRESSIONAL RECORD-HOUSE 191 Mr. ANDREWS of Texas. H.J. Res. 159. Joint resolution to designate COMMUNICATION FROM THE Mr. FAZIO. the month of November in 1993 and 1994 as CLERK-MESSAGE FROM THE Mr. BONIOR in two instances. "National Hospice Month". SENATE Mr. MURTHA. H.J. Res. 294. Joint resolution to express Mr. STOKES. the appreciation to W. Graham Claytor, Jr., The Clerk received a message from Mr. RICHARDSON. for a lifetime of dedicated and inspired serv­ the Senate after the sine die adjourn­ Mr. COYNE in three instances. ice to the Nation. ment of the 1st session of the 103d Con­ Mr. ROSTENKOWSKI. On November 24, 1993: gress announcing the approval of the Mr. LEWIS of Georgia. H.R. 2330. An act to authorize appropria­ President on the following dates of the tions for fiscal year 1994 for the intelligence bills and joint resolutions of the Sen­ and intelligence-related activities of the ate of the following titles: United States Government, the Community ADJOURNMENT On September 21, 1993: Mr. ROSE. Madam Speaker, I move Management Account, and the Central Intel­ S.J. Res. 50. Joint resolution to designate ligence Agency Retirement and Disability the weeks of September 19, 1993, through that the House do now adjourn. System, and for other purposes. The motion was agreed to. September 25, 1993, and of September 18, 1994, On November 30, 1993: through September 24, 1994, as "National Re­ The SPEAKER pro tempore (Ms. H.R. 1025. An act to provide for a waiting BROWN of Florida). Pursuant to the habilitation Week." . period before the purchase of a handgun, and S.J. Res. 95. Joint resolution to designate provisions of House Concurrent Resolu­ for the establishment of a national instant October 1993 as "National Breast Cancer tion 198 of the 103d Congress, the House criminal background check system to be Awareness Month.'' stands adjourned until 12 noon, Tues­ contacted by firearms dealers before the S.J. Res. 126. Joint resolution designating day, February 1, 1994. transfer of any firearm. September 10, 1993, as "National POW/MIA Thereupon (at 3 o'clock and 51 min­ On December 8, 1993: Recognition Day" and authorizing the dis­ utes p.m.), pursuant to House Concur­ H.R. 486. An act to provide for the addition play of the National League of Families rent Resolution 198, . the House ad­ of the Truman Farm Home to the Harry S. POW/MIA flag. Truman National Historic Site in the State On October 1, 1993: journed until Tuesday, February 1, S. 184. An act to provide for the exchange 1994, at 12 noon. of Missouri. H.R. 1237. An act to establish procedures of certain lands within the State of Utah, for national criminal background checks for and for other purposes. child care providers. On October 6, 1993: BILLS AND JOINT RESOLUTIONS S. 464. An act to redesignate the Pulaski PRESENTED TO THE PRESIDENT H.R. 1944. An act to provide for additional Post Office located at 111 West College AFTER SINE DIE ADJOURNMENT development at War in the Pacific National Street in Pulaski, Tennessee, as the "Ross Historical Park, and for other purposes. Bass Post Office." Mr. ROSE, from the Committee on H.R. 2150. An act to authorize appropria­ House Administration, reported that S. 779. An act to continue the authoriza­ tions for fiscal year 1994 for the United tion of appropriations for the East Court of that committee did on the following States Coast Guard, and for other purposes. the National Museum of Natural History, dates present to the President, for his H.R. 2202. An act to amend the Public and for other purposes. approval, bills and joint resolutions of Health Service Act to revise and extend the S.J. Res. 61. Joint resolution to designate the House of the fallowing titles: program of grants relating to preventive the week of October 3, 1993, through October On November 10, 1993: health measures with respect to breast and 9, 1993, as "Mental Illness Awareness Week." H.R. 3116. An act making appropriations cervical cancer. S.J. Res. 121. Joint resolution to designate for the Department of Defense for the fiscal H.R. 2535. An act to amend title 38, United October 6, 1993 and 1994, as "German-Amer­ year ending September 30, 1994, and for other States Code, to provide additional authority ican Day." purposes. for the Secretary of Veterans Affairs to pro­ On October 8, 1993: H.R. 2520. An act making appropriations vide health care for veterans of the Persian S. 1130. An act to provide for continuing for the Department of the Interior and relat­ Gulf War. authorization of Federal employee leave ed agencies for the fiscal year ending Sep­ H.R. 2840. An act to amend title 17, United transfer and leave bank programs, and for tember 30, 1994, and for other purposes. States Code, to establish copyright arbitra­ other purposes. On November 23, 1993: tion royalty panels to replace the Copyright On October 12, 1993: H.R. 698. An act to protect Lechugui-la Royalty Tribunal, and for other purposes. S. 1381. An act to improve administrative Cave and other resources and values in and services and support provided to the Na­ adjacent to Carlsbad Caverns National Park. H.R. 3000. An act for reform in emerging tional Forest Foundation, and for other pur­ H.R. 898. An act to authorize the Air Force new democracies and support and help for poses. Memorial Foundation to establish a memo­ improved partnership with Russia, Ukraine, S.J. Res. 102. Joint resolution to designate rial in the District of Columbia or its envi­ and other new independent States of the the months of October 1993 and October 1994 rons. former Soviet Union. as "Country Music Month." H.R. 1268. An act to assist development of H.R. 3321. An act to provide increased flexi­ On October 26, 1993: tribal judicial systems, and for other pur­ bility to States in carrying out the Low-In­ S. 1508. An act to amend the definition of poses. come Home Energy Assistance Program. a rural community for eligibility for eco­ H.R. 1425. An act to improve the manage­ H.R. 3514. An act to clarify the regulatory nomic recovery funds, and for other pur­ ment, productivity, and use of Indian agri­ oversight exercised by the Rural