September 30, 1994 EXTENSIONS OF REMARKS 27105 EXTENSIONS OF REMARKS

THE OSHA PLAGUE Imperial Food Products chicken processing worker." While Al Gore's "Reinventing Gov­ plant in Hamlet, NC, that killed 25 employees ernment" report recommends that OSHA pri­ HON. JOEL HEFLEY and injured an additional 55. vatize its inspection duties to increase effi­ The owner of Imperial Food is currently ciency. OF COLORADO serving a 20-year sentence for manslaughter. Even pro-OSHA rhetoric is strained. Labor IN THE HOUSE OF REPRESENTATIVES He's bankrupt and is facing millions in cor­ Secretary Robert Reich recently patted the Friday, September 30, 1994 porate lawsuits. Meanwhile, $16 million in agency on the head by saying, "According to Mr. HEFLEY. Mr. Speaker, here is the lead worker's compensation has been distributed to the Bureau of Labor Statistics, fatality rates from an article in The Chieftain, the leading the victims and their survivors. have declined since 1971." newspaper in Pueblo, CO: In trying the owner, the prosecutor chose Talk about damning somebody with faint Pueblo's construction boom came to a halt not to use OSHA's criminal penalties because praise. Yes, death rates have been falling this week but not because of the weather, they were too "weak." The State man­ since 1971-they've been falling since 1934- economic, or labor problems. What shut slaughter was chosen instead. and they fell faster before OSHA than they did down many of the new home-building And OSHA itself is being sued by the survi­ after. That's not a recommendation, though, projects in the city and county was word vors urider North Carolina law. Before the fire, and Mr. Reich didn't mention it. that the Occupational Safety and Health Ad­ OSHA ignored a series of red flags raised by As this dearth of praise indicates, there is *. ministration was in town * * One stucco previous contacts with the owners of the Impe­ no way to measure OSHA success in saving contractor said he visited a number of sites rial Food plant and allowed the dangerous in the city and in Pueblo West and found no worker's lives. Nevertheless, a little common one working. " It was like a plague," he said, conditions at the plant to continue. sense will show that even if OSHA were effec­ " really spooky." According to the Education and Labor Com­ tive in preventing deaths, its prospects are lim­ mittee, "Those who administer the Occupa­ ited. The OSHA plague. Employers across the tional Safety and Health Act of 1970 share the WHAT'S THE FRONTIER? country are protesting the activities of the Oc­ blame; they failed utterly to protect the work­ Let's say that OSHA was 100 percent effec­ cupational Safety and Health Administration. ers at Imperial Food." The Federal govern­ tive at ending preventable workplace deaths. They believe OSHA's increased activity is driv­ ment set itself up as the big "Safety Sheriff" How many lives could it save? en by revenues rather than safety and they in town, and now it's being sued for talking too According to the Department of Labor's are asking Congress to review the administra­ loud. tion. On top of this landslide, OSHA has imposed Census of Fatal Occupational Injuries, there Last spring, the House Labor Committee $800,000 in fines which it will never collect. were 6,083 workplace deaths in 1992. moved in the opposite direction and adopted a The Imperial Food tragedy is a perfect illus­ Of those deaths, 2,441 were caused by bill seeking to dramatically expand the jurisdic­ tration of the fallacy of OSHA. OSHA failed to transportation accidents, including highway, tion of OSHA at a price tag to the American take action at a time when it might have done farm, aircraft, and other transportation deaths. economy of $20 to $60 billion dollars. some good, and it piled on when its actions Another 1,216 deaths were the result of homi­ Fortunately for the economy, the Ford bill is had little impact. . cides and suicides. Finally, 76 workers died by dead. The House is unlikely to bring it up be­ As an OSHA official from North Carolina drowning. Unless OSHA teaches employees fore, we adjourn and similar legislation is pointed out, the whole purpose of OSHA is to how to drive, fly, swim, and cope better, it's stalled in the Senate. Unfortunately, the Labor prevent this type of tragedy from happening. not going to have any impact on these deaths. Department has elected to move forward with But somewhere along the way, OSHA's mis­ Then there is the presence of drug and al­ the more costly items in the bill. sion of prevention took a backseat to its en­ cohol abuse. Random drug testing has proven Before the President does administratively forcement activities. In the process, safety has to reduce drug-related deaths, but OSHA what couldn't be accomplished democratically, suffered. doesn't supervise these programs. Employee recklessness is another hurdle. I believe it's time Congress had a real debate OSHA'S SAFETY RECORD You can train some people all you want, they on OSHA. Does OSHA promote worker safety, The first thing I noticed regarding OSHA's are still going to go out and endanger them­ or does it just raise money for Uncle Sam? safety record is that nobody defends it. With that in mind, I am introducing legisla­ There's lots of lip-service to the concept of selves and others. tion which would provide the first real reform OSHA, to the good intentions of its authors Finally, you have the self-employed. OSHA of OSHA in 24 years. This bill would promote and the number of inspections and fines it im­ rules may apply to a self-employed person, but if they are not willing to protect their own worker safety by emphasizing cooperation and poses on employers. But I have yet to hear health, why would they respond to OSHA? education between OSHA and employers. anyone say "OSHA works." My bill, No. 1, repeals OSHA's authority to To the contrary, trashing OSHA's record is That leaves a generous guess of 1,500 inspect, investigate, and issue citations re­ not just the sport of the construction industry deaths each year that OSHA could prevent, if garding workplace safety, No. 2, require of my district. Even OSHA supporters recog­ it worked perfectly. To put that in perspective, OSHA's health and safety standards to con­ nize the prudence of distancing themselves Congress could prevent more deaths each sider economic effects; No. 3, creates a small from the agency's record. year just by abandoning current CAFE stand­ business consulting program; and No. 4, clari­ During markup of his very pro-OSHA reform ards. fies that employee participation committees legislation, WILLIAM FORD, chairman of the As Imperial Chicken demonstrates, OSHA are not labor organizations under the National House Education and Labor Committee, isn't anywhere near 100 percent effective. Labor Relations Act or the Railway Labor Act. scoffed that the average business could ex­ INJURY RATES The debate surrounding OSHA has been pect a visit from OSHA "once every 87 years." The other measure of OSHA's effectiveness misdirected. Instead of debating how to ex­ Earlier in the meeting, he listed the growth is workplace injury rates. Again, there's no pand OSHA's mission, we should debate the of workplace injuries and continued presence credible measure of how effective OSHA has mission itself. After 24 years and billions of of workplace deaths and stated, "More than been at making the workplace injury free. In­ dollars invested, it's time to ask OSHA for an 20 years after OSHA, these figures are totally jury rates fluctuate with innumerable variables, honest accounting. unacceptable." and it is impossible to isolate the impact of IMPERIAL FOOD The AFL-CIO complains that "The Occupa­ OSHA. So instead of citing success, OSHA Let me give you an example of what is tional Safety and Health Act has not lived up proponent instead emphasize the problem. As wrong. We have all heard about the fire at the to its promise of a safe job for every American you might expect, it's getting worse.

e 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. 27106 EXTENSIONS OF REMARKS September 30, 1994 In the markup of his reform legislation, WIL­ OSHA responded to Congress' mandate Which has a bigger impact? LIAM FORD noted that American workers suffer with gusto. In October 1992, Builder magazine OSHA'S COSTS 3.3 million injuries every year. Not 10 minutes noted: On the other hand, OSHA's costs are much later, Representative MATIHEW MARTINEZ OSHA's 1,200 inspectors are making fewer greater than just adding the cost of operating claimed that 6.3 million workplace injuries oc­ visits to housing sites than they did during the administration with the amount of penalties curred every year. Meanwhile, the AFL-CIO the last housing boom, but their inspections it assesses. claims that 7 million workers are killed, injured, are more thorough and more likely to result First, there's the compliance cost to employ­ in fines. OSHA fines against builders have or made sick on the job each year. ers. How many millions of hours do American In Secretary Reich's earlier testimony before soared from $29,000 a month in fiscal year 1987 to $114,163 a month in fiscal year 1991. employers spend researching OSHA's require­ the same committee, he pointed out that injury Since fiscal year 1992 began on October 1, ments and filling out OSHA paperwork? rates have risen in the last 20 years, from 3.5 1991, OSHA has been handing out fines to Second, and perhaps more importantly, is per 100 workers in 1974 to 3.9 today. Reich builders at the rate of $117,750. the loss in productivity that regulatory agen­ revealed that repetitive motion disorder cases, In my State of Colorado, OSHA penalties cies like OSHA cause, OSHA regulations have the "occupational disease of the information have risen from $298,000 in 1990 to $803,093 resulted in a significantly reduced productivity age," rose from 27,000 recorded cases in in 1992, an increase of 170 percent in 2 growth in the United States. This lower pro­ 1983 to 224,000 in 1991. From Secretary years. ductivity has resulted in billions in lost income Reich's perspective, OSHA is facing new I think it's obvious that Colorado's work­ per year. workplace risks that require new laws and reg­ places aren't three times as dangerous today These numbers are peanuts compared to ulations to combat. as they were in 1990. But then, it is also evi­ the costs of OSHA if the Ford OSHA bill be­ From my way of looking at it, we've had 20 dent that the increased number of fines have comes law. The nonpartisan Employment Pol­ years of OSHA and injury rates are exploding. little to do with safety. icy Foundation estimates that the compliance Labor statistics like these remind me of our According to the Association of General costs alone of the Ford bill will be $58 billion success with government-sponsored birth con­ Contractors, of the top 20 most frequently per year. Lost productivity will add billions trol and low-income housing. Inevitably, the cited violations, paperwork violations make up more. more time and money we invest in the solu­ the top 7, followed by positions 9, 11, 12, and Obviously, the costs of these OSHA regula­ tion, the bigger the problem becomes. 16. Almost 70 percent of OSHA citations are tions can't be ignored. The paperwork, the A closer examination of the workplace injury paperwork violations. surprise inspections, the excessive penalties problem reveals that it's over-stated. Not only So instead of working to ensure the safety all combine to force employers to jump are most workplace injuries minor in nature, of their employees, employers are forced to through federally-mandated hoops and hurdles the Bureau of Labor Statistics reports that two­ spend their time filling out forms and posting when they could be concentrating on their thirds of them don't result in any lost time at signs. I'm tempted to say that's what happens jobs. all. when you put bureaucrats in charge of safety. CONCLUSION Other more serious injuries are not work re­ You get safety on paper. WILLIAM FORD is right; we need to reform lated, but are reported as such so that the em­ LET THE MARKET WORK OSHA. Not expand it, mind you, but refocus ployee can take advantage of worker's com­ its efforts into more profitable channels. If pensation and other employer-provided bene­ While OSHA is busy collecting fines for missing files and warning labels, the market is OSHA is supposed to prevent accidents from fits. occurring, then let's allow OSHA officials to That's not to say that workers don't get seri­ busy making the workplace safer. Remember what happened to owners of Imperial Food? concentrate their efforts on prevention. ously hurt at the job. Its just that, as Secretary That means taking away OSHA's enforce­ Imprisoned for 20 years, sued, and fined into Reich admits, most workplace risk aren't ad­ ment powers and expanding its consulting re­ bankruptcy. OSHA had nothing to do with dressed by OSHA. sponsibilities. If Congress thinks it's necessary those penalties. WHAT OSHA DOES BEST for the Federal government to preach safety to Market economics and criminal laws work to OK, so OSHA is ineffective at saving lives, employers, we can do it without the bully-boy punish employers who recklessly endanger and its impact on injuries is suspect. What mentality. the lives of their employees. Once again, let's does it do well? Once again, the bottom line was summed listen to Secretary Reich: Raise money. OSHA is so proficient at levy­ up nicely, if unconsciously, by Secretary Reich ing fines that employers in my district are con­ In addition to human suffering, accidents, when he noted that "work accidents make up and illnesses on the job also exact a substan­ vinced that the OSHA gets to keep all the only 20 percent of all accidents." All things money it raises. They can't believe a Federal tial economic toll on society. Employees are directly saddled with much of this bill, as ex­ being equal, you're safer on the job. agency could be so energetic without a direct emplified by workers' compensation pay­ incentive. ments of $52 billion in 1992, the last year for While this fear is unfounded, unless Chair­ which such data are available. Total em­ HONORING THE RECIPIENTS OF man FORD's reform bill becomes law, the re­ ployee benefits paid on an annual basis, such THE ITALIAN TRIBUNE'S COLUM­ ality is not much better. Congress, under the as wage replacement and medical costs, in­ BUS DAY AWARDS guise of public safety, is using OSHA to bal­ creased from $3 billion in 1970 to $38 billion ance the budget. in 1990. Compensation per covered employee increased from $51 to $402 during that period. HON. ROBERT MENENDFZ In the 1990 Budget Reconciliation Act, Con­ OF NEW JERSEY Chairman FORD sounds the same refrain gress Explicitly called on OSHA to increase IN THE HOUSE OF REPRESENTATIVES it's collections by $900 million over 5 years. when he points out that all those injuries result To help it accomplish that goal, OSHA fines in 1 .5 million lost workdays or $116 billion per Friday, September 30, 1994 were increased seven-fold and mandatory year in lost productivity. Add those two num­ Mr. MENENDEZ. Mr. Speaker, I rise today minimums are established for serious viola­ bers up and you get $198 billion lost by em­ to pay tribute to Dr. James M. Orsini, Nat tions. ployers every year due to workplace deaths Rosasco, Sr., Anita Roselle, Joseph The conference report to the reconciliation and injuries. Buttafuoco, Nancy Emiliani, and Mary Iarossi. act gives lip-service to increasing safety, but Do you think America's employers have no­ All of these people have been chosen to re­ the true motion is transparent enough: ticed? ceive awards by the Italian Tribune at their changes in OSHA Act civil penalties will What Secretary Reich and Chairman FORD Columbus Day Awards Banquet on October 2. produce nearly $900 million in new Federal are telling us, apparently without being aware All of the recipients are hardworking individ­ revenues over 5 years. The conferees expect of it, is that the market of economics and ex­ uals who deserve to be recognized for their ef­ OSHA to assess significantly higher penalty isting labor laws-exclusive of OSHA-already forts to help their fellow man. across-the-board given the seven-fold in­ work to protect employees. Dr. Orsini, who will be receiving the Man of crease in the maximum allowable penalty. All To make the point clearer, in 1990, the mar­ the Year Award, is a medical oncologist who revenues collected will be deposited in the ket fined employers $198 billion for the injuries specializes in the treatment of cancer. Dr. U.S. treasury for purposes of Federal deficit and illnesses of their employees. That same Orsini has had a distinguished career. In addi­ reduction. year, OSHA proposed $72 million in penalties. tion to maintaining a private practice, he is a September 30, 1994 EXTENSIONS OF REMARKS 27107 staff physician at a number of hospitals and TRIBUTE TO COL. THOMAS F. Science, Technology, Research and Policy serves as a clinical instructor at Mount Sinai ELLZEY, JR., COMMANDING OFFI­ Center which will be the centerpiece to the Hospital's Department of Neoplastic Disease CER, FORT ORD, CA economic revitalization to the California central and at the University of Medicine and Den­ coast economy. Colonel Ellzey's commitment to excellence tistry in Newark. Due to his outstanding HON. SAM FARR is exemplified through his innovative leader­ record, former Governor Jim Florio appointed OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES ship and work to enrich the quality of life in him to the Commission of Cancer Research, the Fort Ord community during a turbulent where he and other oncologists devote count­ Friday, September 30, 1994 transition from military to civilian use of a his­ less hours to fighting the war against cancer. Mr. FARR of California. Mr. Speaker, I rise toric institution. His dedicated service to our Nat Rosasco will be receiving the Italian today to pay tribute to Col. Thomas F. Ellzey, country, the soldiers under his command and Heritage Award. Mr. Rosasco is chairman of Jr., one of the finest officers serving the U.S. their families, as well as to the civilian employ­ the board of Northwestern Golf, a family­ Army, and our Nation, on his extraordinary ees of Fort Ord, have earned him tremendous owned business based in Chicago. Northwest­ achievement of receiving the Distinguished respect and admiration by the community, and Service Medal. ern is one of the most widely recognized reflect great credit on him and the U.S. Army. His additional military awards and decora­ I commend him on his extraordinary career, names in the golf industry. Mr. Rosasco took tions include the Legion of Merit, Distinguished and on behalf of the Monterey-Fort Ord com­ over the company after his father's death. Flying Cross, Bronze Star, Meritorious Service munity I convey our deepest appreciation for a Under his direction, Northwestern has flour­ Medal, Air Medal, Purple Heart, Combat Infan­ job well done on the historic occasion of the ished. tryman's Badge, and Senior Aviator Badge. closing of Fort Ord. Anita Roselle has been named Humani­ Colonel Ellzey began his Army career as a draftee inducted into the Army during the Viet­ tarian of the Year for her work in the commu­ HUMAN RIGHTS ABUSES IN IRAN nity. Mrs. Roselle is the first woman to receive nam conflict in 1967, and was commissioned an infantry officer upon graduating from Officer this prestigious award in the 24-year history of Candidate School in February 1969. As a lieu­ HON. DAN BURTON the Italian Tribune's Columbus Day celebra­ tenant, he served as a platoon leader and ex­ OF INDIANA tion. Mrs. Roselle works hard to raise money ecutive officer of a training company at Fort IN THE HOUSE OF REPRESENTATIVES for the Association for Retarded Citizens, and Jackson, SC. Upon arrival in Vietnam in June Friday, September 30, 1994 also helps raise funds for the Muscular Dys­ 1970, he served with the 101 st Airborne Divi­ Mr. BURTON of Indiana. Mr. Speaker, the trophy Association. In addition, she is a mem­ sion as a UH-1 section leader and later as an government of Iran continues to grossly violate ber of the Board of Directors and the Board of infantry platoon leader. Subsequently he human rights and to promote terrorism around Governors of the Jersey Shore