18438 EXTENSIONS OF REMARKS July 9, 1992 EXTENSIONS OF REMARKS PAYROLL TAX DEPOSITS AND 20th and a hearing is scheduled for August paragraph {c)(1) of this section, A is subject SMALL BUSINESS: IRS SIM 3rd. I will be filing a more complete, formal to the Monthly rule for the entire first quar PLIFICATION SYSTEM MISSES statement by the due date and will also ask ter of 1993 regardless of the amounts accu THE MARK to appear at the hearing. mulated, unless the amounts trigger the My purpose in writing today, however, is $100,000 One-Day rule in paragraph (c)(3) of to express my immediate disappointment this section." HON. ANDY IRELAND with your agency's proposal. My initial re And please note that this is the agency's OF FLORIDA view of the recommended changes suggests idea of an example aimed at clarifying how they do not simplify the payroll tax deposit the proposal works. IN THE HOUSE OF REPRESENTATIVES system to any great advantage and do not As I suggested, these are only a few, initial Thursday, July 9, 1992 help as many small businesses as they observations about the proposal. As you Mr. IRELAND. Mr. Speaker, as our col should. probably gather, I'm not very enthusiastic Let me digress for a moment, first, to note about the scope or style of the changes, and leagues are no doubt aware, on May 18, the that I am flabbergasted that a proposal tout frankly, I'm not very optimistic about what Internal Revenue Service issued a proposed ed as helping small business would declare else might turn up under closer scrutiny. rule to help untangle its wholly unintelligible that the Regulatory Flexibility Act, the Ad Still, let me hasten to note that. if my payroll tax deposit system. In doing so, the ministrative Procedure Act, and a Regu quick interpretation of the changes is not agency claimed a great victory in the battle latory Impact Analysis do not apply. accurate, I hope you will not hesitate to cor against Government redtape. As to the latter, to suggest, as the IRS rect me. does, that the proposal does not constitute a If, however, my understanding is basically I rise today to inform-and warn-the on target, I hope your agency will use the House that these triumphant assertions greatly "major rule" when it affects hundreds of millions of payroll tax dollars truly defies public comments and the hearing to the ad overstate the case. reason: If this proposal is not a "major vantage of small enterprises, and will move My initial studies of the proposal reveal only rule", I really have to wonder what the IRS quickly to create a clear, simple, under a small victory in the making: A system based thinks a "major rule" is? standable payroll tax deposit system that on absolute chaos may be replaced by one Further, your agency's determination that will truly help small businesses help Amer notable for its mere complexity. the Regulatory Flexibility Act does not ica. Mr. Speaker, I applaud the IRS for its effort, apply, either, takes us back to the rather I have taken the liberty of enclosing an ar tiresome argument over the scope of the Act ticle that appeared in the Washington Post but I am discouraged and disappointed that ten years ago and which described in painful the opportunity for true reform, for the creation and whether the IRS is covered by it. Very simply, the Act covers regulations affecting detail the mind-boggling complexity of our of a system that is simple and fair, may be small businesses; your proposal very specifi payroll tax system. From my conversations lost among all the hyperbolic statements and cally affects small businesses; so it would with small businessmen and women through self-congratulation. logically follow that the Regulatory Flexi out the country, it seems clear that we have For this reason, I would like to insert in the bility Act applies to the agency's rec made little or no progress over the last dec CONGRESSIONAL RECORD my recent letter to ommendations. If you could explain why the ade. I hope we seize the opportunity to Commissioner Peterson which outlines my IRS doesn't follow that straightforward change the system the right way now before logic, I would appreciate it. another decade passes. concerns about the proposal. I hope ·our col Thank you for your time and consider leagues read it with their hometown busi As to the proposal itself, my crude calcula tions indicate businesses-and this is an out ation. nesses in mind. side figure-employing seven workers or less, Sincerely, At the same time, Mr. Speaker, I also en and this estimate applies only if everyone ANDY IRELAND. courage our colleagues to read the proposal makes $20,000 per year, including the busi itself as it appears in the May 18 Federal Reg ness owner. In real life, the proposed ceiling [From the Washington Post, Nov. 13, 1983] ister. If they agree with my assessment-that of $12,000 in quarterly payroll tax deposits 15 FORMS TO HIRE A DOMESTIC? the changes do not simplify the payroll tax de may grant relief only to the very smallest (By Spencer Rich) posit system and do not help as many small enterprises, probably just those employing God help you if you ever hire a domestic businesses as they shoul~then I urge them two to three workers. employee such as a housekeeper or maid for As such, the scope of the revisions is rather any length of time. You will be snowed under to write the Commissioner and ask for real re contracted, denying the monthly deposit op form. by a blizzard of federal and state paperwork. tion to as many as two million, perhaps Can't somebody unite all this stuff into a Mr. Speaker, small enterprises, the great job three million, small businesses that employ single form and make it easy for people to creators, producers, and innovators of our 10 or fewer workers. It seems to me that our obey the law? country, are suffocating under piles of Govern purpose here should be to help as many small In the State of New York, for example, ment redtape, from coast to coast, border to enterprises as possible, thus allowing them where I've had some recent experience help border. We can pipe some oxygen to them by to direct their time and capital into job cre ing an elderly aunt with her accounts, 12 fed helping the IRS develop a truly simple, work ation and production, rather than figuring eral or state forms must be sent in to dif able tax deposit system. I hope our colleagues out and filling out IRS forms. ferent agencies during the year if during the Finally, if it is only the very smallest en year you employ a nurse's aide or house will join in this campaign on behalf of Ameri terprises the IRS is seeking to help-however keeper for any time. ca's small businesses. misguided that may be-we should note that If a domestic workers works for you for a HOUSE OF REPRESENTATIVES, these businesses typically can't afford to few months, earns a certain amount, then COMMITTEE ON SMALL BUSINESS, hire accountants and tax attorneys. As such, quits and you hire another one, the number Washington, DC, July 8, 1992. the proposed revisions should be as simple of required filings jumps to 15, and it can rise Hon. SHIRLEY D. PETERSON, and understandable as humanly possible. higher if this happens several times a year Commissioner, Internal Revenue Service, Wash From my reading of the proposal, however, and this doesn't count the task of obtaining ington, DC. it seems to me that these small business initial employer ID numbers from the federal DEAR Ms. PETERSON: As you know, on May owners won't be able to understand the revi and state governments. 18th your agency announced that it was sim sions and requirements by themselves. In My aunt was ill and needed help around plifying its federal employment tax deposit fact, I'm not altogether sure I understand the house and with her medicines, so she em rules with the laudable goal of easing the such statements as this: "Because the em ployed a succession of women as domestic regulatory burden imposed on small busi ployment taxes accumulated by A during workers. nesses. each quarter in the base period do not exceed For several quarters her total outlays to As part of that announcement, the IRS $12,000, A is a monthly depositor pursuant to pay all the workers averaged about $2,400 a states that formal comments are due by July paragraph (b)(2) of this section. Pursuant to quarter. She was too ill and old to under-
• This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. July 9, 1992 EXTENSIONS OF REMARKS 18439 stand the forms or to know what to do. Let The individual could send that amount with Ubya is now feeling the effects of recently ters from the Internal Revenue Service and the form, perhaps to the IRS as lead agency, imposed U.N. Security Council sanctions de New York Department of Labor piled up de which could send the forms and money elec signed to compel him to surrender two Libyan manding payment of taxes. tronically to other federal and state agen terrorists accused in the bombing of Pan Am When I arranged to help with her forms, cies. this is what the IRS and New York State of It is taken for granted among those who 103. Those sanctions may now be tightened. ficials told me: work for the Social Security Administration Rather than surrender the two suspects, Qa Under New York law, if you employ a do that many who employ domestic workers dhafi is engaging in an elaborate dance de mestic worker, you must obtain a worker's don't pay Social Security tax and submit signed to gain him time in his dispute with the compensation policy so that if the worker is records. It's probably a safe bet that many international body. injured on the job, medical and other bills don't buy worker's compensation for their While Qadhafi lives in luxury, the average may be taken care of. It took several phone employees or pay unemployment insurance Libyan is beginning to pay a high price for his calls and a filled-out form with a check be tax. leader's mismanagement of the country's do fore the policy could be purchased from the Sometimes the employer wants to cheat mestic and international policies. Qadhafi and avoid the cost; sometimes the employee insurance agency designated by the state. claims that Libya should be run by the people, The state also imposes unemployment in is evading federal income taxes and doesn't surance tax on people who hire domestic want the government to find out he or she is but chaos is rampant as people's committees workers for at least $500 a quarter, and you earning anything, so the boss agrees not to attempt to undertake the challenging task of must send in form 1A5D with a check four send in the forms. managing a country. Some products are dif times a year after sending in an initial form But in a lot of cases, it's pretty certain the ficult to find, and many basic services are un to get an employer identification number. employer just finds the whole burden just available. The Internal Revenue Service takes its too much. The Libyan people know that both their bite too. You must obtain a federal employer The result isn't just a bit of tax cheating. leader and their country are increasingly sub ID number and four times a year file IRS Some of the lowest-paid workers in society jects of international derision. Even the Arab may end up being cheated out of their full form 942, summarizing how much you have world does not take Qadhafi seriously. If the paid employees, how much federal income Social Security benefits when they reach re tax you have withheld and how much Social tirement age, or out of unemployment insur Libyan leader does not soon mend his ways, Security tax is owed, then send a check. This ance or worker's compensation. his people may decide that he should be re brings federal and state filings to nine, not So anything that makes it easier to file turned to the desert to while away his remain counting the ID applications. these forms-such as the creation of some ing years in a remote oasis. At the end of the year, you must send each central master form that could cut the pa I commend the following New York Times employee a W-2 form, showing how much So perwork-would not only help the govern article concerning Libya and Qadhafi to my cial Security tax and federal tax were with ment on taxes, but make it easier to give colleagues in the Congress. held. You must also send IRS a copy of that these low-paid workers the Social Security LIBYAN DoUBTS ABOUT QADDAFI ARE GROWING and unemployment insurance protection W-2. Your annual filings are now up to 11. (By Chris Hedges) The IRS also requires unemployment in they need. surance payments and forms to cover the TRIPOLI, LIBYA.-The United Nations sanc portion of the overall federal-state UI tax tions that went into effect against Libya last that goes to the federal government. Once a THE LIBYAN PEOPLE ARE TffiED April are turning out to be more than a sym year you must file a form 940, stating how OF QADHAFI'S FOLLIES bolic gesture. While they have not yet ac much you paid in wages and calculating how complished their purpose of compelling much tax you were required to pay and en Libya to turn over two suspects wanted in closing the check. Normally, unemployment HON. WM. S. BROOMF1ELD the 1988 bombing of a Pan Am jumbo jet over taxes for workers in businesses are paid OF MICHIGAN Lockerbie, Scotland, they have been politi quarterly, but the tax for anyone employing cally damaging to the mercurial Libyan IN THE HOUSE OF REPRESENTATIVES leader, Col. Muammar el-Qaddafi. one domestic worker at a time is normally The Libyan military is struggling with se so low the IRS lets you make one yearly Thursday, July 9, 1992 payment. rious shortages. Many Libyans openly call Mr. BROOMFIELD. Mr. Speaker, the Libyan for Colonel Qaddafi's removal and the offi That makes, with one employee during the masses are growing weary of Qadhafi's follies. cial information media now admit that the year, 12 filings, not counting the initial ID They have paid a high price for his failed do Arab solidarity that was the cornerstone of applications. mestic and international policies and are be Colonel Qaddafi's foreign policy was "a mi If you have two or more workers, a W-3 ginning to think that anyone could do a better rage." form must be sent annually to the Social Se The sanctions have succeeded in banning curity Administration summarizing the W-2 job of ruling Libya than the mad colonel. Since coming to power, Qadhafi has en flights in and out of Libya and in prohibiting information so that Social Security can the sale of military equipment. They have credit each person with Social Security cov gaged in military adventures against some of also brought a reduction in the diplomatic erage. his neighbors, Tunisia and Chad, and even staff Libya maintains abroad. Western dip I submit that is heavy paperwork for hav briefly clashed with Egypt. He has assas lomats say the departure of 1,700 Russian ad ing household employees, and particularly sinated opponents of his regime overseas and visers and technicians has devastated the difficult for an older person. made Libya a home for international terrorists, military's infrastructure, rendering the air The picture is much the same if you live in defense system ineffective while much of the District of Columbia, Maryland or Vir including Abu Nidal and Abu Abbas. His intel ligence services destroyed Pan Am 103 and a Libya's hardware rests idle. ginia, according to officials from those One result is that the littered streets and states. All three require unemployment French airliner, killing nearly 500 innocent back alleys in Tripoli, where young men taxes be paid quarterly if you employ a people in those two mindless terrorist oper once shied away from foreigners because household worker for substantial amounts of ations. Tripoli's role in backing this lawless they feared the pervasive security apparatus, time on a regular basis. international violence has earned Libya a spot are seething with open resentment. Officials from Maryland and the District on the Export Administration Act's official list If Colonel Qaddafi were to turn the sus said worker's compensation insurance is also of states supporting terrorism. pects over, a subsequent lifting of the embar required, in Maryland if the pay is $250 a In a tasteless show of resentment toward go might permit him to halt the deteriora . quarter, in the District if the employee the U.S. Government in 1979, Qadhafi or tion of his popular support. But Arab and works at least 240 hours a quarter (about 19 Western diplomats say the extradition of the hours a week). In Virginia, worker's com dered a group of Libyans to burn the Amer two men is unacceptable to his security ap pensation insurance is not required for a ican Embassy in Tripoli, a compound he was paratus-the organization that has held him household employee. obliged to protect under international law. He in power for 23 years. Even a paperwork innocent could figure ordered the attack to display his solidarity with These diplomats also believe that if Libya out a single form that could give most state the new Iranian Government of the late Aya was involved in an operation of the mag and federal agencies the information and tollah Khomeini. Qadhafi later promised to re nitude of the Lockerbie bombing, it could records they need. join the family of nations by moderating his not have been carried out without Colonel All it would need would be the amount Qaddafi's approval. "Colonel Qaddafi has no paid the person each quarter, how much was policies, but promptly turned around and pur desire to see two of his intelligence agents deducted for Social Security and income sued his own radical agenda. Even Libya's describe the inner workings of his regime to taxes. A separate section of the same form friends are embarrassed by his bizarre poli the West and directly tie him to state terror could include state and federal tables for UI. cies. ism," one Arab ambassador said. 18440 EXTENSIONS OF REMARKS July 9, 1992 The Libyan leader appears to be hoping to work. "He has been weakened," said an Arab In an effort to relieve some of these feder bargain his way out of his predicament; he ambassador, "but if he can maintain the sta ally mandated financial burdens, I am intro has been trying to meet the sanctions re tus quo, he might survive." quirements half-way by giving the West ducing the Small Business Regulatory Cost some satisfaction in hopes it will drop its de Relief Act of 1992. This legislation will provide mand for the two men. "The Libyans know A TRIBUTE TO THE NORTHERN tax relief for small businesses forced to com little about how the outside world works," a LIVINGSTON COUNTY RED CROSS ply with Federal regulations. senior diplomat said, "and so they are vainly trying to work out a compromise." My legislation is modeled after the disabled The United Nations, in addition to the ex HON. LOUISE M. SLAUGHTER access credit, included in the Americans With tradition of the two suspects, has called on OF NEW YORK Disabilities Act [ADA] but is applicable to all Libya to end support for international ter IN THE HOUSE OF REPRESENTATIVES rorism and assist in the investigation into Federal regulations, not just those expenses the bombing of a French airliner over Africa Thursday, July 9, 1992 incurred to provide access to persons with dis in 1989. The two bombings killed 441 people. Ms. SLAUGHTER. Mr. Speaker, it is my abilities. In response, Libyan officials have turned honor today to pay special tribute to the North When Congress passed the ADA, it realized over information about the Irish Republican ern Livingston County Chapter of the Amer that mandating Army, for which they provided training and ican Red Cross on its 75th anniversary. such regulations would impose funds, to British officials. They have ex The greater part of the work of the Amer a costly burden on business and would result pelled the Palestinian terrorists Abu Nidal in lost jobs and hamper economic growth. and Abul Abbas, and have closed several Pal ican Red Cross is carried on and financed by estinian training camps. dedicated local chapters with the assistance Small businesses, which do not have the re The Libyans are hoping that these actions and support of the national organization. sources to comply with the expense of regula will at least stave off the imposition of stiff Today there are over 3,000 local Red Cross tions imposed by the Federal Government, er sanctions when the United Nations re chapters throughout the United States. would have been hit the hardest. views the measures in August. Founded during World War I, on July 9, Congress provided the disabled access Diplomats say this tactic may work; a sen 1917, the Northern Livingston County chapter ior Egyptian official who travels frequently has continued, over more than seven dec credit to help businesses comply with the new to Libya said that if Colonel Qadhafi can ades, to assist the public through a variety of regulations mandated by the ADA. While this avoid further sanctions he will probably re has provided some assistance, many small tain power. The Egyptians believe that de services. Through disaster assistance, com spite the erosion of Colonel Qadhafi's grip on munity blood drives, first aid programs, service businesses still suffer from the burden of com the country he does not yet have any serious to the military and their families, water safety pliance. rivals. programs, nursing and health services, and Congress routinely imposes laws on small When Libyan officials are questioned about educational activities for young people, the business yet fails to provide relief for the cost the extradition demand, they appear to be Northern Livingston County Chapter of the stalling for time. In a letter sent last month of compliance, with adverse effects on busi Red Cross has made significant contributions to the United Nations Secretary General, nesses, jobs and ultimately, consumers, who to the quality of life in upstate New York and Boutros Boutros-Ghali, Foreign Minister have the costs passed onto them. According Ibrahim M. al-Bishari promised that the Lib has become an integral part of the community yan parliament would "take an appropriate in Livingston County. to the Rochester Institute of Technology, Fed stand regarding the matter as soon as pos More than 300 active volunteers in the eral regulations cost each household in the sible." But the 631-member body, which met Northern Livingston County chapter have com United States between $4,000 and $5,000 an for 10 days that ended last Tuesday, skirted mitted themselves to providing comfort, food, nually. the issue for most of the meeting. And at the lodging, and clothing to families whose homes My legislation would allow small businesses conclusion, it reiterated the standard Libyan were destroyed by fire or other disaster. demand that the two suspects be turned over a nonrefundable tax credit equal to 50 percent to the Arab League or the United Nations, These dedicated volunteers recently undertook another worthy project to help the families of of verifiable compliance expenses over $25o rather than the United States or Britain. the same as the disabled access credit. How Similar offers were rejected before the sanc U.S. Service men and women locate relatives tions went into place. on active duty who had become isolated from ever, my legislation is not limited to the first A CATALYST FOR ANGER contact. $1 0,250 of expenses. My legislation is applica Within Libya, the sanctions have become a I proudly salute the work of these caring in ble for all Federal regulations which became catalyst for popular outrage. After two dec dividuals on the 75th anniversary of their orga final 5 years before the enactment of this leg ades in which efforts to follow bizarre eco nization and, on behalf of the people I rep islation. In addition, the eligibility of small busi nomic and political theories have left many resent in Livingston County, I thank them for nesses to take advantage of the credit is ex Libyans without basic services such as water their service to the community. or garbage collection, even some Libyan offi panded by having small businesses defined by cials admit that they are in trouble. the Small Business Act rather than the more The problems are evident in one of Colonel INTRODUCTION OF THE SMALL limited definition used by the ADA. Qadhafi's most lavish schemes, a $25 billion effort called "the Great Man Made River BUSINESS REGULATORY COST We in Congress must do more for job cre Project." After spending $6 billion to chan RELIEF ACT OF 1992 ation. Small businesses produced 39 percent nel water from aquifers to reservoirs built of the gross national product and employed 58 for the project, the Libyans have discovered HON. JIM UGHfFOOT percent of the work force in 1991. In 1990, that the desert heat is evaporating the OF IOWA stored water. Many Libyans, watching as small businesses accounted for 90 percent of planners scramble to build roofs over the res IN THE HOUSE OF REPRESENTATIVES nonagricultural, net private job growth. Con ervoirs, have begun calling it " the Great Thursday, July 9, 1992 gress and Federal agencies seem to forget Mad Man River Project." Mr. LIGHTFOOT. Mr. Speaker, how many this when mandating new regulations on small Such feelings do not sit well with the older bureaucrats who dominated the recent ses times have Members of Congress heard their business. sion of the parliament. Most spent much of constituents complain about expensive Fed The Small Business Regulatory Cost Relief the nationally televised debate attacking eral regulations placed on their small busi Act of 1992 will help small businesses reduce the younger generation for advocating nesses-raising their overhead costs, resulting their costs of complying with Federal regula change. But younger delegates, while mak in higher consumer prices and inhibiting ex tions. By making compliance more affordable, ing sure never to attack Colonel Qadhafi by pansion? name, complained of shortages in everything Congress and Federal agencies enact doz small businesses will be able to implement from school desks to electricity. ens of new laws and regulations which affect Federal regulations faster, easier, and more While the sanctions have eroded Colonel extensively. We all want a cleaner and safer Qadhafi's hold on power, his decision to hold small businesses every year. Making a small onto the suspects while trying to give the business viable is difficult enough without hav environment, but it can and should be West enough to keep the United Nations ing to contend with the burden of expensive achieved without suffocating small businesses. from imposing tougher measures might just Federal regulations. My legislation will help us achieve both goals. July 9, 1992 EXTENSIONS OF REMARKS 18441 INTRODUCTION OF THE OYSTER The advisory committee would be com without regard to any earnings. Those under DISEASE RESEARCH ASSISTANCE posed of nine members with representatives age 70 are eligible for full benefits only if their ACT from each of the regions that has experienced earnings are lower than the amount they are oyster disease problems and would be re allowed to earn, $1 0,200 this year. The HON.C. THO~McMlllEN sponsible for providing information and advice amounts allowed without benefit reduction are OF MARYLAND to the EPA in designing and implementing this indexed and increase annually by the rate of IN THE HOUSE OF REPRESENTATIVES new program. Members would serve for 2- average wage growth in the economy. In year terms and would not be paid. 1992, the annual exempt amount for retirees Thursday, July 9, 1992 Perhaps most importantly, this legislation and other beneficiaries age 65 to 69 is Mr. McMILLEN of Maryland. Mr. Speaker, I would provide for coordination among all Fed $10,200 and it is projected to reach $12,600 rise today to introduce legislation to establish eral agencies including: the Department of the by 1996. Individuals with higher earnings will a Federal program that will provide financial Interior, the National Institutes of Health, the have their benefits reduced by $1 for every $3 assistance for research relating to oyster dis Food and Drug Administration, the National of earnings above the exempt amount. eases. Science Foundation, and the National Ocean PROPOSED IMPROVEMENTS ographic and Atmospheric Administration. In As many of my colleagues know, oyster dis First, my bill would increase the amount of addition, all information concerning oyster dis eases have devastated the oyster stocks of earnings exempt from reduction and modify ease gathered through this program would be this Nation. In the Chesapeake Bay, which the rate of benefit reduction for earnings once provided almost half of this country's shared with other research entities and inter above the exempt amount for individuals age ested individuals thereby ensuring full dissemi oysters, current harvests are at a historical 65 to 69. The age 65 to 69 exempt amounts low. It is estimated that 90 percent of the nation of information. Mr. Speaker, this legislation will be a seri would be increased to $11,760 in 1993, Chesapeake Bay's oyster beds are infected. $13,800 in 1994, $16,680 in 1995, $20,760 in However, this problem is not isolated to the ous step in addressing the problem of oyster disease. In Maryland, nearly four centuries of 1996 and $24,120 in 1997. The proposed bay; the Gulf of Mexico, the Carolina coast, 1997 level would be almost double that pro and the west coast have also been ravaged waterman have harvested oysters. It is a way jected under present law. Following 1997, an by the diseases MSX, Derma, and SSO. The of life for these individuals. But equally impor tant, oysters are an important segment of the nual indexing of the exempt amounts would situation has worsened over the past 5 years, resume. highlighting how very little is known about oys Maryland economy and are vital to the health Second, starting in 1993 the rate of benefit ter disease. The national scope of this prob and preservation of the Chesapeake Bay. reduction for the first $5,000 of earnings lem demands increased Federal assistance Other States, I know, are in an identical situa tion. The situation is beyond crisis, there is no above the exempt amount would be lowered and improved coordination between the nu to $1 of benefits for every $4 of earnings. The merous Federal agencies that work to protect time to spare. It is time for the Federal Gov ernment to end its half-hearted efforts and present law rate is $1 for every $3 of earnings oysters and the Nation's water resources. and would continue to apply to earnings above Most people recognize the economic benefit make a real commitment to achieving $5,000. oysters provide. Oysters mean jobs, especially progress in the area of oyster disease re in areas such as the Eastern Shore of Mary search. I look forward to working with my col FINANCING land. However, what is sometimes overlooked leagues on this legislation. To protect the fiscal integrity of the Social is the fact that oysters are also of vital impor Security trust fund, my bill pays for the costs of relaxing the earning test by gradually rais tance to the environment as well. Oysters sup RELAXING THE EARNINGS TEST port many marine organisms and filter pollut ing the contribution and benefit base subject ants from the water. Researchers have esti to Social Security taxes. The base establishes mated that at the turn of the century the oyster HON. PETER HOAGLAND the amount of annual wages or self-employ population of the Chesapeake Bay filtered the OF NEBRASKA ment income subject to the Social Security entire volume of the bay every 3 to 6 days. By IN THE HOUSE OF REPRESENTATIVES payroll tax. Increasing the contribution and contrast, it is estimated that the current oyster Thursday, July 9, 1992 benefit base has a progressive effect, affecting population takes nearly a year to complete this Mr. HOAGLAND. Mr. Speaker, I am intro only those individuals with earned incomes function. It is quite possible, if not probable, ducing a bill today to reduce significantly the next year of over $55,500. that the decline in oysters has significantly burden of the Social Security earnings test on FAIRNESS AND EQUITY contributed to the decline in water quality of those individuals who choose to work after The earnings test we have today is not de the bay. age 65. signed to meet the real needs of retirees now To date, Federal action to address this The primary purpose of the Social Security or in the future. We must update the law. The problem has been limited. Some research has Program since its origin has been to provide percent of retirees with private pensions has been conducted and Federal resources have income protection to workers over age 65 who been slowly declining since 1980. The rate of been allocated to assist in the construction of have retired. To target benefits to the retired savings declined by half during the 1980's and oyster reefs. While this is a worthy effort, little elderly, the program since its origin has in is now at rock bottom, barely 3 percent of benefit is gained by continuing to repopulate cluded an earnings test to determine whether household disposable income. In order to our waters only to feed the diseases which a person is retired. The earnings test is a pro maintain their standard of living-or even to plague them. The reality is we know very little vision of the Social Security law that reduces meet their basic needs-some current retirees about the diseases afflicting oysters; the life the amount paid to senior citizens who con must work to supplement their income from cycle of the diseases and how they are spread tinue to work after they begin to claim retire Social Security benefits and from other remains a mystery. Other questions remain as ment benefits. Today, when a person earns sources. Many more may need to do so in well, about the ability to make oyster disease over the exempt amount-$1 0,200 for 1992- times to come. Thus, we need to allow Social resistent, as some have claimed of the Japa benefits are reduced by $1 for every $3 of Security beneficiaries to earn more to maintain nese oyster. earnings. their standard of living, to pay the expenses The legislation I am introducing today would The objective of my bill is to reduce the bur they face today. It is time to bring this law up create a comprehensive, coordinated Federal den of the earnings test on those senior citi to date. effort to conduct research on oyster diseases~ zens who choose to remain working. It would But there is more to it than financial need. The legislation would require the Administrator increase the amount of money Social Security Our society has come to recognize that .work of the Environmental Protection Agency [EPA] recipients are allowed to earn without a cut in at some level is vital if we are to maintain our to establish and administer, in consultation their benefits. By 1997, the bill would enable health and sense of well-being. And its a two with an advisory committee, an oyster disease an individual to earn more than twice the way street. Many senior citizens are able and research program that will provide grants to el $10,200 he or she can earn this year without willing to work today. And many businesses igible institutions to support research in this any reduction in benefits. would like to hold on to their most experienced area. The Administrator would also be man CURRENT LAW and competent older workers. Our economy dated to identify those diseases that should be Under current law, Social Security bene all of us-benefit from having the experience made a priority for research. ficiaries age 70 and older receive full benefits and skills of older workers in the work force. 18442 EXTENSIONS OF REMARKS July 9, 1992 The elderly can be used to train future work investment as well as boost productivity. And given the necessary tools. The legislation I've ers, while bringing in more tax dollars and since our most fierce international competi outlined here on the floor today provides those helping to keep America competitive. Yet to tors-including Japan and Germany-impose tools. I urge my colleagues to join me in this day's earnings test is a serious work disincen no or only nominal capital gains taxes, a re effort to secure a positive economic future for tive for many seniors and penalizes most of duction will further improve our international our children, and a better today for our Nation. those who want to or need to continue some competitiveness, and provide an incentive to form of meaningful employment. keep jobs here at home. I believe the changes in the test that I have Another key to sustained economic growth B'NAI JACOB MARKS 100 YEARS proposed in this bill are ones that are nec and competitiveness is education. To help essary to meet the very real needs of today's make education more affordable, my package HON. RICHARD E. NEAL and tomorrow's Social Security retirees-and restores the income tax deduction for interest OF MASSACHUSE'ITS ones that will benefit society as a whole. on student loans, and creates education sav IN THE HOUSE OF REPRESENTATIVES ings accounts. Similar to IRA's, these are tax Thursday, July 9, 1992 free education savings accounts that will help ECONOMIC GROWTH ACT OF 1992 families save to meet the expenses of higher Mr. NEAL of Massachusetts. Mr. Speaker, I education. take this opportunity to recognize the 1OOth HON. E. niOMAS COLEMAN Americans should be able to plan for their year anniversary of Congregation B'nai Jacob OF MISSOURI futures over the long term. My proposal in of Longmeadow, MA. One of the oldest Jew IN THE HOUSE OF REPRESENTATIVES cludes reinstating full deductibility for individual ish congregations in the Springfield area, B'nai retirement account contributions, and offers Jacob was formed when a small group of men Thursday, July 9,1992 penalty free withdrawals for education ex separated from the Agudass Achem early in Mr. COLEMAN of Missouri. Mr. Speaker, as penses, for the first-time purchase of a home, 1891 to form their own congregation. This I have visited with north Missourians over the and for medical emergencies. congregation has evolved into one of the most past few months, they have made clear their Neither should Americans have to worry respected and hard-working organizations in foremost concerns: good jobs, good wages, about the security of their pensions; thus, I am the Springfield area. lower taxes, and a growing economy. Today, cosponsoring legislation to help the Federal Although the founding of the congregation in response to their comments and the need program which guarantees company pension was marked with uncertainty, the founders to get the country working and growing at an plans remain solvent. were determined to press through the tough acceptable, and sustainable, pace, I am intro Furthermore, I believe older Americans who times and produce a caring and dedicated ducing the Economic Growth Act of 1992. This want to work should be able to do so, and my congregation. The tenuous inception of B'nai measure, coupled with other legislation I have plan includes specific language repealing the Jacob was interrupted in 1920 when the con introduced and am cosponsoring, provides a unfair and discriminatory Social Security earn gregation erected its own synagogue on Con comprehensive blueprint for recovery and sus ings test. This limitation requires that seniors gress Street in Springfield. Until 1920, B'nai tained economic growth. give up $1 in Social Security benefits for every Jacob had met in several different private As the recession worsened, one of the most $3 they earn over the arbitrary income limit of buildings in the neighborhood. The congrega important actions by Congress was the exten $1 0,200. If the test were eliminated, an esti tion originally met in a small room above sion of unemployment benefits for those un mated 700,000 seniors could enter the work member Benjamin Rosenstein's clothing store able to find work. I continue to support efforts force, generating some 15 billion dollars' worth on Worthington and Water Streets-Columbus to provide extensions for those whose benefits of goods and services, and paying an addi Avenue. Although the congregation was bur have expired. However, simply providing un tional $4.5 billion in taxes. dened with difficulties, they were able to inten employment compensation to those seeking The Federal Government, like families, indi sify their commitment to the temple and to jobs is clearly only a treatment for jobless viduals, and businesses across America, must each other in order to establish a very pious ness, not the solution. live within its means. The huge Federal deficit and supportive congregation. The solution is to create jobs-and good destroys economic growth and results in lost Mr. Speaker, in 1962, the congregation jobs at good wages require business and in job opportunities. The majority of you join me faced another important crossroad: The syna dustrial expansion. Research and investment in that belief, and recently voted accordingly. gogue and most of the other buildings in the are two of the keys to economic growth in to Although we were stifled by a minority of the Jewish neighborhood were being torn down as day's competitive global environment. My eco Members of this body, I have introduced addi part of a federally funded urban renewal nomic revival plan will stimulate research and tional legislation calling for a constitutional project. The congregation remained commit investment through a permanent extension of amendment to mandate a balanced Federal ted, and by 1964 they had built a new syna the research tax credit, and a restoration of budget, and to provide for the systematic re gogue on Eunice Drive in Longmeadow. This the investment tax credit. Extending the re payment of the accumulated national debt. I new synagogue is where they are presently search tax credit could free up an estimated have also introduced legislation providing the worshiping. $7.8 billion through 1997, and restoring the in President with a power enjoyed by Governors Currently, the conservative temple is serving vestment tax credit could return $30 to $40 bil across the Nation-the line-item veto power. over 250 families. The youth director provides lion to the economy per year. High Federal taxes limit the ability of wage a steady list of educational opportunities and The real estate and construction industries earners and families to plan for their futures, social activities for the young folks of the con continue to be economic bellwethers. Assisting and to survive today. Lower taxes mean more gregation. From classroom study to trips to the first-time home buyers into the housing market dollars returned to the economy as ~avings, ball park, the children of B'nai Jacob have al will not only make the dream of home owner investment, or spending. In addition to the ways participated in activities with the other ship a reality for millions of Americans, it will changes in the Tax Code I've already dis members of the congregation. In addition, the directly stimulate jobs in the real estate and cussed, I am proposing, as part of my growth older members have excellent opportunities to construction industries, and in related fields as package, that the dependent deduction for participate in the social functions of B'nai well. My growth proposal calls for a $10,000, children under the age of 18 be increased by Jacob. dollar-for-dollar tax credit for the purchase of a $500. I am also cosponsoring legislation to Mr. Speaker, the congregation is celebrating new home by first-time home buyers. make the income tax deduction for the health its centennial anniversary with a 3-month ex Economic growth will be further encouraged insurance costs of the self-employed perma hibit through September 6 at the Connecticut through a straightforward reduction in the cap nent, and phasing in an increase in the allow Valley Historical Museum. The exhibit features ital gains tax rate. About half of all Americans able deduction, so that it hits 100 percent in a wide array of both religious and ornamental report capital gains during their lifetime, and 1994. And I continue to believe that Congress artifacts that chronicle the congregation's his nearly 65 percent of all