Electrifica­ poses. cultural lands and resources. tion Administration with respect to certain On October 27, 1993: H.R. 2632. An act to authorize appropria­ electric borrowers. S.J. Res. 21. Joint resolution designating tions for the Patent and Trademark Office in H.R. 3216. An act to amend the Comprehen­ the week beginning September 18, 1994 as the Department of Commerce for the fiscal sive Drug Abuse Prevention and Control Act "National Historically Black Colleges and year 1994, and for other purposes. of 1970 to control the diversion of certain Universities Week." H.R. 3167. An act to extend the emergency chemicals used in the illicit production of S.J. Res. 92. Joint resolution designating unemployment compensation program, to es­ controlled substances such as methcathinone the month of October 1993 as "National Down tablish a system of worker profiling, and for and methamphetamine, and for other pur­ Syndrome Awareness Month.'' other purposes. poses. On October 28, 1993: H.R. 3318. An act to amend title 5, United S. 1487. An act entitled the "Middle East States Code, to provide for the establishment H.R. 3616. An act to require the Secretary Peace Facilitation Act of 1993." of programs to encourage Federal employees of the Treasury to mint coins in commemo­ On November 1, 1993: to commute by means other than single-oc­ ration of the 250th anniversary of the birth S. 1548. An act to amend the National Wool cupancy motor vehicles. of Thomas Jefferson, Americans who have Act of 1954 to reduce the subsidies that wool H.R. 3378. An act to amend title 18, United been prisoners of war, the Vietnam Veterans and mohair producers receive for the 1994 States Code, with respect to parental kid­ Memorial on the occasion of the 10th anni­ and 1995 marketing years and to eliminate napping, and for other purposes. versary of the Memorial, and the Women in the wool and mohair programs for the 1996 H.R. 3471. An act to authorize the leasing Military Service for America Memorial, and and subsequent marketing years, and for of naval vessels to certain foreign countries. for other purposes. other purposes. H.J. Res. 75. Joint resolution designating H.J. Res. 300. Joint resolution providing for S.J. Res. 78. Joint resolution designating January 16, 1994, as "National Good Teen the convening of the Second Session of the the beach at 53 degrees 53' 51"' N, 166 degrees Day". . One Hundred Third Congress. 34' 15"' W to 53 degrees 53' 48"' N, 166 degrees 34'

79-059 0-97 Vol. 140 (Pt. 1) 7 192 CONGRESSIONAL RECORD-HOUSE January 26, 1994 21 .. W on Hog Island which lies in the North­ S.J . Res. 122. Joint resolution designating BILLS AND JOINT RESOLUTIONS east Bay of Unalaska, Alaska as " Arkansas December 1993 as " National Drunk and APPROVED AFTER SINE DIE AD­ Beach" in commemoration of the 206th regi­ Drugged Driving Prevention Month." JOURNMENT ment of the National Guard, who served dur­ On December 3, 1993: ing the Japanese attack on Dutch Harbor, S. 412 . An act to amend title 49, United The President, subsequent to the sine Unalaska on June 3 and 4, 1942. States Code. relating to procedures for re­ die adjournment of the first session of On November 8, 1993: solving claims involving unfiled, negotiated the 103d Congress, notified the Clerk of S.J. Res. 115. Joint resolution designating transportation rates, and for other purposes. the House that on the following dates November 22, 1993, as "National Military S. 1670. An act to improve hazard mi tiga­ he had approved and signed bills and Families Recognition Day." tion and reloca tion assistance in connection joint resolutions of the House of the On November 11, 1993: with flooding, and for other purposes. following titles: S. 616. An act to amend title 38, United On December 14, 1993: States Code, to provide a cost-of-living ad­ S. 717 . An act to amend the Egg Research On September 21, 1993: justment in the rates of disability compensa­ and Consumer Information Act to modify the H.R. 2010. An act to amend the National tion for veterans with service-connected dis­ provisions governing the rate of assessment, and Community Service Act of 1990 to estab­ abilities and the rates of dependency and in­ to expand the exemption of egg producers lish a Corporation for National Service, en­ demnity compensation for survivors of such from such Act, and for other purposes. hance opportunities for national service, and provide national service educational awards veterans. S. 778. An act to amend the Watermelon On November 17, 1993: to persons participating in such service, and Research and Promotion Act to expand oper­ for other purposes. S. 836. An act to amend the National Trails ation of the Act to the entire United States, System Act to provide for a study of El Ca­ On September 30, 1993: to authorize the revocation of the refund H.J. Res. 267. Joint resolution making con­ mino Real de Tierra Adentro (The Royal provision of the Act, to modify the referen­ Road of the Interior Lands), and for other tinuing appropriations for the fiscal year dum procedures of the Act, and for other 1994, and for other purposes. purposes. purposes. S. 983. An act to amend the National Trails H.R. 2295. An act making appropriations S. 994. An act to authorize the establish­ for foreign operations, export financing, and System Act to direct the Secretary of the In­ ment of a fresh cut flowers and fresh cut terior to study the El Camino Real Para Los related programs for the fiscal year ending greens promotion and consumer information September 30, 1994, and making supplemental Texas for potential addition to the National program for the benefit of the floricultural Trails System, and for other purposes. appropriations for such programs for the fis­ industry and other persons, and for other cal year ending September 30, 1993, and for S.J. Res. 131. Joint resolution designating purposes. the week beginning November 14, 1993, and other purposes. S. 1716. An act to amend the Thomas Jef­ H.R. 3019. An act to amend title 5, United the week beginning November 13, 1994, each ferson Commemoration Commission Act to as " Geography Awareness Week." 