Medical Cen­ moved up to become a company commander the world. Their reprehensible conduct is a ter. Mrs. Roselle has clearly dedicated herself and a battalion executive officer of various perversion of the noble ideals of Islam. to a variety of social causes. training units at Fort Jackson. While with the Last week, several of my colleagues held a 82d Airborne Division, Fort Bragg, NC his Joseph Buttafuoco is the recipient of the press conference to call upon the State De­ service included time as a flight standardiza­ Christopher Columbus Achievement Award. partment to hold a dialog with the People's tion officer, division aviation officer and battal­ Mujahedin of Iran. Such a dialog very clearly Mr. Buttafuoco, has had a long and distin­ ion executive officer. While with the 269th guished career. After receiving his law degree represents the will of the Congress. It makes Combat Aviation Regiment, he commanded no sense at all to ignore a very important op­ from Notre Dame in 1953, he volunteered for the battalion's 18th Aviation Company. In addi­ position movement in Iran which is fighting the military service. He served in the Euro­ tion to his tour of Vietnam, Colonel Ellzey's against a tyrannical, evil regime. · pean Command as a special agent for the overseas duty include time serving as the liai­ I commend to my colleagues this excellent U.S. Counterintelligence Corps. During his son officer to the Japanese Military Academy editorial from the New York Times of Septem­ service, he was assigned to the most sensitive while stationed at Camp Zama, Japan, and as ber 26, 1994, which expresses the views of projects in the area of security and counter es­ the Army Forces Commander for Operation many Members of Congress on this important pionage. In 1970, Mr. Buttafuoco began his Sea Angel in Bangladesh. matter. own practice and still practices law today. In August 1993, Colonel Ellzey became the [From the New York Times, Sept. 26 , 1994) U.S. Army garrison commander at Fort Ord, LISTEN TO ALL IRANIAN VOICES Nancy Emiliani has been named Queen of and later that year was designated as the the 1994 Columbus Day Parade. She is a In dealing with a dictatorship, it is simple commanding officer of the base, upon the in­ prudence to listen to its critics. This has not graduate of Fairleigh Dickinson University, activation of the legendary 7th Light Infantry been U.S. policy in dealing with Iran's cleri­ where she received a degree in marketing. Division, whose battalions relocated to Fort cal tyranny. The State Department has She has played an active role in Emiliani Lewis, WA. shunned all contact with a key opposition Beauty Supply Co., Inc., a family-owned busi­ Perhaps one of the most diverse assign­ group, the People's Mujahedeen, which also ments of his career. Commander Ellzey quick­ happens to be the group most loudly de­ ness throughout her life. Currently, she is the nounced by Iran. Bothered by this boycott, sales manager for the company. ly demonstrated his strong and innovative Army leadership by providing stability to the Congress last year instructed the Adminis­ Mary Iarossi is the recipient of the Woman tration to prepare an objective written re­ soldiers and their families, along with the civil­ port on all the Iranian opposition groups. of the Year Award. When Ms. Iarossi was 16 ian workers of Fort Ord during the base clo­ Yet the State Department still refuses any years old, she joined the Sons of Italy and sure process. At the same time he provided contact with the People's Mujahedeen, a took senior citizens on trips. She has been the support and assistance to the fragmented stance protested the other day by a flock of coordinator of the senior citizens program at local community which was devastated by the U.S. senators and nearly a hundred rep­ Sacred Heart Church in Newark for over 1O closure of the largest military installation in the resentatives. Indeed, it is hard to see how country. His open communication policy with any study can be complete as long as the years. Ms. Iarossi is the founder and president State Department studiously ignores one im­ of the Damiano Nittoli Association, a group community officials contributed significantly to portant component of the Iranian opposition. well-known in the State for their community the success of a new era at Fort Ord for civil­ More specifically, the State Department service. ian reuse. His extraordinary leadership en­ should at least give the group a chance to abled both the Army and the Fort Ord commu­ answer the charges that have made it so con­ All of the award recipients are truly deserv­ nity to overcome some of the most difficult ob­ troversial and, apparently, so unpopular ing of the honor being bestowed upon them. stacles which threatened the initial phases of among U.S. foreign policymakers. Among They have done so much for their fellow civilian reuse, which resulted among other these charges are that, in years past, the human beings; more than I can, and have, group was responsible for killing Americans, things as the historic transfer of Army property and that today it obtains help and protection mentioned today. Please join me in paying to the State of California for the purposes of from Saddam Hussein's Iraqi dictatorship. tribute to these award recipients for their out­ developing a California State university at the Some facts are not in dispute. The People's standing work in their community. site of Fort Ord and a University of California Majahedeen and its leader, Massoud Rajavi, 27108 EXTENSIONS OF REMARKS September 30, 1994 were part of the radical coalition that ousted EXPRESSING THE SENSE OF CON­ nent union, the extension of Supplemental Se­ the Shah of Iran in 1979; only later did these GRESS REGARDING THE COM­ curity Income, and equality of food stamps generally secular revolutionaries break with MONWEALTH OPTION PRE­ equal to the States without equal fiscal re­ the ayatollahs. It is also a fact that this SENTED IN THE PUERTO RICAN sponsibilities. Furthermore, the commonwealth group has resorted to armed rebellion; its in­ surgents have struck across frontiers from PLEBISCITE status would guarantee irrevocable United bases in northern Iraq. But its ubiquitous States citizenship, Puerto Rican fiscal auton­ representatives claim their movement is HON. DON YOUNG omy, and a common market, currency, and democratic, that it long ago shed its anti­ OF ALASKA defense with the United States. Americanism and that it has helped to galva­ IN THE HOUSE OF REPRESENTATIVES It should not be surprising, given human na­ nize a global campaign against human rights ture, that a plurality of the people voted for a offenses within Iran. Friday, September 30, 1994 guarantee of virtually all of the benefits and One can doubt any or all of these claims Mr. YOUNG of Alaska. Mr. Speaker, the assistance of U.S. citizenship without the cor­ and still be troubled by the State Depart­ · Legislative Assembly of Puerto Rico enacted a responding duties and obligations. Notwith­ ment's closed ears. It is especially distaste­ concurrent resolution asking the United States ful that this boycott is treated as a victory standing the option of "all-the-goodies-without­ Congress to respond regarding the viability of the-price," and to the grand credit of the peo­ by Iranian mullahs, who urge other states to the commonwealth option of the November have no contacts with Mr. Rajavi's " terror­ ple of Puerto Rico, a combined majority chose ists." This comes with special impudence 14, 1993 political status plebiscite, which re­ status options offering additional rights and re­ from clergymen who clamor for the death of ceived a slim plurality of the votes cast. I am sponsibilities. A near plurality of voters chose the novelist Salman Rushdie, who are plau­ pleased to join Senator PAUL SIMON in a bipar­ statehood with the same rights, benefits, and sibly linked with the murder of Iranian dis­ tisan and bicameral response to the legisla­ responsibilities of the .50 States; a small frac­ sidents in France, Switzerland, Turkey and ture's request, which is appropriate given the tion voted for independence with the inherent elsewhere, and whose agents are believed to Congress' constitutional responsibilities for have assailed Mr. Rushdie's translators and rights, powers, and obligations of separate matters affecting the territories. sovereignty. publishers in Japan, Italy and Norway. We are introducing a concurrent resolution It is essential to a meaningful self-deter­ Speaking in Chicago last month to the an­ of the United States Congress regarding the mination process for the United States House nual convention of B'nai B'rith, President commonwealth option presented in the plebi­ and Senate to provide the people of Puerto Clinton called the Iranian regime " the scite with utmost respect of the people of world's leading sponsor of state-sponsored Rico a sense of the Congress concerning the Puerto Rico, their elected leaders, and the terrorism." So long as Teheran continues to viability of the elements of the commonwealth self-determination process. The resolution is export death squads, and exhorts its fol­ formula proposed in the November 14, 1993 made in good faith and with the best of inten­ lowers to kill a foreigner for writing a book, plebiscite. Therefore, after extensive examina­ tions for the people of Puerto Rico, who have it cannot in decency ask Washington to tions and scrutiny and based on bipartisan avoid contacts with " terrorists." Iran's own been staunch loyal United States citizens for and bicameral deliberations considering the record needs to be taken into account if the over three-fourths of this century. Any pro­ U.S. Constitution and Federal laws as they re­ Administration is to be truly objective in posed change to the existing fundamental re­ late to the commonwealth formula, a concur­ judging the Iranian opposition. lationship with our fellow United States citi­ rent resolution of the United States' House zens in Puerto Rico is very important and is and Senate is being introduced. The common­ not to ,be treated lightly. Of the total votes cast in the plebiscite, 48.6 wealth formula is clearly not an economically TRIBUTE TO CARL W. RICHTER percent voted for the commonwealth option, or politically viable alternative to the current 46.3 percent voted for statehood, and 4.4 per­ self-governing, unincorporated territorial status cent voted for independence. While a plurality of the Commonwealth of Puerto Rico; and the HON. DAVID E. BONIOR of the voters supported commonwealth as de­ unalterable bilateral pact that such common­ wealth formula proposes as the vehicle for OF MICHIGAN fined on the ballot, the majority voted for other permanent union of Puerto Rico with the Unit­ IN THE HOUSE OF REPRESENTATIVES status options. Consistent with the plebiscite law, the Legislative Assembly of Puerto Rico ed States is not a constitutionally viable alter­ native to the current self-governing, unincor­ Friday, September 30, 1994 · petitioned the Congress to express itself con­ cerning the principles of the commonwealth porated territorial status of the Commonwealth Mr. BONIOR. Mr. Speaker, I rise today to formula. of Puerto Rico. pay tribute to Carl W. Richter who is being In analyzing the substance of the common­ It is unfortunate that the voters have faced honored by the Macomb Oakland Chapter of wealth option it is necessary to also consider unrealistic and inflated expectations of a sup­ the Coalition of Labor Union Women on the process which led to the November 14, posed commonwealth relationship with the Wednesday, October 12. 1993 plebiscite. In the interest of political com­ United States. However, this has become an I have known Carl for many years and have ity, the Legislative Assembly of Puerto Rico opportunity to set the record straight; to quell had the fortunate opportunity to work with him permitted each of the three political parties ad­ the commonwealth fantasy status which con­ on numerous occasions. Carl worked for vocating one of the three status options of tinues to be promoted to the detriment of the Ameritech for 25 years and is currently serving statehood, commonwealth, and independence society it is purported to help. While it is true as president of the Communications Workers to provide the status definitions to appear on that the United States-Puerto Rico relation­ of America Local 4008 where he represents the plebiscite ballot. The plebiscite law also ship shares many things in common, no per­ 900 members. provided each option equal public education manent union secured by an unalterable bilat­ eral pact with irrevocable American citizenship Carl has devoted his time and talents to funding, a mutually agreed limitation on total is possible under any variation of the pro­ serving the needs of the membership for many media expenditures by each party, a freeze on posed commonwealth formula. Our U.S. Con­ years. His work to ensure that working men government-agency media expenditures 60 stitution provides the only avenue for irrev­ and women in the communications industry days prior to the plebiscite, and independent ocable U.S. citizenship, total equality, and per­ are treated fairly so that they might provide for oversight of the voting process. However, the manent union. their family has rightly earned Carl recognition law's genuine intent to be fair unintentionally from his peers. fostered a weakness by permitting historically I want to commend the people of Puerto unprecedented hypothetical status definitions Rico for their steadfast faith in our constitu­ I applaud the Coalition of Labor Union on the ballot. tional democracy and for adhering to local and Women for recognizing Carl. He has provided The people were presented a mythical com­ Federal laws during the plebiscite process. outstanding leadership to the CWA and I know monwealth option which proposed significant Last year's act of self-determination is a model he is proud to be honored by the Coalition. changes to the current relationship between for other communities, as it was peaceful On behalf of the Coalition of Labor Union Puerto Rico and the United States, including while appropriately exuberant. In contrast to Women , I urge my colleagues to join me in the execution of a bilateral pact between Puer­ the political and civil turmoil in other areas. saluting Carl Richter for his commitment to to Rico and the United States that would be Puerto Rico truly merits the motto of "The working men and women everywhere. unalterable except by mutual consent, perma- Shining Star of the Caribbean." September 30, 1994 EXTENSIONS OF REMARKS 27109 Although the plebiscite has not resolved 14, 1993, is not an economically or politically ENTITLEMENT DAY Puerto Rico's status, hopefully the achieve­ viable alternative to the current self-govern­ ment is real progress in self-determination to­ ing, unincorporated territorial status of the Commonwealth of Puerto Rico; and HON. BILL ORTON ward realistic and substantiated status options. (3) the unalterable bilateral pact that such OF UTAH I will continue to monitor the self-determination commonwealth formula proposes as the vehi- IN THE HOUSE OF REPRESENTATIVES aspirations of our fellow citizens in Puerto . cle for the permanent union of Puerto Rico Friday, September 30, 1994 Rico, as well as the other United States terri­ with the United States is not a constitu­ tories, as a solemn obligation of the Congress. tionally viable alternative to the current Mr. ORTON. Mr. Speaker, today I am intro­ Following is the full text of the concurrent self-governing, unincorporated territorial ducing a concurrent resolution expressing the resolution responding to the Puerto Rico politi­ status of the Commonwealth of Puerto Rico. sense of the Congress that we should take ac­ cal status plebiscite of November 14, 1993: tion to rein in entitlement growth and to ensure that the burden of such spending does not fall H. CON RES. 300 TRIBUTE TO REV. D. KEITH disproportionately on future generations. This Whereas the Government of the Common­ OWENS, PASTOR OF THE SALEM resolution is being offered as the base text for wealth of Puerto Rico enacted legislation to BAPTIST CHURCH allow the people of Puerto Rico to express, consideration of entitlement day, scheduled for through a plebiscite, their preference regard­ House consideration next week. ing the nature of the future relationship be­ HON. ROBERT MENENDFZ Entitlement day is another in a series of tween Puerto Rico and the United States; OF NEW JERSEY promises fulfilled by House leadership pursu­ Whereas the plebiscite ballot contained the IN THE HOUSE OF REPRESENTATIVES ant to my A to Z agreement with Majority status options of statehood, commonwealth, Friday, September 30, 1994 Leader GEPHARDT announced in June. I be­ and independence, as defined by the three lieve it has become very clear that this agree­ principal political parties of Puerto Rico; Mr. MENENDEZ. Mr. Speaker, I rise today ment has achieved far more than A to Z could Whereas, in the plebiscite of November 14, before the House of Representatives to pay ever have hoped to achieve, with respect to 1993, 48.6 percent of the people of Puerto Rico tribute to Rev. D. Keith Owens, Salem Baptist voted for commonwealth status, 46.3 percent legislative actions to reduce the deficit. Church of Jersey City's new pastor. As a result of open rules on appropriations voted for statehood status, and 4.4 percent The Salem Baptist Church was founded in voted for independence; bills this summer, the House had the oppor­ Whereas the commonwealth status option 1870 and was born the Second Baptist Mis­ tunity to vote on 7 4 amendments to cut spend­ presented to the Puerto Rican electorate on sion, when the congregation worshiped in the ing, many of which passed. The House has November 14, 1993, proposed significant home of Joseph and Mary Bailey. In 1871, brought to the floor and passed four major changes to the current relationship between Reverend Hutchingson, the mission's second budget process reforms, including line-item re­ Puerto Rico and the United States, includ­ leader, secured the larger Carr's Hall for wor­ scission authority, reform of emergency ing- ship. In 1875 the mission was organized as (1) the execution of a bilateral pact be­ spending, reform of baseline budgeting, and the Salem Baptist Church and Reverend entitlement controls. tween Puerto Rico and the United States Hutchingson was ordained pastor. In 1877 that would be unalterable, except by mutual As significant as these actions were, we still consent; Rev. Richard A. Motley accepted the pastorate face the greatest challenge of all-dealing with (2) permanent union between Puerto Rico and served until 1904. During this time a the tremendous growth of entitlement spend­ and the United States; building was purchased and Joseph Bailey ing. Proof of the enormity of this challenge can (3) the extension of supplemental security and Matthew Brown were ordained ·Salem's be found everywhere. In July, I joined a num­ income (SSI) under title XVI of the Social first deacons. From 1929 to 1934 the church ber of Members in offering an amendment to Security Act (42 U.S.C. 1381 et seq.) to citi­ was under the leadership of Rev. Furman W. provide for a reasonable growth ceiling for en­ zens of Puerto Rico; and (4) equality between Puerto Rico and the Means. During these 14 years the Sunday titlements. It allowed for increases in inflation, States regarding food stamp allocations school flourished, the auxiliaries expanded, plus population, plus an additional 1 percent under the Food Stamp Act of 1977 (7 U.S.C. and the church gained the national recognition growth over a 3-year period. This amendment 2011 et seq.); of Baptists. The years to follow saw the lost by a substantial margin. Whereas the commonwealth status option church negotiate and pay for the present site Over the last several months, the bipartisan presented to the Puerto Rican electorate on of Salem at the corner of Clinton and Madison Commission on Entitlement and Tax Reform November 14, 1993, stated that common­ Avenues. has held hearings and issued preliminary find­ wealth status would guarantee- Rev. D. Keith Owens, born in Dillon, SC and ings on the growth of entitlements. This proc­ (!) irrevocable United States citizenship; (2) Puerto