May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12879 HOUSE OF REPRESENTATIVES-Thursday, May 30, 1991 The House met at 10 a.m. APPOINTMENT AS MEMBER OF The SPEAKER. The gentleman from The Chaplain, Rev. James David BOARD OF REGENTS OF THE Ohio [Mr. HALL] is recognized for 1 Ford, D.D., offered the following pray­ SMITHSONIAN INSTITUTION hour. er: The SPEAKER. Pursuant to the pro­ Mr. HALL of Ohio. Mr. Speaker, for Let us pray using the words of St. visions of 20 U.S.C. 42 and 43, the Chair purposes of debate only, I yield the cus­ Francis of Assisi: appoints on the part of the House to tomary 30 minutes to the gentleman Lord, make us instruments of your the Board of Regen ts of the Smithso­ from Ohio [Mr. MCEWEN], pending peace. Where there is hatred, let us sow nian Institution to fill the existing va­ which I yield myself such time as I love; where there is injury, pardon; cancy thereon the gentleman from may consume. During consideration of where there is discord, union; where Pennsylvania [Mr. MCDADE]. the resolution all time yielded is for there is doubt, faith; where there is the purpose of debate only. darkness, light; where there is sadness, Mr. Speaker, House Resolution 159 is joy. APPOINTMENT AS MEMBERS OF the rule waiving points of order against Grant that we may not so much seek THE MARTIN LUTHER KING, JR., certain provisions of the bill, H.R. 2426, to be consoled as to console; to be un­ FEDERAL HOLIDAY COMMISSION the military construction appropria­ derstood as to understand; to be loved The SPEAKER. Pursuant to the pro- tions for fiscal year 1992. as to love; for it is in giving that we visions of section 4(a) of Public Law 98- Since general appropriations bills are are pardoned; and it is in dying that we 399, the Chair appoints as members of privileged under the Rules of the are born to eternal life. Amen. the Martin Luther King, Jr., Federal House, the rule does not provide for Holiday Commission the following any special guidelines for the consider­ Members of the House: ation of the bill. Provisions related to Mr. WHEAT of Missouri; time for general debate are not in­ THE JOURNAL Mr. SAWYER of Ohio; cluded in the rule. Customarily, Mr. The SPEAKER. The Chair has exam­ Mr. REGULA of Ohio; and Speaker, general debate time is limited ined the Journal of the last day's pro­ Mr. FRANKS of Connecticut. by a unanimous-consent request by the ceedings and announces to the House chairman of the Appropriations Sub­ his approval thereof. committee prior to the consideration Pursuant to clause 1, rule I, the Jour­ APPOINTMENT AS MEMBERS OF of the bill. nal stands approved. HOUSE COMMISSION ON CON­ The rule waives clause 2 of rule XXI GRESSIONAL MAILING STAND­ against specified provisions of H.R. ARDS 2426. Clause 2 of rule XXI prohibits un­ PLEDGE OF ALLEGIANCE The SPEAKER. Pursuant to the pro­ authorized appropriations and legisla­ visions of section 5(b) of Public Law 93- tive provisions in general appropria­ The SPEAKER. Will the gentleman 191, the Chair appoints as members of tions bills. The provisions receiving from New York [Mr. WALSH] please the House Commission on Congres­ this waiver are designated in the rule come forward and lead the House in the sional Mailing Standards the following by reference to page and line in the Pledge of Allegiance. Members of the House: bill. Mr. WALSH led the Pledge of Alle­ Mr. CLAY of Missouri, chairman; Mr. Speaker, H.R. 2426 appropriates giance as follows: Mr. SOLARZ of New York; approximately $8.48 billion for fiscal I pledge allegiance to the Flag of the Mr. FORD of Michigan; year 1992 military construction and United States of America, and to the Repub­ Mr. HORTON of New York; family housing for the various lic for which it stands, one nation under God, Mr. YOUNG of Alaska; and branches of the Department of Defense. indivisible, with liberty and justice for all. Mr. ROBERTS of Kansas. It is consistent with the budget resolu­ tion for fiscal year 1992 which recently passed the House and the Senate. APPOINTMENT AS MEMBER OF NA­ WAIVING CERTAIN POINTS OF The bill appropriates $39.3 million in ORDER DURING CONSIDERATION funding for projects at Wright-Patter­ TIONAL COMMISSION TO PRE­ OF H.R. 2426, MILITARY CON­ VENT INF ANT MORTALITY son Air Force Base, which is partially STRUCTION APPROPRIATIONS located in my congressional district. The SPEAKER laid before the House ACT, 1992 the following communication from the Included in that figure is $20 million in Mr. HALL of Ohio. Mr. Speaker, by funding for a building to house the ac­ Honorable ROBERT H. MICHEL, Repub­ direction of the Committee on Rules, I lican leader: quisition work force at the Aeronauti­ call up House Resolution 159 and ask cal Systems Division [ASDJ. This facil­ HOUSE OF REPRESENTATIVES, for its immediate consideration. ity will help consolidate engineers, sci­ Washington, DC, May 24, 1991. The Clerk read the resolution, as fol­ Hon. THOMAS s. FOLEY, entists, and program managers who Speaker of the House, House of Representatives, lows: work on new weapons systems for the Washington, DC. H. RES.159 Air Force. It is viewed as the corner­ DEAR MR. SPEAKER: Pursuant to Sec. 203, Resolved, That during consideration of the stone of an effort to modernize ASD's Public Law 99--660, as amended by Title IV of bill (H.R. 2426) making appropriations for facilities for the next century. The bill Public Law 100-436, I hereby appoint the gen­ military construction for the fiscal year end­ also appropriates funds for an Avionics tleman from Pennsylvania, Mr. Goodling, to ing September 30, 1992, and for other pur­ Research Laboratory and a needed serve as a member of the National Commis­ poses, all points of order against the follow­ sion to Prevent Infant Mortality. ing provisions in the bill for failure to com­ taxiway at Wright-Patterson, as well Sincerely, ply with clause 2 of rule XX! are waived; be­ as a new fire and security station at BOB MICHEL, ginning on page 2, line 3, through page 11, the Defense Electronics Supply Center Republican Leader. line 2. [DESO].

DThis symbol represents the time of day during the House proceedings, e.g., D 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 12880 CONGRESSIONAL RECORD-HOUSE May 30, 1991 These projects are important to our nore the benefits to America in our na­ country depends on them. We are proud country's national security and to the tional security infrastructure around of them. community of Dayton, OH, which has the globe. NATO infrastructure im­ As the total defense budget continues been a world leader in aviation since provements are not simply overseas to decline in real terms, I certainly the days of the Wright brothers. I com­ construction projects. The Secretary of hope that in assuring the ability of the mend my colleagues for including them Defense and the President did not re­ Guard and Reserve to carry out their in the reported bill. quest $358.8 million because they sup­ mission that the House does not distort Mr. Speaker, under the normal rules port pork barrel projects in Western funding in a way that reduces the effec­ of the House, any amendment which Europe. The President and the Sec­ tiveness of the total force's capability. does not violate any House rules could retary of Defense are committed to the Finally, the bill contains two lan­ be offered to H.R. 2426. The rule re­ goal that we share, improving the qual­ guage provisions which the administra­ ceived unanimous support in the House ity of life for our service men and tion finds objectionable. The first, sec­ Rules Committee, and I urge my col­ women and maintaining the most ef­ tion 113, would require notification to leagues to adopt it. fective force structure and facility pos­ congressional committees prior to con­ Mr. McEWEN. Mr. Speaker, I yield sible to protect our Nation. Modern ducting military exercises involv1ng myself such time as I may consume. bases for NATO projects protect Amer­ construction costs anticipated to ex­ Mr. Speaker, I would thank my good ican interests in that vital region. ceed $100,000. The second, section 117, friend and colleague, the gentleman Although the United States is cer­ would require a report to congressional from Ohio [Mr. HALL] who has fully ex­ tain to reduce the level of forces sta­ committees on details of efforts to en­ plained the provisions of this rather tioned in Western Europe in the com­ courage NATO nations and Japan to simple rule. ing years, the United States must re­ assume a greater share of the common The waivers are necessary because main a vital member of the strong defense burden. The administration the authorization bill was passed by urges that the House delete these sec­ the House only last week and, obvi­ NATO alliance. While the administra­ tions which it finds objectionable based ously, has not worked its way com­ tion is involved in these very delicate on the President's constitutional pow­ pletely through the legislative process. negotiations with our allies to develop ers of Commander of our Armed Forces I commend the chairman and the a comprehensive and coherent NATO and the right to conduct foreign af­ ranking Republican member of the force structure for the 1990's and be­ fairs. Military Construction Subcommittee, yond, it is simply dangerous and un­ Mr. Speaker, under this rule reported the gentleman from North Carolina wise to unilaterally and drastically re­ by the Rules Committee these changes [Mr. HEFNER] as well as the gentleman duce our NATO obligation. This step can be made. I support the rule so that from California [Mr. LOWERY] for their will not only have serious repercus­ the House can get down to business and diligent work in putting this legisla­ sions for the whole alliance, but at this complete its action promptly on the tion together. They have brought forth spending level the United States can­ military construction appropriations a bill to the floor in a timely manner not meet its obligations and commit­ bill for the fiscal year 1992. that falls within the 602(b) allocation. ments for contracts that are already Mr. Speaker, I especially applaud the They have worked to balance the under way. statements by the gentleman from changes in our Armed Forces and also Ohio concerning the Wright-Patterson provide for the facilities and family D 1010 Air Force Base, a significant cog in our housing needs for our servicemembers I support the administration's com­ national security alliance that has and their families. mitment to full participation in NATO been protected by the gentleman from My friend and colleague from Ohio in the future. A strong NATO does not Ohio very ably, not only in this bill, mentioned the bill provides $8.5 billion simply provide security for the democ­ but throughout his term in the Con­ in new appropriations, which is $120.8 racies of Western Europe, it protects us gress. I wish the gentleman the best. million above the fiscal year 1991 level, as well. A strong NATO protects the OFFICE OF MANAGEMENT AND BUDGET, although it is $80 million below the United States of America. Although I Washington, DC, May 29, 1991. President's request. These are funds applaud the committee's efforts, I have STATEMENT OF ADMINISTRATION POLICY appropriated for a most worthy pur­ concerns with the general trend toward (R.R. 2426-M1litary Construction Appropria­ pose: improving the quality of life for drastic and unilateral reductions in tions Bill, FY 1992-Sponsors: Whitten, those who serve our country protecting American forces and defense infra­ Mississippi; Hefner, North Carolina) American freedom and interests. Al­ structure outside of the United States. This Statement of Administration Policy though I support the committees ef­ In contrast with the reduction in the expresses the Administration's views on H.R. forts, the bill raises some serious con­ treatment of NATO infrastructure 2426, the Military Construction Appropria­ cerns. projects, the committee funds National tions Bill, as reported by the House Appro­ priations Committee. On the basis of OMB's Mr. Speaker, I would like to note Guard and Reserve military construc­ preliminary scoring of the bill, the Commit­ that the administration's policy state­ tion projects at a level of $470.5 mil­ tee recommendations are within the House ment, which I would ask to be inserted lion, $219.6 million above last year's 602(b) allocation for M1litary Construction in the RECORD following my remarks, level alone, and nearly $20 million activities. In aggregate, the House 602(b) al­ points out that the committee bill above the President's request. locations are consistent with the statutory would significantly change the admin­ Once again, I would like to express spending limits enacted in the Budget En­ istration priorities. Administration re­ my support for the comprehensive pro­ forcement Act. quests are reduced $677 million, while posal of the Secretary of Defense to Although the Committee bill, in total, is only $80 million below the President's re­ programs unrequested by the President conduct a build down of our armed quest, it would significantly change Admin­ are provided $597 million. services that maintains a capable na­ istration priorities. The Committee has rec­ Now, one provision that is particu­ tional security force. A force that can ommended SST'1 million in reductions to the larly concerning is the substantial re­ do in the year 2000 what our fine sol­ President's requests, including a $200 million duction in NATO infrastructure obliga­ diers, sailors, and airmen did in the reduction in NATO Infrastructure funding. tions. The bill provides $158.8 million Persian Gulf in 1991. The bill would provide an additional $597 for NATO infrastructure projects. This The balance between full-time active million for programs unrequested by the Ad­ is a reduction of $33.9 million from last duty forces and the National Guard and ministration. The Administration urges the House to restore funding to requested levels year, and $200 million below the Presi­ Reserve is an important aspect of this and to delete unrequested projects and provi­ dent's expression of needs. This 55-per­ build-down program. The National sions. cent reduction in funding for NATO in­ Guard and Reserve are a vital part of The $200 million reduction in NATO Infra­ frastructure obligations continues an the total force policy for the future. structure funding (from $359 million to $159 unfortunate trend in this House to ig- They proved their value recently. This million) is particularly troublesome. This May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12881 would prevent the United States from meet­ notification of Congressional committees mon defense burden. The Administration ing commitments to NATO by forcing termi­ prior to conducting military exercises in­ urges the deletion of these sections, which nation or stretch-out of projects supporting volving construction costs anticipated to ex­ raise concerns regarding the President's con­ Conventional Forces in Europe (CFE) Treaty ceed $100,000. Section 117 would require a re­ stitutional powers as Commander-in-Chief compliance. port to Congressional committees on details and in the conduct of foreign affairs. The bill also contains objectionable lan­ of efforts to encourage NATO nations and guage provisions. Section 113 would require Japan to assume a greater share of the com- MILITARY CONSTRUCTION APPROPRIATIONS BILL, FY 1992 [In millions of dollars)

Fiscal year 1991 en­ Fiscal year 1992 House Committee ac- House difference from: acted President's budget tion Enacted Request Major programs Budget Outlays Budget Outlays Budget Outlays Budget authority authority authority Outlays Budget authority authority Outlays

Defense (OSOJ Military Construction: Defense agencies ...... 533 481 726 576 746 578 213 97 20 2 NATO infrastructure ...... 193 366 359 368 159 318 -34 -48 -200 -50 Na~...... 1,126 1,140 879 1,123 792 1,109 -334 -31 -87 -14 Army ...... 677 813 870 794 839 788 161 -25 -32 -6 IJr Force ...... 898 1,063 1,108 1,044 1,035 1,036 137 - 28 - 73 -9 National GuardJReserves ...... 690 534 281 599 471 615 - 220 81 189 16 ------~ Subtotal, Military Construction ...... ======4,117 4,397 4,224 4,504 4,041 4,442 - 76 46 -183 - 62 Base reali&nment & closure account ...... 998 207 734 500 759 563 - 240 357 25 Family Housin&: Army...... 1,525 1,570 1,534 1,506 1,579 1,521 54 -49 46 16 Na~ & Marine Corps ...... 855 838 880 857 908 877 53 39 28 10 IJr Force...... 888 908 1,082 I.Oil 1,086 1,020 198 Ill 4 9 All other Family Housin& ...... ___2_8 ___19___ 1_1_0 ___3_4 ___1_10 ___ 3_5 ___84___ 1_6 ______1 Subtotal, Family Housing ...... ======3,296 3,338 3,608 3,418 3,684 3,453 389 117 78 35 Total, Military Construction ...... 8,410 7,939 8,563 8,422 8,483 8,458 73 519 -80 - 23

Mr. McEWEN. Mr. Speaker, I have no Cox(CA) Gonzalez Kostma.yer Moran Rinaldo Staggers Cox (IL) Gordon Kyl Morella Ritter Stalllngs further requests for time, and I yield Coyne GOBS LaFalce Morrison Roberts Stark back the balance of my time. Cramer Gra.dison Lagomarsino Murphy Roe Stearns Mr. HALL of Ohio. Mr. Speaker, I Cunningham Grandy Lancaster Murtha Roemer Stenholm yield back the balance of my time, and Darden Gray Lantos Myers Rogers Stokes de la Garza. Green LaRocco Nagle Rohra.ba.cher Studds I move the previous question on the DeFa.zio Guarini Laughlin Natcher Ros-Lehtinen Stump resolution. DeLauro Gunderson Leach Neal(MA) Rose Sundquist The previous question was ordered. De Lay Hall(OH) Lehman(CA) Neal (NC) Rostenkowski Swett pro Dellums Hall(TX) Lehman(FL) Nichols Roth Swift The SPEAKER tempore. The Derrick Hamilton Lent Nowak Roukema Synar question is on the resolution. Dicks Hammerschmidt Levin (Ml) NuBBle Rowland Tanner The question was taken; and the Dingell Hansen Lewis (CA) Oakar Roybal Tauzin Speaker pro tempore announced that Dixon Harris Lewis (FL) Obey Russo Taylor (MS) Donnelly Hastert Lewis(GA) Olin Sabo Taylor (NC) the ayes appeared to have it. Doolittle Hatcher Lightfoot Ortiz Sa.ngmeister Thomas (CA) Mr. SOLOMON. Mr. Speaker, I object Dorgan (ND) Hayes (IL) Lipinski Orton Sa.ntorum Thomas (GA) to the vote on the ground that a Dornan (CA) Hayes (LA) Livingston Owens (NY) Sa.rpalius Thomas (WY) quorum is not present and make the Downey Hefley Lloyd Oxley Savage Thornton Dreier Hefner Long Pa.ck a.rd Sawyer Torres point of order that a quorum is not Duncan Henry Lowery (CA) Pallone Saxton Torricelll present. Durbin Herger Lowey (NY) Panetta Schaefer Towns Dwyer Hertel Luken Parker Scheuer Traficant The SPEAKER pro tempore. Evi- Traxler dently a quorum is not present. Early Hoagland Machtley Patterson Schiff Eckart Hobson Manton Paxon Schroeder Unsoeld The Sergeant at Arms will notify ab- Edwards (CA) Hochbrueckner Markey Payne (NJ) Schulze Valentine sent Members. Edwards (TX) Holloway Martin Payne (VA) Schumer Vander Jagt The vote was taken by electronic de- Emerson Horn Martinez Pease Sensenbrenner Vento English Hoyer Matsui Pelosi Serrano Visclosky vice, and there were-yeas 390, nays 4, Erdreich Hubbard Mavroules Penny Sharp Volkmer Vuca.novich not voting 37, as follows: Espy Huckaby Ma.zzoli Perkins Shaw Evans Hughes McCandless Peterson (FL) Shays Walker [Roll No. 120] Fascell Hunter McCloskey Peterson (MN) Shuster Walsh Washington Fawell Hutto McColl um Sikorski YEAS-390 Petri Waxman Fazio Hyde McCurdy Pickett Sisisky Abercrombie Bereuter Callahan Feighan Inhofe McDade Skaggs Weiss Pickle Weldon Alexander Berman Camp Fish Ireland McDermott Porter Skeen Alla.rd Bevill Campbell (CA) Foglietta Jacobs McEwen Wheat Poshard Skelton Whitten Anderson Bilbray Campbell (CO) Ford (Ml) Jenkins McGrath Price Slattery Andrews (ME) Bliley Cardin Ford (TN) Johnson (CT) McHugh Williams Pursell Slaughter (NY) Wise Andrews (NJ) Boehlert Carper Frank (MA) Johnson (SD) McMillan (NC) Quillen Slaughter (VA) Andrews (TX) Boehner Carr Franks (CT) Johnson (TX) McMillen (MD) Wolf Rahall Smith (FL) Wolpe Annunzio Bonior Chapman Frost Johnston McNulty Ramstad Smith (IA) Anthony Borski Clay Gallegly Jones (GA) Meyers Wyden Rangel Smith (NJ) Wylie Applegate Boucher Clement Gallo Jones (NC) MfUme Ravenel Smith (OR) Archer Boxer Clinger Gaydos Jontz Miller(CA) Yates Ray Smith(TX) Yatron Armey Brewster Coble Gejdenson Ka.njorski Miller(OH) Reed Snowe Atkins Broom1leld Coleman (MO) Gekas Kaptur Mlller(WA) Young(AK) Regula Solarz Young (FL) Baker Browder Colema.n (TX) Gephardt Kennedy Mineta Rhodes Solomon Ballenger Brown Collins (IL) Geren Kennelly Mink Zeliff Richardson Spence Zimmer Barrett Bruce Collins (Ml) Gibbons Kildee Moakley Ridge Spratt Barton Bryant Combest Gilchrest Kleczka Molinari Bateman Bunning Condit Gillmor Klug Mollohan Beilenson Burton Conyers Gilma.n Kolbe Montgomery NAY&-4 Bennett Bustamante Cooper Gingrich Kolter Moody Crane Hancock Upton Bentley Byron Costello Glickman Kopet.ski Moorhead Dannemeyer 12882 CONGRESSIONAL RECORD-HOUSE May 30, 1991 NOT VOTING-37 committee on International Develop­ D 1039 Ackerman Edwards (OK) McCrery ment, Finance, Trade and Monetary IN THE COMMITTEE OF THE WHOLE As pin Engel Michel Policy of the Committee on Banking, Au Coin Fields Mrazek Accordingly the House resolved itself Bacchus Fla.ke Obersta.r Finance and Urban Affairs be per­ into the Committee of the Whole House Barnard Goodling Owens (UT) mitted to sit on today, Thursday, May on the State of the Union for the con­ Bilirakis Hopkins Riggs 30, 1991, during the 5-minute rule in the sideration of the bill, H.R. 2426, with Brooks Horton Sanders House. Chandler Houghton Ta.non Mr. COOPER in the chair. Coughlin James Wa.ters The SPEAKER pro tempore. Is there The Clerk read the title of the bill. Da.vis Jefferson Weber objection to the request of the gen­ By unanimous consent, the bill was Dickinson Ka.sich Wilson tleman from California? Dooley Levine (CA) considered as having been read the first Dyma.lly Marlenee There was no objection. time. The CHAIRMAN. Under the unani­ D 1034 mous consent agreement, the gen­ So the resolution was agreed to. PERMISSION FOR COMMITTEE ON tleman from North Carolina [Mr. HEF­ The result of the vote was announced APPROPRIATIONS TO FILE PRIV­ NER] will be recognized for 30 minutes as above recorded. ILEGED REPORT ON LEGISLA­ and the gentleman from California [Mr. A motion to reconsider was laid on TIVE BRANCH APPROPRIATIONS LOWERY] will be recognized for 30 min­ the table. BILL, 1992 utes. Mr. FAZIO. Mr. Speaker, I ask unani­ The Chair recognizes the gentleman from North Carolina [Mr. HEFNER]. PERSONAL EXPLANATION mous consent that the Committee on Appropriations may have until mid­ Mr. HEFNER. Mr. Chairman, I yield Mr. RIGGS. Mr. Speaker, earlier night tonight to file a privileged report myself such time as I may consume. today I was en route to a meeting at on a bill making appropriations for the Mr. Chairman, it is my pleasure to the White House, and I missed rollcall legislative branch for the fiscal year present to you H.R. 2426, the fiscal year No. 120 on the rule for military con­ ending September 30, 1992, and for 1992 military construction and family struction appropriations. Had I been other purposes. housing appropriations bill. present, I would have voted "yea." The bill we are recommending Mr. LOWERY of California reserved amounts to $8.5 billion in net budget all points of order on the bill. authority, which is under the section The SPEAKER pro tempore. Is there PERSONAL EXPLANATION 602 allocation for both budget author­ Mr. DAVIS. Mr. Speaker, as many of my objection to the request of the gen­ ity and outlays. For 8 years, military colleagues know, the Defense Base Closure tleman from California? construction has been at about the and Realignment Commission has been hold­ There was no objection. same funding level with no growth. In ing regional hearings on the 43 bases the fact, since fiscal year 1985, the military Pentagon has proposed to close. One of these construction program has experienced installations, Wurtsmith Air Force Base, is lo­ GENERAL LEAVE 30 percent real negative growth. While cated in my congressional district in Michigan. Mr. HEFNER. Mr. Speaker, I ask this bill does not meet all the needs of Unfortunately, I am unable to be present in the unanimous consent that all Members the military, it is a fiscally responsible House for today's votes because the regional may have 5 legislative days in which to bill. hearing for Wurtsmith is also being held today revise and extend their remarks and to Regarding base realignments and clo­ in Indianapolis. Although I regret not being include extraneous matter on the bill, sures, this is the third year of funding present for today's votes, it is imperative that H.R. 2426. for base closures. This year's amount I participate in today's hearing. The SPEAKER pro tempore. Is there of $759 million brings the total funding objection to the request of the gen­ for base closure to $2.3 billion. I have PERMISSION FOR SUBCOMMITTEE tleman from North Carolina? been saying all along that it is not ON CONSUMER AFFAIRS AND There was no objection. going to be cheap to close bases. You COINAGE OF COMMITTEE ON need considerable up-front costs to ef­ BANKING, FINANCE AND URBAN fect realignments and closures. Members should also be aware that AFFAIRS TO SIT TODAY DURING MILITARY CONSTRUCTION 5-MINUTE RULE the base closure account in this bill APPROPRIATIONS ACT 1992 not only funds military construction Mr. TORRES. Mr. Speaker, I ask Mr. HEFNER. Mr. Speaker, I move requirements but over 30 percent of the unanimous consent that the Sub­ that the House resolve itself into the funds go to finance transfer costs and committee on Consumer Affairs and Committee of the Whole House on the environmental cleanup costs which Coinage of the Committee on Banking, State of the Union for the consider­ otherwise would be funded in the De­ Finance and Urban Affairs be per­ ation of the bill (H.R. 2426) making ap­ fense bill. mitted to sit on today, Thursday, May propriations for military construction The committee believes that more 30, 1991, during the 5-minute rule in the for the Department of Defense for the emphasis should be placed on environ­ House. fiscal year ending September 30, 1992, mental cleanup at closed bases in order The SPEAKER pro tempore. (Mr. and for other purposes; and pending to facilitate expedited reutilization of MCNULTY). Is there objection to the re­ that motion, Mr. Speaker, I ask unani­ land and facilities and, thus, has ear­ quest of the gentleman from Califor­ mous consent that general debate be marked at least $201 million for clean­ nia? limited not to exceed 1 hour, the time up work. There was no objection. to be equally divided and controlled by For overseas programs, we are rec­ the gentleman from California [Mr. ommending a reduction from the Presi­ LOWERY] and myself. dent's request of about $240 million. PERMISSION FOR SUBCOMMITTEE The SPEAKER pro tempore. Is there This includes reductions to the NATO ON INTERNATIONAL DEVELOP­ objection to the request of the gen­ infrastructure account as well as re­ MENT, FINANCE, TRADE AND tleman from North Carolina? ductions in Germany and Korea. MONETARY POLICY OF COMMIT­ There was no objection. We are recommending rescinding al­ TEE ON BANKING, FINANCE AND The SPEAKER pro tempore. The most $200 million in prior year funds URBAN AFFAIRS TO SIT TODAY question is on the motion offered by for projects that are no longer needed. DURING 5-MINUTE RULE the gentleman from North Carolina The committee has recommended de­ Mr. TORRES. Mr. Speaker, I ask [Mr. HEFNER]. ferring without prejudice approxi­ unanimous consent that the Sub- The motion was agreed to. mately $60 million for projects re- May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12883 quested by the Department but im­ As the gentleman said, our commit­ however, we have provided the best we pacted by the recent base closure rec­ tee functions in a most bipartisan way, can within our means. It deserves the ommendations. and we have a tremendous staff that support of our colleagues. The committee has recommended has been very helpful in getting this Mr. Chairman, I reserve the balance funding of about $270 million for hos­ work done. of my time. pitals and medical facilities. Mr. Chairman, H.R. 2426 provides $7 .9 Mr. HEFNER. Mr. Chairman, I yield For the Guard and Reserve programs, billion for military construction and such time as he may consume to the the committee added $189 million to family housing, $658.6 million for base gentleman from Mississippi [Mr. WIDT­ the President's request. However, the closure I, and $100 million for base clo­ TEN], chairman of the Committee on recommendation is $220 million under sure II. Also included in the bill is a re­ Appropriations, who also serves as a last year's level, which represents a 32- scission of $189.8 million. When com­ member of the Subcommittee on Mili­ percent reduction. bined, the net appropriation provided is tary Construction. One of the top quality of life pro­ $8.5 billion. This is under the Presi­ Mr. WHITTEN. Mr. Chairman, as the grams in the military is family hous­ dent's request by $80 million and with­ chairman of the House Committee on ing. The backlog of adequate housing is in the subcommittee's section 602(b) al­ Appropriations, I take pride in point­ significant and is critical in the high location. ing out that we have held the total of cost areas of the country. Therefore, We have worked hard to bring this appropriations $180.8 billion below the the committee has added $78 million to bill to the House floor. After over a President's recommendations since the President's request for the com­ year of Defense Department building 1945. This year the committee again bination of new housing units and moratoria and a changing defense pos­ has done its usual good job in meeting maintenance of existing units. ture, this bill represents a good balance present demand and yet holding down Members should also be aware that between the needs of our service men expenditures. the family housing operation and and women and the constraints con­ Mr. Chairman, it is a pleasure to maintenance portion of the bill rep­ fronting us. We can, and have, cut mili­ serve on this subcommittee with Chair­ resents one-third of the entire military tary construction, but it cannot be man BILL HEFNER and my other col­ construction bill. This includes items axed. As we continue to consolidate, leagues. I have been a member of the such as maintenance, leasing, utilities, close bases, and reduce manpower, the subcommittee for many years. I was a services and so forth, all of which are remaining bases and equipment must member when we established the Me­ mandatory type items required to oper­ be maintained in top working order ridian Naval Air Station, the Air Force ate and maintain existing units. and personnel must be highly trained base at Columbus, and provided for The committee has recommended and properly housed. shipbuilding at Pascagoula, all in my $132 million as requested for construc­ The chairman of the subcommittee State of Mississippi. These bases along tion of chemical demilitarization fa­ has outlined the major provisions of with Keesler Air Force Base at Biloxi cilities at four different installations this bill. I think it is important to note are and have been a major part of our in the United States. that this is the third year we are pro­ regular facilities for defense, in peace­ Funding of $22 million is rec­ viding funds for the 1988 Base Realign­ time and in war. ommended for the strategic homeport ment and Closure Commission's rec­ I have supported these facilities and site at Everett Naval Station, WA. No ommendations. The administration re­ the important function they serve in further funding for other strategic quested $633.6 million for the continued many different ways over the years. It homeport sites is required as a part of implementation and the committee has was my motion which amended the the homeport's initial operating capa­ increased this amount by $25 million Public Works appropriations bill that bilities. for a total of $658.6 million. Including President Eisenhower had vetoed years The committee has reduced the the appropriation in this bill we have ago in order to provide dredging funds President's request for facility con­ provided over $2.2 billion the past 3 so that two submarines built at struction at Whiteman Air Force Base years to implement the Commission's Pascagoula could be launched and get to support the B-2 beddown. In addi­ recommendations. out to sea. tion, the committee has recommended We now have under review by the 1991 I want to call attention to some of $61 million for relocation of the F-117A Base Realignment and Closure Com­ the national programs that are of spe­ Tactical Fighter Wing-Stealth-from mission Secretary Cheney's April rec­ cial interest to my district, State, and Tonopah Test Research Site, NV, to ommendations. The Department has section. Holloman AFB, NM. requested $100 million to begin imple­ Included in this bill is funding for ex­ At this point, I would just like to ex­ mentation of the Commission's propos­ pansion of the fire station at the Me­ press my appreciation to all the mem­ als. The committee has provided this ridian Naval Air Station and for con­ bers of the Military Construction Sub­ funding with the proviso that none of struction of a fire training facility. At committee. I would like to particularly the funds may be obligated until a pro­ Columbus Air Force Base, funds are thank our ranking minority member, gram with adequate justification is provided to alter the specialized under­ BILL LOWERY, for his diligence and co­ provided to the committee. In addition, graduate pilot training squadron oper­ operation in making this a bipartisan we have deferred without prejudice ations facility, and at Keesler Air effort. funding of projects at proposed closure Force Base, to construct a squadron sites. training development facility. For the D 1040 Mr. Chairman, the remainder of this Air National Guard at Key Field in Me­ Mr. Chairman, I reserve the balance bill is for the support or our service ridian funding is provided for a fuel of my time. men and women. This bill does not cell and corrosion control dock and for Mr. LOWERY of California. Mr. have the constituency expensive weap­ aircraft pavement upgrades. Chairman, I yield myself such time as on systems have-it is the soldiers, Mr. Chairman, this is the 13th year I may consume. sailors, airmen, marines and their fam­ that I have been chairman of the Com­ Mr. Chairman, I rise in support of the ilies. We provide for their working en­ mittee on Appropriations. I am a mem­ military construction appropriation vironment, their housing, their hos­ ber of this subcommittee as well as bill for fiscal year 1992. pitals and clinics, and their child care that on Defense. We face serious prob­ I would like to thank the chairman centers. lems in cutting back military spending of the Military Construction Sub­ Mr. Chairman, we have the best vol­ while making sure we are protecting committee, the gentleman from North unteer forces in the world. They de­ real defense. Adoption of this bill Carolina, for his kind remarks and serve the highest quality of life we can means we will strengthen our National commend him for his diligence in afford to give them. This bill does not Guard and Reserves, where its mem­ bringing this bill to the House floor. provide all that I would have liked; bers can contribute to the economy 12884 CONGRESSIONAL RECORD-HOUSE May 30, 1991 during the week and train on the week­ vide a strong national defense and face our colleagues,' who are losing end. strong support for our military fami­ bases at home which have a significant Mr. HEFNER. Mr. Chairman, I yield 2 lies. economic impact on their local com­ minutes to the gentleman from Mis­ Mr. Chairman, I am especially proud munities, and ask them to vote for a souri [Mr. SKELTON]. of the fact that I have the honor of rep­ bill which would use American tax dol­ Mr. SKELTON. Mr. Chairman, I resenting Fort Hood in central Texas. lars to expand NATO facilities? NATO, thank the gentleman for yielding time Fort Hood was recently described by I would remind my colleagues, is still tome. Secretary Cheney as the finest fighting searching for a role to play in light of Mr. Chairman, I wish to merely state Army installation in the United the new strategic situation in Europe. my admiration for the chairman of the States. I am very proud of that. On Monday, NATO Defense Ministers subcommittee, the gentleman from I would like to say that in addition approved a plan to reduce and restruc­ North Carolina [Mr. HEFNER], and the to the bravery and the quality of train­ ture NATO forces. This reorganization committee, especially the ranking ing of those soldiers at Fort Hood, had plan must be ratified by the heads of member of the committee, the gen­ it not been for the support of leaders state this summer. Perhaps in fiscal tleman from California [Mr. LOWERY]. such as Chairman HEFNER, that would year 1993, after the NATO reorganiza­ This is a difficult task. As the de­ not have been possible. I am also very tion is approved, we can take another fense budget declines, as it has, and appreciative of the fact that in this bill look at NATO infrastructure, but not this work product reflects that, they $46. 7 million are earmarked for con­ before a rational role for NATO is will find their job all the more difficult struction at Fort Hood. agreed to. in the days ahead, not just for Mis­ If our budgetary constraints continue souri, where I find that the appropria­ 0 1050 Mr. Chairman, this is not an extrava­ into the next fiscal year, I would urge tions in this bill are fair and even­ my colleagues to give serious thought handed. gant budget. In regard to Fort Hood, it I particularly wish to point out the is going to allow that facility to facili­ to relaxing Davis-Bacon requirements fact that we are doing something for tate the bringing in of 13,000 new troops for military housing. As the gentleman the young soldiers, sailors, and ma­ from Fort Polk, so the military base from Texas [Mr. DELAY] has pointed rines, when we take care of the family closing recommendations go through. out, our service men and women de­ housing as we have. I compliment them It is my hope, with continued support serve the best. By relaxing Davis­ on that, because if we do not continue of this fine facility in my district and Bacon we can increase military hous­ to take care of the young people and the kind of quality people I have seen ing expenditures without raising our their families, they are not going to there at Fort Hood, the young men and overall spending. stay in the military. And this is a women of our Army, we can march into Finally, I would like to thank the major step forward. I compliment them the 21st century, ready for any contin­ subcommittee for including report lan­ for it. I compliment them for the dif­ gency that this country may face. guage directing the Army Reserve to ficult job they have done, but they Mr. Chairman, I want to commend render a decision concerning renova­ have done well. the gentleman from North Carolina tion or construction for the Army Re­ Mr. HEFNER. Mr. Chairman, I yield 2 [Mr. HEFNER] and the gentleman from serve facility in Fort Dodge, IA. I am minutes to the gentleman from Texas Mississippi [Mr. WHITTEN] for their looking forward to the Army Reserve's [Mr. EDWARDS]. leadership in putting together this bill, report at next year's hearings. Mr. EDWARDS of Texas. Mr. Chair­ and thank them for their support of a Mr. HEFNER and Mr. LOWERY are to man, I thank the gentleman for yield­ quality infrastructure at Fort Hood. be commended for crafting a fine bill ing time to me. Mr. LOWERY of California. Mr. under difficult fiscal circumstances. I I rise in strong support of H.R. 2426, Chairman, I yield 3 minutes to the gen­ urge my colleagues to support the bill. the military construction appropria­ tleman from Iowa [Mr. LIGHTFOOT], a Mr. LOWERY of California. Mr. tions bill for fiscal year 1992. This member of the committee. Chairman, I yield myself such time as measure contains many important pro­ Mr. LIGHTFOOT. Mr. Chairman, I I may consume. visions relating to enhancing the qual­ rise today in support of H.R. 2426, the Mr. Chairman, I would respond to the ity of life for our military personnel. military construction appropriations gentleman from Iowa [Mr. LIGHTFOOT] Mr. Chairman, Congress may declare bill for fiscal year 1992. that the Department of Defense in­ war, wars may be planned by generals, I would first like to thank the chair­ tends to close several facilities in Eu­ but the Persian Gulf war was won by man of the subcommittee, Mr. HEFNER, rope, a number of which are major. As the American GI, the young men and and my ranking member, Mr. LOWERY, we reduce our commitments, particu­ women who were willing to put their for welcoming me to the subcommittee larly in Europe, we are closing facili­ lives on the line for the principles of and for their courtesy to me and my ties as well, and will continue to do so, this country. staff in getting settled. at an accelerated pace. If we are going to maintain the Mr. Chairman, H.R. 2426 is a good Mr. HEFNER. Mr. Chairman, I yield 1 strong national defense that is nec­ bill. We are below our 602(b) allocation minute to the gentleman from Califor­ essary to take us into the 21st century, and $85 million below the administra­ nia [Mr. PANETTA]. if we are going to continue to be ready tion request. Mr. PANETTA. Mr. Chairman, I rise to face the Saddam Husseins of this As we saw yesterday and will con­ in support of H.R. 2426, military con­ world, it is absolutely essential that we tinue to see throughout the consider­ struction appropriations bill for fiscal have the kind of quality young people ation of this year's appropriation bills, year 1992. This is the second of the 13 in our armed services that can defend tough choices have to be made. I be­ annual appropriations bills. America's interests. lieve the bill addresses the most urgent I vote to commend the Chairman, Mr. To do that we must see that they and military construction needs, but as our HEFNER, and the ranking member, Mr. their families are well-housed. We report states, a significant backlog of LOWERY, for their leadership in adher­ must see that they have the quality of military construction requirements ing to the budget agreement and the life that they so richly deserve for put­ still exist for a physical plant that budget resolution. ting their lives on the line for each and averages over 50 years in age. The bill provides $8.483 billion in dis­ every one of us. I know that the administration is cretionary budget authority and $8.458 I want to commend Chairman WlllT­ concerned that we reduced the NATO billion in discretionary outlays. I am TEN and Chairman HEFNER for putting infrastructure budget by $34 million pleased to note that the bill is $81 mil­ together that type of bill. In light of below the fiscal year 1991 level and $200 lion below the level of defense discre­ the constraints of our budget, they million below the Department of De­ tionary budget authority and $24 mil­ have crafted a measure that will pro- fense budget request. Yet how can we lion below the defense discretionary May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12885 outlays as set by the 602(b) spending ized spending has been held to a mini­ met. Thanks to the legislation that is subdivision for this subcommittee. mum, the committee bill is below it's before us today, those scores of f ami­ Earlier this week I sent Members a 602(b) allocation, and $80 million below lies will find the needs of their children Dear Colleague which described how the President's request. will indeed be met. Clearly, the committee has made the energy and water and the military 0 1100 construction appropriation bills com­ some tough choices, including a prohi­ pared to the 602(b) allocations, and I bition on outlays for military installa­ Today we have an all volunteer mili­ plan to send out similar Dear Col­ tions slated for closing, and a nearly tary, all volunteer. We want the best leagues for each appropriation bill con­ $190 million rescission for prior-year and brightest in our country to remain sidered by the House in the coming projects no longer needed. The sub­ in the military. We want them to join weeks. committee also eliminated about $240 this military of ours and we want them FACT SHEET ON H.R. 2426, MILITARY CON­ million in overseas programs requested to remain in this military of ours. STRUCTION APPROPRIATIONS BILL, FISCAL by the administration. It is not just enough to have the YEAR, 1992 (H. REPT. 102-74) Again, Mr. HEFNER and the other brick and the mortar and the airplanes The House Appropriations Committee re­ members of the committee are to be and the ships and so forth for them to ported the Military Construction Appropria­ congratulated for their fine effort. fly and to operate, but we also need to tions Bill for Fiscal Year 1992 on Wednesday, I urge the adoption of H.R. 2426. make sure that the needs of the fami­ May 22, 1991. Floor consideration of this bill Mr. HEFNER. Mr. Chairman, I yield 3 lies of our personnel are met. The legis­ is scheduled for Friday, May 31, subject to a minutes to the gentleman from Dela­ lation the committee has brought be­ rule being granted. ware [Mr. CARPER]. fore us today does just that, and again COMPARISON TO THE 602(b) SUBDIVISION Mr. CARPER. Mr. Chairman, I thank I commend them and thank them on COMPARISON. TO DEFENSE DISCRETIONARY the gentleman for yielding. behalf of all of the families at Dover SPENDING ALLOCATION Mr. Chairman, I simply want to ex­ Air Force Base. The bill, as reported, provides $8,483 mil­ tend, as others have, my congratula­ Mr. HEFNER. Mr. Chairman, I yield 1 lion of discretionary budget authority $81 tions to the gentleman from North minute to the gentleman from Mis­ million less than the Appropriations budget Carolina [Mr. HEFNER] and the gen­ sissippi [Mr. MONTGOMERY]. authority 602(b) subdivision for this sub­ committee. The bill is $24 million under the tleman from California [Mr. LOWERY] Mr. MONTGOMERY. Mr. Chairman, I subdivision total for estimated discretionary and the members of the subcommittee rise in support of H.R. 2426, the 1992 outlays. A comparison of the bill with the for the bill that has been brought be­ military construction appropriations funding subdivisions follows: fore us today. bill. I want to commend the gentleman [In millions of dollars) Mr. Chairman, as others have said, from North Carolina as well as the gen­ this legislation is fiscally responsible. tleman from California, the sub­ Military con­ Appropriations Bill over (+l/ struction ap­ committee under(-) This bill is also responsive to the committee and the full committee for propriations 602(b) sub­ committee changing military needs of our country this bill and for the fairness in the bill division 602(b) sub- division and a world that is changing more funding for the military construction BA 0 BA 0 quickly than we might have ever imag­ for National Guard and Reserve forces. BA 0 ined. The budget called for $281 million in Discretionary ...... 8,483 8,458 8,564 8,482 -81 -24 Mr. Chairman, this legislation is fur­ funding for military construction for Mandatory ...... ther responsible to the changing needs the Reserves, and this subcommittee Total ...... 8,483 8,458 8,564 8,482 -81 -2 of American families, particularly to has raised that to $470 million, which is BA = New Budeet Authority. the American military families. an increase of $189 million. Mr. Chair­ 0 = Estimated Outlays. During the recent Desert Shield/ man, this is needed. There has been a Desert Storm operations, the Dover Air shortfall in military construction for PROGRAM HIGHLIGHTS Force Base personnel, men and women Reserve forces. We know they came [In millions of dollars) there, flight crews, ground support per­ through for us in the Persian Gulf war. Budget au­ sonnel, and civilians, were tested as They do need a proper place to train thority New outlays they perhaps have never been tested and to house. Military construction : before. So I certainly commend the commit­ Army ...... 839 168 In a matter of weeks, the air cargo tee for raising the military construc­ 792 131 ~~1oite":::: : ::::::::::::::::::::::::::::: : :::: : :::::::::::: 1,035 135 level doubled, tripled, quadrupled, and tion for the Reserves and I rise in total Defense Aeencies ...... 746 90 then doubled again. During the course support of this legislation. NATO Infrastructure ...... 159 40 Family housine: of the conflict, more than 25 percent of Mr. HEFNER. Mr. Chairman, I yield 1 Army ...... 1,579 1,082 the air cargo that moved from the minute to the gentleman from Texas Navy and Marine Corps ...... 908 461 Air Force ...... 1,086 687 United States to the Persian Gulf, [Mr. PICKLE]. Base closure account ...... 759 91 moved through the Dover Air Force Mr. PICKLE. Mr. Chairman, I thank Base. the gentleman for yielding time to me. The House Appropriations Committee or­ Mr. Chairman, each of us have seen Mr. Chairman, the Military Con­ dered reported the Committee's subdivision of budget authority and outlays on May 22, in our own districts how military fami­ struction Subcommittee has had dif­ 1991. These subdivisions are consistent with lies have been tested as well. Families ficult challenges this year. It has han­ the allocation of spending responsibility to of active duty personnel, the families dled them very well. The subcommittee House committees contained in House Re­ of those who serve in the Reserves, has appropriated sufficient funds for port 102--69, the conference report to accom­ those who served in the Guard, and in closing military bases, where there are pany H. Con. Res. 121, Concurrent Resolution some cases families with one parent, in serious disagreement over which bases on the Budget for Fiscal Year 1992, as adopt­ some cases families with two parents, should be closed. And it has been able ed by the Congress on May 22, 1991. both serving in the military. to arrange for housing units at least Mr. HEFNER. Mr. Chairman, I yield 1 Mr. Chairman, it is not just civilian for the B-2 bomber until that issue is minute to the gentleman from Min­ families in our day and age that need settled. nesota [Mr. PENNY]. child care. Military families, perhaps The subcommittee has made certain Mr. PENNY. Mr. Chairman, I rise to more than ever, as we have seen in the corrections in the NATO structure commend Chairman HEFNER and the last several months, need child care as which is terribly important for us. At members of the Military Construction well for their children. In the past the same time, it has added extra Appropriations Subcommittee. The bill year, scores of Delaware families, appropriatioins for the National Guard they have presented is fiscally respon­ Dover Air Force Base families, mili­ and Reserve. sible and falls significantly below cur­ tary and civilian, have not been able to At a time when we are having to rent year spending levels. Unauthor- get the needs of their children properly make a 25-percent reduction in mili- 12886 CONGRESSIONAL RECORD-HOUSE May 30, 1991 tary expenditures over the next 5 every day and every time that we try this bipartisan bill. As a member of the sub­ years, this committee has still made to write this bill. It is really unfortu­ committee, I can attest to the pragmatic and appropriations in the construction field nate. cooperative spirit with which this legislation generally that provides excellent facili­ I hope that as we build down our was prepared. In additon, the subcommittee ties for our Guard and Reserve units, forces we will be able to free up some staff is to be commended highly for the long ,. which performed so well in the Gulf. As military construction money in order hours they put into the subcommittee's hear­ I understand it, there is no amendment to provide better housing for our mili­ ings and for their work in putting this year's bill pending to this measure, which is a tary families. together. compliment to the committee, to the But let me just speak to one provi­ Mr. Chairman, H.R. 2426 has been drafted gentleman from North Carolina [Mr. sion that I am interested in and not to to reflect the changes that are taking place in HEFNER], and certainly to the gen­ the overall construction issue. Davis­ the world around us. The bill recommends a tleman from California [Mr. LOWERY]. Bacon construction requirements in total of nearly $8. 