'States Code, to provide for a temporary ex­ extend the deadlines for reports. tension and the orderly termination of the S.J. Res. 139. Joint resolution to designate S. 1732. An act to extend arbitration under the third Sunday in November of 1993 as "Na­ performance management and recognition the provisions of chapter 44 of title 28 , Unit­ system, and for other purposes. tional Children's Day." ed States Code, and for other purposes. S.J. Res. 142. Joint resolution designating H.R. 3049. An act to extend the current in­ S. 1764. An act to provide for the extension terim exemption under the Marine Mammal the week beginning November 7, 1993, and of certain authority for the Marshal of the Protection Act for commercial fisheries the week beginning November 6, 1994, each as Supreme Court and the Supreme Court Po­ until April 1, 1994. " National Womens Veterans Recognition On October 1, 1993: Week." lice. S. 1766. An act to amend the Lime Re­ H.J. Res. 220. Joint resolution to designate On November 23, 1993: the month of August as " National S .J. Res. 19. Joint resolution to acknowl­ search, Promotion, and Consumer Informa­ tion Act of 1990 to cover seedless and not Scleroderma Awareness Month", and for edge the lOOth anniversary of the January 17, other purposes. 1893 overthrow of the Kingdom of Hawaii, seeded limes, to increase the exemption level, to delay the initial referendum date, H.R. 168. An act to designate the Federal and to offer an apology to Native Hawaiians building to be constructed between Gay and on behalf of the United States for the over­ and to alter the composition of the Lime Board, and for other purposes. Market Streets and Cumberland and Church throw of the Kingdom of Hawaii. A venues in Knoxville, Tennessee, as the On November 24 , 1993: S . 1769. An act to make a technical amend­ ment, and for other purposes. "Howard H. Baker, Jr. United States Court­ S. 654. An act to amend the Indian Envi­ house". ronmental General Assistance Program Act S.J. Res. 154 . Joint resolution designating January 16, 1994, as "Religious Freedom H.R. 873. An act to provide for the consoli­ of 1992 to extend the authorization of appro­ dation and protection of the Gallatin Range. priations. Day." On December 17, 1993: On October 6, 1993: S. 1490. An act to amend the United States H.R. 20. An act to amend title 5, United Grain Standards Act to extend the authority S. 422 . An act to extend and revise rule­ making authority with respect to govern­ States Code, to restore to Federal civilian of the Federal Grain Inspection Service to employees their right to participate volun­ collect fees to cover administrative and su­ ment securities under the Federal securities laws, and for other purposes. tarily, as private citizens, in the political pervisory costs, to extend the authorization processes of the Nation, to protect such em­ of appropriations for such Act, and to im­ S. 664 . An act making a technical amend­ ployees from improper political solicita­ prove administration of such Act, and for ment of the Clayton Act. tions, and for other purposes. other purposes. S. 714. An act to provide for the remaining H.R. 1513. An act to designate the United S .J. Res. 55. Joint resolution to designate funds needed to assure that the United States courthouse located at 10th and Main the periods commencing on November 28, States fulfills its obligation for the protec­ Streets in Richmond, Virginia, as the "Lewis 1993, and ending on December 4, 1993, and tion of depositors at savings and loan insti­ F. Powell, Jr. United States Courthouse." commencing on November 27, 1994, and end­ tutions, to improve the management of the H.R. 2431. An act to designate the Federal ing on December 3, 1994, as " National Home Resolution Trust Corporation ("RTC" ) in building in Jacksonville, Florida, as the Care Week." order to assure the taxpayers the fairest and " Charles E. Bennett Federal Building." S.J . Res. 129. Joint resolution to authorize most efficient disposition of savings and loan On October 8, 1993: the placement of a memorial cairn in Arling­ assets, to provide for a comprehensive tran­ H.R. 2074. An act to authorize appropria­ ton National Cemetery, Arlington, Virginia, sition plan to assure an orderly transfer of tions for the American Folklife Center for to honor the 270 victims of the terrorist RTC resources to the Federal Deposit Insur­ fiscal years 1994 and 1995. bombing of Pan Am Flight 103. ance Corporation, to abolish the RTC, and H.R. 3051. An act to provide that certain On December 2, 1993: for other purposes. property located in the State of Oklahoma S. 433. An act to authorize and direct the S. 1777. An act to extend the suspended im­ owned by an Indian housing authority for Secretary of the Interior to convey certain plementation of certain requirements of the the purposes of providing low-income hous­ lands in Cameron Parish, Louisiana, and for food stamp program on Indian reservations, ing shall be treated as Federal property other purposes. to suspend certain eligibility requirements under the Act of September 30, 1950 (Public S. 1667. An act to extend authorities under for the participation of retail food stores in Law 874 , 8lst Congress). the Middle East Peace Facilitation Act of the food stamp program, and for other pur­ On October 12, 1993: 1993 by six months. poses. H.R. 38. An act to establish the Jemez Na­ S.J. Res. 75. Joint resolution designating On December 20, 1993: tional Recreation Area in the State of New January 2, 1994, through January 8, 1994, as S. 1507 . An act to make certain technical Mexico, and for other purposes. . "National Law Enforcement Training and conforming amendments to the Higher H.R. 2608. An act to provide for the reau­ Week." Education Act of 1965. thorization of the collection and publication January 26, 1994 CONGRESSIONAL RECORD-HOUSE 193 of quarterly financial statistics by the Sec­ H.R. 2492. An act making appropriations of the Department of Energy, to prescribe retary of Commerce through fiscal year 1998, for the government of the District of Colum­ personnel strengths for such fiscal