Rican fiscal autonomy; and raised in Newark, NJ, comes to Salem by way ess has been tremendously contentious. Find­ (3) a common market, common currency, of Kaighn Avenue Baptist Church in Camden, ing a consensus on actions needed to control and common defense with the United States; NJ, where he was senior pastor for 5 years. entitlement spending will not be an easy task Whereas the legislature of Puerto Rico Emphasizing the importance of youth and edu­ for the commission. passed a concurrent resolution asking that cation, Reverend Owens established a schol­ Entitlement day is a further effort to continue the Congress make a statement concerning arship and endowment fund to help students this critical public dialog. The base text of the the viability of the commonwealth ballot in poor communities in Camden to afford col­ resolution I am introducing today contains the formula presented to the people of Puerto following language: "Resolved, That it is the Rico in the plebiscite of November 14, 1993; lege educations. Whereas the Congress holds great respect Living by the creeds of the greats who pre­ sense of the Congress that current trends in to Puerto Ricans as citizens of the United ceded him, including his parents, and other entitlement spending are not sustainable and States; and family members who were ministers, Rev­ Congress must act to resolve the long-term Whereas it is incumbent upon the Congress erend Owens' own achievements speak for imbalance of the entitlement promises and to express the sense of the Congress concern­ themselves. At 32 years of age, he has written available funds to ensure that today's debt ing the viability of the elements of the com­ a weekly column on religion and current does not fall unfairly on America's children." monwealth formula proposed in the Novem­ events for a local Camden area newspaper, I hope that the debate over this resolution ber 14, 1993, plebiscite: Now, therefore, be it taught speaking and English at a county col­ will address the need of Congress to actively Resolved by the House of Representatives (the Senate concurring), That it is the sense of the lege, directed public relations for the National confront the tremendous growth of entitlement Congress that- Ministries, lectured throughout the United spending, the effect it has on our budget defi­ (1) the changes to the political relationship States and Africa, and made numerous tele­ cit, and the deleterious effect this continued between Puerto Rico and the United States vision appearances in addition to pastoring. growth has on future generations. In the short that are described in the option of the Puer­ The list of accolades, memberships, and ac­ run, continued deficits caused by exploding to Rico plebiscite of November 14, 1993, tivities is endless. entitlement costs raise interest rates, crowd known as the commonwealth option would I'm proud to have the opportunity to recog­ out private borrowing, and become a drag on provide to United States citizens who are nize Rev. D. Keith Owens and the Salem Bap­ residents of Puerto Rico the Federal benefits the economy. In the long run, unchecked by of United States citizens living in the States tist Church before the House, and I ask my action now, entitlement spending will over­ without the concomitant responsibilities; colleagues to join me in thanking them for whelm our budget, causing either severe cut­ (2) the commonwealth formula presented their service to the community and commend~ backs in important Federal programs or mas­ in the Puerto Rican plebiscite of November ing their achievements. sive tax increases. 27110 EXTENSIONS OF REMARKS September 30, 1994 I believe and hope that we can reach con­ should be reduced or deferred, except for TRIBUTE TO BARBARA BERGER­ sensus on this resolution. However, the next beneficiaries with annual income below 200 HILL question . is how to address this problem. De­ percent of the poverty level." A vote for this bate this Congress over health care reform resolution is a vote to revise the formula for HON. DAVID E. BONIOR gives little comfort that health care reform will determining COLA's or to limit automatic OF MICHIGAN be the answer. This year's debate has gen­ COLA's in some fashion, except for those indi­ IN THE HOUSE OF REPRESENTATIVES erally demonstrated that even if we can enact viduals falling below 200 percent of the pov­ Friday, September 30, 1994 health care reform, we will probably be lucky erty level. A vote against this resolution is a Mr. BONIOR. Mr. Speaker, I rise today to to even keep it revenue neutral. vote not to consider this source of automatic For this reason, when I pushed for entitle­ pay tribute to Barbara Berger-Hill who is being entitlement growth as a possible area of deficit honored by the Macomb Oakland Chapter of ment day, I asked for public debate on the reduction. three entitlement reform measures which the Coalition of Labor Union Women on would generate the greatest savings, accord­ I recognize that these are tough, emotional Wednesday, October 12. ing to CBO's recent publication "Spending and issues. However, I believe it is imperative that Barbara was a founding member of the Co­ Revenue Options." These are means testing, we debate them. The simple truth is that we alition of Labor Union Women and remains ac­ raising the retirement age, and limitations on cannot realistically balance the budget-or tive in the Michigan Macomb Oakland Chapter COLA's. I recognize that these are controver­ even keep it from growing dramatically in the as an alternate delegate to the United Auto­ sial, that they affect popular programs. But, as next few years-without making tough deci­ mobile Workers. virtually every budget expert acknowledges, sions on these issues. The American public For years, Barbara Berger-Hill has devoted we have no chance of significantly reducing deserves no less than a thorough public de­ her expertise to serving the members of the UAW, the CLUW, and the NAACP. She has entitlement spending without making tough bate. choices, without dealing with popular pro­ continuously worked on the behalf of those grams. who punch a clock and pack a lunch. In addi­ Therefore, my understanding is that at least tion to her many responsibilities as a union three amendments will be offered to the base REMARKS ON THE CLOSING OF representative, she has served as a labor liai­ text of my resolution. The first, dealing with FORT ORD son to Middlesex and Essex Community Col­ means testing, states: "that it is the sense of lege. the Congress that payments through Federal I applaud the Coalition of Labor Union Government entitlement programs, except for HON. SAM FARR Women for recognizing one of their own benefits from programs into which an individ­ founding members. She continues to serve the ual contribution has been made by the recipi­ OF CALIFORNIA working men and women she represents with respect and dignity and I am sure she is proud ent, should be means tested so that benefits IN THE HOUSE OF REPRESENTATIVES would be reduced or eliminated dependent to be honored by the Coalition. On behalf of the Coalition of Labor Union upon the income of the recipient." Friday, September 30, 1994 Quite simply, this resolution raises the policy Women, I urge my colleagues to join me in Mr. FARR of California. Mr. Speaker, there saluting Barbara Berger-Hill for her commit­ question of whether currently non-means-test­ are perhaps few events in my district's history ed Federal entitlements should be means-test­ ment to working men and women everywhere. as momentous as the passing of Fort Ord. Not ed-that is, be reduced for individuals with only does its closure today represent the end higher levels of income. It excludes from of a proud military era, but more importantly, MOST FAVORED NATION TRADE means-testing consideration "benefits from STATUS FOR RUSSIA programs into which an individual contribution it demonstrates a major economic shift on the has been made by the recipient"-that is, So­ central coast of California. From a military­ HON. STENY H. HOYER cial Security and Civil Service retirement ben­ based economy, this area is now well on its OF MARYLAND efits. A vote in favor of this resolution affirms way to becoming an economy with education IN THE HOUSE OF REPRESENTATIVES the principle that we should means-test the re­ as its central theme. maining non-means-tested programs at some Of course, for many, this change has not Friday, September 30, 1994 income level. A vote against this resolution come easy. And while there has been tremen­ Mr. HOYER. Mr. Speaker, President Clinton means that no matter how high one's income dous hardship, I am convinced that this hard­ has announced that Russia is in compliance is, that individual should be entitled to unlim­ ship will yield tremendous opportunity. Al­ with pertinent sections of the Trade Act of ited Federal entitlement benefits. ready, we have seen the signs. The new Cali­ 1974, and that the United States will extend The second amendment is a resolution fornia State University, Monterey Bay, for ex­ most-favored-nation [MFN] trade status to dealing with the qualification age for entitle­ ample, will usher in a major economic revival Russia without the previously required annual ment benefits. It states: "that it is the sense of with hundreds of new jobs as well as heavy review. As required by title IV of the Trade Congress that the age of qualification for age­ student and faculty spending. I am also con­ Act, however, the President will continue to dependent Federal benefits should be in­ fident that surrounding development will pro­ provide Congress with periodic reports regard­ creased." This resolution would apply to all vide an enormous boost to the entire area. ing Russia's compliance with the emigration age-dependent retirement benefits, including standards envisioned in the Trade Act. potentially Civil Service retirement benefits, In fact, I am more certain than ever that up­ Mr. Speaker, I view this change in United Social Security, and Medicare. A vote for this coming activity at the Fort Ord site will quickly States trade policy with Russia as a positive resolution is a vote that Congress should con­ return our area to the prosperity it once knew. step, one that recognizes the progress that sider an increase in the age of qualification of In so doing, it will also set the national stand­ Russia has made in allowing its citizens to one or all of these programs. In all likelihood, ard for other communities around the country emigrate and travel abroad. any such changes would be phased in over an suffering a base closure. In June 1993, I testified before the Ways appropriate period of time, so that those who Already, many have taken notice. In Wash­ and Means Committee on behalf of myself and Senator DECONCINI as cochairman of the are approaching this age in the next few years ington, the Federal Government has quickly Commission on Security and Cooperation in would not be unnecessarily affected. A vote seen that the changes at Fort Ord just make Europe that with respect to Russia, the United against this resolution is a vote that we should good fiscal sense. Designating the base as a States should grant MFN with a yearly renew­ not even consider changing the age qualifica­ national model for conversion, it has also tion for these programs, even into the next able waiver, which up until now has been the shown its higher regard by committing $29 century. policy. Since that time, the mechanism estab­ million to CSU's efforts in converting former The third amendment is a resolution dealing lished by the Russian Government to resolve with automatic cost-of-living increases, or barracks into dormitories and classrooms. secrecy denials, adjucation by the Lavrov COLA's. The resolution states: "that it is the I know this commitment will continue. It has Committee of the Foreign Ministry, has been sense of the Congress that payments of an­ been and will continue to be my pleasure to working well. Over 100 refusals have been nual cost-of-living adjustments [COLA's] see that it does. overturned by the Lavrov Committee. September 30, 1994 EXTENSIONS OF REMARKS 27111 Meanwhile, Russian courts are beginning to ing dozens of countries-from Brazil to Fiji rights-such as freedom of speech- with pol­ hear the so-called poor relatives cases, in to Poland to Russia to South Vietnam and icy (a guaranteed job for example). which a potential emigrant is prevented from Zimbabwe- on how to write new constitu­ While working that first job in South Viet­ nam, he found there was no easy reference leaving by financial claims of a relative. tions. " My son calls me a Jewish James Madi­ work and decided to put one together him­ Altogether, approximately 100,000 Soviet son," Mr. Blaustein said in a 1991 interview self. The result was " Constitutions of the Jews and others are leaving Russia yearly, in Moscow, where he had been summoned to Countries of the World," which was first pub­ most for Israel, but also to the United States help draft the constitution for the new Rus­ lished in 1971. Updated regularly, the collec­ and other countries. sian Republic. tion has grown to 22 volumes. It includes Mr. Speaker, I do not want to conclude my "His knowledge of the constitutions of the every nation's constitution and critical es­ remarks by giving the impression that emigra­ world was the most significant thing about says on the history of each. tion from Russia is totally unhindered. This is him, but he was also a great teacher," said Mr. Blaustein was a nearly compulsive col­ still not the case, unfortunately. While I was in Roy Mersky, a professor of law at the Uni­ lector. Several years ago, his collection of more than 2,500 bars of soap from every hotel St. Petersburg last spring with the majority versity of Texas-Austin and a frequent col­ laborator of Mr. Blaustein's. in which he had ever stayed, all labeled, leader, I had several meetings with human The two men were in the process of revis­ dated and indexed, was purchased for a figure rights activists. I met Mrs. Evgeniya Kunina, ing a book of biographical sketches and sta­ placed by the family yesterday at about who had been told that she would not be able tistics on the 108 justices to sit on the U.S. $1 ,500 by Ripley's Believe It or Not Museum to leave Russia to join her son in New York Supreme Court. in Irving, Texas. until 1999 because of her previous employ­ A son, Eric Blaustein of Cary, N.C ., said A year later, Eric Blaustein said, his father ment at a classified facility. The Lavrov Com­ Mr. Blaustein had appointments today in sent him back to the museum with a large mittee recently ruled that she would have to Washington, D.C., where he had hoped to sachel of new soaps. The collection was piled in a large antique bathtub, with a picture of wait until 1996, the 5 years required by Rus­ press government officials to support human-rights issues in Haiti and Latin Mr. Blaustein on a nearby tripod. sian law after leaving her job in 1991. While America, and was due in Tokyo on Oct. 2 to Mr. Blaustein also had collected more than this is a step forward-insofar as the law is lecture on constitutional law. 500 ballpoint pens from around the world and being followed-the fact is that free emigration But, perhaps sensing that his life's work he had thousands of airline luggage tags does not yet exist. And this is why the Con­ was nearing its end, Mr. Blaustein told his stacked on an antique grocer's scale in his gress will be closely examining the President's son on Wednesday evening, " Eric, I have no cluttered corner office at Rutgers. periodic reports on Russia's compliance with regrets," the younger Blaustein said yester­ At the time of his death, he was under con­ tract with Princeton Press to write his auto­ the Trade Act. day. " He was not afraid to die," said his son, biography. " I don't know that he even start­ " He said nobody lived a better life than he ed it," Eric Blaustein said yesterday. In addition to his son Eric Mr. Blaustein is TRIBUTE TO ALBERT BLAUSTEIN did. He'd traveled. The work he did made a difference. He leaves a legacy both in print survived by his wife, Phyllis; son, Mark of and in family." Fort Lee, N.J .; a daughter Dana Litke of HON. DAN BURTON As a constitution writer-for-hire, whose Northfield, N.J.; a sister, Marjorie Simon of OF INDIANA workload grew immense with the fall of com­ Purchase, N.Y.; and four grandchildren. IN THE HOUSE OF REPRESENTATIVES munism and the breakup of the Soviet Funeral services will be held tomorrow at noon at Platt Memorial Chapels, 2001 Berlin Friday, September 30, 1994 Union, Mr. Blaustein had said the job title he preferred was " custom framer." Rd., Cherry Hill. Interment will be at Cres­ Mr. BURTON of Indiana. Mr. Speaker, on In 28 years of helping countries draft new cent Burial Park, Pennsauken. August 22, 1994, America lost one of its fore­ constitutions, Mr. Blaustein consistently re­ most constitutional scholars, Prof. Albert frained from imposing the United States' [From the New York Times, Aug. 23 , 1994] Blaustein of Rutger's University School of legal system on other nations. His tact was ALBERT P . BLAUSTEIN, A DRAFTER OF CONSTITUTIONS, DIES AT 72 Law. Al Blaustein was a scholar of inter­ seen as particularly useful in a nation such as Russia, where many leaders are sensitive (By Richard Perez-Pena) national repute, editor of the well-known to accusations of aping the West. "Compendium of World Constitutions," and Albert Blaustein, a law professor who dedi­ " A constitution has to spring from native cated nearly three decades of his life to author of numerous books and scholarly arti­ soil, to meet the basic needs and wants of a drafting constitutions for nat ional transi­ cles. He was famous for his authorship and given people," Mr. Bloustein had said in the tion, died on Sunday at Duke University contribution to national constitutions all over Moscow interview. " I am not here to tell Hospital in Durham N.C. after suffering a the world, including Russia, Fiji, and Liberia. them what to do. These people need a Rus­ heart attack. He was 72. His monumental role in the legal evolution sian constitution. I am basically here to an­ A fervent believer that a constitution of mankind will long be recognized. To his last swer questions." could help a nation define its legal, political day, he was working hard on promoting de­ He was born in Brooklyn Oct. 12, 1921. He and moral identity, Mr. Blaustein wrote the received his undergraduate degree from the mocracy and the rule of law around the world. constitutions now in use in Liberia and Fiji, University of Michigan in 1941. contributed large parts of the constitutions His friends will sorely miss his delightful per­ A one-time Chicago police reporter, he rel­ of Zimbabwe, Bangladesh and Peru and had a sonality and I am sure they all send their ished the murder stories of 50 years past and hand in the drafting of about 40 others, in­ sincerest condolences to Al's wife Phyllis and was noted for wearing gangland-era leather cluding those of Nicaragua, Romania and their children. braces. The GI Bill enabled him to attend Co­ post-Soviet Russia. I commend to the attention of my colleagues lumbia University's law school after World From his home in Cherry Hill N.J., Mr. the New York Times and Philadelphia Inquirer War II, and he developed an interest in con­ Blaustein, who taught at the Rutgers Uni­ obituaries of Albert Blaustein. stitutions while working as a law librarian, versity School of Law in Camden, was fre­ first at New York Law School and then at quently summoned by dissident groups as [From the Philadelphia Inquirer, Aug. 22, Rutgers. 