those who reported should enact no new taxes of any kind. tory from its earliest meetings in the 1890's to capital gains in 1990 had incomes of under American business and industry can create the original temple and its current location. $50,000. Cutting the gains tax rate will directly the jobs we need to turn our economy around Religious objects on display include the old benefit farmers, seniors, small business own and set us once again on the road to sus Torah, the handwritten scrolls of the five ers and families, and will unleash job-creating tained economic growth, but only if they are books of Moses, and the silver crowns from July 9, 1992 EXTENSIONS OF REMARKS 18443 the 1920's and 1930's which fit on the Torahs. In order to compete in the global market beyond repair, our economy will flounder, and The 1920 cornerstone is also in the museum. place of the 1990's we must make similar in more middle-income Americans will be out of It was picked up in 1963 from the demolition vestments. Unfortunately, our antiquated sys jobs. America cannot be a prosperous and of the temple on Congress Street by Sadie tem of financing infrastructure falls far short of productive country without this investment. Norkin, who is now one of the oldest members providing the resources needed for invest Mr. Speaker, I hope my colleagues will join of the congregation at 96. The people who ment. me in this effort to rebuild our country for the comprise the congregation of B'nai Jacob all To begin with, not all of the resources in the American worker and family. enjoy their connection to the temple with great transportation trust funds are being spent on pride. infrastructure. Working Americans who pay The preservation of their heritage and the taxes every day at the gasoline pumps are not COMMENDING DR. LLOYD D. sacred relics of the church are very important getting the investment they paid for. KONYHA, PRESIDENTIAL RANK to the congregation. They have an intense Simply put, the trust in the trust 'funds is AWARD WINNER pride of their history and their future. Recently, being violated. Because of deficit reduction a time capsule marking their 100-year anniver pressures, it appears unlikely that any of the HON. MICHAEL BIURAKIS sary was lowered into the ground and not to 5-cent gasoline tax authorized by the Budget OF FLORIDA be disturbed until the year 2042. The contents Agreement of 1990 will ever be used for high IN THE HOUSE OF REPRESENTATIVES ways and transit. Half of that tax is already of the time capsule included prayer books, Thursday, July 9, 1992 yarmulkes, pictures of people and events that being used for deficit reduction, and the other have taken place at the synagogue, a book of half may never be appropriated for infrastruc Mr. BILIRAKIS. Mr. Speaker, I want to take sentiments, advice, and best wishes. Mr. ture. this opportunity to call attention to the vital and Speaker, this congregation has expended their In addition, our Federal Government is not dedicated work of Dr. Lloyd D. Konyha, south time and energy to give the future generations using the proven, innovative means of capital eastern regional director for Veterinary Serv a sense of our history which is their history. financing needed to maximize the amount of ices, in the Animal and Plant Health Inspection They deserve to be recognized for their tre resources spent on infrastructure. By limiting Service of the U.S. Department of Agriculture. mendous efforts in building and maintaining a annual infrastructure expenditures to the an Recently Dr. Konyha, who lives in Land 0' temple that has the truly noble characteristics nual amount of revenue from the gasoline tax, Lakes, FL, was named a 1992 Presidential to commitment and to hard work. we cannot rebuild America. However, by Rank Award winner. The Presidential Rank leveraging trust fund revenue into a larger in Award is designed to recognize Federal career vestment, we will be able to meet the needs members of the Senior Executive Service INTRODUCTION OF THE INFRA of our infrastructure and our economy. whose performance for at least 3 years merits STRUCTURE REINVESTMENT The Infrastructure Reinvestment and Eco the favorable attention of the President of the AND ECONOMIC REVITALIZATION nomic Revitalization Act of 1992 will revolu United States. ACT OF 1992 tionize the way we finance public works Dr. Konyha received the rank of meritorious projects by moving beyond today's infrastruc executive in recognition of his contribution to HON. ROBERT A. BORSKI ture financing system. It will create a new in the protection, maintenance and improvement OF PENNSYLVANIA frastructure reinvestment fund [IRF] which will of the health of this country's food and animal IN THE HOUSE OF REPRESENTATIVES be kept completely separate from other trust populations. Of particular note has been his funds and from the unified Federal budget. success in reducing the incidence of brucel Thursday, July 9, 1992 The IRF will issue Treasury bonds in order to losis in the Southeastern United States. Mr. BORSKI. Mr. Speaker, today I will be in finance a one-time, massive nationwide invest Mr. Speaker, Dr. Konyha is directly respon troducing the Infrastructure Reinvestment and ment in infrastructure construction and revital sible for preventing the introduction of foreign Economic Revitalization Act of 1992. This leg ization. animal diseases into this country, for actively islation will rebuild our roads and bridges, spur The bonds will generate an estimated $50 working with the poultry industry on disease economic growth, increase productivity, and billion for new spending on infrastructure and surveillance and prevention in an area of very put thousands of Americans back to work. will be spent and apportioned proportionately heavy poultry production and for maintaining a In the last few decades, our investment in on the programs authorized by the lntermodal harmonious working relationship with livestock infrastructure has declined dramatically. At its Surface Transportation Efficiency Act producers and producer groups to enhance peak in the late 1960's, U.S. investment in in [ISTEA]-roughly $40 billion for highway pro American agriculture. frastructure neared 2.4 percent of the gross grams and $10 billion for mass transit. This Dr. Konyha, a native of Michigan, earned a national product [GNP]. However, by the money will provide jobs for the thousands of doctor of veterinary medicine degree from 1980's, investment had plunged to less than middle-income Americans who are eagerly Michigan State University in 1960. He began 0.3 percent of the GNP. looking for work. his career with the U.S. Department of Agri Not surprisingly, the standard of living of In order to finance this new spending, my culture in 1963 as a field veterinarian in Michi working American families has simultaneously bill will recapture the 5-cent gasoline tax au gan. He was transferred to Ohio in 1965 as a declined. Since 1980, Americans have seen thorized by the Budget Agreement of 1990 field veterinarian where he conducted re prices increase, wages decrease, and their and dedicate it solely for the purpose of cap search on equine tuberculosis and earned a savings disappear. italizing and servicing the debt on the bonds master's degree in microbiology at Ohio State Furthermore, our disinvestment in infrastruc from the IRF. University. In 1970, he transferred to Wiscon ture has strangled our ability to create the Under this proposal, revenue collected from sin as the assistant area veterinarian in economic growth needed to end the current a gasoline tax . will, for the first time, be lever charge. recession. Without a substantial influx of new aged in order to finance massive capital in In 1972, Dr. Konyha became the staff tuber capital, our infrastructure will continue to vestment. A 5-cent gasoline tax generates culosis epidemiologist at the Animal and Plant decay, our economy will continue to stagnate, roughly $5 billion in revenue. My bill will lever Health Inspections Service in Hyattsville, MD. and Americans' standard of living will continue age that $5 billion to generate 50 billion dol During this period he aggressively promoted a to decline. lars' worth of bonds for spending on infrastruc campaign to increase the epidemiologic trac Our trading partners are certainly aware of ture. ing of infected herds or lesioned animals and the inherent link between infrastructure and As our trading partners have demonstrated, brought the bovine tuberculosis incidence economic productivity. For example, Japan is investment in infrastructure is money well down to the lowest point in the program's his investing $3.5 trillion in the next 15 years to spent. For every $1 we invest in infrastructure, tory. Dr. Konyha developed the comparative rebuild its roads, bridges, and airports. Co our economy gets a $1 0 return. Furthermore, cervical tuberculin test that is now used na incidently, Japan's productivity rates continue every $1 billion in investment will create tionwide to differentiate between bovine, avian to exceed our Nation's rates. Even Taiwan 48,000 jobs. and other nonspecific tuberculin reactions. a nation only a fraction of the size of the Unit We can no longer afford to wait to rebuild From 1979 through 1980, Dr. Konyha was a ed States-is embarking on a 6-year, $300 bil America. We must begin today. If we wait any staff veterinarian in the plant protection and lion investment program. longer, our infrastructure will continue to decay quarantine staff in Hyattsville, where he acted 18444 EXTENSIONS OF REMARKS July 9, 1992 as a regional staff veterinarian and had re Unfortunately, citizens pursuing their cases HAIL "COLUMBIA" sponsibility for setting policy for inspecting im in the courts have found that the Federal Gov ported products and passenger baggage at ernment can escape any liability for violating HON. NANCY L JOHNSON U.S. ports of entry. From 1980 through 1984, its own health and safety standards by exer OF CONNECTICUT Dr. Konyha was the area veterinarian in cising a technical legal defense. By invoking IN THE HOUSE OF REPRESENTATIVES charge of Oklahoma. In 1984 he became the the defense of discretionary function provided assistant regional director in the northern re under section 2680(a), title 28, United States Thursday, July 9, 1992 gion and regional director for the southeast re Code, the Federal Government effectively is Mrs. JOHNSON of Connecticut. Mr. Speak gion in 1986. able to escape liability. er, our Nation's manned space flight program When Dr. Konyha began as regional direc Numerous challenges have been turned reaffirmed itself again as the space shuttle Co tor in the southeast region, many severely bru aside by the courts. In many cases, the courts lumbia landed this morning at Cape Canaveral cellosis infected states were in this region. On have acknowledged explicitly that the Federal after a historic and robust 14-day mission that January 1, 1988, there were 1,028 infected Government had been negligent and was re broke the previous shuttle duration record by herds in the region and 866 of those were in sponsible, in whole or in part, for injuries and more than 2 days. Florida. By October 1, 1988, all class C bru deaths resulting from accidents in the work The refitted space shuttle Columbia is cellosis States or areas had to demonstrate place or from the exposure to hazardous ma NASA's first extended duration orbiter. It in significant improvement in reducing incidence terials. Nevertheless, the courts have routinely cludes equipment and fuel for extra energy of infection. denied redress-not on the merits of the production, additional nitrogen tanks for cabin Under Dr. Konyha's leadership, a task force cases, but based on the Federal claim of im air, and a regeneration system to remove car was formed consisting of Federal, State and munity grounded in discretionary function. bon dioxide-equipment that eventually may industry representatives to devise a plan to Mr. Speaker, the discretionary function im permit shuttle missions up to 30 days long. improve the status of the area. Today there munity was provided to the Federal Govern Columbicts regenerating carbon dioxide re are only 243 infected herds in the region-a ment by Congress as part of the Federal Tort moval system, I might add, performed admira decrease of 76 percent. The task force was Claims Act of 1946. Essentially, this defense bly during the mission. It's a system that al recognized for its fine work, receiving a U.S. was incorporated into the FTCA to immunize lows the shuttle to carry less expendables into Department of Agriculture Group Superior the Federal Government against suit by citi orbit, a system that's a stepping stone to the Service Award. zens for decisions made by high level officials advanced regeneration systems that will make Mr. Speaker, Dr. Konyha deserves our grati in the course of conducting public policy. An space station Freedom a reality. A system that tude and praise. He exemplifies a special kind objective review of the record reveals the clar was produced with great pride by the fine peo of commitment to the public good which we ity of congressional intent. Congress intended ple of Hamilton Standard in Windsor Locks, need to recognize and nurture. His service to that this protection would allow principal Gov CT. our Nation cannot be overstated and I am ernment policymakers to conduct an effective The great success of STS-50 was that it al proud to call attention to his remarkable career public policy without fear of being sued for the lowed for an extended, round-the-clock inves achievements today. ramifications of policy judgment. tigation of the effects of weightlessness on For over 45 years, the Federal Government plants, humans, and materials. In 31 experi A BILL TO ADVANCE WORKPLACE has expanded the application of the discre ments over those 13 days-ranging from the SAFETY tionary function defense beyond what was ini manufacture of crystals for possible semi tially intended by Congress. The erosion of the conductor use to the behavior of weightless right of a citizen to seek redress through the fluids-the mission compiled information that HON. WIWS D. GRADISON, JR. courts for injuries incurred as a result of Fed will be invaluable in helping the United States OF OHIO eral negligence must end. I can envision no maintain world leadership in microgravity re IN THE HOUSE OF REPRESENTATIVES reasonable situation in which it is deemed to search and development. Thursday, July 9, 1992 be effective public policy for the Federal Gov The success of the Columbia mission and Mr. GRADISON. Mr. Speaker, I rise today to ernment to permit unsafe, unhealthy, and haz the Endeavour mission in May of this year that introduce legislation designed to correct a seri ardous working conditions in the workplaces it included the dramatic rescue, repair, and re ous inequity in the Federal Tort Claims Act. owns, operates, or controls. deploy of an lntelsat telecommunications sat Current law protects the Federal Government Private individuals and concerns, in similar ellite, typifies what this country can do with a against suit by citizens pursuing damages due cases of negligence, have been found liable strong space industry. to Federal negligence of its own health or and ordered to compensate plaintiffs. Litiga I urge my colleagues to remember these re safety standards. tion, or the threat of litigation, is a deterrent. cent triumphs-and to look to the future's con In recent years, there has been consider The public, and particularly citizens who have tinued success in the manner space arena able controversy and litigation concerning the been wronged by the Federal Government, through the space station Freedom program role of the Federal Government in the unnec should insist on a similar check on the power when the NASA appropriations bill comes be essary exposure of citizens to risks associated of the Government. fore us later this month. with a number of health and safety hazards. In This legislation would make it possible for Space station Freedom is the stepping a number of cases, there exists considerable citizens who are injured as a result of the Fed stone to our future in manned space explo documentation which suggests that the Fed eral Government's violation of its own occupa ration. Let's not discount the benefits we've re eral Government behaved in a negligent man tional health and safety standards, or by its ceived and the pride we've felt from a 3D-year ner and was often lax in its enforcement of negligence in workplaces under its control or history of space triumphs. At the same time, Federal health and safety standards in work supervision, to seek to recover damages for let's not turn our back on the enormous poten places it owned, operated, or controlled. This those injuries. tials yet to be discovered. is particularly true in cases of unnecessary ex I want to stress that this legislation makes posure to asbestos. no judgment about the merits of any case that For example, in those cases involving expo may be pending before the courts. It merely TRIBUTE TO THE BRAZOSWOOD sure to asbestos, it has been documented re asks that the Federal Government be required BUCCANEERS peatedly that the Federal Government violated to prove its case on the merits rather than hid its own health and safety standards at the ing behind the law. If the Government did not HON. GREG LAUGHUN time of the Second World War, and that it act with negligence, I am certain that the OF TEXAS failed to warn, or provide protection for, work courts will recognize that fact. However, if the IN THE HOUSE OF REPRESENTATIVES ers in Government and contract shipyards. Government did act in a negligent fashion, it Thursday, July 9, 1992 The courts have found that Government offi is irresponsible, unjust, and unacceptable for cials and safety inspectors were well aware of the Federal Government to absolve itself of Mr. LAUGHLIN. Mr. Speaker, I rise today to the hazards associated with prolonged asbes any responsibility for its actions. honor the 1992 Texas 5A State Baseball tos exposure and of the dangerous conditions I urge my colleagues to join me in support Champions, the Brazoswood Buccaneers. This in the shipyards under their control. of this legislation. baseball team not only had an amazing sea- July 9, 1992 EXTENSIONS OF REMARKS 18445 son by winning their last 19 games in a row, Titles I and II of the Mandate and Commu income citizens. The appeal of this proposal is but they were able to make history as well. nity Assistance Reform Act establish a Com that it allows a community to design its own The Brazoswood pitchers threw back-to-back mission on Unfunded Federal Mandates. The social service program or programs using no hitters in the final tournament which was a Commission is required to study this growing money it already receives from the Federal first in the State tournament's history. The practice and make recommendations to Con Government-! emphasize that no additional team managed to keep things in perspective gress regarding the termination, temporary obligations will be incurred by the Federal and stay focused, a characteristic of all true suspension, or consolidation of reporting re Government as a result of this title. Local gov champions, until the final game against the quirements of up to 30 existing mandates. The ernment leaders have always been a force for South San Antonio Bobcats. Commission also is charged with identifying innovation and change, and I believe they will Mark Senterfitt was at the top of the pitching mandates that should be carried out in whole be effective and creative in implementing this list due to his outstanding 6 inning no hitter in or in part by the Federal Government instead much needed program flexibility to the benefit the semifinal round against El Paso Coronado, of States and localities. Because I intend of their low income residents. and he also pitched 22!3 innings in relief of these recommendations to serve as more than Mr. Speaker, States and communities have Justin Bowles and Jason Ferguson's efforts to a mere discussion piece, I have provided that long been asking for the Federal Government save the title and the no-hitter record. they will take effect automatically if Congress to abdicate the role of dictator and assume its Despite the outstanding efforts of the pitch does not enact a joint resolution disapproving rightful place as a partner in the intergovern ing staff, the title could not have been won them within 60 days of their submittal. mental system. The Mandate and Community without the efforts of the defensive players. To discourage the passage of new un Assistance Reform Act is a fiscally responsible Both Jason Rendon and Chad Blessing had funded mandates, I propose to close a loop measure, a vehicle through which we can re excellent defensive plays throughout the tour hole in the Congressional Budget Act of 1974 spond to the call for less Federal intervention nament. Rendon and Blessing also had key which enables unfunded mandates to be in and more Federal cooperation. I urge my col runs. Other big hitters were Scott Merritt, Brian cluded in legislation in the absence of Con leagues to join me in this initiative to relieve Stone, Keith Whitten, and Eric Atkins. gressional Budget Office estimates of their im the fiscal burdens on States and localities and I would like to congratulate all the cham pact on States and localities. This title amends improve the way the Federal Government pions individually: James Ferguson, Chad the Congressional Budget Act to delete lan does business with its State and local counter Blessing, John David Perry, Justin Bowles, guage stating that cost estimates are required parts. Rodney Colon, Keith Whitten, John Dewey, only if submitted in a timely manner. Further Creighton Collier, Heath Collins, Cody Dingee, amendments I have proposed require that a Scott Merritt, Brian Guillot, Ryan Chapple, cost estimate accompany the conference re THE NEW MISS KENTUCKY: A REP Brian Johnson, Jason Rendon, Cory Town port of legislation to ensure that any major RESENTATIVE OF THE MOUN send, Mark Senterfitt, Cory Gibson, Brian changes made on the floor or in conference TAINS Stone, Eric Atkins, Tobey Stevens, and coach will be reported, and require committees to in es Bill Poland and Bobby Williams. These clude in their directions to the conference HON. HAROLD ROGERS players should all be commended for their committees the total cost of their provision to OF KENTUCKY team effort in securing the State champion all levels of Government. Adequate cost esti IN THE HOUSE OF REPRESENTATIVES ship. mating procedures will benefit all Members I rise today to call this body's attention to working to make informed and responsible de Thursday, July 9, 1992 the hard work and determination that these cisions on legislation that will affect States and Mr. ROGERS. Mr. Speaker, the area I call champions have exemplified. I commend the localities. home, eastern Kentucky, is known for its Brazoswood Buccaneers for their persever Expensive regulations often have a signifi beauty and the determination of her people. ance and exemplary play in their pursuit of the cant impact on small towns with limited re And those two qualities are combined in one Texas State SA title. sources available to pay for compliance with individual whom I take pride in recognizing complex rules and mandates. The Regulatory today: Tawnya Dawn Mullins. INTRODUCTION OF THE MANDATE Flexibility Act, designed to mitigate such im This 25-year-old from the community of AND COMMUNITY ASSISTANCE pacts, directs an agency to perform analyses Kimper in Pike County was recently crowned REFORM ACT which estimate the economic and administra Miss Kentucky, and I can think of no one who tive impacts of their proposals on small busi could better represent our mountains and, in nesses and governments and to identify alter deed, our entire commonwealth. HON. FRANK HORTON natives to the proposed rule. However, this act Miss Mullins is certainly beautiful. But she OF NEW YORK contains a loophole as well-an analysis need also possesses warmth, intelligence, charm IN THE HOUSE OF REPRESENTATIVES not be performed if the head of an agency and determination in addition to her stunning Thursday, July 9, 1992 certifies that their rule will not have a signifi good looks. And it is her inner beauty and Mr. HORTON. Mr. Speaker, today I am in cant economic impact on a substantial number strength that make her an outstanding role troducing the Mandate and Community Assist of small entities. To minimize this loophole, I model for the young women of Kentucky. ance Reform Act, a measure that I believe will have proposed to modify the act's provisions Tawnya Dawn earned a bachelor's degree help significantly over the short- and long-term for judicial review of agency rules. I believe in political science from the University of Ken to relieve the fiscal distress under which many this change will prompt Federal agencies to tucky and originally intended to become an at of our States and communities are trying to give more consideration to the effects of their torney. But after working for a year in a law of operate. rules on small governments with limited eco fice, she chose to study sports medicine and This bill addresses major concerns that nomic resources. enrolled at Virginia's Radford University. State and local officials have voiced for years Finally, I have a great deal of enthusiasm At the same time, this bright young woman in testimony before the Government Oper for a title of my bill that will restore innovation was competing in pageants. While at Radford, ations Committee and other committees as and creativity to existing Federal assistance she was named first runner-up in the Miss Vir well-specifically, that the out-of-control Fed programs for local governments. Communities ginia Pageant. Back home, this former Miss eral practice of mandating activities or serv often are stifled in their attempt to provide East Kentucky was competing for the fourth ices and requiring non-Federal governments to benefits and services to their low income citi time for the title of Miss Kentucky when she foot the bill, and the lack of flexibility in Fed zens by inconsistent and incompatible pro was chosen last month to represent our com eral assistance programs for our communities, gram requirements that prevent an integrated monwealth in the Miss America Pageant. are hindering their ability to provide efficiently approach toward the problems of needy resi Persistence and determination have cer and effectively for their low-income citizens. I dents. This title would enable local govern tainly paid off-not only in recognition but in am confident that our State and local partners ments to integrate federally funded programs education. Miss Mullins has put herself will find this bill provides welcome relief from under community based assistance plans, tai through school on the scholarships she re the burdens of unfunded Federal mandates, lored for their distinct needs and constitu ceived from those pageants. and allows them to try innovative approaches encies and structured to address the broad Her parents, Stoney and Brenda Mullins, to the problems of their low-income residents. spectrum of problems affecting America's low have every right to be proud of Tawnya's ac- 59-059 0-97 Vol. 138 (Pt. 13) 29 18446 EXTENSIONS OF REMARKS July 9, 1992 complishments. So do the people of Pike It will enhance the capacity of the health REGULATORY IMPROVEMENT AND County, who take special pride in having one care system. ACCOUNTABILITY ACT OF 1992 of their own selected for the first time ever as ROBERT PERREAULT Miss Kentucky. (Director, Department of Veterans Affairs HON. FRANK HORTON Perhaps Tawnya's mother said it best: Medical Center, Newington, CT). OF NEW YORK "She'll do a good job for Kentucky, especially This pilot proposal is both appropriate and IN THE HOUSE OF REPRESENTATIVES East Kentucky. She's just a little hometown welcome. It will determine whether money Thursday, July 9, 1992 girl." from federal payers will be sufficient (to I wish to congratulate this fine young make up for years of underfunding). Mr. HORTON. Mr. Speaker, as long ago as woman, Mr. Speaker, and hope my colleagues It is very well structured as it doesn't com 197 4 Congress recognized the need to reduce promise the well-being of the mandatory burdensome Government regulations and to will join me in wishing this "little home town care veterans while treating more non-man girl" well at the Miss America Pageant. datory veterans. secure control of the burgeoning Federal bu I am optimistic that it will help to counter reaucracy. That year, we enacted the Com system underfunding and it will be consist mission on Federal Paperwork as a means to INTRODUCTION OF LEGISLATION ent with the position of the VA nationally to measure and reduce the level of Government REGARDING THE VA HOSPITAL keep the hospital system open to veterans paperwork and redtape. SYSTEM only. As many Members know, I chaired that She responded to the kinds of things she commission and proudly reported our findings heard at the veterans town meeting very in 1977 to President Jimmy Carter. One of the HON. NANCY L JOHNSON well and that is represented in this bill. OF CONNECTICUT findings of that Commission was that most of IN THE HOUSE OF REPRESENTATIVES the paperwork, in fact, 80 percent, came from the regulatory process. Regulation causes pa Thursday, July 9, 1992 MS. BARBARA JACKET NAMED perwork. Mrs. JOHNSON of Connecticut. Mr. Speak HEAD COACH FOR THE 1992 WOM As a result of the Commission's rec er, this Independence Day was sweeter than EN'S TRACK AND FIELD OLYM ommendations, the Committee on Government any other in recent memory for me and I sus PIC TEAM Operations, on which I am the ranking minority pect for many other Members as well, as it member, created the Office of Information and was the first Fourth of July since the fall of the HON. GREG LAUGHUN Regulatory Affairs as a means to manage the Soviet Union. As we celebrate the end of the OF TEXAS regulatory agenda of the Federal Government. cold war, we should be careful not to forget IN THE HOUSE OF REPRESENTATIVES Agencies were having difficulties in resolving the men and women who served in the Armed their regulatory disputes, so it was our consid Forces and made this event possible. And as Thursday, July 9, 1992 ered judgment that an office in the Office of we honor them for their valor, we must reaf Mr. LAUGHLIN. Mr. Speaker, I rise today to Management and Budget keep those regula firm our strong commitment to providing them honor a woman from the 14th Congressional tions on track, eliminate duplication, and make with quality health care in the future. District whose many accomplishments on the sure that government regulations do not result During the past decade, the VA's inad track and field have brought her a tremendous in additional paperwork requirements. equate medical budget has been unable to ad honor. Barbara Jacket has been named the Under the Paperwork Reduction Act of dress the system's needs. As a result, VA head coach for the 1992 Women's Track and 1980, OIRA has broad authority to control the hospitals have not been able to upgrade criti Field Olympic T earn in Barcelona this sum collection of information by Government agen cal life-saving resources, and many men and mer. Ms. Jacket is only the second African cies. It is responsible for setting Government women who suffer from service-connected in American to be named an Olympic team head wide information policies and ensuring that juries are not receiving prompt attention. coach. agency information collection and record To remedy this situation, today I am intro She has led Prairie View A&M University keeping requirements are consonant with Gov ducing a bill, along with 13 of my colleagues, women's track to win an amazingly large num ernment policies. to change the way the largest hospital system ber of national championships, including the Since 1980, OIRA has been responsible for in the Nation conducts business. My proposal Association for Intercollegiate Athletics Na reducing the paperwork burdens on all Ameri will allow the VA to collect from all public pay tional Championship and the National Associa cans by millions of hours and, as a result, ers, including Medicare, Medicaid, and tion for Intercollegiate Athletics National saved the economy billions of dollars. Unfortu CHAMPUS, while waiving certain copayments Championship and the National Association nately, OIRA has not been as successful as it to entice veterans to utilize VA hospitals. The for Intercollegiate Athletics for both outdoor could have been due to the continuing debate goal of this proposal is to increase funding to and indoor track for numerous years. over its reauthorization. 01 RA has not been boost staffing and upgrade facilities and equip As a result of all her dedication and love for reauthorized since 1989 and has not had a ment. Yet, unlike Secretary Derwinski's rural track and field, she has been recognized by Senate-confirmed administrator since early in health care proposal, mine keeps the VA hos multiple organizations for her success in the Bush administration. pital system open to veterans only and is sup coaching women's track. Ms. Jacket was the For those who support efforts to reduce the ported by national veterans groups such as Southwest Athletic Conference Coach of the ever-increasing burdens of Government man AMVETS and the American Legion. Year for 7 years for cross country, 9 years for dates, I ask that you join me in support of the We owe it to those who fought to preserve indoor track, and 6 years for outdoor track. Regulatory Improvement and Accountability the virtues of freedom and democracy to as On a more international level, Barbara Jack Act of 1992. This legislation provides for the sure that the VA hospital system fulfills its mis et has been the assistant coach, head man long overdue reauthorization of OMS's Office sion to provide highest quality health care to ager, and head coach for the World University of Information and Regulatory Affairs. It our veterans so they can celebrate many more Games for a number of years. Likewise, in amends the Paperwork Reduction Act to bring July Fourths and Memorial Days. 1987, she was the head coach for the World regulatory review, in addition to pure paper JOSEPH BARBER Championships in Rome, Italy, and now the work concerns, within its scope. And, it over (Director and Supervisor of the Office of 1992 Olympics. turns the 1990 Dole versus Steelworkers Su Advocacy and Assistance CDV A). I rise today to call this body's attention to preme Court decision, which held that regula I am excited that it will increase VA reve Ms. Jacket's competitiveness and adoration of tions requiring only disclosure of information to nue. track and field. I hope her inspiring qualities third persons were outside the reach of the This bill will give the VA the additional spread throughout the United States as we Paperwork Reduction Act. money it needs to allow it to do more re watch her coach our Nation's best in track and To provide accountability and to guarantee search and accommodate more veterans. field in Barcelona this summer. that this authority will not be abused, this bill The VA should be allowed to collect from new payers. I believe in the concept. Coach Jacket is an inspiration to not only also subjects OIRA review of proposed regula The VA is not getting enough money from the student athletes she works with, but to tions to a 90-day time limit and subjects its de the federal government. This is good P.R. for Prairie View A&M University, to the State of cisions to court review under the Administra veterans who have lost faith in the system. Texas and to our Nation. tive Procedures Act. July 9, 1992 EXTENSIONS OF REMARKS 18447 The enactment of this bill should end alto OIRA communications with outsiders and BATTLE OF GUADALCANAL gether the debate on the Competitiveness agencies. REMEMBRANCE DAY Council as it reauthorizes OMB's Office of In OTHER PROVISIONS formation and Regulatory Affairs in a fair and The bill adds competitiveness criteria into HON. LEON E. PANE'ITA responsible way. This bill is the product of regulatory oversight decisions; OF CALIFORNIA countless hours of hard work and negotiation "Independent" agencies could still over IN THE HOUSE OF REPRESENTATIVES put in by Senator WILLIAM ROTH and his fine ride OIRA decisions; Regulations would be "sunset" after three Thursday, July 9, 1992 staff. I thank them for their contribution to this years, requiring new OIRA review. effort. Mr. PANETTA. Mr. Speaker, as our country Finally, Mr. Speaker, let me add that the Pa reflects on the heroism of those who bravely perwork Reduction Act and the Office of Infor served the United States in celebrations mark mation and Regulatory Affairs were endorsed TRffiUTE TO DEB SWIFT-THE ing the 50th anniversary of World War II, it is and used efficiently by Democratic President "DREAM MAKER" OF SALEM'S appropriate that we pay a long-awaited tribute Jimmy Carter as well as Republican President "FIELD OF DREAMS" to those who fought valiantly in the campaign Ronald Reagan. to recapture the Island of Guadalcanal be It is time to reauthorize this legitimate regu HON. DICK SWETf tween August 7, 1942 and February 9, 1943. The distinguished Senator from North Da ~atory review function, create jobs by promot OF NEW HAMPSHIRE kota, [Mr. CONRAD], has introduced Senate Ing the competitive position of U.S. industry, IN THE HOUSE OF REPRESENTATIVES Joint Resolution 248 to designate August 7, and get the Government's regulatory burden Thursday, July 9, 1992 1992, as the Battle of Guadalcanal Remem off the backs of all Americans. brance Day. The measure I am introducing I am attaching a summary of the Regulatory Mr. SWETT. Mr. Speaker, I rise today to pay tribute to a very special lady, Deb Swift of today is a companion to the Senate resolution. Improvement and Accountability Act of 1992 to Beginning on August 7, 1942, the United this statement. I urge all Members to support Salem, NH. She is a homemaker, wife of a Salem police detective, and the mother of two States embarked on a pivotal campaign in the this important legislative proposal. Solomon Islands. This offensive was essential SUMMARY OF PROVISIONs-REGULATORY IM small children. She is also a woman of great vision and determination. to stem the tide of the Japanese imperial ad PROVEMENT AND ACCOUNTABILITY ACT OF vance. Following the tragic fall of Corregidor in 1992 Four years ago, Deb had a dream of a the Philippines, the landing on Guadalcanal REAUTHORIZES OIRA place where she could take her children to play and climb and do all those things that was a vital American offensive in the Pacific The Office of Information and Regulatory theater during World War II. The ensuing 6- Affairs (OIRA), located at OMB, would be re small children love to do. At that time, there authorized through FY 1997. OIRA was origi were no community parks, and playgrounds month battle proved devastatingly fierce. Dur nally established in 1980 to implement the were limited to swing sets and jungle gyms in ing this period, American forces fought what is provisions of the Paperwork Reduction Act schoolyards. regarded as some of the most intense combat (PRA), but has been operating without statu With her dream in mind, Deb Swift ap during World War II. The brutal engagements tory authorization since 1989. proached the local government boards and at Bloody Ridge, around Henderson field and PLACES REGULATORY REVIEW WITIDN committees of Salem to gain their approval during the naval battle of Guadalcanal from PAPERWORK REDUCTION ACT and support for such a project. She asked the November 12 to 15, 1942 exemplified the true The bill amends the PRA to bring "regu town to help her locate a parcel of property. resolve of the American forces. It was at Gua latory review" within its scope. When the Ultimately, the town of Salem donated the dalcanal that the Japanese advance was PRA was first enacted in 1980, Congress did property. squarely confronted and set back. not fully contemplate the reality which soon The U.S. Armed Forces distinguished them emerged, which is that about 90% of all of Mr. Speaker, locating the property and re ceiving the blessing of the town fathers was selves by their brave fortitude during the cam the "information collection requests" (the paign. The dedication and ultimate sacrifice of government actions causing the paperwork just the beginning. Bob Leathers, "The Pied burden) were contained in regulations. This Piper of Playgrounds," was hired for the de those who served in the Solomon Islands of revealed an inescapable relationship between sign work. His work was based on the ideas the South Pacific is similarly notable. More paperwork and regulations, and almost im and concepts of the children, teenagers, and than 9,400 Army, Navy, and Marine casualties mediately caused the new Reagan Adminis young adults of Salem. The project grew from were suffered during the Guadalcanal cam tration, in two Executive Orders, to try to a small playground to a multigenerational, paign. Tragically, 4,343 were killed in action. limit the burden of regulations themselves, Mr. Speaker, it is only fitting that our Nation multifunctional, one-of-a-kind community park in addition to any pure paperwork concerns. pay tribute to those who fought at Guadal with an entertainment amphitheater, play The bill places the provisions of Executive ca~al and whose efforts resulted in the turning ground area, and nature trails. Deb Swift ral Orders 12291 and 12498, and hence the regu pomt of the war in the Pacific. The planned latory review function, into statute. lied her community, local corporate sponsors, activities of the U.S. Marine Corps on August REVERSES STEELWORKERS DECISION and volunteers to raise $225,000 to build Sa 7, 1992, represent an appropriate impetus to lem's first community park and playground, The bill implicitly overturns the 1990 Dole extend the commemoration to all who served v. Steelworkers now aptly named the "Field of Dreams." Supreme Court decision, in the Solomon Islands in the effort to recap which held that information collection re Recently, Deb saw her dream become a re ture Guadalcanal between August 7, 1942 and quests requiring only disclosure to third per ality. In an organized effort, similar to an old February 9, 1943. sons (i.e. such as workplace safety fliers) fashioned barn raising, approximately 1,000 were outside the scope of the PRA. This deci It behooves us to join the efforts of Senator sion obliterated a very large percentage of volunteers gathered to build the playground CONRAD to honor those who served our coun OIRA's jurisdiction to lower burdensome structure. I was fortunate enough to be one of try with pride, strength, and loyalty. The veter government action. Since almost all such these volunteers and found this to be one of ans of Guadalcanal justly deserve the sym disclosures are implemented through regula the most uplifting experiences I've had in a bolic day of August 7, 1992, as a day when tions, this bill would clearly establish the long time. When the final piece was put into all Americans can reflect on the sacrifice of sorts of information collection requests as place, a cheer went up. Four years had within the scope of the PRA. our American forces in the Army, Navy, and passeq, and thousands of volunteer hours had Marines who fought in the landing and cam INCREASES ACCOUNTABILITY been spent organizing and fundraising in prep paign to recapture Guadalcanal. I urge my col The bill takes several steps to guarantee aration for that day. It happened because one leagues to join me in declaring August 7, that OIRA remains accountable and that the woman had the determination and courage to 1992, as the Battle of Guadalcanal Remem regulatory review process is not abused. It see her dream through. Because of Deb Swift limits the amount of time OIRA has to re brance Day. and her dream, Salem, NH, now has place for The text of the resolution follows: view a regulation to a 90 days. It subjects all of the children to play and the entire com OIRA decisions to court review under the H.J. RES.