7 billion in fiscal year 1992 -.. So I think the committee has han­ this country, a labor protective device, for military construction and family housing. dled these decisions evenly and fairly that, in my opinion, fattens the pock­ This represents a reduction of $80 million and I think the House is indebted to etbooks of union construction bosses to below President Bush's budget request. Aside them for this legislation and I com­ the detriment of military families. It is from making its contributions to our deficit re­ pliment them. outdated requirement for today. The duction efforts, I am also pleased to report Mr. HEFNER. Mr. Chairman, I yield 1 subcommittee has had DOD do conserv­ that H.R. 2426 takes an important and needed minute to the gentleman from Georgia ative estimates of what Davis-Bacon step toward ensuring that environmental [Mr. JENKINS]. costs us in military housing in this cleanup at military bases is completed. Mr. JENKINS. Mr. Chairman, I rise country, and they have found that the The bill includes a total of $300.8 million for in support of H.R. 2426 and want to join Davis-Bacon requirements tack on an environmental restoration activities at bases my colleagues in extending my appre­ additional 5 percent of the total con­ scheduled for closure or realignment. A fun­ ciation to Chairman HEFNER and the struction costs. Some $164 million is damental tenet of the Base Closure and Re­ committee from both the majority and being spent just because of these re­ alignment Act was to enable affected commu­ minority side for doing an outstanding quirements and we are getting no more nities to convert these installations to civilian job with this bill. housing. It is being spent because of use in an expeditious manner. However, the For several decades a small military labor practices in this country under enormity of environmental restoration work camp, Camp Merrill in my district, has Davis-Bacon. needed at these sites is already presenting turned out some of the most outstand­ What do Members think we could be significant barriers to this process. With this in ing leaders in the military. It is com­ doing for the quality of military fami­ mind, the committee has stated its strong be­ monly known as the ranger camp lo­ lies in this country if we could com­ lief that more emphasis needs to be placed on cated in the mountains of north Geor­ petitively build new construction, re­ the environmental cleanup activities in order to gia. pairs, and remodeling that needs to be facilitate the expedited reutilization of land and One of the difficulties through the done in order to increase the quality of facilities impacted by the closure and realign­ years has been the total absence of life to our military families? What do ment decisions. family housing for the permanent staff Members think we could do with $164 Finally, Mr. Chairman, I would like to point located there. I want to express my ap­ million? It is mindboggling. out a number of projects in H.R. 2426 that af­ preciation to the committee for provid­ It is really unfortunate that we apply fect bases in my region of California. Specifi­ ing some funding for housing at Camp military construction, especially fam­ cally, the bill includes additional funding for Merrill. This will be a great benefit to ily housing military construction several key projects at Travis Air Force Base the military personnel stationed there, under the Davis-Bacon requirements of in Fairfield and Mare Island Naval Shipyard in and I express my appreciation to the this country. Again, I am just arguing Vallejo. Each of these projects is critical for committee for taking this under con­ for family housing military construc­ the continued successful operation of Travis sideration and acting favorably on it. tion. We can argue for all construction and Mare Island. Mr. LOWERY of California. Mr. later. In this particular case, we ought For Travis AFB, the bill includes an addi­ Chairman, I yield 3 minutes to the gen­ to have a waiver of Davis-Bacon re­ tional $5.5 million to continue the renovation of tleman from Texas [Mr. DELAY], a quirements because it has been dem­ dormitories, as part of a 7-year program the member of the committee. onstrated time and time again that we base has been undertaking to take care of Mr. DELAY. Mr. Chairman, I thank are feathering the pockets of union poor lighting, inadequate insulation, obsolete the ranking member for yielding time bosses to the detriment of military electrical and mechanical systems, and lack of to me. families. We in Congress are making a privacy problems. Mr. Chairman, I just want to take a distinction through the labor laws of An additional $3.35 million is also included minute or two to bring up a problem Davis-Bacon, and thus we are picking in the measure to expand Travis' Child Devel­ that we will probably visit next year. winners and losers. opment Center, which had originally been First, I want to say that I support this In my opinion, the military family scheduled for funding in 1993. In a recent visit ,bill. I think that it is a very good bill, comes first, and we ought to pick to the base, I learned that many niilitary and and I congratulate our chairman, Mr. there. Union construction trades ought civilian families desperately need child care. HEFNER and our vice chairman, Mr. to compete with the real world so that More than 200 children are now on a waiting LOWERY, for putting it together under we can have quality construction at list for the child care services at Travis. For very difficult circumstances. I rise the best price, not protect their pay this reason, the committee approved the ac­ today because I want to add my com­ scale at an artificial rate. celeration of this important project. plaints to the fact that military con­ I just warn the House that I am going The third project at Travis which is included struction does not get a big enough to aggressively pursue the relaxation in the bill is the alteration and upgrading of the piece of the appropriation pie. of Davis-Bacon next year as it applies Consolidated Support Center. After a formal Almost 40 percent of this bill is for to military construction and family economic analysis in March, it was determined military housing for families of our housing military construction. that $9 million is needed to complete the ren- dedicated service men and women. The Mr. FAZIO. Mr. Chaiman, I rise today in . ovation project. Some of the necessary work quality of life of our military personnel strong support of H.R. 2426, the fiscal year includes: seismic upgrades to meet building in relation to military housing and rec­ 1992 military construction appropriations bill. code requirements; special wiring and cabling reational facilities is nowhere near First, I would like to express my deep appre­ for communications and computer systems; what it ougnt to be, especially over­ ciation to the chairman of the Subcommittee new windows for improved energy efficiency; seas. We are not providing quality on Military Construction, Mr. HEFNER, and the and the addition of parking facilities. housing for our families in the mili­ ranking minority member, Mr. LOWERY, for the For Mare Island, the bill includes $9.1 mil­ tary, and we rob Peter to pay Paul time and energy they each put into crafting lion to construct a computer operations center. May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12887 Current computer operations are now packed In particular, I want to thank Chairman BILL tors in achieving the bill. I very much appre­ into a 72-year-old warehouse. The new com­ HEFNER and the ranking member on that sub­ ciate the contributions that they have made. puter operations center is needed to enable committee, Congressman BILL LOWERY, for in­ This is a good bill. It provides a positive re­ Mare Island to improve efficiency, expand ca­ cluding $3.3 million to build a consolidated sponse to the most urgent military construction pacity, improve overall working conditions, and education center at McConnell. This facility will needs. The bill takes into account the budget prevent the continued degradation of data greatly improve the quality of life on this base discipline which last year's budget resolution processing operations. The bill also includes for the men, women, and their dependents put into place. And, it supplies a flexible ap­ $3.57 million for a road realignment project at stationed at McConnell interested in furthering proach with regard to the stressful base clo­ Mare Island. their education. sure and realignment exercise now underway Mr. Chairman, investing in the infrastructure The Air Force Off-Duty Education Program by recognizing the potential need for adjust­ of U.S. military installations will only translate was established to offer college level courses ments at the conference stage. into improved morale, efficiency, and produc­ on base to personnel working toward under­ I am pleased that the bill continues our ef­ tivity. H.R. 2426 is a fair and well-balanced graduate and graduate degrees. McConnell forts of previous years in the area of defense bill, and reflects the need to maintain modern has one of the best programs in the Air Force, burden sharing. The recent experience of the military facilities. I am pleased to have had the drawing professors from several local schools. United States in connection with the conflict in opportunity to work with Chairman HEFNER, Currently, courses offered to airmen and other the Middle East underlines this need. Mr. LOWERY, and the other subcommittee base personnel are conducted in two Korean The nations of Western Europe and Japan members to craft this legislation, and I strongly war vintage semipermanent wooden buildings and South Korea whose economies have urge my colleagues to support the bill. that were originally dormitories. These build­ grown strong under the protective shield of Mr. MCDADE. I rise in support of the bill. ings are poorly insulated, structurally deterio­ American military might must pick up a far Mr. Chairman, the military construction bill is rating, and increasingly require higher levels of greater share of the cost of defending them­ the second of 13 appropriation bills to be maintenance and repair. selves and the common security interests of brought before the House this year. The sub­ Other education functions, including the li­ the free world. committee has worked in a bipartisan manner brary, education programs in race relations, It is important to American national security to bring this bill to the House floor. The chair­ drug and alcohol abuse, literacy, and manage­ that the United States participate in a free man, the Honorable BILL HEFNER, has done an world alliance to share the cost of collective outstanding job. He has worked hard to ac­ ment, are scattered in available spaces across the base, making it very difficult to coordinate defense of common interests. commodate the concerns of the Members of However, the United States cannot afford this body and the administration. Mr. Chair­ these programs. No other facility exists on the base that could house these education func­ and should not be expected to continue to pay man, I also commend the ranking Republican the lion's share of those costs when the De­ member, my friend, the Honorable BILL Low­ tions, and I appreciate the Military Construc­ tion Subcommittee recognizing the importance fense Department is pushing hard for closure ERY. He has worked diligently to help craft this of military facilities inside the United States. bill and I thank him for his efforts. Together, of this project and providing the funds nec­ essary to construct this education center for American taxpayers won't stand for it. The they have brought before this house a fair and budget deficit should not be held high to fi­ balanced bill. the men and women serving our Nation. In addition, I am grateful for the quick re­ nance it. This bill is within its 602(b) allocation for The bill the House is considering today ac­ both budget authority and outlays. It contains sponse by this subcommittee to consider reprogramming funds to address the extensive knowledges those facts. It is a sound bill and a net appropriation of $4 billion of military con­ should receive the full support of this House. struction and $3. 7 billion for family housing. tornado damage incurred at McConnell on April 26, 1991. This deadly twister, which went Mr. LOWERY of California. Mr. Also included is a total of $758.6 million for Chairman, I have no further requests the implementation of base closure I and base directly through the heart of the base, de­ for time, and I yield back the balance closure II. The total net appropriation of $8.5 stroyed the hospital, gymnasium, noncommis­ of my time. sioned officer's club, recreation center, and billion represents a reduction from the Presi­ Mr. HEFNER. Mr. Chairman, I have dent's request of $80 million. base credit union while damaging several no further requests for time, and I Mr. Chairman, the administration has ex­ other buildings, including base housing, the yield back the balance of my time. pressed some concerns about the bill as re­ child care center, and the elementary school The CHAIRMAN. All time has ex­ ported by the committee. I look forward to for dependents of military personnel. pired. working with the administration and with Mem­ The Air Force's preliminary cost estimate on The Clerk will read. bers on both sides of the aisle to address the damage at McConnell is $85 million. This The Clerk read as follows: such issues as the $200 million reduction in Nation is fortunate the tornado did not damage NATO infrastructure funding. For this not only any of the military hardware based at McCon­ H.R. 2426 would prevent the United States from meeting nell which could have resulted in, literally, bil­ Be it enacted by the Senate and House of Rep­ it's commitments to our allies, but also send lions of dollars of damage. However, all the fa­ resentatives of the United States of America in Congress assembled, That the following sums the wrong signal at the wrong time. cilities it did heavily damage or destroy directly are appropriated, out of any money in the Nevertheless, this is a fair and balanced bill, support the quality of life of base personnel. Treasury not otherwise appropriated, for the which more than anything else is about the Significant funds will be needed to clean up fiscal year ending September 30, 1992, for men and women of our Armed Forces. When and eventually rebuild the facilities affected by military construction functions adminis­ visiting military installations around the world these killer storms. tered by the Department of Defense, and for you will see tangible results-results that Such repair will be necessary to return this other purposes, namely: make a difference in morale and in turn, im­ important military installation to its highest Mr. HEFNER (during the reading). prove the quality of our Armed Forces. state of readiness and to provide the military Mr. Chairman, I ask unanimous con­ This is a good bill and deserves your sup­ personnel and their families stationed at sent that the remainder of the bill port. McConnell the necessary support facilities to through page 17, line 25, be considered Mr. GLICKMAN. Mr. Chairman, I rise in sup­ assure a high quality standard of living. Again, as read, printed in the RECORD, and port of the military construction appropriation my thanks to the subcommittee for their as­ open to amendment at any point. bill for fiscal year 1992 and want to higl",light sistance. The CHAffiMAN. Is there objection the inclusion of support for McConnell Air Mr. ALEXANDER. Mr. Chairman, I rise in to the request of the gentleman from Force Base in Wichita, KS. support of this military construction appropria­ North Carolina? The facilities and equipment at McConnell tions bill. It complies with the budget resolu­ There was no objection. provide an integral component to our strategic tion, and the net new budget authority is $80 The Clerk will read. defense system. McConnell is base to almost million below the President's request. The Clerk read as follows: one-fifth of this Nation's fleet of B-1 B bomb­ The leadership of our subcommittee chair­ MILITARY CONSTRUCTION, ARMY ers, an entire wing of KC-135 refueling tank­ man, Mr. HEFNER, and ranking Republican (INCLUDING RESCISSION) ers, as well as a significant number of Kansas member, Mr. LOWERY, and the hard work of For acquisition, construction, installation, National Guard aircraft. the subcommittee staff have been major fac- and equipment of temporary or permanent 12888 CONGRESSIONAL RECORD-HOUSE May 30, 1991 public works, military installations, facili­ military departments), as currently author­ FAMILY HOUSING, ARMY ties, and real property for the Army as cur­ ized by law, $745,990,000, to remain available For expenses of family housing for the rently authorized by law, including person­ until September 30, 1996: Provided, That such Army for construction, including acquisi­ nel in the Army Corps of Engineers and amounts of this appropriation as may be de­ tion, replacement, addition, expansion, ex­ other personal services necessary for the termined by the Secretary of Defense may be tension and alteration and for operation and purposes of this appropriation, and for con­ transferred to such appropriations of the De­ maintenance, including debt payment, leas­ struction and operation of facilities in sup­ partment of Defense available for military ing, minor construction, principal and inter­ port of the functions of the Commander in construction as he may designate, to be est charges, and insurance premiums, as au­ Chief, $877,585,000, to remain available until merged with and to be available for the same thorized by law, as follows: for Construction, September 30, 1996: Provided, That of this purposes, and for the same time period, as $167,220,000; for Operation and maintenance, amount, not to exceed $118,915,000 shall be the appropriation or fund to which trans­ and for debt payment, $1,412,025,000; in all available for study, planning, design, archi­ ferred: Provided further, That of the amount $1,579,245,000: Provided, That the amount pro­ tect and engineer services, as authorized by appropriated, not to exceed $85,489,000 shall vided for construction shall remain available law, unless the Secretary of Defense deter­ be available for study, planning, design, ar­ until September 30, 1996. mines that additional obltgations are nec­ chitect and engineer services, as authorized FAMILY HOUSING, NAVY AND MARINE CORPS essary for such purposes and notifies the by law, unless the Secretary of Defense de­ For expenses of family housing for the Committees on Appropriations of both termines that additional obligations are nec­ Navy and Marine Corps for construction, in­ Houses of Congress of his determination and essary for such purposes and notifies the cluding acquisition, replacement, addition, the reasons therefor: Provided further, That Committees on Appropriations of both expansion, extension and alteration and for of the funds appropriated for "Military Con­ Houses of Congress of his determination and operation and maintenance, including debt struction, Army" under Public Law 101-148, the reasons therefor. payment, leasing, minor construction, prin­ $39,000,000 is hereby rescinded. NORTH ATLANTIC TREATY ORGANIZATION cipal and interest charges, and insurance MILITARY CONSTRUCTION, NAVY INFRASTRUCTURE premiums, as authorized by law, as follows: (INCLUDING RESCISSIONS) For the United States share of the cost of for Construction, $182,440,000; for Operation For acquisition, construction, installation, North Atlantic Treaty Organization Infra­ and maintenance, and for debt payment, and equipment of temporary or permanent structure programs for the acquisition and $725,700,000; in all $908,140,000: Provided, That public works, naval installations, facilities, construction of military facilities and instal­ the amount provided for construction shall and real property for the Navy as currently lations (including international military remain available until September 30, 1996. authorized by law, including personnel in the headquarters) and for related expenses for FAMILY HOUSING, Am FORCE Naval Facilities Engineering Command and the collective defense of the North Atlantic For expenses of family housing for the Air other personal services necessary for the Treaty Area as authorized in military con­ Force for construction, including acquisi­ purposes of this appropriation, $848,429,000, to struction Acts and section 2806 of title 10, tion, replacement, addition, expansion, ex­ remain available until September 30, 1996: United States Code, $158,800,000 to remain tension and alteration and for operation and Provided, That of this amount, not to exceed available until expended. maintenance, including debt payment, leas­ $79,700,000 shall be available for study, plan­ MILITARY CONSTRUCTION, ARMY NATIONAL ing, minor construction, principal and inter­ ning, design, architect and engineer services, GUARD est charges, and insurance premiums, as au­ as authorized by law, unless the Secretary of thorized by law, as follows: for Construction, Defense determines that additional obliga­ For construction, acquisition, expansion, $161,583,000; for Operation and maintenance, tions are necessary for such purposes and no­ rehabilitation, and conversion of facilities and for debt payment, $924,400,000; in all tifies the Committees on Appropriations of for the training and administration of the $1,085,983,000: Provided, That the amount pro­ both Houses of Congress of his determination Army National Guard, and contributions vided for construction shall remain available and the reasons therefor: Provided further, therefor, as authorized by chapter 133 of title until September 30, 1996. 10, United States Code, and military con­ That of the funds appropriated for "Military FAMILY HOUSING, DEFENSE AGENCIES Construction, Navy" under Public Law 1~ struction authorization Acts, $161,281,000, to remain available until September 30, 1996. For expenses of family housing for the ac­ 447, $10,972,000 is hereby rescinded: Provided tivities and agencies of the Department of further, That of the funds appropriated for MILITARY CONSTRUCTION, Am NATIONAL Defense (other than the military depart­ "Military Construction, Navy" under Public GUARD ments) for construction, including acquisi­ Law 101-519, $45,420,000 is hereby rescinded. For construction, acquisition, expansion, tion, replacement, addition, expansion, ex­ MILITARY CONSTRUCTION, Am FORCE rehabilitation, and conversion of facilities tension and alteration and for operation and (INCLUDING RESCISSIONS) for the training and administration of the maintenance, leasing, and minor construc­ For acquisition, construction, installation, Air National Guard, and contributions there­ tion, as authorized by law, as follows: for and equipment of temporary or permanent for, as authorized by chapter 133 of title 10, Construction, $200,000; for Operation and public works, military installations, facili­ United States Code, and military construc­ maintenance, $26,000,000; in all $26,200,000: ties, and real property for the Air Force as tion authorization Acts, $172,690,000, to re­ Provided, That the amount provided for con­ currently authorized by law, $1,129,420,000, to main available until September 30, 1996. struction shall remain available until Sep­ remain available until September 30, 1996: MILITARY CONSTRUCTION, ARMY RESERVE tember 30, 1996. Provided, That of this amount, not to exceed For construction, acquisition, expansion, HOMEOWNERS ASSISTANCE FUND, DEFENSE $74,300,000 shall be available for study, plan­ rehabilitation, and conversion of facilities For use in the Homeowners Assistance ning, design, architect and engineer services, for the training and administration of the Fund established pursuant to section 1013(d) as authorized by law, unless the Secretary of Army Reserve as authorized by chapter 133 of the Demonstration Cities and Metropoli­ Defense determines that additional obliga­ of title 10, United States Code, and military tan Development Act of 1966 (Public Law 89- tions are necessary for such purposes and no­ construction authorization Acts, $94,860,000, 754, as amended), $84,000,000, to remain avail­ tifies the Committees on Appropriations of to remain available until September 30, 1996. able until expended. both Houses of Congress of his determination MILITARY CONSTRUCTION, NAVAL RESERVE BASE REALIGNMENT AND CLOSURE ACCOUNT, and the reasons therefor: Provided further, PART I That of the funds appropriated for "Military For construction, acquisition, expansion, Construction, Air Force" under Public Law rehabilitation, and conversion of facilities For deposit into the Department of De­ fense Base Closure Account established by 1~7. $16,900,000 ls hereby rescinded: Pro­ for the training and administration of the re­ vided further, That of the funds appropriated serve components of the Navy and Marine section 207(a)(l) of the Defense Authorization for "Military Construction, Air Force" under Corps as authorized by chapter 133 of title 10, Amendments and Base Closure and Realign­ Public Law 101-148, $63,900,000 is hereby re­ United States Code, and military construc­ ment Act (Public Law 1~526), $658,600,000, to scinded: Provided further, That of the funds tion authorization Acts, $20,900,000, to re­ remain available for obligation until Sep­ appropriated for "Military Construction, Air main available until September 30, 1996. tember 30, 1995: Provided, That none of these Force" under Public Law 101-519, $13,600,000 funds may be obligated for base realignment is hereby rescinded. MILITARY CONSTRUCTION, Am FORCE RESERVE and closure activities under Public Law 1~ For construction, acquisition, expansion, 526 which would cause the Department's MILITARY CONSTRUCTION, DEFENSE AGENCIES rehabilitation, and conversion of facilities $1,800,000,000 cost estimate for military con­ (INCLUDING TRANSFER OF FUNDS) for the training and administration of the struction and family housing related to the For acquisition, construction, installation, Air Force Reserve as authorized by chapter Base Realignment and Closure Program to and equipment of temporary or permanent 133 of title 10, United States Code, and mili­ be exceeded: Provided further, That not less public works, installations, facilities, and tary construction authorization Acts, than $200,800,000 of the funds appropriated real property for activities and agencies of $20,800,000, to remain available until Septem­ herein shall be available solely for environ­ the Department of Defense (other than the ber 30, 1996 . mental restoration.

...... c_ __...... -. ' I . J • ~ -i • • J ,.. • • ' .- " - __. • - ~ May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12889 BASE REALIGNMENT AND CLOSURE ACCOUNT, ber country, unless such contracts are priated if the funds obligated for such PARTII awarded to United States firms or United project'(!) are obligated from funds available For deposit into the Department of De­ States firms in joint venture with host na­ for military construction projects, and (2) do fense Base Closure Account 1990 established tion firms. not exceed the amount appropriated for such by section 2906(a)(l) of the Department of De­ SEC. 112. None of the funds appropriated in project, plus any amount by which the cost fense Authorization Act, 1991 (Public Law this Act for military construction in· the of such project is increased pursuant to law. 101-510), $100,000,000, to remain available United States territories and possessions in SEC. 120. Of the funds appropriated in this until expended: Provided, That of the funds the Pacific and on Kwajalein Island may be Act for Operations and maintenance of Fam­ appropriated herein such sums as may be re­ used to award any contract estimated by the ily Housing, no more than $15,000,000 may be quired shall be available for environmental Government to exceed $1,000,000 to a foreign obligated for contract cleaning of family restoration. contractor: Provided, That this section shall housing uni ts. GENERAL PROVISIONS not be applicable to contract awards for SEC. 121. None of the funds appropriated in which the lowest responsive and responsible this Act may be used for the design, con­ SEC. 101. None of the funds appropriated in bid of a United States contractor exceeds the struction, operation or maintenance of new this Act shall be expended for payments lowest responsive and responsible bid of a family housing units in the Republic of under a cost-plus-a-fixed-fee contract for foreign contractor by greater than 20 per Korea in connection with any increase in ac­ work, where cost estimates exceed $25,000, to companied tours after June 6, 1988. be performed within the United States, ex­ centum. cept Alaska, without the specific approval in SEC. 113. The Secretary of Defense is to in­ (TRANSFER OF FUNDS) writing of the Secretary of Defense setting form the Committees on Appropriations and SEC. 122. During the five year period after forth the reasons therefor. the Committees on Armed Services of the appropriations available to the Department SEC. 102. Funds herein appropriated to the plans and scope of any proposed military ex­ of Defense for military construction and Department of Defense for construction shall ercise involving United States personnel family housing operation and maintenance be available for hire of passenger motor vehi­ thirty days prior to its occurring, if amounts and construction have expired for obligation, cles. expended for construction, either temporary upon a determination that such appropria­ SEC. 103. Funds appropriated to the Depart­ or permanent, are anticipated to exceed tions will not be necessary for the liquida­ ment of Defense for construction may be $100,000. tion of obligations or for making authorized used for advances to the Federal Highway (TRANSFER OF FUNDS) adjustments to such appropriations for obli­ Administration, Department of Transpor­ SEC. 114. Unexpended balances in the Mili­ gations incurred during the period of avail­ tation, for the construction of access roads tary Family Housing Management Account ability of such appropriations, unobligated as authorized by section 210 of title 23, Unit­ established pursuant to section 2831 of title balances of such appropriations may be ed States Code, when projects authorized 10, United States Code, as well as any addi­ transferred into the appropriation " Foreign therein are certified as important to the na­ tional amounts which would otherwise be Currency Fluctuations, Construction, De­ tional defense by the Secretary of Defense. transferred to the Military Family Housing fense" to be merged with and to be available SEC. 104. None of the funds appropriated in Management Account during fiscal year 1992, for the same time period and for the same this Act may be used to begin construction shall be transferred to the appropriations for purposes as the appropriation to which of new bases inside the continental United Family Housing provided in this Act, as de­ transferred: Provided, That the next to the States for which specific appropriations have termined by the Secretary of Defense, based last proviso of section 121 of the Military not been made. Construction Appropriations Act, 1987, (Pub­ on the sources from which the funds were de­ lic Law 99-500; 100 Stat. 1783-294 and Public SEC. 105. No part of the funds provided in rived, and shall be available for the same this Act shall be used for purchase of land or Law 99-591; 100 Stat. 3341-294) is hereby re­ purposes, and for the same time period, as pealed. land easements in excess of 100 per centum of the appropriation to which they have been the value as determined by the Corps of En­ SEC. 123. None of the funds appropriated in transferred. this Act for planning and design activities gineers or the Naval Facilities Engineering SEC. 115. Not more than 20 per centum of Command, except (a) where there is a deter­ may be used to initiate design of the Penta­ the appropriations in this Act which are lim­ gon Annex. mination of value by a Federal court, or (b) ited for obligation during the current fiscal purchases negotiated by the Attorney Gen­ SEC. 124. None of the funds appropriated in year shall be obligated during the last two this Act, except those necessary to exercise eral or his designee, or (c) where the esti­ months of the fiscal year. mated value is less than $25,000, or (d) as oth­ construction management provisions under erwise determined by the Secretary of De,_ (TRANSFER OF FUNDS) section 2807 of title 10, United States Code, fense to be in the public interest. SEC. 116. Funds appropriated to the Depart­ may be used for study, planning, design, or SEC. 106. None of the funds appropriated in ment of Defense for construction in prior architect and engineer services related to this Act shall be used to (1) acquire land, (2) years are hereby made available for con­ the relocation of Yongsan Garrison, Korea. provide for site preparation, or (3) install struction authorized for each such military SEC. 125. Such sums as may be necessary utilities for any family housing, except hous­ department by the authorizations enacted for fiscal year 1992 pay raises for programs ing for which funds have been made available into law during the first session of the One funded by this Act shall be absorbed within in annual military construction appropria­ Hundred Second Congress. the levels appropriated in this Act. tion Acts. SEC. 117. The Secretary of Defense is to SEC. 126. Section 402 of Public Law 102-27 SEC. 107. None of the funds appropriated in provide the Committees on Appropriations of (105 Stat. 155) is amended by inserting "(a)" this Act for minor construction may be used the Senate and the House of Representatives preceding "In", by inserting "effective No­ to transfer or relocate any activity from one with a report by February 15, 1992, contain­ vember 5, 1990" after "repealed", and by add­ base or installation to another, without ing details of the specific actions proposed to ing at the end thereof the following new sub­ prior notification to the Committees on Ap­ be taken by the Department of Defense dur­ section: propria tions. ing fiscal year 1992 to encourage other mem­ "(b) Effective November 5, 1990, chapter SEC. 108. No part of the funds appropriated ber nations of the North Atlantic Treaty Or­ 113A of title 18, United States Code, is in this Act may be used for the procurement ganization and Japan to assume a greater amended to read as if section 132 of Public of steel for any construction project or activ­ share of the common defense burden of such Law 101-519 had not been enacted.". ity for which American steel producers, fab­ nations and the United States. The CHAIRMAN. Are there any ricators, and manufacturers have been de­ SEC. 118. For military construction or fam­ points of order on the bill? nied the opportunity to compete for such ily housing projects that are being com­ If not, are there any amendments to steel procurement. pleted with funds otherwise expired or lapsed the bill? SEC. 109. None of the funds available to the for obligation, expired or lapsed funds may The Clerk will read. Department of Defense for military con­ be used to pay the cost of associated super­ struction or family housing during the cur­ vision, inspection, overhead, engineering and The Clerk read as follows: rent fiscal year may be used to pay real design on those projects and on subsequent This Act may be cited as the "Military property taxes in any foreign nation. claims, if any. Construction Appropriations Act, 1992". SEC. 110. None of the funds appropriated in SEC. 119. Notwithstanding any other provi­ Mr. COLEMAN of Missouri. Mr. Chairman, this Act may be used to initiate a new in­ sion of law, any funds appropriated to a mili­ today the House is considering H.R. 2426, the stallation overseas without prior notifica­ tary department or defense agency for the Military Construction Appropriations bill for fis­ tion to the Committees on Appropriations. construction of military projects may be ob­ SEC. 111. None of the funds appropriated in ligated for a military construction project or cal year 1992. I rise in support of this legisla­ this Act may be obligated for architect and contract, or for any portion of such a project tion. engineer contracts estimated by the Govern­ or contract, at any time before the end of Overall, the bill will provide funds to build ment to exceed $500,000 for projects to be ac­ the fourth fiscal year after the fiscal year for military facilities and family housing in the complished in Japan or in any NATO mem- which funds for such project were appro- coming fiscal year. I am particularly pleased 12890 CONGRESSIONAL RECORD-HOUSE May 30, 1991 that the Appropriations Committee has fully Ballenger Gallo Martinez Russo Smith(OR) Traxler Barrett Gaydos Matsui Sabo Smith(TX) Unsoeld funded the President's request for $1.6 million Barton Gejdenson Mavroules Sanders Snowe Upton in military construction funds for the Air Na­ Bateman Gekas Mazzoli Sanimetster Solarz Valentine tional Guard at Rosecrans Memorial Airport in Beilenson Gephardt McCandless Santorum Solomon Vander Jagt St. Joseph, MO. Bennett Geren Mccloskey Sarpalius Spence Vento Bentley Gibbons McColl um Sawyer Spratt Visclosky The debate and vote on this legislation Bereuter Gilchrest McCrery Saxton Staggers Volkmer could not have come at a more appropriate Berman Gillmor McCurdy Schaefer Stallings Vucanovich time. Today, after 5 months service in the Per­ Bevill Gilman McDade Scheuer Stark Walker Bilbray Gingrich McDermott Schiff Stenholm Walsh sian Gulf in support of Operation Desert Bilirakis Glickman McEwen Schroeder Stokes Washington Storm, the 139th Tactical Airlift Group is re­ Bliley Gonzalez McGrath Schulze Studds Waxman turning home to St. Joseph. The inclusion of Boehlert Goodling McHugh Schumer Sundquist Weber this funding in the bill is a recognition of their Boehner Gordon McMillan(NC) Serrano Swett Weldon Bonior Gradison McMillen(MD) Sharp Swift Wheat efforts during the war, and an affirmation of Borski Grandy McNulty Shaw Synar Whitten the important, and continuing, role of Rose­ Boucher Gray Meyers Shays Tallon Williams crans Field in Air National Guard operations. Boxer Green Mfume Shuster Tanner Wise Brewster Guarini Michel Sikorski Tauzin Wolf Mr. Chairman, I urge my colleagues to join Brooks Gunderson Miller (CA) Sisisky Taylor (MS) Wolpe me in welcoming home the men and women Broomfield Hall (OH) Miller(OH) Skaggs Taylor (NC) Wyden of the 139th TAG by voting in support of this Browder Hall (TX) Miller(WA) Skeen Thomas(CA) Wylie bill. Brown Hamilton Mineta Skelton Thomas(GA) Yates Bruce Hammerschmidt Mink Slattery Thomas(WY) Yatron Mr. HEFNER. Mr. Chairman, I move Bryant Hansen Moakley Slaughter (NY) Thornton Young(AK) that the Committee do now rise and re­ Bunning Harris Molinari Slaughter (VA) Torres Young(FL) port the bill back to the House with Burton Hastert Mollohan Smith (FL) Torricelli Zeliff Byron Hatcher Montgomery Smith (IA) Towns Zimmer the recommendation that the bill do Calla.ban Hayes (LA) Moody Smith (NJ) Traficant pass. Camp Hefley Moran The motion was agreed to. Campbell (CO) Hefner Morella NAYS-18 Cardin Herger Morrison Campbell (CA) Goss Petri D 1110 Carper Hertel Mrazek Crane Hancock Savage Carr Hoagland Murphy Dornan (CA) Hayes (IL) Sensenbrenner Accordingly, the Committee rose; Chapman Hobson Murtha Dreier Henry Stearns and the Speaker pro tempore [Mr. BEN­ Clay Hochbrueckner Myers Duncan Moorhead Stump Clement Holloway Nagle Fawell Nussle Waters NETT] having assumed the chair, Mr. Clinger Horn Natcher COOPER, Chairman of the Committee of Coble Hoyer Neal (MA) NOT VOTING-21 Coleman (MO) Hubbard Neal (NC) the Whole House on the State of the Ackerman Dellums Levine (CA) Coleman (TX) Huckaby Nichols Union, reported that that Committee, Aspin Dooley Livingston Collins (IL) Hughes Nowak Au Coin Engel Marlenee having had under consideration the bill Collins (Ml) Hunter Oakar Barnard Hopkins Oberstar (H.R. 2426) making appropriations for Combest Hutto Obey Bustamante Horton Owens (UT) Condit Hyde Olin military construction for the Depart­ Chandler Houghton Weiss Conyers Inhofe Ortiz Davis Jefferson Wilson ment of Defense for the fiscal year end­ Cooper Ireland Orton ing September 30, 1992, and for other Costello Jacobs Owens (NY) purposes, had directed him to report Coughlin James Oxley D 1135 the bill back to the House, with the Cox(CA) Jenkins Packard Ms. WATERS and Mr. HA YES of Illi­ Cox (IL) Johnson (CT) Pallone recommendation that the bill do pass. Coyne Johnson (SD) Panetta nois changed their vote from "yea" to The SPEAKER pro tempore. Without Cramer Johnson (TX) Parker "nay." objection, the previous question is or­ Cunningham Johnston Patterson Mr. ROGERS changed his vote from Dannemeyer Jones (GA) Paxon dered. Darden Jones (NC) Payne (NJ) "yea" to "nay." There was no objection. de la Garza Jontz Payne (VA) So the bill was passed. The SPEAKER pro tempore. The De Fazio Kanjorski Pease The result of the vote was announced question is on the engrossment and DeLa.uro Kaptur Pelosi as above recorded. DeLay Kasich Penny third reading of the bill. Derrick Kennedy Perkins A motion to reconsider was laid on The bill was ordered to be engrossed Dickinson Kennelly Peterson (FL) the table. and read a third time, and was read the Dicks Kildee Peterson (MN) Dingell Kleczka Pickett third time. Dixon Klug Pickle The SPEAKER pro tempore. The Donnelly Kolbe Porter PERSONAL EXPLANATION question is on the passage of the bill. Doolittle Kolter Poshard Mr. LIVINGSTON. Mr. Speaker, dur­ The question was taken; and the Dorgan (ND) Kopet.ski Price Downey Kostmayer Pursell ing the last vote I was unavoidably de­ Speaker pro tempore announced that Durbin Kyl Quillen tained on the other side of the Capitol the ayes appeared to have it. Dwyer LaFalce Ra.hall on official business and could not be Mr. SOLOMON. Mr. Speaker, I object Dymally Lagomarsino Ramstad Early Lancaster Rangel here in time to cast that vote. to the vote on the ground that a Eckart La.ntos Ravenel Had I been here, I would have voted quorum is not present and make the Edwards (CA) LaRocco Ray "aye," and I would like to set the point of order that a quorum is not Edwards (OK) Laughlin Reed RECORD straight. present. Edwards (TX) Leach Regula Emerson Lehman (CA) Rhodes The SPEAKER pro tempore. Evi­ English Lehman (FL) Richardson dently a quorum is not present. Erdreich Lent Ridge REMOVAL OF NAME OF MEMBER The Sergeant at Arms will notify ab­ Espy Levin (MI) Riggs AS COSPONSOR OF H.R. 20 sent Members. Evans Lewis (CA) Rinaldo Fascell Lewis (FL) Ritter Mr. CLAY. Mr. Speaker, I ask unani­ The vote was taken by electronic de­ Fazio Lewis (GA) Roberts vice and there were-yeas 392, nays 18, Feighan Lightfoot Roe mous consent that the name of the not voting 21, as follows: Fields Lipinski Roemer gentleman from Alabama, Mr. WILLIAM Fish Lloyd Rogers L. DICKINSON, be removed as a cospon­ [Roll No. 121) Flake Long Rohrabacher Foglietta Lowery (CA) Ros-Lehtinen sor of the bill, H.R. 20. YEAS---392 Ford (Ml) Lowey(NY) Rose The SPEAKER pro tempore (Mr. AN­ Abercrombie Andrews (NJ) Archer Ford (TN) Luken Rostenkowski DREWS of Maine). Is there objection to Alexander Andrews (TX) Armey Frank(MA) Machtley Roth the request of the gentleman from Mis­ Allard Annunzto Atkins Franks (CT) Manton Roukema Anderson Anthony Bacchus Frost Markey Rowland souri? Andrews (ME) Applegate Baker Gallegly Martin Roybal There was no objection. May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12891 PERSONAL EXPLANATION House will :meet at 10 a.:rn. to take up team, led by coach Eddie Reese, be­ Mrs. VUCANOVICH. Mr. Speaker, on the Depart:rnent of Defense appropria­ came only the fourth team in NCAA rollcall 115 I was not recorded as hav­ tions for fiscal year 1992, all subject to history to win four consecutive cham­ ing voted. I was in the Chamber, I in­ a rule. pionships. Additionally, Mr. Schubert serted :my vote card and intended to Conference reports can be brought up and Mr. Reese were recently selected to record :my vote. So:rnehow :my vote was at any ti:rne. Any further progra:rn will coach the U.S. Oly:rnpic swim tea:rns not recorded. Had it been recorded, I be announced later. when they co:rnpete in the 1992 suilliller would have voted "no." Mr. MICHEL. I thank the distin­ Olympic games in Barcelona. I ask unani:rnous consent that this guished :rnajori ty leader. As a former member of the Univer­ explanation appear iillillediately fol­ Mr. Speaker, should we assu:rne that sity of Texas swim team-way back lowing that rollcall in the Per:rnanent they are getting together on a rule there-I'm extremely proud of these ex­ RECORD. with respect to civil rights? Is there ceptional young athletes. I co:rn:rnend The SPEAKER pro te:rnpore. Is there so:rne progress being :made in that area? the :men's and wo:rnen's swi:rn tea:rn objection to the request of the gentle­ me:rnbers for their hard work and dedi­ D 1140 cation to excellence, and salute the:rn wo:rnan fro:rn Nevada? Mr. GEPHARDT. Mr. Speaker, that There was no objection. on winning the 1991 NCAA champion­ will be worked on today, and the :mi­ ships. nority leader will obviously be con­ Mr. Speaker, I submit the na:rnes of LEGISLATIVE PROGRAM sulted. these University of Texas swi:rn team Mr. MICHEL. Mr. Speaker, I thank (Mr. MICHEL asked and was given :members who participated in the the distinguished gentle:rnan fro:rn Mis­ NCAA meet in March: per:rnission to address the House for 1 souri. [Mr. GEPHARDT]. :minute.) Members of the women's swim team Mr. MICHEL. Mr. Speaker, I have include Katy Arris, Beth Barr, Barbara "B.J." Bedford, Kristi Busico, Andrea taken this ti:rne for the purpose of in­ ADJOURNMENT TO MONDAY, JUNE quiring of the distinguished :majority Ciro, Julie Cooper, Dana Dutcher, 3, 1991 Leigh Ann Fetter, Andrea Fisher, leader as to the progra:rn for next week. Mr. GEPHARDT. Mr. Speaker, I ask Mr. GEPHARDT. Mr. Speaker, will Shannon Halverstadt, Erika Hansen, unanimous consent that when the Kelly Jenkins, Lydia Morrow, Terri the gentle:rnan yield? House adjourns today, it adjourn to Mr. MICHEL. I yield to the :majority Seipel, Amy Shaw, Julie Sommer, meet at noon on Monday next. Kristina Stinson, Dorsey Tierney, and leader, the gentle:rnan fro:rn Missouri The SPEAKER pro tempore. (Mr. AN­ [Mr. GEPHARDT] Jodi Wilson. Mr. GEPHARDT. I thank the gen­ DREWS of Maine). Is there objection to Members of the men's swim team are tle:rnan for yielding. the request of the gentleman fro:rn Mis­ Javier Careaga, Josh Davis, Doug Dick­ Mr. Speaker, the votes today are con­ souri? inson, Chris Dreyfuss, Jason Fink, cluded. There will not be votes to:rnor­ There was no objection. Brandon Gardner, Shaun Jordan, Ethan row, as I announced yesterday. Saulnier, Trent Staats, Matt Stahlman, Brett Stone, Jeff Thibault, Mr. Speaker, on Monday, June 3, the DISPENSING WITH CALENDAR House will :meet at noon, consider nine Adam Werth, Kevin Williams, and Alex WEDNESDAY BUSINESS ON Wittig. bills under suspension. Recorded votes WEDNESDAY NEXT on the suspensions will be postponed until after debate on all suspensions. I Mr. GEPHARDT. Mr. Speaker, I ask unani:rnous consent that the business THE COMPREHENSIVE VIOLENT would suspect that there would not be CRIME CONTROL ACT OF 1991 any votes, if there are any, until 4 in order under the Calendar Wednesday o'clock or later. rule be dispensed with on Wednesday (Mr. GOSS asked and was given per­ H.R. 2042, Federal Fire Prevention next. mission to address the House for 1 and Control Act authorization. The SPEAKER pro tempore. Is there minute and to revise and extend his re­ S. 483, Taconic Mountains Protection objection to the request of the gen­ marks.) Act of 1991. tle:rnan from Missouri? Mr. GOSS. Mr. Speaker, not a day H.R. 2312, to a:rnend the Follow There was no objection. goes by that we are not sickened by re­ Through Act and the Head Start Tran­ ports of violent crime occurring on our sition Project Act. streets, in our neighborhoods, and even UNIVERSITY OF TEXAS SWIM in our ho:rnes. The American people are H.R. 2313, School Dropout De:rn­ TEAMS NCAA CHAMPIONS onstration Assistance Act of 1988 au­ tired of being inundated by this wave thorization. (Mr. PICKLE asked and was given of crime and tragedy. H.R. 476, Michigan Scenic Rivers Act permission to address the House for 1 In his address to the Nation, March 6, of 1991. minute and to revise and extend his re­ President Bush challenged Congress to H.R. 990, Monocacy National Battle­ :rnarks.) pass comprehensive crime control leg­ field Land acquisition. Mr. PICKLE. Mr. Speaker, it gives islation within 100 days. The challenge H.R. 1642, Palo Alto Battlefield Na­ :me great pleasure. to recognize the Uni­ is due to expire on June 14 and there is tional Historic Site Act of 1991. versity of Texas :men's and women's little evidence to suggest we are seri­ H.R. 1323, to designate certain seg­ swim teams, which last :month won the ously working on a comprehensive :rnents of the Allegheny River in Penn­ 1991 NCAA championships. This was crime bill. sylvania as a co:rnponent of the Na­ the seventh NCAA championship title H.R. 1400, the Comprehensive Violent tional Wild and Scenic Rivers Syste:rn. in 8 years for the women's swim team, Crime Control Act of 1991, is a good S. 292, to expand the boundaries of and the fourth consecutive title for the place to start. Its provisions include the Saguaro National Monu:rnent men's swi:rn team. Truly, this is an out­ death penalty procedures, habeas cor­ On Tuesday, June 4, the House :meets standing record-never achieved before pus reform, and a modified exclusion­ at noon on H.R. 1, the Civil Rights Act by any university swi:rn tea:rn in the ary rule to help protect the innocent of 1991, subject to a rule. Oil Wednes­ country, so far as I know. and punish the guilty. It also contains day, June 5, the House :meets at 10 a.:rn. Under the direction of coach Mark an equal justice section codifying cur­ to consider the legislative branch ap­ Schubert, who came to the University rent case law to prevent discrimination propriations for fiscal year 1992. On of Texas 3 years ago, the wo:rnen's team in individual cases. There are provi­ Thursday, the House will :meet at 10 to captured its second consecutive NCAA sions to strengthen Federal firearms take up VA-HUD appropriations, fiscal win this year. Previously, the women laws and crack down on terrorism, sex­ year 1992. And on Friday, June 7, the held five straight titles. The men's ual violence, and child abuse.