1994) disparate as the Inkatha Freedom Party in His first overseas assignment was to help South Africa and a coalition of lawyers in ALBERT BLAUSTEIN, CONSTITUTION E XPERT write a constitution for South Vietnam in Nepal to help them stake out their positions (By Reid Kanaley) 1966. Since then he had traveled to more in drafting new constitutions. Those calls be­ Albert Paul Blaustein, 72 , one of a handful than 80 countries to help draft blueprints for came frequent in recent years as areas of the of U.S. legal scholars who have helped re­ governing. world, from Central America to Eastern Eu­ write the national constitutions of Eastern He personally wrote the constitutions of rope underwent wrenching change. Europe since the fall of communism, died of Bangladesh, Liberia, Zimbabwe and Fuji. He In a 1983 interview, Mr. Blaustein said: " A a heart attack yesterday. had drafted the latter on the same computer constitution is more than a structure and Mr. Blaustein lived in Cherry Hill. He was he played video games on during brief mo­ framework for government. It is in many professor emeritus at Rutgers University ments of leisure at his Rutgers office. senses a nation's frontispiece. It should be School of Law, Camden, where he had taught For Mr. Bloustein, the hallmarks of a good used as a rallying point for the people's the Constitution since 1954. At the time of constitution were clauses protecting the ideals and aspirations, as well as a message his death, he was in Durham, N.C., nearing rights of minority groups and ensuring sepa­ to the outside world as to what the country the end of a three-week vacation of exercise, ration of powers, freedom of speech and a stands for. " rest and dieting. multiparty system. He disliked constitutions Mr. Blaustein would try to interject West­ The scholar and human-rights advocate that imposed an overly centralized bureauc­ ern liberal notions into the constitutions he had traveled the globe since the 1960s, advis- racy and those that confused fundamental drafted; in the 1970's he tried, unsuccessfully, 27112 EXTENSIONS OF REMARKS September 30, 1994 to persuade the leaders of the new majority­ Mammograms can reveal the presence of rest of the Northern Forest delegation to im­ rule government of Zimbabwe to grant equal small cancer up to 2 years before regular clini­ plement the recommendations of the Northern rights to women. But he acknowledged that cal breast examinations, or breast self-exami­ Forest Lands Council. for a constitution to work, it must reflect a nations [BSE]-saving as many as a third country's culture and history. "We cannot put constitutions together like prefabricated more lives. henhouses," he said in the 1983 interview. No women can be considered immune from While he praised the United States Con­ this disease. As a breast cancer survivor my­ LOWRY AIR FORCE BASE: CURTAIN stitution as a document that had worked self, I realize the importance of mammography DOWN, CURTAIN UP well, even in crisis-he noted that "when Mr. detection. Greater awareness of this tech­ Nixon left power. the only person with a gun nology is a key element in combating breast was a policeman directing traffic"-he said cancer. HON. PATRICIA SCHROEDER that if he were asked to revise it, he would Mr. Speaker, every year for the past 5 make the right to privacy and freedom of years, National Mammography Day has re­ OF COLORADO travel explicit provisions. Mr. Blaustein's contributions to nation­ ceived greater participation ar d interest. Mam­ IN THE HOUSE OF REPRESENTATIVES building began in 1966, when, at the request mography screening aware11ess is one of of the United States Government, he trav­ many fundamental steps in educating the pub­ Friday, September 30, 1994 eled to South Vietnam to advise that coun­ lic about the importance of early detection and Mrs. SCHROEDER. Mr. Speaker, today is try in drafting a constitution. treatment of disease. an historic day in Denver, CO, one that I wish By that time, he had established a for­ I am pleased to introduce this resolution and to reflect upon for a moment. midable reputation as a legal scholar and as I hope that my colleagues will join me in the the author and editor of many books. "De­ fight against breast cancer. Lowry Air Force Base, first opened in the segregation and the Law," (Rutgers Univer­ 1930's, closes today. A victim of the 1991 sity Press, 1957), of which he was co-author base closure cycle, Lawry's technical training with Clarence Clyde Ferguson Jr., was a crit­ NORTHERN FOREST LANDS ical and commercial success. His other works missions have already relocated to other include ·'The American Lawyer: A Summary COUNCIL bases. But today is the day when the flag of the Survey of the Legal Profession," (Uni­ comes down for the last time. versity of Chicago, 1954), which he wrote HON. DICK SWETI Today is a day to reflect on the contribution with Charles 0 . Porter. OF NEW HAMPSHIRE Lowry has made to our national security. He taught at New York Law School in the IN THE HOUSE OF REPRESENTATIVES mid-1950's and at Rutgers from 1955 until his Training is always of highest military priority retirement in 1992. Friday, September 30, 1994 and Lowry shined in its ability to produce Born on Oct. 12, 1921 , in Brooklyn, Mr. Mr. SWETT. Mr. Speaker, I rise today to ready and reliable munitions loaders, mechan­ Blaustein graduated from Boys High School pay tribute to the work of the Northern Forest ics, photographers, and a host of other spe­ at age 16. H ~ graduated from the University Lands Council [NFLC]. which ceases to exist cialties. I wish to extend a national thank you of Michigan .it 19 and became a reporter with for that service. The Chicago Tribune. today after completing its 4-year effort to de­ He served ir the Army during World War II velop long-term conservation recommenda­ Today is also a day to encourage and com­ and again in the Korean War, attaining the tions for the Northern Forest. mend the redevelopment effort underway to rank of major. Between the wars, he went to The Northern Forest is a 26-million-acre ex­ turn Lowry into a residential, commercial, and law school at Columbia University and prac­ panse of forest which extends from New York recreational asset for the community. Two ticed law in Manhattan at his father's firm. to Maine. This vast area, which is mostly pri­ cities overcame past differences to organize a He is survived by his wife, the former Phyl­ vately owned, is home to more than 1 million lis Migden; a daughter, Dana Litke of neighborhood-based planning and now imple­ Northfield, N.J.; two sons. Mark Blaustein of people, along with moose, osprey, bear, loon, mentation authority to fill up the vacated base. Fort Lee, N.J., and Eric Blaustein of Cary, and hundreds of other species of wildlife. The Northern Forest provides the Northeast There's great success already. A community N.C. ; a sister, Marjory Simon of Purchase, college is moving into classroom and dor­ N.Y. , and four grandchildren. and the Nation with forest products, opportuni­ ties for outdoor recreation and tourism, and mitory space. The President's new National billions of dollars of direct and secondary eco­ Community Conservation Corps has set up a NATIONAL MAMMOGRAPHY DAY nomic benefits. As a recreational destination, regional campus there. The Air Force museum the Northern Forest hosts millions of visitors has become a civilian-run Wings Over The HON. MARILYN LLOYD annually-offering some of the most spectacu­ Rockies Museum, the Defense Finance and Accounting center maintains a large presence OF TENNESSEE lar scenery in America. The region is charac­ terized by clear mountain rivers and lakes, and has space to grow. And the delicate and IN THE HOUSE OF REPRESENTATIVES contentious issue of providing available hous­ Friday, September 30, 1994 magnificent mountain peaks, and peaceful New England villages. ing to the homeless has been settled. Mrs. LLOYD. Mr. Speaker, I rise today to in­ The Northern Forest region is currently fac­ I met today with Air Force Assistant Sec­ troduce legislation that designates October 19, ing strong forces for change. Intensified forest retary Rodney Coleman to review the redevel­ 1994, as "National Mammography Day." Last practices, land speculation, and subdivision opment's progress. He said that Lowry has year the President signed this measure into threaten to permanently damage the character been one of the Air Force's success stories law. of the region. because of the community's ability to move While efforts to enact a comprehensive The NFLC was created in 1990 in response forward. He pledged continued support and health care reform have fallen by the wayside, to these threats. Through 4 years of effort, the assistance to keep that momentum up. I'll hold there are still legislative initiatives, such as NFLC developed a series of recommendations him to that. National Mammography Day, that address im­ to help preserve the Northern Forest. I, too, pledge my continued assistance to portant steps toward reform. For example, One of the most remarkable things about this effort. When Lawry's fate was first sealed, early detection and treatment are critical steps the work of the NFLC has been the process. I quickly convened a local forum to plan the in holding down medical costs and saving The consensus recommendations were devel­ way. I scouted for Federal opportunities, re­ lives-particularly with breast cancer. oped after countless hours of discussions, with sources, and obstacles. I troubleshot when po­ According to the American Cancer Society, input from all concerned parties. 182,000 women will be diagnosed with breast Unlike forest communities in other parts of tential conflicts with the Air Force arose and I cancer in 1994, and 46,000 women will die the country which have been plagued by po­ carefully listened to the concerns of the neigh­ from the disease. This disease affects 80 per­ larization, Northern Forest communities have bors and blended them into the redevelopment cent of women that have no prior family his­ shown that opposing interests can find com­ planning mix. tory of breast cancer. There is no known cure mon ground and work together in developing Mr. Speaker, the conversion of closed mili­ for breast cancer. Until we ·find a cure, early conservation strategies. tary bases is not an easy trick but with the detection and treatment are the best chances Continuing with this spirit of constructive co­ right resources, talent, and attitude, it can be that we have against its early stages. operation, I look forward to working with the done. Lowry Air Force Base is living proof. September 30, 1994 EXTENSIONS OF REMARKS 27113 TRIBUTE TO DADE COUNTY spector general for investigations for the DOL ganization made up of professionals and busi­ COMMISSIONER ALEX PENELAS where he was in charge of investigations in­ ness owners who make donations to meritori­ volving employee and program integrity. ous community programs. It is most fitting that HON. CARRIE P. MEEK Following 4112 years as a commissioned offi­ the society has chosen to honor the prosecu­ cer in the Marine Corps, including decorated tor, because he too has generously donated OF FLORIDA service as a combat aviator in Vietnam, Mr. his time and efforts to a wide range of com­ IN THE HOUSE OF REPRESENTATIVES Bassett's law enforcement career began in munity activities. Friday, September 30, 1994 1970 with the Federal Bureau of Investigation As a prosecutor he has been a tireless Mrs. MEEK of Florida. Mr. Speaker, for the [FBI] in Kansas City, MO, where he worked crime fighter and an outstanding role model past 14 years, South Florida Food Recovery fighting organized crime. He transferred to the for our community. I live in Hudson County, so has been providing food to the poor, the Detroit Office of the FBI in 1972 where he I can personally attest to his fine efforts on be­ needy, and the homeless in the State of Flor­ worked on a variety of matters, including bank half of our residents. Through his office, the ida. and government fraud, bank robberies, second largest in the State, Mr. Messano has Created through the loving commitment and kidnapings, and extortions. During his last 2 worked with seniors to ensure their safety in tireless efforts of my good friend Jule Littman, years in Detroit, Mr. Bassett supervised the their golden years. He has worked with juve­ vice mayor of the city of North Miami Beach, labor racketeering and public corruption niles to guide them away from crime and en­ South Florida Food Recovery has become the squad. courage them to lead productive lives. He has largest food distribution program in the State Mr. Bassett's final transfer for the FBI was worked with local community watch groups of Florida and one of the largest in the United in 1979 when he was assigned to FBI Head­ striving to make their neighborhoods a safer States. It takes food declared surplus from quarters with supervisory responsibilities in the place. farmers, food brokers, and distributors and Congressional Affairs Unit. Subsequent as­ Throughout his life, Mr. Messano has con­ provides it to some 273 service organizations signments included 4 years on the Director's sistently distinguished himself. He graduated with 2,600 volunteers in five Florida counties. staff, 2 years as the program manager for magna cum laude from Lafayette College in Altogether, South Florida Food Recovery dis­ background investigations of nominees for 1974. Three years later he received a juris tributes enough food for 188,000 supplemental Presidential appointments and time as an in­ doctor degree from Boston College Law meals a week. spector's aide. Prior to accepting the position School. The prosecutor has worked as an ad­ On October 7, South Florida Food Recovery with DOL, Mr. Bassett was an Assistant Sec­ junct professor at St. Peter's College in Jersey will host its Homeless Holiday Luncheon to tion Chief in the Identification Division. City. Public service has long been a tradition in benefit 50,000 needy persons during the up­ In the past, Mr. Messano has served on nu­ Mr. Bassett's family. His great-great-great­ coming holiday season. Dade County Com­ merous nonprofit agencies, including the Jer­ missioner Alex Penelas will be honored at this great grandfather Isaac Bassett served in the sey City Museum and at the St. Joseph's event for his dedication and leadership in pro­ Revolutionary War. His great-great-great Home. He currently serves on the board of di­ viding alternatives to homeless persons in grandfather Simeon Bassett worked as a rectors of D.A.R.E. New Jersey. He resides in stone mason to help repair the U.S. Capitol Dade County. Jersey City with his wife, Maria Maio­ Mr. Speaker, this recognition is well-de­ Building following the War of 1812 and was Messano, deputy director of the Housing Au­ served. Alex Penelas is the youngest person later hired as the U.S. Senate messenger. Mr. thority of Jersey City. Given his accomplishments, I think it is very ever elected to the Dade County Commission, Bassett's great-great grandfather Isaac Bas­ appropriate that we take a few moments today and he is one of the most active and effective. sett was appointed by Senator Daniel Webster Commissioner Penelas has become a true as the second page of the U.S. Senate. He to honor Mr. Messano, a model of public serv­ champion of the homeless and needy in our worked his way to messenger and later be­ ice and a fine law enforcement official. community. The Dade County community came assistant doorkeeper, earning the rep­ homeless plan, which Commissioner Penelas utation as an indispensable Senate employee. Mr. Bassett's great grandfather Isaac Albert­ THE EDWARDS-BONILLA ESA coauthored, has attracted national recognition MORATORIUM AMENDMENTS as a model for other communities. Under his son was a life-long employee of the post of­ leadership, Dade County has put new empha­ fice. His grandfather Isaac Albertson also HON. HENRY BONillA sis on housing for low-income persons. In ad­ served as U.S. Senate page followed by a 46- year career as a private investigator for the OF TEXAS dition, Commissioner Penelas is also chairman IN THE HOUSE OF REPRESENTATIVES of the Dade County Homeless Trust. Navy Yard. Mr. Bassett's father served with Mr. Speaker, it is my honor to join with the U.S. Army during World War II, and Mr. Friday, September 30, 1994 South Florida Food Recovery and the rest of Bassett's brother has recently retired after a Mr. BONILLA. Mr. Speaker, today, Con­ our community in honoring Alex Penelas for a distinguished 26-year career in the U.S. Navy; gressman CHET EDWARDS and I are introduc­ job well done. 2 years ago, Mr. Bassett's daughter followed ing the Endangered Species Act Moratorium the family tradition of service to their country Amendments. This bi-partisan legislation will when she became an auditor with DOL. help put a stop to the current abuses of the TRIBUTE TO I.A. BASSETT, JR. I am extremely pleased to recognize the Endangered Species Act [ESA]. In its current contributions I.A. Bassett, Jr., has made to our form the Endangered Species Act-though HON. LESLIE L BYRNE country and to the Federal law enforcement well intentioned-works contrary to, and often community. I offer my best wishes to Al Bas­ OF VIRGINIA against, one particular species-the human sett as his career in public service comes to IN THE HOUSE OF REPRESENTATIVES being. an end. Many hardworking ranchers, farmers, and Friday, September 30, 1994 homeowners in Texas have a greater fear of Mrs. BYRNE. Mr. Speaker, it is my privilege HONORING CARMEN MESSANO the golden cheeked warbler than they do of to bring to the attention of the House of Rep­ tax hikes and tornadoes. In my own hometown resentatives one of my constituents, I.A. Bas­ of San Antonio, TX, the entire source of water sett, Jr., the deputy inspector general for the HON. ROBERT MENENDFZ has been held hostage by Federal agencies Department of Labor. Mr. Bassett is retiring OF NEW JERSEY and courts over a small fish called the fountain after dedicating more than 28 years to public IN THE HOUSE OF REPRESENTATIVES darter. This bill is an important first step to service. As the deputy inspector general, Mr. Friday, September 30, 1994 allay some of those fears and bring common Bassett has been responsible for the nation­ Mr. MENENDEZ. Mr. Speaker, I rise today sense to the ESA process. We in Congress wide operations of the Office of Inspector to pay tribute to one of the finest law enforce­ must act and insure that human beings no General in its role as the independent inves­ ment officers in the country, Carmen longer play second fiddle to spiders and tigative and audit function for the Department Messano, the prosecutor for Hudson County, snakes. of Labor. NJ. Specifically, this legislation will suspend the Just prior to his current appointment, Mr. This Saturday, Mr. Messano will be honored future listing of endangered or threatened spe­ Bassett served 3 years as the assistant in- by the Dante Aligheri Society, a charitable or- cies and the designation of new critical habitat 27114 EXTENSIONS OF REMARKS September 30, 1994 until the Endangered Species Act is reauthor­ It was not me who won the award alone. If that formed the core of the Nation's commu­ ized by Congress. The ESA's authorization ex­ it weren't for a lot of help from Rozee Bird, nity life. pired in 1992. This bill is a realistic vehicle to­ Joe Bird, Glen Gregory, Greg Atherton and I mention this story, Mr. Speaker, because ward reforming the ESA. Passage of this bill all the little " Mighty-Mites" (the Tae Kwon Saint Paul's Evangelical Lutheran church has Do peewees, ages 5-8) for giving me someone compels Congress to consider human factors to touch and to teach, I would have been into been exactly the kind of church Mr. de and bring balance of the ESA when it consid­ drugs or probably fighting for money which, Toqueville had in mind. ers the reauthorization. ESA must be recon­ as you know if you have seen my record at From the beginning, the church has been a structed with amendments which not only pro­ tournaments, I am very good at. center of faith and social life for generations of tect the environment, but respect property I really appreciate how you took the time area Evangelical Lutherans, and an enduring rights. to come up with such a great awards dinner. monument to the legacy of religious freedom Protecting property rights does not mean The hotel was the most beautiful hotel I our forefathers fought and died to preserve. have ever seen and the hot tub was nice too. that threatened species cannot be protected. It I truly thank you with all of my heart for Mr. Speaker, America is still great because simply means that human costs should be the money for college. I arr going to repay she is still good, and she is good because in considered when the ESA is imposed. It also you by making somebody out of myself. communities across this Nation, churches like means that Government agencies, such as the Thank you for