- Administrative Procedures Act. And, finally, munity to enjoy. Whereas the focus of the military cam it codifies the so-called 1986 "Gramm Mr. Speaker, I ask my colleagues to join paign of the Allied forces in the Solomon Is Memo," in which OIRA subjected itself to with me in honoring Deb Swift, the "Dream lands of the South Pacific during World War certain disclosure requirements concerning Maker" of Salem's "Field of Dreams." II was the island of Guadalcanal; 18448 EXTENSIONS OF REMARKS July 9, 1992 Whereas the military invasion of the island ENHANCING RACIAL HARMONY, enforcement officers and judicial institutions. of Guadalcanal by the United States began YOUTH AGAINST RACISM, ELEA The system must rely upon a broad spectrum on August 7, 1942, with an amphibious land NOR ROOSEVELT CENTER AT of punishment and intermediate sanctions in ing of Major General Alexander A. VAL-KILL cluding community service, probation, and al Vandergrift's 1st Marine Division; ternatives to incarceration. Restore the com Whereas, on October 13, 1942, the commit ment of ground forces of the United States HON. HAMILTON ASH, JR. munity as the keeper of order and the main to the Battle of Guadalcanal began with the OF NEW YORK tainer of justice. landing of the 164th Infantry Regiment of IN THE HOUSE OF REPRESENTATIVES EDUCATION the American Division, making the regiment Thursday, July 9, 1992 The mission of the education focus group the 1st unit of the United States Army to en Mr. FISH. Mr. Speaker, recent events in Los [EFG] is to assist the local school community gage in offensive combat action in the Pa to prepare students for citizenship in a cul cific theatre during World War II; Angeles have exposed an urban human condi turally diverse world through the development Whereas the South Pacific Naval Task tion that cannot be tolerated. Congress is con Force, under the command of Vice Admiral sidering what is the appropriate response to of an understanding and appreciation of all William F. Halsey, was the principal naval inner city unemployment, lack of opportunity, people. To accomplish this mission, the EFG force during the Naval Battle of Guadalcanal and dispair. Racism is blamed by many for engages in activities to increase multicultural in November 1942; these conditions. staffing at all levels in the educational system. Whereas, throughout the 6-month cam For 2112 years, citizens of Dutchess County, Also, the EFG recognizes the need for schools paign on Guadalcanal, the United States NY, have actively come together to address to initiate a genuinely multicultural program im Navy provided the naval support that was racial discrimination in their community. There plemented with enthusiasm, commitment, and critical to the victory of the armed forces of are currently two programs sponsored by the sensitivity. Specific projects sponsored by the the United States on the island of Guadal EFG are a workshop designed to expand the canal; Eleanor Roosevelt Center at Val-Kill in Hyde Whereas, during the campaign on Guadal Park, NY, called Enhancing Racial Harmony pool of qualified candidates for professional canal, there were more than 9,000 Army, Ma and Youth Against Racism. Both programs positions. Additionally, the EFG is supporting rine, and Navy casualties; were developed with national replicability in training for teachers and administrators and Whereas, on August 7, 1992, the United mind and I salute the creativity and broad recommending policies and procedures that States Marine Corps will conduct a cere minded efforts made by the many citizens would institutionalize school district multi mony at the Iwo Jima Memorial in the Dis committed to these programs. cultural commitments. trict of Columbia to commemorate the land Enhancing Racial Harmony came into being EMPLOYMENT ing of Marines on Guadalcanal; and in October 1989 in Dutchess County, NY. Its The employment focus group conducted a Whereas the Department of Defense will mission: First, identify racial discrimination; recognize the contributions made by all mili major study to learn more about racial dis tary personnel of the United States during and second, make recommendations as to crimination in the employment sector. More the operations on Guadalcanal as part of its how to improve the situation in five areas: than 100 citizens participated representing commemoration of the 50th anniversary of criminal justice, education, employment, hous youth, the unemployed, community leaders, World War II: Now, therefore, be it ing, and the media. the employed, CEO's, and human resources Resolved by the Senate and House of Rep A steering committee of 30 sets policy and specialists. The results of this study confirmed resentatives of the United States of America in coordinates the activities of the 5 focus that racial bias does exist in many aspects of Congress assembled, That August 7, 1992, is groups. Eighty persons sit on the focus the employment environment in Dutchess designated as "Battle of Guadalcanal Re groups, while an additional 300 persons have membrance Day" , and the President is au County, including hiring practices, promotional participated in programs initiated by the focus opportunities, and management practices. thorized and requested to issue a proclama groups. The participants are racially and eth tion calling on the people of the United Twenty-six recommendations resulted from States to observe the day with appropriate nically diverse, representing leadership in the the study. Following are the top two: First, ceremonies and activities. community, education, business, government, community and business leaders made cul media, and not-for-profit sectors. tural diversity a personal and public priority; One very important aspect of this project and second, develop coalitions of business, has been the process of bringing together government, and education to provide clear TRIBUTE TO STAN STREAKS groups of people, on a regular basis, who to gether discuss and address the sensitive and skills training and value development. challenging issues of racial discrimination. An The focus group is working on two projects: HON. DAVID E. BONIOR other aspect of this project is the programs First, development of a user-friendly publica OF MICHIGAN that have been initiated by each of the groups. tion on the destructive nature of racism in the IN THE HOUSE OF REPRESENTATIVES Following is a summary of the findings and ac workplace; and second, development of a tivities of each of the five focus groups: workplace awareness program, which will be Thursday, July 9, 1992 relevant for both management and the work CRIMINAL JUSTICE Mr. BONIOR. Mr. Speaker, on the evening A racially and ethnically mixed membership force, and which will demonstrate the value of June 12, Stan Streaks will be honored at a on the criminal justice focus group has deter and economic importance of having a positive, special dinner at the Van Dyke Manor Res mined that racial bias and discrimination exists culturally diverse work force. taurant. I am very pleased to join UAW Local in every element of the criminal justice system HOUSING 160 in honoring a longtime friend of the work from a lack of minorities on police forces, to a The housing focus group has a vision of ing men and women of our community. predominantly white, male judicial system, to a Dutchess County where no one would be de In many ways, Stan Streaks has come to disproportionate number of minorities in jail nied the right to live in a neighborhood or symbolize our commitment to fairness and jus and prison. community they choose, if housing is avail tice in the workplace and society. For more Two action-based goals have been articu able. The constant challenge has been to dis than 35 years, Stan has been an important fig lated: tinguish between economic and racial discrimi ure and voice in the labor movement in Michi I. REGENERATE THE COMMUNITY nation. gan. His long record of distinguished service Prevent crime through proactive efforts to A major study was conducted to determine has proven him to be a natural and effective address employment and educational opportu the extent to which racial discrimination ex leader. Stan's vision and guidance have al nities; through a community-based policing ini isted in the housing sector. Participants in the ways impressed those of us who have had the tiative; through appropriate programs to stifle study included: banking professionals, housing privilege to know and work with him. His con drug use and provide drug and alcohol treat specialists, government leaders, homeowners tributions wm be truly missed. ment; and a systematic approach to the pres and tenants, realtors, developers, and land Mr. Speaker, on this special occasion of his ervation of families. Encourage the business lords. Incidents of racial discrimination were retirement, I ask that my colleagues join me in sector to hire, train, and promote minorities. revealed on many levels. Resulting rec saluting Stan Streak's many years of service II. REDESIGN THE CRIMINAL JUSTICE SYSTEM ommendations included: First, better public and dedication to the labor community in Redesign the criminal justice to be respon awareness through public service announce Michigan. sible to a multicultural community through its ments; second, an 800 number guaranteeing July 9, 1992 EXTENSIONS OF REMARKS 18449 confidentiality that would encourage reporting who volunteer their services for seminars and teacher. Put simply, he makes learning fun. of discrimination cases; third, better education, workshops, and the excellent program guid He makes the time his students spend in his including consumer education and creation of ance from participating students who are fully classroom enjoyable rather than excruciating. support groups; and fourth, support for human in touch with the changes and emotions of the This year he delivered the commencement rights commission as the best formal structure school community. address to the Santa Monica High School which can collect data, investigate complaints, Mr. Speaker, the Enhancing Racial Har graduating class of 1992. It was the kind of followup enforcement, and initiate a broad mony and Youth Against Racism programs of upbeat, energizing speech which those who based public education campaign. Dutchess County have made a difference. It is know Leonard Vincent have come to expect. MEDIA the intention of Eleanor Roosevelt Center at The love of his students, his concern for their The mission of the media focus group is to Val-Kill to develop models which can be rep future, and his commitment to making our so eliminate racial bias and promote racial har licated nationwide, bringing the benefit of ciety better all are present in his address. It mony in the local media. Projects which have Dutchess County's experience to communities was the kind of inspiring speech which we been completed include: First, a workshop to across the country. The Eleanor Roosevelt used to hear from public officials but hear all inform minority organizations how to better ac Center at Val-Kill [ERVK] is a private, not-for too rarely now. It exemplified why he is such cess the media; and second, media seminars profit educational organization dedicated to a special person and why he meant so much for media managers and members of the carrying out the humanitarian work of Eleanor to his students. working press which included sessions on per Roosevelt. ERVK acts as a catalyst in creating I include Leonard Vincent's speech in the sonal bias, equal employment opportunity hir change for the betterment of humanity, all RECORD so that my colleagues will have the ing, semantics, and stereotypes. within the context of Eleanor Roosevelt's phi opportunity to read and reflect on it. I also ask A current project of the media focus group losophy and example. More information on my colleagues to join with me in recognizing is to develop a public service library of Enhancing Racial Harmony or Youth Against Leonard and congratulating him on a lifetime antiracism print ads and radio and television Racism is available by contacting Alexa Ward, of service to our children: public service announcements. The themes ERVK executive director, at 914-229-5302, GRADUATING SPEECH, JUNE 18, 1992 will cover housing, employment, education, address: ERVK, P.O. Box 255, Hyde Park, NY To the staff of Samohi, to our distin- and criminal justice. 12538. guished guests ... to the members of our Youth Against Racism is a high school pro We, in Dutchess County, look forward to board of education ... to my associate retir- gram which was established in 1989 to pro helping other organizations and community ees, including Superintendent Tucker, to vide opportunities for teenagers in Dutchess minded individuals actively work toward the ra you, the parents, friends and family mem County, NY to explore issues of racism. At cial harmony that is necessary for creating an bers, and most especially, to the extraor weekend seminars and single day workshops dinary class of 1992 ... congratulations and environment of hope and a better future-a well done! led by community leaders and faculty advi nation where there is equal justice and equal But first could we get everyone in our au sors, students address specific issues such as opportunity for all Americans. dience to take a moment to share the unique the psychology of racism, institutional racism, one-ness of this event. Turn to someone you as well as racism in educatiQn. the media, reli may not know . . . reach out and shake a gion, and the legal system. They heighten TRIBUTE TO LEONARD VINCENT hand, give a pat on the back or administer a their own awareness of racism, explore how it major squeeze. Everyone . . . go ahead . . . has touched each student, and develop do it ... share with each other the common HON. MEL LEVINE cause of this special time . . . for we are here courses of action to foster greater understand OF CALIFORNIA to celebrate the past achievements, persever ing and tolerance. IN THE HOUSE OF REPRESENTATIVES ance, and present passage of the class of 1992 Students have responded by organizing Thursday, July 9, 1992 here assembled. clubs in their high schools and developing in The four high school years are not easy formation programs to take to elementary Mr. LEVINE of California. Mr. Speaker, I rise ones . . . the changes experienced between school students. They designed a brochure to pay tribute to a remarkable man on the oc the ages of 14 and 18 are among the most dif and a poster which have been distributed to casion of his retirement. I refer to Leonard ficult, sometimes traumatic, and exciting in each high school in the country, created a Vincent who, this year, decided to move on to the life-span of an individual. new challenges after a long and distinguished Reflecting back on my own high school media watch check list, and developed one years there were many times when my par television and two radio public service an career as a teacher in the Santa Monica ents thought I'd never make it. On occasion nouncements. Radio station WKIP submitted schools. they might have been heard to say, "my God, the radio spots to the New York State Broad Leonard Vincent has dedicated his life to out of 2 million sperm cells how could this casters Association where they won first place teaching and inspiring young people. He is the one have been the fastest swimmer? But in 1991. Students also designed an annual T personification of everything educators should somehow, with the help of caring teachers, I shirt and a business card that states "I am a be. He truly believes that knowledge is power. managed to keep my head above water, at Youth Against Racism"; both are awarded at That belief motivated him to become a vehicle least most of the time. for transferring knowledge to his students. The graduates assembled here have done at the end of the year to every student who has least as well, if not much better. They are participated in the program. He has the unique ability to make history ready to move on ... so what lies ahead? The program has been effective not only for and great social issues come alive for his stu It has been said that the most important the participating students but also for the dents. He is able to explain to young people fact about our spaceship earth and the life county and the region. To date, almost 300 why they should be concerned about events upon it is that it didn't come with a defini students from 10 high schools have partici that occurred hundreds of years ago or hun tive book of instructions. We humans, lack pated; an additional 200 elementary school dreds of miles away. He makes learning en ing these instructions, have often stumbled pupils have been part of programs presented joyable and rewarding. our way over its face. Some we call experts Teachers like Leonard Vincent are a na are telling us that we've done too much dam by YAR students. In response to painful racist age to our planet and some predictions are incidents in their buildings, two high schools tional asset. His retirement is a great loss to filled with gloom and doom. have asked Youth Against Racism students to the Santa Monica/Malibu school system, but is However, while the experts are doing their help them start the program. The program is an even greater loss to children who will never best . . . and while they can serve as early also known beyond Dutchess County; a col have the opportunity to spend time with him, warning systems, their problem is that they lege and two high schools in Ulster County to learn from him, to catch the enthusiasm restrict themselves to facts alone while our have asked for presentations on Youth which he imparts for the subject he teaches, human experience, our history, is as much shaped by unpredictables as by hard facts. Against Racism. to have a teacher who cares as deeply and passionately about his students as Leonard Experts just have no way of knowing where The success of the program can be attrib or when human hopes or fears might sud uted to four factors: The increasing need to Vincent does, and to listen to and groan at his denly be transformed into enormous energy understand and deal with the growing diversity excruciating puns. sources that could forever change our lives. of our communities, the support of the estab Leonard's ability to make his students laugh, The simple fact is that the most important lished Eleanor Roosevelt Center at Val-Kill, to find humor in history and current events is force at work for us in the future is the way the strong contributions of community leaders one of the reasons why he is an outstanding in which the human mind reacts to crisis, 18450 EXTENSIONS OF REMARKS July 9, 1992 and a great force is set in motion when you, INTRODUCTION OF LEGISLATION ment Act. This legislation would reestablish and classes like yours across America decide REGARDING TAX ABATEMENT the investment tax credit, which was repealed to go out and face the challenges of the 21st century. by the Tax Reform Act of 1986, but with an Some say the most serious problem facing HON. DONAlD J. PEASE emphasis on investment that creates jobs for this nation is not unemployment or reces OF OHIO American workers. The American Jobs Invest sion or wasteful use of natural resources . . . IN THE HOUSE OF REPRESENTATIVES ment Act would not permanently reestablish they say the greatest problem right now is Thursday, July 9, 1992 the lTC, but create a temporary credit effective that we appear to be running out of hope for for a period of 5 years, beginning in 1992. the future ... that we have lost our sense of Mr. PEASE. Mr. Speaker, today I am intro Numerous analysts and commentators have direction, our energy to act . . . that our ducing legislation designed to put an end to advocated a temporary investment tax credit sensitivities are narrowed, our values de the use of tax abatement as an economic de as an important element to any economic re stroyed. velopment tool. Cities and States have been This is not true! If it were true we would covery package passed by Congress. I believe no longer be capable of reaching out to and engaged in a bidding war to encourage busi an investment tax credit can be a positive eco caring for one another-our faces would be nesses to locate or remain in their jurisdic nomic tool, if it is designed to encourage wise frozen to each other. tions. These bidding wars threaten the tax investment decisions focused on long-term But they are not! There is to be found, ev bases needed in these localities to support the growth, and if the investment generates addi erywhere, among the members of the class of school systems. tional economic activity in the United States. 1992 enough caring to restore hope to the Companies are pitting city against city in an severist critic-and enough warmth of feel Every Member of this body will acknowledge effort to increase the enticements being of the fact that increased investment by the pri ing to thaw the most frozen face. fered. I cannot say that I blame companies for There is great talent among these young vate sector is needed to both stimulate the men and women. It is to be found in every pursuing the most beneficial arrangements economy, and to foster increased international form imaginable. That talent will find its that are available to them under the law. The competitiveness, for American companies. The way. It won't be easy. Success is not perma business community faces tough competition American Jobs Investment Act will promote nent-the same is true of failure. Each of to in the changing global economy. I do believe, just such investment by rewarding companies day's graduates has something special to do, however, that encouraging or even demanding that invest in new equipment to increase effi something unique to do and to be, and there tax abatements will in fact hamper the ability is much to be accomplished. Nothing is done, ciency, competitiveness~ and create jobs for of U.S. companies to compete. The loss of American workers. finally and right, nothing is known posi school revenue makes developing an edu tively and completely. The times in which The American Jobs Investment Act provides we live are full of things to do, to find out, cated, literate work force all the more difficult. a 1Q-percent investment tax credit for the pur Recently, Elyria, OH's City Council adopted to do over, to do right. chase of new and used equipment which has a resolution urging the Congress to ban tax We have not now nor have we ever had a been produced in America. This is achieved abatements on a nationwide basis. While ex government that couldn't be improved upon, by requiring that equipment eligible for the there is not now and there never has been a pressing their distaste for the use of tax abate credit have been constructed or assembled perfectly run bank, factory, school, airline, ments as a means to retain or attract busi with at least 70 percent domestic content. In or business. ness, members of the city council realize that addition, the American Jobs Investment Act What is true of business and politics is true unilaterally banning tax abatement would put of the professions. The arts and crafts, the will reward companies that provide good jobs the city at a competitive disadvantage with sciences and sports. The best picture has not by granting an additional 5-percent credit for other cities and towns. yet been painted, the finest cabinet is still to the purchase of new or used equipment which Indeed, any effort to stop the tax abatement be crafted, the greatest novel or play re was produced substantially with union labor, mains unwritten, the most important things problem is useless unless all jurisdictions stop. and for the cost of installation of equipment for remain to be done. For that to occur, it seems that the Federal which union labor is utilized. In breaking through some of the obstacles Government must take action. we face there are a few thoughts I hope you Mr. Speaker, the bill that I am introducing Mr. Speaker, in light of the discouraging will consider: today provides that no State or political sub economic news of the last 2 months, with the Question authority-Be an agitator, for unemployment rate jumping three-tenths of 1 the agitator is the person who insists that division thereof shall be eligible to receive any grant for economic development purposes percent in both May and June, and the an our community, nation and world, as they nouncement that the Department of Labor had stand, are not good enough. under title I of the Housing and Community Reach out and seek understanding of your Development Act of 197 4 or the Public Works undercounted by one-third the number of pay brothers and sisters of all colors, creeds and and Economic Development Act of 1965 if roll jobs lost during the current recession, it is origins, for we are their keepers and they are such State, any political subdivision thereof, or imperative that we pass legislation to provide ours. economic stimulus, and create good jobs for Commandment No. 1 of any truly civilized any agency or instrumentality of such State of fers, permits, or grants a tax incentive that re American workers. society is this: Let people be different! We The American Jobs Investment Act will not lieves a taxpayer from paying any State or must remember, said Colin Powell, that only provide an incentive for American compa America is a family. There may be many dif local tax which would otherwise be payable for ferences and disputes in our family, but we the direct or indirect support of primary and nies to increase investment, but it will reward must not allow them to be broken into war secondary education. those companies which invest in equipment ring factions. Find strength in your diver If all jurisdictions were prohibited from giving which provides good jobs, with good pay and sity. Fight racism and prejudice in all its these tax breaks, then no area would be at a good benefits for American workers. I urge all crippling forms. We have to make sure that competitive advantage or disadvantage. Com my colleagues to support incentives for invest racism withers and dies in this country once panies would base their location decisions on ment that benefits all Americans by cospon and for all. Because every time history re soring the American Jobs Investment Act. peats itself, the price doubles. economic factors, not on how much of a tax Finally, to this class of 1992 a wish from break a city or town is willing to provide. the hearts of all of us who care for you and I urge my colleagues to join me in support HEALTH CARE NEEDS OF OUR love you unconditionally-may the direc ing this measure. tions you take and may the decisions you NATION'S VETERANS make in these difficult, but far from impos sible times, lead to the fulfillment of your INTRODUCTION OF THE AMERICAN HON. JAMES T. WALSH most deeply held hopes and dreams. JOBS INVESTMENT ACT OF NEW YORK And, so to all of you here assembled, the time has come to say farewell in the loving IN THE HOUSE OF REPRESENTATIVES hope that you will fill your minds with HON. LOUIS STOKFS Thursday, July 9, 1992 OF OHIO things that never were and demand, why Mr. WALSH. Mr. Speaker, I rise today to ad not? IN THE HOUSE OF REPRESENTATIVES Thank you for allowing me to share this dress the health care needs of our Nation's 27 time and these thoughts with you, whom I Thursday, July 9, 1992 million veterans, and to call for adequate fund hold in the highest regard. It is an honor I Mr. STOKES. Mr. Speaker, it is my pleasure ing of the massive health care delivery system will long remember. Again, farewell. today to introduce the American Jobs Invest- run by the Department of Veterans Affairs. July 9, 1992 EXTENSIONS OF REMARKS 18451 As Members of the House have heard time record label, has just announced that was decorated with the Combat Action Rib hardships, and they have great difficulty buy Jose Luis Rodriguez has been awarded a gold bons, the Kuwaiti Liberation Medal, and the ing their first homes, sending their children to record in Spain for this album. This is another Humanitarian Service Medal for his actions in college or vocational school, and saving milestone for El Puma, who is presently on the Persian Gulf. enough money for retirement. During a period tour in Europe. Mike returned to the United States in 1991 of economic stagnation, these families have The success of this famous artist from Ven and resumed his position with the USCP. even greater difficulty making ends meet. ezuela stems not only from his singing talent, Mike's love of the Marine Corps convinced For this reason, I am introducing a package but from his incredible stage presence as well. him to return to active duty in January 1992, of familiar and popular initiatives that will help He has been featured in numerous programs where he served as the aviation ordinance of financially strapped families to invest and to on Spanish television, reaching audiences ficer for the MAG 42 Naval Air Station in Mari save again. This legislation, which includes across the globe. His charisma has allowed etta, GA. the first-time homebuyer tax credit, the super him to cross over into the field of television, Mike is survived by his three children: Alex, IRA, an increase in the personal exemption for where he has starred on 17 different soap op Michael II, and Megan and innumerable children, and the restoration of the deductibility eras. friends. He will be greatly missed by everyone of certain student loans, is badly needed. July 9, 1992 EXTENSIONS OF REMARKS 18453 These four provisions enjoy very broad bi Julie Dicks and Rita Morgan had been Baker's colleagues from the Santa Monica Lit partisan support and represent a real oppor friends since they attended Notre Dame High tle League. Dr. Barry Weichman helped Chris tunity to break the legislative gridlock we cur School. Julie graduated from San Diego State topher coach his 1992 team and made these rently face. With the failure of Congress and University in May 1992. She served this past remarks at the dedication of the new batting the Bush administration to agree on a com year as a resident assistant in her dormitory, cages at Memorial Park in Santa Monica to prehensive economic growth package, the helping the in-coming freshman to adjust to Christopher R. Baker. American public is justifiably angry, as well as college life. Julie planned to continue her edu On Sunday I was informed of the tragic disillusioned about the political process. Our cation in order to establish a career in teach and senseless death of someone who had just constituents need serious help, and even ing. Although Julie lived in San Diego while at recently become a friend and teacher, Chris though we are now fully engaged in the quad tending school, she drove home every Sunday Baker. Chris was my son Jefrs baseball rennial Presidential circus, there is no excuse to visit her family and friends. She was also coach this year. As assistant coach, I was not to take action on these widely supported active in her church, singing in the choir and fortunate to spend time with Chris both in the dugout and on the field. Chris knew base tax measures. setting an example to all who knew her. ball. Chris loved baseball. He imparted his The American family, Mr. Speaker, could Rob Cash had returned home to Santa knowledge of and love for the game with easily become an endangered species unless Monica on June 2, after spending a year great zeal and great dignity. He was respect the Federal Government takes the necessary studying and working in Germany. Fluent in ful of his players and would relish in their steps to support this fragile institution, the German, Rob graduated from the School of accomplishments. He had coached my oldest problems of our Nation will surely multiply. International Training in Brattlboro, VT in June son, Jerry, as an all-star and he had be With both parents working to earn enough 1992 after completing his course of study and friended my youngest son, Joseph, whom he money to barely survive, it is certainly no won internship under the World Issues Program at hoped to coach in the future. Chris had no children of his own. He was 26 years old. der why there has been a decline in family that institution. Before transferring to the Chris Baker was the ultimate volunteer. values. There is simply not enough time in the School of International Training, Rob attended He nearly always chose to say yes. In a world day for many parents to help children with Santa Monica College. While living in Santa of take, I only saw Chris give. From his play their homework and to provide them with Monica, he worked as a teaching assistant at er he asked only that they do their best. moral guidance. the neighborhood nursery school. Mr. Rob, as Chris always gave them his best. So in losing While this legislation will not solve the com he was known to the children, also volun Chris, what answers had I found? My friends, plex problems confronting the American fam teered much of his time to various programs life is short. No one can predict when or even at the local YMCA. He also possessed great if we as individuals will be able to impact ily, it is the right place to start. Therefore, I the world in which we live. From my per urge my colleagues to support this legislation. love for an talent in soccer, having competed spective, Chris Baker impacted my life pro In particular, I would encourage the Commit in the sport for much of his life. foundly, my family's lives, as well as the tee on Ways and Means to hold hearings and Christopher Baker spent his life teaching lives of many other children and families in to report out this bill as soon as practicable. and caring for the children in the community. Santa Monica by doing something that he The committee is familiar with these provi Christopher worked full time as a teacher at chose to do, by saying yes to coaching and sions. All I have done is to put them together the neighborhood nursery school. Known to teaching the children. It was not his job, he in a package that could move quickly through the children as Mr. Chris, Christopher, along received no payment. Coaching the children with Rob Cash, provided the nursery school was not a stepping stone to advance his ca the House and Senate and be signed by the reer. He gave of himself because Chris Baker President. The American people are waiting children with the rare experience of having did not have a concept in his life in which he for results. male role models at that level. Following his did not give. Sure, there were plenty of other work each day at the nursery school, Chris things that he could have done with his time topher had a second job as a coach at St. and energy, but Chris' concept of himself in IN HONOR OF RITA MORGAN AND Joan of Arc School teaching athletics. He also cluded giving of himself to help others, and IN MEMORY OF CHRISTOPHER taught tumbling at the YMCA on a voluntary it felt good. BAKER, JULIE DICKS, AND ROB basis. Even more than teaching, however, CASH Christopher loved baseball. Christopher was involved with Santa Monica Little League for CUBAN WOMEN'S CLUB HONORS HON. MEL LEVINE 16 years. He was manager and coach of a TWO MIAMI WOMEN OF CALIFORNIA number of teams throughout those years and IN THE HOUSE OF REPRESENTATIVES took great pleasure in the achievements of all HON. ILEANA ROS-LEHTINEN of his players. He also took time out to give OF FLORIDA Thursday, July 9, 1992 the players extra practice sessions and batting IN THE HOUSE OF REPRESENTATIVES Mr. LEVINE of California. Mr. Speaker, it is practice and to provide transportation to and Thursday, July 9, 1992 with deep sorrow that I rise today to pay trib from the games if necessary. In addition, ute to four young people; three whose lives Christopher played on three different softball Ms. ROS-LEHTINEN. Mr. Speaker, this year were ended abruptly and one who is valiantly teams, one of which plays in the Santa the Cuban Women's Club observed Women's struggling to live. Rita Morgan, Julie Dicks, Monica Men's League. His tory Month with a celebration of achieve Rob Cash, and Christopher Baker were hit by The loss of these three young people who ment and tradition. The club honored two out a drunk driver on the morning of June 7, 1992. made such great contributions to the commu standing Miami women who exemplified com This has been the worst accident in Santa nity is particularly tragic. The families, friends, munity service. The women were Ms. Essie D. Monica's history. coworkers, and countless children and young Silvia and Ms. Arva Moore Parks. Rita Morgan, the group's designated driver, adults whose lives they touched feel a great Ms. Silvia, a woman who helped cultivate has been in a coma since the accident. On loss. They have now rallied together to en cultural unity, was posthumously honored for June 30, 1992, she was disconnected from a courage Rita to continue her struggle for sur her lifetime of achievement. A native Floridian, respirator and began to breathe on her own. vival. Ms. Silvia held many positions throughout her Rita graduated from California State University Julie, Rob, and Chris will be sorely missed. life which enabled her to help the youth of our at Northridge with a degree in physical therapy They provide a vivid reminder of the human Nation. For 15 years, Ms. Silvia acted as the last May. She previously worked as a physical cost of the crime of drunk driving. Congress youth coordinator for Dade County. She orga therapist for the Los Angeles Clippers. In addi must continue to find ways to get drunk driv nized a multitude of recreational, athletic, and tion to her educational and professional ac ers off the road and punish anyone who con job-related activities for the young people of complishments, Rita has been a great asset to tinue to drink and drive. And, I urge my col south Florida. She designed a project for the the community. Her greatest joy has been her leagues to join with me in sending our wishes youth called the Urban Corps, which became community service work as a clown. Rita, also to Rita Morgan and her family for a swift re known as the third largest of its kind in the known as Titi the clown, performed extensively covery in the hope that she may live a long, country. Ms. Silvia's unique talent of uniting with the volunteer organization visiting con healthy, and productive life. people across cultural boundaries was exem valescent homes, children's hospitals and the I would like to submit for the RECORD a copy plified by her founding and producing of the Special Olympics. of the speech given by one of Christopher popular Sunstreet Festival and Parade. As the 18454 EXTENSIONS OF REMARKS July 9, 1992 first black president of women in radio and tel JUANITA MITCHELL DIES AT 79; CIVIL RIGHTS established. Normont Terrace was one of the evision, she was able to highlight Afro-Amer LEADER first public housing communities owned and ican issues in light of the other cultural issues Juanita Jackson Mitchell, 79, a lawyer in operated by this newly created commission. facing south Florida. Ms. Silvia passed away Baltimore for many years who was a pioneer Originally intended as temporary housing for in 1991, so her daughter, Ms. Jolita Dorsett, in the civil rights movement, died July 7 at war workers, Normont Terrace opened on July who is the Tri-City Cultural Center executive the University of Maryland Hospital. 