year for and for other purposes. bia and other activities chargeable in whole the Armed Forces, and for other purposes. On October 18, 1993: or in part against the revenues of said Dis­ H.R. 3341. An act to amend title 38, United H.J. Res. 218. Joint resolution designating trict for the fiscal year ending September 30, States Code, to increase the rate of special October 16, 1993, .and October 16, 1994, each as 1994, and for other purposes. pension payable to persons who have re­ World Food Day. On November 1, 1993: ceived the Congressional Medal of Honor. H.J. Res. 265. Joint resolution to designate H.R. 3123. An act to improve the electric On December 1, 1993: October 19, 1993, as " National Mammography and telephone loan programs carried out H.R. 2650. An act to designate portions of Day." under the Rural Electrification Act of 1936, the Maurice River and its tributaries in the On October 21, 1993: and for other purposes. State of New Jersey as components of the H.J. Res. 281. Joint resolution making fur­ On November 2, 1993: National Wild and Scenic Rivers Systems. ther continuing appropriations for the fiscal H.J. Res. 228. Joint resolution to approve On December 2, 1993: year 1994, and for other purposes. the extension of nondiscriminatory treat­ H.J. Res. 75. Joint resolution designating H.R. 2446. An act making appropriations ment with respect to the products of Roma­ January 16, 1994, as " National Good Teen for military construction for the Department nia. Day". of Defense for the fiscal year ending Septem­ H.R. 328. An act to direct the Secretary of H.J. Res. 294. Joint resolution to express ber 30, 1994, and for other purposes. Agriculture to convey certain lands to the appreciation to W. Graham Claytor, Jr., for H.R. 2493. An act making appropriations town of Taos, New Mexico. a lifetime of dedicated and inspired service for Agriculture, Rural Development, Food On November 8, 1993: to the Nation. and Drug Administration, and Related Agen­ H.J. Res. 205. Joint resolution designating H.R. 698. An act to protect Lechuguilla cies programs for the fiscal year ending Sep­ the week beginning October 31, 1993, as " Na­ Cave and other resources and values in and tember 30, 1994, and for other purposes. tional Health Information Management adjacent to Carlsbad Caverns National Park. H.R . 2518. An act making appropriations Week." H.R. 898. An act to authorize the Air Force for the Departments of Labor, Health and H.R. 927 . An act to designated the Pitts­ Memorial Foundation to establish a memo­ Human Services, and Education, and related burgh Aviary in Pittsburgh, Pennsylvania as rial in the District of Columbia or it envi­ agencies, for the fiscal year ending Septem­ the National Aviary in Pittsburgh. rons. ber 30, 1994, and for other purposes. H.R. 2824. An act to modify the project for H.R. 914. An act to amend the Wild and On October 26, 1993: flood control, James River Basin, Richmond, Scenic Rivers Act to designate certain seg­ H.R. 2685. An act to amend title 5, United Virginia . ments of the Red River in Kentucky as com­ .States Code, to extend the Federal Physi­ On November 11, 1993: ponents of the national wild and scenic riv­ cians Comparability Allowance Act of 1978, H.R. 2520. An act making appropriations ers system, and for other purposes. and for other purposes. for the Department of the Interior and relat­ H.R. 3161. An act to make technical amend­ On October 27, 1993: ed agencies for the fiscal year ending Sep­ ments necessitated by the enactment of the H.J. Res. 111. Joint resolution designating tember 30, 1994, and for other purposes. Older Americans Act Amendments of 1992, October 21, 1993, as " National Biomedical Re­ H.R. 3116. An act making appropriations and for other purposes. search Day." H.R. 3318. An act to amend title 5, United H.R. 2399. An act to provide for the settle­ for the Department of Defense for the fiscal year ending September 30, 1994, and for other States Code, to provide for the establishment ment of land claims of Catawba Tribe of In­ of programs to encourage Federal employees dians in the State of South Carolina and the purposes. On November 16, 1993: to commute by means other than single-oc­ restoration of the Federal trust relationship cupancy motor vehicles. with the Tribe, and for other purposes. H.R. 1308. An act to protect the free exer­ H.R. 3378. An act to amend title 18, United H.R. 2517. An act to enable the Secretary of cise of religion. States Code, with respect to parental kid­ Housing and Urban Development to dem­ On November 17, 1993: napping, and for other purposes. onstrate innovative strategies for assisting H.R. 175. An act to amend title 18, United H.R. 3471. An act to authorize the leasing homeless individuals, to develop the capac­ States Code, to authorize the Federal Bureau of naval vessels to certain foreign countries. ity of community development corporations of Investigation to obtain certain telephone On December 3, 1993: and community housing development organi­ subscriber information. H.R. 1268. An act to assist the development zation to undertake community development H.R. 1345. An act to designate the Federal of tribal judicial systems, and for other pur­ and affordable housing projects and pro­ building located at 280 South First Street in poses. grams, to encourage pension fund invest­ San Jose, California, as the " Robert F . H.R. 1425. An act to improve the manage­ ment in affordable housing, and for other Peckman United States Courthouse and Fed­ ment, productivity, and use of Indian agri­ purposes. eral Building." cultural lands and resources. H.R. 2519. An act making appropriations On November 23, 1993: H.R. 2330. An act to authorize appropria­ for the Departments of Commerce, Justice, H.R. 3225. An act to support the transition tions for fiscal year 1994 for the intelligence and State, the Judiciary, and related agen­ to nonracial democracy in South Africa. and intelligence-related activities of the cies for the fiscal year ending September 30, , On November 24, 1993: United States Government, the Community 1994, and for other purposes. H.J . Res. 