caring! St. Paul's Evangelical Lutheran Church play Fish and Wildlife Service, should be creative Mr. Speaker, in my own district, the effects such important roles. in finding ways to balance these goals, rather of PAL's programs are clear. Julie Roberts of Mr. Speaker, on October 14, this venerable than slamming the heavy fist of the Federal Vallejo, CA, was named the 1993 PAL Girl of church will celebrate it's 1OOth anniversary. I bureaucracy down on landowners. The Fed­ the Year for all of California for her efforts as ask all members to join me in congratulating eral Government should work in concert with a volunteer in PAL and at her school. Julie Saint Paul's Evangelical Lutheran Church and the true stewards of the land, instead of has been a member of PAL since 1983, when in recognizing its years of service. threatening them with fines without warning. she was 8 years old. Through PAL, Julie Please join me in cosponsoring this impor­ learned team work, discipline, and diligence-­ IN RECOGNITION OF THE HARBOR/ tant legislation. It is long since past the time the hallmarks of a productive future. Indeed, that we brought sanity and common sense to UCLA MEDICAL CENTER'S WOM­ Julie maintains a 3.65 grade point average EN'S HEALTH CLINIC the ESA process. This legislation will stop cur­ while working at a day car center. Across this rent abuses and make possible real reform of country, there are many more kids like Julie the ESA. Thank you. who are being helped by PAL. HON. JANE HARMAN As we all know, juvenile crime in America is OF CALIFORNIA on the rise. While PAL is no substitute for IN THE HOUSE OF REPRESENTATIVES HOUSE RESOLUTION COMMENDING tough crime fighting strategies and policies, Friday, September 30, 1994 THE POTJICE ATHLETIC LEAGUE Police Athletic Leagues, acting in concert with Ms. HARMAN. Mr. Speaker, I rise today to these policies, are out in the field everyday at­ commend the work of the Harbor/UCLA Medi­ HOl'i. GEORGE MILLER tempting to turn back the rising tide of crime cal Center's Women's Health Clinic. This clinic OF CALIFORNIA by providing constructive activities for kids. was founded in 1969, and was one of the first PAL's police officers deserve our support. I IN THE HOUSE OF REPRESENTATIVES outpatient clinics in the Nation dedicated ex­ urge my colleagues to join me in supporting Friday, September 30, 1994 clusively to the health needs of women. Over this resolution. Mr. MILLER of California. Mr. Speaker, it is the past 25 years the clinic has pioneered the with great pleasure that I introduce today, on development of innovative models for deliver­ behalf of myself and Representatives MAR­ ST. PAUL'S EVANGELICAL LU­ ing quality, cost-effective health care to TINEZ, SCHUMER, STEARNS, and WASHINGTON, THERAN CHURCH CELEBRATES women. Its education programs include the a House Resolution commending all the Police 100 YEARS IN SARATOGA Nation's largest Nurse Practitioner Training Athletic Leagues-otherwise known as PAL­ SPRINGS Program and an extensive health outreach across America for their excellent work on be­ program which provides classes for all age half of our Nation's youth. HON. GERAID B.H. SOLOMON groups, both onsite and in the community. PAL was created over 50 years ago in New OF NEW YORK This clinic has achieved an exemplary rep­ utation as a competent, compassionate health York City by Lt. Ed Flynn, who, faced with per­ IN THE HOUSE OF REPRESENTATIVES sistent gang violence, organized a baseball care provider for low-income and indigent Friday, September 30, 1994 league to give kids an alternative to crime. women, serving approximately 15,000 women PAL now has 246 local chapters in cities na­ Mr. SOLOMON. Mr. Speaker, it was first annually. It is supported by client fees, dona­ tionwide, including Jacksonville, De Moines, known as the German Evangelical Church, tions, and Federal, State and local funds, and New York, Denver, Houston, San Francisco, and it met in various locations until buying its its staff is constantly striving to find better and and Seattle. Three million kids participate in first house of worship in 1900. more efficient ways to provide services. PAL's recreational and educational programs, And now, Mr. Speaker, Saint Paul's Evan­ Because it is housed on the grounds of the such as athletic tournaments, police cadet gelical Lutheran Church of Saratoga Springs, Harbor-UCLA Medical Center, the Women's clubs, and computer training. Fifty years after NY, is getting ready to celebrate 100 years of Health Care Clinic is able to offer comprehen­ its inception, the principal mission of PAL re­ serving the spiritual needs of its members. sive sequential medical care to its patients, so mains the same: police officers volunteer their Like many of the fine, old churches in our that testing, referrals and followup can be pro­ free time to work with youths in promoting 22d Congressional District, Saint Paul's Evan­ vided. With a commitment to women of all trust and understanding in an atmosphere of gelical Lutheran Church has been not only an ages, the clinic is actively involved with out­ cooperation. The kids benefit by receiving important center of worship, but a virtual mu­ reach to teenage girls, through schools, positive role models and learning life skills. seum of local history. churches, and other clients. Its teen retention The officers benefit by getting an opportunity It moved from its first building to its present and outreach program targets those at high to make a real, positive difference in kids' location at 149 Lake Avenue in 1960. Today, risk for pregnancy and provides them with an lives. the church has more than 650 baptized mem­ array of services aimed at reducing teen preg­ The story of Ben Hansberger, the 1993 PAL bers. nancy. The clinic also provides a critical serv­ Boy of the Year Award recipient in California, Mr. Speaker, in the last century a French­ ice to elderly women who have specific health is a shining example of the effectiveness of man by the name of Alexis de Toqueville vis­ needs not generally addressed by other serv­ PAL. Ben thanked PAL in a letter. I quote: ited the young United States. One of the ices. DEAR CALIFORNIA PAL: I thank you for things that stood out among his impressions The clinic has always been poised on the picking me as " Boy of The Year." It really was the religious fervor of Americans. He re­ cutting edge of new technology, pharmacol­ means a lot to me to go to college. I'm the marked that America would be great as long ogy, and other medical innovations, often par­ first Hansberger in 3 generations to make as she was good, and America's natural good­ ticipating in pilot programs or research something of themselves. ness he attributed to the numerous churches projects to test or evaluate emerging medical September 30, 1994 EXTENSIONS OF REMARKS 27115 theory and methodology. With a focus on CONGRATULATIONS ON CH2M cation program that defines the educational keeping people well, it is continually striving to HILL'S AWARD setting in which the student will be taught. The improve the quality of care it provides. law, and its subsequent interpretations, allow I am proud to be part of changing attitudes HON. ELIZABETH FURSE a disabled student to be suspended according toward the importance of women's health is­ to regular school discipline policies when the sues, and I wish to recognize the significant OF OREGON IN THE HOUSE OF REPRESENTATIVES student's behavior is not related to his disabil­ contribution made to the women of my con­ ity. However, if the student's behavior is not gressional district by the Women's Health Friday, September 30, 1994 related to his disability, the law provides that Care Clinic at Harbor-UCLA Medical Center. Ms. FURSE. Mr. Speaker, it is my pleasure he may be removed from the educational set­ today to congratulate the international consult­ ting for a maximum of 1O days. And if the par­ THE EQUITY IN REMEDIES ACT ing engineering firm of CH2M HILL, whose ent objects to the school's proposed perma­ many offices include long-time presences in nent change in placement, once the 1O day Corvallis and Portland, for winning a signifi­ suspension is completed, the student must be HON. WILLIAM F. GOODLING cant award this year from the American Con­ returned to the current educational placement OF PENNSYLVANIA sulting Engineers Council [ACEC]. CH2M HILL until the completion of due process proceed­ IN THE HOUSE OF REPRESENTATIVES won an ACEC Honor Award for designing a ings. Friday, September 30, 1994 novel solution to a problem at a landfill in In general, I believe the so-called stay-put Mr. GOODLING. Mr. Speaker, the purpose McMinnville, OR, a city in my district. provision correctly protects a disabled student of the bill that I am introducing today, the Eq­ Like many landfills, the Riverbend Landfill from being randomly removed from the edu­ uity in Remedies Act, is quite simple. Con­ had a problem with leachate and dissolved cational setting called for by his individualized gress should abide by the same rules and be water. The traditional solution involves expen­ education program. However, we must also subject to the same damages as it chooses to sive weekly truck hauling to a wastewater admit, that when the stay-put provision was impose on private-sector employers. If con­ treatment plan, a solution that also contributes written, no one envisioned a disabled student gressional employers are not subject to puni­ further pollution to our air. CH2M Hill's idea bringing a gun to school or violently attacking tive damages, private-sector employers should was to plant some 40,000 fast-growing poplar another student. Although rare, some disabled not be subject to punitive damages. The Eq­ trees to convert the leachate into wood fiber. students have engaged in this type of behav­ uity in Remedies Act would achieve that goal. The wood will be harvested at a profit on a re­ ior. Because of the uncertainty of the law, es­ Under title VII of the 1964 Civil Rights Act newable 10-year cycle. In addition, the trees pecially when it is unknown if the student's be­ and the 1990 Americans with Disabilities Act will actually reduce air pollution by consuming havior is related to the disability, school ad­ [ADA], only private-sector employers are sub­ as much carbon dioxide as is produced by ministrators have been forced to keep stu­ ject to awards of punitive damages. Executive 800 automobiles each year. dents in the classroom they fear may be dan­ branch employers and State and local govern­ CH2M HILL, an employee-owned family of gerous ment employers are not subject to punitive companies involved in the domestic and inter­ I believe that it is high time to update the damages. Under the Congressional Account­ national consulting engineering business, has stay-put provision. ability Act-H.R. 4822-passed by the House nearly 6,000 employees working in more than Of the two provisions in the Senate bill, I on August 10, 1994, by a vote of 427-4, 70 offices nation- and world-wide. CH2M HILL generally preferred the Gorton amendment, Members of Congress are also not subject to is a world leader in engineering service that because it not only dealt with students bring­ punitive damages. Some version of congres­ helps clients apply technology, safeguard the ing weapons to school, but also with those sional coverage legislation may soon be environment, and develop infrastructure. Their students engaging in life threatening behavior. passed by the Senate, but none of those work involves planning, design, and program During Senate floor debate, some Senators under serious consideration include punitive management for clients engaged in hazardous argued that the term "life threatening behav­ damages. waste remediation, water, wastewater and ior" was unclear and could be easily abused The Equity in Remedies Act will subject pri­ waste managemnet, transportation, and relat­ by teachers and school administrators to re­ vate-sector employers to the same damages ed environmental fields. move disabled students from the regular as proposed under H.R. 4822, and those ap­ I congratulate CH2M HILL for this important classroom. But in my reading of the Gorton plicable to executive branch and State and award. amendment, the definition clearly indicates local government, by eliminating punitive dam­ that it means violent, life-endangering attacks ages under title VII and the ADA. Unfortu­ by one student against another. There is no nately, the amendment that I submitted to the IDEA DISCIPLINE POLICIES way that this carefully written definition could Rules Committee to provide for punitive dam­ be construed to apply to minor occurrences ages under H.R. 4822 was not made in order, HON. CASS BALLENGER like hitting or shoving or looking at another even though an earlier bill-H.R. 2721-re­ OF NORTH CAROLINA student in a threatening manner. Opponents ported by the Education and Labor Committee IN THE HOUSE OF REPRESENTATIVES also argued that this term could have been on .congressional coverage allowed for such applied to accidental self-inflicted injuries, but Friday, September 30, 1994 damages. Since the House was precluded a simple change could have clarified that it from debating this important issue and the bill Mr. BALLENGER. Mr. Speaker, I would like only means violent behavior against another excludes punitive damages, it is only appro­ to address the agreement that was adopted by person. priate that legislation be introduced to bring the Elementary and Secondary Education Act The Jeffords amendment, which dropped all private-sector laws concerning punitive dam­ conference regarding students with disabilities reference to life threatening behavior, clearly ages in line with the bill passed by the House. that bring weapons to school or engage in vio­ did not go far enough in addressing the issue Hopefully, this vehicle will engender a useful lent behavior. of violence. Something more than the Jeffords debate-a debate denied by the Rules Com­ As everyone in this Congress knows, for ef­ amendment was needed. mittee-as to the appropriateness of exempt­ fective learning to happen in America's The compromise reached is not as decisive ing Congress from the same damages as im­ schools, classrooms must be free from vio­ as the Gorton amendment, but I believe it posed on the private sector. lence and the threat of danger to students and moves us in the direction of serious action on We take this step with some hesitancy, as their teachers. Unfortunately, in certain cir­ this issue. I'd like to review the important ele­ we recognize the controversial nature of elimi­ cumstances, the Individuals with Disabilities ments of the compromise. nating punitive damages under title VII and the Education Act [I DEA] seems to work at cross­ First, the compromise requires the Secretary ADA. However, if the Congress wishes to ex­ purposes in creating a safe learning environ­ of Education to widely disseminate the IDEA's empt itself from these damages, its seems ment. policy on discipline of students with disabil­ only appropriate that it should similarly exempt I want to make it clear that I support the im­ ities. I believe that some of the furor over this the private sector. portant procedural safeguards in the IDEA that issue is the result of the Education Depart­ Mr. Speaker, I realize that time is now short protect the educational rights of a disabled ment's unresponsiveness in issuing clear guid­ in the session, but I hope we will revisit the student. These safeguards require that each ance to schools on ways to deal with disabled issue in the next Congress. disabled student receive an individualized edu- students who are violent. Lacking concise 27116 EXTENSIONS OF REMARKS September 30, 1994 rules, school administrators have been reluc­ CONGRATULATIONS ON A JOB cess for competitive foreign firms. Despite this tant to do anything with a disabled student WELL DONE: TRIBUTE TO THE pledge and ensuing negotiators, figures re­ who is violent, fearing they will violate the MAPLE SCHOOL leased last week show the U.S. trade deficit IDEA and incur some sort of Federal sanction. with Japan jumping 20 percent. Clear communication from the Department of HON. WIUJAM M. THOMAS Education will help relieve some of the confu­ Japan's flat glass market, mostly closed to OF CALIFORNIA United States manufacturers, provides an sion that has built up. IN THE HOUSE OF REPRESENTATIVES Next, the Department must issue a report to ideal case for a Super 301 Investigation. For Congress by January 31 , 1995 on the preva­ Friday, September 30, 1994 the last 20 years, a cartel of three Japanese lence of students with disabilities engaging in Mr. THOMAS of California. Mr. Speaker, in flat glass makers have divided the market be­ life threatening behavior and bringing weapons Congress, Members of the House of Rep­ tween themselves and kept foreign competi­ to school. The opponents of action on this resentatives talk about 1 million rather cas­ tion out. Even Japan's own fair trade commis­ issue complain that there is no hard evidence ually, but have any of us taken the time to sion recognizes the monopoly created by col­ substantiating a problem of violence by stu­ really think about how much 1 million is? Too lusion between these three companies. dents who are disabled. Yet, if opponents had many Members only see it as a number or their way and Congress had taken no action word on a page. But I do know of someone, American flat glass makers complete suc­ on the stay-put issue, during next year's reau­ in fact, I know of lots of people who know how cessfully in open markets around the world. In thorization, Congress would still have no real much 1 million is-the students of the Maple 1992, American flat glass makers exported information about the issue. This report will School in Tulare, CA. As part of both an edu­ $722 million in flat glass products. Yet, the give Congress vital information it needs to cational and fundraising project, the students, United States share of the Japanese market make a informed decision on the issue during over a 2-year period, collected 1,000,000 pen­ continues to decline. next year's reauthorization. It is crucial that the nies. It is time for Japanese leaders to recognize Department move expeditiously on this issue Sitting in the principals office are over 40 that trade with the United States must be non­ to meet the January 31 deadline. five-gallon water bottles filled with over 28,000 discriminatory and fair. I urge the President to The compromise also retains the Jeffords pennies each. This could be an impressive name Japan's practices in the flat glass mar­ language allowing an extended removal from achievement under any circumstances, but the ket as a priority for a Super 301 Investigation. the current educational placement for a stu­ Maple School's achievement is even more im­ dent that brings a weapon to school, and pressive because the neighborhood that sur­ cross-references the definition in the Gun Free rounds the school is not, as you might expect Schools Act so the term "weapon" means a upon hearing about this achievement, an afflu­ HISPANIC HERITAGE MONTH AND firearm. There was a concern that the term ent upper-middle-class community. The par­ NATIONAL HISPANIC BUSINESS "weapon" was not well defined, and since this ents who send their kids to the Maple School WEEK amendment is only a 1-year provision, con­ are typical families of modest means who ferees felt it would be better to narrow the ap­ work hard for every dollar they earn. plicability of this provision to firearms. During In addition to the straightforward benefit of the reauthorization process, I intend to work knowing what 1 million looks like, the students HON. HERB KLEIN toward a workable definition of weapon be­ at the Maple School had to use a great many OF NEW JERSEY cause we know that a great deal of violence other skills. Many of the pennies were col­ IN THE HOUSE OF REPRESENTATIVES in school has to do with knives and other ob­ lected from groups such as the Tulare City jects used in a dangerous manner. Police Department and the city council. There­ Friday, September 30, 1994 The compromise allows, but does not re­ fore, the kids had to write thank you notes. quire, up to a 45-day placement in an alter­ They also wrote letters to the editor updating Mr. KLEIN. Mr. Speaker, I