49-059 0-95 Vol. 137 !Pt. 9) 35 12892 CONGRESSIONAL RECORD-HOUSE May 30, 1991 The bill is not a panacea, but it is a be brought to another nation. Mr. MODIFICATIONS ON QUOTA BILL start, and it will help focus the debate Speaker, during the past several years, DO NOT SOLVE PROBLEMS on increasing individual accountability we have watched in amazement as one (Mr. BALLENGER asked and was and strenthening the hands of our law Communist nation after another crum­ given permission to address the House enforcement community. If the pri­ bled and turned to freedom and democ­ for 1 minute and to revise and extend mary purpose of government is to pro­ racy. his remarks.) tect citizens and their property, we've Less than a year ago in this very Mr. BALLENGER. Mr. Speaker, failed to do our best thus far. We have Chamber, the liberals tried to kill all there has been substantial discussion work to do. Let us get on with it. aid to the UNITA rebels which we have on so-called modifications made by the supported for so long. There was quite leadership of this House to obtain a battle, but fortunately a majority of WAITING FOR NRA'S ANSWER enough votes to pass the quota bill, the Members supported the UNITA H.R. 1, and to override a promised (Mr. SCHUMER asked and was given struggle for freedom. We knew that Presidential veto. permission to address the House for 1 peace was possible if we continued our The modifications are, frankly, best minute and to revise and extend his re­ support. Just a few months later, that described as transparent and empty. marks.) dream of peace has come true. They don't resolve the quota issue and Mr. SCHUMER. Mr. Speaker, the ma­ The war may have come to an end, still promise that exorbitant damages jority leader of the Senate has stated but the struggle for freedom will con­ will be leveled at main street busi­ his support for the Brady bill with sev­ tinue. The United States must ensure, nesses who are sued under this legisla­ eral additions, and those additions along with the United Nations and the tion. strengthen the bill even further. Soviet Union, that the transition goes Mr. Speaker, let me be clear for my Beefing up records, requiring police to smoothly and that the elections are colleagues. The quota bill remains a check on data which is available, is an held and are indeed fair. Freedom will quota bill. A so-called cap on punitive improvement I and other supporters of not be a reality until the people have damages will not reduce litigation rational gun policy in this country wel­ voted. costs and will result in the creation of come, and there is no question that the Mr. Speaker, the coming months will a lawyer's bonanza. The cap is really a majority leader's focus on the bill and be critical during this time of change. floor. Members will now be asked to his improvements will help the chances We must continue to support the peo­ vote for punitive damages on their for the bill in the Senate. Senator ple of Angola and help guide them on small-business constituents to the tune MITCHELL is stepping out front in a the road to true freedom. of at least $150,000. practical and yet courageous way, and I hope this House will oppose the he deserves to be praised by all of us. quota bill. It is contrary to the spirit But now I today challenge the NRA of this Nation. to support the Mitchell proposal. All MULTIETHNIC HAWAII'S along the NRA, and the Staggers PERSPECTIVE ON H.R. 1 amendment, and others said an auto­ (Mr. ABERCROMBIE asked and was 0 1150 matic check should be mandated. The given permission to address the House Mitchell proposal, while retaining the for 1 minute.) NO MFN FOR CHINA WITHOUT 7-day waiting period, does indeed man­ Mr. ABERCROMBIE. Mr. Speaker, CONDITIONS date a background check, and, in addi­ representing Hawaii, with its unique (Mr. PANETTA asked and was given tion, it gives money, badly needed multiethnic island heritage, where no permission to address the House for 1 money, to the States to update crimi­ group constitutes a majority of the minute and to revise and extend his re­ nal records. population, I hold a special apprecia­ marks.) So, Mr. Speaker, the NRA should fi­ tion for the sentiments and philosophy Mr. PANETTA. Mr. Speaker, the nally put its money where its mouth is. embodied in H.R. 1, the civil rights and credibility of this Nation in the world There is now a bill that not only deals women's equity bill. The people of Ha­ community rests on our moral leader­ with the needs that the Brady bill ad­ waii were held for decades in ship. We have fought wars against tyr­ dressed, but deals with the needs that oligarchial thrali by a colonial elite. annies. We have opposed the policies of the Staggers bill addressed as well. Only by transcending stereotype atti­ apartheid and discrimination. We have Will the NRA do what it had said it tudes were our people able to unite and provided food aid to the persecuted ref­ will do all along and support this pro­ forge what is perhaps this Nation's ugees of other nations. We have served posal? I say to the ladies and gentle­ most racially integrated society. as a beacon of freedom and democracy men of the NRA, "The ball is in your It is from this perspective, Mr. to the world-a beacon that signals the court. We're awaiting your answer." Speaker, the perspective of my home strength of commitment to democratic State, Hawaii, that I can see the car­ ideals. dinal virtues of the civil rights bill. These ideals are not for sale to any PEACE COMES TO ANGOLA Quotas, which are specifically es­ nation-regardless of the price. To (Mr. HEFLEY asked and was given chewed in this bill, are not the issue, grant most-favored-nation trading sta­ permission to address the House for 1 nor is any specific provision of this bill tus to the People's Republic of China minute.) the issue. The issue, Mr. Speaker, is without important human rights condi­ Mr. HEFLEY. Mr. Speaker, tomorrow one of perspective, one of attitude, one tions would be to place our moral lead­ is a great day for the nation of Angola. of approach. With the passage of this ership in the world on the trading After enduring 16 years of bloody civil civil rights bill, we in this House can block. The President has announced his war, the road to peace is finally being help set the tone for the Nation. We intention to authorize a 1-year exten­ taken in this war torn nation. Tomor­ seek to set a tone which affirms racial sion of MFN status for China without row, representatives of the Govern­ and ethnic equality. restrictions. He does not dispute the ment of the People's Republic of An­ Mr. Speaker, if we falter in that task, fact that China's rulers have not gola and the National Union for the we will send an entirely different mes­ learned to respect the human rights of Total Independence of Angola, known sage. So, one way or another, Mr. their people. as UNITA, will sign a cease-fire agree­ Speaker, we will be sending a message These are the facts: Nearly 300 ment ending a state of war. to the country and to the world, and so prodemocracy protesters remain in de­ A transition period will begin form­ I urge my colleagues, I urge every tention without trial. Reliable sources ing one national army and yes, there Member of this House, to let that mes­ report that prisoners of conscience are will be free and fair multiparty elec­ sage be the right one: Pass the civil forced to produce goods for export to tions in the fall of 1992. Democracy will rights and women's equity bill of 1991. the United States, and China has clear- May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12893 ly violated its pledge not to aid the de­ gress use in hiring applicants in their creasing volume that they are not eli­ velopment of nuclear weapons and bal­ office. gible. listic missiles by other nations. In the Mr. Speaker, if an employer should Mr. Speaker, I come from a hard­ 2 years since the Tiananmen Square jump through all the hoops so as to working middle-class family, and with­ massacre, China's MFN status clearly prove that his or her employment prac­ out this kind of assistance, I would has not brought about any i:rnprove­ tices, which may unintentionally have never have been able to get a college ment in its human rights situation. contributed to a disparate impact, education. The United States of America must meet the business necessity test and Mr. Speaker, this is just one more ex­ not write yet another blank check to are lawful employment practices still, ample of an administration totally un­ subsidize a ruthless leadership that re­ such lawful employment practices be­ sympathetic to the plight of America's fuses to implement human rights re­ come automatically unlawful employ­ middle class. It is sending a message forms. While the President understand­ ment practices, if only the complaining that says, in effect, middle-class Amer­ ably believes that a trade relationship party shows that there are other em­ icans are not a priority. Well, that is can help influence the direction of pol­ ployment practices he could have used the wrong message. It is time to tell icy in China, that influence will not that produce less disparate impact. these hard-working Americans, "We happen without conditions. We the Combine all of this with the fact that hear you.'' Congress have successfully attached the same statistical imbalances in the conditions on aid to a number of na­ work force will form the basis of a tions. Our sanctions against South Af­ count two allegation of intentional dis­ H.R. 1 TAKES A STRONG-ARM rica are beginning to bear fruit; the crimination with unlimited compen­ APPROACH lure of MFN status has brought forth a satory damages, plus punitive dam­ (Mr. IRELAND asked and was given reform of the Soviet Union's emigra­ ages, one can hardly blame an em­ permission to address the House for 1 tion law; and an aid package tied di­ ployer from overtly opting for employ­ minute and to revise and extend his re­ rectly to progress in National settle­ ment quotas, all of this in a place of marks.) ment negotiations has contributed to employment labor statute. Are we now Mr. IRELAND. Mr. Speaker, the pro­ the hoped-for resolution of a decade­ to insert these types of damages and ponents of H.R. 1 would have us believe long civil war in El Salvador. For these all these clauses in the National Labor that the only way to stand up for civil reasons, I am firmly convinced that the Relations Act, the Fair Labor Stand­ rights is to vote for the Democrat addition of restrictions on MFN status ards Act, and a host of other labor stat­ package when it comes to the floor of for China would provide a constructive utes? This is not a good piece of legis­ this House. They are asking us to aban­ and positive formula for our future re­ lation. It has not been reasoned. It is don the very real concerns of small lationship with China. the greatest oversell that I have seen business men and women across this More importantly, the United States in my 7 years here in Congress. country, concerns that are being raised would be adhering to the standard of not about the concept of civil rights moral leadership that is our bond to a but about the strong-arm approach New World. We have a responsibilty to PELL GRANTS AND THE MIDDLE that H.R. 1 takes to assuring those press China to improve its human CLASS rights and assuring that those rights rights policies even as we improve our (Ms. DELAURO asked and was given are protected. trade relationship. Our first loyalty permission to address the House for 1 Mr. Speaker, there is a better way. must be not to the leaders of China but minute and to revise and extend her re­ We can vote to protect the workers and to the people of China-and to the prin­ marks.) would-be workers in our districts from ciples that are the basis of a strong re­ Ms. DELAURO. Mr. Speaker, this being judged by the color of their skin, lationship with all nations. week the administration will submit to from being judged by the country of Congress a plan to eliminate Pell their birth, or whether they are male grants for about 400,000 students from or female, instead of how well they can THE 1991 CIVIL RIGHTS ACT middle income families. perform a job. At the same time we are PRODUCES QUOTAS This is just one more slap in the face doing that, we can vote to protect the (Mr. FAWELL asked and was given to millions of hard-working Americans. small employers in our district, em­ permission to address the House for 1 For many of these families, the grant ployers who would be trapped by the minute and to revise and extend his re­ program is the only way they can af­ Democrat proposal, trapped between il­ marks.) ford to give their kids a decent edu­ legal quotas and costly damage awards Mr. FAWELL. Mr. Speaker, the most cation without going broke. that could force them to close their recent version of the 1991 Civil Rights Now is the time, while American doors. Act is as arcane as ever and will families are struggling with a deep re­ How can we do this? The answer, my produce as many quotas as ever. There cession, to cut aid to families that are colleagues, is simple. We can vote for are many reasons for this, but I will forced to forgo essentials like health the Michel substitute, which will not mention two. care in order to pay for college. Some­ be vetoed by the President. First, in disparate impact; that is, thing is very wrong when Americans My colleagues, saying that one is for where employment practices uninten­ must choose between paying the doc­ small business is an easy thing to do. It tionally produce statistical dispropor­ tors' bills or sending their children to is how one votes that really counts. tions on the basis of race, religion, sex, college. or national origin. The new business Over the last 10 years, the cost of a necessity defenses employers have to college education has skyrocketed 135 DECISION IN RUST VERSUS meet are so difficult that in effect em­ percent. While income has stagnated SULLIVAN GAGS AMERICA ployers cannot even presume that aca­ for middle income families. This is not (Mrs. BOXER asked and was given demic achievements are valid hiring the time to eliminate another oppor­ permission to address the House for 1 criteria. Nor can employers even use tunity for the middle class. We should minute and to revise and extend her re­ subjective evidence in court to prove be strengthening their ability to make marks.) subjective hiring criteria, such as rat­ ends meet by providing tax relief and Mrs. BOXER. Mr. Speaker, if some­ ing employees on interviews or on the affordable health care and education. body told us that America, the land of basis of such commonsense criteria as Time and time again middle-class the brave and the home of the free, an applicant's leadership potential, Americans hear that they are not eligi­ gagged its people from telling the trustworthiness, ambition, and a host ble. Well, 1 year into this recession, the truth, we simply would not believe it. of other subjective but common sense struggling middle class cannot afford But our Supreme Court, in the Rust hiring criteria which Members of Con- to hear one more time and with in- versus Sullivan case, has done just 12894 CONGRESSIONAL RECORD-HOUSE May 30, 1991 that. The Court upheld the right of this murdered in all; thousands of others China. If our country cannot do this administration to stop heal th profes­ were brutally beaten by government much for freedom and democracy, what sionals from telling a woman her legal troops. do we stand for? To paraphrase the choices when she seeks health care. Since then, the Chinese Government Rabbi Hillel: "If not our country, who? They are gagging heal th profes­ has arrested almost 10,000 students and And if not now, when?" sionals from mentioning the word abor­ workers in Beijing alone. Twice as tion, even if the patient's life might be many have been detained elsewhere. At in danger. least 300 have been executed, including THE STEALTH QUOTA BILL This is a fight for freedom, freedom the student who made the evening (Ms. MOLINARI asked and was given to make a private, personal decision news as he stood alone in the path of permission to address the House for 1 and freedom of speech. government tanks. Human rights minute and to revise and extend her re­ I hope my colleagues will join me, as groups say many more have been se­ marks.) a cosponsor of the Wyden-Porter bill to cretly detained and executed. Ms. MOLINARI. Mr. Speaker, did you overturn the Rust case and the Federal What's the response of our adminis­ hear it? Did you see it? No, it is the Government Freedom of Speech Res­ tration? Our President granted China stealth quota bill, designed to evade toration Act, so that we can end the unconditional preferential trading sta­ detection by the American public. Now gagging of our people. This is America. tus last year and promises to do so the son of H.R. 1 outlaws quotas. again this year. Our President, who The same bill which now outlaws was so quick to document and condemn quotas still provides this hiring prac­ HEROES COME IN ALL SIZES the human rights abuses of the Iraqi tice. Mr. Speaker, you may not be able (Mrs. BENTLEY asked and was given invaders of Kuwai~and rightly so-­ to see the stealth quota bill, or hear it permission to address the House for 1 seems to regard the outcry about such coming, but you will sure know it when minute and to revise and extend her re­ abuses in China as an unwelcome dis­ it hits you. marks.) traction from his preferred China pol­ You see, once an employer is dragged Mrs. BENTLEY. Mr. Speaker, I rise icy. into court, he or she will still be put today to salute a brave little girl and This is an outrage. We cannot right into a posiiton to defend a statistical the heroic act she performed last Sat­ all the world's wrongs, but this is an imbalance in the company. As a busi­ urday night. Today's Baltimore Sun re­ instance where we have the means and ness owner, you can risk court, you can lates the story of 5-year-old Nicole must muster the will to do so. I urge risk being labeled discriminatory, or, Ferandes, a resident of Forest Hill in my colleagues to join me in cosponsor­ you can just avoid the whole problem my district who was brought face to ing Representative NANCY PELOSI's bill by hiring according to a quota. What face with a situation that many of us to set strict conditions on the renewal would you do? envision in our worst nightmares. Her of most-favored-nation status for Mr. Speaker, I am sure that my father, a diabetic, had gone into insulin China. Her bill blocks MFN status un­ Democratic colleagues are very well in­ 'shock and was unconscious. There was less China accounts for each and every tended, but they are still headed, I be­ precious little time to waste. Every citizen jailed in connection with lieve, in a very wrong direction with second meant the difference between Tiananmen Square, unless it allows regard to achieving civil and human life and death. human rights monitoring groups access rights for all. Apparently I am not In a moment when many of us might to prisoners, trials and places of deten­ alone in this thought either. That is have panicked, little Nicole, following tion, and unless it makes progress in why it has taken Congress so long to on the instruction she had received ending religious persecution in Tibet decide on this bill, and why there are from her parents for just such a crisis, and China. so many versions of the Democrats' picked up the phone and dialed 911. A vote against unconditional MFN civil rights bill right now. Thanks to the 5-year-old child's action trading status is a clear message from But, Mr. Speaker, the American and prompt emergency services as the Congress. It's a message to Beijing's public's radar detection is up this year, other end of 911, Mr. Ferandes, who leaders that they cannot massacre and they are not going to let this otherwise surely, might have died, can their students or round up thousands steal th fly. hold his little daughter in his arms. more for secret detentions and execu­ I urge Members to vote the Presi­ Everyone can learn lessons from ex­ tions and still conduct business as dent's civil rights bill, a bill that is periences like this one. One of the most usual with the free community of na­ good for all Americans. important is the need for parents to tions. We refuse to perpetuate the illu­ communicate to their children the im­ sion that by appeasing this government we can somehow bring them around to END GAG RULE ON FAMILY portance of understanding how to con­ PLANNING CLINICS tact the emergency services in their less repressive forms of behavior. communities. When the unthinkable We recognize the importance of im­ (Mrs. SCHROEDER asked and was becomes reality the value of this fam­ proved relations with China and given permission to address the House ily responsibility becomes immeas­ strengthened economic ties. But these for 1 minute and to revise and extend urable. cannot be purchased at the price of her remarks.) continuing repression and violence in Mrs. SCHROEDER. Mr. Speaker, one that country while we look the other of the great symbols of this country 0 1200 way. China needs these benefits as that everyone wants is the symbol of much or more than we do, so we have justice, the beautiful woman holding A RESPONSIBLE CHINA POLICY leverage to influence Chinese behavior the scales, with a flowing gown and (Mr. PRICE asked and was given per­ and power to shape the terms on which blindfold. Well, last week the Supreme mission to address the House for 1 China enters the civilized community Court let the blindfold slip right to the minute and to revise and extend his re­ of nations. end of the mouth. Therefore, we have marks.) We should never suppose, Mr. Speak­ now gagged anyone who works in a Mr. PRICE. Mr. Speaker, it has been er, that we are all-powerful, but it is family planning clinic, and they are almost 2 years since the world wit­ equally irresponsible not to use the not longer allowed to tell people about nessed the terrible massacre at power we have to advance the cause of their health options if they are preg­ Tiananmen Square. We all watched in democracy and human rights in our nant. horror as TV cameras showed hundreds international dealings. The Pelosi bill Mr. Speaker, that to me is positively of Chinese students gunned down in strikes the right balance, setting out amazing. I do not know how any clinic cold blood as they demonstrated for de­ tough, but achievable, conditions for can possibly stay open and remain safe mocracy. More than 1,000 students were extending this coveted trade status to from malpractice suits if they cannot May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12895 tell women about the full range of op­ Mr. Speaker, I happen to serve on the Mr. Speaker, I missed getting up yes­ tions. Committee on Education and Labor, terday, but today is the second day of Mr. Speaker, this is an incredible and we distinctly wrote into the bill the 89th year of Leslie Towns, known number of women. One out of four that there was no part of it that had to all of us as Bob Hope. women in America use publicly funded anything to do with quotas. A sub­ Bob Hope, over in the gulf entertain­ health care clinics, which now are stitute now has been written, not only ing our fighting men and women. What gagged. I hope all Members work very to make that perfectly clear, but, in a an incredible American. To think he is hard to turn this gag rule around and sense, to prohibit quotas. I believe in going to hit 90 soon. This is his 89th get the blindfold back up where it be­ many ways, the language goes too far. year, and he is still doing benefits, longs, where we treat everybody equal­ Mr. Speaker, what I am standing raising charity money, and even doing ly, and do not look out to see who they here in the well to protest is the fact commercials, showing us that life truly are. that the compromise bill retains a lan­ does not begin at 40, it begins some­ Mr. Speaker, we must get the blind­ guage which puts a cap on damages where around 70 or 75. fold out of the mouth, stop the gag that people can obtain from a court of Bob, you truly are an inspiration to rule, and support the Wyden bill, which law in front of a judge and jury, com­ all of us. God bless you. We will strike will be coming, I hope, to the floor very ing in and alleging discrimination on a new medal for you on your lOOth quickly. the job, winning a verdict that says it birthday. is intentional discrimination, and, today, without this bill, being able to PUERTO RICO ACCEPTS AMERICAN get very modest kinds of damages, such DOLLARS BUT REJECTS ENGLISH as reinstatement or back wages. CIVIL RIGHTS LANGUAGE Mr. Speaker, H.R. 1, as reported by (Mr. ZELIFF asked and was given (Mr. SCHULZE asked and was given my committee, would have allowed permission to address the House for 1 permission to address the House for 1 women in particular the first oppor­ minute and to revise and extend his re­ minute and to revise and extend his re­ tunity to have unlimited damages, marks.) marks.) whatever the court determined was fair Mr. ZELIFF. Mr. Speaker, I rise Mr. SCHULZE. Mr. Speaker, Puerto and just. This bill that is coming up for today in strong support of H.R. 1375, Rico recently passed a law eliminating consideration as a substitute on both the President's civil rights bill. As the English as one of its two official lan­ sides of the aisle contains a cap of only honest, balanced, and equitable guages. $150,000. proposal on the floor, this bill is clear­ This law not only rejects the English Mr. Speaker, how can that be fair ly committed to the ultimate goal of language, but is also a direct affront to and equitable? The bill is called the civil rights legislation-equality of op­ American ways and American tax­ Women's Equity in America Employ­ portunity. payers. ment Act, and yet it says women are Ironically, American taxpayers are The differences between the Presi­ not to be treated the same, that there dent's bill and H.R. 1 are so fundamen­ subsidizing numerous welfare programs are to be two levels, a dual justice sys­ for Puerto Ricans. In fact, even though tal that the proposal which is ulti­ tem in America. Can we not trust our mately adopted will define the direc­ Puerto Ricans do not pay Federal in­ courts and juries to be fair if there is a come taxes, they are still entitled to tion of civil rights for at least the next women plaintiff coming in and having decade. The key issue and turning receive an incrediable assortment of been found to have been intentionally Federal handouts-food assistance, jobs point of this debate concerns the ex­ discriminated against? tent to which this body believes in the programs, unemployment compensa­ Mr. Speaker, I hope that the Com­ tion, welfare, and Medicaid. ability and drive of the American peo­ mittee on Rules that will be meeting ple-especially members of minority These subsidies, combined with sec­ shortly will allow this question to be tion 936 tax breaks, cost American tax­ groups. If we have faith in the Amer­ debated by itself on the floor by the ican individual, then we will work to payers billions and billions of dollars Congress, and have a fair vote. each year. provide a more equitable distribution To show their gratitude, Governor of opportunity; if, on the other hand, Hernandez-Colon and his government we choose to treat the individual as in­ passed a law to tell America that Puer­ TRIBUTE TO BOB HOPE capable and disinterested in standing to Rico is sick and tired of American (Mr. DORNAN of California asked on his or her own merits, then we will influences. If the Governor truly wants and was given permission to address vote to implement divisive restrictions no part of the United States, then he the House for 1 minute and to revise that mandate an unfair system of should reject the billions of dollars and extend his remarks.) quotas. Americans give him as well. Mr. DORNAN of California. Mr. The President's proposal confirms Speaker, I rise today to pay tribute to our faith in the individual; it envisions a great American. He was born in Eng­ a system of competition, one in which DON'T CAP MONETARY AWARD IN land, Mr. Leslie Towns. We all know hard work, creativity, and imagination CIVIL RIGHTS CASES him by a different name. This body and rather than skin color, ethnic origin, (Mrs. MINK asked and was given per­ the other Chamber have already award­ or gender define the standards by mission to address the House for 1 ed him the Congressional Medal of which we succeed. The President's civil minute and to revise and extend her re­ Freedom. I do not know what else we rights package provides individuals marks.) can say about him, except to reflect on who are victims of institutional dis­ Mrs. MINK. Mr. Speaker, I under­ how he has extended all of our lives. crimination the tools to remedy such stand that in about an hour the Com­ Mr. Speaker, we have laying in trib­ abuse, without attaching the insulting m! ttee on Rules will be meeting to de­ ute in the rotunda one of only two Con­ stigma associated with quotas. H.R. 1, termine the nature and format of the gressmen to ever be afforded that however, would clearly result in quota debate that is to occur next week on honor, a great Congressman here, died hiring to avoid the expense and public the civil rights bill, H.R. 1. There has with his legislative boots on in his 88th scrutiny of unreasonable litigation. been extensive negotiations outside of year, the beloved Claude Pepper. Mr. Speaker, I urge my colleagues to the Congress, starting from last fall Ronald Reagan celebrated his 80th look carefully at both bills and decide with the business community and the birthday on February 6. He became our for themselves. I firmly believe that, civil rights leadership, on the problems Adenauer, our Churchill, showing us all for those who are motivated by a sin­ that have been propagandized as the how many productive years were ahead cere commitment toward equality of quota bill, quota provisions in the bill. of us. opportunity, the choice will be clear. 12896 CONGRESSIONAL RECORD-HOUSE May 30, 1991 RETROACTIVITY IS NOT FAIR REQUEST FOR PERMISSION FOR wounded; 45,619 of our Nation's finest (Mr. STEARNS asked and was given COMMITTEE ON FOREIGN AF­ men and women who never returned to permission to address the House for 1 FAIRS TO HAVE UNTIL MID­ their familes and their loved ones. minute.) NIGHT FRIDAY, MAY 31, 1991, TO Most importantly, there are more than Mr. STEARNS. Mr. Speaker, is it fair FILE SUNDRY REPORTS 8,744,000 veterans who served in the to pass a law in 1991 creating new em­ Mr. MCCLOSKEY. Mr. Speaker, I ask Vietnam conflict and were never wel­ ployment standards and then say that unanimous consent that the Commit­ comed home to receive the gratitude of employers who had never heard of tee on Foreign Affairs have until mid­ a thankful Nation. those standards until 1991 are guilty of night Friday, June 1, 1991, to file its re­ In Iraq, we fought a well-equipped, employment discrimination because ports on H.R. 1792, to authorize appro­ yet poorly trained army of conscripts their employment practices of 10, 15, or priations for international cooperation taken from their homes and families 20 years ago did not comport with programs for fiscal years 1992 and 1993 for a cause in which they did not be­ these newly created standards. It may and for other purposes; and on H.R. lieve. In Vietnam we fought for 9 years not be fair, and it may not be constitu­ 2474, the Arms Control and Disar­ against a foe which we could not see tional, but that's what H.R. 1 does. Em­ mament Amendments Act of 1991. for a cause in which we could not be­ ployers today must look ahead 20 The SPEAKER pro tempore (Mr. lieve. We had no patriot missiles and years, to the year 2011, guess what Con­ CHAPMAN). Is there objection to the re­ no smart bombs. And our soldiers in gress might do, and govern themselves quest of the gentleman from Indiana? Vietnam did not have the support of accordingly. Mr. RIGGS. Mr. Speaker, reserving the home front and never experienced And the so-called compromise does the right to object, I wonder if the gen­ even 1 day of parades or celebration. not fix the problem. The so-called com­ tleman from Indiana would withdraw Mr. Speaker, we turned our backs on promise even says that final judgments his request. the Vietnam veterans in 1973. I urge may be vacated and the case reopened my colleagues to join me to correct if justice requires. You may be certain this injustice and request the Desert that every plaintiffs lawyer is salivat­ DESERT STORM HOMECOMING Storm Homecoming Foundation to ing at the prospect of arguing that jus­ (Mr. MORAN asked and was given prominently honor Vietnam veterans tice, in the form of H.R. 1, requires permission to address the House for 1 in the celebrations on June 8. that closed cases be reopened and minute and to revise and extend his re­ relitigated. marks.) Mr. Mr. MORAN. Speaker, As you D 1220 know, President Bush has designated CALL FOR AN OPEN RULE ON June 8 as National Desert Storm CIVIL RIGHTS LEGISLATION THANK YOU FOR A JOB WELL Homecoming Day. For those troops DONE (Mr. RIGGS asked and was given per­ who served so bravely in the Middle mission to address the House for 1 East during the Persian Gulf crisis, the (Mr. SCHEUER asked and was given minute.) administration has created the Desert permission to address the House for 1 Mr. RIGGS. Mr. Speaker, as one Re­ Storm Homecoming Foundation and minute and to revise and extend his re­ publican who leans toward supporting organized a $3 million parade down marks.) a compromise civil rights bill, I have a Constitution Avenue. Mr. SCHEUER. Mr. Speaker, this message to the Rules Committee which This parade will consist of over 10,000 past weekend I was participating in a - convenes to continue its deliberations servicemen representing each of the parliamentary conference in Jerusa­ on the rule governing the upcoming de­ branches of the armed service and over lem, Israel, when, in an incredible bate on that legislation here very 100 fly-overs by the Air Force, Navy stroke of luck, I was privileged to wit­ shortly, upstairs. That is, give us an and Army planes and helicopters. On ness the State of Israel fulfilling once open rule which permits or makes in the Smithsonian mall, there will be an again its historic function of welcom­ order all amendments offered by either exposition of the material used in the ing strangers, welcoming Jews from the Republican or Democratic side. Persian Gulf war. and on the ellipse, around the world. In this case, it was It simply is inconceivable to me, there will be an all-American picnic for the airlifting of 14,500 Jews from Ethio­ given the importance and historic sig­ the troops. Throughout the day, there pia, Mr. Speaker, people who were flee­ nificance of this legislation, that we will be an entertainment gala hosted ing drought, famine, persecution, anti­ might be considering restrictive rules. by the USO, and finally, at sundown, semitism, and desperately hoping and Since 1957, the House has passed 15 the day of celebration will be capped striving to reach the State of Israel, major civil rights bills and 9 of these with a fireworks display at the Wash­ which they did as I was there. bills were considered under open rules. ington Monument. In the course of a very exciting expe­ That includes the three most impor­ Mr. Speaker, this celebration will be rience, a heart-warming experience, of tant ones, the Civil Rights Act of 1964, the grandest and most spectacular talking to these refugees, talking to the Voting Rights Act of 1965, and the homecoming we have seen since the the beautiful kids, we had the oppor­ Fair Housing Act of 1968. ticker-tape parades following World tunity to meet with the President of Let me tell the proponents of this War II. But for all of this abundance Israel, Chaim Herzog, with the Prime legislation that it is pure sophistry on and extravagance, this homecoming is Minister of Israel, Mr. Shamir, numer­ their part to suggest that those of us incomplete because it does not include ous cabinet officers, the Minister of De­ who are not members of the commit­ veterans of the Vietnam war. fense, Foreign Affairs Minister. tees which did the markup on this bill, Mr. Speaker, the veterans of the Per­ Mr. Speaker, the one thing about and who were not party to the behind­ sian Gulf war served proudly and which they were unanimous was the the-scenes negotiations for a com­ should be received with open arms, but wonderful, thoughtful, professional, promise are unable to comprehend the their service was no more honorable unstinting help that was given in plan­ complex legal issues swirling around and their actions no more courageous ning this enterprise and in prying loose this legislation. As we consider this than those who served a generation a consent from the chiefs of state, first legislation which deals with due proc­ earlier in the Vietnam war. the Mengistu regime, and then the ess, equality, and openness for all Mr. Speaker, the Persian Gulf war rebel regime, that was the result of Americans, particularly those under­ lasted 100 days. The Vietnam war American efforts, American initiative, represented in our work force, let us lasted 9 years. In the Persian Gulf war the initiative of the President picking have the same openness, the same due we lost 234 of our Nation's finest sons up the phone, I am told, and in calling process here on the floor of the House and daughters. In the Vietnam conflict, Mr. Mengistu and asking him person­ as we take up this d~bate. we lost 45,619 and suffered 302,393 ally to "let my people go." May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12897 I cannot give enough praise to Presi­ override President Reagan's veto on must indicate the practices within that dent Bush and Secretary Baker and the the Grove City case, voted to override business which are the basis for their many professionals in the State De­ President Reagan's veto on South Afri­ discrimination. partment who helped make this mas­ can sanctions, was very active in the sive magic-carpet ride to freedom a re­ writing of the bipartisan compromise 0 1230 ality. I think that without their inter­ in the last session on the Americans Is it the interview process? Is it the vention, it probably never would have With Disabilities Act, have advocated notice of potential employment? Is it happened. I am tipping my hat to for the fair housing amendments, have the testing process? What is it in that President Bush, Secretary Baker, the voted for the Voting Rights Act, a regard? large group of State Department pro­ number of those different civil rights Frankly, both bills also defined the fessionals who were involved in this op­ pieces of legislation which have passed per se violation of title VII by indicat­ eration and saying, "Thank you. Job this Congress·on a bipartisan basis. ing, if indeed an alternative measure is well done." Yet, that is not the issue here today offered and the business refuses to im­ and for the rest of this session. It is the plement that alternative employment civil rights bill of 1991, and let me tell practices as a means of eliminating THE CIVIL RIGHTS ACT OF 1991 the Members why this bill is here. discrimination, then that is, in es­ The SPEAKER pro tempore. Under a The bill is here because the Supreme sence, a per se violation of title VII, previous order of the House, the gen­ Court on a number of cases over recent and that business can be held account­ tleman from Wisconsin [Mr. GUNDER­ years has overturned a number of Fed­ able. SON] is recognized for 60 minutes. eral statutes and, interestingly Second, both the President's bill and Mr. GUNDERSON. Mr. Speaker, it is enough, both the President and the the Democratic bill overturn the Su­ no surprise to most people who watch Democrats in the Congress of the Unit­ preme Court ruling on Lorance which the special order process that I am not ed States support overturning many of deals with seniority systems. Third, one who usually takes the time to par­ those cases. the President and the Democratic bill, ticipate in special orders, but I think There are probably four to five areas H.R. 1, both overturn the Supreme today is a unique experience that de­ where these bills are very similar, and Court regarding Patterson. That is dis­ mands some clarification, some atten­ I think everyone ought to understand crimination in all aspects. Both the tion. what the President wants to do in President's bill and the Democratic bill It is now 12:20 in the afternoon. Con­ terms of civil rights. allow the recovery of expert witness gress has completed its work not only When you talk about the major case, fees. for the day but for the week, and you the Wards Cove case, which deals with So there are five different areas, all might be a bit surprised at why that disparate impact, and disparate im­ Wards Cove, Lorance, Patterson, dam­ is the case. That is a legitimate ques­ pact, ladies and gentlemen, is if your ages for sexual harassment, and expert tion. work force is not representative of the witness fees where the President's bill We ought to be in session this after­ numerical breakdown by race, color, et takes big, big steps in the areas of civil noon, we ought to be in session tomor­ cetera, of your community, there is the rights and overturning present Su­ row, and we ought to be in session potential for filing a discrimination preme Court cases. doing what was originally on the cal­ case against you. Now, if there is that much similarity, endar for this week, which was the Let me give you an example. I come we have to ask the question then, why Civil Rights Act of 1991. from western Wisconsin. The biggest, the fight? Why the dispute that is ex­ I deeply regret that partisan politics or one of the biggest, cities in my dis­ isting today? We need to get on with has prevailed over a bipartisan com­ trict, La Crosse, WI, happens to have, I that because we need to make sure mitment to passing and having signed believe, a 5-percent Hmong population. that all persons in America understand into law civil rights legislation. So the What that would mean is that every the issue at hand. That issue at hand real question that this Congress is employer in La Crosse, WI, must have is, do we want civil rights or do we going to have to decide if not this a 5-percent Hmong population not only want attorney's rights, because the dif­ week, next week, if not next week, in in the work force but at every level of ference that the President's bill main­ the weeks and months to come, is their work force. Otherwise, they run tains the basis for resolving civil rights whether we are committed to civil the risk of being subject to what is disputes that have been in effect since rights or are we committed to lawyers' known as a disparate impact case. title VII was enacted in 1964, the whole rights. The President supports using dispar­ concept of reconciliation and make Because that, for all practical pur­ ate impact as a basis for judging whole. poses, is the major hangup between the whether or not discrimination occurs. The alternative, in H.R. 1, suggests President's position on civil rights and Where the difference occurs, however, that rather than conciliation we must that which is being advocated by the is that the President defines business have confrontation, and rather than leadership here in the House of Rep-. necessity the way it was defined before making whole, by restoring a person to resentatives. the Supreme Court overturned Federal their proper position and providing the I had a unique experience a few statutes known as the Griggs case. The back pay they should have received, weeks back of speaking to the Madison, President simply restores the Griggs that what we are going to do, we are WI, NAACP, and since then have spo­ language. going to have jury trials, punitive and ken to a number of other groups, mi­ The debate here in the House of Rep­ compensatory damages. I do not have nority groups, who have invited me to resentatives is whether you are going to tell any person in this country what come to speak to them on behalf of the to restore the Griggs language or you that means. However, I ask the ques­ President's position on civil rights. It are going to try to redefine the Griggs tion, if people believe that present is an invitation that, if I can work it language as the Democrats do in their process for resolving civil rights dis­ into the schedule, I try to accept, be­ particular bill. putes is not adequate, what makes citi­ cause I think probably the best kept In terms of defining business neces­ zens believe that going to litigation in secret in this town and the best kept sity, the President overturns the a court of law will somehow expedite secret in this country is the Presi­ present Supreme Court rulings. In that process? The fact is, the very dent's commitment to civil rights and terms of shifting the burden of proof major case under which. the whole civil the merits of the legislation which he from the employee to the employer, rights dispute is being debated today, has advocated. the President overturns the Supreme H.R. 1, Wards Cove, that case was filed I come to this table personally as one Court. In terms of grouping of prac­ 16 years ago. who apologizes to no one for my posi­ tices, the President overturns the Su­ I ask, are any of those victims given tion on civil rights. I have voted to preme Court and requires that you proper injustice, still awaiting the liti- 12898 CONGRESSIONAL RECORD-HOUSE May 30, 1991 gation of their particular case in the for that. We are all for eliminating dis­ because some victim has the money to courts? Something very interesting crimination in our society. What we go out and hire a good lawyer on a fee happened this past week which I think are trying to do is to find a way to basis. What they do is they hire them really puts this in perspective, and eliminate discrimination without open­ on a contingency fee basis, which says, puts it in perspective on a bipartisan ing up a whole new series of litigation. "I will hire you and you will receive 40 basis. I would like to insert for your If we look at the history of litigation percent of the award, whatever the consideration the statement by Gov. in this area for punitive and compen­ award is by the jury." Lawton Chiles, former Democratic satory damages in the State of Califor­ What this language says is that the Senator from the State of Florida, now nia, we will find that the number of victim cannot resolve the case. If that a Governor, on the veto last week of cases filed has increased substantially, attorney says, "Oh, no, I got you now. Senate bill 174, passed by the Florida and we will find that the punitive and I want to take this case all the way to Legislature. Here is his public state­ compensatory damages run usually trial and all the way to the jury and I ment: someplace between $3 and $600,000. want to get the largest monetary dam­ My decision to veto Senate bill 174 is based Now, put yourself in the perspective age I can.'' upon reality, not perception. The reality is of any small business in America be­ Why? To provide proper payment and that this is a bad bill. It is vague. It is im­ cause title VII of the civil rights law award to the victim? No; so that they precise. The perception is that this bill will affects anyone with over 15 employees. can raise the amount of money they re­ reduce discrimination and improve civil So if a business owner has 20 employees ceive because it is under a contingency rights in Florida. Again, I underscore the re­ in their business in small-town Amer­ fee basis. ality is that this bill will not improve the system to stop unlawful discrimination. ica, they now under this legislation So, Mr. Speaker, I regret that Con­ After hours of review, after reading and would have to literally consider the gress is not in session this afternoon. I hearing the people's valid concerns in the breakdown ethnically, racially, and regret that we are not passing a bipar­ bill, I have decided I will leave the margin in genderwise in their community and tisan civil rights bill. I have spoken to the next session in a law that will genuinely construct a work force to reflect that, the Democratic majority leader indi­ protect those in our States that are wrong­ or they would be liable for discrimina­ cating the interest on our side to nego­ fully discriminated against, that this bill tion in punitive and compensatory tiate a bipartisan civil rights bill the would only give lawyers pleading discrimina­ damages. same way we negotiated a bipartisan tion cases, and further clog an already sti­ To show that this is a lawyers' rights Americans With Disabilities Act in the fled justice system. I want a system that provides timely and effective remedies for rather than a civil rights bill, I want to last session. I have spoken and I know those Floridians who have experienced and bring to everyone's attention what I the Republican whip has spoken to the suffered injustices. believe is the most onerous part of H.R. Democratic majority leader indicating 1 and the substitute that is now being that he, too, would like bipartisan ne­ Let me go on and read from his offi­ circulated. In the substitute known as gotiations, and I believe the Repub­ cial statement to the Secretary of the section 107 which is what it says, and I lican leader has also voiced that mes­ Senate where he says, and again I sage. quote: will read it: (2) No waiver of all or substantially all of Therefore, it is essential that if this The greatest threat to the civil rights re­ an attorney's fee shall be compelled as a con­ Congress wants to sign into law civil form movement are laws that mislead the dition of a settlement of a claim under this rights legislation, we need to stop, public by raising their expectations only to title except that nothing in this section shall discover that the greatest beneficiaries are take a deep breath, set aside the par­ be construed to limit the right to negotiate tisan polizarization that has occurred the lawyers who are involved in the process. a settlement in which an attorney's fee is He goes on: voluntarily waived in whole or in part. unfortunately on both sides of this aisle and recognize it is time that we It seems to me that before we set in mo­ Think of that for just a second. There give up civil rights as an issue and tion numerous lawsuits and jury trials with are those who legitimately, honorably unlimited exposure and punitive damages start pushing civil rights as a law, sit contend today that present resolution down and negotiate a bipartisan bill and attorney fees, we should know exactly of civil rights courts, civil rights dis­ which statutes give rise to such a claim, and that helps the victim, that overturns in what impact the bill will have on deter­ crimination, is not adequate, and that the Supreme Court cases and make ring unlawful discrimination. we need to expand the remedies in order to achieve full and adequate en­ sure that the Civil Rights Act of 1991 is Ladies and gentlemen, I have said forcement. I do not totally agree with indeed a civil rights act, not a lawyer's many times and in many places that that, but that is a legitimate case to rights act. H.R. 1 does not mandate quotas. But it make. The problem is that this section does result in quotas because no busi­ says it is not the victim who even has IN RECOGNITION OF THE 50TH AN­ ness in this country will consider any­ the power to determine their own thing but quotas as a means of bal­ NIVERSARY OF THE 756TH TANK course, but it becomes the plaintiff's BATTALION, WORLD WAR II ancing their work force at all levels to attorney, because once that case is accurately and totally reflect the filed and the employee and the em­ The SPEAKER pro tempore. Under a breakdown of their community, eth­ ployer go into negotiations, resolve previous order of the House, the gentle­ nically, racially, genderwise, et cetera, that case out of court, and want to woman from Maryland [Mrs. MORELLA] as a definitive measure. . enter into a consent decree to resolve is recognized for 60 minutes. The President's bill puts the burden that particular element of litigation, Mrs. MORELLA. Mr. Speaker, I rise today in of proof on the business-not the em­ they cannot do it under this section recognition of the 50th anniversary of the ployee, but the business-to prove busi­ unless a lawyer voluntarily agrees. Is 756th Tank Battalion which was activated on ness necessity. What the President's that what we want in America in 1991, June 1, 1941, at Ft. Lewis, WA. bill does not do, however, is say that a in the name of civil rights? The 756th was mobilized with only 5 Regu­ business must prove in every case busi­ lar Army officers and approximately 50 Regu­ ness necessity, or the failure to do that D 1240 lar Army enlisted men. The remainder of the will result in a jury trial, jury award This will turn all civil rights law and battalion-whose authorized strength was for pain and suffering. all civil rights enforcement over to 80(}-included approximately 35 Reserve offi­ I doubt there is a person listening, trial lawyers who will then make the cers and 730 enlisted men who were volun­ that if they were on a jury and a case determination of what cases will be teers and draftees from 43 States. The aver­ of discrimination were filed, that they filed and when and if that case will age age of these men, when they were sent were able to hear as a member of that ever be resolved in or out of court. overseas for the invasion of North Africa, was jury in 1991, that they would not im­ Now, most of you who are aware of 22. properly, would not be automatically trials under this section are also well The battalion was engaged in combat al­ sympathetic to the victim. We are all aware that the way it happens is not most continuously for 26 of the 32 months that May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12899 it was overseas-from October 1942 until the RULES OF THE COMMITI'EE ON ST.A.