79. Joint resolution to authorize Management Account, and the Central Intel­ H.R. 2750. An act making appropriations the President to issue a proclamation des­ ligence Agency Retirement and Disability for the Department of Transportation and ignating the week beginning on November 21 , System, and for other purposes. related agencies for the fiscal year ending 1993, and November 20, 1994 as " National H.R. 2632. An act to authorize appropria­ September 30, 1994, and for other purposes. Family Week". tions for the Patent and Trademark Office in On October 28, 1993: H.J. Res. 159. Joint resolution to designate the Department of Commerce for fiscal year H.R. 2403. An act making appropriations the month of November in 1993 and 1994 as 1994, and for other purposes. for the Treasury Department, the United " National Hospice Month". On December 8, 1993: States Postal Service, the Executive Office H.R. 2677. An act to authorize the Board of H.R. 3450. An act to implement the North of the President, and certain Independent Regents of the Smithsonian Institution to American Free Trade Agreement. Agencies, for the fiscal year ending Septem­ plan, design, and construct the West Court of On December 14, 1993: ber 30, 1994, and for other purposes. the National Museum of Natural History H.J. Res. 272. Joint resolution designating H.R. 2445. An act making appropriations Building. December 15, 1993, as "National Firefighters for energy and water development for the fis­ H.R. 3167. An act to extend the emergency Day." cal year ending September 30, 1994, and for unemployment compensation program, to es­ H.R. 486. An act to provide for the addition other purposes. tablish a system of worker profiling, and for of the Truman Farm Home to the Harry S H.R. 2491. An act making appropriations other purposes. Truman National Historic Site in the State for the Departments of Veterans Affairs and On November 30, 1993: of Missouri. Housing and Urban Development, and for H.R. 1025. An act to provide for a waiting H.R. 2202. An act to amend the Public sundry independent agencies, boards, com­ period before the purchase of a handgun, and Heal th Service Act to revise and extend the missions, corporations, and offices for the for the establishment of a national instant program of grants relating to preventive fiscal year ending September 30, 1994, and for criminal background check system to be health measures with respect to breast and other purposes. contacted by firearms dealers before the cervical cancer. On October 29, 1993: transfer of any firearm. H.R. 3321. An act to provide increased flexi­ H.J. Res. 283. Joint resolution making fur­ H.R. 2401. An act to authorize appropria­ bility to States in carrying out the Low-In­ ther continuing appropriations for the fiscal tions for fiscal year 1994 for military activi­ come Home Energy Assistance Program. year ending September 30, 1994, and for other ties of the Department of Defense, for mili­ H.R. 3616. An act to require the Secretary purposes. tary construction, and for defense activities of the Treasury to mint coins in commemo- 194 CONGRESSIONAL RECORD-HOUSE January 26, 1994 ration of the 250th anniversary of the birth Home Loan Banks and the Financing Cor­ ALLARD, Ms. SCHENK, Mr. STARK, Mr. of Thomas Jefferson, Americans who · have poration, pursuant to Public Law 101-576, TUCKER, Ms. WATERS, Mr. WAXMAN, been prisoners of war, the Vietnam Veterans section 306(a) (104 Stat. 2854); to the Commit­ and Ms. WOOLSEY): Memorial on the occasion of the 10th anni­ tee on Government Operations. H.R. 3735. A bill making emergency supple­ versary of the Memorial, and the Women in 2461. A communication from the President mental appropriations for disaster assistance Military Service for America Memorial, and of the United States, transmitting notifica­ because of the Los Angeles earthquake for for other purposes. tion of his decision that the adjustment of the fiscal year ending September 30, 1994, and On December 17, 1993: the maximum deficit amount, as allowed for other purposes; to the Committee on Ap­ H.R. 1944. An act to provide for additional under section 253(g)(l)(B) of the act (2 U.S.C. propriations. development at War in the Pacific National 903(g)(l)(B), shall be made, pursuant to 2 By Mr. ANDREWS of Texas: Historical Park, and for other purposes. U.S.C. 904(c); to the Committee on Govern­ H.R. 3736. A bill to provide incentives for H.R. 2840. An act to amend title 17, United ment Operations and ordered to be printed. job apprenticeship programs, enhance edu­ States Code, to establish copyright arbitra­ 2462. A letter from the Senior Policy Ad­ cational opportunities, and study the fea­ tion royalty panels to replace the Copyright viser, U.S. Arms Control and Disarmament sibility of consolidating the administration Royalty Tribunal, and for other purposes. Agency, transmitting a report of activities of all Federal dislocated worker programs; H.R. 3000. An act for reform in emerging under the Freedom of Information Act for jointly, to the Committees on Education and new democracies and support and help for calendar year 1993, pursuant to 5 U.S.C. Labor, Ways and Means, and Post Office and improved partnership with Russia, Ukraine, 552(d); to the Committee on Government Op­ Civil Service. and other new independent states of the erations. By Mrs. MINK: former Soviet Union. 2463. A letter from the American Legion, H.R. 3737. A bill to provide supplemental H.R. 3216. An act to amend the Comprehen­ transmitting the proceedings of the 75th Na­ security income benefits to needy children; sive Drug Abuse Prevention and Control Act tional Convention of the American Legion, to the Committee on Ways and Means. of 1970 to control the diversion of certain held in Chicago, IL, on September 7-9, 1993, By Mr. ANDREWS of Texas (for him­ chemicals used in the illicit production of pursuant to 36 U.S.C. 49; to the Committee self, Ms. NORTON, Mrs. MORELLA, and controlled substances such as methcathinone on Veterans' Affairs and ordered to be print­ Mrs. SCHROEDER): and methamphetamine, and for other pur­ ed. H.R. 3738. A bill to promote equitable pay poses. 