rise today to native edl.!cational setting for the student, and the city about their progress. Above all they make special note of Hispanic Heritage Month could extend that alternative placement until had to use their math skills to keep track of and National Hispanic Business Week. I am the completion of due process proceedings. how many pennies they had collected. And by delighted that this Monday, October 3d, I will This ensures that, as long as there is a dis­ all accounts they had fun, though the fun has be hosting a reception in my Paterson district pute among the parties about the permanent not stopped. The principal will soon pay off a office to pay tribute to these events. educational placement for the student, the stu­ wager she made with her students back in I am a proud cosponsor of legislation honor­ dent will remain in the alternative placement July. Today, September 30, Principal Pam ing the week of September 12, 1994 and Na­ and not be returned to the previous setting, as Canby will don a Rudolph the Red Nosed tional Hispanic Business Week in an effort to current law requires. I believe that 45 days, or Reindeer costume and spend all day on the nine school weeks, provides an adequate time roof of the school. The proceeds of their ef­ increase the awareness and recognition of the frame for the student's emergency removal forts will go to the PTA, library, and the stu­ remarkable contributions made by Hispanic­ from the classroom. dent body. owned businesses to the U.S. economy. Let I believe the arguments against the Gorton Mr. Speaker, for their tremendous effort and me give you a few statistics: Hispanic-owned amendment were overstated and that the Gor­ dedication, I salute the students, teachers, and businesses in the United States have in­ ton amendment should have been adopted by parents of the Maple School. Their example of creased by 150 percent since 1982 and are the conference. Short of that, however, I be­ hard work is something that we should all as­ expected to account for over $27 billion this lieve the compromise on this provision ad­ pire to achieve. They should be proud. year alone. Moreover, Hispanic businesses dresses the serious problem of a student are reported to employ over 375,000 Ameri­ bringing a gun to school, and also moves us cans each year. further along to finding the correct approach to JAPAN'S TRADING PRACTICES deal with disabled students that engage in life SHOULD BE SUBJECT TO A Not only have Hispanic-Americans contrib­ threatening behavior and bring other types of SUPER 301 INVESTIGATION uted economically, but they have also made weapons to schools. significant accomplishments in the fields of I would like to thank Congressman CUFF HON. L.F. PAYNE culture, sports, entertainment, science, and STEARNS for his active involvement and helpful OF VIRGINIA politics. Therefore, Hispanic Heritage Month is advice to me on this issue, and I look forward IN THE HOUSE OF REPRESENTATIVES celebrated every year from September 15th to working with him when Congress reauthor­ Friday, September 30, 1994 through October 15th and is a month-long izes the IDEA in 1995. I would also like to celebration of these achievements. commend Senator GORTON for his tireless ef­ Mr. PAYNE of Virginia. Mr. Speaker, today forts on this provision, and hope he knows the President will decide whether or not to ini­ I call these events "un gran empuje," or a that, because of his work, Congress is dealing tiate a Super 301 Investigation of Japan's grea! push forward for the country and the with the issue of violence by disabled students trading practices. Hispanic people. My colleagues, I am grateful in a much more comprehensive fashion than Two years ago, the Japanese Government for this opportunity to honor the wonderful his­ would have otherwise been the case. committed to substantially increase market ac- tory of Hispanic-Americans. September 30, 1994 EXTENSIONS OF REMARKS 27117 CONGRATULATIONS TO THE THE FORBES COMMISSION'S tered Hai ti in 1915 for reasons arising from TANAY CLUB IN AMERICA FOR 70 REPORT OF MARCH 30, 1930 chaotic and distressing conditions, the con­ YEARS OF PRESERVING A sequence of a long period of civil war and dis­ UNIQUE HERITAGE organization. We assumed by treaty the obli­ HON. THOMAS E. PETRI gation to assist the Republic of Haiti in the OF WISCONSIN restoration of order; the organization of an HON. FORTNEY PETE STARK IN THE HOUSE OF REPRESENTATIVES efficient police force; the rehabilitation of its finances; and the development of its natu­ OF CALIFORNIA Friday, September 30, 1994 ral resources. We have the implied obligation IN THE HOUSE OF REPRESENTATIVES Mr. PETRI. Mr. Speaker, nearly 65 years of assisting in building up of a stable self­ ago, on February 7, 1930, President Hoover government. Peace and order have been re­ Friday, September 30, 1994 named a Commission under the chairmanship stored, finances have been largely rehabili­ Mr. STARK. Mr. Speaker, I take pride in of­ of W. Cameron Forbes of Massachusetts. to tated, a police force is functioning under the leadership of Marine officers. The economic fering congratulations to the members of the study and review conditions in Haiti. The Com­ development of Haiti has shown extraor­ Tanay Club in America on their 70th anniver­ mission reviewed our 15 years of occupation dinary improvement under this regime. It is sary. Since 1924, this group of Filipino-Ameri­ of Haiti, and made a series of recommenda­ marked by highway systems, vocational cans has sought to preserve cultural ties to tions it hoped would contribute towards the schools, and public-health measures. General their native rural town of Tanay in the Prov­ Haitianization of Haiti. Russell deserves great credit for these ac­ ince of Rizal in the Philippines. It is the oldest I submit the Forbes Commission's report of complishments. such group from the area. March 30, 1930, for the R.ECORD in hopes its We need now a new and definite policy looking forward to the expiration of our The Tanay Club in America is relatively greater availability will assist students and pol­ icymakers in understanding the history of our treaties. small, less than 150 families, but promotes the The President announced on February 7 mutual interest of residents of Tanay and involvement in Haiti and in assessing the pros­ that after consultation with the chairman of those in America. They maintain a high com­ pects for the success of our current adventure the commission, he had requested Dr. R.E. munal standard of Filipino heritage and culture there. Moton, president of the Tuskegee Institute, among members. REPORT OF THE PRESIDENT'S COMMISSION FOR on behalf of the Institute and such other Mr. Speaker, the Tanay Club in America THE STUDY AND REVIEW OF CONDITIONS IN educational affiliations as he might suggest, THE REPUBLIC OF HAITI to undertake an exhaustive investigation represents the best of America as the melting into the educational system of Haiti with a pot of cultures it has always been. Through On February 7, 1930, the President named the following members of the Commission view to recommendations for the future.24 monthly meetings and close contact, the for the Study and Review of Conditions in Doctor Moton selected the following mem­ Tanay Club helps keep alive important ele­ Haiti: bers of his committee: ments and traditions of culture that make its W. Cameron Forbes, of Massachusetts, Dr. Mordecai Johnson, President of How­ members unique. Chairman. ard University. I ask my colleagues to join me in wishing Henry P. Fletcher, of Pennsylvania. Prof. Leo M. Favrot, Field Secretary of the Elie Vezina, of Rhode Island. General Education Board. them 70 more years of success in keeping James Kerney, of New Jersey. Prof. Benjamin F. Hubert, President of those with ties to Tanay close together. William Allen White, of Kansas. Georgia State Industrial College. On February 4 the President had set forth Dr. W.T.B. Williams, Dean of the College, the purpose and powers of this special Com­ Tuskegee Institute, and Field Agent of the mission as follows: Jeanes and Slater Funds. HONORING PHILIP COHEN The primary question which is to be inves­ The commission extended an invitation to tigated is when and how we are to withdraw Doctor Moton to accompany them on the from Haiti. The second question is what we U.S.S. Rochester, but in view of the fact that HON. DAVID MANN shall do in the meantime. Certainly we shall Doctor Moton had not had time to complete OF OHIO withdraw our Marines and officials some­ his plans, it was announced that he would time. There are some people who wish for us proceed at a later date. Pending the receipt IN THE HOUSE OF REPRESENTATIVES to scuttle overnight. I am informed that of Doctor Moton 's report the commission has Friday, September 30, 1994 every group in Haiti considers that such ac­ dealt only incidentally with educational tion would result in disaster to the Haitian matters. Mr. MANN. Mr. Speaker, I rise today to join people. On the other hand, our treaty of 1915, The President's commission assembled at The American Jewish Committee in honoring under which our forces are present in that Palm Beach, Fla., February 2~24, 1930, pre­ Philip T. Cohen, a tireless leader in my com­ country, in the main expires in 1936, or six paratory to its departure for Haiti. munity. years hence. We have no mandate to con­ On February 25, 1930, the commission em­ tinue the present relationship after that barked at Key West, Fla.. on the U.S.S. On October 5, 1994, Philip Cohen will be date. Rochester, which had been placed at its dis­ honored at The American Jewish Committee's We have an obligation to the people of posal. It arrived at Port authority Prince on 50th Anniversary Jubilee, with the AJC's Com­ Haiti, and we need to plan how we will dis­ February 28 at 3 o'clock in the afternoon and munity Service Award. A devoted husband, fa­ charge that obligation. There is need to immediately called upon the American High ther of three, and grandfather of seven, Mr. build up a certainty of efficient and stable Commissioner, General John H. Russell, and Cohen has been a dedicated community serv­ government, in order that life and property His Excellency Louis Borno, the President of ant for nearly half a century. may be protected after we withdraw. We the Republic. The commission then issued need to know, therefore, what sequent steps the following statement: Philip Cohen is past president of Rockdale should be taken in cooperation with the Hai­ In order to be readily accessible the com­ Temple, the Jewish Federation, the United tian people to bring about this result. mission will reside at the Excelsior Hotel, Jewish Cemetery, Camp Livingston, and The answers to these questions must be where the offices of the commission are like­ Losantiville Country Club. He has generously worked out in broad vision after careful in­ wise to be located. Beginning tomorrow (Sat­ served on the Board of Jewish Federation for vestigation of the entire subject by men of urday) morning, the commission will hold more than 40 years. He has served on both unbiased minds. It is for this reason that I open sessions every day, except Sunday, boards and the campaign cabinet of the Unit­ have proposed to send a commission to Haiti from 9 a .m. until 12 o'clock noon, to which ed Way and Community Chest, a national, to determine the facts, to study and survey all citizens are invited. The offices of the the whole problem in the light of our experi­ commission will be open daily from 9 a.m. to community service organization. ence in the past· 15 years and the social and 5 p.m. for receiving information and for the Currently, he is chairman of the board of political background of the Haitian people, making of appointments with those who care Beacon Construction Company. He also be­ to confer with all sides, to recommend the to appear in person before the commission. It longs to the boards of the American Jewish sequent and positive steps which will lead to is the desire of the commission that all ele­ Committee Cincinnati Chapter, Jewish Hos­ the liquidation of our responsibilities and at ments of the Haitian people shall be heard pital, and Cedar Village. the same time assure stable government in freely and frankly. Citizens who for any rea­ Haiti. son may desire to have private interviews I congratulate Philip Cohen on his award, As I have stated before, I have no desire for will be welcome, and their communications and thank him for his efforts to make the city representation of the American Government will be treated as confidential. Following our of Cincinnati a better place to live. abroad through our military forces. We en- meetings in Port au Prince the commission 27118 EXTENSIONS OF REMARKS September 30, 1994 will visit other important points in the Re­ sulate and briefs were presented. A visit was that, after discussing the matter with Gen­ public and pursue the same course as to also made to the sisal plantation of the Hai­ eral Russell, the commission called in the hearings and interviews. The purpose of our tian Corporation of America. leaders of the opposition, representing the mission is to gather as completely as is hu­ The commission embarked that night on so-called patriotic groups. After persuading manly possible all facts concerning the situ­ the Rochester for Gonai:ves, which they these leaders to issue a note asking the pub­ ation. reached the following morning at 8 o'clock. lic to be calm and await with patience its re­ The commission took up its residence in A large crowd with banners met them at the port, the commission suggested the possibil­ the Excelsior Hotel, where it established of­ dock and followed them to the Hotel de ity of the selection of some neutral, non­ fices the following day and was in session Ville, where hearings were held. political candidate for the presidency who daily from 9 a. m. to 6 p. m . It gave public or The commission left Gonai:ves on the Roch­ would be acceptable both to President Borno private audience, as desired by those who ap­ ester at noon and arrived at Port au Prince and his party and also to the opposition. Se­ peared before it. Briefs were also filed. No that evening. Hearings were resumed there rious objection was raised by the opposition one was deprived of the opportunity of pre­ on the 13th and continued until the evening leaders to any election by the Council of senting his views. of Saturday the 15th. The commission sailed State which, they declared, would not be ac­ The opposition to the Borno administra­ on the Rochester the morning of the 16th, ar­ ceptable to the people. They finally assented tion had manifested itself in the formation riving at Miami Thursday, March 20. to a compromise by which delegates elected of eight groups or political leagues, the POLITICAL AGITATION by the patriotic groups should select a neu­ names of which were: tral candidate who would later be elected L'Union Patriotique Announcement that President Hoover had President by the Council of State. La Ligue des Droits del'Homme et du appointed a commission of inquiry and re­ After protracted negotiations carried on by Citoyen view to proceed to Haiti was enough to ex­ members of the commission with the opposi­ La Ligue d'Action Sociale Haitienne cite a volatile population. When President tion, and, through General Russell, with La Ligue Nationale d'Action Constitu- Borno, a few days before the arrival of the President Borno, a definite plan was drawn tionnelle commission, removed four members of the up which was approved by President Hoover. La Ligue de Defense Nationale Council of State, agitators spread the rumor This plan provided that as soon as possible La Ligue de la Jeunesse Patriote that this was done to afford President Borno after assuming office on May 15, the tem­ Le Parti National Travailliste a pliable majority in the council through porary president would call an election of L'Union Nationaliste which he might execute a coup d'etat, elect­ The presidents of these leagues had set up a the Legislative Assembly consisting of two ing a new president for a six-year term. The chambers which, when convened, would pro­ committee which they called "'The Fed­ night before the commission arrived in Port erated Committee of the Associated Groups ceed to elect a permanent president of the au Prince, crowds thronged the streets and Republic for a full term of six years, the of the Opposition." this committee was the masses gathered in the " Champ de Mars," central organization directing the movement temporary president having agreed to which might easily have become a dangerous present his resignation at that time and not against the American Occupation and the mob. The Haitian Garde used their clubs in Borno administration, and took charge of to be a candidate for election. breaking up the crowd. The entrance of the Five names were submitted by the opposi­ the presentation of the opposition case be­ commissioners to Port au Prince the next fore the commission. The Federated Com­ tion, of which that of Eugene Roy was ac­ day was dramatic. People · thronged the cepted by President Borno. On the day pre­ mittee had selected George N. Leger, a streets from the wharf to the hotel and re­ prominent Haitian, to assist in the presen­ ceding the departure of the commission from mained cheering while the commission made Port au Prince it had the satisfaction of an­ tation of their case. Mr. Leger attended all its ceremonial calls. The crowd paraded be­ of the public sessions held by the commis­ nouncing to the public and, by wireless, to fore the hotel of the commission and dis­ Washington, that the plan providing for the sion at Port authority Prince and acted as played flags and banners calling for legisla­ counsel for all those who appeared before the election of Mr. Roy as temporary president tive elections and the end of the American had been accepted by both sides. commission for the purpose of presenting the Occupation. They were variously worded but claims of the opposition. all of one tenor: Opposition to the Borno AMERICAN INTERVENTION Many plans were submitted both verbally government and the Occupation. The reasons which impelled the United and in writing, most of which related to the These banners and the crowds were clearly States to enter Haiti in 19152s are so well withdrawal of the American Occupation, the the work of organization. In a country with known that they need not be set forth in this reestablishment of a representative govern­ a low rate of literacy the mob is a form of report. ment by the election of the Legislative As­ political expression, and revolution, which is Conditions were chaotic; means of commu­ sembly and the abolition of the Council of the mob in action, seems to be a part of the nication were largely nonexistent; the peas­ State. Various courses were suggested, some evolutionary process. Wherever the commis­ ant class was impoverished; disease was gen­ very extreme and one going so far as to advo­ sion went in Haiti, evidence of this technique eral; property was menaced; and the debt of cate that the affairs of the Republic of Haiti was conspicuous. The same banners-scarce­ the government, indeterminate in amount, should be managed by the President's com­ ly varying a word from Port au Prince to had risen-at least on paper-to staggering mission until such time as the legislative Cape Haitien-waved everywhere. Women, proportions. body could convene. Another plan would re­ singing the same songs, thronged the rural Having landed a force of Marines, thus re­ place the Council of State with a legislative highways. The same paper flags, darkened storing public order and protecting the citi­ body composed of 51 members, of which 26 with black paper bars to indicate a state of zens of the United States and other countries members were to be appointed by the Presi­ mourning for lost liberties, greeted the com­ from violence, the United States by treaty dent of the Republic. mission in a dozen widely separated parts of obtained control of a variety of govern­ After holding sessions at Port au Prince the Republic. The same agitators were often mental agencies with a view to assisting in from the 1st of March until Saturday seen in the crowds in distant parts of the Re­ the reestablishment of a stable government. evening, the 