~DARDS OF the Committee or who is the subject of a end of World War II in May 1945. The 756th OFFICIAL CONDUCT, HOUSE OF REPRESENTA­ Preliminary Inquiry or a Statement of Al­ fought in North Africa, Italy, France, Germany, TIVES, 102D CONGRESS leged Violation. FOREWORD (i) "Sanction Hearing" means a Committee and Austria, amassing six campaign streamers hearing to determine what sanction, if any, to their colors. It was attached to one of the The Committee on Standards of Official Conduct is unique in the House of Represent­ to recommend to the House of Representa­ finest divisions in the U.S. Army-the U.S. 3d atives. Consistent with the duty to carry out tives. Infantry Division-for most of their operations. its advisory and enforcement responsibilities (j) "Statement of Alleged Violation" The other attachments for combat operations in an impartial manner, the Committee is means a formal charging document filed by the only standing committee of the House of an investigative subcommittee with the included the 36th, 45th, 85th, 88th, and 103d Committee containing specific allegations of United States Division and the French 2d Ar­ Representatives the membership of which is divided evenly by party. These rules are in­ a violation of the Code of Official Conduct, mored Division. tended to provide a fair procedural frame­ or of a law, rule, regulation, or other stand­ The 756th's mission was to engage and de­ work for the conduct of the Committee's ac­ ard of conduct by Members, officers, or em­ stroy the enemy and to liberate occupied terri­ tivities and to help insure that the Commit­ ployees of the House of Representatives ap­ tee serves well the people of the United plicable to the performance of their duties or tory. The battalion accounted for thousands of the discharge of their responsibilities. enemy casualties and itself suffered 640 cas­ States, the House of Representatives, and the Members, officers, and employees of the Rule 3. Advisory opinions and waivers ualties. Of these, 111 were killed, the remain­ House of Representatives. (a) There is established within the Com­ der were wounded, missing in action, or be­ PART I-GENERAL COMMITI'EE RULES mittee an Office of Advice and Education. came prisoners of war. The authorized officer Rule 1. General provisions The Office shall handle inquiries; prepare strength was 40; of these officers, 14 were written opinions providing specific advice; (a) So far as applicable, these rules and the develop general guidance; and organize semi­ killed, 17 were wounded, 3 were missing in Rules of the House of Representatives shall action, and 2 became prisoners of war. Sev­ nars, workshops, and briefings for the benefit be the rules of the Committee and any sub­ of the House of Representatives. enteen noncommissioned officers were pro­ committee. The Committee adopts these (b) Any Member, officer, or employee of moted to second lieutenants on the battlefield. rules under the authority of clause 2(a) of the House of Representatives, or any other The 34th Division and this battalion ham­ Rule XI of the Rules of the House of Rep­ person specifically authorized by law, may resentatives, 102d Congress. request a written opinion with respect to the mered on Cassino, the gate to the Lira Valley, (b) The rules of the Committee may be for more than 30 days. The 756th was award­ propriety of any current or proposed conduct modified, amended, or repealed by a vote of of such Member, officer, employee, or person. ed the United States Presidential Citation and a majority of the Committee. (c) The Office of Advice and Education may the French Croix de Guerre. Many members (c) When the interests of justice so require, provide information and guidance regarding of the battalion were decorated, including two the Committee, by a majority vote of its laws, rules, regulations, and other standards members, may adopt any special procedures, of conduct applicable to Members, officers, who received the Congressional Medals of not inconsistent with these rules, deemed Honor. and employees in the performance of their necessary to resolve a particular matter be­ duties or the discharge of their responsibil­ The battalion was the first wave to hit the fore it. Copies of such special procedures ities. beaches of southern France, using DD tanks shall be furnished to all parties in the mat­ (d) In general, the Committee shall provide that floated in water. From D-day in southern ter. a written opinion to an individual only in re­ France on August 15, 1944, until the end of Rule 2. Definitions sponse to a written request. the war on May 8, 1945, the battalion was (a) "Adjudicatory Subcommittee" means a (e) Unless specifically authorized by law or continuously in combat action except for one subcommittee of the Committee, comprised resolution of the House of Representatives, of those Committee members not on the in­ written opinions may be provided only to 10-day period after the devastating Colmar vestigative subcommittee, that holds a dis­ Members, officers, and employees of the Pocket battle. After Colmar, the battalion, at­ ciplinary hearing and determines whether House of Representatives. Other individuals tached to the 3d Infantry Division, participated the counts in a Statement of Alleged Viola­ may be provided with general information in the successful siege of the Sigfried Line tion are proved by clear and convincing evi­ regarding rules or laws, such as citations to and the capture of Nuremberg, Munich, and dence. relevant texts of publicly available docu­ Berchtesgaden. It was stationed in Salzburg, (b) "Committee" means the Committee on ments. Standards of Official Conduct. (f) A written request for an opinion shall Austria,· at the end of World War II. The battal­ (c) "Complaint" means a written allega­ be addressed to the Chairman of the Commit­ ion traveled approximately 5,000 miles-from tion of improper conduct against a Member, tee and shall include a complete and accu­ Casablanca to Salzburg. officer, or employee of the House of Rep­ rate statement of the relevant facts. A re­ In the opinion of knowledgeable military offi­ resentatives filed with the Committee with quest shall be signed by the requester or the cers, the 756th was one of, if not the out­ the intent to initiate a Preliminary Inquiry. requester's authorized representative or em­ (d) "Disciplinary Hearing" means an adju­ ploying authority. A representative shall standing separate tank battalion in the U.S. dicatory subcommittee hearing held for the disclose to the Committee the identity of the Army during World War II. purposes of receiving evidence regarding con­ principal on whose behalf advice is being The 765th tank monument will be put in the duct alleged in a Statement of Alleged Viola­ sought. Fort Knox Museum on September 21 this tion and determining whether the counts in (g) A written opinion shall address the con­ year. I congratulate all the brave men who the Statement of Alleged Violation have duct only of the inquiring individual, or of were part of the 765th and recognize the great been proved by clear and convincing evi­ persons for whom the inquiring individual is dence. responsible as employing authority. sacrifices which they and their families have (e) "Investigative Subcommittee" means a (h) The Office of Advice and Education made over the decades. subcommittee designated pursuant to Rule 6 shall prepare for the Committee a response to conduct a Preliminary Inquiry to deter­ to each written request for an opinion. Each mine if a Statement of Alleged Violation response shall discuss all applicable laws, should be issued. rules, regulations, or other standards. RULES OF THE COMMITTEE ON (f) "Office of Advice and Education" refers (1) Where a request is unclear or incom­ STANDARDS OF OFFICIAL CON­ to the Office established by section 803(i) of plete, the Office of Advice and Educatic;m DUCT FOR THE 92D CONGRESS the Ethics Reform Act of 1989. The Office may seek additional information from the shall handle inquiries; prepare written opin­ requester. (Mr. STOKES asked and was given ions in response to specific requests; develop (j) The Chairman and Ranking Minority permission to extend his remarks at general guidance; and organize seminars, Member are authorized to take action on be­ this point in the RECORD and to include workshops, and briefings for the benefit of half of the Committee on any proposed writ­ extraneous matter.) the House of Representatives. ten opinion that they determine does not re­ Mr. STOKES. Mr. Speaker, I submit the (g) "Preliminary Inquiry" means an inves­ quire consideration by the Committee. tigation by an investigative subcommittee (k) The Committee shall keep confidential Rules of the Committee on Standards of Offi­ into allegations against a Member, officer, any request for advice, as well as any re­ cial Conduct, which were adopted by the com­ or employee of the House of Representatives. sponse thereto. mittee on May 22, 1991, for printing in the (h) "Respondent" means a Member, officer, (1) The Committee may take no adverse ac­ RECORD, as follows: or employee of the House of Representatives tion in regard to any conduct which has been who is the subject of a complaint filed with undertaken in reliance on a written opinion 12900 CONGRESSIONAL RECORD-HOUSE May 30, 1991 if the conduct conforms to the specific facts quests that the fee be waived based on ex­ son to believe that an individual has will­ addressed in the opinion. traordinary circumstances. fully failed to file a Statement or has will­ (m) Information provided to the Commit­ (f) Any late report that is submitted with­ fully falsified or willfully failed to file infor­ tee by a Member, officer, or employee seek­ out a required filing fee shall be deemed pro­ mation required to be reported, then the ing advice regarding prospective conduct cedurally deficient and not properly filed. Committee shall refer the name of the indi­ may not be used as the basis for initiating an (g) The Chairman and Ranking Minority vidual, together with the evidence support­ investigation under clause 4(e)(l)(B) of Rule Member are authorized to approve requests ing its finding, to the Attorney General pur­ X of the Rules of the House of Representa­ for waivers of the aggregation and reporting suant to section 104(b) of the Ethics in Gov­ tives, if such Member, officer, or employee of gifts as provided by section 102(a)(2)(D) of ernment Act. Such referral shall not pre­ acts in good faith in accordance with the the Ethics in Government Act. If such a re­ clude the Committee from initiating such written advice of the Committee. quest is approved, both the incoming request other action as may be authorized by other (n) A written request for a waiver of House and the Committee response shall be for­ provisions of law or the Rules of the House of Rule XLIIl, clause 4 (the House gift rule), or warded to the Office of Records and Registra­ Representatives. for any other waiver or approval, shall be tion for placement on the public record. Rule 5. Meetings treated in all respects like any other request (h) The Chairman and Ranking Minority (a) The regular meeting day of the Com­ for a written opinion. Member are authorized to approve blind mittee shall be the second Wednesday of (o) A written request for a waiver of House trusts as qualifying under section 102(f)(3) of each month, except when the House of Rep­ Rule XLill, clause 4 (the House gift rule), the Ethics in Government Act. The cor­ resentatives is not meeting on that day. shall specify the nature of the waiver being respondence relating to formal approval of a When the Committee Chairman determines sought and the specific circumstances justi­ blind trust, the trust document, the list of that there is sufficient reason, a meeting fying the waiver. assets transferred to the trust, and any other may be called on additional days. A regu­ (p) An employee seeking a waiver of time documents required by law to be made pub­ larly scheduled meeting need not be held limits applicable to fact-finding or substan­ lic, shall be forwarded to the Office of when the Chairman determines there is not tial participation travel shall include with Records and Registration for such purpose. business to be considered. the request evidence that the employing au­ (i) The Committee shall designate staff (b) A subcommittee shall meet at the dis­ thority is aware of the request. In any other counsel who shall review Financial Disclo­ cretion of its chairman. instance where proposed employee conduct sure Statements and, based upon informa­ tion contained therein, indicate in a form (c) Insofar as practicable, notice for any may reflect on the performance of official Committee or subcommittee meeting shall duties, the Committee may require that the and manner prescribed by the Committee whether the Statement appears substan­ be provided at least seven days in advance of requester submit evidence that the employ­ the meeting. The Chairman of the Commit­ ing authority knows of the conduct. tially accurate and complete and the filer appears to be in compliance with applicable tee or subcommittee may waive such time Rule 4. Financial disclosure laws and rules. period for good cause. (a) In matters relating to Title I of the (j) Each Financial Disclosure Statement Rule 6. Subcommittees-General policy and Ethics in Government Act of 1978, the Com­ shall be reviewed within sixty (60) days after structure mittee shall coordinate with the Clerk of the the date of filing. (a) If the Committee determines by major­ House of Representatives, Office of Records (k) If the reviewing counsel believes that ity vote of its members that allegations of and Registration, to assure that appropriate additional information is required because improper conduct (brought to its attention individuals are notified of their obligation to (1) the Statement appears not substantially by a complaint or otherwise) by a Member, file Financial Disclosure Statements and accurate or complete or (2) the filer may not officer, or employee merit further inquiry, that such individuals are provided in a time­ be in compliance with applicable laws or the Chairman and Ranking Minority Member ly fashion with filing instructions and forms rules, then the reviewing individual shall no­ of the Committee shall designate four or six developed by the Committee. tify the Chairman and Ranking Minor! ty members (with equal representation from (b) The Committee shall coordinate with Member. If the Chairman and Ranking Mi­ the majority and minority parties) to serve the Office of Records and Registration to as­ nority Member concur with the reviewer's as an investigative subcommittee to under­ sure that information that the Ethics in opinion, then the reporting individual shall take a Preliminary Inquiry. The senior ma­ Government Act requires to be placed on the be notified in writing of the additional infor­ jority and minority members of an investiga­ public record is made public. mation believed to be required, or of the law tive subcommittee shall serve as the chair­ (c) The Chairman and Ranking Minority or rule with which the reporting individual man and ranking minority member of the Member are authorized to grant on behalf of does not appear to be in compliance. Such subcommittee. The Chairman and Ranking the Committee requests for reasonable ex­ notice shall also state the time within which Minority Member of the Committee may tensions of time for the filing of Financial a response is to be submitted. Any such no­ serve only as nonvoting, ex officio members Disclosure Statements. Any such request tice shall remain confidential. of any investigative subcommittee. must be received by the Committee no later (1) Within the time specified, including any (b) If an investigative subcommittee, by a than the date on which the statement in extension granted in accordance with clause majority vote of its members, adopts a question is due. Such extensions for one indi­ (c), a reporting individual who concurs with Statement of Alleged Violation, the remain­ vidual in a calendar year shall not exceed a the Committee's notification that the State­ ing members of the Committee shall com­ total of ninety (90) days. No extension shall ment is not complete, or that other action is prise an adjudicatory subcommittee to hold be granted authorizing a nonincumbent can­ required, shall submit the necessary infor­ a Disciplinary Hearing under Committee mation or take appropriate action. Any Rule 19 on the violations alleged in the didate to file a statement later than 30 days amendment may be in the form of a revised prior to a primary or general election in Statement. Financial Disclosure Statement or an ex­ (c) The Committee may establish other which the candidate is participating. planatory letter addressed to the Clerk of (d) An individual who takes legally suffi­ non-investigative and non-adjudicatory sub­ the House of Representatives. committees and may assign to them such cient action to withdraw as a candidate be­ (m) Any amendment shall be placed on the fore the date on which that individual's Fi­ functions as it may deem appropriate. The public record in the same manner as other membership of each subcommittee shall pro­ nancial Disclosure Statement is due under Statements. The individual designated by the Ethics in Government Act shall not be vide equal representation for the majority the Committee to review the original State­ and minority parties. required to file a Statement. An individual ment shall review any amendment thereto. shall not be excused from filing a Financial (d) The Chairman may refer any bill, reso­ (n) Within the time specified, including lution, or other matter before the Commit­ Disclosure Statement when withdrawal as a any extension granted in accordance with candidate occurs after the date on which tee to an appropriate subcommittee for con­ clause (c), a reporting individual who does sideration. Any such bill, resolution, or such Statement was due. not agree with the Committee that the (e) Any individual who files a report re­ other matter may be discharged from the Statement is deficient or that other action is subcommittee to which it was referred by a quired to be filed under title I of the Ethics required, shall be provided an opportunity to in Government Act more than 30 days after majority vote of the Committee. respond, orally or in writing. If the expla­ (e) Any member of the Committee may sit the later of- nation is accepted, a copy of the response, if (1) the date such report is required to be written, or a note summarizing an oral re­ with any noninvestigati'le or filed; or sponse, shall be retained in Committee files nonadjudicatory subcommittee, but only (2) if a filing extension is granted to such with the original report. regular members of such subcommittee may individual, the last day of the filing exten­ (o) The Committee shall be the final arbi­ vote on any matter before that subcommit­ sion period, ter of whether any Statement needs clari­ tee. is required by such Act to pay a late filing fication or amendment. Rule 7. Quorums and member disqualification fee of $200. The Chairman and Ranking Mi­ (p) If the Committee determines, by vote of (a) The quorum for an investigative sub­ nority Member are authorized to approve re- a majority of its members, that there is rea- committee to take testimony and to receive May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12901 evidence shall be two members, unless other­ tee's investigative, adjudicatory or other utive Committee of the Radio and Television wise authorized by the House of Representa­ proceedings, including, but not limited to: (i) Correspondents' Galleries. tives. the fact of or nature of any complaints; (ii) (d) Television cameras shall be placed so as (b) The quorum for an adjudicatory sub­ executive session proceedings; (iii) informa­ not to obstruct in any way the space between committee to take testimony, receive evi­ tion pertaining to or copies of any Commit­ any witness giving evidence or testimony dence, and conduct business shall consist of tee or subcommittee report, study, or other and any member of the Committee or the a majority plus one of the members of the document which purports to express the visibility of that witness and that member to adjudicatory subcommittee. views, findings, conclusions, or recommenda­ each other. (c) Except as stated in clauses (a) and (b) of tions of the Committee or subcommittee in (e) Television cameras shall not be placed this rule, a quorum for the purpose of con­ connection with any of its activities or pro­ in positions that unnecessarily obstruct the ducting business consists of a majority of ceedings; or (iv) any other information or al­ coverage of the hearing or meeting by the the members of the Committee or sub­ legation respecting the conduct of a Member, other media. committee. officer, or employee. PART II-INVESTIGATIVE AUTHORITY (d) A member of the Committee shall be in­ (c) The Committee shall not disclose to Rule 12. House resolution eligible to participate in any Committee or any person or organization outside the Com­ Whenever the House of Representatives, by subcommittee proceeding that relates to the mittee any information concerning the con­ member's own conduct. resolution, authorizes the Committee to un­ duct of a Member, officer, or employee of the dertake an inquiry or investigation, the pro­ (f) A member of the Committee may dis­ House of Representatives until it has trans­ qualify himself or herself from participating visions of the resolution, in conjunction with mitted a Statement of Alleged Violation these Rules, shall govern. To the extent the in any investigation of the conduct of a under Rule 17 of the Committee rules, to Member, officer, or employee of the House of provisions of the resolution differ from these such Member, officer, or employee and the Rules, the resolution shall control. Representatives upon the submission in writ­ Member, officer, or employee has been given ing and under oath of an affidavit of dis­ Rule 13. Committee authority to investigate­ full opportunity to respond pursuant to Rule General policy qualification stating that the member can­ 18. The Statement of Alleged Violation and not render an impartial and unbiased deci­ any written response thereto shall be made Pursuant to clause 4(e)(2)(B) of Rule X of sion. If the Committee approves and accepts public at the first meeting or hearing on the the Rules of the House of Representatives, such affidavit of disqualification, or if a matter that is open to the public after such the Committee may exercise its investiga­ member is disqualified pursuant to Rule opportunity has been provided. Any other tive authority when- 15(h) or Rule 19(a), the Chairman shall so no­ materials in the possession of the Committee (a) a complaint by a Member of the House tify the Speaker and request the Speaker to regarding such statement may be made pub­ of Representatives is transmitted directly to designate a Member of the House of Rep­ lic as authorized by the Committee to the the Committee; resentatives from the same political party as extent consistent with the Rules of the (b) a complaint by an individual not a the disqualifying member of the Comm! ttee Member of the House of Representatives is House of Representatives. transmitted through a Member who agrees, to act as a member of the Committee in any (d) If no public hearing or meeting is held Committee proceeding relating to such in­ on the matter, the Statement and any writ­ in writing, to submit it for the purpose of re­ vestigation. ten response thereto shall be included in the questing an investigation; Rule 8. Vote requirements (c) a complaint by an individual not a Committee's final report to the House of Member of the House of Representatives is (a) The following actions shall be taken Representatives. (e) All communications and all pleadings submitted to the Committee after three only upon affirmative vote of a majority of Members of the House of Representatives the members of the Committee or sub­ pursuant to these rules shall be filed with have refused, in writing, to transmit the committee, as appropriate: the Committee at the Committee's office or complaint to the Committee for the purpose (1) Adoption of a resolution to conduct a such other place as designated by the Com­ of requesting an investigation; Preliminary Inquiry; mittee. (d) the Committee, on its own initiative, (2) Adoption of a Statement of Alleged Vio­ (f) All records of the Committee which determines that a matter warrants inquiry; lation; have been delivered to the Archivist of the (e) a Member, officer, or employee is con­ (3) Finding that a count in a Statement of United States shall be made available to the public in accordance with Rule XXXVI of the victed in a Federal, State, or local court of Alleged Violation has been proved by clear a criminal offense for which a sentence of and convincing evidence; Rules of the House of Representatives. one or more years' imprisonment may be im­ (4) Sending of a letter of reproval; Rule 11. Broadcasts of committee and posed; or (5) Adoption of a recommendation to the (f) the House of Representatives, by resolu­ House of Representatives that a sanction be subcommittee proceedings Whenever any hearing or meeting by the tion, authorizes the Committee to undertake imposed: an investigation. (6) Adoption of a report relating to the Committee or a subcommittee is open to the conduct of a Member, officer, or employee; public, the Committee or subcommittee Rule 14. Complaints (7) Issuance of an advisory opinion of gen­ may, by a majority vote, permit coverage, in (a) A complaint submitted to the Commit­ eral applicability establishing new policy. whole or in part, by television broadcast, tee shall be in writing, under oath and dated, (b) Except as stated in clause (a), action radio broadcast, and still photography, or by setting forth in simple, concise, and direct may be taken by the Committee or any sub­ any such methods of coverage, under the fol­ statements- committee thereof by a simple majority, a lowing rules: (!)the name and legal address of the party quorum being present. (a) If television or radio presents live cov­ filing the complaint (hereafter referred to as Rule 9. Communications by committee members erage of the hearing or meeting to the pub­ the "complainant"); and staff lic, it shall be without commercial sponsor­ (2) the name and position or title of the re­ ship. spondent; Committee members and staff shall not (b) No witness shall be required against his (3) the nature of the alleged violation of disclose any evidence relating to an inves­ or her will to be photographed or otherwise the Code of Official Conduct or of other law, tigation to any person or organization out­ to have a graphic reproduction of his or her rule, regulation, or other standard of con­ side the Committee unless authorized by the image made at any hearing or to give evi­ duct applicable to the performance of duties Committee, nor shall any evidence in the dence or testimony while the broadcasting of or discharge of responsibilities; and possession of an investigative subcommittee that hearing, by radio or television, is being (4) the facts alleged to give rise to the vio­ be disclosed to Committee members who are conducted. At the request of any witness all lation. The complaint shall not contain in­ not members of the subcommittee prior to media microphones shall be turned off, all nuendo, speculative assertions, or conclusory the filing of a Statement of Alleged Viola­ television and camera lenses shall be cov­ statements. tion with the Committee. ered, and the making of a graphic reproduc­ (b) Any documents in the possession of the Rule 10. Committee records tion at the hearing shall not be permitted. complainant that relate to the allegations (a) The Committee may establish proce­ This paragraph supplements clause 2 (k)(5) of may be submitted with the complaint. dures necessary to prevent the unauthorized Rule XI of the Rules of the House of Rep­ (c) A complaint by a Member of the House disclosure of any testimony or other infor­ resentati ves relating to the protection of the of Representatives may be transmitted di­ mation received by the Committee or its rights of witnesses. rectly to the Committee. staff. (c) Not more than four television cameras, (d) A complaint by an individual not a (b) Members and staff of the Committee operating from fixed positions, shall be per­ Member of the House of Representatives may shall not disclose to any person or organiza­ mitted in a hearing or meeting room. The be transmitted through a Member who tion outside the Committee, unless author­ Committee may allocate the positions of states, in writing, that it is submitted for ized by the Committee, any information re­ permitted television cameras among the tel­ the purpose of initiating a Preliminary In­ garding the Committee's or a subcommit- evision media in consultation with the Exec- quiry. A copy of the exact complaint submit- 12902 CONGRESSIONAL RECORD-HOUSE May 30, 1991 ted to and transmitted by the Member must (0 If the Committee, by a majority vote, (3) The subcommittee shall provide the re­ be attached to the Member's letter to the determines that the complaint is within the spondent an opportunity to present, orally Committee. Committee's jurisdiction and merits further or in writing, a statement, which must be (e) If a complaint by an individual who is inquiry, it shall adopt a Resolution of Pre­ under oath or affirmation, regarding the al­ not a Member of the House of Representa­ liminary Inquiry. After such resolution is legations and any other relevant questions tives is submitted to three Members of the adopted, the Chairman and Ranking Minor­ arising out of the Preliminary Inquiry. House of Representatives who refuse, in writ­ ity Member shall designate four or six mem­ (4) The staff may interview witnesses, ex­ ing, to transmit the complaint to the Com­ bers to serve as an investigative subcommit­ amine documents and other evidence, and re­ mittee for the purpose of requesting an in­ tee to conduct a Preliminary Inqui,ry in ac­ quest that submitted statements be under vestigation, the complainant may transmit cordance with Rule 17. oath or affirmation and that documents be the complaint to the Committee. Legible (g) The respondent shall be notified, in certified as to their authenticity and accu­ copies of each refusal letter must accompany writing, regarding the Committee's decision racy. the complaint. Each letter must clearly either to dismiss the complaint or to initiate (5) The subcommittee, by a majority vote state the Member's refusal to transmit the a Preliminary Inquiry. of its members, may require, by subpoena or complaint and contain the Member's ac­ (h) Respondent shall be notified of the otherwise, the attendance and testimony of knowledgment that such refusal may cause membership of the investigative subcommit­ witnesses and the production of such books, the Committee to consider initiating a Pre­ tee and shall have ten days after such notice records, correspondence, memoranda, papers, liminary Inquiry. A legible copy of the exact is transmitted to object to the participation documents, and other items as it deems nec­ complaint submitted to and considered by of any subcommittee member. Such objec­ essary to the conduct of the inquiry. Unless the Member must be attached to that Mem­ tion shall be in writing and shall be on the the Committee otherwise provides, the sub­ ber's refusal letter. grounds that the member cannot render an poena power shall rest in the Chairman and (0 A complaint must be accompanied by a impartial and unbiased decision. The mem­ Ranking Minority Member of the Committee certification that the complainant has pro­ ber against whom the objection is made shall and a subpoena shall be issued upon the re­ vided an exact copy of the filed complaint be the sole judge of his or her disqualifica­ quest of the chairman and ranking minority and all attachments to the respondent. tion. member of the investigative subcommittee. (g) The Committee may defer action on a Rule 16. Committee initiated preliminary inquiry A motion to quash a subpoena shall be de­ complaint against a Member, officer, or em­ (a) Notwithstanding the absence of a filed cided by the Chairman of the Committee. ployee of the House of Representatives when complaint, the Committee may consider any (6) The subcommittee shall require that the Committee has reason to believe such information in its possession indicating that testimony be given under oath or affirma­ conduct is being reviewed by appropriate law a Member, officer, or employee may have tion. The form of the oath or affirmation enforcement of regulatory authorities. committed a violation of the Code of Official shall be: "Do you solemnly swear (or affirm) (h) A complaint may not be amended with­ Conduct or any law, rule, regulation, or that the testimony you will give before this out leave of the Committee. Otherwise, any other standard of conduct applicable to the subcommittee in the matter now under con­ new allegations of improper conduct must be performance of his or her duties or in the sideration will be the truth, the whole truth, submitted in a new complaint that independ­ discharge of his or her responsibilities. and nothing but the truth (so help you ently meets the procedural requirements of (b) If the Committee determines that the God)?" The oath or affirmation shall be ad­ the Rules of the House of Representatives information merits further inquiry, the Com­ ministered by the chairman or subcommit­ and the Committee's Rules. mittee shall proceed in accordance with Rule tee member designated by him to administer (i) The Committee shall not accept, and 17. oaths. shall return to the complainant, any com­ (c) Any written request by a Member, offi­ (b) During the Preliminary Inquiry, the plaint submitted within the 60 days prior to cer, or employee of the House of Representa­ procedure respecting the admissibility of an election in which the subject of the com­ tives that the Committee conduct an inquiry evidence and rulings shall be as follows: plaint is a candidate. into such person's own conduct shall be proc­ (1) Any relevant evidence shall be admissi­ (j) The Committee shall not consider a essed in accordance with subsection (a) of ble unless the evidence is privileged under complaint, nor shall any investigation be un­ this Rule. the precedents of the House of Representa­ dertaken by the Committee, of any alleged (d) An investigative or disciplinary hearing tives. violation which occurred before the third shall not be undertaken regarding any al­ (2) The chairman of the subcommittee or previous Congress unless the Committee de­ leged violation that occurred before the other presiding member at any investigative termines that the alleged violation is di­ third previous Congress unless a majority of subcommittee proceeding shall rule upon rectly related to an alleged violation which the Committee determines that the alleged any question of admissibility or pertinency occurred in a more recent Congress. violation is directly related to an alleged of evidence, motion, procedure or any other Rule 15. Processing of complaints violation that occurred in a more recent matter, and may direct any witness to an­ (a) Upon receipt of a complaint, the Com­ Congress. swer any question under penalty of con­ mittee shall determine if it complies with (e) Conviction of a Member, officer, or em­ tempt. A witness, witness's counsel, or a clause 4(e)(2)(B) of Rule X of the Rules of the ployee of the House of Representatives in a member of the subcommittee may appeal House of Representatives and Rule 14 of the Federal, state, or local court of a criminal any evidentiary rulings to the members Committee rules. offense for which a sentence of one or more present at that proceeding. The majority (b) If the complaint does not comply with year's imprisonment may be imposed shall vote of the members present at such proceed­ such House and Committee Rules, it shall be be a matter which merits further inquiry ing on such an appeal shall govern the ques­ returned to the complainant with a copy of pursuant to Rule 15 and, after sentencing, a tion of admissibility, and no appeal shall lie such Rules and a statement specifying why preliminary inquiry shall be undertaken. to the Committee. the complaint is not in compliance. The re­ Notwithstanding this provision, the Commit­ (3) Whenever a person is deemed by a chair­ spondent shall be notified when a complaint tee may exercise its investigative authority man or presiding member to be in contempt is returned and provided the reasons there­ at any time prior to conviction or sentenc­ of the subcommittee, the matter may be re­ for. ing. ferred to the Committee to determine wheth­ (c) If a complaint is in compliance with Rule 17. Preliminary inquiry er to refer the matter to the House of Rep­ House and Committee Rules, a copy of the (a) In a Preliminary Inquiry undertaken by resentatives for consideration. complaint and the Committee Rules shall be an investigative subcommittee- (4) Committee counsel may, subject to sub­ forwarded to the respondent with notice that (1) All proceedings, including the taking of committee approval, enter into stipulations the complaint conforms to the applicable testimony, shall be conducted in Executive with respondent and/or respondent's counsel rules and will be placed on the Committee's Session and all testimony taken by deposi­ as to facts that are not in dispute. agenda. tion or things produced pursuant to sub­ (c) Upon completion of the investigation, (d) The respondent may provide to the poena or otherwise shall be deemed to have the staff shall draft a report for the inves­ Committee any information relevant to a been taken or produced, in Executive Ses­ tigative subcommittee that shall contain a complaint filed with the Committee. The sion. comprehensive summary of the information Committee staff may request information (2) The chairman of the investigative sub­ received and may include any recommenda­ from the respondent prior to the consider­ committee shall ask respondent and all wit­ tions for action by the.subcommittee regard­ ation of a Resolution of Preliminary Inquiry nesses whether they intend to be represented ing the alleged violations. only when so directed by the Chairman and by counsel. If so, the respondent or witness (d) Upon completion of the Preliminary In­ Ranking Minority Member. or their legal representative shall provide quiry an investigative subcommittee, by ma­ (e) At the first meeting of the Committee written designation of counsel. A respondent jority vote of its members, may adopt a following the procedures or actions specified or witness who is represented by counsel Statement of Alleged Violation if it deter­ in clauses (c) and (d), the Committee shall shall not be questioned in the absence of mines that there is reason to believe that a consider the complaint. counsel unless an explicit waiver is obtained. violation has occurred. If more than one May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12903 count is alleged, such Statement shall be di­ (0 If the day on which any answer, motion, evidence or has been provided the names of vided into counts and each count shall relate reply, or other pleading must be filed falls on the witnesses. to a separate violation and shall contain a a Saturday, Sunday or holiday, such filing (2) After a witness called by subcommittee plain and concise statement of the alleged shall be made on the first business day there­ counsel has testified on direct examination facts of such violation and include a ref­ after. at a Disciplinary Hearing, the Committee, at erence to the provision of the Code of Offi­ (g) As soon as practicable after an answer the request of the respondent, shall make cial Conduct or law, rule, regulation, or has been filed or the time for such filing has available to the respondent any statement of other appropriate standard of conduct gov­ expired, the Statement of Alleged Violation the witness in the possession of the Commit­ erning the performance of duties or dis­ and any answer, motion, reply or other tee which relates to the subject matter as to charge of responsibilities alleged to have pleading connected therewith shall be trans­ which the witness has testified. been violated. A Statement of Alleged Viola­ mitted by the chairman of the investigative (3) Any other testimony, statement, or tion may include offenses beyond those ref­ subcommittee to the Chairman and Ranking documentary evidence in the possession of erenced in the Resolution of Preliminary In­ Minority Member of the Committee. the Committee which is material to the re­ quiry. A copy of such