2464. A letter from the Director, the Office practices and eliminate discrimination with­ H.R. 3514. An act to clarify the regulatory of Management and Budget, transmitting in the civil service; to provide for more equi­ oversight exercised by the Rural Electrifica­ OMB's final sequestration report to the table pay practices within the legislative tion Administration with respect to certain President and Congress for fiscal year 1994, branch; to require the executive branch to electric borrowers. pursuant to Public Law 101-508, section gather and disseminate information regard­ On December 20, 1993: 13101(a) (104 Stat. 1388-587); to the Committee ing, and to promote techniques to eliminate, H.J. Res. 300. Joint resolution providing for on the Whole House on the State of the 'discriminatory wage-setting practices and the convening of the Second Session of the Union and ordered to be printed. discriminatory wage disparities which are One Hundred Third Congress. based on sex, race, or national origin; and for H.R. 1237. An act to establish procedures other purposes; jointly, to the Committees for national criminal background checks for REPORTS OF COMMITTEES ON on Post Office and Civil Service, House Ad­ child care providers. PUBLIC BILLS AND RESOLUTIONS ministration, Ways and Means, and Edu­ H.R. 2150. An act to authorize appropria­ cation and Labor. tions for fiscal year 1994 for the United Under clause 2 of rule XIII, reports of By Mr. ARCHER (for himself, Mr. States Coast Guard, and for other purposes. committees were delivered to the Clerk CRANE, Mr. THOMAS of California, Mr. H.R. 2535. An act to amend title 28, United for printing and reference to the proper SHAW, Mr. SUNDQUIST, Mrs. JOHNSON States Code, to provide additional authority calendar, as follows: of Connecticut, Mr. HOUGHTON, Mr. for the Secretary of Veterans Affairs to pro­ HERGER, Mr. MCCRERY, Mr. HANCOCK, Mr. GONZALEZ: Committee on Banking, Mr. CAMP, and Mr. ZIMMER): vide heal th care for veterans of the Persian Finance and Urban Affairs. H.R. 3191. A bill Gulf War. H.R. 3739. A bill to amend the Internal Rev­ to revise the national flood insurance pro­ enue Code of 1986 to provide all taxpayers gram to promote compliance with require­ with a 50-percent deduction for capital gains, ments for mandatory purchase of flood insur­ to index the basis of certain capital assets, EXECUTIVE COMMUNICATIONS, ance, to provide assistance for mitigation ac­ ETC. and to allow the capital loss deduction for tivities designed to reduce damages to struc­ losses on the sale or exchange of an individ­ Under clause 2 of rule XXIV, execu­ tures subject to flooding and shoreline ero­ ual's principal residence; to the Committee tive communications were taken from sion, and to increase the maximum coverage on Ways and Means. amounts under the program, and for other By Mr. CLAY: the Speaker's table and referred as fol­ purposes, with an amendment (Rept. 103--414). lows: H.R. 3740. A bill to extend and revise the Referred to the Committee of the Whole authority to award endowment grants to 2456. A communication from the President House on the State of the Union. Howard University, and for other purposes; of the United States, transmitting his re­ to the Committee on Education and Labor. quest for emergency fiscal year 1994 supple­ By Mrs. COLLINS of Illinois: mental appropriations for emergency ex­ PUBLIC BILLS AND RESOLUTIONS H.R. 3741. A bill to prohibit rental car com­ penses related to the January 17 earthquake Under clause 5 of rule X and clause 4 panies from imposing liability on renters in Southern California, pursuant to 31 U.S.C. with certain exceptions. to prohibit such 1107 (H. Doc. No. 103--199); to the Committee of rule XXII, public bills and resolu­ tions were introduced and severally re­ companies from selling collision damage on Appropriations and ordered to be printed. waivers in connection with private passenger 2457. A letter from the Comptroller Gen­ ferred as follows: automobile rental agreements of not more eral, General Accounting Office, transmit­ By Mr. GUNDERSON: than 30 days, and for other purposes; to the ting the list of all reports issued or released H.R. 3734. A bill to expand the role of pub­ Committee on Energy and Commerce. in December 1993, pursuant to 31 U.S.C. lic schools to provide community services; to By Mr. FINGERHUT: 719(h); to the Committee on Government Op­ the Committee on Education and Labor. H.R. 3742. A bill to establish a commission erations. By Mr. NATCHER (for himself, Mr. to design a plan for transition from certain 2458. A letter from the Director, Congres­ WHI'ITEN, Mr. SMITH of Iowa, Mr. welfare, job training, and child care pro­ sional Budget Office, transmitting a report STOKES, Mr. BEVILL, Mr. DIXON, Mr. grams to new programs providing temporary on unauthorized appropriations and expiring FAZIO, Mr. HEFNER, Mr. CARR, Mr. financial aid and assistance in locating per­ authorizations by CBO as of January 15, 1994, DURBIN, Mr. LEWIS of California, Ms. manent employment; jointly, to the Com­ pursuant to 2 U.S.C. 602(f)(3); to the Commit­ PELOSI, Mr. TORRES, Mr. PACKARD, mittees on Ways and Means, Agriculture, tee on Government Operations. Mr. EDWARDS of California, Mr. and Education and Labor. 