8th of March, the commission public. Having said this, it is only just to say There was not and there never has been on left on March 9, by automobile, for a trip that the politicians of the opposition did the part of the United States any desire to through the northern half of the Republic, their work so thoroughly that no counter impair Haitian sovereignty. stopping at Pont Beudet, Mirebelais, Las demonstration was attempted by citizens fa­ There is no room for doubt that Haiti, Cohobas, and Thomonde and spending that vorable to the Borno government. It is fair under the control of the American Occupa­ night at Hinche. At each of the towns gath­ to assume that public sentiment in Haiti was tion, has made great material progress in the erings of citizens met the commission to more responsive to the opposition than to past fifteen years. present complaints and petitions. the government. Indeed, the greater part of what has been On Monday the 10th the commission pro­ done has been accomplished in the past eight ceeded to Cape Haitien by motor, stopping at THE ELECTORAL CRISIS years, because it was not until the disastrous Maissade, St. Michel, Ennery, Plaisance, and The commission found the situation in re­ and involved financial situation could be Limbe. Large crowds greeted the commis­ gard to the election of a new president criti­ straightened out by the flotation of the loan sion, and speeches were made by the opposi­ cal. The evidence submitted to it, not only of 19222s that a constructive policy could be tion leaders. At Cape Haitien the town had by the witnesses who appeared in the public carried out. turned out in very large numbers, and and private hearings, but also in the reports Peace and order were restored by the Ma­ throngs of people lined the road, displaying of American officers charged with the main­ rines by 1920 and road building was begun signs and banners. That night the commis­ tenance of order, was so complete that the under Marine auspices. The essential pri­ sion attended a reception given by the mem­ commission was convinced that the election mary steps for the reform of the administra­ bers of the Union Club, a Haitian social orga­ of a new president by the means practiced in tion were taken as soon as peace was re­ nization. the last two elections, namely, by the Coun­ stored by the elimination of banditry, but The following morning hearings were held cil of State, would not be accepted quietly by the American officials were working at cross by the commission at the American Con- the populace. Conditions became so tense purposes and progress was hampered. It was September 30, 1994 EXTENSIONS OF REMARKS 27119 therefore decided to entrust General Russell, to realize that an enlightened self-interest uidated upon the expiration of the treaty or of the United States Marine Corps, who had will require that this rate of progress be in what form such further aid and assistance served in Haiti almost from the beginning of maintained, particularly in the matter of as the Haitian Government might desire the Occupation, with the duty of coordinat­ public health and public works, especially from the United States should be provided. ing and directing the efforts of the treaty of­ roads. This can be more wisely decided in the light ficials. In order that he might also have the POLITICAL ASPECTS of the experience of the next few years. highest civilian rank it was decided not to The question of the withdrawal of the ma­ appoint an American Minister, and he was Under the American Occupation- and with rine Brigade which acts as a stabilizing and given the title of High Commissioner.27 As its consent-the legislative chambers were supporting force in the preservation of order, such he is the representative of the United dissolved in 1981, and by an interpretation of is one which the commission has carefully States near the Haitian Government. a new constitution, adopted under its egis,29 considered. Very little complaint was heard The commission desires to record its high they have not since been reassembled. The of the presence of the Marines except as they praise of General Russell's whole-hearted country has been ruled by a President and formed part of the American Occupation. and single-minded devotion to the interests Council of State exercising, under the direc­ They are not much in evidence. All except of Haiti as he conceived them, his tion of American officials, the legislative au­ about one hundred and fifty are stationed in unremitting labor, and his patient and pains­ thority. Local self-government has also Port au Prince; the rest are at Cape Haitian. taking efforts to bring order out of chaos and largely disappeared. The important munici­ The commission considered the question of to reconstruct a governmental machine palities and communes are ruled by commis­ removing the Marines from these two cen­ which had been largely destroyed by years of sioners appointed by the President. The ters and putting them in barracks a short abuse, incapacity, and anarchy. Since the members of the Council of State itself have distance from these cities, but concluded Occupation the Haitian Government, espe­ been appointed and removed by him. The that this was impracticable and unwise. The cially under President Borno, with the guid­ Council of State under the legislative au­ commission recommends the gradual reduc­ ance and assistance of the American officials thority vested in it by the 1918 constitution tion of the Marine Brigade if and as in the in its service, has a fine record of accom­ has exercised the powers of a National As­ judgment of the two Governments, the polit­ plishment. Eight hundred miles of highways sembly in electing the President.ao ical situation warrants. No reduction of the have been built. Before the intervention the The people of Haiti, since the dissolution Marine Brigade should be made without con­ road between Port au Prince and Cape Hai­ of the National Assembly by President sultation with the commandant of the tien, the two principal ports and cities of the Dartignave, have had no popularly elected Garde. It should also be remembered that in Republic, was practically impassable except representatives in control of their Govern­ case of riots arid uprisings this force might on horseback. The journey of 180 miles took ment. The American Occupation has accept­ be necessary to protect the lives of American three days. Now it is done in six hours by ed-if not indeed encouraged-this state of families, both private and official, and of for­ automobile. A most involved financial situa­ affairs. Certainly reforms could be insti­ eigners residing in Port au Prince and other tion has been liquidated and the entire fiscal tuted, and governmental measures carried cities. system renovated and modernized. In a word, through more easily in these circumstances, The money spent in Haiti by the Marine order has been created where there was only and were. Brigade, consisting, as it now does, of about The acts and attitude of the treaty offi­ disorder in the collection and disbursement eight hundred officers and men, is an impor~ of the Government funds. An efficient con­ cials gave your commission the impression tant factor in the economic life of the coun­ stabulary has been organized and trained and that they had been based upon the assump­ try, especially in the present depression of has maintained peace and order. Few are the tion that the Occupation would continue in­ trade. The expense of the Marine Occupation instances where the assistance of the United definitely. In other words, their plans and is borne entirely by the United States Gov­ States Marines had to be called upon in the projects did not seem to take into account ernment. past eight years. A Public Health and Sani­ that their work should be completed by 1936, tary Service, which is a model of devotion and the commission was disappointed to find LAW AND ORDER and efficiency, has been organized and main­ that the preparation for the political and ad­ By article 10 of the treaty the Haitian Gov­ tained. ministrative training if Haitians for the re­ ernment is obligated to create a constabu­ Under the treaty of 1915 the assistance of sponsibilities of government had been inad- lary, composed of native Haitians and orga­ the United States was not provided for in the equate. · nized and offered by Americans, for the pres­ matter of education, and it has been only re­ The commission is under no delusions as to ervation of domestic peace, the security of cently and indirectly that the American Oc­ what may happen in Haiti after the convoca­ individual rights, and the full observance of cupation has interested itself in this field. tion of the elected legislative assembly and, the treaty. Since the Occupation an efficient Coast to a greater extent, after the complete with­ It is also further provided that these Amer­ Guard has been organized, lighthouses have drawal of the United States forces. The Gov­ ican officers will be replaced by Haitians as been built and navigation rendered much ernment of Haiti before American interven­ they are found qualified by examination con­ safer, agriculture has been encouraged, and tion was, so far as the commission could ducted by a board to be selected by the sen­ hospitals, public buildings, and parks have learn, more democratic and representative in ior American officer of the Constabulary been constructed. name than in fact. The Deputies and Sen­ (Garde) and in the presence of a representa­ Figures indicative of progress have been ators were, the commission was informed, tive of the Haitian Government. submitted showing an increase in the reg­ more often chosen by the President than These treaty provisions have been supple­ istration of automobiles in seven years from elected by the people. mented by agreements between the two Gov­ 400 to 2,800. The number of linear feet of The commission is not convinced that the ernments (known as the Gerdarmerie Agree­ bridges built has been multiplied by three. foundations for democratic and representa­ ments) fixing salaries, duties, etc. In addi­ There has been a notable increase in the tive government are now broad enough in tion to their police duties, district and sub­ number of permits issued for private building Haiti. The educated public opinion and lit­ district commanders of the Garde have also construction and a wholesome increase in erate minority are so small that any govern­ been charged with the duty of communal ad­ the gross trade as measured by the value of ment formed in these circumstances is liable visers in connection with the collection and exports and imports. The automatic light­ to become an oligarchy. The literate few too disbursing of the communal revenues and houses have been increased from 4 to 15; tele­ often look to public office as a means of live­ have charge of the Coast Guard and light­ phone subscribers have increased from about lihood. Until the basis of political structure houses. 400 to nearly 1,200 and the number of tele­ is broadened by education-a matter of It is obvious that after the withdrawal of phone calls a year from about 1,000,000 to years-the Government must necessarily be the American forces, the orderly functioning over 5,000,000. more or less unstable and in constant danger of the Haitian Government will depend in There is attached to this report as an ap­ of political upheavals. large measure upon the efficiency and dis­ pendix, a series of graphs which makes it cipline of the Garde. easy to visualize the notable material TREATY RELATIONS The primary and principal duty of the progress achieved.2s The commission is of the opinion that the Garde-the maintenance of law and order­ The commission was disappointed at the progressive steps looking toward the with­ has been well and conscientiously performed. evidence it received by the lack of apprecia­ drawal of the assistance now being given by The replacement of American officers of the tion on the part of the educated and cul­ the American Occupation should be taken on Garde by Haitians, contemplated by the tured. Haitians of the services rendered them the theory and understanding that the treaty, has not been carried out, however, as by the Occupation and their own Govern­ present treaty will remain in force until 1936, rapidly as, in the opinion of the commission, ment. Out of many dozen witnesses only one it being understood that such modifications it should have been done. There is not now or two made favorable mention of the as circumstances require and the two Gov­ and there never has been a Haitian officer of achievements of their administration. ernments agree upon may be made at any the Garde above the grade of captain. There It is to be hoped that the Haitian people time. It is too early to suggest in what form are now but 2 Haitian captains on duty with will come in the course of the next six years the American Occupation should be liq- troops out of a total of 23, 17 Haitian first 27120 EXTENSIONS OF REMARKS September 30, 1994 lieutenants out of a total of 58, 19 Haitian The revenues and expenses have been care­ OTHER DISEASES second lieutenants out of a total of 57, and 28 fully balanced with a conservative margin of There are not sufficient data to judge of aspirant officers (cadets), all of whom are revenues in excess of expenditures, resulting the importance of tuberculosis. The records Haitians. in a steadily increasing treasury surplus. of the Gendarmerie show that the incidence At the request of the commission the com­ (See Appendix.) of the disease is very high. In 700 autopsies mandant of the Garde has submitted tables The Service of the Public Debt has been at the General Hospital of Port au Prince 26 (see Appendix, Tables Nos. 1 and 2) showing cared for and several million dollars of the per cent of the deaths were due to tuber­ the program now proposed by the High Com­ principal thereof paid off out of revenues in culosis. On the other hand, hospital experi­ mand for the progressive Haitianization of excess of the amount called for by the amor­ ence in many places shows a small admission the Garde over the period from 1930 uritil tization plan. The wisdom of this course is rate. 1936. It should be noted that these plans have open to question; it might have been better Typhoid fever, which has a high rate in not yet been approved and ordered to be put to have reduced the taxation, especially the Port au Prince, has been nearly eliminated into operation. export tax, and left the debt to work itself The commission believes that no change in by chlorinating the water supply. According out during its normal term, thus keeping to recent records there is a remarkable rel­ the treaty or the Gendarmerie Agreement more money in the country where experi­ nor increase in the funds voted for the ative freedom from many diseases. The great ences has shown it was badly needed. waves of dysentery that sweep over tropical Garde, is necessary to effect a more rapid Little by little the American Occupation Haitianization. The commandant of the countries and are responsible for so many has extended its intervention in the financial deaths have not occurred in Haiti for many Garde testified that American officers serv­ operation of Haiti, until 50 per cent of the ing with the Garde could be transferred back years. rtivenues are now expended under American Hookworm causes very little serious dis­ to the Marine Corps at any time to make supervision, including the Service of the room for the promotion of Haitians, and this ability. Diabetes and stones of the gall blad­ Public Debt. der, kidney, and urinary bladder are rare. should be done where vacancies occurring in The commission believes that the 5 per the ordinary course are not sufficient to give Heart disease and pneumonia are relatively cent maximum allowed out of the Govern­ unimportant,. the opportunity for a faster promotion of ment revenues to cover the cost of the Gen­ Haitians. eral Receivership should not be considered a MALNUTRITION Notwithstanding the fact that there are a flat allowance, but a limitation within which No one need go hungry in Haiti. Mangoes, number of American noncommissioned offi­ the receiver must operate. The commission yams. rice, beans and other products of the cers serving as company officers in the Garde recommends that appropriations disbursed soil occur in abundance and can be had with who have rendered fine service for from eight by the twenty services in Haiti should be a minimum of effort to fourteen and one-half years, not one of budgeted with the same detail as are the ap­ There is a however much reason to believe them has ever been promoted above the that the diet is deficient in proteins. In other grade of captain in the Haitian Garde. The propriations for the regular public services of the Haitian Government. words there is a great lack of eggs, milk, commission believes that some of these men meat, and other food that contain substances are at least as well fitted by training and ex­ HEALTH AND MEDICAL RELIEF that are essential to a balanced ration perience to be promoted to field rank as Ma­ At the time of the American Occupation in In the past there have been serious out­ rine officers who have not had their experi­ 1915, it has been estimated, fully 70 per cent breaks of disease due to improper nourish­ ence in Hai ti. of the people of Haiti were afflicted with ment. Owing to the dense ignorance which The Haitianization program rests with the dangerous and incapacitating diseases; yaws prevails, public-health education is difficult. Navy Department and Marine Corps head­ and syphilis were prevalent. Except for a lit­ quarters in Washington, which can, by re­ tle aid in a few of the towns no relief was PROFESSIONAL TRAINING calling the Navy and Marine officers on serv­ available. In the country districts the popu­ After the Occupation it soon became obvi­ ice with the Haitian Garde, make room for lation suffered without knowing that rem­ ous that if health and medical effort were to the promotion of Hai ti ans. The selection of edies could be had. The doctors of the coun­ be successfully continued by Haitians, means the officers recalled and promoted should be try showed no willingness to bring relief to must be provided for adequate training. A left to the commandant of the Garde in remote places. To-day, thanks to an efficient nurses' training school was started at the Hai ti. Even if discipline and efficiency suffer United States [Navy) Medical Service, there Port au Prince General Hospital which has temporarily, the commission feels that they are 153 rural clinics to which 1,341 ,596 visits produced nearly one hundred graduates, will undoubtedly suffer more by delaying were made in 1929. The few inefficient hos­ many of whom are already rendering excel­ this reform. pitals were rebuilt and new ones established lent service throughout the country. Prac­ The Ecole Militaire, temporarily closed at so that there are now 11 modern hospitals tical courses are in operation for training the end of last year, is an important factor with a capacity of over a thousand beds, laboratory technicians. Hospital-corps men in the training of Haitian officers, and it where before there were only a few hundred for the Gendarmeric are trained by its medi­ should be immediately reopened and should of the alms-house type. cal officers and the General Hospital. receive support from now through the period In Haiti practically the entire burden for Upon the recommendation of the Navy of American control. medical care falls upon the Government. Pri­ Medical Service the antiquated inefficient The commission believes that when the vate hospitals and volunteer aid are almost medical school was transferred to the Na~ Garde is Haitianized it would be advisable entirely lacking. tional Public Health Service and appropria­ that some provision be made for orderly pro­ LACK OF CENSUS tions secured for proper buildings and main­ motion and retirement and for protection tenance of essential services. A philan­ against promotion by political influence. It is greatly to be regretted that no census thropic organization of the United States do­ THE FINANCIAL SITUATION was available in 1915 which would have made nated equipment and provided fellowship to The financial achievement