Statement shall be spondent's defense shall, upon request, be transmitted to the respondent and respond­ Rule 19. Disciplinary hearings made available to the respondent. ent's counsel. (a) If a Statement of Alleged Violation is (g) No less than five days prior to the Dis­ (e) If the investigative subcommittee does transmitted to the Chairman and Ranking ciplinary Hearing, respondent or counsel not adopt a Statement of Alleged Violation, Minority Member pursuant to Rule 18, and shall provide the adjudicatory subcommittee it shall transmit to the Committee a report no waiver pursuant to Rule 23(b) has oc­ with the names of witnesses expected to be containing a summary of the information re­ curred, the Chairman shall designate the called, summaries of their expected testi­ ceived in the inquiry, its conclusions and members of the Committee who did not serve mony, and copies of any documents or other reasons therefor, and any appropriate rec­ on the investigative subcommittee to serve evidence proposed to be introduced. ommendations. The Committee shall trans­ on an adjudicatory subcommittee. The (h) The respondent or counsel may apply to mit such report to the House of Representa­ Chairman and Ranking Minority Member of the subcommittee for the issuance of subpoe­ tives. the Committee shall be the chairman and nas for the appearance of witnesses or the ranking minority member of the adjudica­ production of evidence. The application shall Rule 18. Respondent's answer tory subcommittee. The respondent shall be be granted upon a showing by the respondent (a)(l) Within 30 days from the date of notified of the designation of the adjudica­ that the proposed testimony or evidence is transmittal of a Statement of Alleged Viola­ tory subcommittee and shall have ten days relevant and not otherwise available to re­ tion, the respondent shall file with the inves­ after such notice is transmitted to object to spondent. The application may be denied if tigative subcommittee an answer, in writing the participation of any subcommittee mem­ not made at a reasonable time or if the testi­ and under oath; signed by respondent and re­ ber. Such objection shall be in writing and mony or evidence would be merely cumu­ spondent's counsel. Failure to file an answer shall be on the grounds that the member lative. within the time prescribed shall be consid­ cannot render an impartial and unbiased de­ (i) During the Disciplinary Hearing, the ered by the Committee as a denial of each cision. The member against whom the objec­ procedures regarding the admissibility of count. tion is made shall be the sole judge of his or evidence and rulings shall be as follows: (2) The answer shall contain an admission her disqualification. (1) Any relevant evidence shall be admissi­ to or denial of each count set forth in the (b) A majority of the adjudicatory sub­ ble unless the evidence is privileged under Statement of Alleged Violation and may in­ committee membership plus one must be the precedents of the House of Representa­ clude negative, affirmative, or alternative present at all times for the conduct of any tives. defenses and any supportive evidence or business pursuant to this Rule. (2) The chairman of the subcommittee or other relevant information. (c) The adjudicatory subcommittee shall other presiding member at an adjudicatory (b) The respondent may file a Motion for a hold a Disciplinary Hearing to determine subcommittee hearing shall rule upon any Bill of Particulars within 15 days of the date whether any counts in the Statement of Al­ question of admissibility or pertinency of of transmittal of the Statement of Alleged leged Violation have been proved by clear evidence, motion, procedure, or any other Violation. If a Motion for a Bill of Particu­ and convincing evidence and shall make matter, and may direct any witness to an­ lars is filed, the respondent shall not be re­ findings of fact, except where such violations swer any question under penalty of con­ quired to file an answer until 15 days after have been admitted by respondent. tempt. A witness, witness's counsel, or a the subcommittee has replied to such mo­ (d) At a Disciplinary Hearing the adjudica­ member of the subcommittee may appeal tion. tory subcommittee may require, by subpoena any evidentiary ruling to the members (c)(l) The respondent may file a Motion to or otherwise, the attendance and testimony present at that proceeding. The majority Dismiss within 15 days of the date of trans­ of such witnesses and the production of such vote of the members present at such proceed­ mittal of the Statement of Alleged Violation books, records, correspondence, memoranda, ing on such an appeal shall govern the ques­ or, if a Motion for a Bill of Particulars has papers, documents, and other items as it tion of admissibility and no appeal shall lie been filed, within 15 days of the date of the deems necessary. Depositions, interrog­ to the Committee. subcommittee's reply to the Motion for a atories, and sworn statements taken under (3) Whenever a witness is deemed by a Bill of Particulars. If a Motion to Dismiss is any investigative subcommittee direction chairman or other presiding member to be in filed, the respondent shall not be required to may be accepted into the hearing record. contempt of the subcommittee, the matter file an answer until 15 days after the sub­ (e) The procedures set forth in clause 2(k) may be referred to the Committee to deter­ committee has replied to the Motion to Dis­ of Rule XI of the Rules of the House of Rep­ mine whether to refer the matter to the miss. resentatives shall apply to Disciplinary House of Representatives for consideration. (2) A Motion to Dismiss may be made on Hearings. All such hearings shall be open to (4) Committee counsel may, subject to sub­ the grounds that the Statement of Alleged the public unless the adjudicatory sub­ committee approval, enter into stipulations Violation fails to state facts that constitute committee, pursuant to such clause, deter­ with respondent and/or respondent's counsel a violation of the Code of Official Conduct or mines that the hearings or any part thereof as to facts that are not in dispute. other applicable law, rule, regulation, or should be closed. (j) Unless otherwise provided, the order of standard of conduct, or on the grounds that (0(1) The adjudicatory subcommittee shall, a Disciplinary Hearing shall be as follows: the Committee lacks jurisdiction to consider in writing, notify the respondent that re­ (1) The chairman of the subcommittee the allegations contained in the Statement. spondent and his or her counsel have the shall open the hearing by stating the adju­ (d) Any motion filed with the subcommit­ right to inspect, review, copy, or photograph dicatory subcommittee's authority to con­ tee pursuant to this rule shall be accom­ books, papers, documents, photographs, or duct the hearing and the purpose of the hear­ panied by a Memorandum of Points and Au­ other tangible objects that the adjudicatory ing. thorities. subcommittee counsel intends to use as evi­ (2) The chairman shall then recognize Com­ (e)(l) The chairman of the investigative dence· against the respondent in a Discipli­ mittee counsel and respondent's counsel, in subcommittee, for good cause shown, may nary Hearing. Respondent shall be given ac­ turn, for the purpose of giving opening state­ permit the respondent to file an answer or cess to such evidence, and shall be provided ments. motion after the day prescribed above. the names of witnesses the subcommittee (3) Testimony from witnesses and other (2) If the ability of the respondent to counsel intends to call, and a summary of pertinent evidence shall be received in the present an adequate defense is not adversely their expected testimony, no less than 15 cal­ following order whenever possible: affected and special circumstances so re­ endar days prior to any such hearing. Except (i) witnesses (deposition transcripts and af­ quire, the chairman of the investigative sub­ in extraordinary circumstances, no evidence fidavits obtained during the Preliminary In­ committee may direct the respondent to file may be introduced or witness called in a Dis­ quiry may be used in lieu of live witnesses) an answer or motion prior to the day pre­ ciplinary Hearing unless respondent has been and other evidence offered by the Committee scribed above. afforded a prior opportunity to review such counsel, 12904 CONGRESSIONAL RECORD-HOUSE May 30, 1991 (ii) witnesses and other evidence offered by (c) Upon completion of any proceeding held (b) A respondent may seek to waive any the respondent, and pursuant to clause (b), the Committee shall procedural rights or steps in the disciplinary (iii) rebuttal witnesses, as permitted by consider and vote on a motion to recommend process. A request for waiver must be in the chairman. to the House of Representatives that the writing, signed by the respondent, and must (4) Witnesses at a hearing shall be exam­ House take disciplinary action. If a majority detail what procedural steps respondent ined first by counsel calling such witness. of the Committee does not vote in favor of seeks to waive. Any such request shall be The opposing counsel may then cross-exam­ the recommendation that the House of Rep­ subject to the acceptance of the Committee ine the witness. Redirect examination and resentatives take action, a motion to recon­ or subcommittee, as appropriate. recross examination may be permitted at the sider that vote may be made only by a mem­ (c) Witnesses shall be afforded a reasonable chairman's discretion. Subcommittee mem­ ber who voted against the recommendation. period of time, as determined by the Com­ bers may then question witnesses. Unless The Committee may also, by majority vote, mittee or subcommittee, to prepare for the otherwise directed by the chairman, such adopt a motion to issue a Letter of Reproval hearing and to obtain counsel. questions shall be conducted under the five­ or take other appropriate Committee action. (d) Except as otherwise specifically author­ minute rule. (d) If the Committee determines a Letter ized by the Committee, no Committee mem­ (k) A subpoena to a Witness to appear at a of Reproval constitutes sufficient action, the ber or staff member shall disclose to any per­ hearing shall be served sufficiently in ad­ Committee shall include any such letter as a son outside the Committee the name of any vance of that witnesses' scheduled appear­ part of its report to the House of Representa­ witness subpoenaed to testify or to produce ance to allow the witness a reasonable period tives. evidence. of time, as determined by the chairman of (e) With respect to any proved counts (e) Prior to their testimony, witnesses the adjudicatory subcommittee, to prepare against a Member of the House of Represent­ shall be furnished a printed copy of the Com­ for the hearing and to employ counsel. atives, the Committee may recommend to mittee's Rules of Procedure and the provi­ (1) Each witness appearing before the sub­ the House one or more of the following sanc­ sions of the Rules of the House of Represent­ committee shall be furnished a printed copy tions: atives applicable to the rights of witnesses. of the Committee rules, the pertinent provi­ (1) Expulsion from the House of Represent- (f) Witnesses may be accompanied by their sions of the Rules of the House of Represent­ atives. own counsel for the purpose of advising them atives applicable to the rights of witnesses, (2) Censure. concerning their constitutional rights. The and a copy of the Statement of Alleged Vio­ (3) Reprimand. Chairman may punish breaches of order and lation. (4) Fine. decorum, and of professional responsibility (m) Testimony of all witnesses shall be (5) Denial or limitation of any right, on the part of counsel, by censure and exclu­ taken under oath or affirmation. The form of power, privilege, or immunity of the Member sion from the hearings; and the Committee the oath or affirmation shall be: "Do you if under the Constitution the House of Rep­ may cite the offender to the House of Rep­ solemnly swear (or affirm) that the testi­ resentatives may impose such denial or limi­ resentatives for contempt. mony you will give before this subcommittee tation. (g) Each witness subpoenaed to provide tes­ in the matter now under consideration will (6) Any other sanction determined by the timony or other evidence shall be provided be the truth, the whole truth, and nothing Committee to be appropriate. such travel expenses as the Chairman consid­ but the truth (so help you God)?" The oath (f) With respect to any proved counts ers appropriate. No compensation shall be or affirmation shall be administered by the against an officer or employee of the House authorized for attorney's fees or for a wit­ Chairman or Committee member designated of Representatives, the Committee may rec­ ness' lost earnings. by the Chairman to administer oaths. ommend to the House one or more of the fol­ (h) In the course of a Committee proceed­ (n) At a Disciplinary Hearing the burden of lowing sanctions: ing, a witness may be provided a copy of his proof rests on Committee counsel to estab­ (1) Dismissal from employment. or her deposition or other testimony if a lish the facts alleged in the Statement of Al­ (2) Reprimand. written request is made, and if the witness leged Violation by clear and convincing evi­ (3) Fine. and counsel (if retained) agree in writing to dence. However, Committee counsel need not (4) Any other sanction determined by the maintain confidentiality respecting the con­ present any evidence regarding any count Committee to be appropriate. tent of any executive session proceedings that is admitted by the respondent or any (g) With respect to the sanctions that the covered by such transcript. fact stipulated. Committee may recommend, reprimand is Adopted May 22, 1991. (o) As soon as practicable after all testi­ appropriate for serious violations, censure is mony and evidence have been presented, the appropriate for more serious violations, and subcommittee shall consider each count con­ expulsion of a Member or dismissal of an of­ LEAVE OF ABSENCE tained in the Statement of Alleged Violation ficer or employee is appropriate for the most By unanimous consent, leave of ab­ and shall determine by majority vote of its serious violations. A recommendation of a sence was granted to: members whether each count has been fine is appropriate in a case in which it is proved. If a majority of the subcommittee likely that the violation was committed to Mr. ENGEL (at the request of Mr. GEP­ does not vote that the count has been secure a personal financial benefit; and a HARDT), for today, on account of offi­ proved, a motion to reconsider that vote recommendation of a denial or limitation of cial business. may be made only by a member who voted a right, power, privilege, or immunity of a that the count was not proved. A count that Member is appropriate when the violation is not proved shall be considered as dis­ bears upon the exercise or holding of such SPECIAL ORDERS GRANTED missed by the subcommittee. right, power, privilege, or immunity. This By unanimous consent, permission to (p) The findings of the adjudicatory sub­ clause sets forth general guidelines and does committee shall be reported to the Commit­ not limit the authority of the Committee to address the House, following the legis­ tee. recommend other sanctions. lative program and any special orders (h) The Committee report shall contain an heretofore entered, was granted to: Rule 20. Sanction hearing and consideration of appropriate statement of the evidence sup­ (The following Members (at the re­ sanctions or other recommendations porting the Committee's findings and a quest of Mr. WHEAT) to revise and ex­ (a) If no count in a statement of Alleged statement of the Committee's reasons for tend their remarks and include extra­ Violation is proved, the Committee shall the recommended sanction. neous material:) prepare a report to the House of Representa­ Rule 21. Disclosure of exculpatory information Mr. ANNUNZIO, for 5 minutes, today. tives, based upon the report of the adjudica­ to respondent tory subcommittee. Mr. BROWN, for 60 minutes, on (b) If an adjudicatory subcomittee com­ If the Committee, or any investigative or June 3. pletes a Disciplinary Hearing pursuant to adjudicatory subcommittee at any time re­ Mrs. COLLINS of Illinois, for 60 min­ Rule 19 and reports that any count of the ceives any excuplatory information respect­ utes each day on June 3, 4, 5, 6, 7, 10, 11, ing a Complaint or Statement of Alleged Statement of Alleged Violation has been 12, 13, 14, 17, 18, 19, 20, 21, 24, 25, 26, 27, proved, a hearing before the Committee shall Violation concerning a Member, officer, or employee of the House of Representatives, it and 28. be held to receive oral and/or written sub­ (The following Members (at the re­ missions by counsel for the Committee and shall make such information immediately counsel for the respondent as to the sanction known and available to the Member, officer, quest of Mr. GUNDERSON) to revise and the Committee should recommend to the or employee. extend their remarks and include ex­ House of Representatives with respect to Rule 22. Rights of respondents and witnesses traneous material:) such violations. Testimony by witnesses (a) A respondent shall be informed of the Mr. WASHINGTON, for 60 minutes, on shall not be heard except by written request right to be represented by counsel, to be pro­ June 3. and vote of a majority of the Committee. vided at his own expense. Mr. TOWNS, for 60 minutes, on June 3. May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12905 Mr. MFUME, for 60 minutes, on June EXECUTIVE COMMUNICATIONS, tion 5(b) (102 Stat. 2526); to the Committee 3. ETC. on Government Operations. 1410. A letter from the Inspector General, Under clause 2 of rule XXIV, execu­ Corporation for Public Broadcasting, trans­ tive communications were taken from mitting the semiannual report of activities EXTENSION OF REMARKS the Speaker's table and referred as fol­ of the Inspector General covering the period By unanimous consent, permission to lows: October l, 1990 to March 31, 1991, pursuant to 1398. A letter from the Secretary of Agri­ Public Law 95--452, section 5(b) (102 Stat. revise and extend remarks was granted 2526); to the Committee on Government Op­ to: culture, transmitting a draft of proposed leg­ islation to recover costs of establishing erations. Mr. COLEMAN of Missouri, in the standards and specifications for agricultural 1411. A letter from the Chairman, National House today immediately prior to vote products; to the Committee on Agriculture. Credit Union Administration, transmitting a on H.R. 2426. 1399. A letter from the Director, Environ­ report on the activities of the Office of In­ (The following Members (at the re­ mental Restoration and Management, De­ spector General, pursuant to Public Law 95- quest of Mr. RIGGS) and to include ex­ partment of Energy, transmitting a design 452, section 5(b) (102 Stat. 2526); to the Com­ traneous matter:) report on a formal priority system for envi­ mittee on Government Operations. Mr. SOLOMON. ronmental restoration; to the Committee on 1412. A letter from the Deputy Associate Appropriations. Director for Collection and Disbursement, Mr. GINGRICH. 1400. A letter from the Chief, Legislative Department of the Interior, transmitting no­ Mr. BALLENGER. Liaison, Department of the Army, transmit­ tice of proposed refunds of excess royalty Mr. GALLEGLY. ting notification of the decision not to con­ payments in OCS areas, pursuant to 43 U.S.C. Mr. RINALDO. vert to contractor performance and to retain 1339(b); to the Committee on Interior and In­ Mr. DAVIS. the in-house operation of the logistics serv­ sular Affairs. Mr. BROOMFIELD. ices function at the Sacramento District, 1413. A letter from the Comptroller Gen­ Mr. CAMP. USACE, pursuant to Public Law 100--463, sec­ eral, General Accounting Office, transmit­ tion 8061 (102 Stat. 2270-27); to the Committee ting a report and recommendation concern­ Mr. GILLMOR. on Armed Services. ing the claim of Ms. Olufunmilayo 0. Mr. GoODLING in two instances. 1401. A letter from the General Counsel, Omokaye, who performed services for the (The following Members (at the re­ Department of Defense, transmitting a draft National Labor Relations Board, pursuant to quest of Mr. WHEAT) and to include ex­ of proposed legislation to amend title 37, 31 U.S.C. 3702(d); to the Committee on the traneous matter:) United States Code, to permit members of Judiciary. Mr. WOLPE. the uniformed services and their dependents 1414. A letter from the Director, Adminis­ Mr. MATSUI. to defer travel authorized in conjunction trative Office of the U.S. Courts, transmit­ Mr. YATRON in two instances. with a consecutive overseas tour for up to 1 ting the 1990 annual report of the Director of year; to the Committee on Armed Services. the Administrative Office of the U.S. Courts Mrs. COLLINS of Illinois. 1402. A letter from the Secretary of the together with the March and September pro­ Mr. MAZZOLI in two instances. Navy, transmitting notification of the ceedings of the Judicial Conference of the Mr. STARK. Navy's intention to construct a research and United States held during 1990, pursuant to Mr. APPLEGATE. development underwater explosion test facil­ 28 U.S.C. 604 (a)(4), (h)(2), 2412(d)(5); 28 U.S.C. Mr. RICHARDSON. ity at Aberdeen Proving Grounds; to the 331; to the Committee on the Judiciary. Mr. MA VROULES. Committee on Armed Services. 1415. A letter from the Secretary of Trans­ 1403. A letter from the Secretary of Hous­ portation, transmitting a draft of proposed ing and Urban Development, transmitting legislation to authorize the Secretary of the Department's eighth annual report on Transportation to deny or revoke an en­ ENROLLED BILLS SIGNED the Congregate Housing Services Program dorsement on a document issued under chap­ Mr. ROSE, from the Committee on covering fiscal year 1989, pursuant to 42 ter 121 of title 46, United States Code, to a House Administration, reported that U.S.C. 8007(b); to the Committee on Banking, vessel whose owner has not paid an assess­ Finance and Urban Affairs. ment of a civil penalty after final agency ac­ that committee had examined and 1404. A letter from the President and tion, and for other purposes; to the Commit­ found truly enrolled bills of -the House Chairman, Export-Import Bank of the United tee on Merchant Marine and Fisheries. of the following titles, which were States, transmitting a report involving Unit­ 1416. A letter from the Secretary of Trans­ thereupon signed by the Speaker: ed States exports to Venezuela, pursuant to portation, transmitting a draft of proposed H.R. 232. An act to amend title 38, United 12 U.S.C. 635(b)(3)(i); to the Committee on legislation to amend rules 1 and 8 in the In­ States Code, with respect to veterans pro­ Banking, Finance and Urban Affairs. land Navigational Rules Act of 1980 (33 grams for housing and memorial affairs, and 1405. A letter from the President and U.S.C. chapter 2001 et seq.) in order to con­ for other purposes; Chairman, Export-Import Bank of the United form them to the International Regulations H.R. 831. An act to designate the Owens Fi­ States, transmitting a report involving Unit­ for Preventing Collisions at Sea, 1972; to the nance Station of the U.S. Postal Service in ed States exports to Venezuela, pursuant to Committee on Merchant Marine and Fish­ Cleveland, OH, as the "Jesse Owens Building 12 U.S.C. 635(b)(3)(i); to the Committee on eries. of the United States Postal Service"; Banking, Finance and Urban Affairs. 1417. A letter from the Chairman, Inter­ H.R. 2127. An act to amend the Rehabilita­ 1406. A letter from the Secretary of Hous­ state Commerce Commission, transmitting a tion Act of 1973 to extend the programs of ing and Urban Development, transmitting a draft of proposed legislation to amend title such act, and for other purposes; and study of housing developed under section 202 49, United States Code, to impose a 1-year H.R. 2251. An act making dire emergency of the Housing Act of 1959 and a statistically moratorium on rate tariff filing requirement supplemental appropriations from contribu­ significant sample of housing assisted under for motor common carriers of property, and tions of foreign governments and/or interest section 8 of the U.S. Housing Act of 1937 to for other purposes; to the Committee on for humanitarian assistance to refugees and determine existing funds contained in resid­ Public Works and Transportation. displaced persons in and around Iraq as a re­ ual receipt accounts; to the Committee on 1418. A letter from the Secretary of Veter­ sult of the recent invasion of Kuwait and for Banking, Finance and Urban Affairs. ans Affairs, transmitting a draft of proposed peacekeeping activities, and for other urgent 1407. A letter from the Secretary of Com­ legislation to amend title 38, United States needs for the fiscal year ending September merce, transmitting a draft of proposed leg­ Code, to improve the housing loan program 30, 1991, and for other purposes. islation to authorize appropriations for the for veterans by reducing administrative reg­ activities of the U.S. Travel and Tourism Ad­ ulation, enhancing the financial solvency of ministration for fiscal year 1992; to the Com­ such program, and for other purposes; to the mittee on Energy and Commerce. Committee on Veterans' Affairs. ADJOURNMENT 1408. A letter from the Secretary of State, 1419. A letter from the Acting Chairman, Mr. GUNDERSON. Mr. Speaker, I transmitting a report regarding the continu­ U.S. International Trade Commission, trans­ move that the House do now adjourn. ing human rights violations by the Republic mitting its annual report for fiscal year 1990, of Serbia; to the Committee on Foreign Af­ pursuant to 19 U.S.C. 1332(g); to the Commit­ The motion was agreed to; accord­ fairs. tee on Ways and Means. ingly (at 12 o'clock and 45 minutes 1409. A letter from the Secretary, Depart­ 1420. A letter from the Administrator, p.m.), under its previous order, the ment of the Interior, transmitting the semi­ Agency for International Development, House adjourned until Monday, June 3, annual report of the Department's Inspector transmitting a report in compliance with 1991, at 12 noon. General, pursuant to Public Law 95--452, sec- section 513 providing its wind-up plan for its 12906 CONGRESSIONAL RECORD-HOUSE May 30, 1991 economic assistance activities as they apply profession, and for other purposes; to the JENKINS, Mr. DONNELLY, Mr. HUNTER, to Thailand, as a result of the military coup Committee on Education and Labor. Mr. FRANK of Massachusetts, Mr. there in February 1991; jointly, to the Com­ By Mr. GOODLING (for himself, Mr. RAVENEL, Mr. KASICH, Mr. BURTON of mittees on Appropriations and Foreign Af­ GUNDERSON, Ms. MOLINARI, and Mr. Indiana, Mr. HOPKINS, Mr. WALSH, fairs. HENRY): Mr. APPLEGATE, Mr. RoHRABACHER, 1421. A letter from the Secretary of De­ H.R. 2496. A bill to amend the Job Training Mr. KOLTER, and Ms. PELOSI): fense, transmitting a draft of proposed legis­ Partnership Act to improve the delivery of H.J. Res. 263. Joint resolution disapproving lation to streamline the facilities infrastruc­ services to hard-to-serve youth and adults, the extension of nondiscriminatory treat­ ture of the U.S. Army Corps of Engineers, to establish the Youth Opportunities Unlim­ ment, (most-favored-nation treatment) to and for other purposes; jointly, to the Com­ ited Program, and for other purposes; to the the products of the People's Republic of mittees on Armed Services and Public Works Committee on Education and Labor. China; to the Committee on Ways and and Transportation. By Ms. KAPI'UR: Means. 1422. A letter from the Secretary, Depart­ H.R. 2497. A bill to require that certain in­ men t of Veterans Affairs, transmitting the formation relating to nursing home aides fourth annual report on the administration and home heal th care aides be collected by MEMORIALS of the Montgomery G.I. Bill Educational As­ the National Center for Health Statistics sistance Program, pursuant to 38 U.S.C. 1436; and the Bureau of Labor Statistics, and for Under clause 4 of rule XXII, memori­ jointly, to the Committees on Veterans' Af­ other purposes; jointly, to the Committees als were presented and referred as fol­ fairs and Armed Services. on Education and Labor and Energy and lows: 1423. A letter from the Director, Congres­ Commerce. sional Budget Office, transmitting a report 149. By the SPEAKER: Memorial of the By Mr. KOSTMAYER: Legislature of the State of Florida, relative on government-sponsored enterprises, pursu­ H.R. 2498. A bill to prohibit certain arms ant to Public Law 101-508, section 13501(c)(l) to developing alcohol fuels for motor vehi­ transactions with countries that maintain or cles; to the Committee on Energy and Com­ (104 Stat. 1388--629); jointly to the Commit­ participate in the maintenance of any boy­ tees on Agriculture, Banking, Finance and merce. cott related list of U.S. persons in violation 150. Also, memorial of the Senate of the Urban Affairs, and Education and Labor. of U.S. law; to the Committee on Foreign Af­ 1424. A letter from the Acting Secretary of Commonwealth of Massachusetts, relative to fairs. financial support to Bangladesh; to the Com­ Treasury, transmitting draft of proposed leg­ By Mr. MATSUI (for himself and Mr. islation for three bills; jointly, to the Com­ mittee on Foreign Affairs. VANDERJAGT): 151. Also, memorial of the Legislature of mittees on Banking, Finance and Urban Af­ H.R. 2499. A bill to amend the Internal Rev­ fairs, Education and Labor, Agriculture, and enue Code of 1986 to clarify that section 457 the State of Florida, relative to information the Judiciary. on POW/MIA's; to the Committee on Govern­ does not apply to nonelective deferred com­ ment Operations. pensation; to the Committee on Ways and 152. Also, memorial of the Senate of the Means. State of Indiana, relative to the desecration REPORTS OF COMMITTEES ON PUB­ By Mr. STARK: LIC BILLS AND RESOLUTIONS of the U.S. flag; to the Committee on the Ju­ H.R. 2500. A bill to amend title xvm of the diciary. Under clause 2 of rule XIII, reports of Social Security Act to provide for coverage 153. Also, memorial of the House of ReP­ committees were delivered to the Clerk of certain prescription drugs under part B of the Medicare program; jointly, to the Com­ resenta ti ves of the State of Hawaii, relative for printing and reference to the proper to revoking driver's licenses of drug offend­ mittees on Ways and Means and Energy and ers; to the Committee on Public Works and calendar, as follows: Commerce. Mr. FAZIO. Committee on Appropriations. By Mr. JONTZ (for himself and Mr. Transportation. H.R. 2506. A bill making appropriations for RAVENEL): the legislative branch for the fiscal year end­ H.R. 2501. A bill to provide for the full re­ ing September 30, 1992, and for other pur­ covery of the Federal Government's costs of ADDITIONAL SPONSORS poses (Rept. 102-82). Referred to the Commit­ selling timber on national forest lands, to re­ tee of the Whole House on the State of the quire site-specific identification of national Under clause 4 of rule XXII, sponsors Union. forest lands that are not economically suit­ were added to public bills and resolu­ able for timber harvesting, to remove that tions as follows: land from the suitable timber base and make H.R. 317: Mr. DWYER of New Jersey. PUBLIC BILLS AND RESOLUTIONS associated adjustments in the allowable sale H.R. 500: Mr. BEREUTER. Under clause 5 of rule X and clause 4 quantity, to assist in the economic transi­ H.R. 552: Mr. MARKEY. tion of timber dependent communities, and H.R. 583: Mr. OWENS of Utah. of rule XXII, public bills and resolu­ for other purposes; to the Committee on Ag­ H.R. 696: Mr. NEAL of Massachusetts and tions were introduced and severally re­ riculture. Mr. SANTORUM. ferred as follows: By Mr. RICHARDSON: H.R. 709: Mr. BACCHUS, Mr. JEFFERSON, Mr. By Mr. APPLEGATE (for himself, Mr. H.R. 2502. A bill to establish the Jemez Na­ ROGERS, and Ms. MOLINARI. STOKES, Mr. MOLLOHAN, Mr. DARDEN, tional Recreation Area in the State of New H.R. 736: Mr. LENT. Mr. KOLTER, Mr. RoE, Mr. McEWEN, Mexico, and for other purposes; to the Com­ H.R. 786: Mr. MORAN and Mr. STUDDB. Mr. HYDE, Mr. BOEHLERT, Mr. MUR­ mittee on Interior and Insular Affairs. H.R. 830: Mr. OWENS of Utah. THA, Mr. MURPHY, and Mr. GAYDOS): By Mr. WALSH: H.R. 939: Mr. HARRIS and Mr. DICKINSON. H.R. 2492. A bill to amend the Internal Rev­ H.R. 2503. A bill to amend the Federal Elec­ H.R. 1080: Mr. BLILEY, Mr. GALLEGLY, Mr. enue Code of 1986 to repeal the provison tion Campaign Act of 1971 to impose a $200 CRANE, Mr. LENT, Mr. RoGERS, Mr. BLAZ, Mr. which includes unemployment compensation cap on contributions from a single source in MOORHEAD, Ms. Ros-LEHTINEN, Mr. MCEWEN, in income subject to tax; to the Committee a House of Representatives election, and for Mr. WELDON, and Mr. TRAFICANT. on Ways and Means. other purposes; jointly, to the Committees H.R. 1184: Mr. BAKER, Mr. VALENTINE, and By Mr. CRANE: on House Administration, Ways and Means, Mr. KYL. H.R. 2493. A bill to amend the Internal Rev­ and Rules. H.R. 1197: Mr. KILDEE, Mr. MOLLOHAN, Mr. enue Code of 1986 to extend the principal By Mr. WOLPE (for himself, Mr. WIL­ PETERSON of Florida, Mr. STAGGERS, and Mr. campaign committee of any candidate for LIAMS, and Mr. RANGEL): WILLIAMS. elective public office the same graduated tax H.R. 2504. A bill entitled the "Educational H.R. 1288: Mr. FORD of Tennessee, Mr. LAN­ rates which apply to the principal campaign Exchanges Enhancement Act of 1991"; to the CASTER, Mr. DIXON, Mr. MCMILLEN of Mary­ committee of a candidate for Congress; to Committee on Foreign Affairs. land, and Mr. JEFFERSON. the Committee on Ways and Means. By Mr. ZIMMER (for himself, Mr. AN­ H.R. 1345: Mr. COMBEST, Mr. VALENTINE, By Mr.ESPY: DREWS of New Jersey, Mr. DWYER of and Mr. HYDE. H.R. 2494. A bill to provide disaster assist­ New Jersey, Mr. GALLO, Mr. GUARINI, H.R. 1360: Mr. SKAGGS and Mr. VENTO. ance for agricultural producers who suffer Mrs. RoUKEMA, Mr. SAXTON, and Mr. H.R. 1361: Mr. GoRDON and Mr. PARKER. losses to 1991 crops as a result of damaging SMITH of New Jersey): H.R. 1400: Mr. WALKER, Mr. STUMP, Mr. weather or other related condition; to the H.R. 2505. A bill to impose a 10-year mora­ TAYLOR of North Carolina, Mr. GRADISON, Committee on Agriculture. torium on oil and gas leasing in certain and Mr. RITTER. By Mr. GOODLING: areas off the coast of New Jersey; to the H.R. 1414: Mrs. MINK. H.R. 2495. A bill to expand and strengthen Committee on Interior and Insular Affairs. H.R. 1454: Ms. PELOSI, Mr. SISISKY, Mr. Federal programs by providing incentives to By Mr. SOLOMON (for himself, Mr. MAZZOLI, Mr. STALLINGS, Mr. MACHTLEY, and encourage individuals to enter the teaching MARKEY, Mr. RosE, Mr. SCHULZE, Mr. Mr. RoYBAL. May 30, 1991 CONGRESSIONAL RECORD-HOUSE 12907 H.R. 1502: Mr. DIXON, Mr. WHEAT, Mr. WIL­ Mr. DORNAN of California, Mr. EDWARDS of H. Con. Res. 30: Mr. SOLOMON. SON, Mr. PAYNE of New Jersey, Mr. ACKER­ Oklahoma, Mr. FRANKS of Connecticut, Mr. H. Con. Res. 91: Mr. SIKORSKI and Mr. BEIL­ MAN, Mr. RAMSTAD, Mr. SWE'M', and Ms. GAYDOS, Mr. GEREN of Texas, Mr. GINGRICH, ENSON. DELAURO. Mr. Goss, Mr. HOLLOWAY, Mr. HUNTER, Mr. H. Con. Res. 113: Mr. ECKART, Mr. JONTZ, H.R. 1516: Mr. HOAGLAND, Mr. NAGLE, and HYDE, Mr. IRELAND, Mrs. JOHNSON of Con­ Mr. THOMAS of Georgia, Mr. MFUME, and Mr. Mr. TAUZIN. necticut, Mr. KOLBE, Mr. KOSTMAYER, Mr. AUCOIN. H.R. 1568: Mr. MARTINEZ. LIGHTFOOT, Mr. MACHTLEY, Mr. MCCLOSKEY, H. Con. Res. 118: Mr. FALEOMAVAEGA and H.R. 1598: Mr. BEREUTER, Mr. SCHIFF, Mr. Mr. MCCRERY, Mr. MCGRATH, Mrs. MEYERS of Mr. EMERSON. SENSENBRENNER, Mr. JONES of North Caro­ Kansas, Mr. MONTGOMERY, Mr. MURPHY, Mr. H. Con. Res. 130: Mr. HERTEL. lina, Mr. SAXTON, Mrs. UNSOELD, and Mr. PARKER, Mr. PuRSELL, Mr. RIGGS, Ms. Ros­ H. Con. Res. 160: Mr. ABERCROMBIE, Mr. BURTON of Indiana. LEHTINEN, Mrs. RoUKEMA, Mr. Russo, Mr. MCCLOSKEY, Mr. DEFAZIO, Mr. KOPETSKI, H.R. 1662: Mr. MFUME, Mr. ACKERMAN, Mr. SCHULZE, Mr. SHAYS, Mr. SHUSTER, Mr. Mrs. LoWEY of New York, Ms. WATERS, Mr. RoYBAL, Mr. GoRDON, and Mr. LAFALCE. SKEEN, Mr. SOLOMON, Mr. SMITH of New Jer­ EVANS, Mr. ANDREWS of New Jersey, Mr. H.R. 1755: Mr. NICHOLS. sey, Mr. SPENCE, Mr. SPRATT, Mr. STENHOLM, SERRANO, Ms. SLAUGHTER of New York, and H.R. 1914: Mr. FALEOMAVAEGA, Mr. RANGEL, Mr. TAYLOR of Mississippi, Mr. TRAFICANT, Mr. LEWIS of Georgia. Mr. HAYES of Illinois, Mr. BERMAN, and Mr. Mr. WISE, Mr. KOLTER, Mr. CAMPBELL of Col­ H. Res. 40: Ms. NORTON. SERRANO. orado, Mr. DANNEMEYER, Mr. VANDER JAGT, H.R. 1970: Mr. FISH. Mr. SLATTERY, Mr. MCEWEN, Mr. ZIMMER, H.R. 2027: Mr. LAGOMARSINO, Mr. SCHEUER, Mrs. BYRON, Mrs. COLLINS of Illinois, Mr. FA­ and Mr. INHOFE. WELL, Mr. GUNDERSON, Mr. MFUME, Mr. DELETIONS OF SPONSORS FROM H.R. 2063: Mr. JEFFERSON. ROHRABACHER, Mr. SCHEUER, Mr. STEARNS, PUBLIC BILLS AND RESOLUTIONS H.R. 2201: Mr. HERTEL, Mr. LANCASTER, and Mr. TORRICELLI, and Mr. WOLF. Mr. FISH. H.R. 2460: Mr. LOWERY of California and Under clause 4 of rule XXII, sponsors H.R. 2233: Mr. JONTZ and Mr. ROSE. Mr. MCEWEN. were deleted from public bills and reso­ H.R. 2240: Mr. BEREUTER, Mr. EVANS, Mr. H.J. Res. 219: Mr. SMITH of Oregon, Mr. MI­ lutions as follows: JOHNSON of South Dakota, Mr. MONTGOMERY, NETA, Mr. HAMMERSCHMIDT, Mr. CARDIN, Mr. H.R. 20: Mr. DICKINSON. Mr. RAHALL, Mr. SMITH of Texas, Mr. WIL­ JONES Of North Carolina, Mr. COSTELLO, Mr. SON. Mr. RoSE, and Mrs. MINK. SCHEUER, and Mr. JONES of Georgia. H.R. 2274: Mrs. MEYERS of Kansas. H.J. Res. 243: Mr. RITTER, Mr. FUSTER, Mr. H.R. 2354: Mr. BERMAN, Ms. Ros-LEHTINEN, CLEMENT, Mr. GUARINI, Mr. CALLAHAN, Mr. PETITIONS, ETC. Mr. SMITH of Florida, Mr. BONIOR, Mr. EMERSON, Mr. JONES of Georgia, Mr. STARK, Mr. MARTINEZ, Mr. FROST, Mr. DEFAZIO, Mr. LIPINSKI, Mr. MCNULTY, Mr. Under clause 1 of rule :XXII, petitions SYNAR, Ms. PELOSI, Mr. ACKERMAN, and Mr. FAZIO, Mr. JONTZ, Mr. RANGEL, Mr. DELLUMS, and papers were laid on the Clerk's KLUG. Mr. OWENS of Utah, Mr. ESPY, Mr. BONIOR, desk and referred as follows: H.R. 2386: Mr. CHAPMAN, Mr. SMITH of Flor­ Mr. WAXMAN, Mr. MOORHEAD, Mr. MINETA, 84. The SPEAKER presented a. petition of ida, Mr. HENRY. and Mr. DEFAZIO. Mr. LANCASTER, Mr. SHAYS, Mr. BENNE'M', the Town Council, Coupeville, WA, relative H.R. 2448: Mr. APPLEGATE, Mr. BAKER, Mr. Mr. WALSH, Ms. SLAUGHTER of New York, Mr. to the base closure at Whidbey Island Naval BATEMAN, Mrs. BENTLEY, Mr. BILIRAKIS, Mr. FALEOMAVAEGA, Mrs. LOWEY of New York, Air Station; which was referred to the Com­ CONDIT, Mr. COUGHLIN, Mr. COYNE, Mr. DAVIS, and Mr. HAYES of Louisiana. mittee on Armed Services. 12908 EXTENSIONS OF REMARKS May 30, 1991 EXTENSIONS OF REMARKS INTRODUCTION OF THE TEACH- ER assistance to States to review their proce­ would encourage migrant students to enter LEADERSIIlP ACT OF 1991 dures for certification and licensure and to de­ the field of teaching. Grants would be award­ termine if they need to be redesigned or if al­ ed on a competitive basis with the amount dependent on the number of children partici­ HON. WIWAM F. GOODLING ternative routes to certification and licensure pating in the corps' activities who partici­ OF PENNSYLVANIA need to be developed. pate in the migrant program under the Ele­ IN THE HOUSE OF REPRESENTATIVES Finally, the Teacher Leadership Act of 1991 mentary and Secondary Education Act and Thursday, May 30, 1991 recognizes that the business of education is on the number of migrant students enrolled always evolving and the needs of, and the de­ in the IHE. IHE's would be required to sub­ Mr. GOODLING. Mr. Speaker, today I intro­ mands on, classroom teachers are always mit an application which provides a descrip­ duced the Teacher Leadership Act of 1991 changing. The act provides for the establish­ tion of the programs and activities to be un­ which is designed to recognize teachers in the ment of a CLASS Academy in each State dertaken by the corps, a written agreement classroom as the men and women who must which would work with local education agen­ with the state or local education agency in be at the forefront of leading our schools into which migrant children with special needs cies and institutions of higher education to de­ have been identified, and a description of the the 21st century. This bill will promote activi­ velop and implement preservice training pro­ strategies that will be employed to engage ties that will expand the diversity and skills of grams for prospective teachers and inservice the migrant community. our teaching force and that will provide oppor­ training programs and professional develop­ Part C-National Job Bank for Teacher tunities for professional development and ment activities for practicing teachers which Recruitment Study and Demonstration training for both perspective and practicing focus both on the study of subject matter and This part would provide for a study of the teachers. methodology. The act would also support re­ feasib111ty of establishing a clearinghouse to There has been much debate about whether search, evaluation and dissemination of alter­ operate a national teacher job bank and for this Nation is facing, or will face, a shortage of native teaching strategies and innovative pro­ the establishment of several regional teacher qualified teachers that will cripple our schools. grams for teacher education. job bank clearinghouses as a demonstration While a consensus seems to have developed program. Priority for funding will be given Mr. Speaker, teachers in the classroom are to clearinghouses which involve the coopera­ that there will not be an overall shortage of the leaders on the frontline of the educational tion of several State educational agencies teachers, it is clear that there will be a lack of reform movement that aims to transform our and institutions of higher education or special categories of teachers, most acutely Nation's schools. The Teacher Leadership Act which demonstrate an ability to ·address minority teachers. The demographic data indi­ of 1991 recognizes the integral role that class­ shortages of teachers (e.g. minority, special cates that while 30 percent of our student pop­ room teachers must play and provides them education, bilingual or math/science teach­ ulation is minority, minority teachers make up with some of the tools and strategies that will ers). only 1O percent of our teaching force. This dis­ enable them to perform their leadership role in TITLE II. EXPANDING THE DIVERSITY OF SKILLS parity is expected to grow as we enter the this century and beyond. A detailed summary AND EXPERTISE OF TEACHERS next century. I strongly believe that the lack of of the act will follow my statement and I hope Part A-Business Partnerships for Classroom minority role models and the lack of a minority you will all join me in supporting our Nation's Leadership presence in the classroom limits the edu­ teachers. This part would provide funding to local education agencies to establish partnerships cational experience of all children. TEACHER LEADERSHIP ACT OF 1991 with the business community both to allow The Teacher Leadership Act responds to TITLE I. TEACHER RECRUITMENT representatives of local businesses and firms this problem with two programs, University Part A-University Parterships for Classroom to work with classroom teachers to provide Partnerships for Classroom Leadership and Leadership instruction in subject area where the exper­ Community Partnerships for Classroom Lead­ This part would provide grants to histori­ tise of the teacher could be supplemented ership-the national mini corps-which are de­ cally black colleges and universities and (e.g. computer programming, law, business signed both to bring minority college students Title III institutions (institutions with large management) and to provide opportunities into local classrooms to act as mentors and enrollments of minority or disadvantaged for classroom teachers to work in local busi­ role models and to encourage those students students) to set up partnerships with local nesses or firms to gain practical experience education agencies both to establish a pres­ or to develop new skills or expertise. This to enter the teaching profession. The act also ence of minority role models in the class­ would be set up as a model program to pro­ contains a national job bank study and dem­ room and to encourage minority students to vide Federal support for such partnerships onstration which will match schools that are enter the field of teaching. Grants will be with the intention that they will eventually seeking to expand the diversity of their teach­ awarded to qualifying institutions on a com­ be entirely privately financed. Priority will ing ranks with teachers who are looking for petitive basis and the amount awarded to an be given to partnerships that focus on the new opportunities. institution will be based on the number of development of the mathematics or science The Teacher Leadership Act also recog­ Chapter 1 students to be served in the LEA expertise of classroom teachers, particularly nizes the need for practicing teachers to ex­ and the number of graduates at the institu­ those at the elementary grades. tion in the preceding school year. Applica­ pand the range of expertise that they can offer Part B-Teacher Certification and Licensure tions will contain a written partnership This part would provide Federal financial to their students and the availability of new agreement between the university or college skills and expertise among professionals who support and technical assistance to State and the LEA, detail the extent to which stu­ educational agenices to review their require­ are not currently practicing teachers. Thus, the dents and classroom teachers are involved in ments for teacher certification and licensure act contains a model program called Business the development of the program, describe and to determine whether new standards for Partnerships for Classroom Leadership that the program or activities to be undertaken certification and licensure or alternative encourages schools to work with their local by the partnership, and describe the recruit­ routes to certification and licensure need to business community to bring new ideas and ment and training of participants. be developed. Each State would be eligible expertise into the classroom and to provide Part B-Community Partnerships for Classroom for a one-time allotment based on the opportunities for teachers to develop new Leadership State's share of the total population of chil­ skills. The act also recognizes that a State's This part would provide grants to institu­ dren ages 5 through 17 in all the States. tions of higher education to establish part­ LEA's would be required to submit an appli­ requirements for certification and licensure can nerships with the migrant community by cation describing the review process that be a tool both for elevating the teaching pro­ carrying out the national mini corps pro­ will be undertaken, consultation with appro­ fession and for promoting the development of gram. This program would involve migrant priate parties, procedures for ongoing re­ new expertise among the teaching force. The students in instructional and recreational view, and the process for developing new re­ act will provide Federal support and technical activities in the migrant community and quirements.