1, 1942. Since that time, this community has A grandson, Clarence Mitchell IV, said director, accepted her mother's honor. Mrs. Mitchell, who had been in poor health been home to scores of low-income families In addition to honoring Ms. Silvia, the Cuban in recent years, was taken to the hospital and continues to provide housing for hundreds Women's Club recognized the outstanding ac yesterday after apparently suffering a heart of people. complishments of Ms. Arva Moore Parks, his attack and stroke at her west Baltimore Throughout the years, the residents of torian and activist. Ms. Parks, a native of home. Normont Terrace have demonstrated excerr Miami, has been a historian of the State of Mrs. Mitchell, a 1932 graduate of the Uni tional pride in their community. They have or Florida for the past 20 years. Ms. Parks both versity of Pennsylvania, entered the Univer ganized a coordinating council and elected records events which occur in south Florida sity of Maryland's law school in the late council officers to oversee community projects and participates in many of them. She has au 1940's, passed the bar examination in 1950 and and activities. In addition, this council has thored several award-winning books and is the became the first black woman to practice law in Maryland. served as a positive and productive force in editor of "Tequesta", a journal produced by She was born in Hot Springs, Ark., and the establishment of a new Nor mont Terrace the Historical Association of South Florida. Ms. came to Baltimore with her family as a community. Recently, Normont Terrace re Park's willingness to give of herself to the child. ceived a technical assistance grant from the community is highlighted by the fact that she Her mother, Lillie Carroll Jackson, was U.S. Department of Housing and Urban Devel donates proceeds from her books to charity. In president of the Baltimore branch of the opment and is entering into the initial phase of 1983, she received the Robert B. Knight. Out NAACP and oversaw all of Maryland's an ambitious resident management training standing Citizen Award, and in 1985, Ms. branches. Mrs. Mitchell worked with her program. This program will empower the com Parks was inducted into the Florida Hall of mother in the civil rights cause for many years and was president of the Maryland munity's low-income tenants to take an active Fame. Conference of the NAACP. roll in the control of their environment. The events for the Cuban Women's Club She was credited with filing the cases that, Mr. Speaker, on this momentous occasion I were organized by its chairperson, Eugenia in the wake of the Supreme Court's 1954 rul congratulate the Housing Authority of the city Rivero Sierra and its coordinators, Mercy Diaz ing on segregation in public schools, deseg of Los Angeles on 50 years of providing qual Miranda and Dolores F. Rovirosa. Ms. Mi regated public schools in Maryland. ity housing for the residents of Normont Ter randa was also the mistress of ceremony for Her husband, Clarence Mitchell Jr., who race. I also congratulate the residents and co the event. died in 1984, was a nationally known civil ordinating council of Normont Terrace on the rights leader because of his longtime role as 50th anniversary of their community. My wife, Washington lobbyist for the NAACP. Mrs. Mitchell was the first national direc Lee, joins me in wishing them continued years A SPECIAL TRIBUTE TO JUANITA of growth, development, and success in their JACKSON MITCHELL tor of the NAACP's youth and college divi sion. ventures. In a statement issued last night, Benjamin HON. LOUIS STOKFS L. Hooks, executive director of the NAACP, OF OHIO called her "one of the greatest freedom fight A TRffiUTE TO JULIA CUDDEBACK IN THE HOUSE OF REPRESENTATIVES ers in the history of Maryland and the na KENISTON, M.D. Thursday, July 9, 1992 tion." "She was a strong proponent of civil rights Mr. STOKES. Mr. Speaker, I was saddened HON. BENJAMIN A. GILMAN and truly was a leader, never losing her vi OF NEW YORK to learn of the recent passing of Mrs. Juanita sion in what she believed," the Associated Jackson Mitchell. Mrs. Mitchell, a Baltimore Press quoted Maryland Gov. William Donald IN THE HOUSE OF REPRESENTATIVES lawyer and pioneer in the civil rights move Schaefer as saying. " She was an inspiration, Thursday, July 9, 1992 ment, died on July 7 at the age of 79. With a fighter, and she never deviated from her Mr. GILMAN. Mr. Speaker, it is an honor to her passing, our Nation has lost a great lead principles.'' bring to the attention of all our colleagues the Survivors include a sister, Bowen Jackson er. of Baltimore; a brother; Virginia Jackson dedicated service of Dr. Julia Cuddeback Juanita Jackson Mitchell was a dynamic in Kiah of Savannah, GA.; four sons, Clarence Keniston at Mercy Community Hospital, Port dividual who accomplished a great deal during Mitchell III, Michael Bowen Mitchell, George Jervis, NY. Dr. Keniston will be retiring this her lifetime. She graduated from the University Davis Mitchell and Keiffer Jackson Mitchell, year after 45 years of service. of Pennsylvania and Maryland School of Law. all of Baltimore; 15 grandchildren; and two Dr. Keniston started her career as a mem Juanita Mitchell was admitted to the bar and great-grandchildren. ber of the medical staff of Mercury Community became the first black woman to practice law Hospital in June 1947. Throughout her 45 in the State of Maryland. She also served as years of service, Dr. Keniston has served President of the Maryland Conference of the A CONGRESSIONAL SALUTE TO meritoriously as president of the medical staff, NAACP where she was credited with filing NORMONT TERRACE AND THE vice president of the medical staff, secretary cases that led to the desegregation of public HOUSING AUTHORITY OF THE treasurer of the medical staff, chief of pediat schools throughout Maryland. CITY OF LOS ANGELES rics, and various other committees. Those who knew Juanita Jackson Mitchell Dr. Keniston has served our community will remember her as a pioneer, a strong lead HON. GLENN M. ANDERSON faithfully for 45 years and has earned the ad er, and a determined individual. She was a OF CALIFORNIA miration of those people she has been associ woman I greatly admired and she was a good IN THE HOUSE OF REPRESENTATIVES ated with over her career. Dr. Keniston's re friend. I was also privileged to maintain a tirement is a great loss not only to the staff close friendship with her husband, Clarence Thursday, July 9, 1992 and patients of Mercury Community Hospital Mitchell, Jr., during his lifetime. Clarence was Mr. ANDERSON. Mr. Speaker, on Saturday, but to our Nation. Dr. Keniston's service to our a well known civil rights leader whom friends July 18, 1992, the community of Normont Ter community is a perfect example of a person and associates affectionately referred to as race will celebrate its golden anniversary. On dedicating her life to the betterment of society. the "100th Senator." behalf of the residents of Normont Terrace Her unselfish actions will be sorely missed Mr. Speaker, I extend my deepest sympathy and the Housing Authority of the city of Los and I would hope that she is a role model for to the Mitchell family upon the loss of Juanita Angeles, I would like to share with you the younger people in our country to serve in Jackson Mitchell. She lives on in our hearts roots of this unique and very special commu some capacity their communities. and will never be forgotten. I want to share nity. Mr. Speaker, I invite my colleagues to join with my colleagues Juanita Mitchell's obituary One year following President Roosevelt's me in honoring Dr. Julia Cuddeback Keniston as it appeared in the July 8, 1992, edition of signing of the Housing Act of 1937, the Hous for her service to her community, and wishing the Washington Post. ing Authority of the city of Los Angeles was her a long and fruitful retirement. July 9, 1992 EXTENSIONS OF REMARKS 18455 NATIONAL INVENT AMERICA! degradable golf tee that fertilizes the lawn, old high school senior who was tragically slain WEEK and a remember clock to help Alzheimer's vic in Los Angeles on June 17. I do so with deep tims with their daily needs. The first national regret and anger. Alfred's family, community, HON. BIU LOWERY prize in 1987 went to a young man from and the Nation have lost a loving son and OF CALIFORNIA Brooklyn, NY for his invention, the Swivel brother, loyal friend, and a promising young IN THE HOUSE OF REPRESENTATIVES Head Rest. As he explained to David leader. Letterman on the late night talk show, his in Thursday, July 9, 1992 vention was designed for people to rest their Alfred was celebrating the achievement of Mr. LOWERY of California. Mr. Speaker, it head without falling over when sleeping on an reaching the conclusion of his senior year of is with great pride that I rise today with three airplane. high school with his classmates when his life of my distinguished colleagues to introduce This summer, Invent America! will again was taken by senseless violence. While hav legislation designating the week of July 19 bring its 45 regional finalists to Washington, ing lunch with his friends in a McDonald's near through July 26, 1992, as National Invent DC, to showcase their ideas and to celebrate campus, Alfred was fatally shot after refusing America! Week. Invent America! is a nation the 1992 competition. Among this year's final to surrender his compact disc player to two wide program which encourages young inven ists are two Californian's: Brian Nowell of unidentified robbers. It is a pathetic statement tors in kindergarten through 8th grade to de Spring Valley and Michael Chan of Monterey on the breakdown of our society's value sys velop problemsolving and advanced thinking Park. Brian is in first grade and calls his inven tem when this kind of senseless, random vio skills by sponsoring State, regional, and na tion, the "Speedee Seeder." He has designed lence occurs over something as insignificant tional invention programs and competitions. In a gardening tool that makes holes in the as a CD player. vent America seeks to inspire in our youth ground-at just the right planting depth-with what has always made America great: innova out the usual dirt under the fingernails. Mi Alfred was an extraordinary young man, and tion, imagination, and excellence. chael's entry is a tri-level commuter car train left a remarkable and memorable impression Where are the ingenious inventors of yester called CATS that can transport both the com upon all whose lives he touched. He exempli day, people like Thomas Edison, Alexander muter and his or her car to and from work. Mi fied academic excellence. Alfred received a Graham Bell, Eli Whitney? Where are all the chael knows that sometimes you need your Principal's Award for merit, and was a mem gadgets and machines-the cotton gin, the car for errands during and after work. As ber of the Science Club at Paramount High electric light bulb, the phonograph-that made these kids so aptly demonstrate, American in School, from which he was to graduate a day life simpler as well as more fun and put genuity is not lost. after his tragic death. He served as a congres money in our national pocket to boot? The in The highlights of Invest America! Week are sional youth representative in 1991. Alfred ventive spirit in America is not gone, but as a the annual congressional ice cream social and was an outstanding athlete, starring on the Nation we have been resting on our laurels. the national awards ceremony announcing the football field and on the track team. The Uni Stories about how America is losing its tech nine best student inventors in America. I invite versity of California at Los Angeles, where Al nological edge have become all too common all of my colleagues to come out and meet the fred was scheduled to enroll as a scholarship in recent years. Today it is imperative that we pioneers of tomorrow in 2 weeks. In addition, winner this fall, was deprived of these and focus the Nation's attention on the critical pur the winning entries will earn a distinguished many other talents that Alfred had to offer. In suit of ideas in a global marketplace where exhibitions spot at the Smithsonian Institution's the words of a school administrator, Alfred America no longer is considered the undis National Museum of American History in "was truly an all-American young man." puted leader. Washington, DC. To respond to these developments, Invent Mr. Speaker, Invent America! has the enthu His leadership reached all segments of his America! was launched in 1987 by then-Vice siastic support of the U.S. Departments of community. He was respected and admired by President George Bush-who remains honor Education and Commerce, as well as the Na his peers. As a friend commented, "He always ary chairman-and the United States Patent tional Science Foundation. In fact, Invent cheered you up," and was well known for his Model Foundation, a private nonprofit organi America! was singled out for recognition from "ready smile and ready laugh." As his friends zation enjoying generous support from good among 140,000 such programs in the Sec mourned his passing many grieved that they corporate citizens like Polaroid, Kmart, 3M, retary of Education's special report to the lost a positive role model for whom they held and Pepsi, and private contributors. President, "America's Schools: Everybody's much admiration. Business." This successful public-private part Invent America! invites students to create, to Alfred's death must spark a recommitment nership is proof that government and industry explore their dreams, and to improve life for to the fight for hope in our cities, safety for our themselves and their country. As we in Con can work together, hand-in-hand, with tremen citizens, and opportunity for young people like gress continue to wrestle with excruciating dous results. Alfred who represent the best hope for our budget decisions, Invent America! offers this Invent America! shows what our children will Nation's future. His murder is yet another re program to more than 87,000 schools free of offer our future if properly motivated and chal minder of the terrible price the residents of the charge. They provide the materials, educator lenged. Creativity builds creativity and this pro training, and support to establish invention gram embodies the idea that the objective in inner city are paying for our failure to protect programs to every classroom, and administer life is not to pass, but to surpass. Congres the public safety and ensure law and order. an invention competition at the State, regional, sional recognition of Invent America! Week They are on the front lines of the war being and national level. This simple yet brilliant pro draws attention to a program that works by waged between law enforcement and the law gram touches the lives of 15 million young harnessing the boundless energy of the mind. breakers in our society. people each year and recognizes the impor I urge all of my colleagues who envision a While there is no question that job opportu tance of nurturing curiosity and spreading the bright and challenging future, who can see the nities and economic growth must be a fun joy of discovery throughout the United States. potential in young minds, and who want to en damental part of any program to improve the Invent America! succeeds because it allows sure that our young people are prepared to quality of life for inner city residents, our first students to learn and have fun at the same meet the future's challenges, to support this priority must be to stop the killing and violence time. Last year more than 300,000 students resolution. We need to further encourage the which has become part of every day life for from California and millions more nationwide young dreamers, discoverers, and doers many of its residents. entered the competition with ideas as diverse among us. Our future rests with them. To these ends, we must commit ourselves as an assist-a-chef apron, battery-powered ski today, and every day, to honoring the memory lights, disposable bibs, and a devise which ex IN" MEMORY OF ALFRED CLARK of Alfred Clark with the same sense of duty to tracts prizes from cereal boxes with uncanny our responsibilities as elected leaders, and speed. Three years ago, I was delighted when HON. MEL LEVINE with the strong sense of kindness, that he car a student from my district became one of the OF CALIFORNIA ried on in his life during his 17 years. regional finalists. Her roadside accident screen IN THE HOUSE OF REPRESENTATIVES is but one shining example of the tremendous I ask my colleagues to join with me in send potential Invent America! unleashes. Thursday, July 9, 1992 ing my deepest sympathies to Alfred's family, National prizes in past years have gone to Mr. LEVINE of California. Mr. Speaker, I rise his classmates and other members of his a puddle detecting cane for the blind, a bio- today to pay tribute to Alfred Clark, a 17-year- community who grieve his loss. 18456 EXTENSIONS OF REMARKS July 9, 1992 FACILITATING THE USE OF ENVI- technology development projects in "cooper the Interagency Group, which evaluates the RONMENTALLY SOUND TECH- ating countries." program and suggests additional legislative Section 3. Important definitions: "Cooper or administrative actions. NOLOGY WORLDWIDE ating countries" are developing and transi Section 7. Existing international tech tional countries with sufficient scientific in nology cooperation projects which are quali HON. Bill GREEN frastructure to share research activities and fied to be ADEPT projects may be funded OF NEW YORK project costs, such as many countries in under the ADEPT program. Latin America and the Warsaw Pact; "Na Section 8. The program is authorized to be IN THE HOUSE OF REPRESENTATIVES tional laboratory" means a DOE multi-pur funded at $14 million for FY 1993, $18 million Thursday, July 9, 1992 pose laboratory, including the 11 listed; for FY 1994, $22 million for FY 1995, $27 mil "Qualified foreign organization" means ap lion for FY 1996 and $30 million for 1997. Mr. GREEN of New York. Mr. Speaker, propriate foreign businesses, foreign edu today it is my pleasure to introduce legislation, cational and international institutions. along with Representatives BILL RICHARDSON, Section 4. Summary of purposes: (1) to in INTERNATIONAL CONFERENCE STEVEN SCHIFF, and JOE SKEEN, that would crease participation in and enhance the po FOR A FREE VIETNAM establish the "Assisting Deployment of Energy tential of the national laboratories in tech and Environmental Practices and Tech nology cooperation to benefit the global en vironment (2) to ensure adaptation of HON. WAYNE T. GILCHREST nologies" Program [ADEPT] at the Department ADEPT technologies and creation of new OF MARYLAND of Energy. The objective of this bill is to en markets by early involvement of and cost IN THE HOUSE OF REPRESENTATIVES able the Department of Energy national lab sharing with the private sector and foreign oratories to use their expertise to adapt envi partners. Thursday, July 9, 1992 ronmentally sound technologies to the needs Section 5. How ADEPT projects are en Mr. GILCHREST. Mr. Speaker, I would like of developing countries who request assist couraged, proposed, reviewed and funded: The Secretary authorizes the national lab to call to the attention of our colleagues the ance. oratories, in coordination with U.S. and co activities of the Vietnamese Council for a Free As a congressional observer to the recent operating country partners, to negotiate, de Vietnam and the American Committee for a U.S. Conference on Environment and Devel velop and present proposals for ADEPT Free Vietnam. Members of these organiza opment, the "Earth Summit" in Brazil, I am es projects. The project proposals should in tions sponsored an International Conference pecially pleased to champion this legislation in volve the laboratories in developing cost-ef for a Free Vietnam in Washington, DC, on the House, as an essential step in implement fective technology to solve environmental June 29, 1992. More than 300 Vietnamese, ing goals expressed at that conference. and energy related environmental problems Americans, Canadians, Australians, and Euro Under this bill, the DOE national labs would in cooperating countries. Project may also be cooperation supporting activities such as peans gathered to discuss human rights in provide leadership in soliciting, reviewing, and a clearinghouse, or technology demonstra Vietnam. - funding development proposals from officials tions to provide information on energy and At this point I wish to enclose in the RECORD of foreign countries. In addition to national lab environmental technology alternatives to the minutes from the conference, and the re scientists, DOE would draw from the skills and potential ADEPT partners in the U.S. and ports adopted by the members of the con knowledge of representatives of U.S. busi abroad. Officials of foreign countries-in ference: nesses and industry, educational institutions, cluding appropriate scientists and planners representatives from industry, educational REPORT ON THE INTERNATIONAL CONFERENCE governmental agencies, and nonprofit organi ON VIETNAM HELD ON JUNE 29, 1992, AT THE zations to create environmentally should tech institutions, non-governmental organiza tions or any governmental agency may also SENATE DIRKSEN OFFICE BUILDING AUDITO nology for developing nations. At a time when submit proposals. Small business proposals RIUM, WASHINGTON, DC. the United States is making the transition from shall be given preference as in previous tech The conference was called to order at 12 a defense-oriented to a peacetime economy, nology transfer legislation. noon by Co-Chairman Dr. Le Phuoc Sang. this legislation will go far to accomplish that An intra-DOE Management Panel, an Welcoming remarks were made by the Co aim. Interagency Working Group and non-govern Chairman, Ambassador William E. Colby. As this effort is a global one, I believe the mental business and scientific reviewers will Remarks were also made by the Honorable Allen Rocher, M.P. Federal Australian Par costs as well as the benefits should be advise the Secretary on project assessment and approval. These groups will also help to liament, Mr. Saad al-Jabr, Chairman, Iraqui shared. This legislation will require, where fea coordinate projects within the government, Opposition Forces Council and messages sible, that program participants share at least with foreign nations and organizations and from former Presidents Nixon, Carter and half a project's cost. Foreign governments or with U.S. business and educational institu Reagan were read by Ambassadors Colby, other qualified foreign organizations, non-Fed tions. The Management Panel, chaired by Lehmann and Rear Admiral Earl Yates, USN eral governmental agencies, U.S. business or the Secretary's designee and composed of the (Ret.). Mr. James Shafer, Associate Director educational institutions will all be required to national laboratory directors and appro of the Office of Public Liaison of the White contribute to the funding of ADEPT projects. priate DOE officials, will oversee and sup House and the Asian-American Deputy As The bill authorizes funding for the program at port the ADEPT program. This Panel will sistant Secretary from the Department of also, as necessary, implement policies to the Interior brought greetings of the Bush $14 million for fiscal year 1993, increasing protect intellectual property rights. The Administration. gradually to $30 million by 1997. Working Group, comprised of the Secretary's The reports of the Political Issues, Human The ADEPT Program has the potential to designee and representatives from the De Rights and Religious Freedoms and Social take the fertile seeds sowed at Rio and bring partment of Commerce, EPA, U.S. A.I.D., and Economic Reconstruction Committees forth a fruitful crop of sustainable develop OSTP, the NSC and other federal agencies were read by Ambassador Wolf Lehmann, ment. I urge my colleagues to cosponsor. the Secretary deems appropriate, is respon Rev. Andrew Nguyen Huu Le and Rear Admi A section-by-section summary of the sible for ranking the project proposals and ral Earl Yates, USN (Ret.). A lively discus ADEPT Program legislation follows: integrating information from their respec sion ensued with many of the 300 attendees tive jurisdictions. participating. The reports, with minor SUMMARY OF PROPOSED DEPARTMENT OF EN In any case feasible, the Secretary is to re amendments, were unanimously adopted. A ERGY NATIONAL LABORATORY INTER quire 50 percent non-federal funding of copy of the reports is attached. NATIONAL ENERGY AND ENVIRONMENTAL ADEPT projects. This non-Federal share At 4 p.m. speechmaking by Members of TECHNOLOGY DEVELOPMENT ACT may come partially or wholly from any one Congress and other dignitaries commenced. Overview (sections 1 & 2): This bill estab of the following: foreign government or other Dr. Z. Michael Szaz from the U.S. Joint Con lishes the "Assisting Deployment of Energy qualified foreign organizations, including gressional Task Force introduced Mr. Stan and Environmental Practices and Tech businesses and educational institutions or ley Roth, Counsel, House Subcommittee on nologies" program within the Department of international organizations, U.S. business or Asian and Pacific Affairs, representing his Energy. The bill authorizes and directs the educational institutions or non-Federal gov Chairman, Rep. Stephen Solarz who had to DOE national laboratories to take the lead ernmental agencies. The bill also encourages remain in New York. He was followed by in addressing global environmental and en coordination and cost-sharing with other Rep. Dana Rohrabacher (R., Ca.), a member ergy issues. The program establishes a mech federal programs-but it requires that of the Task Force, by Rep. David Skaggs (D., anism to coordinate the laboratories with ADEPT programs be managed independently Colo.), and Mr. John Summer, Executive Di other government agencies, private busi of foreign assistance programs. rector of the Washington office of the Amer nesses, industries and educational institu Section 6. The Management Panel will pre ican Legion. The next speaker was the Exec tions, to promote environmentally friendly pare a "consolidated plan", with input from utive Director of the Congressional Human July 9, 1992 EXTENSIONS OF REMARKS 18457 Rights Caucus, Ms. Alex Arriaga, represent dealing in good faith with the United States military forces in southern Turkey. This deci ing the ranking Democratic member of the in efforts to resolve the fate of Americans sion was heroic, given the possibility of Iraqi House Subcommittee on Asian and Pacific missing in action during the Vietnam war. Affairs, Rep. Tom Lantos, who also was in In recognition of these realities and dedi retaliation. The agreement was first extended New York on that day hosting a delegation cated to the cause of freedom and democracy through June 1992 with the Understanding of the European Parliament. General Erle in Vietnam- that, because Turkey is a parliamentary de Cocke, USA (Ret.), former National Com The International Conference for a Free mocracy, additional extensions would have to mander of the American Legion also made Vietnam meeting in Washington, DC on June be approved by Parliament. remarks to the conference. Before introduc 29th, 1992 Mr. Speaker, many of us in the Congress ing the other speakers, Dr. Szaz gave a short 1. Calls for prompt action to restore human are pleased that our Turkish friends in Par outline of the objectives and activities of the rights to the Vietnamese people to include liament voted decisively this month to extend but not limited to: U.S. Joint Congressional Task Force. There the agreement authorizing support for Oper upon short remarks were made by Senator Release of all political prisoners regardless Charles Robb (D., Va.). Around 5:30 p.m. the of where they are incarcerated and cessation ation Provide Comfort. This vote, the most re Republican co-chairman of the U.S. Joint of arbitrary arrests and harassment for po cent example of Turkey's cooperation with the Congressional Task Force, Rep. Wayne T. litical reasons; West, will encourage stability in the region and Gilchrest delivered a speech on U.S.-Viet Freedom of speech and expression; give new hope to tens of thousands of people. namese relations praising the commitment Freedom of the press; This reaffirmation of support for Operation of the overseas Vietnamese community. Fi The right to form political parties and Provide Comfort underscores Turkey's impor nally Senator John Seymour, the sponsoring meet in peaceful assembly; tance in the region. Turkey, whose coopera Freedom of religion; Senator, sent a representative to excuse his tion was essential to the success of the inter absence and to assure the conference of his 2. Declares that Article IV, which in the wholehearted support. The Senator was in present Constitution of Vietnam reserves all national coalition during the gulf crisis, will California on that day. political activity and power to the Com play a crucial role in building a peaceful future. Co-Chairman Dr. Le Phuoc Sang then out munist Party, must be rescinded and re Turkey is a good role model, not just for the lined the program for a Coalition of Viet placed by a provision for a multi party polit newly independent republics of the former So namese, American and International forces ical system. Along with this constitutional viet Union, but for the Arab world as well. for a Free Vietnam which would not only in change there should be a timetable for free Committed to the idea of peace through great clude lobbying efforts to promote freedom elections, monitored by international ob er economic cooperation and trade, Turkey re and democracy in Vietnam, but the organiza servers, and held after an interim period to tion of human rights and religious freedom permit the organization of political parties cently hosted leaders of 11 nations, including committees on local, country and inter and allow them to conduct election cam those of six former Soviet republics, to sign a national levels and charitable projects to paigns without restrictions on speech, free Black Sea economic cooperation declaration. help the needy in the refugee camps and in dom of the press, access to media and peace Included in the group were Armenia and Azer Vietnam. ful assembly. baijan, two countries at odds over Nagorno At the end of the session, it was unani 3. Calls on Vietnamese communities in Karabaugh. mously resolved to declare the formation of exile and governments of free and demo Mr. Speaker, Turkey's decision to extend a Coalition of Vietnamese," American and cratic countries everywhere to support by all the Operation Provide Comfort agreement will International Forces for a Free Vietnam de peaceful means at their disposal the Viet sirable and to charge the Vietnamese Coun namese people in Vietnam in the struggle for give Iraqi Kurds new hope. Turkey's decisive cil for a Free Vietnam to establish such a freedom and democracy in their country. stand is a reminder that the West can count Coalition trying to include all forces sharing 4. Urges governments of democratic coun on Turkey and that it will play an increasingly the common objective: a free and democratic tries to refrain from any actions which important role in regional and world affairs. Vietnam. The resolution also called for the would serve to strengthen the political posi opening of a permanent headquarters in tion of the regime in Hanoi, a dictatorship Washington, DC. Dr. Le announced that ten which rules without the consent of the gov SIXTH DISTRICT SCHOOLS RE national non-Vietnamese councils from Eu erned. CEIVE STATE TITLES OF ACA rope have already announced in fax messages 5. Requests the United States Government DEMIC EXCELLENCE IN ATHLET their willingness to join and Rear Admiral and other governments whose citizens have ICS Earl Yates, USN (Ret.) announced that 24 or given their lives for the cause of freedom in ganizations represented at the conference al Vietnam to insure that their policies toward ready signed up for the Coalition before the the present regime are not forgetful of con HON. HOWARD COBLE end of the meeting. tinued repression of human rights and politi OF NORTH CAROLINA The meeting ended at 6:20 P.M. cal liberties in Vietnam, and that genuine IN THE HOUSE OF REPRESENTATIVES normalization of relations cannot occur [The International Conference for a Free until there are clear and irreversible steps to Thursday, July 9, 1992 Vietnam] restore freedom and democracy to the Viet Mr. COBLE. Mr. Speaker, recently two REPORT OF THE POLITICAL COMMITTEE (AS namese people. schools from the Sixth District of North Caro 6. Invites attention to the report of the AMENDED DURING THE DEBATE AT THE CON lina achieved State titles of academic excel FERENCE) Committee on Human Rights and Religious Freedom and its recommendations. lence in athletics. This award is presented to As Communist dictatorships collapse all the teams with the highest academic averages over the world Vietnam remains, as one re cent newspaper headline put it: "The Land in our State among class 1A-4A girls' and that Freedom Forgets". OPERATION PROVIDE COMFORT boys' basketball teams. I am proud to con The country is ruled by a closed group of gratulate these two teams who have dem Communist ideologues who make decisions HON. BENJAMIN A. GILMAN onstrated leadership and excellence both on affecting the lives of millions in secret con OF NEW YORK and off the court. clave. The so called constitution confers a IN THE HOUSE OF REPRESENTATIVES The girls' winner is Central Davidson High monopoly of power on the Communist Party. School basketball team with a team academic Modest steps toward economic liberaliza Thursday, July 9, 1992 average of 3.68. The players who achieved tion have not been matched by even minimal progress toward political liberalization. On Mr. GILMAN. Mr. Speaker, following the gulf this tremendous feat include Charlotte the contrary, multiplying reports of arbi war, the world was faced with a refugee crisis Hedrick, Kim Reagan, Keesha Scott, Sandy trary arrests, imprisonment and harassment when Iraqi Kurds, fearing their fate at the Tysinger, Elizabeth Crook, Carrie Garner, of anyone voicing even mild dissent or, in hands of a defeated dictator, fled to the bor Shelly Peters, Jacqualine Black, Mandy some cases, associating with foreigners indi ders of Iran and Turkey. As a response, the Everhart, Holly Lookabill, Anna Brady, and cate that the regime remains firmly commit allies established a security zone in northern Michelle King. They are coached by head ted to a course of political repression. Iraq and encouraged Kurds to return to their coach Danny Davis and his assistant Danny Political prisoners continue to be held in camps and other prisons. Religious liberty homes. The United States, with international Robertson. Assistants and volunteers include has not been fully, restored. President cooperation, organized a relief effort which be Jimmy Beck, Don Palmer, and Tia Grubb. Yeltsin's recent statement and General came known as Operation Provide Comfort. In Congratulations to Principal D. Bert Wagner Vessey's testimony to the Congress make it order to facilitate this operation, the Turkish and all of the faculty, staff, students and fans clear that the regime in Hanoi has not been Government agreed to station United States of Central Davidson High School. 18458 EXTENSIONS OF REMARKS July 9, 1992 The boys' winner is the Ledford Senior High Ada Rosenschein has been described by Riley. The couple was united at the Jericho basketball squad with a team academic aver her friends and family as a 4-foot 9-inch dy A.M.E. Church where Daniel served as a trust age of 3.47. These outstanding student ath namo, a liberated woman, a businesswoman ee. Since that time, Daniel and Cornelia have letes include Adam Craven, Ryan Christian, always interested in the day's events-espe shared their love with 10 children: Agnas, Brian Hege, Matt Ridge, Brett Speight, Scott cially business issues. As a young woman, Bunyan, Georgia, Jim, Julia, Leta, Marie, Paul, Dunbar, Matt Jacobs, Steve Haskins, Scott Ada worked at Bloomingdales in New York as Rebecca, and Sarah Ann. Newton, Jason Reich, T.G. Smith, and Jason a buyer of children's wear. Later, she owned Mr. Speaker, over the years, the Sojourner Younts. Head Coach Robert Kent and Burke and managed her own store on Madison Ave Cousins have used their family reunions as Miller were aided by a number of volunteers nue, "Ada's Inc.... " From Pram to Prom. outlets for exercising their musical talents. and assistants including Scott Young, Michael During her busy life with family and friends, During their reunions, they engage in spiritual Martin, Chad Bowman, Erin Smith, Angela she still found the time to travel to Europe on devotional services, thereby remembering their Chamberlain, Chris Curry, and Stuart Hunter. buying trips with the knowledge that her shop deceased and sick ones with prayers and gos Ledford Principal Max T. Cole and all of the would have the most current in style and pel songs. faculty, staff, students and fans of Ledford trends for children and teens. The Sojourner Cousins work together and Senior High School can take pride in the bas Ada Naftal grew up with her two brothers, assist each other at church; and they are well ketball team's accomplishment. Wesley and Adrian Naftal, in New York City. known for sponsoring concerts and donating In fact, the entire Sixth District is proud of She attended Hunter College and married the proceeds to the church members. God has the young men and women who have David Rosenschein in 1917. They raised a truly blessed this family with the ability to achieved this most admirable status. Con lovely family of two children, Jane sponsor benefits, and has enabled them to gratulations to all those involved. Rosenschein Lane, and Robert Rosenschein. travel around the country utilizing their musical Unfortunately, tragedy struck the talents at other churches. Rosenschein's during World War II when Rob Presently, the Sojourner family members THE lOTH ANNIVERSARY OF THE ert, a member of the Army Air Corps, did not are researching information to complete the FREE THEATER PROJECT IN survive a plane crash while on a test flight in development of their family tree. The Sojourn NEW YORK CITY the United States. In 1960, Ada lost her ers are striving to collect, create, and preserve daughter, Jane, to cancer. their heritage of artifacts, heirlooms, and keep HON. TED WEISS In early 1960's Ada and David moved to the sakes as they are passed from one generation OF NEW YORK west coast and set up household. Sadly, to the next. The family surname of Sojourner IN THE HOUSE OF REPRESENTATIVES David Rosenschein passed away in 1963. In will continue to be honored by generations yet the meanwhile, Ada had an office at the Cali unborn. Thursday, July 9, 1992 fornia Apparel Mart in downtown Los Angeles. The Sojourner Cousins, near 25 strong, is Mr. WEISS. Mr. Speaker, I would like to Here she continued her business interests as home-based at the New Bethel A.M.E. Church share with my colleagues a very special event a manufacturer's representative of children's in Germantown, with members at Triumph, that I will soon have the pleasure of participat wear. Ada retired at the age of 89. Foster Memorial, and Vine Memorial Baptist ing in. Throughout all her endeavors, Ada has en Churches in Philadelphia. On July 16, 1992, I will have the privilege of joyed the love and support of her family, espe Mr. Speaker, today, July 11 , 1992, the So introducing actors Eli Wallach and Anne Jack cially that of her grandchildren and great journers will celebrate their 13th Family Re son who will be offering a special performance grandchildren. They are: Patricia Lane Greene union. The Sojourner Cousins offer these valu to celebrate the 1Oth anniversary of the Free of Woodinville, WA, and husband Gary Green, able words of inspiration: "We love the Lord, Theater Project in New York City. parents of Gregg; Robin Lane LaBonge of and He's our strength. With His blessings we Ten years ago, Stanley Eugene Tannen Irvine, CA, and husband Denis LaBonge, par shall continue on praising His name in gospel founded the Free Theater Project to promote ents of Lindsay and Kevin; Jack H. Lane Ill of songs, until God calls us home." the arts, literacy, and cultural democracy. He Dunwoody, GA, and wife, Deborah, parents of Mr. Speaker, it is a tremendous honor for has done so by bringing internationally re Brent, Todd, and Chad. me to present this family to my colleagues. nowned writers, actors, musicians, and other I am pleased to join Ada's loving family as The Sojourners have given themselves to their artists to his theater to perform free for the they celebrate the wondrous occasion of the churches and to their community. I ask my public. The remarkable success of his efforts 1OOth anniversary of her birth. I whole colleagues to rise and join me in extending have allowed thousands of people who might heartedly ask my colleagues in the U.S. our best wishes and future success to the So never have had the opportunity to attend the House of Representatives to join me in salut journer Cousins. theater to enjoy some of the finest perform ing this fine lady, Ada Rosenschein. ances available anywhere. The remarkable array of talent that has per MEDICAID PRESCRIPTION DRUG formed, or had its works performed, at the A TRIBUTE TO THE SOJOURNER PRICING Free Theater Project is testament to the ex COUSINS: THE FAMILY HISTORY traordinary success of the theater. At a time HON. JIM SLATIERY when the arts are under assault for being a HON. LUCIEN E. BLACKWEll OF KANSAS luxury the Nation can do without, the Free OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES Theater Project has demonstrated the ability IN THE HOUSE OF REPRESENTATIVES of the arts to educate and enrich all of our Thursday, July 9, 1992 lives. Thursday, July 9, 1992 Mr. SLATIERY. Mr. Speaker, today I am in Mr. BLACKWELL. Mr. Speaker, I rise today troducing legislation to address a serious to pay tribute to a truly remarkable family: the problem that has developed as a result of ef ADELAIDE ''ADA'' ROSENSCHEIN Sojourner Cousins. The Sojourner Cousins forts to help lower the cost of prescription CELEBRATES lOOTH BIRTHDAY have delighted audiences for 13 years. They drugs for State Medicaid programs. have performed many concerts and have In the last Congress, I was an original co HON. MEL LEVINE made guest appearances locally and nation sponsor of H.R. 5589, the Medicaid Prescrip OF CALIFORNIA wide rendering selections that are soul-stirring tion Drug Fair Access and Pricing Act of 1990. IN THE HOUSE OF REPRESENTATIVES and enriching old-time favorites, basic hymns, This bill was an attempt to provide States with and contemporary gospel. an opportunity to design their own price nego Thursday, July 9, 1992 The Sojourner clan began in Denmark, SC, tiating plan for prescription drugs and was in Mr. LEVINE of California. Mr. Speaker, I rise which is located south of Orangeburg, north of tended to encourage State-level Medicaid ad today to honor a lifelong family friend and Bamberg, between the South and North Fork ministrators to drive harder bargains with drug great American, Adelaide "Ada" Rosenschein, Edisto River. manufacturers. The core provisions of H.R. as she celebrates her 1OOth birthday on July Daniel Sojourner, a sharecropper put the 5589 were included in Public Law 101-508, 14, 1992. wheels into motion when he married Cornelia the Omnibus Budget Reconciliation Act of July 9, 1992 EXTENSIONS OF REMARKS 18459 1990 [OBRA 1990]. A specific goal was to ob above, I will be pleased to work with my col I also support reforms to the program integ tain the same sharp discounts on drugs for the leagues to develop a comprehensive solution rity provisions of the bill, part H. Part H re Medicaid Program that often were obtained by to this pressing problem. quires each State to designate a postsecond hospitals, health maintenance organizations ary approving agency that would be respon [HMO's], long-term-care pharmacies, group sible for the review and approval of institutions purchasing organizations [GPO's], and even THE IDGHER EDUCATION ACT of higher education with the State. another Federal agency, the Department of AMENDMENTS Specifically, the legislation establishes a Veterans Affairs [OVA]. Under the OBRA 1990 two-tier system for reviewing the eligibility of amendments, essentially, manufacturers were HON. CASS BALLENGER institutions. An initial review is done by the required to provide drugs to Medicaid at the OF NORTH CAROLINA Secretary of Education based on a list of ten best price available in the market. IN THE HOUSE OF REPRESENTATIVES criteria including the institution's default rate, the amount of title IV funding it receives, and Unfortunately, implementation of the OBRA Thursday, July 9, 1992 1990 provisions prompted many drug manu the number of student complaints. If an institu facturers, to significantly increase prices Mr. BALLENGER. Mr. Speaker, I want to tion passes all of these criteria, the state takes charged to hospitals, HMO's, and others, in comment briefly regarding to the Higher Edu no further action; however, should a school fail cluding OVA, who were already receiving dis cation Act amendments [HEA]. I supported one of these, a deeper review is undertaken. count~learly not what Congress intended passage of the conference report to the HEA Under deeper review the State judges the in nor the type of behavior the drug companies because the legislation is important to stu stitution based on such criteria as the quality had promised. Because prices charged to dents across the country who depend on Fed and content of the school's courses on pro these large purchasers, such as the OVA, eral student aid; however, my support was re grams, the adequacy of space, equipment, were often the best prices offered on drugs, luctant. Specifically, I am concerned with the personnel and student support services, and these manufacturers dramatically increased provision of the bill that establishes a direct enforcement of attendance and academic the prices charged to OVA in order to avoid loan demonstration project. First, let me ex progress standards. Should the school not being required to significantly lower prices plain why I supported the bill. meet the second list of criteria, the state may charged to Medicaid customers. Some esti As approved by the House, the HEA in work with the school to come into compliance mates place the cost of the price hikes to the cludes provisions that will assist institutions of or the state will disapprove the school and the OVA alone at roughly $150 million per year. higher learning in establishing teacher training institution will be terminated from participation These price hikes are increasing prescription programs, improving library resources, and de in title IV programs. Finally, the bill places strict requirements on drug costs to consumers at a time when veloping new education and information serv eligibility under title IV for proprietary school. health care costs are already soaring. ices programs. In addition, the bill reauthorizes Specifically, to be eligible, a proprietary school I believe that this is the kind of abuse that valuable programs at historically black col can receive no more than 85 percent of its OBRA 1990 was designed to stop. I have co leges and universities. revenues from under title IV, and requires sponsored H.R. 2890, legislation that would The major goal of the bill, however, is to re these schools to offer courses of 30 weeks on solve the problems created by the OBRA authorize title IV student assistance pro grams-the Federal Pell Grant Program and 900 clock hours in order to be eligible. amendments for the OVA, but that alone is not These provisions are particularly important enough. I am offering this legislation in an at the Federal Family Education Loan Program, and to beef up program integrity and eligibility in removing the fraud and abuse that currently tempt to address the real problem: Inappropri plague the system. For example, in 1980, de ate pricing behavior by prescription drug man requirements for institutions under title IV. Primarily, the bill would simplify the needs faults represented 10 percent of the total pro ufacturers in response to the incentives cre gram costs. In 1991, defaults represented 62 analysis by using the same needs test for all ated by OBRA 1990. I believe the problem lies percent of the total costs. Further, of the total Federal student aid programs. Under the new in setting the Medicaid rebate requirements at $52 billion in outstanding loans guaranteed by formula, the legislation eliminates home and best price levels. Manufacturers are not re the Federal Government, currently, $17 billion family farm equity and all minimum student stricted from raising the best prices, and, as is in default. we have seen, the best prices are disappear contributions from the needs test. Easing the As stated, I have strong reservations re ing. needs analysis will allow more students to par garding the 5-year direct loan demonstration I feel one way to correct this problem would ticipate in the programs in order to achieve the project included in the legislation. Under the be to set the Medicaid discounts at a flat rate. goal of a college education. demonstration project, independent leaders Using recent budget information from the Con As originally passed by the House Commit would no longer participate in the program, but gressional Budget Office, my legislation would tee on Education and Labor, the bill would instead, the loans would be administered di establish a flat-rate discount, phased in over 4 have made the Pell Grant Program as entitle rectly by the Federal Government through the years, for State Medicaid programs that would ment. I opposed this provision, and was happy Department of Education. The Secretary of capture the OBRA 1990 intended savings for to support legislation that maintained the cur Education would be responsible for accepting Medicaid. The discount rate included in my rent grant program. Under the legislation applications from the schools, and ensuring legislation is budget neutral. I would, of passed by the House, the maximum Pell grant that an adequate number of schools partici course, be willing to work with my colleagues is increased from the current $3,700 to $4,500 pate. Under the project, 500 schools would be to set a fixed-flat-rate discount, instead of the by fiscal year 1997 with the minimum grant selected to participate; however, once se phased in rates, that capture the intended sav being $400. And, the bill raises to $42,000 the lected, there is no cap on the dollar volume of ings for Medicaid. Further, I am interested in maximum income a family of four may earn the loans that could be originated. In addition, obtaining similar relief from rising drug prices and still qualify for a grant-currently the maxi if a sufficient number of schools do not apply, for community health centers and other public mum amount is $30,000. the Secretary is required to designate addi health service grantees, and will work with my The legislation also reauthorizes the Federal tional institutions. colleagues to achieve this goal. student loan programs and increases the max Although proponents of the program claim With the elimination of the best price from imum loan amounts for students in their sec that the direct loan project will save Federal the Medicaid discount formula, large pur ond year of school or higher. Also, the bill dollars, I am concerned that the lack of a cap chasers of pharmaceuticals, including the phases of the current 5-percent loan origina on the loan volume of the participating schools OVA, would again be able to negotiate dis tion fee for borrower. In addition, the legisla could result in the Federal Treasury borrowing counts with the manufacturers based upon the tion establishes a new unsubsidized loan pro unknown billions of dollars in future years. In volume of their purchases. Medicaid's flat dis gram for all students, regardless of family in addition, I do not like the idea of the Secretary count rate would have no impact on these ne come. The difference from the subsidized loan of Education drafting schools into the program gotiated prices. program would be that the student, not the that do not want to participate. And finally, I Mr. Speaker, I believe a flat-rate discount Federal Government, would pay banks the in am concerned that the Department of Edu for the Medicaid Program is essential to rees terest on their loans while they are in school, cation will not have the necessary resources tablishing a competitive market for pharma and the student would be required to pay a needed to administer the program. This again, ceuticals and restoring the negotiating position 6.5-percent combined loan origination and in could result in additional funding needs for the of pharmaceutical purchasers. As I indicated surgence fee to the Government. Department. 