2459. A letter from the Chairman, Federal MOORHEAD, Mr. BECERRA, Mr. BEILEN­ By Mr. FROST: Communications Commission, transmitting SON, Mr. BERMAN, Mr. BROWN of Cali­ H.R. 3743. A bill to provide for payments to the annual report under the Federal Man­ fornia, Mr. CALVERT, Mr. DELLUMS, individuals who were the subjects of radi­ agers' Financial Integrity Act for fiscal year Mr. DREIER, Ms. ESHOO, Mr. FARR, ation experiments conducted by the Federal 1993, pursuant to 31 U.S.C. 3512(c)(3); to the Mr. FILNER, Mr. GALLEGLY, Mr. HAM­ Government to the Committee on the Judici- Committee on Government Operations. BURG, Ms. HARMAN, Mr. HORN, Mr. ary. 2460. A letter from the Chairman, Federal KIM, Mr. LANTOS, Mr. MARTINEZ, Mr. By Mr. HYDE (for himself, Mr. GILMAN, Housing Finance Board, transmitting the MATSUI, Mr. MCKEON, Mr. MILLER of Mr. SPENCE, Mr. COMBEST, Ms. 1992 management reports of the 12 Federal California, Mr. MINETA, Ms. ROYBAL- SNOWE, AND Mr. ROGERS): January 26, 1994 CONGRESSIONAL RECORD-HOUSE 195 H.R. 3744. A bill to amend the United Na­ ed States to repeal the 25th amendment to H.R. 1687: Ms. LAMBERT and Mr. CLYBURN. tions Participation Act of 1945 to facilitate the Constitution; to the Committee on the H.R. 1719: Mr. BLUTE. coordination between the executive and leg­ Judiciary. H.R. 1878: Mr. SLATTERY, Mr. KLINK, Mr. islative branches of Government regarding By Mr. ANDREWS of New Jersey (for RAVENEL, Mr. HOLDEN, Mr. PAXON, Mrs. MEY­ United States participation in, or the use of himself and Mr. MONTGOMERY): ERS of Kansas, Mr. GINGRICH, and Mr. United States funds for, United Nations H.J. Res. 308. Joint resolution providing for SPRATT. peacekeeping activities; jointly, to the Com­ the display of the flag at half-mast on Gov­ H.R. 1900: Mr. ABERCROMBIE, Mr. mittee on Foreign Affairs, Armed Services, ernment buildings on the 7th of December of F ALEOMA VAEGA, and Mrs. MEEK. and Intelligence (Permanent Select). each year in honor and remembrance of the H.R. 2088: Mr. SAWYER and Mr. ROSE. By Mr. JEFFERSON (for himself and members of the Armed Forces who served at H.R. 2147: Mr. WAXMAN, Mr. YATES, Mr. Mr. FIELDS of Louisiana): Pearl Harbor on December 7, 1941; to the SANDERS, Mr. OBERSTAR, and Mr. LIPINSKI. H.R. 3745. A bill to authorize the Secretary Committee on the Judiciary. H.R. 2171: Mr. DEAL, Mr. GINGRICH, and Ms. of Health and Human Services to award a By Mr. HILLIARD: FURSE. grant for the establishment of the National H.J. Res. 309. Joint resolution designating H.R. 2287: Mrs. MALONEY. Center for Sickle Cell Disease Research, and April 29, 1994, as "Davey Allison Remem­ H.R. 2292: Mr. MCCLOSKEY. for other purposes; to the Committee on En­ brance Day"; to the Committee on Post Of­ H.R. 2434: Mr. LEWIS of California, Mr. ergy and Commerce. fice and Civil Service. GREENWOOD, Mr. CRANE, and Mr. CALVERT. By Mr. KLEIN: By Mr. McDERMOTT: H.R. 2443: Mr. JOHNSON of Georgia, Mr. H.R. 3746. A bill to authorize the Director H. Res. 332. Resolution providing amounts KINGSTON, Mr. MCMILLAN, Mr. MINETA, Mr. of the Bureau of Justice Assistance to ap­ prove local programs that exchange mer­ from the contingent fund of the House for ex­ BROWN of California, Mr. COBLE, Mr. SCHAE­ chandise vouchers for firearms and make penses of investigations and studies by the FER, Mr. MANZULLO, Mr. BARTLETT of Mary­ grants to the programs, to amend title 18, Committee on Standards of Official Conduct land, Mr. BARCA of Wisconsin, Mrs. CLAYTON, United States Code, to provide amnesty for in the second session of the 103d Congress; to Mr. GOODLATTE, Mr. BARCIA of Michigan, Mr. individuals who surrender firearms under the the Committee on House Administration. PETERSON of Minnesota, Mrs. KENNELLY, Mr. programs, and to amend the Internal Reve­ EVERETT, Mr. FORD of Tennessee, Mr. WISE, nue Code of 1986 to allow tax deductions for Mr. FRANI(S of New Jersey, Mr. BROWDER, taxpayers who donate merchandise vouchers PRIVATE BILLS AND Mr. BALLENGER, Mr. GALLO, Mr. MINGE, Mr. for use in the programs; jointly, to the Com­ RESOLUTIONS INGLIS of South Carolina, Mr. SPENCE, Mr. GINGRICH, Mr. MURTHA, Mr. TAYLOR of Mis­ mittees on the Judiciary and Ways and Under clause 1 of rule XXII, Means. s1ss1ppi, Mr. COLLINS of Georgia, Mr. By Mr. KREIDLER (for himself and Mr. Mr. MURPHY introduced a bill (H.R. 3753) POSHARD, Mr. WOLF, Mr. OBERSTAR, Mr. DICKS): for the relief of Thomas R. Dahlberg; to the STUMP, Mr. WASHINGTON, and Mr. SHAYS. H.R. 3747. A bill to permit marine port au­ Committee on the Judiciary. H.R. 2467: Mr. ANDREWS of Maine, Mr. BE­ thorities to establish guidelines for the ship­ VILL, Mr. BLUTE, Mr. CRAMER, Mr. FILNER, ment of certain materials in a manner that Mr. HAYES, Ms. LONG, Mr. MCHUGH, Mr. protects the public health and safety and the ADDITIONAL SPONSORS MACHTLEY, Mr. MANN, Mr. MATSUI, Mr. environment; jointly, to the Committees on Under clause 4 of rule XXII, sponsors MOORHEAD, Mr. NEAL of Massachusetts, Ms. Public Works and Transportation, Merchant PRYCE of Ohio, Mr. SANDERS, Mr. SHAYS, Mr. Marine and Fisheries, Energy and Com­ were added to public bills and resolu­ SKAGGS, and Mr. WILLIAMS. merce, and Education and Labor. tions as follows: H.R. 2586: Mr. QUINN, Mr. BEVILL, Mr. By Mr. LEACH: H.R. 93: Mr. YOUNG of Florida, Mr. KING, MCDADE, Mr. CARDIN, and Mr. TANNER. H.R. 3748. A bill to provide an enhanced and Mr. MCHALE. H.R. 2602: Ms. BYRNE. framework for Federal financial institution H.R. 245: Mr. FRANKS of New Jersey. H.R. 2664: Ms. SNOWE. regulation of derivatives activities; jointly, H.R. 323: Mr. MENENDEZ. H.R. 2727: Ms. WOOLSEY, Ms. ROYBAL-AL­ to the Committees on Banking, Finance and H.R. 358: Mr. ENGEL. LARD, Mr. RICHARDSON, and Mr. MARTINEZ. Urban Affairs, Energy and Commerce, and H.R. 359: Mr. PAXON. H.R. 2866: Mr. SCOTT, Ms. LAMBERT, and Agriculture. H.R. 417: Mr. DARDEN, Mr. KLECZKA, Mr. Mr. SHAYS. By Mr. LEVIN: BACHUS of Alabama, Mr. HOBSON, Mr. BAR­ H.R. 2918: Mr. SABO and Mr. BOUCHER. H.R. 3749. A bill to extend the authorities LOW, Mr. PICKETT, Mr. MCCOLLUM, Mr. BOEH­ H.R. 2969: Mr. FISH, Mr. GILMAN, Mr. of the Fair Trade in Auto Parts Act of 1988; LERT, and Mr. POSHARD. ENGEL, Mr. LAZIO, and Mr. MENENDEZ. jointly, to the Committees on Foreign Af­ H.R. 502: Mr. HOYER, Mr. POMBO, and Mr. H.R. 2971: Mrs. UNSOELD and Mr. TAYLOR of fairs, Ways and Means, and Energy and Com­ MCINNIS. North Carolina. merce. H.R. 544: Mr. MCDERMOTT and Ms. H.R. 2985: Mr. KREIDLER, Mr. WYDEN, Mr. By Ms. NORTON: MARGOLIES-MEZVINSKY. SANDERS, and Mrs. UNSOELD. H.R. 3750. A bill to provide for nuclear dis­ H.R. 763: Mr. ZIMMER. H.R. 3021: Mr. ANDREWS of New Jersey. armament and economic conversion in ac­ H.R. 963: Mr. COLLINS of Georgia. H.R. 3062: Mr. DELAY. cordance with District of Columbia Initia­ H.R. 1055: Mr. APPLEGATE and Mr. SOLO­ H.R. 3097: Ms. WOOLSEY and Mr. SANDERS. tive Measure No. 37 of 1993; jointly, to the MON. H.R. 3138: Mr. FINGERHUT and Mr. NADLER. Cammi ttees on Foreign