• 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. May 30, 1991 EXTENSIONS OF REMARKS 12909 TITLE ill. INNOVATIONS IN THE PRACTICE OF TwELVE FOREIGN FIRMS REPORTEDLY EN­ ferred to be assistant pastor at St. Joseph's TEACHING GAGED IN INTERNATIONAL NUCLEAR WEAP­ Church Frackville. While at St. Joseph's Part A-CLASS Academies (Classroom Leaders ONS-RELATED TRADE 1 among other things, he was responsible for Assisting Students to Succeed) FIRM 6: ALFRED HEMPEL GMBH (GERMANY) the organization and presentation of minstrel This part would provide Federal seed Alfred Hempel GmbH was the chief con­ shows which were presented annually. In money to establish teacher academies in cern, until his death in 1989, of former Nazi 1956, he was appointed curate at St. Bar­ each State to operate in conjunction with officer Alfred Hempel. Through his company, nabas Church in Philadelphia, and in February the LEAD centers which currently operate in and a network of subsidiaries, namely each State. The CLASS academies would be Rohstoff Einfuhr GmbH of Germany and 1958, was made pastor of St. Mary's Church, required to make their services available to Orda AG of Switzerland, Hempel conducted a Ringtown. During his tenure at St. Mary's all classroom teachers within ~he State, to lucrative import/export trade in nuclear ma­ Ringtown, Father Forgotch was instrumental in work with IliE's and LEA's to develop and terials. According to numerous sources, the developing a very successful CYO basketball implement preservice training programs for firm often operated at or beyond the fringe program. In March 1966, Father Forgotch was prospective teachers and in-service training of legality. Other Hempel German subsidi­ appointed to become a member of the programs and professional development ac­ aries included Fundus GmbH, Inter-Nuclear tivities for practicing teachers, and to pro­ Dioceasan Liturgical Committee. During Father Service Society for Waste Disposal (impli­ Forgotch's 50 years with the church, he has vide technical assistance to schools within cated in the Nukem-Transnuklear scandal), the State developing on-site training pro­ lsotron, IRE Diagnostic, GB Chemicals, and been a member of many congregations in var­ grams. The CLASS academies woud be re­ Kapp Chemicals. Hempel's foreign subsidi­ ious cities and towns. Throughout this half­ quired to coordinate their activities with the aries also included Pomera AG and Inter-Nu­ century of service Father Forgotch has had a LEAD centers so teachers and administra­ clear Service AG (both of Switzerland) as tremendous impact on all of the lives he tors are involved in a joint effort to improve well as two mining firms in Namibia. Outside touched. our nations' schools, to evaluate the pro­ Germany and Switzerland, Hempel main­ Mr. Speaker, it is a great honor to recognize gram and activities conducted by the acad­ tained offices in Argentina, the People's Re­ emies, and to make information concerning the Reverend Joseph D. Forgotch before you public of China, the Soviet Union, and the and my colleagues here in the House of Rep­ programs, activities or research conducted United States. by the academy available through the Na­ resentatives. As Father Forgotch celebrates tional Diffusion Network. Hempel activities included the purchase of 50 years of outstanding service to the church heavy water from countries such as Norway, Part B-Research, Evaluation and the PRC, and the Soviet Union for export to and the community, I would like to thank him Dissemination countries such as Argentina, India, and for all he has done and wish him the best of This part would authorize the Secretary to Pakistan. Heavy water is used as a coolant luck in the future. make grants to, or enter into contracts or in some nuclear reactors that produce pluto­ cooperative agreements with, IHE's or public nium as a byproduct-one of two possible nu­ or private agencies and organizations for re­ clear weapons core ingredients. In one case, TRIBUTE TO REID BROWN search and evaluation of alternative teach­ Hempel allegedly arranged the transfer of 100 ing strategies, including strategies designed tons of heavy water from the PRC to India. HON. GEORGE (BUDDY) DARDEN to reach disadvantaged students, students The company is also believed to have bro­ OF GEORGIA with disabilities or students with limited kered the $90 m111ion sale and shipment of English proficiency, and innovative pro­ between four and six tons of Chinese en­ IN THE HOUSE OF REPRESENTATIVES grams for teacher education and training. It riched uranium to South Africa for use in its Thursday, May 30, 1991 would also authorize the Secretary to pro­ nuclear facilities while Western suppliers vide for dissemination of these ideas through were boycotting the country. U.S. officials Mr. DARDEN. Mr. Speaker, President Lyn­ the National Diffusion Network to IliE's and protested Hempel 's transactions to the Ger­ don B. Johnson in 1965 in a special message the CLASS Academies. man government on several occasions, as did to Congress expressed the importance of edu­ Norway and Switzerland, but to no avail. cation and its relevancy to the continued pros­ Sources: Christian Science Monitor, 718188, perity of our Nation this way: PROLIFERATION PROFITEERS: pp. l, 14 by E.A. Wayne; Nuclear Fuel, 7125188, PART 18 Every child must be encouraged to get as pp. 7-8 by Mark Hibbs; Der Spiegel, 1/18/88, pp. much education as he has the ability to 18-30, 10/17/88, pp. 22-26; Die Tageszeitung, lOnl take. We want this not only for his sake-but HON. FORTNEY PETE STARK 89, pp. 14-15 by Thomas Scheuer; Wall Street for the Nation's sake. Nothing matters more OF CALIFORNIA Journal, 1/3188, pp. l, 6, 6/21188, p. 34 by John J. to the future of our country; not military IN THE HOUSE OF REPRESENTATIVES Fialka; Die Zeit, 10/21/88 by Wolfang Hoffman. preparedness-for armed might is worthless if we lack the brain power to build a world of Thursday, May 30, 1991 peace; not our productive economy-for we Mr. STARK. Mr. Speaker, today I am plac­ TRIBUTE TO REV. JOSEPH D. cannot sustain growth without trained man­ ing into the CONGRESSIONAL RECORD the 18th FORGOTCH power; not our democratic system of govern­ in my series of case studies on foreign firms ment-for freedom is fragile if citizens are which have aided the nuclear weapons pro­ HON. GUS YATRON ignorant. gram of developing countries. These studies OF PENNSYLVANIA When I read these words, the efforts of one have been prepared by the Emerging Nuclear IN THE HOUSE OF REPRESENTATIVES of Georgia's most dedicated and respected Suppliers and Nonproliferation project at the educators come to min~those on behalf of Thursday, May 30, 1991 Monterey Institute for International Studies. Reid Brown. Principal at West Side School Today's case study concerns a German na­ Mr. YATRON. Mr. Speaker, I rise today to since 1969 and Marietta city schools teacher tional who, as a middle man, helped aid the honor Rev. Joseph D. Forgotch who will cele­ and administrator for the past 35 years, Mr. nuclear weapons programs of such countries brate the 50th anniversary of his ordination to Brown has devoted his life to education in as India, Pakistan, Argentina, and South Afri­ the priesthood on June 8, 1991. I am proud to .hopes that, as a result, greater opportunities ca. For years we complained to the German be able to come here before the House and will be offered to the young people of this Government to do something, and for years tell you about this outstanding citizen. State. And in return, these youngsters will be they did nothing. Ordained to the priesthood on June 7, 1941, able to give back to the world through what I have introduced legislation that would hit Father Forgotch celebrated his first Mass on they have earned and learned. It is with re­ these proliferation profiteers directly. Under my June 8, 1941, in St. Mary's Church in gret, yet pride, that we watch Mr. Brown retire bill, (H.R. 830) any foreign firm which exports Mahanoy City, PA. His first appointment was this year. nuclear equipment, materials, or technology or at a Harrisburg Diocese which was followed Born in Gainesville, GA, Mr. Brown lived in dual-use nuclear items without the proper by a year of service to St. Mary's Church in Dewey Rose, Elbert and Newnan, GA before safeguards will have its goods barred from en­ Shamokin, PA. He was subsequently trans- moving to Marietta where he attended first tering the United States. We can take away grade at Waterman Street School. He was the world's largest and richest market from lThese case studies were compiled by Cameron graduated from Osborne High School which at these nuclear wheelers and dealers. Binkley from articles held in the Emerging Nuclear that time consisted of only 11 grades. Suppliers and Nonproliferation Project database. The validity of information contained within each While attending the University of Georgia case study is based solely upon its original sources. and Carson Newman College, Mr. Brown 12910 EXTENSIONS OF REMARKS May 30, 1991_ learned more than anything else he wanted to lican colleagues on the Employment Opportu­ FREE SPEECH UNDERMINED: THE make a difference in the lives of others. He nities Subcommittee, the Job Training Partner­ RUST VERSUS SULLIVAN DECI­ chose to pursue this goal through teaching. ship Act Amendments of 1991. These amend­ SION After earning a degree in education, Mr. ments have been transmitted to us by the Brown joined Marietta city schools in 1956. Secretary of Labor, and provide key language HON. GLENN M. ANDERSON During his career, he served as an 8th grade to fine tune a program that has proven to be OF CALIFORNIA math teacher at Marietta High School and at successful in placing disadvantaged workers IN THE HOUSE OF REPRESENTATIVES Park Street Elementary, principal at Waterman into unsubsidized employment. Thursday, May 30, 1991 Street School, and principal for 22 years at These amendments improve the targeting of West Side. In 1985, West Side was selected Mr. ANDERSON. Mr. Speaker, last week JTPA Programs to those with the most serious as a school of excellence, the first Marietta the Supreme Court issued its much antici­ barriers to employment, enhance the quality of City School to be so chosen. pated opinion in Rust versus Sullivan. In a 5- Mr. Brown has been a teacher, a leader, a services, promote coordination of human r~ to-4 decision, the Court upheld President Rea­ mentor, but most of all a friend-to young and source programs serving the disadvantaged, gan's gag rule prohibiting the discussion of old-during his years in the Marietta schools and strengthen fiscal and program account­ abortion in federally subsidized family planning system. Whether dressed up as "The Cat in ability. These amendments are designed to clinics, thereby deeming the suppression of the Haf' for Storybook Characters Dress Up promote job placement, retention, and long­ free speech on the basis of public funding Day with the children or working with other term employability. constitutionally acceptable. For those oppo­ teachers and school administrators for improv­ Many of the provisions in this bill are similar nents of abortion, let me assure you that Rust ing the delivery of education in our State, Mr. to those which were submitted by the Depart­ versus Sullivan does not revolve around the Brown will long be remembered for his per­ ment in 1989, and included in a bill that the issue of abortion. Instead its impact falls sonal and professional contributions. We wish House passed by a substantial margin during squarely upon the first amendment and its him well in his retirement. The lives of many the last Congress. However, several of the guarantee of free speech. Those who are of us, especially his students, have been en­ provisions that caused concern in the previous committed to ending the practice of abortion riched because he reached out to touch us. bill have been modified to reflect greater con­ should reexamine their enthusiastic accept­ sensus and incorporate compromises that had ance of this opinion. For what has been re­ stricted is not abortion, but a patient's and a been forged during the closing days of the last THOMAS JEFFERSON MIDDLE doctor's constitutional right to free speech, no Congress. SCHOOL AND THE BILL OF RIGHTS matter the presence of a Federal subsidy. Mr. This bill does not disrupt the public-private Speaker, this is an opinion which seeks not to HON. ROMANO L MA1ZOU partnership structure of the current law. It re­ uphold the Constitution, but instead under­ tains the outcome orientation through improve­ OF KENTUCKY mines that great document. Our first amend­ IN THE HOUSE OF REPRESENTATIVES ment of the performance standards, and it ment right to freedom of speech is not only continues the strong emphasis on training. Thursday, May 30, 1991 our most vital, but the most easily infringed. I One area of particular concern that has been fear the Court may have taken the first step Mr. MAZZOU. Mr. Speaker, for 4 years, stu­ addressed substantially in these amendments on a slippery slope which will s~rve to steadily dents at Thomas Jefferson Middle School in is fiscal accountability. These amendments re­ undermine the sanctity of the first amendment. my hometown of Louisville, KY, have been quire the Governors to establish and imple­ In an action that I feel historians will surely working on "Project Liberty" to celebrate the ment procurement standards, closely monitor criticize, President Reagan imposed a gag rule bicentennial of the Bill of Rights to the Con­ compliance, and take corrective action where on Government-subsidized family planning stitution, which will occur on December 15, problems arise. clinics which forbid medical personnel at these 1991. Despite my belief that I believe these clinics from mentioning the existence of abor­ These outstanding students-led by Angel amendments are an improvement over the tion or even answering questions about the Burke, Melissa Durbin, Amanda Milstead, and previous proposal, I am still not in total agree­ procedure if asked by their patients. Since fed­ Rhonda Wells-have succeeded in having leg­ erally funded family planning clinics are al­ islation passed by the Kentucky General As­ ment with every provision that this bill con­ tains. By introducing these amendments we ready forbidden to perform abortions, this case sembly requiring the Biii of Rights to be dis­ did not touch upon that contentious subject. played in every classroom in our Common­ are assuring that the Department's position on how JTPA can be strengthened will be part of Instead, the issue at hand was what a doctor wealth. may or may not say to his patient in the con­ Also at the behest of the students, the Ken­ the negotiations when we work with the major­ ity to develop a bill that we can consider in text of a federally subsidized service. Nor was tucky General Assembly passed a resolution this a case about the limits on the ability to committee and bring to the House floor. As encouraging other States to join the Common­ advocate abortion. This gag rule forbids doc­ the title of the current law connotes, we all wealth in posting the Bill of Rights in class­ tors from even mentioning or answering ques­ rooms. must be partners in this effort. tions about abortion. I commend and congratulate these Thomas I look forward to working with the adminis­ Consistent with an ever creeping progres­ Jefferson Middle School students, their teach­ tration and my colleagues on both sides of the sion to overturn Roe versus Wade, the Court ers, faculty advisers, and parents on their ef­ aisle, to develop a strong bipartisan proposal has declared the Reagan gag rule constitu­ forts to honor and celebrate the bicentennial of that will address the core issues that need to tional. Chief Judge William Rehnquist, writing the Bill of Rights, the first 10 amendments to be modified in order to improve the current for the majority, explained the logic of his deci­ the Constitution which ensure basic human law. JTPA does not need a major overhaul. sion as, "The government has no constitu­ and civil rights and freedom and liberty for all Nor should we focus on items that are extra­ tional duty to subsidize an activity merely be­ U.S. citizens. neous to our major purpose--to make JTPA cause the activity is constitutionally protected." I encourage my colleagues in the House to even more effective by improving the opportu­ Certainly that sounds reasonable. We have support similar programs in their districts. nities that our most disadvantaged workers found flag burning to be protected as free have to gain skills and become a part of the speech, but we obviously do not want to sub­ DEPARTMENT OF LABOR JTPA work force. These amendments move us a sidize those who put our Nation's symbol to AMENDMENTS OF 1991 long way toward that goal. I am confident that the torch. But let us examine the reverse for­ working together we will be able to send to the mulation of Mr. Rehnquist's statement. Does HON. WIWAM F. GOODLING President a bill that he can sign. One which the Government have the right to undermine the Constitution simply because the constitu­ OF PENNSYLVANIA achieves our goal of a more skilled and pro­ tional activity is publicly subsidized? Clearly IN THE HOUSE OF REPRESENTATIVES ductive work force. not. Thursday, May 30, 1991 Rust versus Sullivan is not a case about Mr. GOODLING. Mr. Speaker, I am pleased using public funds for abortion, or abortion to be introducing today, along with my Repub- promotion or abortion counseling. It is a case May 30, 1991 EXTENSIONS OF REMARKS 12911 about imposed Government limits on free and the former mayor of New York City, Ed­ tlements on the West Bank because, while speech. Suppression of speech cannot be tol­ ward I. Koch. I believe you will find Mr. Koch's they are not illegal, they constitute an ob­ erated, no matter the origin of financing. Yet statement to be of interest. stacle to peace; and simultaneously, the Arab states should end their boycott of com­ the opinion handed down in Rust versus Sulli­ [From the New York Post, May 17, 1991) panies doing business with Israel-preferably van represents a case where five men have ISRAEL'S BACKERS DISTURBED BY BAKER the total boycott, but at the very least, the found it convenient to do just that on the basis (By Ed Koch) secondary boycott. It, too, is an obstacle to of their own moral convictions. What if Saddam Hussein had marched peace. Rust versus Sullivan begs the question, through Jordan to attack Israel instead of The Arab League recently demonstrated what is next? Certainly this is a harbinger of invading Kuwait? Would the United States its true feelings about peace with Israel by what will happen to Roe versus Wade when it have marshaled 550,000 American troops on adding 110 companies to the boycott list. To his credit, Baker had asked the Arab states is visited by the Court in the next year. But Israel's soil to defend it? Some Bush admin­ istration officials have told me yes. We will to end the boycott as a confidence-building that is a secondary consideration compared to never know. gesture on their parts. But how did Baker re­ this case's clear and devastating impact on But based on recent indications by Sec­ spond to this expansion of the boycott list-­ the first amendment. Justice Blackmun writes, retary of State James Baker, supporters of which flew in the face of his request? The si­ The majority professes to leave undis­ Israel have cause for uneasiness. Baker lence on the Potomac was deafening. turbed the free speech protections * * * but should be commended for his recent trips to The United States has enormous IOUs due one must wonder what force the First the Middle East wherein he pressed Israel it from Saudi Arabia, Kuwait, Egypt and Amendment retains if it is read to and the Arab states to agree to a peace con­ Syria. Why won't we cash them in? As the counterance the deliberate manipulation by ference. King of Siam said in "The King And I:" "T'is the government of the dialogue between a However, Baker should be criticized for a puzzlement." woman and her physician. giving the impression-directJindirect, stat­ Where does it stop? Justice Blackmun ed/unstated-that only Israel, and not the various Arab states, is intransigent. The CATHOLIC CITIZEN OF THE YEAR notes, "for if a right is found to be unenforce­ Arab states go without rebuke from the sec­ AW ARD FOR THE MOST REV­ able, even against flagrant attempts by gov­ retary. Indeed, he praised them for their con­ EREND ANTHONY M. PILLA, D.D., ernment to circumvent it, then it ceases to be ciliatory stance. The way they have dem­ BISHOP OF CLEVELAND a right." Will we next declare that teachers onstrated a desire for conciliation is a mys­ cannot discuss certain subjects in schools, tery. This one-sided criticism on Baker's HON. MARY ROSE OAKAR which are certainly federally and State funded, part gives pause to supporters of Israel. OF OHIO because certain groups find the subject which Israel's supporters are also troubled by IN THE HOUSE OF REPRESENTATIVES might be discussed repugnant? If we uphold Baker's easy acceptance of Saudi Arabia's refusal to participate in direct peace nego­ Thursday, May 30, 1991 the dissemination of one-sided, partial infor­ tiations. The Saudis use the lame excuse mation, coupled with the deliberate suppres­ that they have no common border with Is­ Ms. OAKAR. Mr. Speaker, I am honored sion of conflicting viewpoints-otherwise rael. What about the Red Sea? today to recognize the Most Reverend An­ known as propaganda-in family planning clin­ And haven't the Saudis financed every war thony M. Pilla, Bishop of Cleveland, who has ics, will we also uphold it in schools? against Israel since Israel's inception? Now been named Catholic Citizen of the Year by Mr. Speaker, this House differs greatly on they say they will come to a peace con­ the greater Cleveland chapter of the Knights the matter of abortion, but that justifiable dif­ ference only as "observers." And Syria re­ of Columbus. The award will be presented on ference must not allow a decision which some fuses to have face-to-face talks of any kind June 4, 1991, in Cleveland, OH. with Israel. Isn't their refusal to negotiate will find temporarily comforting from deterring an obstacle to peace? Why is Israel always Despite declining church revenues, despite us from our duty to protect the Constitution. the target of public criticism while the increased unemployment, during his first dec­ My colleagues must understand that there is Arabs remain unscathed? ade of his episcopacy, Bishop Pilla ignored no middle ground here. Freedom of speech is Baker errs if he believes that Israel will warnings to retrench and each year, from a right sacrosanct to democracy. Indeed, it is take unilateral measures which will under­ 1980 to 1990, increased his annual Catholic a democracy's foundation. The Court's deci­ mine its ability to defend itself. The Israelis Charities Campaign to the ever-growing needs sion in Rust versus Sullivan forces, in the will not do that just to please their critics. and care of his flock. After World War I, the words of Harvard Professor Kathleen Sullivan, The position of Israeli strategies like Gen. original goal of the Diocesan Charities Corp. Areil Sharon, now a member of the Israeli was to look after widows and orphans. Today, "he who takes the king's shilling to become Cabinet, is that Israel should retain the West the king's mouthpiece." In an age when gov­ Bank not for religious reasons or for the cov­ there are hundreds more medical agencies to ernment is an active player in most facets of enant with God as referred to in the Bible, be supplied, and thousands more calls for as­ our society, can we allow this? Will we con­ but for its strategic military importance. In sistance for the mentally ill, the aged, the sent to allow our democratic Government to order to protect itself from invasion, Israel homeless, the disabled, and the chronically undermine the very guarantees upon which needs to control the road from Tel Aviv to sick of the diocese. that same Government rests? I think we can­ the Jordan River, with Israeli settlements on Bishop Pilla is a native son of Cleveland. He not. As a result of Rust versus Sullivan, 4 mil­ the high ground on both sides of that road was born November 12, 1932, the son of providing security. From a military point of lion women now have had their free speech view, it is difficult to dispute Sharon's anal­ George Pilla, deceased, and Libera Nista Pilla. right undermined. This must not remain un­ ysis. He has an older brother, Joseph. He was edu­ challenged. I urge my colleagues to add their Israel can only give up the occupied parts cated in Ohio and has a bachelor of arts in names to the "Title X Pregnancy Counseling of the West Bank if it can be assured that philosophy and a master of arts in history from Act," which would overturn this decision.- We the Arabs have renounced the option of war. John Carroll University. His formal education may stand divided on abortion, but we must Otherwise, it would be madness to forfeit the also includes Borromeo College Seminary in not stand divided on preservation of the first security of the West Bank, which acts as a Wickliffe, OH, and St. Mary Seminary in amendment. 70-mile buffer zone for Israel. Cleveland. Bishop Pilla was ordained to the Just as the United States would never have priesthood at St. John Cathedral in Cleveland agreed to unilateral disarmament vis-a-vis the Soviet Union, Israel should not embrace on May 23, 1959. Pope John Paul II named REMARKS BY EDWARD I. KOCH IN such an approach with regard to the Arab him ninth Bishop of Cleveland on November DEFENSE OF ISRAEL states. 18, 1980, and was installed on January 6, Instead the United States should propose a 1981. HON. Bill GREEN quid pro quo arrangement between the Arabs Bishop Pilla is extremely active in commu­ and the Israelis: If a specific confidence­ nity affairs. In addition to his church work, he OF NEW YORK building measure for peace is taken by one IN THE HOUSE OF REPRESENTATIVES served on the board of directors of the Catho­ side, there would have to be a simultaneous lic · Communications Foundation, the board of Thursday, May 30, 1991 and comparable action by the other side. It would be a useful start to the process if trustees of the Greater Cleveland Roundtable Mr. GREEN of New York. Mr. Speaker, I the secretary of state would publicly an­ and its race relations committee. He also should like to share with my colleagues an ar­ nounce that the United States favors the fol­ served as a member of the board of the ticle written by my friend, our former colleague lowing: that Israel give up creating new set- Greater Cleveland Literacy Coalition, Shoes 12912 EXTENSIONS OF REMARKS May 30, 1991 for Kids board of trustees, the Cleveland Res­ the Concerned Businessmen's Association of Mr. Speaker, it is a great honor to .recognize toration Society Advisory Committee, and on America "Set a Good Example" contest. Rev. Francis N. McDavitt before you and my the advisory committee of the Jewish Big Clifdale Elementary was chosen first nation­ colleagues here in the House of Representa­ Brother/Big Sister Association. ally from among 824 schools in a competition tives. Upon celebrating 50 years of outstand­ Bishop Anthony Michael Pilla has devoted for the best antidrug project designed and run ing service to the church and the community, his life to the Christian concept of helping and by the students. The competition called for the I would like to thank Father McDavitt for all he caring for others. No one is more qualified students to design a project around the theme has done and wish him best of luck in the fu­ than Bishop Pilla to be recognized as the "Set a Good Example-Don't Use Drugs." ture. Catholic Citizen of the Year by the greater The Clifdale students called their work Project Cleveland chapter of the Knights of Columbus. S.A.F.E. S.A.F.E. is an acronym for study hard, INTRODUCTION OF THE MEDICARE achieve as much as you can, feel good about PRESCRIPTION DRUG ACT OF 1991 A TRIBUTE TO GEORGE AWKWARD yourself, and encourage others to be safe. Their program exemplifies 21 traditional values HON. FORTNEY PETE STARK HON. NEWf GINGRICH contained in the book "The Way to Happi­ OF CALIFORNIA OF GEORGIA ness," which can help these young people IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES succeed. Their belief is that by becoming prcr Thursday, May 30, 1991 ductive, self-confident, successful human Thursday, May 30, 1991 beings, they will learn that the key to happi­ Mr. STARK. Mr. Speaker, I rise today to in­ Mr. GINGRICH. Mr. Speaker, today is the ness lies in becoming-and staying-drug troduce H.R. 2500, the Medicare Prescription 50th birthday of a valued employee and friend, free. Drug Act of 1991. This bill would provide enor­ George Awkward. I would like to take a few The lessons taught and learned by the stu­ mous assistance to millions of Medicare bene­ minutes to recognize and thank George for his dents of Clifdale Elementary School are ficiaries. This bill would restore what many outstanding contributions, not only to the U.S. echoed in the school alma mater, which reads: considered the single most important benefit House of Representatives, but also to his When days are golden, included in the Medicare Catastrophic Cov­ community, friends, and family. We will remember with erage Act of 1988: Medicare prescription drug For over 20 years, George served as an of­ Hearts full of love and pride, coverage. ficer of the Metropolitan Police Force in the A school that gave us hope Unlike most other health care expenses, District of Columbia. His 11 years of service And Wisdom prescription drug expenditures are neither cov­ with the Capitol Hill Police has earned George Which through our lives ered by Medicare nor by most private Medi­ the respect of both his colleagues, friends, Will be our guide. care supplemental insurance-Medigap--poli­ and all of us who have been fortunate to work Oh Clifdale, Clifdale, home of cies. Our colors yellow and blue. Many senior citizens require multiple pre­ with him. The loyalty and friendships that he Clifdale, Clifdale has established during his tenure on the Hill We sing our praise to you. scriptions each year in order to manage best illustrate the respect and loyalty George chronic conditions and to treat numerous Mr. Speaker, I hope you will join me in ex­ acute health problems. Without public cov­ has so deservedly earned. tending thanks to the Concerned Business­ My good friend Senator-and former Re­ erage or private insurance, seniors are forced men's Association of America and the local to pay substantial sums out-of-pocket to buy publican whip-TRENT LOTT took me aside the sponsor of the competition, Dr. William day I was elected Republican whip to brief me the medications they need to survive. In some Bledsoe, for their work in organizing this learn­ cases, they take a chance and do without their on my new-found duties. TRENT informed me ing experience. Once again, congratulations to that no matter what else I decided to do dif­ prescribed medication, because they simply the students, parents, and teachers of Clifdale cannot afford the expense. ferently as whip, I couldn't do any of it effec­ Elementary School for a job well done. tively or efficiently without the help of George A Medicare prescription drug benefit was Awkward. At the time, I didn't understand just one of the first program modifications consid­ how important the advice was; 2 years later, ered after enactment of the Medicare Program TRIBUTE TO REV. FRANCIS N. more than 25 years ago. A 1969 report issued I can honestly say I know precisely what MCDEVITT TRENT LOTT meant. by the then Department of Health, Education My most recent predecessor as whip, Sec­ and Welfare led the Senate to pass a pre­ retary of Defense Dick Cheney, often stops by HON. GUS YATRON scription drug benefit in 1972. Unfortunately, the Capitol to see how things are going. I dis­ OF PENNSYLVANIA the benefit was never enacted. covered the magnitude of George's influence IN THE HOUSE OF REPRESENTATIVES After years of experience with public cov­ when the Secretary of Defense asks me not erage of prescription drugs through the Medic­ Thursday, May 30, 1991 how things are going on the floor, but instead aid system and the Veterans' Administration asks how George is doing. Incidents like these Mr. YATRON. Mr. Speaker, I rise today to system, Congress enacted a new Catastrophic cause me to worry that if George ever leaves, honor Rev. Francis N. McDavitt who will cele­ Coverage Act. Unfortunately, this crucial new my former colleagues might stop calling and brate the 50th anniversary of his ordination on benefit was revoked only 1 year later with the visiting. June 7, 1991. I am proud to be able to come repeal of the 1988 act. I feel very fortunate to have had the oppor­ here before the House and tell you about this The need for improved prescription drug tunity to work beside George Awkward. On outstanding citizen. coverage has become increasingly evident this special day, I thank him for his hard work After studying for the priesthood at Saint over the past few years. According to most re­ and dedication, and Marianne and I wish him Charles Seminary, Father McDavitt was or­ cent projections for 1992: a very blessed and happy birthday with our dained at the Cathedral of Saints Peter and One-third of seniors will spend over $650 best wishes for many, many more. Paul in Philadelphia on June 7, 1941. He cele­ per year for their prescription drugs; and brated his first mass at Saint Joseph's in One in five seniors will spend over $1,000 Reading where he again will be joined this per year for their prescription drugs. A JOB WELL DONE year for his 50th anniversary. Father McDavitt While the data indicate that average out-of-­ has played an integral part in the community's pocket expense is high, particularly for seniors HON. EUZABETII J. PATIERSON activities, and his patience and caring both in with modest means, these figures do not OF SOUTH CAROLINA and outside of the church have been clearly begin to illuminate the exorbitant prescription IN THE HOUSE OF REPRESENTATIVES evident over the years. Father McDevitt's 50 drug expenses incurred disproportionately by years with the church represents half of a cen­ seniors with functional impairments, disabled Thursday, May 30, 1991 tury of dedication and love rarely seen in the persons, seniors in poor health, and seniors Mrs. PATIERSON. Mr. Speaker, tomorrow hurried times of the present decade. It is for who are near poor. morning, Clifdale Elementary School in this, that the community and I express our According to a report to Congress issued by Spartanburg, SC, will be awarded first place in deepest gratitude to Father McDavitt. the Department of Health and Human Serv- May 30, 1991 EXTENSIONS OF REMARKS 12913 ices, "Expenses Incurred by Medicare Bene­ The absence of an outpatient prescription The administrative allowance would be up­ ficiaries for Prescription Drugs" in May 1989, drug benefit has created a black hole in the dated annually by the implicit price deflator Medicare beneficiaries purchased on average Medicare Program. Prescription drugs are as for the gross national product. The Sec­ 15.3 prescription drugs per year. However, in­ vital to the health of seniors as physician vis­ retary would be permitted to reduce the ad­ ministrative allowance for drugs dispensed dividuals with functional impairments-meas­ its, lab tests, and other services readily cov­ through a mail service pharmacy. ured by two or more AOL impairments-used ered under the program. This void makes no The Secretary would establish a program 26.2 prescriptions per year, and individuals in sense-particularly at a time when seniors rely to assure appropriate prescribing and dis­ poor health used over 31 prescription drugs increasingly on costly and life-sustaining medi­ pensing practices. This program would iden­ per year. cations. tify: inappropriate prescribing and dispens­ Among low-income severely disabled elder­ I urge my colleagues to join this effort to ing practices; substandard care; and poten­ ly, the financial burden of prescription drug modify the Medicare Program to include cov­ tial adverse reactions. coverage is particularly alarming. According to erage for outpatient prescription drugs. Certain technical and conforming changes would be made, including changes in the a report issued by the Urban Institute, "Se­ A section-by-section description of the bill treatment of drug benefits, or the cost of verely Disabled Elderly Persons With Finan­ follows this statement. drugs, provided in health maintenance orga­ cially Catastrophic Health Care Expenses," THE MEDICARE PRESCRIPTION DRUG ACT OF nizations. based upon data from the national long-term 1991 The Secretary would publish a list of com­ care channeling demonstration project, pre­ parative wholesale prices of commonly pre­ scription costs account for over 56 percent of SECTION-BY-SECTION DESCRIPl'ION scribed outpatient drugs, and distribute the out-of-pocket expenses for severely disabled Section 101: Title. list to hospitals, physicians, Social Security senior citizens. Section 201(a): Coverage of expenses for offices, senior citizen centers and other ap­ Severely disabled individuals below the pov­ prescription drugs and insulin. propriate places. Would add "covered outpatient drugs" to Section 201(c): Participating pharmacies; erty level with prescription drug expenses, services covered under Part B, effective Jan­ civil monetary penalties. spent on aveage 66 percent of their income uary 1, 1993. A covered outpatient drug is de­ Provides for the establishment of a partici­ out-of-pocket for their medical care. This com­ fined as one that: (1) is dispensed only based pating pharmacy program. Pharmacies pares to 40 percent spent by severely dis­ on a prescription (2) is approved for safety would enter into annual agreements with the abled individuals above the Federal poverty and effectiveness under the Federal Food, Secretary to be participating pharmacies. level. Even the poorest of seniors, those living Drug, and Cosmetic Act; (3) in the case of bi­ Such pharmacies would agree to accept as­ below the Federal poverty line, may not be ological products, is licensed under the Pub­ signment on all Medicare claims for covered covered by State Medicaid plans for their pre­ lic Health Service Act; (4) insulin; (5) drugs outpatient drugs, keep appropriate records, scription drug expenses. that are identical, or similar, to drugs used to provide Medicare beneficiaries on with in­ or sold prior to the drug Amendments of 1962; formation on drugs, and to advise bene­ The Medicare prescription drug bill of 1991 and (6) so-called "DESI" drugs for which the ficiaries on the availability of therapeuti­ would provide substantial relief to senior citi­ Secretary has not issued a notice for a hear­ cally equivalent covered outpatient drugs. zens. In general, the provisions of this bill are ing. The Secretary would establish, by not similar to the components of the prescription Drugs provided as part of, or incident to later than January 1, 1993, a point-of-sale drug . benefit enacted in the Medicare Cata­ hospital, nursing home, hospice and physi­ electronic system for use by carriers and strophic Coverage Act of 1988. The principal cian services, dialysis supplies, vaccinations, participating pharmacies to use to submit differences between this proposal and the re­ and certain other services, would not be cov­ claims for covered outpatient drugs. pealed benefit is that coverage for outpatient ered under this Act. They are, generally, al­ The Secretary would provide each partici­ ready covered under other provisions of the pating pharmacy with a distinctive emblem, prescription drugs would be a regular part B Medicare program. and, on request, such electronic equipment benefit. Like other part B benefits, beneficiary Drugs that are intravenously provided in and technical assistance as the Secretary de­ premiums would fund 25 percent of the cost of the home would not be covered. termines may be necessary for the pharmacy drug benefit. The remaining 75 percent of Section 201(b): Deductible and Payment to submit claims electronically. costs would be funded through general reve­ Amounts. The Act establishes civil monetary pen­ nues. Provides that no payment would be made alties for pharmacies who violate participat­ With this proposal: until the enrollee has met the annual drug ing agreements, who charge Medicare pa­ Persons enrolling in part B would automati­ benefit deductible, except that the deduct­ tients more than they charge the general ible would not apply to immunosuppressive public, or who fail to provide information to cally be covered by the drug benefit, effective drugs provided in the first year following a the Secretary through the surveys used to January 1, 1993; transplant operation. These determine wholesale prices of covered drugs. After meeting a special $650 deductible, immunosuppressives are already covered Section 201(d): Limitation on length of pre­ Medicare caverage for outpatient prescription under Part B. scription. drugs would begin. The deductible would auto­ The deductible would be set at $650 in cal­ Payments for covered outpatient drugs matically increase by $50 each year; endar 1993 and would be increased by $50 each when the drug is dispensed in a quantity ex­ Beneficiaries would contribute a 2(}percent year. ceeding a 30 supply would be prohibited. The coinsurance payment as is now required for Program payments would be at 80 percent Secretary may, in exceptional cases, author­ of the lesser of the actual charge for the drug ize payments for a quantity of up to a 90 day other part B benefits; and a payment limit. The payment limit supply. Approximately 35 percent of Medicare en­ would vary depending upon whether the drug Section 201(e): Use of carriers, fiscal rollees would benefit from this prescription is a single or multiple source drug. intermediaries, and other entities in admin­ drug coverage in 1993; The payment limit for single source drugs, istration. Unlike the prescription drug benefit enacted and for multiple source drugs with restric­ The use of contracts with entities other in the Medicare Catastrophic Coverage Act of tive prescriptions, would be the lesser of: (1) than carriers and fiscal intermediaries to 1988, this bill does not include .coverage for the 90th percentile of actual charges for the process claims for covered outpatient drugs home intravenous [IV] drug therapy. The costs drug within a geographic area, and (2) the would be authorized. The functions of car­ sum of an administrative allowance plus the riers would be amended such that they would and appropriateness of this therapy is being average wholesale price. The administrative provide information to pharmacies as to studied by the Office of Technology Assess­ allowance would be S5 per prescription if the whether an individual has met the annual ment, and a report is expeRESENTATIVES culture. This act will make possible the ex­ Crosstown are as follows; namely: Thursday, May 30, 1991 change of students from countries not usually Millions represented in our universities and colleges: Fiscal year 1992 ...... $2. 75 Mr. WOLPE. Mr. Speaker, the communica­ The Third World nations, the emerging democ­ Fiscal year 1993 ...... 5.00 tions revolution of the last two decades has racies, and nations in search of democracy. It Fiscal year 1994 ...... 35.00 brought the peoples of the world together as is not surprising that a number of the students Total ...... 42. 