18460 EXTENSIONS OF REMARKS July 9, 1992 Again, I supported the bill because of its Historic Trail and is on the National Historic and feasibility of establishing the area as a positive aspects. The legislation reauthorizes Register of Historic Places. Yet the mission is unit of the National Park System. only one part of the area's historic appeal. Un (b) CONTENTS OF STUDY.-The study of the needed programs and increases access to Secretary shall contain, but not be limited these programs to members of the middle like most missions of the west, the area sur to, findings with respect to- class. I am glad that as a member of the rounding Mission San Antonio de Padua re (1) measures for preserving and interpret House Committee on Education and Labor I mains undisturbed and preserved in its original ing historic resources associated with the was able to pay an active role in the drafting state. The surrounding area is also unique in Mission San Antonio de Padua, including its of the bill, and look forward to its swift enact that it has significant artifacts from all stages architectural and cultural resources; of California's development dating back from (2) measures for preserving and interpret ment. ing historic and prehistoric archaeological the settlements of the pre-Columbian Indians, features of the area; to the Spanish missionaries, and the pioneers (3) opportunities within the area to memo INTRODUCTION OF LEGISLATION of the western expansion. Few areas in our rialize and interpret four stages of California TO EXPAND THE MARTIN LU Nation can boast such historical value and history, including pre-Colombian Indians, THER KING, JR., HISTORIC SITE offer such an opportunity for historical re Franciscan Spanish Missionarles, post-mis AND PRESERVATION DISTRICT search. sion Mexican ranchos, and pioneers of the Furthermore, because of its undeveloped western expansion; and (4) natural and recreational values of the HON. JOHN LEWIS state, the area offers unparalleled opportuni area. OF GEORGIA ties for recreation and historic interpretation in (c) CONSULTATION.-ln preparing the study IN THE HOUSE OF REPRESENTATIVES a realistic setting. under this section, the Secretary shall con The legislation directs the National Park sult with the Friends of Historic San Anto Thursday, July 9, 1992 Service to study the San Antonio Mission and nio Mission, San Antonio Valley Historical Mr. LEWIS of Georgia. Mr. Speaker, today surrounding historical areas to determine the Association, other interested historical orga I am introducing legislation that would expand suitability and feasibility of designating the nizations and appropriate local, State, and the Martin Luther King, Jr., Historic Site and Federal agencies. area as a national historic park. In conjunction (d) AREA STUDIED.-The area studied pursu Preservation District in Atlanta, GA. Visitors with the Friends of Historic San Antonio Mis ant to subsection (a) shall include the Mis from all over the world as well as residents of sion, the National Park Service is conducting sion San Antonio de Padua in California and Atlanta come to this important historic site to a historic landmark study of the mission for its surrounding historic and prehistoric ar understand better the legacy of Martin Luther designation as a national historic landmark. cheological as described in map entitled King, Jr. The landmark study is expected to be com "San Antonio Historic Park District" and The King Historic Site is the 1Oth most vis pleted early this fall. Early findings of the study dated July 1992. (e) CONGRESSIONAL REVIEW.-The Secretary ited national park site in the country. Last strongly indicate that the mission warrants a year, 2.8 million people visited the site. Visita shall transmit the study to the Committee historic landmark designation. on Interior and Insular Affairs of the House tion at the site has grown each year since its I would also point out that there is a great of Representatives and the Committee on creation in 1980 and will continue to grow. deal of support within the local community, Energy and Natural Resources of the Senate Record numbers of visitors are expected to and throughout the State of California, for the within one year after the date on which the site when Atlanta hosts the summer Olym designation of a national historic park at the funds are appropriated for the study. pics in 1996. During that time an estimated San Antonio Mission. The Friends of Historic (f) AUTHORIZATION.-There are authorized 100,000 to 150,000 people will visit the site San Antonio Mission have worked very hard to to be appropriated such sums as may be nec each day. essary to carry out the purposes of this sec protect the mission and its surrounding histori tion. Althought the site was created more than 10 cal sites and have made a very convincing years ago, it still needs some essential com case for designating this area as a national ponents including a visitors' center and a historic park. INTRODUCTION OF LEGISLATION maintenance facility. Additionally, the majority Although they are an important part of the REGARDING ALCOHOLIC BEV- of the homes on the block with Dr. King's birth history of this country, the profound role of the ERAGE LABELING home are in need of rehabilitation and the site Franciscan missions has gone unheralded and needs adequate parking facilities. unrepresented in our National Park System. HON. PATRICIA SCHROEDER It is imperative that we make the necessary Sadly, Mr. Speaker, there are not many places OF COLORADO improvements and expansion to the site be like San Antonio Mission left in our country. It IN THE HOUSE OF REPRESENTATIVES fore the 1996 Olympics when Atlanta, and the is rare that we find a centuries old operating Thursday, July 9, 1992 United States, will be under international scru mission preserved in its original isolated state. tiny. The story of Martin Luther King, Jr., the Congress should take advantage of this op Mrs. SCHROEDER. Mr. Speaker, today, I civil rights movement and the history of portunity by acting to commemorate this time am pleased to introduce a very low-cost pro "Sweet Auburn" Avenue must be told in its period of our history and protect this area posal that requires makers of alcoholic bev entirety. This is part of American history that through a national historic park designation. I erages to label each beverage container with we must preserve and present. hope my colleagues will join me in this effort the alcohol, other ingredients, and calories it by supporting this legislation. A copy of the bill contains. Several colleagues join me in pro follows: posing to amend the Federal Food, Drug, and INTRODUCTION OF THE CALIFOR H.R.- Cosmetic Act to provide consumers with the NIA SAN ANTONIO MISSION NA information they need to use alcoholic bev Be it enacted by the Senate and House of Rep TIONAL HISTORIC PARK STUDY erages safely. ACT OF 1992 resentatives of the United States of America in Congress assembled, The Surgeon General, Antonia Novello, SECTION 1. SHORT TITLE. identified the need for labeling alcohol con HON. LEON E. PANETIA This Act may be cited as the "California tents at a Select Committee on Children, OF CALIFORNIA San Antonio Mission National Historic Park Youth, and Families' hearing, entitled "Pre IN THE HOUSE OF REPRESENTATIVES Study Act of 1992". venting Underage Drinking." Committee mem SEC. 2. AUTHORIZATION OF STUDY. bers learned that beer and malt liquor makers Thursday, July 9, 1992 (a) AUTHORIZATION.-The Secretary of the are not permitted to disclose the percentage of Mr. PANETTA. Mr. Speaker, I rise upon the Interior shall conduct a study of area de alcohol by volume, while wine and distilled introduction of legislation to direct a park study scribed in subsection (d) to determine its sig spirits are required to list this information. The for the Mission San Antonio de Padua in the nificance in illustrating and commemorating inconsistency dates back to a law passed in State of California. the role of pre-Colombian Indians, Francis 1935. As the Surgeon General pointed out, to can Missionaries, post-mission Mexican ran Mission San Antonio, founded in 1771, is chos, and pioneers of the western expansion day's consumer is vastly different from the well recognized as a historic site of national in the development of the State of Califor prohibition era consumer of the 1930's, and significance. The mission is an important com nia. As part of the study, the Secretary shall has the right to be informed about what she or ponent of the Juan Bautista de Anza National provide recommendations on the suitability he is consuming. . July 9, 1992 EXTENSIONS OF REMARKS 18461 To clarify the meaning of percentage of al as well as installing a positive approach to the the National Association of Letter Carriers in cohol, the proposal also requires labels to in field for those on staff at each school. my congressional district in Illinois. The Alton clude a straightforward, user friendly unit of Mr. Murphy not only puts both feet forward Area Merged Branch 309 will celebrate their serving size called the drink. A drink equals in the field of education, but also finds addi 1OOth anniversary on August 22, 1992. 0.6 ounces of alcohol-the amount usually tional feats to accomplish in the community. The Alton Branch has been dedicated in found in one beer, or one shot of distilled spir He is a member of the Phi Delta Kappa frater their service to the community through the its, or one glass of wine. We must keep in nity and trustee of the Third Baptist Church as past 100 years. Numerous current and former mind that children have died from overdosing well as recipient of the Outstanding Commu residents of southwestern Illinois greatly ap on fortified wines that contain the equivalent of nity Role Model Award given by the Martin Lu preciate the activism of this organization. five shots of hard liquor in a container the size ther King Jr. Holiday Committee. In 1987, the Although they currently have only 127 active of a beer can. Failing to make the alcoholic Buckeye Lodge #73 made Mr. Murphy an hon and retired members, the Alton Branch was contents of these products perfectly clear is orary member. able to raise over $1 0,000 for the Muscular courting disaster for our kids, as well as for Mr. Speaker, on July 24, 1992, the Oak Hill Dystrophy Association. Their commitment to adults. Athletic Club will sponsor a dinner in Mr. Mur fundraising earned them the recognition of In addition, the bill requires that a toll-free phy's honor. I send to Mr. Murphy and his "No. 1 Fundraiser" in the State of Illinois. help line number be listed on each alcohol good friends who speak so highly of him my I ask my colleagues to join me as I salute container. Consumers can call the number for best wishes and congratulations for such out the Alton Area Merged Branch 309 on their referrals for help with a drinking problem. This standing contributions to the field and for 1OOth anniversary for their exceptional dedica much-needed service is administratively very maintaining his position with integrity and tion to the community of southwestern Illinois. simple and has been estimated to cost honor. $500,000. Last year, Congress passed legislation re NORTH AMERICAN FREE-TRADE A TRIBUTE TO THE LATE ABE P. AGREEMENT quiring the labeling of contents of foods. I urge MORRIS my colleagues to join me in support of this next logical step toward safeguarding the HON. ED PASTOR HON. FSTEBAN EDWARD TORRFS health of American consumers-especially our OF ARIZONA OF CALIFORNIA most vulnerable teens. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES SUMMARY OF ALCOHOL CONTENTS LABELING Thursday, July 9, 1992 PROPOSAL Thursday, July 9, 1992 This bill amends section 403 of the Federal Mr. PASTOR. Mr. Speaker, I rise before my Mr. TORRES. Mr. Speaker, the Bush ad Food, Drug, and Cosmetic Act to require: colleagues in the U.S. House of Representa ministration appears ready to notify Congress SECTION 1 tives to memorialize the late Abe P. Morris of of its intent to sign a North American Free Disclosure of alcohol content by volume in Arizona. Trade Agreement with Mexico and Canada. a non-promotional manner. Mr. Morris, an Arizonan for 40 years, was a Notification date, we are told, will be later Disclosure of the number of drinks per con true renaissance man. He was an outstanding this month. tainer. copper mining engineer known for imaginative We have also been told that the NAFTA will The statement: "If you or someone you and innovative ideas, with credentials recog be a historic trade agreement. know has a drinking problem, a call may be nized worldwide. He was interested in people Yet, bilateral trade with Mexico is already at made to (a toll-free number established by and concerned for their welfare. He was a $60 billion a year. And Mexico is our third the Secretary) for help." friend to laborers in the mine as well as to en That label information is located in a con largest trading partner. spicuous place, in legible type, and offset by gineers, university presidents, lawyers, bank Mr. Speaker, the NAFTA is not a trade borders. ers, and scientists. He was a benefactor of agreement, it's an investment agreement. education at all levels from kindergarten to SECTION 2 The NAFT A is about the elimination of bar university graduate school. riers to United States investment in Mexico. Authorization of $500,000 for establishment Mr. Morris helped to make Arizona history of a toll-free number in FY93, and for each Under a NAFTA U.S. firms will no longer succeeding year. by serving as the guiding force behind the have to worry about laws governing maximum building of the town of Kearny in Pinal County. SECTION 3 foreign ownership which in some cases is at In its early days, Kearny was unique among 49 percent. Nor will major firms worry about Submission of a report mandated in 1988 by mining towns. Most mining towns got their be Section 206 of the Alcoholic Beverage Label import licensing requirements, restrictions on ing Act on the effectiveness of warning la ginnings as company towns where the mining sales in Mexico, or worse, the nationalization bels required at that time. company owned the house that the miners of their property. and their families inhabited, owned the stores Because Members of Congress are not per in which they shopped, and paved the streets mitted to review the current negotiations, I TRIBUTE TO ALEX R. MURPHY they traveled. In other words, the miner had to worry that the investment agreements being rely on the company to satisfy every basic reached will not extend to individuals. Today, HON. JAMFS A. TRAF1CANT, JR. human need. The town of Kearny, through the individuals choosing to invest in Mexico, face OF OHIO efforts of Abe Morris, succeeded in offering losing their investment capital due to the lack miners the opportunity to own homes and to IN THE HOUSE OF REPRESENTATIVES of any judicial recourse or their own unfamil enjoy all of the other opportunities of urban iarity with Mexico's customs or laws. Thursday, July 9, 1992 life. Mr. Speaker, many small businesses and in Mr. TRAFICANT. Mr. Speaker, I would like Mr. Speaker, it is my honor to offer this be dividual investors have been led to believe to pay tribute to an outstanding individual in lated tribute to Abe P. Morris, a great Arizonan that the NAFTA will extend benefits to them. my 17th District of Ohio. He has served the and a great human being. I call on my colleagues to join me in working Mahoning County educational needs for over to ensure that it does. 25 years and contributed monumentally. THE ALTON AREA MERGED Mr. Murphy began his career in the edu BRANCH 309 CELEBRATES lOOTH DEFEND THE SCOUTS cation field as a teacher at Science Hill Ele ANNIVERSARY mentary School and progressed through the administrative system to assistant principal at HON. DANA ROHRABACHER Hillman Junior High. Eventually, Mr. Murphy HON. JERRY F. COSTELLO OF ILLINOIS OF CALIFORNIA earned a position as principal at Chaney High IN THE HOUSE OF REPRESENTATIVES School and, 11 years later, he was selected IN THE HOUSE OF REPRESENTATIVES as principal of the Rayen High School. During Thursday, July 9, 1992 Thursday, July 9, 1992 his tenure at each school, Mr. Murphy made Mr. COSTELLO. Mr. Speaker, I rise today to Mr. ROHRABACHER. Mr. Speaker, scouting significant strides integrating the city schools recognize the 1OOth anniversary of a branch of in America is under attack. Leftwing organiza- 18462 EXTENSIONS OF REMARKS July 9, 1992 tions, pressure groups and some large cor these wealth execs have forgotten about the parison, no matter what non-profit agencies porations including Levi Strauss, Wells Fargo, fragility of the social landscape beyond their it does or doesn't subsidize. and the Bank of America have joined forces to gates? Is it arrogance or naivete that makes For my part, I switched to Union Bank, demand that the Boy Scouts lower their long them think they can mock our civilizing in and was pleased to learn they waive service stitutions, and the traditional values such charges on checking accounts for a year if standing moral standards. The following edi groups impart, without doing harm? you come from Wells Fargo. torial that appeared in the Orange County They spout a lot of platitudes, but there's What now for the Boy Scouts? Will they Register is an eloquent and forceful defense nothing redeeming about what these four buckle under the organized pressure? Doesn't of the Scouts and I ask that it be incorporated firms have done to the Scouts-no code of look like it. "The silent majority of this in the RECORD: values affirmed, just pure cowardice. country have been becoming less silent, and MEMO TO THREE BANKS: BE PREPARED TO They say they're against "discrimination." we believe will become quite vocal about LoSE SOME ACCOUNTS Yet they apply the word selectively, just (these) attempts to manipulate American (By Harold Johnson) broadly enough to satisfy the homosexual values," said Buford Hill, Western regional and other left-wing activist groups to whom director for the Boy Scouts. Boy Scouts of America: 378; spineless San they're kowtowing. If they're really against July Fourth is coming up. What better Francisco bankers: 5. discrimination, why do at least a couple of time to stand with the Boy Scouts-by shar That's the lopsided score recorded on my ing your thoughts with the companies that voice-mail over the past couple of weeks. On these companies boast about supporting the Girl Scouts, who, of course, don't admit are standing with the Boy Scouts' enemies? June 19, I wrote a column about how three boys? San Francisco firms-Wells Fargo (corporate They also tell protesting callers they still telephone number, 415-396-3606), Bank of give to the United Way, and that the United America (415-953-1411), and Levi Strauss (800- THOMAS HUTCHINSON: A LEADER 872-5384}---announced they were canceling fu Way in most communities gives to the Boy WITH VISION ture donations to the Boy Scouts because Scouts. Well, that argument is the smoking evasion, proving their hypocrisy. If they the Scouts don't allow homosexual HON. BART GORDON scoutmasters. I said I was closing my own have a genuine ethical problem with Scout policies, why support Scouting even indi OF TENNESSEE Wells Fargo accounts in protest, and I asked readers who had any comments to give me a rectly? I'd have a tad more respect for them IN THE HOUSE OF REPRESENTATIVES if they were at least consistent, instead of buzz. Thursday, July 9, 1992 Well, a monsoon ensued. My line was trying to have it both ways. But their fund jammed for days, and the calls are still com ing cutoff isn't about principle, it's about ab Mr. GORDON. Mr. Speaker, our Nation was ing. Nearly 400 so far. (If you left a message sence of principle. built by men and women with vision, a vision asking me to call back, and I haven't, I I called LA County Supervisor Mike not just of how the world is but how it should apologize, but now you know why.) Antonovich to talk about the issue, because be. Their leadership has made our country Most everybody who phoned is mad as H at he has helped get Scout troops off the ground in several rough neighborhoods around LA, great, building a bright future for generations the three wimpy companies that caved to who will follow them. Politically Correct pressure lobbies, sud hoping to counter the gangs. "It's very sad denly announcing they couldn't accept Boy that good corporations would be so narrow Thomas Hutchinson is one of those men of Scout policies that have been around for 80 sighted as to miss entirely the overall soci vision. Mr. Hutchinson can take credit for years. (Actually, it's four companies now: etal good that groups like the Boy Scouts ac much of the growth that made Rutherford First Interstate has joined the dishonorable complish," he said. County, TN, one of the 50 fastest growing parade). By the way, Judge Robert Frazee of Some of the people who called me weren't counties in the country during the 1980's. Orange County, who forced a local Cub Scout as measured in their comments. For example, Mr. Hutchinson recognized pack to admit two kids who won't recite the An LA County sheriff's sergeant said he's "real angry," and he's urging fellow officers more than two decades that a plentiful water Scout Oath's pledge to God, should take note supply was the key to attracting new business of my phone-call tally; it suggests his next to beef to the offending banks and pull their retention vote, in June '94, might not be a accounts. and industry that would complement the area's slam-dunk. An elderly Orange County woman who strong agricultural base. He helped form the The ironies in the funding cutoff are ex took her (substantial) savings account out of Consolidated Utility District and still serves as quisite. Kids are up against harrowing dan Wells Fargo said she "hadn't had the enjoy president of the utility, which now serves more gers these days-gangs, drugs, pregnancy, ment of doing something so right in a long than 15,000 customers. suicide. And how do these four corporate gi time." His efforts to bring a reliable water supply to ants respond? By targeting the Crips or "I was somewhat shocked-! am going to close my $10,000-plus Wells Fargo account," underserved areas was a natural extension of Bloods? No, by going after a really cutthroat his service as a trustee with the Middle Ten bunch-the Boy Scouts! Seems they're deter said an Orange County man. "I've had the mined to protect kids from Scouting and its account for four years; I hate to close it, but nessee Electric Membership Corp., a post he dangerous values. All that stuff about duty, it's something I have to do." first assumed in 1962. He served as chairman honor, reverence, and "helping other people Bob French, a businessman in Stockton, is of the board of directors from 1976 to 1990. at all times" might warp impressionable going to do more than just close his accounts He also served in a variety of posts with the young minds, don't you know. with Bank of America, where he has nearly Tennessee Electric Cooperative Association, If you ask me, an assault on the Scouts, es Sl million. A local Scouting leader, he'll be which has been instrumental in bringing elec taking out half-page ads in area newspapers pecially at a time when the fabric of commu tricity to rural and urban areas throughout nity in this country is already fraying, is publicizing what these jelly-fish companies nothing short of an anti-social act. My col have done. Tennessee. lege political-philosophy class comes to Where will he transfer his funds? He's not While Mr. Hutchinson's leadership has pro mind. There we learned about the theorists necessarily looking for a bank that gives to vided the foundation for growth in all seg who've taught that a free society requires the Scouts, he says, because it's not the ments of Rutherford County's economy, his the cultivation of humane virtues-precisely funding cutoff itself that's the real problem, heart has remained with the farm community the kind of self-discipline and regard for oth it's the way the cutoff was handled-pub that has been his life since childhood. He ers that the Boy Scouts try to instill. licly, politically. Many firms shift contribu served on the board of the Rutherford Farm tion priori ties from one year to the next Now, you'd think that captains of big busi ers Co-Op for a dozen years. In addition, he ness, concerned about the bottom line and, without airing the matter to the world. But by extension, about the health and prosper these San Francisco companies made sure to served another 12 years as the organization's ity of the neighborhoods where they try to let the press know they were giving the president, during which time it grew more than turn a buck, would see the importance of Scouts the kiss-off, and they shouted about tenfold to a $17 million-a-year operation. groups that nurture the old verities, a cat their ideological motivations. As president of the Rutherford County Farm echism of personal responsibility. You'd In short, they attacked the Scouts through Bureau and a member of its board for more think. But apparently not at BofA, Wells a megaphone. They had to do it this way, of than 20 years, he's fought for policies impor Fargo, Levi Strauss, and, now, First Inter course, if the were to be fully submissive to tant to the farming industry. Today, Mr. Hutch state. the pressure groups that were leaning on No, these companies are ahead of the rest them. A public shaming of the Scouts, for inson still farms full time on 600 acres outside of us in the sophistication department. Or, the crime of holding traditional values, is Murfreesboro, TN. on the other hand, is it that they're far be what those groups want. On July 25, Mr. Hutchinson will be honored hind? Could it be that, staring out from ritzy No other banks have done anything com by dozens of friends and business associates homes in posh, guarded residential enclaves, parable. So every bank looks good by com- at a roast in Murfreesboro. I join them in July 9, 1992 EXTENSIONS OF REMARKS 18463 thanking Mr. Hutchinson for the contribution Our Nation's primary obligation in Palau is grams which could offer true hope for the fu he has made to building a better America. He to develop the territory into a self-governing ture. is a perfect example of how one person still status based upon the wishes of its people. I recommend to my colleagues' careful re can make difference. There is ample evidence that they want a free view the suggestions and analysis of Glen association relationship containing the modi Kepner which follows. I have included, at the fications that Chairman MILLER and I have now conclusion, the comments of staff which dem MODIFY FUTURE STATUS joined their leaders in proposing. We, in this onstrate both the validity of the concepts and ARRANGEMENT WITH PALAU House, have an obligation to consider and act their uniqueness. I look forward to the oppor on them as does our Government as a whole. tunity to explore these ideas, and to a future HON. RON de LUGO opportunity to use them as the basis for a true OF THE VIRGIN ISLANDS reform of Government's incentives for individ IN THE HOUSE OF REPRESENTATIVES IRA-TYPE SAVINGS THAT WORK: ual responsibility and for economic growth. Thursday, July 9, 1992 INDIVIDUAL RESPONSIBILITY Three things I was never taught: ACCOUNTS 1. You are responsible for your own finan- Mr. DE LUGO. Mr. Speaker, the distin cial security. guished chairman of the full Interior and Insu 2. You can do it! lar Affairs Committee, GEORGE MILLER, and I HON. GUY VANDER JAGT 3. Here is how you do it. are today introducing legislation to modify the OF MICHIGAN To help each individual to take charge and future status arrangement which has been ne IN THE HOUSE OF REPRESENTATIVES improve his/her financial security, I propose gotiated with leaders of the remaining part of three new types of individual accounts: Thursday, July 9, 1992 1. IDA-Individual Development Account. the territory that our Nation is responsible to Mr. VANDER JAGT. Mr. Speaker, recently, This account would be designed to provide the United Nations for developing: The west while holding office hours in our Muskegon funds for the individual's education and de em Pacific islands of Palau. district office, I had the truly good fortune to velopment. The free association arrangement has not 2. !SA-Individual Security Account. This visit with Mr. Doug Kepner, of Muskegon, Ml, been approved by Palau in seven referenda to account would allow the individual to build regarding his thoughts-and a plan-for en date. The territory's leaders have said for over personal and family wealth. It would eventu a year that their people cannot be expected to couraging individual savings and taking advan ally replace the present Social Security sys approve it unless modifications are made. tage of the private financial markets to provide tem, but would continue to be backed up by a broad range of personal financial security a new system that would guarantee that the The bill that we are introducing would make individual would come out as good as or bet the two modifications that Palau's leaders and opportunity. This Congress has recently attempted to ter than now. have said are essential. 3. IMA-Individual Medical Account. This One would provide that the United States grapple with savings incentives and the need account would provide a way for the individ could use specific areas of the islands for mili for a national economic growth program. I be ual to accumulate the funds needed to pay tary purposes-rather than any area. The lieve that we can all agree that, whenever the deductibles and co-payments not covered areas that would be available are those which possible, individuals, not Government, ought by insurance, especially those required by are already specified for possible military use to provide for their own long-term security. the higher-deductible, lower-cost policies. in the arrangement. They would not, however, Parallel with this idea, of course, is that Those who are fortunate enough to not need to spend these funds on medical costs would include areas which have not been specifically Government has an interest in encouraging such individual planning-both because it re accumulate individual and family wealth in identified in the current arrangement, unless this account. These accounts could grow to further agreement with Palau is reached. lieves Government of a potential burden and substantial amounts and could pave the way The other modification would provide that because such planning involves savings and for significantly changing the role of medi these areas could be used for 15 years-rath investment which fuel the economic engine of care and medicaid. er than 50 years. Fifteen years is the period the Nation. These three accounts, together with retire over which Palau would be provided assist As a member of the House Committee on ment accounts-rnA, 401k, 403b, Keough ance by the United States under the current Ways and Means, I am, of course, supportive plans, employer sponsored plans, etc.-will provide the foundation for an individually arrangement. The areas could only be used of the prudent use of our tax system to pro vide the appropriate incentives to individuals based cradle-to-grave security system. Gov for a longer period if further agreement with ernment programs will still have to supple Palau is reached. to engage in personal planning. Doug Kepner ment for some, but hopefully not as many as Mr. Speaker, these modifications are rea has developed a broad-ranging approach to now. This is not a quick fix solution, but will sonable and would not compromise vital U.S. the use of a familiar personal savings tool, the take time. Results and benefits will grow interests. And, based on what administration Individual Retirement Account, to meet per gradually as the individual accounts grow. officials have told Palau's leaders and the In sonal growth and financial security objectives. Full benefits of some of these programs will sular and International Affairs Subcommittee A clear advantage of Mr. Kepner's plans is come in only a few years, others will take 20 about the issues involved, I believe that the that they infuse capital into financial markets or 30 years to develop-but the real benefits at the same time that they provide for per will be realigned by our next and succeeding administration can accept them. I note in this generations through the controlled and regard that the minority leadership of our com sonal needs. The merits of shifting a major forced growth of individual and family mittee joined Chairman MILLER and I in urging share of certain health, education, and retire wealth and through the firmer financial the administration to work out modifications ment burdens to the system of tax incentives foundation that this makes for our entire based on these proposals, believing that they rather than tax consumption are also clear. country. We are talking billions and trillions were worthy of serious consideration. Because of what I believed to be the unique of dollars in savings and investments. I am disappointed that the administration nature of the range of Mr. Kepner's ideas, I IDA-INDIVIDUAL DEVELOPMENT ACCOUNT has not itself proposed modifications to the ar asked our minority committee staff to do a Invest up to $2000 at birth: 6% for 20 years rangement based on these proposals, appar brief analysis. As anticipated, it was pointed equal $6,400; 9% for 20 years equals $11,200; ently believing that Palauans would accept the out that these ideas would lose significant 12% for 20 years equals $19,300; and 15% for 20 amounts of revenue. However, what was not years equals $32,700. free association arrangement as is if it did not. Invest up to $2000 per year for 20 years: 6% But, since the administration is authorized to said, and what would clearly be the case, is equals $74,000; 9% $102,000; 12% equals implement the arrangement through legisla that the medical and educational savings in $144,000; and 15% equals $205,000. tion, it is not essential that the administration centives, in addition to the unique retirement Contributions to come from gifts, individ propose the modifications. We can initiate program, would save government, Federal and ual earnings them. local, billions of dollars. Contributions not tax-deductible. And, in this connection, it should be remem And, in addition to the savings, the pro Even those on welfare or other assistance bered that many of the terms of the current ar grams would permit individuals to control their would be able to invest in an IDA for each child without affecting their eligibility. rangement are ones that we initiated through own destiny. Finally, of course, such an ap (Wouldn't it be great if they would put the the authorization law that I am proud to have proach would permit the allocation of scarce, cigarette and beer money into an IDA in sponsored with the support of Chairman MIL and growing scarcer, Government resources stead to help break the cycle of poverty for LER and other Members. to those who are truly disadvantaged in pro- their children?) 18464 EXTENSIONS OF REMARKS July 9, 1992 Adults would, of course, be expected to use insurance to continue payments at the ap ings in all three accounts would be tax-ex their IDA to stay off of or get off of assist propriate level. empt. After reviewing the applicable mate ance. Income would be partially taxed, as at rials it would appear as if the tax-free in Account grows tax-free. present or as determined to be appropriate. come accumulation and the tax deductible Proceeds are tax-free when used for: There would be no "earnings test". It would contributions to only one account would, be Education. Funds would be paid through be your money in the individual account, cause of the amounts involved, result in a Financial Aid department of school. your money that paid for the insurance part significant revenue loss. Of course, only a Volunteer and charitable service. Funds of the program. revenue estimate from the Treasury or Joint would be paid through church or other orga At Death: Committee on Taxation could verify this. nization. 25% to IRS. It should be noted that each proposal Spouse's or children's education. Balance to family IDA's and !SA's. raises significant tax policy and technical If there is sufficient money left in account, This program requires major legislation tax issues. At this stage of discussion, a re up to $20,000 could be used, tax-free, for down and major changes in thinking, but would be view of these issues is premature. However, a payment on home, but this would affect tax a true win-win program! brief review of one proposal should be done able basis of home. IMA-INDIVIDUAL MEDICAL ACCOUNT here. Mr. Kepner proposes three separate ac Proceeds could also be available for "emer The individual would choose own health in counts-an Individual Development Account, gencies", but only under very limited condi surance policy-this can be self-paid, em an Individual Security Account and an Indi tions. vidual Medical Account. Of these three, the Funds not used for above purposes could be ployer-paid, government-subsidized, or what ever. (Tax deductible.) Individual Security Account appears to be transferred to ISA, IMA, or IRA subject to The ideal policy would be a major medical the most unique. More specifically, this ac conditions. policy with a high deductible, say $3000. count would be used to supplement and re At death: Deposit $2000 per year in IMA, an interest place our current Social Security system. 25% to IRS While the other two accounts do address le Balance to spouse's, children's, relative's bearing account, managed and administered privately. (Tax deductible.) gitimate areas of need-education and medi IDA. cal-the use of IRAs for these purposes has Much of this can be done now within the Use a "Health Care Card" to pay for care. (Similar to Visa, Mastercard, etc., but pre been attempted in numerous proposals. On IRA program, but it requires an extreme the other hand, few proposals have at amount of creativity, only a few can "get paid.) Insurance, government subsidy would also tempted to use the IRA to replace the Social away with it legally", and proceeds are sub Security system. Thus, the ISA represents a ject to a 10% penalty and are taxable when be channeled through health care card. If costs exceed $2000, individual pays dif new and innovative use of IRA accounts. In withdrawn. ference up to $3000 level. (Tax deductible.) this regard you may be aware of the fact The President's proposal for $25,000 in stu Funds not used can be left to accumulate that Mr. Thomas has introduced H.R. 5159 dent loan guarantees would be an excellent for future needs or used to replace/reduce fu which also uses the IRA to supplement and transition to this IDA program. ture premiums and contributions. replace our current Social Security system. !SA-INDIVIDUAL SECURITY ACCOUNT These "excess funds" could be invested in Thus, Mr. Kepner appears to have developed Invest 6% of gross wages. (Funded from equity mutual funds for better growth and a proposal that is one of the first to use the present Social Security contributions, indi for better growth of the economy. IRA in this unique way. vidual and employer.) The incentive is for the individual to con In summary, Mr. Kepner's proposals raise a Half retained by IRS or SSA in individual trol and reduce own costs and to find the number of technical and tax policy issues. In interest-bearing account, government securi most cost-effective care and treatment and addition, it appears as if the proposals would ties. insurance, because what you save, you keep. lose significant amounts of revenue. While Half could be transferred once/year to an For those in good health, the accumulation each of his proposals seeks to provide tax individual, private account. could be substantial. payers with additional funds to meet various Encourage individuals to use equity mu No tax on accumulation or on funds used needs, one account, the ISA, represents a tual funds for their individual accounts to for medical insurance or for medical care. new unique way of using IRAs to allow peo provide capital investment funds for the At Death: ple to meet the financial needs of their re growth of the economy and to provide for the 25% to IRS. tirement years. possibility/probability of higher investment Balance to family IMA's. Please contact me if I may be of further as return. The role of Social Security and of the Most of this could be done now except that sistance. government would be to insure that the indi the tax deductibility of funds depends on vidual would get at least as much as under who pays them, and growth of the fund is the present program. The government would, usually taxable. A TRIBUTE TO CAPT. DONALD in effect, be guaranteeing the economy. In IRA-INDIVIDUAL RETIREMENT ACCOUNT HENDRIX NASH, USN-FAREWELL CAPTAIN NASH stead of encouraging individuals to preserve Optional, supplementary retirement ac capital, this would encourage them to go for count. growth, and with this amount of capital IRA, 401K, Keough plans, employer plans, HON. IKE SKELTON being continuously invested, the chances of etc. Plans are good now, no major changes OF MISSOURI major recession or depression are greatly re needed. IN THE HOUSE OF REPRESENTATIVES duced. Allow funds to be transferred to IMA with The balance of the Social Security con out penalty or taxation. Thursday, July 9, 1992 tributions would be used for the insurance GLEN W. KEPNER. Mr. SKELTON. Mr. Speaker, in 1969 a aspects of the program and for transition JUNE 1, 1992. from the present program. young man from a Navy family graduated from Money can be drawn out only for retire the U.S. Naval Academy in Annapolis, MD. COMMITTEE ON WAYS AND MEANS, That young man was Donald Hendrix Nash. ment or disability. Washington, DC, June 30, 1992. Retirement would be at age 65, or it could Since November 1989 Captain Nash has be earlier if and when the individual account MEMORANDUM served as the Director of House Congres reaches an amount sufficient to provide ade To: The Honorable Guy Vander Jagt. sional Liaison for the Secretary of the Navy. quate lifetime income. (If you could invest From: Paul M. Auster, Assistant Minority Over the past 2112 years, Capt. Don Nash has Tax Counsel. 