Affairs and Armed H.R. 1122: Mr. PAXON, Mr. LAZIO, and Mr. H.R. 3232: Ms. DANNER. Services. BARTLETT of Maryland. H.R. 3248: Mr. KLECZKA. By Mr. TORRICELLI: H.R. 3751. A bill to establish a Meat, Poul­ H.R. 1123: Mr. PAXON and Mr. BARTLETT of H.R. 3251: Mr. BOEHNER, Mr. JOHNSON of try. and Eggs Inspection Agency to admin­ Maryland. South Dakota, and Mr. WALSH. ister the Federal Meat Inspection Act, the H.R. 1124: Mr. BARTLETT of Maryland. H.R. 3293: Mr. RAVENEL and Mr. PALLONE. Poultry Products Inspection Act, and the H.R. 1126: Mr. WHEAT, Mr. BATEMAN, Mr. H.R. 3301: Ms. FURSE, Mr. HOAGLAND, and Egg Products Inspection Act, to expand the KINGSTON. and Mr. BARTLETT of Maryland. Mr. MILLER of California. application of these acts, to provide for the H.R. 1127: Mr. BARTLETT of Maryland. H.R. 3302: Mr. HORN, Mr. SHAYS, Mr. FROST, establishment of safe cooking standards for H.R. 1128: Mr. PAXON Mr. CRAPO, and Mr. Mr. LEVY, and Mr. STUMP. meat and poultry products, and to improve BARTLETT of Maryland. H.R. 3314: Mr. RANGEL and Mrs. MEEK. scientific research and understanding of H.R. 1129: Mr. BARTLETT of Maryland. H.R. 3328: Mr. LIPINSKI. foodborne illnesses; jointly, to the Commit­ H.R. 1130: Mr. BARTLETT of Maryland. H.R. 3363: Mr. POMEROY, Ms. BYRNE, Mr. tees on Agriculture and Energy and Com­ H.R. 1161: Mr. QUINN. CASTLE, Mr. CALLAHAN, and Mr. LIPINSKI. merce. H.R. 1181: Mr. BEREUTER, Mr. HUTCIIlNSON, H.R. 3372: Mr. SLATTERY, Mr. STOKES, Mr. By Mr. VOLKMER: Ms. LAMBERT, Mr. WILSON, Ms. WOOLSEY, Mr. SHARP, Mrs. CLAYTON, and Mr. CANADY. H.R. 3752. A bill to amend section EMERSON, and Mr. CRAMER. H.R. 3397: Ms. SCHENK, Mr. DE LA GARZA, 410(b)(l)(A) of the Controlled Substances Act, H.R. 1309: Mr. MYERS of Indiana, Mr. DOO­ Mr. NADLER, Mr. DEUTSCH, Ms. SLAUGHTER, to provide a mandatory term of life impris­ LITTLE, Mr. SCHIFF, and Mr. SHAYS. and Mr. UPTON. on'ment without release, probation, parole, H.R. 1438: Mr. HORN. H.R. 3424: Mr. GORDON, Ms. WOOLSEY, and or suspension of sentencing for drug felons H.R. 1464: Ms. BYRNE, Mr. CLAY, Ms. ESHOO, Mr. LANCASTER. and violent criminals convicted a third time; Mrs. LLOYD, and Mr. MATSUI. H.R. 3435: Mr. HOAGLAND, Mr. EVANS, Mr. jointly, to the Committees on the Judiciary H.R. 1505: Mr. POMBO and Mr. BARTLETT of MILLER of California, Mrs. MINK, Mrs. and Energy and Commerce. Maryland. SCHROEDER, and Ms. VELAZQUEZ. By Mr. GONZALEZ: H.R. 1620: Mr. BARTLETT of Maryland and H.R. 3449: Mr. GINGRICH, Mr. ZIMMER, and H.J. Res. 307. Joint resolution proposing an Mr. MCINNIS. Mr. PACKARD. amendment to the Constitution of the Unit- H.R. 1622: Mr. LAZIO. H.R. 3468: Mrs. MORELLA. 196 CONGRESSIONAL RECORD-HOUSE January 26, 1994 H.R. 3495: Mr. NADLER, Mr. MARTINEZ, and KYL, Mr. GEJDENSON , Mr. PICKETT, Ms. H. Res. 288: Mr. Goss. Mr. DORNAN. SLAUGHTER, Mr. HASTINGS, Ms. KAPTUR, Mr. H. Res. 323: Mr. GEJDENSON, Mr. HASTINGS, H.R. 3546: Mr. BROWDER, Mr. LIPINSKI, Mr. STUPAK, Mr. McMILLAN, Mr. FAZIO, Mr. Mr. YATES, Mr. KING, Mr. SAXTON, Mrs. KLEIN, and Mr. DURBIN. BOEHLERT, Mr. SISISKY, Mr. BREWSTER, Mr. MALONEY, Mr. OWENS, Mr. SANDERS, Mr. H.R. 3584: Mr. BAKER of California, Mr. SWIFT, Mr. LEWIS of Georgia, Mr. SYNAR, Mr. KOPETSKI, Mr. WAXMAN, Mr. ABERCROMBIE, BOEHNER, Mr. HERGER, Mr. SCHIFF, Mr. STEN­ DICKEY, Mr. BROWDER, Mr. VALENTINE, Mr. Mr. ANDREWS of New Jersey, Mrs. MINK, Mr. HOLM, Mr. TORKILDSEN, Ms. WOOLSEY, Mr. HAMILTON, Mr. GREENWOOD, Mr. KANJORSKI, SPRATT, Mr. MCNULTY, Mr. ENGEL, Ms. MONTGOMERY, Mr. OXLEY, Mr. SOLOMON, Mr. Mr. TAYLOR of North Carolina, Mr. UPTON , MARGOLIES-MEZVINSKY, Mr. SCHIFF, Mr. TEJEDA, Mr. DELAY, Mr. CARR, Mr. DARDEN, Mr. QUINN, Mr. WHITTEN, Mr. TANNER, Mr. MCCLOSKEY, Mr. HUGHES, Ms. MOLINARI, Ms. Mr. EMERSON , Mr. PETERSON of Minnesota, MOAKLEY , Mr. FRANK of Massachusetts, Mr. SCHENK, Mr. HOYER, and Mr. HORN. Mr. CONDIT, Mr. HAYES, Mr. TAUZIN, Mr. JACOBS, Mr. RICHARDSON , Mr. HAYES, Mr. ROWLAND, Mr. BILBRAY, and Mr. LAROCCO. PRICE of North Carolina, Mr. GILMAN , Mr. H.R. 3600: Mr. CARR, and Mr. SWETT. ROGERS, and Mr. EDWARDS of Texas. H.R. 3629: Mr. HOEKSTRA, Mr. GOODLING, H.J. Res. 266: Mr. MANTON . DISCHARGE PETITIONS Mr. KIM, Mr. ENGEL, and Mr. DOOLITTLE. H. Con. Res. 127: Mr. WELDON , Mr. TRAFI­ Under clause 3, rule XXVII, the fol­ H.R. 3645: Mr. LEWIS of California, Mr. CANT, Mr. DUNCAN, Mr. CLINGER, Mr. BACHUS GREENWOOD , Mr. CRANE, and Mr. CALVERT. of Alabama, Ms. KAPTUR, and Mr. APPLE­ lowing discharge petition was filed: H.R. 3666: Mr. CRAMER, and Mr. LEWIS of GATE. Petition 11, January 26, 1994, by Mr. Georgia. H. Con. Res. 148: Mr. SAM JOHNSON. RAMSTAD on House Resolution 247 has been H.R. 3706: Mr. BERMAN, Mr. FLAKE, Mr. H. Con. Res. 152: Mr. WAXMAN and Mr. signed by the following Members: Jim LEWIS of Georgia, Mr. MCDERMOTT, Mr. SANDERS. Ramstad and Porter J . Goss. OWENS, Mr. PAYNE of New Jersey, Ms. H. Con. Res. 173: Mr. ANDREWS of New Jer­ PELOSI, Mr. STARK, and Mr. WAXMAN. sey, Mr. KREIDLER, Mr. PETE GEREN of Texas, H.R. 3727: Mrs. ROUKEMA , Mr. ROTH, Mr. Mr. SLATTERY, Mr. DELLUMS, Mr. MANTON, BACHUS of Alabama, Mr. DREIER, Mr. SMITH Mr. BREWSTER, Mr. JACOBS, Mr. GREENWOOD, DISCHARGE PETITIONS­ of Michigan, Mr. SOLOMON, Mr. CASTLE, Mr. Mr. EMERSON, Mr. HOEKSTRA, Mr. UPTON, Mr. ADDITIONS OR DELECTIONS MCCOLLUM, Mr. ACKERMAN, and Mr. LINDER. TRAFICANT, and Mr. HALL of Ohio. The following Members added their H.J. Res. 103: Ms. HARMAN, Mrs. ROUKEMA, H. Con. Res. 179: Mr. VISCLOSKY and Mr. and Mr. COMBEST. SOLOMON. names to the following discharge peti­ H.J. Res. 199: Mr. COMBEST, Ms. DUNN, Mr. H. Con. Res. 185: Mr. BEVILL. tions: MYERS of Indiana, Mr. CALVERT, Mr. DORNAN, H. Res. 117: Mr. BROWN of Ohio and Mr. Petition 4 by Mr. HOEKSTRA on House Mr. MAZZOLI, Mr. HUNTER, Mr. HYDE, Mr. KA­ BARTLETT of Maryland. Resolution 9: Wayne T. Gilchrist. SICH, Mr. WILLIAMS, Mr. KIM, Mr. LEWIS of H. Res. 127: Mr. SMITH of New Jersey. Petition 10 by Mr. MCCOLLUM on House California, Mr. ANDREWS of New Jersey, Mr. H. Res. 234: Mrs. BENTLEY, Mr. MARKEY, Resolution 295: Dave Camp and Bob Living­ LEWIS of Florida, Mr. CAMP, Mr. STUMP, Mr. Mr. WATT, and Mr. PETERSON of Minnesota. ston.