75 never before. And because of this, we are who pleaded for democracy in Tiananrnen forced to confront challenges of a complexity This request is made with the understand­ Square attended schools in the United States. ing that such funds would be granted beyond never before encountered: overcrowding and American students studying in these nations the highway entitlement available to the starvation threaten the majority of the Earth's will promote a realistic view of our culture State of Minnesota in the Federal Surface population; terrorism ranges over six con­ while studying the culture of the host country. Transportation Bill. tinents; regional strife never ceases; and the They will return to the United States with a Earth, itself, is threatened by the human life it broader understanding of the world in which MAY 16, 1991. sustains. So intertwined are all the nations, Re Trunk Highway 610 Crosstown inclusion we live, and with greater insight and sensitiv­ that the invasion and liberation of tiny Kuwait ity. Their cross-cultural perspectives will both in the 1990 Federal highway authoriza­ drew the attention of the entire world. tion bill. serve American interests and help in the fash­ Hon. DAVID DURENBERGER, In Eastern Europe fragile democracies ioning of a more prosperous and stable world Hon. GERRY SIKORSKI, reign, but without entrepreneurial skills they order. Hon. MARTIN SABO, are doomed. Economies in much of Latin One specific benefit of this exchange will be Hon. JAMES OBERSTAR, America have collapsed, leaving the drug car­ the development of new, international markets. Washington, DC 20510 tels in control of many markets. The nations of For every billion dollars of goods we export, DEAR CONGRESSIONAL DELEGATION: We, the Africa cry out for food, but no long-term solu­ undersigned Minnesota State Legislators, 25,000 jobs are created. At this time the Third tions of Africa's economic predicament are in World buys 35 percent of our exports. New support the construction of the second phase place. And the United States has become the of the TH 610 Crosstown. We are writing ask­ markets here and abroad will work to the ad­ ing for your support. largest debtor nation in the world, more de­ vantage of both the United States and our The corridor communities and neighboring pendent than ever on the international market. Third World trading partners. cities are asking that a second phase of this Our economic problems are further reflected The students who participate in this edu­ project be funded as a demonstration project by a rapidly expanding European Common cational exchange will provide a foundation for from the Federal Surface Transportation Act Market, a post-World War II 65-percent world a more stable world. The friendships they of 1991. market share that has declined to 18 percent, forge, here and abroad, will provide a basis for The reasons that we support this project and a banking system that once included 8 of are: cooperation. Their understanding of language the 10 largest banks in the world, but is no and culture will produce realistic goals and so­ 1. It provides a critical link connecting 1- longer represented among the top 20. 94 and I-35W for the 860,000 people who live in lutions to difficult problems. And future leaders the communities of the North Metro area. Solutions must be forthcoming. We must will share a common knowledge and experi­ 2. The roadway has been identified as a find ways to develop an understanding be­ ence. These are the benefits of the exchange. "significant metropolitan facility." tween ourselves and others that will simulta­ Through these benefits we take one more step 3. The Metropolitan Council supports this neously benefit emerging democracies, Third toward a more peaceful world. project and in fact identified the second World nations, and the people of the United bridge over the Mississippi River as the high­ States. Through such understandings human est priority in the Twin City metropolitan suffering can be alleviated, global pollution area. JEMEZ NATIONAL RECREATION 4. The roadway will take advantage of ex­ can be reduced, economic stability can be at­ AREA isting highways to complete a crosstown tained, and the threat of terrorism can be link. checked. HON. Bill RICHARDSON 5. The corridor communities have identi­ But solutions and understandings are not OF NEW MEXICO fied this transportation project as their possible without a fundamental knowledge of IN THE HOUSE OF REPRESENTATIVES highest priority. the cultures and languages of the global com­ We request your support in securing fund­ munity. Unfortunately, few Americans can lo­ Thursday, May 30, 1991 ing in the amount of $42.75 million for the cate our foreign neighbors on a map, much Mr. RICHARDSON. Mr. Speaker, I rise to second phase of this project in the 1991 Fed­ eral Highway Authorization Bill. less identify their cultural characteristics. In a introduce legislation that would establish a na­ Thank you for your assistance. 10-nation survey young American adults tional recreation area in the Jemez Mountains Sincerely yours, ranked last in geographic knowledge. One in of New Mexico. The volcanically formed Bill Schreiber, 48A; Dee Long, 59A; Dick seven of all American adults cannot even lo­ Jemez Mountains in the Santa Fe National Pellow, 52B; Linda Runbeck, 52A; Te­ cate the United States on a map. In language Forest consist of approximately 900,000 acres resa Lynch, 50A; Charlie Weaver, 49A; we fare no better. While every Japanese high and are among the most prized public lands in Wayne Simoneau, 51B; Phil Carruthers, school student must be proficient in English New Mexico. Easy access and scenic sur­ 47B; Linda Scheid, 47A; Ann H. Rest, upon graduation, only 1 in 4 American stu­ roundings make the Jemez a highly popular 46A; Joel Jacobs, 49B; Warren E. Limmer, 48A; Alice M. Johnson, 51A; dents even attempt a foreign language-and public recreational area. Phil Heir, 50B; Lyndon R. Carlson, 46B. less than 3 of every 1,000 students study Jap­ During the 101 st Congress, I sponsored leg­ Senator William P. Luther, Senator Law­ anese. In Europe the Economic Community islation that designated the East Fork of the rence J. Pogemiller, Senator Carl W. has established a goal of fluency in two for­ Jemez River as wild and scenic and prohibited Kroening, Senator Steven G. Novak, eign languages for every student. the patent of any mining claims along the wild 12916 EXTENSIONS OF REMARKS May 30, 1991 and scenic area. While the wild and scenic 5. Wildlife Resources-The Secretary shall vital health care need for many hundreds of legislation protects the East Fork, there is sig­ give particular emphasis to the preservation thousands of poor women who go to these nificant mining activity throughout the area and protection of wildlife resources within health centers to receive a variety of screen­ the recreation area and comply with applica­ threatening the prestigious Jemez Mountains. ble Federal and State laws relating to wild­ ing and diagnostic services including routine In fact, the Jemez area is threatened by the life, Forest Service listed Sensitive Species, blood pressure checks, Pap smears. VD and pumice-mining operations of a single individual and the Endangered Species Act. other sexually transmitted disease cultures, who has filed for patent on approximately 6. Hunting-Hunting will be permitted in genetic testing, and blood tests that can detect 1,520 acres in the Jemez. As a result, there accordance with applicable Federal and anemia and diabetes. The clinics provide is overwhelming public sentiment to establish State law. many other services that run the gamut from a comprehensive management policy for the 7. Grazing-Grazing will be permitted with­ HIV counseling, to dispensing of contraceptive Jemez Mountains to protect it from mining. in the recreation area in accordance with current regulations. Riparian areas will be devices, to treatment for a variety of reproduc­ The bill I am introducing today would des­ managed in such a manner as to protect the tive system diseases and illnesses. Now, ignate approximately 70,000 acres of the important resource values. these and other necessary health care activi­ Jemez Mountains as a national recreation 8. Transportation Plan-Transportation ties will be jeopardized because the medical area, withdraw the area from any future min­ plan emphasizes efficient use of existing staff will no longer be free to offer their best ing claims, and prohibit the patent of any min­ roads and trails that provide for dispersed and most complete medical diagnosis and ing claims as of May 30, 1991. The bill would recreation while avoiding significant archae­ treatment protocol or risk losing Federal funds also require that the land be returned to its ological sites. and seeing the clinics disappear altogether. 9. Recreational Facilities-Emphasis on original state after any mining activity. The bill maintaining and expanding existing facili­ Just how many women do these clinics also includes provisions that respect and pre­ ties with minimal impact on scenic beauty reach and how many will be affected? One serve the rights of native Americans in the and primeval character of the recreation year ago, Planned Parenthood opened a new area, protects wildlife and cultural resources, area. clinic in my district. That clinic today serves and provides for the enhancement of rec­ 10. Visitors Facilities-Directs Secretary to three times the number of women the director reational facilities, including the establishment establish a visitors center and interpretive thought it would likely serve. For many of of a visitors center. Finally, the bill allows for facilities on or near the recreation area. these women, and others, family planning clin­ traditional multiple use to continue such as 11. Power Transmission Lines-In accordance with Federal and State laws and regulations, ics are their only source of primary health logging, grazing, hunting, and fishing. I urge the Secretary may permit transmission lines care. Clearly, there is a need for comprehen­ my colleagues to support this legislation. I if the Secretary determines that: 1) no fea­ sive family planning clinics. have included a section-by-section summary sible alternative; 2) damage to the rec­ The federally funded family planning clinics of the legislation. reational and scenic quality of the area will of which I speak are not abortion mills. We all JEMEZ NATIONAL RECREATION AREA not be significant and; 3) it is in the public know that the use of Federal funds for abor­ 1. Establishment and Purpose-To conserve, interest. tion services has been prohibited since 1976. preserve, and restore the recreational, eco­ 12. Acquisition of Land-The Secretary may It is ironic that the existence of family planning acquire lands within the recreation area by logical, cultural, religious, and wildlife re­ clinics-both federally and privately funded­ sources of the Jemez Mountains. donation, purchase, or exchange. The Sec­ retary may not acquire mineral interests have served to reduce the number of un­ 2. Area Included-Approximately 70,000 wanted pregnancies and have consequently acres. separate from surface (no mining). Lands ac­ 3. Mining- quired by the Secretary are withdrawn from reduced the number of abortions performed A. Withdrawal-Withdraws lands within location, entry and patent. each year. So why are those who most the recreation area from future mining. 13. State Lands-State lands may be ac­ vociferiously oppose a woman's right to make B. Limitation on Patent Issuance-No pat­ quired only by donation or exchange (Fed­ informed decisions about her reproductive ents shall be issued after May 30, 1991, for eral Govt. does not prefer purchase of state health, hailing the Supreme Court's decision land). any location or claim made in the recreation on the gag rule? What will happen if these area under the U.S. mining laws. Any party 14. Offers to Sell-The Secretary shall give prompt consideration to any offer made by clinics are forced to close? claiming to have been deprived of any prop­ Finally, Mr. Speaker, in a nation that has a erty right may file in the U.S. Claims Court private landowners within the recreation a claim against the U.S. within 1 year after area to sell. second-class housing system and a second­ enactment seeking compensation for such 15. Adjoining Lands-The Secretary may class education system for its poor, low in­ property right. from time to time evaluate lands adjoining come, and minority citizens, the Supreme C. Reclamation-Prevents any adverse ef­ the recreation area for possible inclusion in Court has just laid another brick in the founda­ fects on the resources or V$lues of the area the recreation area. tion of a second-class health care system for 16. Authorization of Appropriations-Author­ and assures complete reclamation of all dis­ poor women. turbed lands to a condition visually and ized to be appropriated such sums as may be hydrologically indistinguishable from their necessary. premining con di ti on. THE GOVERNMENT DOESN'T HAVE D. Mining Claim Validity Review-The UNLIMITED JURISDICTION Secretary shall undertake an expedited pro­ THE U.S. SUPREME COURT'S gram to determine the validity of all RULING ON THE GAG RULE unpatented mining claims within the area. HON. JOHN J. DUNCAN, JR. Such a determination shall be made within 2 HON. CARD~ COWNS OF TENNESSEE years after enactment. If a claim is deter­ OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES mined invalid, the Secretary shall declare the claim null and void. IN THE HOUSE OF RE~RESENTATIVES Thursday, May 30, 1991 4. Cultural Resources-Provides protection Thursday, May 30, 1991 Mr. DUNCAN. Mr. Speaker, it is a tragedy for cultural resources in accordance with the Mrs. COLLINS of Illinois. Mr. Speaker, I rise that so many people have come to expect the Archaeological Resources Protection Act to speak today in shock, sadness, and dismay Federal Government to take care of every little and the National Historic Preservation Act; 5. Native Americans at the decision of the U.S. Supreme Court to problem they experience in life. a) Provides non-exclusive access rights to uphold the so-called gag rule at federally fund­ I wish that we could afford this, but we sim­ the recreation area for Indian people for tra­ ed family planning clinics. This decision sus­ ply cannot. Our Government is badly broke ditional cultural and religious purposes; tains a policy that threatens women's lives, and deeply in debt. b) Directs the Secretary to request rec­ curbs the judgment of doctors and other medi­ Additionally, the Federal Government was ommendations from appropriate Indian cal professionals, and unfairly penalizes poor established by the Founding Fathers in the Tribes on methods to assure access to reli­ women. Constitution to be limited in its areas of juris­ gious and cultural sites, enhancing the pri­ diction. When we create more and more Gov­ vacy of traditional cultural and religious ac­ It is a sad fact that the far majority of tivities in the recreation area, and protect­ women who seek medical attention at clinics ernment agencies, we really are giving up our ing traditional cultural and religious sites in that receive Federal moneys, do so because liberties. the recreation area (same as El Malpias they cannot afford other, private medical serv­ Mr. Speaker, the civil government cannot Bill). ices. These family planning clinics serve a and should not be all-encompassing and pa- May 30, 1991 EXTENSIONS OF REMARKS 12917 ternalistic. Government should be limited in its homework. Of if they even check to see that Now the majority party, in a desperate at­ scope. That is the best way to preserve indi­ he's home at night. tempt to gather votes for this bill, is offering vidual liberty. A teacher in a city school has a room full compromise after compromise. They're claim­ of kids about six hours a day, nine months a ing this bill won't result in quotas, and are try­ Syndicated columnist Mike Royko recently year. Minus weekends, holidays and summer wrote about this in one of his columns. I com­ vacation. And they're supposed to make up ing to distance themselves from the effects mend this column to my colleagues and ask for what the parents fail to do the other 18 their bill will have. that it be reprinted in the RECORD. hours a day, plus weekends, plus holidays, Yet, in a recent Washington Post article, a A SHEDDING PROBLEM: DEMOCRATS MUST plus summer vacation. Democratic Member of the House said H.R. 1 MOVE AWAY FROM CONTROL BY GROUPS EX­ Then there is Armando. He lives in the would result in quotas, and Democratic politi­ PECTING FEDERAL FIXES Washington neighborhood where the riots cal professionals admit quotas are a political (By Mike Royko) took place this week. Armando says he is liability they're trying to avoid. My friends, civil I don't remember the exact date. But I angry at society. He has not found life in rights in America are too important for partisan should have made a note of it because it was this country good enough. Armando, 29, has been here nine months. politics. personally significant-the day I underwent Let's prove to our constituents-workers a change in my political and social views. He has a regular job as a waiter. He has a It began with a simple phone conversation, place to live. He is not suffering from mal­ and employers, male and female, of every much like dozens I get every day. nutrition. Nine months, a regular job, shel­ race and religion-that we're committed to civil The woman said: "I have a problem that I ter and a full tummy, and he's already com­ rights, not statistical quotas. Let's prove we wonder if you can help me with." plaining. I wonder if he's thought about giv­ can enact legislation with common sense and I asked her what the problem was. ing Bangladesh a try? fairness. Let's reject H.R. 1 for what it is-a Her voice rose in anger as she said: "I Or maybe he will stick around long enough quota bill, plain and simple-and instead work 1 to complain that his wife's mink coat is bought a mink coat about 2h years ago from for real civil rights legislation. (store name) on Michigan Avenue. And now shedding and demand that an agency resolve the coat is starting to shed. I've complained the problem. to the store, but they aren't doing anything Anyway, this is why I'm glad to see that about it. So I thought you might want to there has emerged in the Democratic Party a EDS SETTLES CASE OVER SECRET write about this." faction called the Democratic Leadership USE OF CREDIT REPORTS I told her that I was sorry, but I wouldn't Council. write about her shedding fur coat. It's made up of Democrats who have de­ HON. RICHARD H. LEHMAN "Why not?" she asked. cided that the party can no longer try to ap­ I explained that it was likely that many peal to e'lery special interest group that be­ OF CALIFORNIA readers have problems more serious than a lieves government must solve their prob­ IN THE HOUSE OF REPRESENTATIVES shedding mink coat and they might think it lems; that for every lack of individual re­ Thursday, May 30, 1991 a strange subject for a column. sponsibility, there is a government program; She accepted that. But then she asked: that for everybody who sticks out a hand and Mr. LEHMAN of California. Mr. Speaker, I "What agency should I call?" says "Where's mine?" there's an automatic am submitting the following article for inclusion Agency? handout. in the CONGRESSIONAL RECORD for the infor­ "Yes. Who handles problems like this?" These radical ideas have upset the Demo­ mation of my colleagues and the American You mean a government agency? crats who have been running the party for public. The article, "EDS Settles Case Over "Yes." the last few decades, giving us the political Secret Use of Credit Reports," was reported in I told her that if a government agency ex­ conventions that sent forth Dukakis, Mon­ the Washington Post on May 29, 1991. isted for the purpose of investigating com­ dale, McGovern and other giants. They say plaints about shedding mink coats, I wasn't these less weepy Democrats are abandoning EDS SETTLES CASE OVER SECRET USE OF aware of it. the party's traditions of compassion for the CREDIT REPORTS "Well, is there an agency that would downtrodden. (By Albert B. Crenshaw) know?" I don't agree. I think that what they're For the past few years, Electronic Data You mean a government agency that could saying is that they want to show the down­ Systems Corp., the big electronics arm of recommend another government agency that trodden how to get up so he doesn't get trod General Motors Corp., has been screening job deals with the problem of a mink coat that on anymore. applicants by checking out their credit his­ sheds? And I wish them success. If they don't tories. "Yes." make it, we might wind up with the Depart­ The problem is that EDS neglected to tell I told her I didn't know about that, either. ment of Shedding Mink Coats Investigations. the unsuccessful applicants that information "Then what should I do?" she asked. about them supplied by credit reporting You might talk to a lawyer. agencies had played a role in their rejection, "I don't see why I have to pay a lawyer for H.R. 1 according to the Federal Trade Commission. something like this. Isn't there anyone else That oversight violated federal law, the on your paper who handles things like this?" FTC charged, and yesterday EDS-without I'm afraid not. HON. CRAIG rnoMAS admitting it did anything wrong-agreed to "Well thanks a lot," she said, and hung up. overhaul its procedures and tell affected ap­ That's when I became convinced that poli- OF WYOMING plicants what happened as part of a deal with ticians, especially Democrats, had done too IN THE HOUSE OF REPRESENTATIVES the FTC to settle the charges. good a job of persuading many Americans Thursday, May 30, 1991 The EDS case is part of a broader look at that if they have a problem, just about any the credit checks by the FTC. It is a sen­ kind of problem, a social agency should be Mr. THOMAS of Wyoming. Mr. Speaker, as sitive issue because using credit reports to there to solve it. And if no agency exists, a the Congress prepares to consider H.R. 1- check on new hires is gaining favor among law should be passed creating one. the so-called civil rights bill-I rise to again employers. The practice is legal and, at the Why else would that woman have assumed call for common sense in our deliberations same time that other screening devices such that the great social safety net provides a and actions. as lie-detectors have been restricted, it has soft landing for someone whose mink coat is become increasingly popular among corpora­ shedding? Few things are more important than civil tions. Every day we hear about schools and how rights. Each and every citizen's right to work, Indeed, the credit reporting industry, they are failing to do the job. The adminis­ play, earn, and learn hinges on our Nation's which is concentrated in the hands of three trators get most of the heat, and they de­ civil rights laws. But in an effort to be politi­ large, highly automated companies, has serve some of it. The teachers take their cally appealing, the majority's bill winds up to­ begun marketing reports specially tailored knocks, and some need it. tally forgetting common sense, and results in for use by employers in screening job appli­ But you almost never hear about the fun­ quotas for hiring. cants. The companies are Equifax Inc., Trans damental reason so many kids drop out of My friends, the whole concept of civil rights Union Corp. and TRW Inc. However, critics contend that credit re­ school or muddle through without learning abhors the notion of quotas. And any kind of anything. Go to their homes and see how ports commonly contain errors that could many books or other forms of reading mate­ common sense rejects placing employers in a improperly knock an applicant out of the rial you'll find. Ah, but the TV set will be catch-22 situation where they must choose be­ running for a job. Currently, the main pro­ going full blast. Ask the parent or parents if tween genuine job qualifications and statistical tection a job-seeker has is the Fair Credit they ever check to see if the kid is doing quotas. Reporting Act, which requires that the appli- 12918 EXTENSIONS OF REMARKS May 30, 1991 cant be notified if a credit report is a factor SECTION 457 REFORM AND ferred compensation until paid even if they are in their rejection. SIMPLIFICATION ACT OF 1991 employed in the future. EDS, according to the Federal Trade Com­ Employees of tax-exempt employers not mission, had been running credit checks on HON. ROBERT T. MATSUI within the various classes set forth above are job applicants and had in some cases denied currently taxed on nonelective deferred com­ employment or rescinded a job offer based on OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES pensation. This obvious discriminatory and un­ the reports' contents. EDS failed to notify fair treatment would be ended by the Section these people as required by the credit report­ Thursday, May 30, 1991 ing law that the report had been used, and it 547 Reform and Simplification Act of 1991 by Mr. MATSUI. Mr. Speaker, I am today intro­ providing a uniform and equitable rule under failed to give them the name and address of ducing, along with Representative VANDER the credit reporting company that supplied which all employees and independent contrac­ JAGT, the section 457 Reform and Simplifica­ the report. tors of tax-exempt employers would not be EDS agreed to sent letters to everyone re­ tion Act of 1991. This legislation is intended to taxed on nonelective deferred compensation jected for EDS employment based on a credit provide equitable and uniform treatment of until paid or constructively received. report. The letters give the reason for the re­ nonelective deferred compensation under sec­ Mr. VANDERJAGT and I have been working jection and will identify the company that tion 457. Specifically, the bill provides that to address the problems created by the IRS's supplied the credit report. The company also nonelective deferred compensation is not tax­ interpretation of section 457 since 1987. We agreed to obey the Fair Credit Reporting Act able until paid or constructively received. have been pleased to enjoy the support of in the future and will keep documents for Under current law, employees of many tax-ex­ many of our colleagues in this effort, including the next five years to demonstrate its com­ empt organizations and State and local gov­ 22 other members of the Ways and Means pliance. ernments are taxed on nonelective deferred Committee who cosponsored and supported The settlement applies to job applicants compensation before they are entitled to re­ our legislation in 1987. The House version of rejected since Jan. 1, 1989. ceive it. Taxing such amounts prior to the time the Technical and Miscellaneous Revenue Act An EDS spokesman said that about 150 they are received is inappropriate because it of 1988 would have completely addressed the people will get the letters and that viola­ results in current taxation of amounts which-- problem but unfortunately only one-half of the tions had been technical. EDS employes First, the taxpayer has not received; about 60,000 people, he said. solution was accepted in conference. The Credit reports have grown increasingly im­ Second, the taxpayer never had the right to Committee on Ways and Means heard testi­ portant in recent years as sophisticated com­ receive; and mony from the section 457 task force, a coali­ puter technology has allowed credit bureaus Third, which the taxpayer may not actually tion of tax-exempt employers and organiza­ to collect, collate and transmit data on mil­ receive. tions which represents tax-exempt employers, lions of individuals. Crucial decisions rang­ Congress has already recognized the unfair­ on March 5, 1990, detailing the need to com­ ing from employment to the ability to ob­ ness of the general rule of current law, and plete the reform and simplification of section tain, say, a car loan often turn on their con­ has specifically exempted from this unfair 457. My bill would accomplish this much need­ tents. treatment many classes of taxpayers as fol­ ed reform and simplification. The industry insists that its reports are lows: EXPLANATION OF THE BILL highly reliable and that only a tiny fraction First, employees and independent contrac­ The bill exempts nonelective deferred com­ of the approximately 450 million reports sup­ tors performing services for taxable employers pensation from the scope of section 457. plied each year involve errors. are not taxed on either elective or nonelective Thus, nonelective deferred compensation is Critics, though, say the level remains too deferred compensation until paid. disregarded in determining whether a plan is high, given the importance of the decisions Second, independent contractors performing an eligible deferred compensation plan. Such involved. benefits also are not subject to the rule In the case of EDS and other cases that the services for tax-exempt employers are gen­ which includes such benefits in income when FTC expects to announce soon, "we're talk­ erally not taxed on nonelective deferred com­ they no longer are subject to a substantial ing about a system of credit reports where pensation until paid. risk of forfeiture if such benefits are not pro­ questions of reliability have been raised, and Third, employees of tax-exempt employers vided under an eligible deferred compensa­ we are talking about people who could be de­ performing services pursuant to a collective tion plan. Instead, nonelective deferred com­ nied a job on the basis of information in the bargaining agreement in existence on Decem­ pensation is taxed when received or, if appli­ credit reports," sayd Barry J. Butler, direc­ ber 31, 1987, are not taxed on nonelective de­ cable, earlier under the general principles of tor of the FTC's Bureau of Consumer Protec­ constructive receipt. ferred compensation until paid. The rule ap­ The Secretary is to provide a definition of tion. plies even if the employee is hired in the fu­ deferred compensation intended to provide He said the case involving EDS arose as ture. In some cases, this represents a perma­ fair rules while preventing abusive situa­ "part of a broader sweep to see who is using nent exception because certain collective bar­ tions. For purposes of this definition, it is in­ these . . . reports and how." He praised gaining agreements are permanently consid­ tended that the Secretary create a "safe har­ EDS's cooperation, adding that he hopes it ered to be in effect even though subject to bor" definition that makes it clear that any will have an educational effect on other em­ amendment. nonqualified deferred compensation plan or ployers. Fourth, employees covered by a plan main­ arrangement that meets the following cri­ "The goal is not to punish people; the goal teria be treated as nonelective: is to get voluntary compliance," Cutler said. tained by a church for church employees are Benefits are provided pursuant to the "There are many large companies that still not taxed on nonelective deferred compensa­ terms of a written plan or agreement either have to learn how to comply with this law." tion until paid. (a) approved by the employer's board of di­ Congress also has been looking into issues Fifth, State judges are not taxed on non­ rectors or other governing body (or by a surrounding credit reports. Several bills elective deferred compensation until paid. committee of such board or body), (b) au­ have been introduced that would further re­ Sixth, employees covered by a deferred thorized by State or local statute, ordinance strict uses of the reports. The law now allows compensation plan of a nonprofit corporation or regulations, or (c) provided under the anyone with "legitimate business need" to organized under the laws of the State of Ala­ terms of a collective bargaining agreement have access to these files. Consumer activ­ (or other similar agreement generally gov­ bama with respect to which the Internal Reve­ erning the terms of employees' employment ists are pressing amendments to give con­ nue Service issued a ruling dated March 17, sumers power to control distribution of their with employers); 1976, are not taxed on nonelective deferred The individual (or individuals) receiving files. compensation until paid even if they are em­ benefits under the plan or arrangement does The House Banking Committee's consumer ployed after March 17, 1976. not (or do not) vote (except in the case of affairs subcommittee is planning a hearing benefits provided pursuant to collectively on the subject next week. Seventh, employees covered by a deferred compensation plan with respect to which a let­ bargained agreements) in connection with ter dated November 6, 1975, was used to sub­ the decision of the board of directors or other governing body (or by a committee of mit the original plan to the Internal Revenue such board or body) approving such plan or Service, an amendment was submitted on No­ agreement; vember 19, 1975, and the Internal Revenue The written plan or agreement does not Service responded with a letter dated Decem­ grant the individual (or individuals) accru­ ber 24, 1975, are not taxed on nonelective de- ing benefits under the plan or arrangement May 30, 1991 EXTENSIONS OF REMARKS 12919 an option to receive increased current com­ negotiators to seek guarantees of fair trade WELCOMING PRESIDENT GEORGE pensation in lieu of plan participation or from South Korea. V ASSILIOU OF CYPRUS benefits; and either- (1) the compensation of individuals accru­ In my view, the United States cannot aban­ don the manufacture of these vital component ing benefits under the plan or arrangement HON. NICHOLAS MAVRO~ is not reduced as the result of the establish­ to foreign firms. Industry analysts have said ment or maintenance of the plan arrange­ that American firms have been hurt by internal OF MASSACHUSETTS ment, or barriers that have closed off the Japanese IN THE HOUSE OF REPRESENTATIVES (2) the plan applies to 100 percent of the semiconductor market to United States prod­ employees above a compensation level or of­ Thursday, May 30, 1991 ficer status specified by the employer that ucts. Japanese firms have also been accused does not change frequently over time. of dumping cheap semiconductors in the Unit­ Mr. MAVROULES. Mr. Speaker, I am If deferred compensation is provided pursu­ ed States in order to drive United States firms pleased to welcome President George ant to the terms of an individual employ­ out of business. Vassiliou to the United States. His visit with ment contract entered into by an executive Even with the current agreement with President Bush will offer an historic oppor­ or a managerial employee with his or her Japan, that country's semiconductor market tunity for our nations to proceed with bilateral employer (as opposed to a written plan or ar­ relations. Three months have passed since rangement under which more than one em­ has remained largely closed to United States companies. the conclusion of the gulf crisis, yet the prece­ ployee participates), the criteria described dent of successful United Nations actions re­ A new United States-Japanese Semi­ above will be deemed to be satisfied if de­ mains significant to the future of Cyprus. As ferred compensation provided under the con­ conductor Trade Agreement could open the tract is subject to substantial performance President Vassiliou of Cyprus commences his Japanese market to American chip manufac­ meetings with U.N. Secretary General Javier conditions (for example, the performance of turers and could include provisions for much a minimum of 3 years of service before bene­ Perez de Cuellar, I hope that the rejuvenated fits will be vested). The 3-year service re­ quicker resolution of complaints of "chip U.N. role in solving regional conflicts will be quirement also will be deemed to be satisfied dumping" on the world market. It could set the more effective and valuable. if the employee in question is being provided stage for a similar agreement with South Furthermore, I am hopeful that because with deferred compensation income under a Korea. President Turgut Ozal of Turkey demonstrated contract entered into within the 3-year pe­ Judging by past performance, I believe we riod preceding his or her termination of serv­ enormous cooperation with the United States ice which is in recognition of a period of sub­ can do a much better job of protecting our Na­ during the gulf crisis, he will show the same stantial service to his or her employer. tion's economic interests overseas, and I favor level of cooperation when working toward a a tougher stance in our trade talks with foreign solution to his own nation's position in Cyprus. countries. There are piles of studies docu­ My colleagues, there no longer exists an OJ> FAIR TRADE WITH SOUTH KOREA menting Japan's failure to remove many of its tion as to whether stability arrives for the Cyi:r traditional trade barriers. We need more imple­ riot people. It remains the right of every coun­ HON. MATillEW J. RINAIDO mentation and good faith efforts, not more try to be free and secure. Therefore, I cannot studies. stress enough the urgency of Cyprus' request OF NEW JERSEY Japan still accounts for 41 percent of the to be allowed to develop its own Federal sov­ IN THE HOUSE OF REPRESENTATIVES United States trade deficit. Also, while United ereignty. Moreover, I commend the efforts of Thursday, May 30, 1991 States exports to Japan have increased by 30 the European Community and the Soviet Mr. RINALDO. Mr. Speaker, the place of percent between 1988 and 1990, recent Union who have displayed great willingness in Japan in the world's economy is well recog­ trends indicate exports to Japan have slowed offering support to Cyprus. nized. Japan has become an economic giant, down. Most importantly. I would like to stress the significance of the United States relationship and its products-particularly electronics-are Unless we resolve our major trade disputes challenging American goods all over the world. with Cyprus and to emphasize the enormous with Japan in the coming year, we will have a motivating role of our friendship in this coun­ But Japan is not the only Asian country with hard time convincing Korea and other Pacific global business aspirations. The burgeoning try's search for Cypriot peace. My support for rim countries to bring down their barriers. President Vassiliou and his nation's sov­ growth of South Korea has made that country Japan is the trend setter in Asia. a force to be reckoned with, and soon South ereignty will not wane until an acceptable solu­ Currently. United States manufactured semi­ tion is achieved. Korean products will be as fiercely competitive conductor chips and pharmaceuticals are not with American goods as those made in Japan. protected under South Korea's weak patent This is why South Korea's ambitious plan to laws. Industry analysts have accused Korean expand its semiconductor industry in the next FAIR TRIALS IN KUWAIT firms of pirating United States patents and the 5 years is of special concern. According to re­ copyrights of films, videos, and recordings cent, published reports, the South Korean Government is embarking on a $40 billion, 5- made in the United States. HON. ROMANO L MAllOU year plan for the research and development of United States exports to Korea were $14.4 OF KENTUCKY billion in 1990, compared to $18.5 billion in im­ new semiconductor technology. IN THE HOUSE OF REPRESENTATIVES The South Korean plan could add signifi­ ports from Korea. During the same year, Unit­ cantly to the competition for U.S. manufactur­ ed States exports to Japan were worth $48.6 Thursday, May 30, 1991 ers of semiconductors, also known as billion, while imports from Japan totaled $89.7 Mr. MAZZOLI. Mr. Speaker, I commend to microchips or computer chips. Microchips are billion, according to the Office of the U.S. the attention of our colleagues a letter, dated used in computers, television, communica­ Trade Representative. May 22, 1991, I sent to Secretary of State tions, and other forms of high-technology elec­ Meanwhile, Korean customs and laws con­ James Baker expressing my concerns about tronics, including Department of Defense tinue to block United States goods in South the lack of fairness in the conduct of the trials weapons systems. Korean markets. The Korean bias against for­ charging collaboration now underway in Ku­ South Korea's push in this strategic and eign made products is taught in school. Ko­ wait. vital industry could pose a serious threat to rean school children are given illustrated Also of interest are news articles and edi­ United States jobs and to our national security books that suggest that foreign food is poison­ torials from recent newspapers. unless a new semiconductor trade agreement ous and purchases of imports jeopardize the Mr. Speaker, I intend to follow the progress is reached between our two countries, similar livelihood of Korean farmers. of the Kuwaiti war crimes trials closely over to that which now exists between the United These are the kinds of obstacles to Amer­ the next several months. As I wrote in my let­ States and Japan. ican products that must be dismantled. Our ter to Secretary Baker. the United States The current semiconductor agreement with goal should be fair trade and fair play for should exert all possible pressure, and we Japan expires in July, and I have urged United American products and business overseas. have a lot we can exert, on Kuwait to recog­ States Trade Representative Carla Hills to nize the basic human, civil and legal rights of seek a new pact. I also want United States its citizens. 12920 EXTENSIONS OF REMARKS May 30, 1991 CONGRESS OF THE UNITED STATES, able to clear mines, extinguish fires or up­ "These guys did lots of bad things," one HOUSE OF REPRESENTATIVES, hold the rudiments of law and order. said. "They informed on people." When it Washington, DC, May 22, 1991. If there is a policy, it is to return to pater­ was pointed out that none of this was men­ Hon. JAMES BAKER, nalism and indulgence. This very much suits tioned in court and that no evidence had Secretary of State, U.S. Department of State, Saudi Arabia, whose feudal rulers show no been produced, the official shook his head. "I Washington, DC. enthusiasm for any changes that might call know," he said. "I don't understand either." DEAR MR. SECRETARY: I have grave con­ their own legitimacy into question. But Kuwait's judicial system is not based on cerns about the fairness and evenhandedness there's no reason the allies should passively common law justice, as it is in Britain and of the war crimes trials underway in Kuwait. acquiesce as hopes for reform are smothered. the United States. Rather, it comes from the It appears from news releases that a kind On the contrary: they have earned an endur­ French Napoleonic system as filtered of Kangaroo Court or Star Chamber brand of ing right to speak out. Only yesterday, Ku­ through the Egyptian experience. Under this justice is being meted out to the defendants wait appealed to the U.N. to allocate Iraqi system, the judge has broad powers to deter­ who are being hauled before these tribunals. oil earnings for reparations-a request that mine charges, the admission of evidence, the They are not being accorded basic and requires the world's good opinion. And Wash­ need for witnesses and guilt or innocence. In human civil rights much less the normal ington has just agreed to send an armored many cases, arguments by the prosecution legal protections which are part of the legal brigade to help protect Kuwait at least until and defense are not made in open court but system of any civilized nation. September. through written briefs, which are put in the An irony here is that those who stayed be­ Kuwait needs that U.S. presence, just as it case files and reviewed by the presiding hind in Kuwait and endured deprivation and needed allied liberation, and its rulers would judge. danger during its occupation by Iraq are be wise to take urgent notice of American In the current trials, however, the defend­ being tried as collaborators by a government opinion. President Bush may not yet be will­ ants are being tried before martial law whose leaders fled the country and spent the ing to express more than "concern." That courts composed of three civilian and two duration of the war in the discos of Cairo and leaves it up to Congress and the country to military judges. Apparently, even the lim­ relaxing around the pools and in the air-con­ speak out in behalf of a people abused first ited adversarial procedures of normal crimi­ di tioned comfort of hotels in Saudi Arabia. by aggressors and now by their old rulers, nal law have been abbreviated under the The United States and our allies sacrificed still locked in the past. martial law courts. much to expel Saddam Hussein and the Iraqi At Sunday's trials, a young man named Army from Kuwait. Accordingly, the United [From the New York Times, May 21, 1991] Adnan Abed Ali was sentenced to 15 years in States and its allies have the right-indeed KUWAITIS DEFEND TREATMENT OF CONVICTED prison, with the term to be followed by de­ the obligation-to exert maximum pressure COLLABORATORS portation. The only act of supposed collabo­ on Kuwait to recognize the basic human, (By Edward A. Gargan) ration cited by the chief judge as the trial civil and legal rights of those now being KUWAIT CITY, May 20.