6% of your earnings at a 12% rate of return been the Navy's man to the House of Rep for 25 years, you could live forever from the Re: Correspondence of Mr. Glen Kepner. proceeds-if you could live forever.) Mr. Kepner's correspondence contains resentatives. Equally important, maybe even Individual Security Income would be based three proposals that are modeled after the more so, he has also been the key individual on the higher of: current IRA provisions and are intended to who has represented the varied views of the Amount determined from present Social assist taxpayers in the following areas-fi House of Representatives about Navy matters Security formula. nancing educational expenses, providing for to the Navy leadership. Amount determined from account value. their retirement by establishing an alter Over these past few years, I have had the Amount determined from future changes native to the current Social Security sys opportunity to observe the performance of to Individual Security/Social Security pro tem, and providing financing for their medi Captain Nash on both a formal and informal grams. cal expenses. In general, the proposals call Payments to the individual would come for the establishment of an IRA type account basis. In one word he is a leader-an individ first from the individual account. to which contributions would be made. Con ual who understands that the job comes first, If/when the individual account is ex tributions would be deductible only in the but the people he leads come a very close hausted, Social Security would take over as case of the medical account. However, earn- second. He is intelligent, friendly, professional. July 9, 1992 EXTENSIONS OF REMARKS 18465 The Navy has done well to have him as Direc ing my own son win. I am proud for him and bilities of the Florida Institute of Technology tor of its House Congressional Liaison Office. for the people of Las Vegas who all consider and the University of Limerick. The most important quality that any individual him their son. Mr. Speaker, several months ago I met with who holds that position can bring to the job is As I have told my colleagues many times in our colleague, the chairman of the Transpor integrity. It is the essential ingredient that is the past, Las Vegas is a world-class city, and tation Appropriation Subcommittee, and we necessary if good relations are to exist be now one of its jewels is shining even brighter. had hoped to secure funding this year to fur tween the executive and legislative branches. I ask my colleagues to join me in congratulat ther the development of this mutually bene Don Nash has helped to promote that relation ing Andre Agassi, the new American ficial venture in the legislation before us today. ship. It is not always an easy task, but his un Wimbledon champion. As we look to the U.S. Apparently, the subcommittee was not able to failing determination to foster an honest ex Open and other upcoming tournaments, I am fund the Center at this stage, but I remain change between Navy leaders and Members sure that Andre will not only make the citizens confident that we will prevail this year to get of Congress is vitally important in helping en of Las Vegas proud, but all American sports this Center moving forward. Certainly today is sure that the wheels of Government turn in a fans as well. an historic day in aviation and aerospace, smoother fashion. given the successful and safe completion of Captain Nash will leave his present position the historic mission of the Columbia space to assume command of the newest Aegis INTERNATIONAL CENTER FOR shuttle. If we are to maintain the capabilities of cruiser, the U.S.S. Cape St. George. This will AEROSPACE AND AVIATION our aerospace and aviation industries as evi be the third ship that he has commanded. TECHNOLOGIES denced by this shuttle mission, we must main From November 1979 to January 1982 he tain both industry and university research with commanded the U.S.S. Impervious, a mine HON. ROBERT A. ROE in our country and with our friends in other sweeper. He later commanded the U.S.S. OF NEW JERSEY countries of the world. Scott, a guided missile destroyer, from July IN THE HOUSE OF REPRESENTATIVES I remain committed to securing adequate 1987 until October 1989. I have every reason Thursday, July 9, 1992 funding for the International Center for Aero to expect that he will perform in an outstand space and Aviation Technologies [ICAAT] and ing fashion getting the U.S.S. Cape St. Mr. ROE. Mr. Speaker, I appreciate the op look forward to working with my good friend George ready to join the fleet. portunity to address my colleagues today on a from Florida, Chairman BILL LEHMAN and other During Captain Nash's duty at sea and chal matter of major importance to the aviation and Members of the Congress to insure this wor lenging staff positions, he has been supported aerospace industries in both our country and thy endeavor moves forward. by his devoted wife Donna and his three chil abroad. dren-Meredith, Joseph, and Anne Marie. The Today, more than ever, there are compelling world little knows-and even less appre reasons for the United States to maintain a CEDAR RIVER WATERSHED AND ciates-the sacrifice of a Navy family. To forward-looking position in aerospace and THE CITY OF SEATTLE Don's wife and children go heartfelt gratitude. aviation technologies. The military importance I am fortunate to consider Don a friend and of aerospace and aviation technology was HON. JAMES A. McDERMOTI wish him and his family well as he prepares to amply demonstrated by Desert Storm. Of OF WASHINGTON go on to a new assignment. equal significance is the paramount role of IN THE HOUSE OF REPRESENTATIVES aviation in the global economy. Commercial aviation is by far the largest contributor to U.S. Thursday, July 9, 1992 ANDRE AGASSI WINS WIMBLEDON exports of any industry with a net favorable Mr. McDERMOTT. Mr. Speaker, along with balance of trade in 1990 of $30 billion. Air my colleagues from Washington State, Rep HON. JAMES H. BILBRAY commerce contributes $200 billion annually to resentatives JOHN MILLER, JOLENE UNSOELD, OF NEVADA the U.S. economy, and its efficiency in moving and SID MORRISON, I am introducing legislation IN THE HOUSE OF REPRESENTATIVES passengers and freight is vitally important to today to consolidate the city of Seattle's con the commercial infrastructure of our country. trol over the Cedar River watershed through Thursday, July 9, 1992 United States leadership cannot, however, an exchange of lands with the U.S. Forest Mr. BILBRAY. Mr. Speaker, this past week be taken for granted, and there is growing evi Service. The exchange authorized in this bill end, an American from Las Vegas brought the dence of the difficulties of U.S. companies re will achieve important public benefits for both glory of the Wimbledon championship back to lying solely on U.S. resources. New initiatives the city and the United States. the United States by conquering the grass are required. International cooperation in edu The Cedar River watershed in the Mount courts of England. Andre Agassi took the cation and research can provide a fresh stimu Baker-Snoqualmie National Forest encom championship this past weekend and brought lant to U.S. industry. passes more than 100,000 acres east of Se the Wimbledon trophy back to the United Mr. Speaker, the Congress has the unique attle and is the primary source of water for States where it had not been since 1984. opportunity to fund such an initiative which will about 1.2 million people in the Seattle metro Since his entrance into the pro ranks in greatly increase international cooperation in politan area. Over the past 100 years, the city 1986, Andre Agassi has taken the tennis world education and research. In the past several of Seattle has worked to expand its ownership by storm with his style of play and his fresh months, the Florida Institute of Technologies of the watershed in order to gain full control breath of youth which has captured the inter in Melbourne, FL, and the University of Lim over the quality of this vital resource. At ests of both tennis fans and sports enthusiasts erick, located near Shannon International Air present, the only other remaining owner is the worldwide. His hard hitting game has brought port and the Shannon World Aviation Park in U.S. Forest Service, which retains 17,000 a new aggressiveness and athleticism to the the Republic of Ireland, have worked hard to acres of land. court, pushing tennis to new levels of power develop an International Center for Aerospace For the last several decades, the city of Se and play. and Aviation Technologies in conjunction with attle has worked with the Forest Service to Yet, this world renowned superstar remains corporate partners in each country. The Harris consolidate city ownership of the watershed. a Vegas boy, making his home his native Las Corp., long a leader in air traffic control sys In 1947, the city of Seattle initiated the first of Vegas. Whether training with coaches at the tems in the United States, and the Guinness three land exchanges with the Forest Service. University of Nevada Las Vegas, where I my Peat Aviation Co. in the Republic of Ireland, The third exchange was completed in 1985 self played during college, or spending time which is the largest commercial purchaser of after 17 years of effort and resulted in city with his family, Andre remains a part of the United States built aircraft in the world, are to ownership of 81 percent of the watershed. Las Vegas community. be commended for their support of this Cen In 1962, the Forest Service and the city I can remember when Andre was just a kid ter. Further, I understand conversations are signed a cooperative agreement that detailed and would come to my house to spend time currently underway with the Stevens Institute the responsibilities and goals of each party with my daughter. To see a young boy grow of Technology in my home State of New Jer with respect to the management of the Cedar into a man and achieve his life's ambition is sey to incorporate the world-class research River watershed. According to the agreement, about as satisfying a feeling as any in life. capabilities of the Stevens Institute into this the Forest Service's ultimate objective within Watching him win Wimbledon was like watch- Center, further adding to the impressive capa- the watershed is to exchange National Forest 18466 EXTENSIONS OF REMARKS July 9, 1992 lands therein to the city in order thereby to Mr. O'Connor has also played a strong lead These are not exactly three household consolidate National Forest holdings else ership role in instituting a strong fire preven names in the community of persons with dis where. Pursuant to this agreement, the city tion policy in Baltimore and Maryland. He was abilities. But they should be as each in her has acquired roughly 17,500 acres of land for a charter appointee of the Maryland Fire Res own way has made a major contribution. Let me explain. exchange with the Forest Service. Each parcel cue Education and Training Commission and Christine Franklin is the high school stu was acquired with the knowledge and ap was appointed to the Governor's Emergency dent who filed an action under Title IX of proval of the Forest Service. Management Commission. He did an out the Education Amendments alleging sexual Over the years, Congress has encouraged standing job chairing the chief's council, re harassment in a federally funded school in the exchange of land between the Forest gional planning commission and the combined Georgia. She complained of being forced to Service and the city of Seattle. In 1911, Con charities campaign. have involuntary intercourse with a teacher, gress supported the city of Seattle's goal to As chief of the Baltimore City Fire Depart who resigned on condition that all charges consolidate its ownership of the Cedar River ment for 12 years, Mr. O'Connor has set a against him be dropped, which led the school watershed and gave the city the right to own to close its investigation. Christine Franklin record of excellence that will be hard to persevered and filed suit. In a landmark deci ership of the watershed through acquisition. match. Baltimore's transportation network cou sion the United States Supreme Court held Most recently, Congress reiterated its support pled with our high-density population and envi that plaintiffs have the right to file private in section 318 of the 1990 Interior appropria ronmental concerns have made firefighting a lawsuits to compel compliance with Title IX tions bill when it endorsed the city's policy to high-technology skill. Chief O'Connor has and, most significantly, can recover mone engage in comprehensive negotiations be worked tirelessly to ensure that our depart tary damages! Franklin v. Gwinnett County, tween the city and the Forest Service to ment is continually up to date with new equip 12 S.Ct. 1028 (1992), is a major victory in sup achieve land and timber exchanges. port of a longstanding principle of civil ment and personnel training. Chief O'Connor rights law: where legal rights have been in Both the city of Seattle and the Nation will has ensured our safety-citizens and fire benefit from the exchange proposed in this vaded and a federal statute provides for the fighters. Those of us who are privileged to general right to sue for such invasion, fed legislation. Strict and total control over the wa know him personally as well as professionally eral courts may use any and all available tershed will enable the city to manage the wa know what a loss his retirement is to our com remedies, including monetary damages, to tershed for the sole purpose of protecting munity. redress the wrong. water quality and avoiding treatment facilities Baltimore City is lucky to have had 38 years The implications of Christine Franklin's that would require a $160-million investment. of Mr. O'Connor's public service. I think it will lawsuit are profund. It could lead to awards In addition, the city will manage the watershed of damages under Section 504 of the Rehabili be a long time before Baltimore is graced by tation Act, which like Title IX, has a general in a manner that will contribute significantly to someone of Peter O'Connor's personal and the preservation of biological diversity, protec right to sue for its violation. Damages and professional qualities. Mr. Speaker, I hope that Section 504 is an issue which has never tion and regeneration of old-growth forest you and my colleagues will join me and the reached the United States Supreme Court. ecosystems, and conservation of declining citizens of Baltimore in paying tribute to this Hopefully, after Franklin, it won't have to species and plants dependent on or associ very special public servant. get that far as all the courts will follow the ated with old-growth forests. rationale of Franklin and award damages. In return, the public will obtain lands outside (Some lower courts had already awarded the watershed that are better suited to long EQUAL CIVIL RIGHTS REMEDIES damages under the Rehabilitation Act but term multiple use management. The offered FOR PEOPLE WITH DISABIL other courts have not.) lands possess important recreational, wildlife, ITIES: THE TIME HAS COME One key in the Franklin case was the ab sence of a congressional limitation on rem fisheries, watershed, wilderness, and timber edies. And that brings us to Barbara Ken production values desirable for acquisition by HON. BARBARA B. KENNEUY nelly, who is at the forefront (along with the United States. OF CONNECTICUT other civil rights stalwarts-men and Disputes over the management of our natu IN THE HOUSE OF REPRESENTATIVES women) in trying to reverse the congres ral resources have divided residents of the Pa sional limitation on remedies that is in the cific Northwest for several years now. I am Thursday, July 9, 1992 Civil Rights Act of 1991, P.L. 102-166. Ms. pleased that, in this instance, environmental Mrs. KENNELLY. Mr. Speaker, I would like Kennelly's bill, H.R. 3975, would eliminate groups and small mill owners alike have con to commend to my colleagues an article by the caps on the awards of damages that now tributed to this legislation and will support its is in effect for victims of discrimination Charles D. Goldman, Esq., that appeared re based on sex; certain religious beliefs, or dis passage. This land exchange provides an op cently in Horizons, a newspaper by and for ability. portunity for all sides to benefit-an oppor people with disabilities serving the Washing The Women's Political Caucus has been tunity that the Northwest cannot afford to pass ton, DC, metropolitan area. A copy of his arti quite active in marshalling support for the up. cle follows my statement. bill. The consortium of Citizens with Disabil As Mr. Goldman points out, the women's ities also has been actively supporting the movement and the disabilities community bill. The Bush Administration is opposed to TRffiUTE TO PETER J. O'CONNOR share common goals and common obstacles. it. There is a real possibility of an election year showdown on this bill. Give Congress Although the landmark Americans with Disabil woman Kennelly credit. She is at the fore HON. BENJAMIN L CARDIN ities Act [ADA] has now become law, people OF MARYLAND front of trying to legally empower persons with disabilities who sue under the ADA are with disabilities to be on the same tier as IN THE HOUSE OF REPRESENTATIVES subject to caps on compensatory and punitive minorities and other persons protected by Thursday, July 9, 1992 damage awards-the same caps to which vic civil rights laws. Mr. CARDIN. Mr. Speaker, today I rise to tims of intentional discrimination on the basis "Empowerment" is a concept that runs pay a very special tribute to a man who has of gender or religious belief are subject. rampant through Gloria Steinem's best sell Mr. Speaker, it is by joining together to meet er, "Revolution from Within." While this dedicated his life to saving lives. Peter J. wonderful book is not a "disability" book, it O'Connor, who recently retired as chief of the common ends that we can bring parity and is must reading because of its message for all Baltimore City Fire Department, has had a dis justice to civil rights law. That is why I intro pesons---whether or not they have a disabil tinguished career serving his community. duced the Equal Remedies Act, H.R. 3975, ity. Ms. Steinem explores at length concepts Since 1954, Mr. O'Connor has dedicated his that would remove the damage limitation im of self esteem and our ability to empower life to the Baltimore City Fire Department. Dur posed on victims of international discrimina ourselves by creating adult selves with self ing his long, distinguished career, Mr. O'Con tion. I urge my colleagues to read Mr. Gold esteem. The self-esteem which "Revolution nor has received many honors for his courage, man's thought-provoking article and to co from Within" describes is epitomized in peo compassion, and dedication. He has been sponsor H.R. 3975. ple such as Christine Franklin and Congress woman Kennelly. awarded the Distinguished Service Medal, the LEGAL ACCESS: THANKS TO THE WOMEN'S Reading "Revolution from Within" led me Meritorious Conduct Medal, and the Police MOVEMENT! to reflect on the exponential empowerment Department Citizens Award. He has also been (By Charles D. Goldman, Esq.) that persons with disabilities experienced named the Firefighter of the Year by the Christine Franklin. Barbara Kennelly. Glo when the Americans with Disabilities Act Highlandtown Exchange Club. ria Steinem. was signed. There has been an unprecedented July 9, 1992 EXTENSIONS OF REMARKS 18467 ground swell of pride, of self esteem that He said, "Why, this country is a shining city else. We Democrats believe that we can began with the signing ceremony at the on a hill." And the President is right. In make it all the way with the whole family White House lawn. many ways we are "a shining city on a hill." intact, and we have, more than once. (Ap Laws, such as ADA, the Rehabilitation But the hard truth is that not everyone is plause) Act, and Title IX of the Education Act, shap sharing in this city's splendor and glory. A Ever since Franklin Roosevelt lifted him ing how we view ourselves, can help us-dis shining city is perhaps all the President sees self from his wheelchair to lift this Nation abled or able-bodied, female or mal~m from the portico of the White House and the from it knees, wagon train after wagon power ourselves. Laws can provide the legal veranda of his ranch, where everyone seems train, to new frontiers of education, housing, fabric, which in turn gives each of us, includ to be doing well. peace, the whole family aboard, constantly ing Christine Franklin, the right to assert But there is another city. There is another reaching out to extend and enlarge that fam our self esteemed selves to ensure vindica part of the shining city-the part where ily, lifting them up into the wagon on the tion of our legal protections. These same some people can't pay their mortgages and way, Blacks and Hispanics, and people of laws lead to a political climate in which per most young people can't afford one; where every ethnic group, and Native Americans sons such as Barbara Kennelly can be in re students can't afford the education they all those struggling to build their families sponsible positions to advocate for further need and middle class parents watch the and claim some small share of America. progressive change. The self esteem and dreams they hold for their children evapo For nearly 50 years, we carried them all to empowerment which Gloria Steinem address rate. new levels of comfort and security and dig es are inextricably interwoven in a mutually In this part of the city there are more poor nity, even affluence. And remember this. reinforcing paradigm with the movements than ever, more families in trouble, more Some of us in this room today are here only for progressive legal and social change. and more people who need help but can't find because this Nation had that kind of con The women's movement does not benefit it. Even worse, there are elderly people who fidence, and it would be wrong to forget that. only women-or men. The women's move tremble in the basements of the houses (Applause). ment benefits people-women and men, able there, and there are people who sleep in the So, here we are at this Convention to re bodied or disabled, black or white, of what city streets in the gutter where the glitter mind ourselves where we come from and to ever faith. And in this day of scrutinizing ac doesn't show. claim the future for ourselves and for our tivities for their bottom line benefit, it is re There are ghettos where thousands of children. Today our great Democratic Party, freshing to recognize a movement which ben young people, without a job or an education, which has saved this Nation from depression, efits us all. give their lives away to drug dealers every from fascism, from racism, from corruption, day. There is despair, Mr. President, in the is called upon to do it again-this time to faces that you don't see, in the places that save the Nation from confusion and division, MARIO CUOMO'S ADDRESS AT 1984 you don't visit in your shining city. (Ap from the threat of eventual fiscal disaster DEMOCRATIC CONVENTION plause) and, most of all, from the fear of a nuclear In fact, Mr. President, you ought to know holocaust. (Applause) that this Nation is more a "Tale of Two But that's not going to be easy. Mo Udall HON. JOE KOLTER Cities" than it is just a "shining city on a is exactly right, it won't be easy. And in OF PENNSYLVANIA hill." (Applause) order to succeed we must answer our oppo IN THE HOUSE OF REPRESENTATIVES . Maybe-maybe-Mr. President, if you vis nent's polished and appealing rhetoric with a Thursday, July 9, 1992 ited some more places; maybe if you went to more telling reasonableness and rationality. Appalachia, where some people still live in We must win this case on the merits. We Mr. KOL TEA. Mr. Speaker, I rise today to sheds; maybe if you went to Lackawanna, must get the American public to look past speak to my colleagues on the eve of the where thousands of unemployed steel work the glitter, beyond the showmanship, to the Democratic National Convention in New York, ers wonder why we subsidize foreign steel; reality, the hard substance of things-and we where we Democrats will nominate Gov. Bill (Applause)-maybe, maybe, Mr. President, if will do it not so much with speeches that Clinton for President. Before rushing headlong you stopped in at a shelter in Chicago and sound good as with speeches that are good spoke to the homeless there; maybe, Mr. and sound, not so much with speeches that into the campaign maelstrom, and with this President, if you asked the woman who had will bring people to their feet as with speech momentous start looming in front of us, I been denied the help she needed to feed her es that will bring people to their senses. (Ap would ask my colleagues to pause for just a children because you said you needed the plause) moment to reflect on past political conven money for a tax break for a millionaire or We must make the American people hear tions. for a missile we couldn't afford to use our "Tale of Two Cities." We must convince One of my-and many others'-most vivid maybe then you'd understand (Applause) them that we don't have to settle for two memories is of Gov. Mario Cuomo's 1984 key maybe, maybe, Mr. President. cities, that we can have one city, indivisible, note address. His electrifying oratory is memo But I'm afraid not, because the truth is, la shining for all of its people. (Applause) rable for its eloquent description of who we dies and gentlemen, that this is how we were Now, we will have no chance to do that if warned it would be. President Reagan told us what comes out of this Convention is a babel Democrats are, what we stand for, our accom from the very beginning that he believed in of arguing voices. If that is what is heard plishments and our goals. His near poetic a kind of social Darwinism-survi val of the throughout the campaign, dissonant sounds speech paid tribute to the democratic prin fittest. Government can't do everything, we from all sides, we will have no chance to tell ciples that we all represent, and I would ask were told. So it should settle for taking care our message. that the text of Mr. Cuomo's address be en of the strong and hope that economic ambi To succeed we will have to surrender some tered into the RECORD at this time: tion and charity will do the rest. small parts of our individual interests to [Official Proceedings of the 1984 Democratic Make the rich richer, and what falls from build a Platform that we can all stand on at National Convention] the table will be enough for the middle class once and comfortably-proudly singing out. and those who are trying desperately to (Applause) (George R. Moscone Convention Center, San work their way into the middle class. We need a Plato we can all agree to, so Francisco, CA, July 1~19) You know, the Republicans called it trick that we can sing out the truth for the Nation KEYNOTE ADDRESS, Gov. MARIO M. CUOMO le-down when Hoover tried it. Now they call to hear in chorus, its logic so clear and com Governor CUOMO: Thank you very much. it supply side. But it is the same shining city manding that no slick Madison A venue com On behalf of the great Empire State and the for those relative few who are lucky enough mercial, no amount of geniality, no martial whole family of New York, let me thank you to live in its good neighborhoods. But for the music will be able to muffle the sound of the for the great privilege of being able to ad people who are excluded, for the people who truth-and, we Democrats must unite. (Ap dress this Convention. Please allow me to are locked out, all they can do is stare from plause) skip the stories and the poetry and the temp a distance at that city's glimmering towers. We Democrats must unite so that the en tation to deal in nice but vague rhetoric. It is an old story. It is as old as our his tire Nation can unite, because surely theRe Let me instead use this value opportunity tory. The difference between Democrats and publicans won't bring this country together. to deal immediately with the questions that Republicans has always been measured in Their policies divide the Nation into the should determine this election and that we courage and confidence. (Applause) lucky and the left-out, into the royalty and all know are vital to the American people. The Republicans believe that the wagon the rabble. Ten days ago, President Reagan admitted train will not make it to the frontier unless - The Republicans are willing to treat that that although some people in this country some of the old, some of the young, some of division as victory. They would cut this Na seem to be doing well nowadays, others were the weak are left behind by the side of the tion in half, into those temporarily better off unhappy, even worried, about themselves, trail. (Applause) and those worse off than before, and they their families and their futures. The Presi The strong, they tell us, will inherit the would call that division "recovery." (Ap dent said that he didn't understand that fear. land. We Democrats believe in something plause) 18468 EXTENSIONS OF REMARKS July 9, 1992 We should not be embarrassed, or dis Inflation is down since 1980, but not be We have been less than zealous in support mayed, or chagrined if the process of unify cause of the supply-side miracle promised to of our only real friend, it seems to me, in the ing is difficult, even wrenching at times. Re us by the President. Inflation was reduced Middle East, the one democracy there, our member that unlike any other Party, we em the old fashioned way, with a recession-the flesh and blood ally, the state of Israel. (Ap brace men and women of every color, every worst since 1932. (Applause) plause) creed, every orientation, every economic Now, we could have brought inflation down Our policy, our foreign policy drifts with class. that way. How did he do it? Fifty-five thou no real direction other than an hysterical In our family are gathered everyone from sand bankruptcies; two years of massive un commitment to an arms race that leads no the abject poor of Essex County in New York employment; 200,000 farmers and ranchers where-if we are lucky-and if we are not, it to the enlightened affluent of the Gold Coast forced off the land; more homeless-more could lead us into bankruptcy or war. at both ends of the Nation and in between is homeless than at any time since the Great Of course we must have a strong defense! the heart of our constituency-the middle Depression in 1932; more hungry, in this Na Of course Democrats are for a strong defense. class, the people not rich enough to be tion of enormous affluence, the United Of course Democrats believe that there are worry-free but not poor enough to be on wel States of America, more hungry; more times that we must stand and fight-and we fare. (Applause) poor-most of them women; and he paid one have. Thousands of us have paid for freedom The middle class, those people who work other thing, a nearly $200 billion deficit with our lives, but always, when this country for a living because they have to, not be threatening our future. (Applause) has been at its best, our purposes were clear. cause some psychiatrist told them it was a Now, we must make the American people Now they are not. Now our allies are as con convenient way to fill the interval between understand this deficit because they don't. fused as our enemies. The President's deficit is a direct and dra Now we have no real commitment to our birth and eternity. (Applause) friends or to our ideals, not to human rights, White collar and blue collar, young profes matic repudiation of his promise in 1980 to balance the budget by 1983. How large is it? not to the refuseniks, not to Sakharov, not sionals, men and women in small business to Bishop Tutu and the others struggling for desperate for the capital and contracts that The deficit is the largest in the history of the universe. President Carter's last budget freedom in South Africa. (Applause) they need to prove their worth. We have in the last few years spent more We speak for the minorities who have not had a deficit less than one-third of this defi cit. It is a deficit that according to the than we can afford. We have pounded our yet entered the mainstream. We speak for chests and made bold speeches, but we lost ethnics who want to add their culture to the President's own fiscal advisor may grow to as much as $300 billion a year for as far as 279 young Americans in Lebanon, and we live magnificent mosaic that is America. (Ap behind sand bags in Washington. plause) the eye can see. And ladies and gentlemen, it is a debt so How can anyone say that we are safer, We speak for women who are indignant stronger, or better? (Applause) that this Nation refuses to etch into its gov large that almost one-half of the money we Now, that is the Republican record. That ernmental commandments the simple rule collect from the personal income tax each its disastrous quality is not more fully un "thou shalt not sin against equality," a rule year goes just to pay the interest. It is a derstood by the American people I can only so simple-! was going to say, and I perhaps mortgage on our children's futures that can attribute to the Presidents amiability and dare not, but I will-it is a commandment so be paid only in pain. And that could bring the failure by some to separate the salesman this Nation to its knees. simple it can be spelled in three letters: E-R Now, don't take my word for it. I am a from the product. (Applause) A! (Applause) (Chants of E-R-A!) Now, it is up to us, now it is up to you and Democrat. Ask the Republican investment to me to make the case to America and to We speak for young people demanding an bankers on Wall Street what they think the education and a future. (Applause) remind Americans that, if they are not chances of this recovery being permanent happy with all that the President has done We speak for senior citizens. We speak for are. (Applause) You see, if they are not too senior citizens who are terrorized by the idea so far, they should consider how much worse embarrassed to tell you the truth, they will it will be if he is left to his radical procliv that their only security, their Social Secu say that they are appalled and frightened by rity, is being threatened. (Applause) ities for another four years, unrestrained. the President's deficit. We speak for millions of reasoning people Ask them what they think of our economy (Applause) Unrestrained. (Applause) fighting to preserve our environment from Now, if July brings back Anne Gorsuch now that it has been driven by the distorted Burford, what can we expect of December? greed and from stupidity, and we speak for value of the dollar back to its colonial condi reasonable people who are fighting to pre (Applause) tion-now we are exporting agricultural Where would another four years take us? serve our very existence from a macho in products and importing manufactured ones. transigence that refuses to make intelligent Where would four years more take us? How Ask those Republican investment bankers much larger will the deficit be? How much attempts to discuss the possibility of nuclear what they expect the rate of interest to be a holocaust with our enemy. (Applause) They deeper the cuts in programs for the strug year from now. And ask them, if they dare gling middle class and the poor to limit that refuse. They refuse because they believe we tell you the truth, you will learn from them can pile missiles so high that they will deficit? How high will the interest rates be? what they predict for the inflation rate a How much more acid rain killing our forests pierce the clouds and the sight of them will year from now-because of the deficit. frighten our enemies into submission. and fouling our lakes? Now, how important is this question of the And ladies and gentlemen, please think of Now, we are proud of this diversity as deficit? Think about it practically: what Democrats. We are grateful for it. We don't this. The Nation must think of this. What chance would the Republican candidate have kind of Supreme Court will we have? (Ap have to manufacture it the way the Repub had in 1980 if he had told the American peo licans will next month in Dallas by propping plause) ple that he intended to pay for his so-called We must ask ourselves what kind of Court up mannequin delegates on the convention economic recovery with bankruptcies, unem floor. (Applause) and country will be fashioned by the man ployment, more homeless, more hungry, and who believes in having government mandate But we, while we are proud of this diver the largest government debt known to hu sity, we pay a price for it. The different peo people's religion and morality; the man who mankind? If he had told the voters in 1980 believes that trees pollute the environment ple that we represent have different points of that truth, would American voters have view, and sometimes they compete and even (Laughter); the man that believes that the signed the loan certificate for him on elec laws against discrimination, against people, debate and even argue. That is what our pri tion day? (A chorus of noes) Of course not! go too far; the man who threatens Social Se maries were all about. That was an election won under false pre curity and Medicaid and help for the dis But now the primaries are over and it is tenses. It was won with smoke and mirrors abled. time, when we pick our candidates and our and illusions, and that is the kind of recov How high will we pile the missiles? Platform here, to lock arms and move into ery we have now as well. (Applause) How much deeper will the gulf be between this campaign together. (Applause) What about foreign policy? us and our enemies? If you need any more inspiration to put They said that they would make us and the And, ladies and gentlemen, will four years some small part of your own difference aside whole world safer. They say they have: by more make meaner the spirit of the Amer to create this consensus, then all you need to creating the largest defense budget in his ican people? do is to reflect on what the Republican pol tory-one that even they now admit is exces This election will measure the record of icy of divide and cajole has done to this land sive; by escalating to a frenzy the nuclear the past four years. But more than that, it since 1980. arms race; by incendiary rhetoric; by refus will answer the question of what kind of peo Now, the President has asked the Amer ing to discuss peace with our enemies; by the ple we want to be. ican people to judge him on whether or not loss of 279 young Americans in Lebanon in We Democrats still have a dream. We still he has fulfilled the promises he made four pursuit of a plan and a policy that no one believe in this Nation's future, and this is years ago. I believe as Democrats we ought can find or describe. (Applause) our answer to the question. This is our credo: to accept that challenge, and just for a mo We give money to Latin American govern We believe in only the government we ment let us consider what he has said and ments that murder nuns, and then we lie need, but we insist on all the government we what he has done. about it. (Applause) need. (Applause) July 9, 1992 EXTENSIONS OF REMARKS 18469 We believe in a government that is charac Remember this, that 50 years of progress Let's clear the aisles, please. Would the terized by fairness and reasonableness-a under our principles never cost us what the Sergeant-at-Arms please clear the aisles? reasonableness that goes beyond labels, that last four years of stagnation have. (Ap And now, ladies and gentlemen, let's dem doesn't distort or promise to do things that plause) And we can deal with the deficit in onstrate our support for the tradition of civil we know we can't do. telligently by shared sacrifice with all parts rights and the memory of Dr. Martin Luther We believe in a government strong enough of the Nation's family contributing, building King. to use words like love and compassion and partnerships with the private sector, provid I am pleased to welcome to the podi urn a smart enough to convert our noblest aspira ing a sound defense without depriving our remarkable leader in both civil rights and tions into practical realities. (Applause) selves of what we need to feed our children education. He lives and works in the great We believe in encouraging the talented, and care for our people. State of Alabama. He has been in the fore but we believe that while survival of the fit We can have a future that provides for all front of the battles for civil and human test may be a good working description of the young of the present by marrying com rights. the process of evolution, a government of hu mon sense and compassion. It is my pleasure to introduce the re mans should elevate itself to a higher order. We know we can, because we did it for spected educator, the Chairman of the Ala (Applause) nearly 50 years before 1980, and we can do it bama Democratic Caucus, the Honorable Joe Our government, should be able to rise to again if we do not forget, if we do not forget Reed. (Applause) the level where it can fill the gaps that are that this entire Nation has profited by these While Governor Cuomo spoke glowingly of left by chance or by a wisdom we don't fully progressive principles, that they helped lift America's better side, there were other, som up generations to the middle class and high understand. ber, undertones. He warned of a darker spirit We would rather have laws written by the er, that they gave us a chance to work, to go patron of this great city, the man called to college, to raise a family, to own a house, slowly invading our national psyche. I often "the world's most sincere Democrat," St. to be secure in our old age, and before that, think of how prophetic that ominous descrip Francis of Assisi, than laws written by Dar to reach heights that our own parents would tion was, especially during these currently dif win. (Applause) not have dared dream of. ficult economic times. When Mario Cuomo We believe, we believe as Democrats, that That struggle to live with dignity is the spoke of his tale of two cities he was referring a society as blessed as ours, the most afflu real story of the shining city, and it is a to a nation slowly being divided by wealth and ent democracy in the world's history, one story, ladies and gentlemen, that I didn't read in a book or learn in a classroom. I saw poverty. And let me tell you, conditions have that can spend trillions on instruments of not improved since his 1984 clarion call, they destruction, ought to be able to help the it and lived it like many of you. I watched a middle class in its struggle; ought to be able small man with thick calluses on both his have gotten worse. The growing chasm of to find work for all who can do it; room at hands work 15 and 16 hours a day. I saw him economic disparity in this country between rich the table; shelter for the homeless; care for once literally bleed from the bottoms of his and poor has created despair in those who the elderly and infirm; and hope for the des feet, a man who came here uneducated, have not equally shared in our bounty, a titute. alone, unable to speak the language, who mean-spiritedness in those who have been re And we proclaim as loudly as we can, the taught me all I needed to know about faith fused justice and fair treatment, and doubt in utter insanity of nuclear proliferation and and hard work by the simple eloquence of his example. I learned about our kind of democ those unable to find a job in this depressed the need for a nuclear freeze, if only to af market. None of these increasingly pervasive firm the simple truth that peace is better racy from my father, and I learned about our than war because life is better than death. obligation to each other from him and my emotions can help this country in its recovery, (Standing ovation) mother. They asked only for a chance to nor aid us in our future achievements. We believe in firm, we believe in firm but work and to make the world better for their It has been these unpleasantries I have fair, law and order. We believe proudly in the children. (Applause) And they asked to be been continuously reminded of during these union movement. (Applause) protected in those moments when they past months as our economic recovery has We believe, we believe in privacy for peo would not be able to protect themselves. faltered. I point them out to my colleagues to ple, openness by government. We believe in This Nation and this Nation's government did that for them, and that they were able to let them ruminate for themselves the correc civil rights, and we believe in human rights. tive actions this country needs to take. Let us (Applause) build a family and live in dignity and see one We believe in a single, we believe in a sin of their childrendden go from behind their identify the true corrosive conditions creating gle, fundamental idea that describes better little grocery store in south Jamaica on the anguish in our family members, so we may than most textbooks, and any speech that I other side of the tracks where he was born, properly eradicate them and erase these de could write, what a proper government to occupy the highest seat in the greatest structive thoughts from our minds. But most should be. The idea of family, mutuality, the state in the greatest Nation in the only importantly I highlight this grave situation for sharing of benefits and burdens for the good world we know (Applause)- is an ineffably those who may be President; to ask for your of all: feeling one another's pain; sharing one beautiful tribute to the democratic process. And, ladies and gentlemen, on January 20, help, to refrain from inflicting anymore need another's blessings reasonably, honestly, less wounds, to heal our pain and to face the fairly-without respect to race or sex or ge 1985, it will happen again, only on a much, ography or political affiliation. much · grander scale. We will have a new daunting task ahead. I wish that person suc We believe we must be the family of Amer President of the United States, a Democrat cess. ica, recognizing that at the heart of the mat born not to the blood of kings, but to the ter we are bound one to another, that the blood of pioneers and immigrants. (Applause) problems of a retired school teacher in Du And we will have America's first woman TRIBUTE TO THE REVEREND DR. luth are our problems. (Applause) That the Vice President. (Applause) The child of im RICHARD W. MOSLEY future of the child in Buffalo is our future. migrants. (Applause) she will open with one (Applause) That the struggle of a disabled magnificent stroke, a whole new frontier for the United States. HON. DALE E. KILDEE man in Boston to survive and live decently is OF MICHIGAN our struggle. (Applause) That the hunger of Now, it will happen. (Applause) It will hap pen if we make it happen, if you and I make IN THE HOUSE OF REPRESENTATIVES a women in Little Rock is our hunger. (Ap it happen. plause) That the failure anywhere to provide And I ask you now, ladies and gentlemen, Thursday, July 9, 1992 what reasonably we might, to avoid pain, is brothers and sisters, for the good of all of us, our failure. (Applause) Mr. KILDEE. Mr. Speaker, it is an honor for or the love of this great Nation, for the fam me to rise before you today to recognize the For 50 years, for 50 years, we Democrats ily of America, for the love of God, please created a better future for our children using lifetime accomplishments of a religious fulcrum make this Nation remember how futures are for the community of Pontiac, Ml, the Rev traditional Democratic principles as a fixed built. beacon, giving us direction and purpose, but Thank you, and God bless you. erend Dr. Richard W. Mosley of God's Taber constantly innovating, adapting to new re (Standing ovation) nacle of Truth Church. On July 11, 1992, alities: Roosevelt's alphabet program; Tru Governor COLLINS. Thank you, Governor church and community members will honor the man's NATO and the GI Bill of Rights; Ken Cuomo. (Applause) Thank you, Governor work that he has done in the name of the Lord nedy's intelligent tax incentives, and the Al Cuomo. (Applause). for over 23 years. liance for Progress; Johnson's civil rights; Governor CUOMO. Let me ask you one ques Dr. Mosley received an honorable discharge Carter's human rights, and the nearly mirac tion. ulous Camp David Peace Accord. (Applause) Are you ready for this campaign? (a chorus from the U.S. Army in 1964. He attended the Democrats did it. (Applause) Democrats of yesses) (Applause) Detroit College of Commerce in Macomb did it, and Democrats can do it again. We Governor COLLINS. Thank you, Governor County, Ml, Wayne State University in Detroit, can build a future that deals with our deficit. Cuomo. and has received a doctorate of divinity. In 18470 EXTENSIONS OF REMARKS July 9, 1992 1969, Reverend Dr. Mosley founded God's THE RESOLUTION TRUST COR ital requirements as needed to ensure that Tabernacle of Truth Church with a seven PORATION LOSS REDUCTION AND the association is taking appropriate steps member congregation. Since that time, the FUNDING ACT OF 1992 to meet required capital standards. church has grown physically and spiritually The Director shall impose an annual as sessment on an association that participates through the strength and guidance of Rev HON. Bill McCOllUM in the buy-back. The assessment is for the erend Dr. Mosley. He has been the copastor OF FLORIDA repayment of the entire buy-back amount of Wings of Truth Gospel Church since 1982. IN THE HOUSE OF REPRESENTATIVES and begins on the date the Director deter Both congregations respect and appreciate the mines the association to be sufficiently via years of dedicated work he has done for his Thursday, July 9, 1992 ble to begin paying it. The amount of the an community. Mr. McCOLLUM. Mr. Speaker, today I intrcr nual assessment will be determined by the Through his church, Dr. Mosley has begun duced a bill entitled "The Resolution Trust Director considering the viability and profit scholarship and tuition assistance programs Corporation Loss Reduction and Funding Act ability of the association, the amortization of 1992." The following is a section-by-section period for the supervisory goodwill when it for area youths. Moreover, Reverend Mosley was first placed on the association's books, provides food, medication, and eyeglasses to analysis of this bill: and the amount of the buy-back. children from needy families. The lives of hun SECTION 1. SHORT TITLE. All amounts received in repayment of the dreds of young people in Pontiac have been The Resolution Trust Corporation Loss Re supervisory goodwill buyback will be trans touched by his good works. All this he has duction and Funding Act of 1992. ferred to the Secretary of the Treasury, de contributed of himself, not for public recogni SEC. 2. FUNDING. posited in the general fund of the Treasury tion and acclaim. Reverend Mosley seeks only The Resolution Trust Corporation Refund and used solely for the reduction of the na tional debt. to satisfy the Lord. His community dearly loves ing and Improvement Act of 1991 is amended to eliminate the April 1, 1992 deadline for use No savings association may make a capital him and has been edified through his exam of appropriated funds by the Resolution distribution or pay dividends until its ple. He has truly been a good shepherd of his Trust Corporation (RTC). This frees the re buyback funds have been repaid. flock in the city of Pontiac. maining $17 billion which was appropriated The Office of Thrift Supervision (OTS) can Mr. Speaker, it is with great pride that I ask last year but not used by the RTC by the establish additional requirements needed to my colleagues in the House of Representa deadline. ensure the safety and soundness of qualified tives to join me in saluting the Reverend Dr. The Secretary of the Treasury shall pro savings associations. The RTC shall provide the necessary funds Richard Mosley of God's Tabernacle of Truth. vide to the RTC additional funding up to $25 billion to carry out its functions until April to implement the supervisory goodwill Our State and our community is a better place 1, 1993. buyback program from the funds appro in which to live due to his good work and shin These appropriated funds will be reduced priated in this bill. ing example. A true community leader, he has by the amount the Secretary determines to For associations which OTS has already devoted his life to helping others for the Lord be the net savings achieved by the super decided to close but for which the RTC has and deserves all our respect. visory goodwill buy-back program. not yet been appointed conservator or re SEC. 3. REDUCTION OF RTC LOSSES. ceiver, the Director will determine whether A Supervisory Goodwill Buy-Back Pro they qualify for the buy-back when this bill gram is established for the purpose of reduc is enacted. TRIBUTE TO LT. ELAINE M. HOGG ing the amount of taxpayer funds needed by the RTC and the number of savings associa tions closed at taxpayer expense through FINDING AND RECOMMENDATIONS HON. BOB McEWEN buying back supervisory goodwill from sav OF THE FIRST ANNUAL MENTAL OF OHIO ings associations that would be heal thy and HEALTH FORUM viable but for the goodwill they received in IN THE HOUSE OF REPRESENTATIVES resolving failed savings and loans in the Thursday, July 9, 1992 1980s. HON. ELEANOR HOLMFS NORTON This law will not affect any litigation re Mr. McEWEN. Mr. Speaker, Lt. Elaine M. OF THE DISTRICT OF COLUMBIA garding supervisory goodwill between the IN THE HOUSE OF REPRESENTATIVES Hogg, U.S. Navy, has completed her tour of United States and any savings associations duty as liaison officer at the Department of the ineligible for the buy-back program. Thursday, July 9, 1992 Navy's Congressional Liaison Office, U.S. A savings association qualifies for the buy Ms. NORTON. Mr. Speaker, on February 3 House of Representatives. I would like to take back if: (1) unless it participates in the buy of this year, I hosted the First Annual Con this opportunity to recognize her superlative back, the Office of Thrift Supervision (OTS) will close it and appoint the Resolution gressional Mental Health Forum, along with accomplishments. Trust Corporation (RTC) as conservator or the Coalition for Adequate Mental Health, Al Hailing from Long Island, NY, Elaine was receiver, (2) it has supervisory goodwill on cohol and Drug Abuse Services and the selected for this sensitive position based on its books, (3) the Director of OTS determines Washington Foundation for Psychiatry. This her exemplary record as a naval aviator. As a it will be viable and not fail if it participates focus was overdue because mental health and CH-46 Sea Knight helicopter pilot, serving in the buy-back, and (4) it agrees to waive all drug abuse problems traditionally have been aboard the U.S.S. Butte, U.S.S. Concord, claims against the Federal Government re kept in a dark closet, hidden like a family se U.S.S. Mount Baker, and U.S.S. Saturn, she sulting from legal changes in the treatment cret not to be mentioned in public. It is time for transferred by vertical replenishment literally of goodwill since the association received the goodwill. us to bring these important issues out of the thousands of tons of critical supplies to de In buying back an association's goodwill, closet into the light of day. ployed ships. She never lost her calm, even the Director will pay the association the re Most existing insurance actually discrimi while transferring pallets of supplies to ships placement amount from RTC funds, and in nates against individuals with mental illness. navigating in rough seas during the night. turn, the association will reduce the amount Amazingly, despite the deep concern about During her tenure as liaison officer, she of its supervisory goodwill by the amount of drug and alcohol abuse today, insurers limit proved to be instrumental in planning and the payment. The replacement amount is the access to treatment as they do for few other lesser of (1) the amount required to make the flawlessly executing numerous tasks for con association adequately capitalized under all conditions. The result is to force the spending gressional delegations which observed naval fully phased-in capital requirements, and (2) of millions of dollars because treatment can be operations around the world. Elaine has been an amount determined appropriate by OTS provided if at all only when the problems be a vital link in maintaining the flow of informa which is at least the amount of goodwill the come so serious as to require institutional tion between the Navy and Congress. She association then has and is at most the treatment. promptly resolved thousands of sensitive con amount it had at the enactment of the Fi Mental illness comes in a variety of forms gressional inquires. Elaine could always be nancial Institutions Reform, Recovery and that plague millions of Americans. Anxiety or counted on no matter how complex the task. Enforcement Act of 1989 (FIRREA). ders, such as phobias, panic disorders and If the buy-back brings the association into Elaine is respected for both her knowledge compliance with fully phased-in capital obsessive compulsive disorders, affect nearly and honesty by my colleagues on both sides standards, then it must continue to meet 26 million Americans, yet 75 percent of them of the aisle. I know that they, as well as I, those standards from that time forward. Oth never seek treatment. Depression affects 11.2 wish ther "fair winds and following seas." erwise, the OTS can establish additional cap- million Americans-resulting in the suicides of July 9, 1992 EXTENSIONS OF REMARKS 18471 more than 18 children each day and 6,000 ance contract which is not clinically pitalization by providing non-discriminatory older Americans each year. Yet 90 percent of based."] 1 coverage for less costly office treatment."] those suffering from depression can be cured ["Where the 20 visit number comes from is VI. All Health Access Proposals Now Pend a mystery. Twenty visit outpatient coverage in weeks with appropriate treatment. The ing in Congress Would Perpetuate Discrimi is like adopting a rule that says all surgery nation. Without exception, every health care homeless have become a reality of daily life in must stop after one hour."] access proposal now pending in Congress our cities. Thirty-three percent of them have II. More Enlightened State Policy. Policies flatly discriminates against treatment pro persistent and severe mental illness and over of many states, including the District of Co grams for victims diagnosed with mental dis half suffer from either alcohol or drug addic lumbia and Maryland, require access to eases and substance addiction. tions. Many of these people were once in health care for victims of mental disease and At best, these proposals provide a few out State mental hospitals. Having been deinstitu substance addiction. These state-imposed patient visits and some hospitalization for mental illness benefits may be avoided under victims of the most severe mental disorders. tionalized, they have ended up on our streets, federal ERISA provisions. Moreover, vir ill-equipped and unable to function independ For mental disease, not one of the pending tually all proposals pending in Congress proposals employs a treatment access stand ently. These statistics reveal the widespread which purport to improve access to health ard based upon medical psychological neces nature of mental illness and drug abuse. Yet care preempt these more generous state pol sity, as they do for other medical problems. icy mandates and perpetuate discriminatory individuals are not receiving the treatment they RECOMMENDATIONS need. Why? Lack of insurance coverage, lack benefits. III. Pre-Existing Conditions. A history of 1. All Relevant Committees of Congress as of access to treatment, fear of stigma of men a high priority should examine the issue of tal illness, or a combination of all these things. mental illness or substance abuse stig matizes victims through unfair disclosure re health care discrimination against victims The narrow-minded and regressive attitude quirements and bars them from access to of mental illness and substance addiction, that pervades the policies of our Nation's in adequate health care unlike victims of other conduct hearings and otherwise employ their surance companies only exacerbates what are health problems. resources to end such discrimination. already crises situations for many ailing indi ["People who need treatment will not seek 2. Model legislation should be developed viduals. treatment because they are fearful of the fu and enacted specifically to eliminate exist ture impact on their insurability; people di ing discrimination in the delivery of mental We must develop and pass legislation to im illness and substance abuse services. prove delivery of treatment for mental illness agnosed with depression cannot get life in surance."] 3. Pending legislation should be amended and to make treatment more accessible to IV. Managed Care. Managed care including to eliminate and correct those provisions those who need it. We must actively work to the HMO settings and utilization review which perpetuate discrimination in access to eliminate discrimination against the mentally strategies unjustifiably preempt medically health care by victims of mental illness and ill, particularly in the insurance industry. As the necessary treatment of serious mental dis substance addiction. House considers the various national health ease and substance addiction. The lack of re care reform proposals on the table, it is espe view standards further exacerbates such dis crimination. REFORM THE SUPERFUND LAW cially crucial that mental health and substance ("Accountability should be placed across abuse issues be included on the national the board; utilization review companies and health care agenda. Whatever proposals are managed care companies have to be brought HON. WAYNE OWENS ultimately adopted must require that mental out into the open. The cost to us, the pa OF UTAH health and drug abuse problems be treated as tients in terms of truncated treatment, IN THE HOUSE OF REPRESENTATIVES treatment aborted, treatment interfered the legitimate illnesses that they are and that Thursday, July 9, 1992 those who suffer these problems are able to with is enormous. Then there is the cost in obtain the help they need. terms of paperwork, of an extra-percentage Mr. OWENS of Utah. Mr. Speaker, I rise to of the health care dollar going to forms and introduce legislation to reform the Comprehen I am pleased to submit for my colleagues' to these utilization reviews."] review the findings and recommendations from sive Environmental Response, Compensation, ["Many of the most seriously ill patients and Liability Act, which is commonly known as this year's Congressional Mental Health cannot get care in the HMO's. "] Forum. I encourage my colleagues to review ["There are no published review stand the Superfund law. this insightful summary and to take stock of ards."] The Superfund law is a super disappoint these ideas as they consider the larger issue V. Cost-A Myth Used to Justify Discrimi ment. This law was supposed to ensure clean of health care reform. nation. Is there a scientific basis supporting up of contaminated hazardous waste sites and the premise that non-discriminatory treat to make polluters responsible for cleaning up FIRST ANNUAL CONGRESSIONAL MENTAL ment for mental illness costs proportion the contamination. In practice, the Superfund HEALTH FORUM FINDINGS AND RECOMMENDA ately more than the treatment of other ill law has wasted public resources while private TIONS nesses? Not according to most studies. Too lawyers and consultants clean up at the bank. FINDINGS often one hears the argument that the rea son for discriminating against the delivery The Superfund law has been on the books The Forum identified pervasive discrimi for more than 10 years and Congress has ap nation in the delivery of treatment services of mental illness services is the cost. Some to victims of mental illness and substance how the cost of these services as compared propriated billions of dollars for the Superfund addiction. Discrimination is perpetuated in with services for other illnesses, it is urged, Program. Despite the time and money that coverage and benefits, by third party payers justifies artificial caps and treatment inter has gone into the program, only about 70 sites and under self-insurance schemes. Federal ruptions. But there is no data supporting out of the most contaminated sites have been subsidies discriminate along with federal fi this premise. In fact, there is a strong sci fully cleaned up. That's only 5 percent of the entific case that costwise, non-discrimina nancing guidelines. Discrimination exists in more than 1,200 Superfund sites identified by programs such as Medicare and Medicap and tory treatment of mental-based disease does not inflate costs. EPA as the most serious threats to public extends to Health Maintenance Organiza health and the environment. tions, CHAMPUS and to virtually all feder ["By diagnosing and treating mental ill ally approved or supported treatment set ness early, there is a strong likelihood that A 5-percent return over a 10-year period tings. there will be less treatment of other illnesses would be unacceptable to most businesses. A few examples of how such discrimination later. Further, there is increasing recogni When the health and safety of our citizens and is manifested: tion that treatment of mental illnesses plays the protection of our environment is at stake, a substantial role in mitigating other dis I. Outpatient Care and Hospitalization. Pa eases including heart disease."] a 5-percent cleanup rate is not only intolerable tients diagnosed with the most severe forms ["Studies support the notion that affording but also a tragic failing that must be corrected. of mental illness or substance addiction, un mental treatment based on "medical or psy The Superfund law was also intended to like all other patients, are not afforded chological necessity" and without discrimi make polluters pay for the environmental darn treatment on the basis of medical or psycho nation is cost effective.") logical necessity. They are limited to artifi age they cause. No doubt some real polluters ["Another aspect of this issue has to do get caught in the Superfund liability net. But cial, arbitrary and unjustified restrictions with the reduction in more costly hos- imposed by insurance companies, managed the law has also been used to force innocent care providers and governmental agencies. parties to pay for cleanup of contaminated ["We need the decision about treatment to 1 Quotations in brackets are from expert testimony waste sites. at the Forum proceedings which have been tran be based on the condition of the patient, not scribed. Copies of transcripts are available. Contact Under the Superfund law's strict liability on the basis of some arbitrary law or insur- CAMADAs-(202) ~270 . scheme, it's been said that "no good deed 18472 EXTENSIONS OF REMARKS July 9, 1992 goes unpunished." The experiences of two for Superfund cleanups. Parties who violated That certainly is the intent of the prin Utah businessmen who I know personally pro applicable environmental laws or negligently cipal authors, with the caveat that two er vide graphic illustrations of how Superfund un disposed of hazardous waste would remain rors need to be corrected that are purely ty pographical: fairly punishes individuals and businesses for fully liable for cleanup. But parties who com First, H.J. Res. 290, as introduced, was wrongs they did not commit. plied with all legal requirements and were not printed without most of the Resolving One of the Superfund law's victims, David negligent in disposing of their wastes would no clause; this, of course, is boilerplate, and will Early, owns several auto service centers. Over longer be required to pay for cleanup merely be restored to the official text of the sub the years, used oil from these centers was because their wastes ended up at a contami stitute that is sent to the desk. Obviously, sent to Ekotech for recycling. Ekotech was li nated site. there will be no surprises here. censed by the State of Utah as a recycling fa My bill also contains provisions that would Second, the word "principal" was mis spelled in section 7. We wanted to make sure cility, and this company picked up used oil speed up cleanups at Superfund sites. Instead to get the final text in the Congressional from Mr. Early's auto centers for that purpose. of spending years determining the appropriate Record for June 9, to make sure that our col Subsequently, Ekotech ceased operations and cleanup levels before active cleanup even be leagues-and all other interested parties its property was discovered to be contami gins, my bill requires EPA to develop cleanup had the maximum amount of time possible nated. standards that would answer the "how clean is to review the amendment. This way, all Last year, the Ekotech property became a clean" question upfront, so cleanup would get members will have had two full days to re Superfund site and EPA identified Mr. Early as underway sooner. And, to ensure that cleanup view the language of the substitute before we vote on it. a party responsible for cleanup of the site. It proceeds expeditiously, EPA would also es I want to re-emphasize that the substitute did not matter that he did nothing illegal or tablish deadlines for responsible parties to de makes no substantial changes in the joint negligent that caused the Ekotech site to be sign and implement a remedy for the site. resolution, as introduced. come contaminated. All that mattered was that Finally, my bill provides additional revenue SECTION 1 used oil from David Early's auto centers had to fund cleanups at Superfund sites by ex 1. What is a "specific excess of outlays over ended up at the site and that Mr. Early had panding the coverage of the corporate envi receipts"? Is this a set amount for the entire money and Ekotech didn't. ronmental tax currently used to provide part of year or does this refer to each bill that Nor did Mr. Early's innocence prevent EPA the funding for Superfund cleanups. This will might cause a deficit? from treating him like a criminal. EPA told Mr. be a fairer means of ensuring that EPA has The exact nature and amount of the "spe Early that if he did not contribute to the clean sufficient funding to conduct cleanups than its cific excess of outlays over receipts", and the legislative vehicle which will carry it into up of the Ekotech site by April 30 of this year, current practice of shaking down innocent par law, is going to depend on several things. he would face penalties of $25,000 per day. ties like Mr. Early and Mr. Steiner and forcing Most important of those is the final design Not surprisingly, Mr. Early agreed to contribute them to remedy environmental problems they of the legislation that will implement and to the Ekotech cleanup. did not cause. enforce this amendment, which I expect the Another of my constituents, Kevin Steiner, The legislation I am introducing today is it Chairman of the Budget Committee will now finds himself in a predicament similar to self a remedy for the deficiencies in the have a pivotal role in shaping. Whether the Mr. Early's. Only Mr. Steiner has the misfor Superfund Program. It's time to clean up excess to be voted on is contained in a single tune to be identified as a potentially respon bill or set out piecemeal in more than one Superfund so that it can accomplish the objec bill will be determined the way any such pro sible party at one of the most costly Superfund tives Congress intended the law to achieve. cedure should be, in that implementing leg sites in the country, the Lowry landfill in Colo islation. rado. The estimated cost of cleaning up this In general, at its parameters, this language site ranges as high as $4.5 billion. So even BALANCED BUDGET AMENDMENT requires Congress to vote on the specific, though the waste the Steiner Corp. sent to the maximum, allowable amount of the deficit Lowry landfill is a fraction of a percent of the HON. CHARLFS W. STENHOLM for the fiscal year in question. That excess total, the company must pay hundreds of thou amount needs to be approved by three-fifths OF TEXAS of the whole number of members of both sands of dollars in cleanup costs. IN THE HOUSE OF REPRESENTATIVES Houses and presented to the President for What did the Steiner Corp. do to incur this Thursday, July 9, 1992 signature or veto. As is obvious from the liability? Did the company break the law? Did context of the rest of Section 1, which ad it dump toxic waste at the Lowry landfill? The Mr. STENHOLM. Mr. Speaker, I would like dresses measuring total outlays of one fiscal answer to both these questions is "no." to submit additional explanatory materials re year against total receipts for the same fis Steiner, a linen supply company, hired li garding House Joint Resolution 290, the bal cal year, the excess would be approved for no censed carriers to ship about 75,000 gallons anced budget amendment to the Constitution, more than that same fiscal year. of dirty wash water that was eventually depos for the permanent RECORD of June 10, 1992. One additional procedure will be obvious. After a fiscal year has begun, all appropria ited at the Lowry landfill. This waste water was It is my hope that this information will make tions and any other direct spending laws for a mixture of dirt, sand, lint and other by-prod the record on the amendment complete. that year have been enacted, and either a ucts from Steiner's washing of textiles. The most important document is a memo balance has been planned or a deficit amount Mr. Steiner would like to fight the EPA but answering several questions raised by Budget already approved, an additional exigency he cannot take the risk because, if he loses, Committee Chairman LEON PANETIA regarding may raise the possibility of an additional ex his company could be forced to pay hundreds the substitute amendment that I offered on be cess. For example, a natural disaster may of millions of dollars in cleanup costs. In order half of Representatives BOB SMITH, TOM CAR occur, an economic downturn may increase to protect his rights, Mr. Steiner would have to PER, OLYMPIA SNOWE, and JIM MOODY. Chair certain benefit payments, armed hostilities may erupt, or some other emergency may bet the ranch and he can't afford that gamble. man PANETIA and I agreed that this informa arise. At that point, Congress and the Presi Every Member of Congress has probably tion would be submitted for the RECORD at the dent must decide-much as they do today heard similar stories from constituents about point of a colloquy between Mr. PANETIA and under the pay-as-you-go process in the 1990 the inherent unfairness of the Superfund law. myself, on June 10, on the questions. I am Budget Enforcement Act-whether this un The fact that these stories are common shows also submitting for the RECORD several edi anticipated need should be met by rescinding that the Superfund liability scheme must be re torials by columnists George Will and Michael other planned spending or by appro~ing a formed. Kinsley, as well as information on the national specific, additional excess amount of out Congress needs to make the Superfund law debt prepared by the National Taxpayers lays. The former option may be approved by fairer, so that innocent parties like Mr. Early a simple majority and the latter by a three Union. fifths majority of each House. and Mr. Steiner are not caught up in the ANSWERS TO THE "TOUGH QUESTIONS"-SUB SECTION 2 Superfund liability net. And Congress needs to MITTED BY CHAIRMAN LEON PANETI'A ABOUT 1. The gentleman refers to the "limit on make the Superfund law work more effectively THE STENHOLM-SMITH-CARPER-SNOWE the debt held by the public." What does this so that more than a handful of contaminated MOODY BALANCED BUDGET AMENDMENT TO mean? Does this establish a whole new test sites are cleaned up each year. THE CONSTITUTION for the debt limit? What happens to debt The legislation I am introducing today is de (By Congressman Charles W. Stenholm) held by trust funds? signed to do just that. First, it changes the li Is the text in the Record (of June 9, 1992) As the Chairman of the Budget Committee ability standard so that only real polluters pay the final version? knows, "* * * debt of the United States held July 9, 1992 EXTENSIONS OF REMARKS 18473 by the public * * * "is a widely used and un by Congress setting or changing tax rates, 4. What about Grenada, Panama, Kuwait, derstood measurement tool. The Congres tax bases, fee structures, formulas for fines, or the reflagging effort several years ago? sional Budget Office defined "publicly held and other such policies. That section begins: The provisions could have been waived, one federal debt" in its 1992 Economic and Budg "All Bills for raising Revenue shall originate fiscal year at a time, if U.S. military forces et Outlook: Fiscal Years 1993-1997 book as in the House of Representatives. * * *" were engaged in active hostilities, as they "Debt issued by the federal government and Our intent is that these words mean the were in Grenada, Pamama and Kuwait. In held by nonfederal investors (including the same things in our amendment as they al each of those instances, Congress would have Federal Reserve System)." The "debt held by ready do elsewhere in the Constitution. had the responsibility to decide whether or the public" differs from the gross federal Obviously, a "bill to increase revenue" is not the military conflict resulted in an in debt or the "public debt", in that it does not legislation that would make a change in law crease in expenditures and an imminent include the securities issued to government calculated on a net basis to raise more reve threat to national security significant trust funds. nue than current policy at any given time. enough to necessitate waiving the provisions The amendment would establish a new 3. What would the test be for the Presi of this article by a joint resolution. For ex statutory limit on debt held by the public dent's capital gains proposal, which cuts tax ample, Congress could have chosen to in which would require a three-fifth vote to in rates but which, according to OMB, raises clude a waiver of the amendment in H.J. Res. revenues? Is it subject to this requirement? 62, the joint resolution authorizing Desert crease. Congress may or may not wish to This essentially represents a decision continue to set by statute a limit on the about scorekeeping and scorekeepers that Storm, if it was the will of the House and public debt. Congress may choose to include would have to be resolved in implementing Senate to do so. an increase in the current, statutory limit legislation. SECTION 6 on public debt in legislation to increase the 4. If a single tax provision has the effect of 1. Does this section modify section 1, so debt held by the public (which would require reducing revenues in one fiscal year and rais that the requirement is not actual outlays a three-fifths vote), or choose to continue ing them in another, is that provision sub against actual receipts, as in section 1, but passing increases in the public debt in sepa ject to this section? Does it matter in which estimated outlays against estimated re rate legislation (which would require a sim fiscal year the increase would occur? ceipts? ple majority). (A separate increase in the The intent of the provision is to measure Section 6 clarifies that Congress has the public debt, which would reflect primarily the revenue impact of a tax bill over the pe flexibility to rely on reasonable estimates just trust fund surpluses in the future, would riod of time most relevant for the purposes when appropriate in complying with section become a more ministerial, less controver of scoring the legislation. This, too, is obvi 1. Over the course of the year, outlays may sial, function.) ously the type of procedure best established not exceed receipts unless specifically ap The authors of the amendment chose to in implementing legislation. Under current proved under the terms of section 1. On the use the formulation "debt held by the pub law, the five year period over which CBO other hand, a temporary dip in receipts or lic" because we did not wish to require a scores spending and tax legislation normally jump in outlays need not trigger a sequester, three-fifths vote when a trust fund surplus would apply, except in instances in which rescission or other offsetting action it is rea necessitates an increase in the public debt. legislation has an obvious revenue impact sonable to assume that such a "glitch" will In addition, common sense suggests, and that will not occur until after the five year be offset in the near-term by normal eco CBO states, that the most appropriate window. nomic or budgetary fluctuations. benchmark to use is debt held by the public, SECTION 5 2. Could the legislation provide for measur the federal government's borrowing from all 1. The gentleman states that the Congress ing estimated receipts against actual outlays non-federal-government sources. may waive the provisions of this article for or actual receipts against estimated outlays, SECTION 3 any fiscal year when there is a declaration of or must it be both estimated outlays andes 1. The gentleman requires that "a" bal war in effect. Does this mean that this can timated receipts? anced budget be submitted "prior to each fis be done by concurrent resolution, without The provision does not require that Con cal year." Could the President submit an un Presidential involvement? gress utilize estimated outlays or estimated balanced budget in January or February, and No. Article 1, Section 7 of the Constitution receipts. It allows Congress the discretion to then wait until September 30th to submit a provides that "Every Order, Resolution or rely on estimates in, or pursuant to, imple document that purports to be a balanced Vote to which the Concurrence of the Senate menting and enforcing legislation, where ap budget? and the House of Representatives may be propriate. There are certain cases in which The amendment does not change existing necessary (except on a question of adjourn Congress almost certainly would wish to rely statutory provisions establishing a deadline ment) shall be presented to the President of on estimates, and others in which actual for submission of the President's budget. As the United States" for signature or veto. measurements are more appropriate. For ex the Chairman knows, the current statutory Generally, this clause also has been inter ample, under Gramm-Rudman-Hollings, a se deadline is in February. Our amendment pro preted to exempt from presentment to the quester would be triggered by aggregate esti vides simply that Congress could not enact a President legislation passed by both Houses mates of outlays, while the sequester itself statutory deadline for submission of the in concurrence that has no impact beyond would affect actual amounts of specific out President's budget later than the beginning the internal operations of either House, such lays. of the fiscal year. as the committee targets set out in a budget 3. Whose estimates would these be? Estimates would be determined and used SECTION 4 resolution. Therefore, a Congressional waiv er of the amendment during a declared war pursuant to legislation passed by Congress to 1. What is "a bill to increase revenue"? Is would have to be submitted to the President implement and enforce the amendment, as this a net test or a gross test? for his signature or veto. has been the case under the 1974 Budget Act, The clear intent of the amendment is to 2. Would the gentleman share with the Gramm-Rudman-Hollings, and the 1990 Budg look at the overall revenue effect of a bill. House the meaning of the second sentence in et Enforcement Act. Section 4 therefore requires a net test. For a this section, relating to national security? Congress has various options for the proce further definition, see the following ques The waiver is not a waiver for any threat dure it may use in establishing estimates. tion. to national security, but for a threat to na This is an issue most appropriately ad 2. Why does the gentleman use the word tional security caused by a military conflict. dressed in implementing legislation. It is the "receipts" in section 1 and "revenue" in sec This provision would apply only to an en expectation of the authors of the amendment tion 4? What is the difference in meaning, if gagement of military forces in active hos that any implementation legislation will in any? tilities. Congress would be given appropriate clude a mechanism for arriving at accurate Our amendment uses the words "receipts" discretion in deciding when a military con and responsible estimates. and "revenue" in exactly the same way the flict constituted an "imminent and serious 4. What is the constitutional requirement Constitution already does. military threat to national security" under if the Congress does not adopt the legislation In Article I, Section 9, Clause 7, "Receipts" the plain meaning of this phrase. contemplated in this section? Is the test are treated as a quantitative description of 3. Would the "cold war" meet the test for then actual receipts and actual outlays? money received by the Treasury in con this national security waiver? If not, why This section creates a positive obligation sequence of the exercise of the government's not? on the part of Congress to enact appropriate sovereign power to compel payments to the The cold war clearly would not meet the implementing and enforcing legislation. If Treasury. That clause states, in part: requirement for a waiver under Section 5 Congress does not pass implementing and en "* * * a regular Statement and Account of under any reasonable interpretation of the forcing legislation, it has made a decision by the Receipts and Expenditures of all public language. As I stated in response to the pre default not to utilize estimates as provided Money shall be published from time to vious question, the operative language in for in Section 6. In this unlikely event that time." Section 5 is "military conflict", which re there was no clarifying legislation, section 1 In Article I, Section, 7, "Revenue" is de quires that military forces be engaged in ac would provide for a test of actual receipts scribed as the subject of legislation enacted tive hostilities. and outlays. 