-Kuwaiti officials was Mr. Ali's wearing of a T-shirt bearing tried and of all citizens and residents of Ku­ today sought to justify the stern sentences the likeness of the Iraqi leader. wait. meted out Sunday to people accused of col­ Also convicted were two brothers who had I would appreciate your comments. All the laborating with the Iraq occupiers, including fashioned key chains with fobs made of bul­ best. a 15-year term to a man who wore a T-shirt lets. With this as the only publicly disclosed Sincerely, with President Saddam Hussein's picture. offense, the brothers were sentenced to 12 RoMANO L. MAZZOLI, A lawyer present at the trials said today years in prison, after which they are to be Member of Congress. that his life had been threatened by people deported. opposed to his efforts to defend the suspects. Late last night, a spokesman for the Jus­ [From the New York Times, May 21, 1991] "I've received lots of calls today which tice Ministry, Ahmed al-Sarawi, said that LIBERATED IN KUWAIT: ARROGANCE threaten me," said Najeeb al-Wuqyan, a the man who wore the Hussein T-shirt had Does wearing a T-shirt with Saddam Hus­ prominent lawyer here who spoke out actually worked for the Iraqi intelligence sein's portrait warrant conviction as an Iraqi against the lack of evidence presented at the and that he had been convicted and sen­ collaborator in liberated Kuwait? Evidently trials. tenced for this. so. A martial law court sent the youth in the The 12 people brought before the five-mem­ "He was pointing out Kuwaitis,"he said. shirt to prison for 15 years, followed by de­ ber martial law tribunal on Sunday were the "He was sneaking around looking for resist­ portation. What a deplorable beginning for first of hundreds expected to be put on trial ance fighters, whoever had guns. The T-shirt an old regime reinstated in the name of on charges of collaboration. The court con­ was only for welcoming the Iraqis.'• When world law. victed and sentenced to harsh terms five peo­ asked who none of this was mentioned in Obviously flustered, Marlin Fitzwater, the ple while acquitting four, continued the open court, Mr. Sawari said, "These mis­ White House spokesman, tried yesterday to cases of three others and opened the trials of takes happen." put a better face on this caricature of jus­ eight people in absentia. Several of those LAWYERS EXPRESS DISMAY tice. The White House does have "concerns" convicted had no lawyers and at no point was Several of Kuwait's most prominent law­ about Kuwait's legal system, he said, and any evidence of their guilt introduced into yers continued to express dismay at Sun­ Washington has been urging reforms, but Ku­ the proceedings. day's proceedings. wait is an independent country with its own Western diplomatic observers seemed · "We said we wanted to see the evidence," justice system. On the matter of the T-shirt, stunned by the trials, which bore little rela­ said Amad al-Saif, a lawyer present at the there are other factors that he couldn't go tion to juridical procedures common in Eu­ trials. "We said the evidence is not very into that "make us reserve judgment." rope and the United States. clear. We want you to cancel all that hap­ Then why didn't the presiding judge speci­ An American Embassy official declared pened. The judge was laughing and we fy the real offenses of the young man and of that the defendants had been "railroaded." thought for a moment he would consider it. others given comparably harsh sentences? The official, who spoke on condition that he But he didn't." Reporters in Kuwait asked the same ques­ not be identified, said, he was not surprised Mr. Sa.if said that much of the evidence tion; a spokesman for the emirate lamely re­ by the conduct of the trials. "There is a against the defendants was contained in plied, "I don't understand, either." Kuwaiti mood of vengeance here," he said. thick folders carried by the chief judge but lawyers say the failure to detail charges or Later in the day, however, another Amer­ that it was not made available to the law­ provide defense counsel offends Kuwait's own ican official said that United States policy yers in the courtroom. legal traditions. would be "to wait and see how things go." What makes the case so repugnant is that "There're obviously a lot of questions [From The New York Times, May 21, 1991] it seems to personify arrogant indifference about the standards of justice in trials like by rulers reinstalled after the Persian Gulf this," he said. "People seemed to think they BUSH URGES KUWAIT TO HOLD FAIR TRIALS war. Full allowance can be made for the dif­ had quite a dossier on them. The problem the FOR THE SUSPECTS ficulty of restoring normal life in a ravaged Kuwaitis are having is one of communica­ (By Patrick E. Tyler) country where 500 oilfield fires still scorch tion." WASHINGTON, May 20--President Bush said the sky. But the Kuwaitis themselves are the Throughout the day, officials of Kuwait's today that Kuwait should extend fair-trial severest critics of the ruling Sa.bah family, Ministry of Information buttonholed foreign protections to people accused of collabora­ which sat out the war in exile. journalists to explain that the charges tion with the Iraqi occupation who are being The people victimized by the Iraqi invaders against the accused were in fact far more se­ put on trial this week, many of whom have hoped for elections and a more responsive po­ rious than stated during the trial. The offi­ complained of torture and lack of access to litical system. This has been met by a vague cials, young men who appear fervent in their defense lawyers. promise from their Emir about electing a expressions of hope for a just and democratic Mr. Bush, speaking at the White House parliament sometime next year-"God will­ Kuwait, were despairing as they sought put a with Chancellor Helmut Kohl of Germany, ing." Meanwhile, his Government seems un- good face on the trials. declined to criticize Kuwait justice officials

• 0 & 0 - 0 • '0 -- .. 0 - 0 o• - •. 0 ...... ~ ...... - --· _,...... !...... L 0 " ...-. - ---..... - 0 o, • ....0.0 - • • ... ,,. - _JI ., 0 - May 30, 1991 EXTENSIONS OF REMARKS 12921 after five men were sentenced to prison convicted on the spot, one of nothing more prudent, maybe tasteless act, but a long way terms on Sunday before a martial-law court. than wearing a Sddam Hussein T-shirt-a from collaboration with the enemy. "I wore The 12 defendants who appeared before the shirt the accused said be bought before the it while sleeping," he told the court. "And I tribunal were denied cross-examination war and used only as a nightshirt. He was wore it outside only once. One or two persons privileges or a detailed listing of the charges sentenced to 15 years in jail. saw me. I had the shirt before the occupa­ against them. Shortly before the gulf war started, I vis­ tion." The most severe sentence, 15 years, was ited both Jordan and Iraq. In both places, Kuwait has the best public relations firms imposed on a man whose only publicly dis­ people were dismayed that the United States money can buy. But no amount of PR can closed offense was wearing a T-shirt with and its allies would come to the aid of Ku­ rectify what the Kuwaiti government itself President Saddam Hussein's picture on it. wait. It was loathed, considered both arro­ has done. It's turned the battle cry of "Free Two men received 12 years each for possess­ gant and undemocratic. It would not extend Kuwait" into a contradiction in terms. ing bullets they said were key chain decora­ citzenship to non-Kuwaitis and relied on for­ tions. Two other men also received prison eigners to run the country; Kuwaitis them­ terms, while four defendants were acquitted selves were said to be loath to work. TRIBUTE TO FRANK WOLF and the cases of three others were continued. You may, of course, credit some of this to The trials of eight others opened with the de­ Iraqi propaganda and credit the Iraqis, in fendants in absentia. particular, with epic gall. (Where do they get HON. ROBERT A. BORSKI The mild rebuke implicit in White House off being critical of Kuwait?) Some of the OF PENNSYLVANIA and State Department statements today re­ stories told about Kuwaitis were lifted from IN THE HOUSE OF REPRESENTATIVES flected the Bush Administration's continu­ news accounts, including a notorious episode Thursday, May 30, 1991 ing effort to improve the human rights in which a rich Kuwaiti family had locked up records of its principal Arab allies in the a servant while visiting London. Neverthe­ Mr. BORSKI. Mr. Speaker, I rise today in Persian Gulf as it pursues a commitment to less, in both Amman and Baghdad on one recognition of Mr. Frank Wolf on his retirement democratization. The statements also reflect wept for Kuwait. as athletic director of Nazareth Academy. genuine embarrassment in Washington over Rich nations-and Kuwait was one-engen­ Mr. Wolfs contributions to our youth are nu­ how Kuwait's rulers are handling national der envy and enmity, and certainly in a Mid­ merous and enduring. His leadership ability reconciliation in the oil skeikdom that was dle Eastern context Kuwait is no more an op­ with young people has been recognized with overrun by Iraq last August and rescued by pressive state than some of its neighbors. many community and civic awards. allied armies this year. But the United States did not spill blood to liberate Syria or, as it turns out, even Iraq­ Throughout his years at Nazareth, Mr. Wolf AN APEAL FOR COMPASSION instilled in his students a true and honest ap­ "I can understand that there's a lot of bit­ to name two countries where torture is com­ monplace. We did, however, come to the aid preciation of sports. He helped to revitalize the terness from those Kuwait's who saw their school sports programs for boys and girls of country raped and pillaged in an unconscion­ of Kuwait, and while the war was something able way," Mr. Bush said, and then added, of a cakewalk, Americans did die-Ameri­ all ages. Under his guidance, games are well "having said that, I think it would be in Ku­ cans and countless others as well. coached and given their proper priority in life. wait's interest to extend the fair trial to ev­ Those of us who supported the war had no Students are taught to play for the joy of com­ erybody, and to be as compassionate as one illusions about some of America's allies. petition. can, given the outrages that they faced." Syria is ruled by a thug, Hafez Assad, Saudi Arabia is a monarchy where women have few In addition, as the supervisor of the Police Earlier today, Marlin Fitzwater, the White Athletic League [PAL], Mr. Wolf was instru­ House spokesman, said there were short­ civil rights, not even the right to drive a car, and torture is not unknown. (Some Ameri­ mental in developing programs to help keep comings in the way Kuwait justice officials our children off the streets. He helped to cre­ were conducting postwar trials against sup­ cans are attempting to sue the Saudi govern­ posed collaborators with Iraq. ment, claiming they were tortured while ate many amateur boxers who went on to be­ Maryam Elahi, a spokeswoman for working in that country.) Egypt is the most come National Golden Gloves or Diamond Anmesty International in Washington, said progressive of our wartime allies, but even it Belt Champions. the organization, which is monitoring the is a far cry from Switzerland. Only Israel in Indeed, Mr. Wolf is now and has been for trials, has documented cases of prisoners' that vast region is a true democracy-but not, of course, for West Bank or Gaza Strip years more than just a coach to the youth of being tortured. She also questioned whether Philadelphia. The lessons the youth have any prisoners had access to lawyers in ad­ Arabs. As the Israelis say over and over again, the Middle East plays by "Hama learned from him will benefit them throughout vance of the court proceedings. In addition, life, on and off the playing field. she said, "the length of the sentences raised rules"-Hama being the city that Assad lev­ serious questions on the fairness of the >led to put down an insurrection. Not only has Mr. Wolf served our youth, but trials," which she said were clearly con­ You play the cards you're dealt, the ex­ he also should be recognized for his service to ducted without due process. pression goes. And in August, the cards the our country. Mr. Wolf is a 28-year veteran of Stories of brutal recrimination against re­ United States held were Syria, Kuwait, the Philadelphia Police Department and also is puted Iraqi collaborators, Palestinians and Saudi Arabia and some other Arab states. a veteran of the U.S. Army. But Saddam Hussein had to be stopped, and other expatriate workers have dogged the Mr. Speaker, I join my three daughters, Government of Skeik Jaber al-Ahmed al­ his invasion of Kuwait, no matter what the character of its government, was wrong. Nazareth Academy and the people of Philadel­ Shabah. In addition, the opulent life style of phia in thanking and commending you for the Emir and his ruling family, as thousands During the Cold War, the United States of Kuwaits and workers have stood in long aided or made alliances with some pretty many years of outstanding service. lines for food, has stirred sentiment against awful leaders and governments, operating on the royal family. the rather simple principle that its enemy's enemy was its friend. The Soviet Union was TRIBUTE TO WALTER SCHWARZ [From the Washington Post, May 21, 1991] our enemy, and to battle it we even recruited former Nazis. SAME OLD KuwAIT Still, one hoped that the rulers of Kuwait HON. DAVE CAMP (By Richard Cohen) would have pondered why their country was OF MICHIGAN From time to time, the public relations so hated in the Arab world. One would have IN THE HOUSE OF REPRESENTATIVES firm known as Kuwait places and ad in an hoped that after the war, Kuwait would have Thursday, May 30, 1991 American newspaper, thanking us for liber­ democratized and been a bit more punc­ ating the country from Saddam Hussein. A tilious about human rights. One would have Mr. CAMP. Mr. Speaker, it is with great recent one, placed in The Post, contained a hoped that torture would have been aban­ pleasure that I rise today to recognize a truly map of the Middle East and acknowledged doned, that a modicum of justice be injected outstanding individual in this country, Mr. Wal­ the existence of Israel. Yea, verily, yea, will into the legal system. Instead, what we get ter Schwarz of Clare, Ml. Mr. Schwarz has miracles never cease? is a kangaroo court, held not in secret (even been the superintendent of the Clare Public But just in case you thought that Kuwait a little shame would have been welcome) but Schools for the past 13 years. His contribu­ was entering the 20th century, it held a trial before the world's press. It was a disgusting, tions to the community of Clare deserve praise the other day of 11 men and one woman ac­ medieval spectacle. and appreciation. cused of collaborating with Iraq during the And so the next time Kuwait cramks up its occupation. None of the accused could see a public relations apparatus for a full-page ad Mr. Schwarz was born in Benton Township, lawyer before the trial. Some of the accused or something similar, think of Adnan Abed Ml, and his family includes his wife, Stacy, his said they had been tortured or (merely) beat­ Hassan Ali, who was sentenced to 15 years children, Lauri, Terry, Scott, and Julie, all of en. None of them faced an accuser. Five were for wearing a Saddam Hussein T-shirt-an im- whom are proud of him. 12922 EXTENSIONS OF REMARKS May 30, 1991 Mr. Schwarz has devoted the last 36 years nated is one way to ease the pain. A life can New Jersey's beaches belong to everyone. of his life to education. He started out as a be saved as a result of someone's death. Regardless of whether we live on a sand bar teacher at Yale High School. From teaching The organ-sharing system started in 1969 or 3 hours from the nearest beach, New he went into counseling, then to administrative with only eight transplant centers which made Jerseyans deeply believe that ocean and assistant, to principal, and finally became a up the network. Soon after the foundation was beach protection is essential. superintendent. established, a computer system was devel­ The Department of the Interior proposal to Mr. Schwarz has been involved in many oped to link the eight centers. By 1975, the allow drilling off our shores threatens our community projects including serving on the system had grown to include 18 transplant economy and our beaches and deemphasizes board of directors of the Clare Kiwanis Club, centers and the system was set up as a non­ the importance of energy conservation. Worshipful Master of the Masonic John Q. profit organization. In 1984, UNOS was incor­ The potential for disaster looms large for Look Lodge, and on the board of directors of porated, the United Network for Organ Shar­ both our fishing and tourism industries. Many the Clare Chamber of Commerce. His partici­ ing. And in 1986, UNOS was awarded a Fed­ contend that accidents on oil and gas rigs are pation in these activities shows his eagerness eral contract by the U.S. Department of Health becoming more rare. But it doesn't take more to involve himself in groups associated with and Human Services to administer the Na­ than one oilspill or gas explosion to jeopardize the educational process. If it is true that the tional Organ Procurement and Transplantation both our fishing industry and our tourism in­ superintendent reflects the community, then Network [OPTN]. Today, there are 261 trans­ dustry. Mr. Schwarz truly represents Clare. plant centers and 51 organ procurement orga­ As we learned from the oilspills in the Arthur Mr. Schwarz believes the classroom teacher nizations. Kill and in the Kill Van Kull in New Jersey, it and the classroom environment are the most Transplant centers, tissue typing labora­ doesn't take much oil to destroy sensitive eco­ important elements of success in education. tories, and organ procurement organizations logical habitats. As we learned from the He encourages the involvement of the com­ all have an integral role in the exchange from Valdez disaster in Alaska, a single accident munity in education. He believes the process donor to recipient. For example, reported in can do tremendous harm to our beaches. of education is best served when all partici­ Reader's Digest was the story of Robert Too frequently, New Jerseyans have sat pants have an active role. It was through Mr. Delker, a 55-year-old man who died of a heart and watched helplessly as beaches were Schwarz's leadership that the Clare High attack. He was also a donor. Minutes after his closed because they had been fouled by some School and primary school were recognized family was notified of his death, an 800 hot foreign substance like coliform bacteria, medi­ by the Michigan Department of Education as line was dialed to UNOS. After the blood was cal waste, or tar balls. When beaches close, exemplary in 1985 and 1986. Another of Mr. screened for HIV, the AIDS virus, hepatitis, it doesn't only mean that kids can't swim, it Schwarz's successes was the construction of and other diseases, the tissue recovery spe­ means that tourism declines and small busi­ Brookwood athletic and park facilities, which cialist began working. Meanwhile, UNOS pro­ nesses suffer. It only takes one bad summer, was constructed with donated money and vided a list of potential recipients based on one summer of closed beaches, to drive shop­ labor. match and need, also taking into account keepers out of business, harming both the Mr. Speaker, I know that you will join me in medical urgency, genetic compatibility, and lo­ local and State economies. thanking and commending this truly excep­ gistics. Thirty-four people benefited from the I do not believe that leasing sensitive eco­ tional man for all of his years of service to the Delker family's generosity. logical areas to drill for oil and gas exploration people of Clare. We all wish Mr. Schwarz well, Another example of how this network helped will be a boon to New Jersey's economy. New and hope for his continued success in all fu­ save a life happened in south Florida just a Jersey would be far better off if the Nation had ture endeavors. few weeks ago on April 27, 1991. Father Ger­ a meaningful conservation policy in place. ald T. La Cerra, the pastor of St. Mary's Ca­ Substituting new oil and gas development thedral and chancellor of the Archdiocese of for sensible conservation policies is short­ ORGAN DONATIONS, A GIFT OF south Florida, is presently recovering from a sighted and endangers New Jersey's environ­ LIFE heart transplant. He was fortunate to have a mental and economic well-being heart, compatible with his bloodtype, donated I urge my colleagues to join me in support­ after being on the national waiting list for 10 ing this bill. HON. ILEANA ROS.LEHTINEN weeks. OF FLORIDA Reported in Spectra, is the story of 32-year­ IN THE HOUSE OF REPRESENTATIVES old Andrea Kessler of Miami. Six months after DEPARTMENT OF DEFENSE AUTHORIZATION Thursday, May 30, 1991 receiving a combined pancreas-kidney trans­ plant, she no longer requires insulin and is off Ms. ROS-LEHTINEN . Mr. Speaker, ap­ dialysis-with no diet restrictions. This is just HON. STEVEN SCHIFF proximately every 30 minutes, someone in the the beginning of transplantation successes in OF NEW MEXICO United States needs an organ transplant. the medical field. IN THE HOUSE OF REPRESENTATIVES Each year the number of people waiting for Donations and the efficient work of the Thursday, May 30, 1991 transplants increases dramatically. As of April organ center either saves people's lives or 1, 1991, over 22,000 people were in need of helps others live a more pleasant one. Trans­ Mr. SCHIFF. Mr. Speaker, I supported the some sort of transplant. Too often, we hear plantation owes its success to people who re­ administration's defense budget during consid­ about people dying because they did not re­ alize that they can help save another person's eration of the authorization bill because it pro­ ceive an organ they needed. This should not life, simply by signing an organ donor card. vided the funding necessary to continue the happen. If everyone were to carry an organ strategic defense initiative antimissile program donor card, this cause of death co ·Id be elimi­ and the B-2 Stealth Bomber Program, which nated. PROPOSES 10-YEAR MORATORIUM are vitally necessary for our future national de­ In 1990, south Florida ranked in the top 10 ON OFFSHORE DRILLING ALONG fense. percent of the Nation's metropolitan areas for NEW JERSEY COAST However, to my great concern, the Cheney­ donations. But this was achieved with only administration defense budget also contained 101 donors. This totaled 346 organs for the HON. DICK ZIMMER provisions to continue the reduction of the Na­ year: 181 kidneys, 66 pancreas, 23 hearts, 30 OF NEW JERSEY tional Guard and Reserves-by 107,526 per­ sonnel-in this year's installment of the cuts heart valves, and 46 livers. Still, the number of IN THE HOUSE OF REPRESENTATIVES organs available falls short of the need for necessary to achieve a 25-percent total reduc­ transplants. About 25 percent of those waiting Thursday, May 30, 1991 tion by 1996. I do not support this provision. for a heart transplant die before a donor is lo­ Mr. ZIMMER. Mr. Speaker, I rise today to We must realize that the rapidly changing cated. This is a tragedy. Every day people are introduce legislation that is crucially important international environment, coupled with a need dying who can help others live. to the environmental and economic health of to contain U.S. defense spending, will dictate The death of a loved one is difficult for fami­ my home State of New Jersey. The bill would an entirely different ,defense force structure in lies, yet by being organ donors or giving per­ impose a 10-year moratorium on off-shore oil the future. Our defense force structure will mission for a loved one's organs to be do- and gas drilling along the New Jersey coast. have to be versatile, deployable, and lethal in May 30, 1991 EXTENSIONS OF REMARKS 12923 an era when the precise time, location, and With the support of Congress and the Amer­ reach beyond the confines of the university to nature of the threat will remain uncertain. ican people, the President has the best serve the community as a resource, conduct The exact composition of the military need­ chance I have seen in years to bring off a research, and offer educational programs that ed to overcome any specific threat will best be meaningful arms control agreement in the Mid­ address questions dealing with food and nutri­ determined on a case-by-case basis. A small­ dle East tion. er active duty force, relying on an ability to The President's proposal is a giant first step The Magaram Center has already attracted rapidly expand again should circumstances re­ toward international arms control. It gives international attention in the area of product quire it, may well be the most cost-effective some hope that the great scientific discoveries development and vitamin research, and will means to maintain our national security. A of this era can be redirected toward peaceful offer programs addressing special interests rapid expansion must rely on Reserve and uses, so that we can take the world and build such as sports nutrition, nutrition in relation to Guard forces. it up, not blow it up. metabolic and other diseases, and feeding To proceed with the Guard and Reserve problems associated with stages of the life cuts without reevaluating the current world cycle. threat and the lessons learned in the Persian STUDENTS TRACK WEATHER Named in honor of Marilyn Magaram, an in­ Gulf war is inappropriate and could well under­ structor at CSUN as well as a consultant to mine a vital and integral component of our na­ HON. CURT WELDON the food industry and community activist until tional defense system. OF PENNSYLVANIA her untimely death in 1989, the center prom­ Although I voted for the overall Cheney-ad­ IN THE HOUSE OF REPRESENTATIVES ises to be a major asset in its field and to the ministration package, I disagree with its deep Thursday, May 30, 1991 university. reductions in the Guard and Reserve, and, Mr. WELDON. Mr. Speaker, I rise today to Mr. Speaker, I ask my colleagues to join me had it passed, I would have sought a separate commend the efforts made by Chester Coun­ in honoring the memory of Marilyn Magaram, vote on that issue alone. ty's Unionville High School for their efforts in and in saluting the dedication of the Magaram weather satellite tracking stations. The stu­ Center. dents of Unionville High School have devel­ RIGHT PLACE AND RIGHT TIME oped an educational program that provides FOR BUSH ARMS CONTROL PRO­ easy access to hands-on experience with A TRIBUTE TO RUTHERFORD B. POSAL space technology. HAYES PRESIDENTIAL CENTER Weather satellites serve as an excellent oi:r HON. WM. S. BROOMf1EID portunity for students to learn about techno­ HON. PAULE. GlllMOR logical advancements in the scientific field OF OHIO OF MICHIGAN which currently are not provided in textbooks. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Educational weather satellite programs have Thursday, May 30, 1991 Thursday, May 30, 1991 proven valuable in increasing students' knowl­ Mr. GILLMOR. Mr. Speaker, it gives me Mr. BROOMFIELD. Mr. Speaker, the Presi­ edge of government, financing, and inter­ national relations, which are needed for the great pleasure to take this opportunity to pay dent's arms control proposal is like his inter­ tribute to the Rutherford B. Hayes Presidential vention in the gulf last August: It is big, well operation and improvement of weather sat­ ellite tracking stations. Center, which is celebrating its 75th anniver­ thought out, and doable. sary today. He was wise to start with the Middle East. Weather satellites have also given high school students a chance to serve the com­ The Hayes Center, located in Fremont, OH, Now is the time to seize some of the opportu­ is a unique archive of Presidential history. It is nities presented by our leadership in the coali­ munity by relating their knowledge of the ui:r coming weather conditions to the public. The one of only two Presidential centers receiving tion against Iraq. no Federal funding, and is the only one dedi­ America has regained its preeminent posi­ program provides students with a knowledge of weather satellites that can help them under­ cated to a 19th century President. From my tion of leadership in the Middle East, and we own visits to the Hayes Center, I know that it should not be afraid to expend some of this stand weather patterns. This is critical in sav­ ing lives from both natural and man-made dis­ is led and staffed by people with an unbending political capital to argue for the tough steps dedication to preserving the artifacts and les­ that will be needed to achieve lasting peace in asters. The United Nations has also recently designated weather satellites as "the best use sons of American democracy. the region. President Hayes once said that he serves The Middle East is the logical area to of space age technology for peaceful pur­ poses." his party best who serves the country best. launch a major arms control initiative for an­ That eloquent commitment to the well-being of other reason: The region has many of the The example set by the Unionville High School students is encouraging. In a time the United States offers a timeless message. world's weapons, and the passions to set Supporters of the Hayes Center should know them off. If we can control arms in the Middle when the education system is criticized more than it is praised, it is exciting to learn of ef­ that they have made an invaluable contribution East, we can control them anywhere. to assuring the preservation of Hayes' mes­ The President was right to focus his initial forts made by these students. I feel strongly that their efforts should be recognized and sage and mark on history so that we might efforts on bringing together the world's five benefit from them today and tomorrow. biggest arms suppliers. supported as an important tool in the edu­ Some in Congress have proposed a unilat­ cational field. eral U.S. decision to stop the flow of American PLEBISCITE FOR KASHMIR arms to the region. That might make some in SALUTE TO THE MARILYN this country feel good, but it would have little MAGARAM CENTER AT CAL HON. CASS BALLENGER impact on proliferation in the Middle East. STATE NORTHRIDGE OF NORTH CAROLINA Those countries familiar with the workings of IN THE HOUSE OF REPRESENTATIVES the international arms bazaar would simply do HON. ELTON GAUEGLY Thursday, May 30, 1991 their shopping at the next tent. The best way OF CALIFORNIA to shut down the arms flow is to put a Mr. BALLENGER. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES squeeze on those who supply the weapons. to support a plebiscite for the people of Kash­ Getting countries like China to abide by re­ Thursday, May 30, 1991 mir. straints on the transfers of arms to the Middle Mr. GALLEGLY. Mr. Speaker, I rise today to In 1948 and again in 1949, the United Na­ East will no doubt take considerable diplo­ mark the dedication of the Marilyn Magaram tions Commission for India and Pakistan matic skills on the part of the President. But Center for Food Science, Nutrition, and Dietet­ [UNCIP] adopted resolutions calling on the the Presidenrs skillful diplomacy was precisely ics at California State University, Northridge, Governments of India and Pakistan to hold a the reason that America was able to put to­ which will be held on June 15. plebiscite to enable the people of Kashmir an gether a coalition to face down Saddam Hus­ Although part of the home economics de­ opportunity to decide how they should be gov­ sein. partment at CSUN, the self-funded center will erned. Although the framework was laid for

49-059 0-95 Vol. 137 CPt. 9) 36 12924 EXTENSIONS OF REMARKS May 30, 1991 conducting a free and fair plebiscite, for the Bob Burns for their tremendous leadership the early 1970's when the Philadelphia Daily past 40 years, they have been denied this oi:r and guidance. News needed a columnist, Chuck answered portunity. Mr. Speaker, the members of the Odyssey their call. Today, he stands as their senior edi­ Since early 1990, there has been a ground of the Mind team wrote their own scripts, build tor and syndicated columnist, as well as an swell of support for Kashmiri self-determina­ their own props, and designed and created English professor at the University of Dela­ tion. During this time, we have been reading their own costumes leading to a performance ware. reports of escalating violence in Kashmir in Knoxville that truly deserves the very high­ After service in World War II as an Air Force where innocent people are being killed and in­ est accolades of every citizen and every stu­ navigator, Chuck received his A.B. degrees in jured. As the independence movement in dent, not only in Wintersville and at Bantam political science and economics, and his M.A. Kashmir intensifies, Indian security forces are Ridge, but throughout the land. We're all very degree in sociology. He went on to become an reportedly engaging in abuses ranging from proud of the Odyssey of the Mind team and overseas representative for CARE in Egypt, arbitrary arrests to rape and torture. The re­ the students and parents who put so much Gaza, and India before launching his writing gion is a hotbed of violence as even militant into achieving the notable distinction as World career with several African-American news­ separatists are reported to have committed Champions. papers in the early 1960's. Chuck served a 4- atrocities against government officials and un­ Congratulations. year stint on Capitol Hill, 2 years as special armed civilians. assistant to Representative Adam Clayton A number of human rights groups have con­ Powell. Years later, he became the director of ducted investigations there, although not every BEWARE OF KITTY KELLEY minority affairs at the Educational Testing international human rights orga"nization is COMMISSIONS Service in Princeton, NJ. granted access to the region. There is still Chuck Stone is famous in the Philadelphia some concern regarding the extent of the HON. GERALD 8.H. SOLOMON area at the Daily News. He has earned a rei:r abuses occurring in India. OF NEW YORK utation for sharp language and long words. I support the "Freedom for Kashmir Resolu­ IN THE HOUSE OF REPRESENTATIVES Chuck also lent his talents to WWDB Radio as well as local televison stations as a talk show tion" (H. Res. 87) that expresses the sense of Thursday, May 30, 1991 the House that the future status of Jammu and host and guest. Among his many credits, Kashmir be decided through the democratic Mr. SOLOMON. Mr. Speaker, I'm struck by Chuck was known in Philadelphia as a life­ process of a free and impartial plebiscite as the types of resolutions coming before the saver and crisis mediator. Seventy-two crimi­ called for in United Nations' [UN] resolutions Congress which are reacting to every sort of nal suspects surrendered because of Chuck. adopted in 1948 and 1949. rumor and innuendo which hits the tabloids. His in-depth writings, as well as his reputation Tremendous tension exists between Paki­ Take, for instance, a recent resolution which for integrity and trust touched these individ­ stan and India, having already fought three seeks to set up a commission to investigate uals. They felt they were better guaranteed wars along the border of Kashmir since 1947. whether or not the rumors are true that the fair treatment with the assistance of Chuck A resolution of the Kashmir situation would be Reagan-Bush campaign made a deal with the Stone. Chuck was also instrumental in helping in the best interests of all parties. I hope the Ayatollah Khomeini in order to favorably affect to end the revolt in Graterford Prison in 1981. people of Kashmir will be given the long-await­ Reagan's chances of winning the 1980 Presi­ Chuck is leaving the Philadelphia area for ed opportunity to determine how they might be dential election. the Walter Spearman professorship of journal­ governed. Supporters of this type of resolution assert, ism at the University of North Carolina. During without hard evidence, that the time has defi­ this time, he will complete two books on which nitely come to invest millions of taxpayer dol­ he is currently working. This move also affords BANTAM RIDGE ELEMENTARY lars to determine if these tenuous rumors are him the opportunity to pursue his theological STUDENTS ARE WORLD CHAM­ valid. The American public should start won­ studies at Duke University. PIONS dering about their Representatives in Con­ Philadelphia has benefited from Chuck gress when they engage in sponsoring tabloid Stone's passion for 19 years. Now it is time legislation. for Chuck to spread his wealth of knowledge HON. DOUGLAS APPLEGATE Is the request for an investigation based on and energy to others. Chuck, my friend, you OF omo a legal inquiry? It appears to me that, on the will be sorely missed. Good luck. IN THE HOUSE OF REPRESENTATIVES contrary, the real reason for the establishment of this type of Kitty Kelley Commission is to Thursday, May 30, 1991 establish meaningless inquisitions whose only TRIBUTE TO MAS YONEMURA Mr. APPLEGATE. Mr. Speaker, I would like goal is to discredit and damage the reputa­ to take this opportunity to bestow special rec­ tions of political opponents, in this case Presi­ HON. NORMAN Y. MINETA ognition on the Odyssey of the Mind team of dent Bush and former President Reagan. OF CALIFORNIA Bantam Ridge Elementary School in Let's take these commission proposals for IN THE HOUSE OF REPRESENTATIVES Wintersville, OH, upon their outstanding vic­ what they are-rubbish. Be careful. The tax­ Thursday, May 30, 1991 tory in competitions held recently in Knoxville, payers want us to spend their money more TN. wisely on substantive matters. But, this is not Mr. MINETA. Mr. Speaker, I rise today to Every parent, relative, teacher, and student one of those matters. Colleagues, beware of pay tribute to Mas Yonemura, who will be hon­ who is associated with Bantam Ridge Elemen­ the boondoggle Kitty Kelley Commission. ored on June 6, 1991, in Chicago by the tary should be immensely proud and pleased American Immigration law Foundation. I know ) with the special distinction that this team has of no finer individual to receive this honor. ·' brought to the town of Wintersville and to their CHUCK STONE, A LITERARY GIANT Over the years, Mr. Yonemura has contrib­ school. The Odyssey of the Mind team IN THE FIELD OF JOURNALISM uted generously to his friends, his colleagues, achieved the top prize in the Classics Pompeii AND COMMUNICATIONS and to the community in the area of immigra­ Division One last weekend, part of a competi­ tion and nationality law. Graduating with high­ tion involving students from more than 10,000 HON. 1110MASM.FOGIJrffA est honors, he received his bachelor of arts schools worldwide. Their victory represents an OF PENNSYLVANIA degree in economics from UCLA and went on outstanding achievement and a true reflection IN THE HOUSE OF REPRESENTATIVES to the University of California at Berkeley, of the team's unlimited talents, skills, and intel­ Boalt Hall for his law degree. He was admitted ligence-attributes shared by so many of Thursday, May 30, 1991 to the California State bar in 1947, and has America's outstanding young people today. Mr. FOGLIETIA. Mr. Speaker, I come be­ specialized in immigration and nationality law I would like to recognize team members fore you today to pay tribute to the illustrious, almost continuously since that time. Julie Ellsworth, Rachel Bums, Ashley Babaryk, journalistic career of Charles Stone, Jr. In Mas Yonemura is widely known for his pro Jeremy Stacy, Nicholas Dondzilla, Justin Philadelphia, we know him as Chuck. For bona assistance in restoring the U.S. citizen­ Gosney, and Justin Pratt. I would also like to three decades, he h~ graced this country ship of those Americans of Japanese ancestry commend coaches Toni Jean Dondzilla and with sound leadership and literary genius. In who lost their citizenship while interned by the May 30, 1991 EXTENSIONS OF REMARKS 12925 U.S. Government during the Second World Mas Yonemura is guided by a firm sense of Mr. Speaker, again I say that the American War. His contributions were critical in the effort how our justice system should operate and is Immigration Law Foundation could make no to restore the U.S. citizenship of Americans of tireless in his efforts to achieve his goals. better choice than Mas Yonemura to honor for Japanese ancestry stranded in Japan at the These qualities have established him as a na­ his distinguished career and his work in the outbreak of that war. tional leader of the Asian and Pacific Islander field of immigration law. On a personal level, A modest, private person, Mas Yonemura is American communities. I would like to thank Mas for everything he known to be generous and giving of his time For his outstanding contributions to immigra­ has done as a teacher, a colleague, an advo­ and his knowledge. His colleagues are often tion law, he was honored by the National Cen­ cate, a citizen, and as a friend. amazed at this scholar who gives so freely of ter for Immigrants' Rights in Los Angeles in Mr. Speaker, I would ask that you and my himself, especially to young attorneys at the 1989. In 1987, he was decorated by the Em­ colleagues join me in celebrating the many beginning of their careers. He is known as a peror of Japan for his efforts to improve Unit­ contributions and achievements of this great tenacious advocate for his clients, but his un­ ed States-Japan relations by building a greater American. failing civility has earned the respect and ad­ understanding of our two legal systems. miration of his opponents.