18474 EXTENSIONS OF REMARKS July 9, 1992 OTHER we have undertaken our evaluation of the ments from the Treasury are affected by the 1. The gentleman does not include a time proposed Amendment. Balanced Budget Amendment. In order to at limit on ratification, as he did in the 101st We have confined our remarks to the pros tain standing, such persons must meet the Congress version of a balanced budget pects for judicial enforcement of the Bal following Article III requirements: (1) They amendment, in either the text of his amend anced Budget Amendment. Critics have must have sustained an actual or threatened ment in the Record in the introduced bill. In charged that the Amendment will unleash an injury; (2) Their injury must be traceable to light of the recent experience with the 27th avalanche of litigation, thereby paving the the governmental action in question; and (3) amendment, does he intend to do so? way for the micro-management of budgetary The federal courts must be capable of re Yes. As noted above, the resolving clause, policy by the federal judiciary. As defenders dressing the injury.s which includes the time limit, was inadvert of the Madisonian system of checks and bal Assuming a plaintiff could meet the first ently omitted from the text of the amend ances, we at the Foundation take such two requirement, he still must show that the ment as introduced. The customary 7-year charges seriously and have scrutinized them federal courts are capable of dispensing a limit will be included in the final text of the in light of the relevant case law. remedy. Judicial relief could take the form amendment that is offered at the desk as a We begin with a brief overview of standing of either a declaratory judgment or an in substitute. doctrine and its impact on the justiciability junction. A declaratory judgment, stating 2. What does the gentleman contemplate of the proposed Amendment. We than con that Congress has acted in an unconstitu with respect to the issue of whether the sider the political question doctrine and the tional manner, would do little to redress the amendment gives the President impound barriers it creates to judicial review. We con plaintiff's injury. On the other hand, injunc ment authority? clude with our recommendations for refining tive relief could pose a serious threat to the The amendment does not broaden in any and implementing the Amendment. separation of powers. way the current powers of the President. Ab I. STANDING UNDER THE BALANCED BUDGET For example, an injunction ordering Con sent some other process being legislated, the AMENDMENT gress to reinstate funding for a particular President would have the same non-discre program would substantially infringe upon Standing refers to a plaintiff's interest in Congress's legislative authority. Similarly, tionary duty to order that no funds be dis the issue being litigated. Generally speak bursed from the Treasury, at the point in an injunction ordering all government agen ing, in order to have standing a plaintiff cies to reduce their expenditures by a uni time when actual outlays would otherwise must have a direct, individualized interest in exceed the maximum amount allowed, just form percentage-would undermine the inde the outcome of the controversy at hand. Per pendence of the Executive Branch. It is un as the President has such a duty today in the sons airing generalized grievances, common event appropriations have not been enacted likely that the present Supreme Court would to the public at large, invariably lack stand uphold a remedy that so blatantly exceeds in time to keep programs going. This does ing. not envision in any way any sort of discre the scope of judicial authority outlined in Limitations on standing stem from two Article m. tionary impoundment power on the part of sources. Article III, Section II of the Con the President or courts. The President could stitution restricts the jurisdiction of the fed C. TAXPAYERS not order that funding for certain programs eral judiciary to "cases" and "controver Taxpayers may have a better chance of at be halted while allowing funding to continue sies." As a result, only plaintiffs with a per taining standing under the proposed Bal for other programs. sonal stake in the outcome of a particular anced Budget Amendment. Traditionally, 3. What does the gentleman think the role case have standing to litigate. The general the federal courts refused to recognize tax of the court would be in enforcing the prohibition against advisory opinions also payer standing. However, in 1968 the Warren amendment? can be traced to Article III. Court held in Flast v. Cohen that a taxpayer 4. Who would have standing to sue under In addition to Article ill restrictions, fed plaintiff does have standing to challenge this amendment? What about taxpayers or eral courts have outlined certain "pruden Congress's taxing and spending decisions if Members of Congress? tial" restrictions on standing, premised on the plaintiff can establish a logical nexus be 5. Professor Tribe of Harvard and Professor non-constitutional policy judgments regard tween his status as a taxpayer and his legal Dellinger of Duke advised the Senate Budget ing the proper role of the judiciary. Unlike claim.4 Committee that taxpayers probably would Article ill restrictions on standing, pruden The logical nexus test consists of two dis have standing. Do you think they are wrong? tial restrictions may be altered or over tinct elements. First, the plaintiff must Do you think taxpayers shouldn't have ridden by Congress. demonstrate that the congressional action in standing? Standing requirements under the proposed question was taken pursuant to the Taxing 6. What kinds of remedies will be available Balanced Budget Amendment will vary ac and Spending Clause of Article I, Section 8 of to the courts to enforce this amendment? cording to the type of litigant. Potential liti the Constitution. Second, the plaintiff must Could they enjoin passage of legislation that gants fall into three categories: (1) Members show that the statute in question violates a would cause a deficit? of Congress, (2) Aggrieved Persons (e.g. per specific constitutional restraint on These four questions are answered com sons whose government benefits are reduced Congress's taxing and spending power.s pletely and eloquently in a memo prepared or eliminated by operation of the Amend Taxpayers suing under the proposed Bal by Joseph Morris of the Lincoln Legal Foun ment), and (3) Taxpayers. anced Budget Amendment probably could dation. I am inserting this memo for the meet both prongs of the logical nexus test. 6 record. This memo accurately states both A. MEMBERS OF CONGRESS In order to satisfy the first prong, potential the intent and the understanding of the au The federal courts by and large have de litigants would have to tailor their com thors of the amendment as to how our nied standing to members of Congress to liti plaint to challenge the unconstitutional en amendment will operate in this regard. gate issues relating to their role as legisla actment of a law by Congress (e.g. an appro The attachment memo concludes, " ... It tors.1 Only when an executive action has de priation bill), not the unconstitutional exe is our view that there is virtually no danger prived members of their constitutional right cution of a law by the Executive. Litigants that the constitutional balanced budget to vote on a legislative matter has standing could satisfy the second prong by dem amendment contemplated by H.J. Res. 290 been gran ted. 2 onstrating that the statute in question vio would cede the power of the purse to a run Accordingly, members of Congress are un lates the Balanced Budget Amendment, an away judiciary. . . If ratified and made part likely to have standing under the proposed express restriction on Congress's taxing and of the Constitution, the balanced budget Balanced Budget Amendment, unless they spending power. amendment would retain responsibility and can claim to have been disenfranchised in Even if a taxpayer satisfies Flast's logical accountability for all Federal outlays their legislative capacity. Assuming that nexus test, more recent opinions like Valley squarely to the Congress. Congress does not ignore the procedural re Forge suggest that the Supreme Court also quirements set forth in the Amendment, the would expect taxpayer plaintiffs to fulfill the THE LINCOLN LEGAL FOUNDATION, potential for such disenfranchisement seems Chicago, IL, June 5,1992. remote. a see, e.g., Simon v. Eastern Kentucky Welfare Rights Hon. L.F. PAYNE B. AGGRIEVED PERSONS Organization, 426 U.S. 26 (1976); and Allen v. Wright, House of Representatives, Washington, DC. Standing also seems doubtful for persons 468 U.S. 737 (1984). DEAR MR. PAYNE: On behalf of the Lincoln whose government benefits or other pay- 4 Flast v. Cohen, 392 U.S. 83 (1968). Legal Foundation, let me extend my thanks s Valley Forge Christian College v. Citizens United for to you for providing this opportunity to the Separation of Church and State, 454 U.S. 464 (1982) comment on the proposed Balanced Budget 1 Harrison v. Bush, 553 F. 2d 19 (D.C. Cir. 1977) (standing denied because an executive agency's sale (standing denied to a senator seeking declaratory of surplus federal land to a religious college was not Amendment outlined in H.J. Res. 290. We at and injunctive relief against the CIA for its alleg an exercise of Congress's taxing and spending the Foundation take pride in serving as ad edly unlawful activities). power). vocates for the broad public interest in de 2Kennedy v. Sampson, 511 F. 2d 430 (D.C. Cir. 1974) ssee Note, Article III Problems in Enforcing the fending liberty, free enterprise, and the sepa (standing granted to a senator challenging the con Balanced Budget Amendment, 83 Columbia L. Rev. ration of powers. It is in this capacity that stitutionality of the President's pocket veto). 1064, 1079--80 (1982). July 9, 1992 EXTENSIONS OF REMARKS 18475 Article ill standing requirements. In other powers doctrine in cases like I.N.S. v. Section 1 is the crucial text, then, but even words, in order to have standing, a taxpayer ChadhaB and Bowsher v. Synar,10 it is almost here the boundaries of justifiability would be would have to demonstrate that he has sus impossible to imagine a majority of the jus tightly limited. A purported enactment tained an actual or threatened injury trace tices on the present, or a future, Court jump might be struck down by the courts if it pro able to a specific congressional action. ing at the opportunity to become embroiled vided for outlays of funds in excess of the In theory, a taxpayer could claim that ex in a partisan wrangle over the size and scope level of estimated receipts established for cess spending in violation of the Balanced of the federal budget. Instead, one would ex the year in the annual estimates law, or if it Budget Amendment will harm him by under pect the Court to make every effort to avoid called for such an excessive outlay without mining the national economy or by increas such an intrusion. having been passed on a roll-call vote by the ing the national debt. However, a majority of III. CONCLUSIONS required super-majority, or if it attempted the Supreme Court probably would find the The constraints imposed by standing re to avoid the balanced budget limit applicable connection between the excess spending and quirements and the political question doc to the fiscal year of its enactment by pur the alleged injuries too tenuous to grant trine by no means preclude judicial review of porting to be within the limits of r.eceipts es standing. As a result, standing would be lim the Balanced Budget Amendment. Neverthe timated for another year, past or future. ited to taxpayers with concrete injuries, less, they do place substantial barriers to But there is no basis in the text of Section stemming directly from the congressional litigation. In light of these impediments the 1 for a court to pick and choose among con action in question. foundation believes that the prospects for a gressional spending decisions on any basis. II. THE AMENDMENT AND THE POLITICAL flood of new litigation and the specter of That is, the proposed amendment would con QUESTION DOCTRINE budgeting by judicial fiat have been greatly fer no authority on the judiciary to choose Even if a litigant attained standing under exaggerated. which appropriations would be satisfied from the proposed Balanced Budget Amendment, a The Amendment proposed in H.J. Res. 290 the Treasury and which would not, but only federal court could refuse to hear the case on would clearly invite judicial review of any to say that once outlays had reached the the grounds that it raises a political ques spending or taxing legislation purportedly level established in the estimates law then tion. The leading case with respect to politi enacted in violation of the formal require the officials of the Treasury must cease dis cal questions remains Baker v. Carr.7 In ments (e.g. a supermajority for increasing bursing any additional funds. Baker, the Supreme Court held that the con the debt limit, a full majority on recorded for a tax increase) set forth in the text. This Because Section 6 of the proposed amend stitutionality of a state legislative appor ment would define "total outlays" to "in tionment scheme did not raise a political is no different from the status quo, for even now we would expect a court to strike down clude all outlays of the United States Gov question. In doing so, the Court identified a ernment except for those for repayment of number of contexts in which political ques an act that was somehow enrolled on the statute books without having properly debt principal", the amendment would abol tions may arise. ish permanent indefinite appropriations, re Foremost among these are situations in cleared the requisite legislative process of votes, presentment, and the like. volving funds, and the funds, such as the which the text of the Constitution expressly Judgment Fund, from which they are dis commits the resolution of a particular issue What the Amendment would not do is to confer upon the judiciary an authority to bursed.l2 This would decisively prevent the to a coordinate branch of government. The courts from invading the Federal fisc in the Judicial Branch will refrain from adjudicat substitute its own judgment as to the accu racy of the revenue estimates, the needful guise of damages awards against the United ing an issue in such circumstances. However, States Government. Upon effectuation of this textual constraint would not preclude ness of taxes, or the prudence of a debt limit. The courts would merely police the formal this amendment, damages awards against judicial review of the proposed Balanced the Government in all cases (except for re Budget Amendment, since H.J. Res. 290 does aspects of the work of the political branches: not assign responsibility for enforcing the Did they enact a law devoted solely to an es payment of debt principal) would have to be timate of receipts? Are all outlays held part of the outlays voted each year by Con Amendment to either the President or the gress, and the current congressional practice Congress. below that estimate? Were measures passed The Baker court also identified the follow by requisite majorities voting, when re of waiving the sovereign immunity of the ing prudential considerations in deciding quired, on the record? United States on a blanket basis in the adju whether to invoke the political question doc Sections 2 and 4 of the proposed amend dication of various kinds of damages against trine as a bar to judicial review:s ment clearly invite only limited judicial the Government would have to end. (A) Is there a lack of discernable or man scrutiny of this kind, and then only of the In short, it is our view that there is vir ageable judicial standards· for resolving the process, and not of the substance, by which tually no danger that the constitutional bal issue? the political branches have acted. anced budget amendment contemplated by (B) Can the court resolve the issue without Section 3 seems to be purely hortatory, H.J. Res. 290 would cede the power of the making an initial policy determination that and probably provides no predicate at all for purse to a runaway judiciary. To the con falls outside the scope of judicial authority? judicial action. Whatever the political rami trary, it would eliminate certain authorities (C) Can the court resolve the issue without fications of a failure on the part of a Presi that courts currently have to order the dis expressing a lack of respect for the coordi dent to propose a balanced budget in any bursement of Federal funds without appro nate branches of government? given year may be, there appear to be no priations. If ratified and made part of the (D) Will judicial intervention result in legal implications whatsoever. No act of law constitution, the balanced budget amend multifarious pronouncements on the same making depends in any constitutional sense ment would return responsibility and ac issue from different branches of government? upon the President's compliance with this countability for all Federal outlays squarely Each of these considerations creates an im requirement, let alone upon the substance to the Congress. pediment to judicial review of the proposed that any such proposal may contain.11 · Sincerely yours, Balanced Budget Amendment. In particular, JOSEPH A. MORRIS, courts may find the fiscal subject matter of 9 462 U.S. 919 (1983) (legislative veto held unconsti President and General Counsel.13 the Amendment difficult to administer. For tutional for violating the Bicameralism and Pre example, what happens if "estimates re sentment Clauses of Article I Section 7). ceipts" fall short of projections halfway 10 478 U.S. 714 (1986) (Gramm-Rudman Deficit Re ticles I and II would continue to define the proce through a fiscal year? On what data and ac duction Act violated the separation of powers by dures by which laws are made and the separation of placing responsibility !or executive decisions in the powers maintained. counting methods would the courts be ex hands of an officer who is subject to control and re 12 It is our view that this would also abolish other pected to rely? Given the lack of concrete moval by Congress). permanent indefinite appropriations arrangements standards, apparently rudimentary deter n Section 3 would confer constitutional dignity and revolving funds as they now stand, including minations (e.g. When do "total outlays" ex upon a practice that has evolved on an extra con those for the Social Security, Medicare, and Civil ceed "estimated receipts"?) may prove be stitutional basis in this century, the submission of Service Retirement Systems. They all involve "out yond the competence of the judiciary. a Presidential budget each year. The practical and lays" within the comprehensive meaning of Section Moreover, the potential judicial remedies political wisdom of the practice is debatable, as is 6, and so would all require affirmative congressional the wisdom of the contents of any particular budget. action for each year's disbursements. Congress could for violations of the Amendment may under But the practice, even with the constitutional sanc continue to provide that outlays be made on mine the separation of powers. As discussed tion that H.J. Res. 290 would give it, in no way dero formulaic bases (e.g., as "formula payments"), but above, various forms of injunctive relief al gates from the responsibility of Congress to account they would be subject to the total annual ceiling on most certainly would infringe upon the pre for the power of the purse or from the procedural outlays and mere qualification of an individual to rogatives of Congress and the Executive rules adopted by the Framers for safeguarding the receive a payment would no longer automatically Branch. Given the Supreme Court's separation of powers respecting the fisc, such as the work to raise the spending limit. structalistic adherence to the separation of requirement that bills for raising revenue originate 1si would like to thank Charles H. Bjork, a third in the House of Representatives. The President year law student at Northwestern University and a would now have a constitutional duty to propose an student intern at the Lincoln Legal Foundation, for 7369 u.s. 186 (1962). annual balanced budget, but his submission would be his invaluable assistance in the preparation of this •Baker v. Carr, 369 U.S. at 217. only a proposal, and the existing ground rules of Ar- analysis. 18476 EXTENSIONS OF REMARKS July 9, 1992 FACTS ABOUT THE NATIONAL DEBT The argument against the desirability of a thread of most current controversies back In fiscal year 1993, interest on the National balanced budget has many byways, but the into American history, and you reach argu Debt is expected to total $316 billion. main point is the traditional Keynesian one ments from the 1790s. Today's argument This is: that the stimulus of a deficit should be avail about a constitutional amendment requiring the largest item in the budget (21% of all able during recessions: The proper goal is a balanced budget rekindles an argument Federal spending). balance over the course of an economic that engaged Madison and Jefferson against more than the total revenues of the Fed- cycle. Simon's three-fifths escape clause is Hamilton, as William Niskanen knows. eral government in 1976. intended to allow for deficits during bad As economics professor at Berkeley and 105% of Social Security payments. times. If exercised promiscuously, this es UCLA before joining President Reagan's $7,005 per family of four. cape clause could make the amendment Council of Economic Advisers, Niskanen now $6,077 million per week, $866 million per worthless. But the medicine is there if need is chairman of the Cato Institute and an ad day, $601,218 per minute, or $10,020 per sec ed. vocate of "a new fiscal constitution." A bal ond. What's driven some liberals to support a anced budget amendment would, he says, re 27% of all Federal revenues. balanced budget amendment, however, is the store what was lost when America aban 61% of all individual income tax revenues. realization that deficit spending has become doned two linked understandings, one of the The National Debt has now topped $3.9 tril- a medicine we Americans can't be trusted Constitution and one of fiscal morality. lion. with. We use it when we're sick, then when During the nation's first 140 years, he says, The Federal government has run deficits in we're healthy we just increase the dosage. government growth was restrained and budg 53 out of the last 61 years and 30 out of the When, inevitably, we get sick again, even et discipline was maintained by a constitu last 31 years. gargantuan doses don't have their usual tional interpretation and an "informal rule." The national debt has increased 1240% therapeutic effect. Even to use this drug The interpretation was of Article I, Section since 1960, 620% since 1975, 329% since 1980 properly in the future, we first will have to 8's enumeration of Congress's powers. It said and 114% since 1985. clear it out of our system. Congress could spend only to exercise powers During the 1960's, deficits averaged S6 bil The deficit also makes new forms of gov specifically enumerated in Section 8. lion per year. ernment activism nearly impossible. If lib eral politics is to be anything more than a Niskanen, in the Jeffersonian tradition, During the 1970's, deficits averaged $35 bil construes that section as empowering Con lion per year. holding action ("reactionary liberalism," in Kevin Phillips's devastating phrase), the na gress to spend pursuant to "only 18 rather During the 1980's, deficits averaged $156 bil narrowly defined powers," few of which-es lion per year. tion's deficit addiction must first be cured. As a general rule the Constitution ought to tablishing post offices and post roads, raising During the 1990's, deficits have averaged an army and navy-involve the potential for $296 billion per year. dictate the procedures of democracy and the protection of individual rights, not specific substantial expenditures. (President Jeffer It took over 200 years to accumulate our son, doubting the constitutionality of most first trillion dollars in national debt. FY '91, policy outcomes. As Justice Holmes fa mously put it, "a constitution is not in public works spending, reluctantly signed FY '92, and FY '93 will increase the national the national road bill but urged Congress to debt with an additional $1 trillion. tended to embody a particular economic the ory. * * * It is made for people of fundamen initiate a constitutional amendment specifi cally authorizing such activities.) Strict [From the Washington Post, May 14, 1992] tally differing views." But have you read the Constitution lately? constriction of Section 8's enumerated pow THE LIBERAL CASE FOR A BUDGET AMENDMENT Many of its clauses address concerns that ers accorded with the informal rule" that (By Michael Kinsley) now seem trivial. See the Third Amendment, government should borrow only during reces "It is the Congress that tells the executive about quartering soldiers. We should only be sions and wars. how to spend every dime," said President so lucky that fiscal responsibility seems a Niskanen's fidelity to the Madisonian mo Bush, attacking "the spending habits of the passe issue in future years. And the balanced tion of enumerated powers (one of Madison's Congress" at a Bush-Quayle fund-raiser the budget amendment, despite its name, is ar last acts as president, was to veto a roads other day. guably procedural, not substantive. It and canals bill on the ground that "such a To call this hoary Republican bluff is one doesn't mandate a balanced budget, but power is not expressly given by the Constitu reason I'm for Sen. Paul Simon's balanced amends the legislative process to counteract tion") may seem of merely antiquarian in budget constitutional amendment. Each the current bias against one. terest. History has long since settled the year, it declares, "the President shall trans Robert Reischauer, head of the Congres constitutional question in the Hamiltonians mit to the Congress a proposed budget * * * sional Budget Office, calls the balanced favor, with a permissive construction of the in which total outlays do not exceed total re budget amendment a "cruel hoax" on the first of Section 8's clauses. That clause, ceipts." Neither Ronald Reagan nor George public because-like Gramm-Rudman before which says Congress has the power to act for Bush has ever come close. it-it substitutes procedure for substance. It "the general welfare," has become a loophole The amendment also would require Con allows politicians to pretend they're address large enough for Leviathan to stride gress to enact a deficit-free budget, unless a ing the deficit while actually putting off the through. three-fifths majority in both houses voted painful slicing for later. (The amendment In 1936 the Supreme Court, stepping out of not to. Congress, terrified of the sour public takes effect two years after ratification by the way of the New Deal, formally interred mood, is near-certain to pass some kind of the states, which also could take years.) the doctrine of enumerated powers. The balanced budget amendment next month. Reischauer is right that the amendment is court opened the way to the modern state by But voting for a balanced budget amendment a hoax on the public, which is not being told asserting that "the power of Congress to au is not just a desperate short-term political what a balanced budget would actually en thorize appropriations of public money for expedient. For Democrats, it is good long tail. But is it a cruel hoax? It would be if the public purposes is not limited by the direct term politics. three-fifths escape clause became a routine grants of legislative power found in the Con The voters are hypocrites about federal exercise. But if the amendment actually pro stitution." spending: hating it in general, cherishing it duced genuine fiscal discipline even four or Still, Niskanen notes that as late as the in the particular. The deficit is the concrete five years down the road, it would be kind Eisenhower administration there was rhetor expression of this voter hypocrisy. Politi hoax, not a cruel one-sort of like enticing ical deference to the doctrine of enumerated cians of both parties cater to it. But, by and beloved relative into a drug treatment pro powers. Thus when creating the Interstate large, it is Republicans who since 1980 have gram. Highway System, Congress called the legis made this hypocrisy the central feature of It is cowardly, to be sure, for today's poli lation the National Defense Highway Trans American politics and Republicans who have tician to support a balanced budget amend portation Act, a title linking the project to benefited politically from it. ment instead of actually taking action to the enumerated power to "provide for the A balanced budget amendment, if it ward a balanced budget. But that cowardice common defense." Similarly, the federal worked, might lead to lower spending or will catch up with them one way or another. government's first major education program, higher taxes or some combination. But at They'll either have to face the music in four providing loans for college students, was least it would lead to an honest debate. That or five years or retire in order to avoid it. In called the National Defense Education Act. would not just be hygienic. It would be help fact, the balanced budget amendment could Nowadays government, unlimited by con ful to the party that's been losing the dis make that other constitutional cure-all term stitutional enumeration of its proper pur honest debate of the past decade. limits-superfluous. poses, permeates life, and there is no longer Of course, mere pastisan advantage is not even a nod toward the old idea of limited a good enough reason to amend the Constitu [From the Washington Post, May 24, 1992] congressional powers to spend. The dissolu tion. There are those who think that the PEDIGREE OF THE BUDGET AMENDMENT tion of political and constitutional re goal of a balanced budget is neither nec (By George F. Will) straints on Congress has been a boon to leg essary nor wise. And there are those who What's new? Not much. At least not in islative careerists. They have a permanent support the goal but doubt the means. American political argument. Follow the vocational incentive to borrow to finance July 9, 1992 EXTENSIONS OF REMARKS 18477 current expenditures, thereby pleasing cur programs. Congress won't spend what it has et, something neither Reagan nor Bush has rent voters by passing burdens on to future to pay for because Congress hates to ask the come close to doing. Thus the amendment voters. American people for the money. That fact would end the tiresome presidential postur Niskanen, says a balanced budget amend alone will act as a curb on spending. ing-"Only Congress can spend money" ment would restore the constitutional values In other words, the balanced budget that places on Congress exclusive blame for trampled since the overthrow of the strict amendment would require Congress to make deficits. In fact, in states as well as in Wash construction of Congress's enumerated pow tough choices. Messrs. Mitchell, Panetta and ington, executive branches generally deter ers. The Constitution's substantive limits on others claims to support making those tough mine the level of spending, and legislatures the purposes for which Congress may spend, choices, but cannot seem to get around to merely modify-and not very much-spend and the old political culture's "informal doing it in a Congress they run. Congress ing patterns. rule" about borrowing have both been aban never will make those tough choices unless Some people predict that a balanced-budg doned. Therefore, Niskanen says, a balanced it is required to do so. et amendment would be used as an excuse for The Democratic leadership's gripes not budget amendment, with more constraining large tax increases. That is possible but, rules on voting that affects budget totals, is withstanding, the balanced budget amend given today's taxaphobia, not likely. a conservative means to achieve a tradi ment is sensible and effective. On this point, tional end: limited government. 277 members of the House of Representatives, Other people predict that an amendment There are two basic ways to limit a gov including 118 Democrat·s, agree. would result in cuts in program X, or Y, or ernment that is based on popular sov And so do the American people. In a 1990 Z. Such predictions are implicit confessions ereignty. One is by a constitution that au poll taken nationwide, more than 75 percent that if Congress is forced to enforce prior thorizes government to exercise its powers of the respondents supported the balanced ities, then X, or Y, or Z will be deemed dis by simple majority rule but enumerates only budget amendment. pensable. When $400 billion deficits are per a narrow range of powers. The other way is Support is wide and deep, coming from mitted, marginal, even frivolous programs to grant government a broad range of pur every quarter except that occupied by the get funded because costs can be shoved onto poses, and all power necessary thereto, but Democratic leadership. future generations. to require super majorities for particularly Considering the troubles it has had, it Anyway, it is wrong to make support for a important decisions. Niskanen says that be would seem the leadership cannot afford to constitutional change contingent on guesses cause we have abandoned strict construction defend an indefensible system, to hold back about particular short-term policy con of enumerated powers, the correct road back progress on the nation's most threatening sequences. A sufficient reason for a bal to the constitutional goal of limited govern economic problem while the Congress and anced-budget amendment is to impose, on ment is an amendment requiring votes of the country move ahead. both the legislative and executive branches, two-thirds of the membership of both houses a regime of constitutionally compelled [From the Philadelphia Inquirer, Apr. 30, of Congress to raise the debt ceiling or to im choices. pose a new tax or raise an existing one. 1992] THE TIME HAS ARRIVED FOR CONGRESS TO Simon's amendment has a clause permit The intellectual pedigree of Niskanen's ar ting escape from restraint by vote of a super gument underscores the unconvincing nature ADOPT A BALANCED-BUDGET AMENDMENT of most opposition to the amendment. Many majority. Sixty percent of the full member (By George F. Will) ship of both Houses can vote an imbalanced opponents simply assert that "it won't What House Speaker Tom Foley recently budget for, say, countercyclical purposes. work." But, no one claims the current at said would have sent shivers down Washing tempt to limit government is "working." ton's spine, if it had one. He predicted the An unsolved and perhaps ultimately insol And the most fervid opponents of the amend end of civilization, as Washington has known uble problem for any balanced-budget ment (public employees organizations, lob it. He predicted Congress this year would amendment is enforcement. What will be the bies for the elderly, cities and other grasping pass a constitutional amendment to require penalties for noncompliance? An unenforce interests) are not fervid because they fear the federal government to balance its budg able amendment is less a law than an expres the amendment might be ineffectual. The in et. sion of intention. No one, least of all con tensity of their opposition testifies to their The unlikely Robespierre of this revolution servatives, can equably contemplate involv belief that the amendment would work too is Illinois' mild-mannered Sen. Paul Simon, ing courts in enforcement of such an amend well to limit government. who calls himself a "pay-as-you-go" Demo ment, and evasion of it would deepen public Meanwhile, Democratic leaders defend the crat. With the patience learned in nearly cynicism. status quo. And if there is one absolute cer four decades in politics, he has been visiting But at certain points, and this is one, the tainty in the entire budget debate, it is that colleagues one at a time, warning that the governed must simply presuppose a suffi the status quo is indefensible. Whatever hap federal government's gross interest costs, ciency of honor among the governors. Fur pened to guts and tough choices? which were just $74 billion in fiscal 1980, are thermore, elevating fiscal responsibility to Mr. Panetta and others say their package projected to be $315 billion in fiscal 1993, the rank of a constitutional duty will would be an attempt to bring realism into when interest-the rental of money-will be heighten public scrutiny of budgeting behav the debate. But is it wise to make spending the largest federal expenditure. ior and will intensify public indignation decisions, including drastic cuts, after one or Discerning conservatives know that huge about any disregard of the duty. two weeks of closed-door, partisan discus deficits make big government cheap for cur I have hitherto (July 25, 1982) argued sions? Is this the leaderships idea of realism? rent consumers of its services, thereby re Of course not. It is cynical and unreason against a balanced-budget amendment on the ducing resistance to the growth of govern ground that it is wrong to constitutionalize able, designed not to effect any budget re ment. Sentient liberals recognize that huge form or spending control, but to frighten the economic policy. Since then there have been deficits involve regressive transfer pay 2.9 trillion reasons for reconsidering-the 2.9 balanced budget amendment's supporters. ments. We are transferring $315 billion from That brand of political gamesmanship is trillion dollars added to the nation's debt. taxpayers to buyers of Treasury bills-gen My mistake was in considering deficits what got us into this fiscal mess to begin erally rich individuals and institutions-in with. merely economic rather than political America and places like Tokyo and Riyadh. events. In fact, a balanced-budget amend The balanced budget amendment, on the These are among the reasons why in 1986 other hand, is eminently reasonable. The the Senate cast 66 votes-just one short of ment will do something of constitutional sig nificance: It will protect important rights of amendment would take effect two years the two-thirds needed-for a balanced-budget after ratification by the required 38 states, an unrepresented group, the unborn genera amendment. And in 1990 the House fell just tions that must bear the burden of the debts. which itself is expected to take from two to seven votes short. Today, Congress is bat three years. In other words. Congress would tered by scandal, by anti-incumbent fever The Constitution is fundamental law that have four to five years to make rational, and by the term-limits movement, and is should indeed deal only with fundamental comprehensive budget reforms that gradu bracing to be the villain in President Bush's questions. But as the third president said, ally bring the budget into balance. campaign rhetoric. So a balanced-budget "The question whether one generation has The amendment is, in fact, a fundamental amendment is indeed likely to be sent to the the right to bind another by the deficit it change in fiscal policy. It would put an end states. imposes is a question of such consequence as to the idea that whenever the federal govern Will the necessary three-fourths of the to place it among the fundamental principles ment cooks up a new spending program it states ratify it? Forty-nine of them-all but of government. We should consider ourselves can simply be tacked onto the deficit, impos Vermont-operate under similar require unauthorized to saddle posterity with our ing order and discipline on a body wholly ments. And a vote against the amendment debts, and morally bound to pay them our lacking in either. looks like a vote for big government. selves." Simon's amendment is, in Jeffer Best of all, the amendment would control A balanced-budget amendment would serve son's language, an emphatic withdrawal of spending by requiring that new programs be Congress' institutional interests by requir an authorization government has wrongly financed by new taxes or by cutting existing ing the president to propose a balanced budg- assumed. 59...{)59 0--97 Vol. 138 (Pt. 13) 30 18478 EXTENSIONS OF REMARKS July 9, 1992 SALUTE TO THE GRADUATING wiring are: Leroy P. Dade, Jr.; Donald Deans; Kevin M. Reed; Calvin L. Ridley; Joanne Rog CLASS OF THE ACTION TO REHA Michael M. Ferguson; James A. Harris; Ernie ers; Eugene Ross; Kenneth Saunders; BILITATE COMMUNITY HOUSING 0. Hines; David F. Jackson; Melody D. Dennies L. Simmons; Arntae Smith; Ethel TRAINING CENTER Lawson; Richard Marshall; Sean Mclaughlin; Smith; Paul A. Swann, Jr.; Joseph Thomas; Daniel Philson; John M. Quick; Erik E. Robert; Omar T. Thomas; Michael B. Walker; HON. ELEANOR HOLMES NORTON Sean P. Ward; and Henry Williams. Thomasine Watkins; Derek A. West; Sandra OF THE DISTRICT OF COLUMBIA Trainees completing the broader Cycle XI Wilkinson; James E. Williams; Tanya C. Wil IN THE HOUSE OF REPRESENTATIVES training program in the areas of floors, walls liams; and Leonard Yates. Thursday, July 9, 1992 and ceilings, interior finishings, electrical wir ARCH is a program which operates under ing, weatherization, and maintenance are: Ber Ms. NORTON. Mr. Speaker, I would like to the Cooperative Employer Education Program take this opportunity to apprise my colleagues nard Akinyode; John Atterbury; Melvin A. [CEEP]. Since its beginning in 1986, as a joint of an outstanding vocational educational train Barnwell; Marie A. Beal, Calvin Bellamy; venture of Pepco, District of Columbia Public Amida Betts; Walter Allen Beynum; Vashon ing program for young adults of the District of Schools, and the District of Columbia Depart Bolden; Claude B. Brooks; Shawn Brooks; Columbia who aspire to enter the building ment of Employment Services, ARCH has had Robert Brown; Thomas E. Brown; Calvin T. trades industry. a profound effect on the lives, education, and Buggs; Paul Carter; Roy A. Chapman; Clar On Friday, July 10, 1992, approximately 70 well-being of the hundreds of students and the ence N. Cherry; Robert F. Conner; David R. men and women will complete their training in neighborhoods it serves. two specialized skills-building programs con Crowell; lan Cruickshank; Roderick Davis; ducted by the Action to Rehabilitate Commu Lolita E. Fitzgerald; Christopher Franklin; Wil Mr. Speaker, I ask my distinguished col nity Housing [ARCH] Training Center. For liam C. Greenfield; Gregory A. Henderson; Mi leagues to join me in saluting the dedicated many of the students the activities will symbol chael A. Hines; James Jackson; Clifton John staff and leadership of ARCH, Mr. C. Duane ize their first completion of any educational son, Jr.; Michelle A. Johnson; Charles H. Gautier, president of the board of directors, program, and all are looking forward to re Jones; Reginald Jones; David E. King; Timo and Ms. Annette Banks-Moseley, executive di warding futures in the building trades. thy P. King; Mauricio Lopez; Ray B. Louden; rector for their untiring efforts to bring eco The trainees of ARCH's Mini Cycle 9 spe William A. Majette; Marsha L. McDowney; Jef nomic independence to the residents of the cialized training program for electrical house frey R. Moore; Stephen Morten; Randy Powell; District of Columbia.