of the American possible an accurate measurement of bene­ train Haitian doctors to become teachers of administration is noteworthy. A modern and fits that have been conferred by the Amer­ modern medicine. up-to-date budgetary system has been estab­ ican Occupation. There are, however, census In 1929 a modern health center was started figures for small groups made by the Rocke­ lished with preaudit, which is one of the lat­ in Port au Prince. This not only dem~ feller Foundation in 1924 which justify the est and most effective devices for accurate, onstrates the benefits of health measures but economical, and expeditious management of belief that an unquestioned benefit has re­ also serves as a training base for heal th accounts. sulted to the health and well-being of the workers. A Haitian graduate nurse is now at Some witnesses who appeared before your people of Haiti. Columbia University, N.Y., for special train­ commission criticized the financial manage­ MALARIA ing in public health and is soon to return to ment of the Government and even went so Malaria has sapped the vitality of the pop­ open classes for nurses in the same subject far as to charge improprieties in connection ulation for several centuries and has had an at Port au Prince. with it. Many complained that they were important influence in retarding agricul­ The direct and indirect effect of these kept in ignorance as to how their money was tural development. With the advent of the measures is everywhere apparent. Four of collected and how spent. This shows that American Occupation modern measures for the 10 health districts are now in charge of they had not read the careful reports issued the control of the diseases are being invoked Haitians, and others are to follow as rapidly by the Financial Adviser in both English and as rapidly as the resources permit. Much as trained personnel becomes available. French. Nor did any of the witnesses men­ progress has resulted. Port au Prince and Briefly, there are 2,225 persons employed in tion the fact that six auditors from the Unit­ other large towns are now practically free of the National Public Health Service, of which ed States Comptroller's Office had made a the disease, and there is little likelihood of 2,120 are Haitians. The balance is made up of thorough analysis of all accounts of the Gov­ controlling it. In many rural areas malaria 20 Naval medical officers, 14 Navy hospital­ ernment, which were found correct except is being brought under control, but much re­ corps men whose salaries are paid by the for certain very minor errors and adjust­ mains to be done which will probably have to United States, 63 French Nuns, 2 French ments, since rectified. wait until the economic conditions improve. Priests, 4 American Red Cross Nurses, 1 September 30, 1994 EXTENSIONS OF REMARKS 27121 French librarian, and 1 Jamaican plumber. There are one archdiocese and four dio­ various times because, on the one hand, the Of the 159 Haitian doctors in the country 40 ceses corresponding to the five departments courts have refused to enforce or have ob­ percent are employed in the Government which constitute the political subdivisions of structed the execution of certain administra­ service. Haiti. These dioceses with their respective tive measures and because, on the other, the GENERAL DEDUCTIONS populations as furnished by the church au­ treaty officials have refused to obey the ·thorities, are as follows: order of the court on the ground that the There is abundant evidence that great im­ population treaty is the law of the land and its observ­ provement has taken place in the health pf Archdiocese of Port au Prince 942,700 ance and the agencies set up by it can not be the people since the Occupation. The Na­ Diocese of Cape Hai tien ...... 453,000 obstructed or interfered with by the judici­ tional Public Health Service enjoys the con­ Diocese of Aux Cayes ...... 628,000 ary. The question raised is delicate but goes fidence and approval of the public to an un­ Diocese of Gona:ives ...... 475,000 to the heart of our treaty relations with usual degree. The streets of the towns are Diocese of Port de Paix ...... 153,400 Haiti, and the commission recommends that well swept; garbage and refuse are removed; These population statistics are based on the in case of future conflict of authority on this slaughter houses are inspected; and an ear­ statistics of births c9vering more than fifty score the matter be settle by direct and nest effort made to control soil pollution and years and are probably the most accurate es­ friendly negotiations between the two Gov­ to provide safe drinking-water. The Gendar­ timate available. ernments. merie has a good medical service. The jails At the head of each diocese there is either are clean and sanitary, and the average The unsatisfactory administration of Hai­ an Archbishop or a Bishop. tian justice and the necessity of reform of health of the prisoners has been greatly im­ There are in all 205 Priests in Haiti; of proved. The hospitals are well administered, the system with more adequate salaries and these 156 are secular Priests engaged in ac­ more modern methods, was pointed out to and high-grade medical and surgical skill is tive mission work, and in charge of parishes. provided. Machinery is available for the con­ the commission but as this is a matter for All parishes in the diocese of Port de Paix the Haitian people themselves to decide, the trol of epidemics and to prevent the intro­ and two in Port au Prince are in charge of duction of disease from abroad. Medical re­ commission feels it is without its province to regular clergy. The others are doing edu­ express any opinion. If a stable government lief through the vast rural clinic system can cational work or are engaged in other special be had by everyone, even in the most remote is to be assured after the withdrawal of the services connected with the dioceses. Eight Occupation, the question of the judiciary sections of the country. Diagnosis based on of the Priests are Haitians. should receive careful consideration. laboratory findings is available for all nec­ There are 105 Brothers of Christian in­ essary cases. The health and medical work struction (83 French, 10 French-Canadian, 9 CONSTITUTION has been directed and largely done by the Spanish, and 3 Haitian). Much complaint was made to the commis­ United States Naval medical officers, ably There are three congregations of Sisters as sion of the manner (by plebiscite) in which assisted by Haitians and the French nuns. follows: the present constitution of Haiti was adopt­ Steps have been taken to provide training St Joseph de Cluny, with 146 Sisters. ed in 1918 and amended in 1928 32-and espe­ to enable Haitians to take over the entire Les Filles de la Sagesse, with 198 Sisters. cially of the manner in which the present National Public Health Service. In view of Les Fill es de Marie, with 22 Sisters. Government of Haiti interpreted its provi­ the importance of building up the disease­ The Priests, and especially the Brothers sions relating to the powers of the Council of weakened Haitian people, it is recommended and Sisters, have devoted themselves, with State. that it be made possible for the Government such inadequate resources as they have had, One accusation persistently brought of Haiti to avail itself of United States Naval not only to the spreading of religion, but to against the American intervention concerns medical officers to serve as advisers after the the founding of schools, parish churches, and the inserting in the constitution of 1918 of an present treaty expires. It might also be de­ mission chapels. The Brothers at present article granting to foreigners the right to sirable to employ a few American medical conduct seventeen boys' schools in the larger take title to Haitian land. It is evident that men other than naval officers to insure centers and rural districts and the Sisters the change has produced much irritation and longer tenure and continuity of service. In have an even greater number of girls' schools suspicion. From the inception of the Repub­ the meantime the assignments of the United and primary schools for both boys and girls. lic in 1804, the Haitian had consistently ex­ States Naval medical officers and hospital­ By a law of 1913 the Priests were author­ cluded foreigners from owning real property, corps men should be lengthened, so that the ized to establish rural schools usually re­ and in the face of such a tradition it was un­ experience gained in language, customs and ferred to as " presbyteral schools." The Fill es fortunate to have had the land policy altered conditions may be available to the people of de Marie are especially devoted to vocational under American auspices. The commission Haiti for the greatest possible period. and industrial education and to the prepara­ recommends, in case the Haitian people de­ Unless these steps are taken, it is feared tion of teachers for the presbyteral schools. sire to amend this provision, that our Gov­ that the Medical Service may deteriorate The church institutions in Haiti are as fol­ ernment make no objection thereto, merely and that ground will be lost which has been lows: limiting itself to seeing that rights and ti­ won with so much sacrifice and effort. 112 parishes, usually one in each commune tles acquired under the present constitu­ and several in the larger centers. tion-which are comparatively few- be re­ THE STATE CHURCH IN HAITI 465 mission chapels The relations between the Roman Catholic 153 presbyteral schools, with 10,623 pupils. spected. The commission found no instance Church and the Government of Haiti since These schools are all taught by lay teachers, of undue advantage having been taken by Americans of the clause enabling foreigners, 1860 are governed by a concordat. Two addi­ generally women who receive a salary of tional conventions entered into respectively about $6 United States currency per month. under certain restrictions, to acquire real es­ tate. in 1861 and 1862 and a statute referred to as They are the foundation of the educational the " Loi des Fabriques" provide for the car­ system of Haiti and deserve more generous RACE PREJUDICE rying out of its terms.31 There is no confu­ support. Race antipathies lie behind many of the sion of civil with ecclesiastical authority; 17 Brothers' schools with 6,731 students; difficulties which the United States military there is no union of church and state, as the the instructors are about half Brothers and and civil forces have met in Haiti. The race term is generally understood. The Govern­ half laymen and receive salaries from the situation there is unique; the Negro race ment of Haiti, believing that the church and Government averaging considerably less after more than a century of freedom has de­ religion are essential to the well-being of the than $40 per month. The Brother Super­ veloped a highly cultured, highly sophisti­ Haitian people, agrees to cooperate with the intendent, who is responsible for the super­ cated, race-conscious leadership. This group, clergy and makes provisions to subsidize the vision of these schools, receives a monthly which is proud to be known as the " Elite," church; and the church undertakes to estab­ salary of $100. forms the governing class. It is an urban lish parishes and missions throughout Haiti 4 colleges with a total attendance of about group, comprising a very small proportion of and to establish, in the words of the concor­ 2,500. the population, probably less than 5 per cent, dat, " those orders and institutions which are 36 Sisters' schools. generally mulatto but shading from octoroon approved by the Catholic Church," including 1 girls industrial school conducted by the to black, and because it is educated, com­ schools, hospitals, asylums, orphanages, etc. Belgian Sisters and under the Service Tech­ paratively wealthy and highly privileged The clergy, which came to Haiti in 1864, nique of the Department of Agriculture. with leadership, this class is as careful in consisting of an Archbishop, a band of 40 The Haitian Government subsidizes a semi­ maintaining its caste distinction as any Priests, and a small group of Brothers and nary in France for the special training of other ruling class. Their language is French. Sisters, found religion in a lamentable condi­ missionaries for Haiti. At Port au Prince Their Catholicism is French. The masses of tion; everything still had to be done. With there is a seminary for the training of Hai­ Haiti are poor and ignorant. Generally but one exception, every church building in tian Priests. speaking, they are of pure African descent. Haiti has been constructed since 1860. JUDICIAL PROCEDURE Illiteracy keeps the peasant masses politi­ Now, at the beginning of 1930, the organiza­ Friction between the Haitian courts and cally inarticulate, except in case of mobs or tion of the church is as follows: the American treaty officials has arisen at bandit gangs, which formerly infested the 27122 EXTENSIONS OF REMARKS September 30, 1994 countryside and often furnished the forces of (6) That an appointment of a military FOOTNOTES revolution. These bandit gangs have been attache be made to the Legation when the 24 See Department of State, Latin American Series broken up and have disappeared under Amer­ time shall arrive for a Minister to replace No . 5; Report of the United States Commission on Edu­ ican rule, but the social forces that created the High Commissioner, as the question of cation in Haiti (Washington, Government Printing them still remain-poverty, ignorance, and the preservation of order is of first impor­ Office, 1931). the lack of a tradition or desire for orderly, tance and the Minister should have the ad­ 25 See Foreign Relations, 1915, pp. 461 ff. free government. It has been the aim of the vantage of his advice on military and police 26 See ibid., 1922, vol. II, pp. 472, 515. American Occupation to try to broaden the 21 See ibid., pp. 461 ff. matters; 2BFor the appendix, see Department of State, base of the articulate proletariat and thus (7) That an adequate Legation building be Latin American Series No. 2, Report of the President's make for a sounder democracy and ulti­ constructed immediately by the Government Commission for the Study and Review of Conditions in mately provide for a more representative of the United States in the city of Port-au­ the Republic of Haiti (Washington, Government government in Haiti. Hence its work in edu­ Prince to provide a suitable residence for the Printing Office, 1930). cation. in sanitation, in agencies of commu­ American Minister and appropriate offices. 29 Constitution of 1918, Foreign Relations, 1918, p. nication such as roads, telephones, telegraph SEQUENT STEPS 487; am'endments, ibid., 1927, vol. III, p. 48. lines, and regular mail routes. These things 30 See article D of title VIII, transitory provisions, naturally are deemed of secondary impor­ Complying with your instructions to sug­ Constitution of 1918, ibid., 1918, p. 502. gest sequent steps to be taken with respect a1 See Hannibal Price, Dictionnaire de Legislation tance by the Elite, who see in the rise of a Administrative Haitienne (deuxieme edition) (Port-au­ middle class a threat to the continuation of to the Haitian situation your commission of­ fers the following: Prince, Haiti, Imprimerie Cheraquit, 1923). pp. 441- their own leadership. 447 and pp. 152-160. The failure of the Occupation to under­ (1) That the President declare that the a2see Foreign Relations, 1927, vol. III, pp. 48--77, espe­ stand the social problems of Haiti, its United States will approve a policy, the de­ cially footnote 20, p. 77. brusque attempt to plant democracy there tails of which all the United States officials by drill and harrow, its determination to set in Haiti are directed to assist in working up a middle class-however wise and nec­ out, providing for an increasingly rapid USA ANNUAL SHAREHOLDERS' essary it may seem to Americans-all these Haitianization of the services, with the ob­ REPORT explain why, in part, the high hopes of our ject of having Haitians experienced in every good works in this land have not been real­ department of the Government ready to take ized. over full responsibility at the expiration of HON. STEPHEN HORN RECOMMENDATIONS the existing treaty; OF CALIFORNIA (2) That in retaining officers now in the IN THE HOUSE OF REPRESENTATIVES The personnel of some of the services are Haitian service, or selecting new Americans officers selected from the Navy and the Ma­ for employment therein, the utmost care be Friday, September 30, 1994 rine Corps. The commission finds certain in­ taken that only those free from strong racial herent difficulties in this connection. Naval Mr. HORN. Mr. Speaker, today the Citizens antipathies should be preferred; for Budget Reform, based in Rockville, MD, officers are detailed for a period of three (3) That the United States recognize the years; it takes two years to learn the lan­ temporary President when elected, provided has released its annual "Shareholders' Re­ guage and to become familiar with condi­ the election is in accordance with the agree­ port" to all citizens of our country. Some very tions, and it is obvious that men subject to useful questions have been raised by Dr. Har­ such short details could not, in the nature of ment reached by your commission with things, be the most efficient. President Borno and the leaders representing rison W. Fox, Jr., the president of Citizens for The commission recommends: the opposition; Budget Reform. As with any analysis of our (1) That the detail of Naval and Marine of­ (4) That the United States recognize the $1.5 trillion budget, reasonable people-my­ ficers for all Haitian services be made for a President elected by the new legislature, self included-might disagree with a rec­ minimum of four years and that an effort be acting as a National Assembly, provided that neither force nor fraud have been used in the ommendation here or there. But important made to secure Americans who will agree to questions are raised and should be carefully continue employment in these services, so elections; that upon the expiration of the treaty a (5) That at the expiration of General Rus­ considered by the relevant authorization and force of American doctors, engineers, and po­ sell's tour of duty in Haiti, and in any such appropriations committees as well as the lice officers will be available for continued event [not?] before the inauguration of the Committee on Government Operations in the assistance to the Haitian Government, permanent President, the office of High 104th Congress. should it then desire it; Commissioner be abolished and a non­ Mr. Speaker, I submit an abridged version (2) That, if possible, some form of continu­ military Minister appointed to take over his of the Annual Shareholders' Report prepared ing appropriation for roads be urged for ex­ duties as well as those of diplomatic rep­ by Dr. Fox for the RECORD. penditure by the Haitian Government, with a resentative; policy that will provide enough funds to keep (6) That whether or not a certain loss of ef­ CITIZENS FOR BUDGET REFORM'S USA ANNUAL all existing roads in suitable repair before ficiency is entailed, the new Minister to SHAREHOLDERS' REPORT: ABRIDGED VERSION any new construction is undertaken; also, in Haiti be charged with the duty of carrying As most United States citizens already regard to furt her construction, that only out the early Haitianization of the services know, the Federal Government is not well. roads most urgently needed to develop re­ called for in the Declaration of the President The symptoms include an ever increasing gions now settled and under cultivation be of the United States above recommended; national debt, runaway promises (liabilities), undertaken until the present economic de­ (7) That, as the commission found the im­ unfunded mandates and widespread program pression has passed; mediate withdrawal of the Marines inadvis­ failures. Our US debt is increasing at hun­ (3) That the United States interpose no ob­ able, it recommends their gradual with­ dreds of billions of dollars per year. Federal jections to a moderate reduction of the cus­ drawal in accordance with arrangements to promises are increasing ten (10) times faster toms duties, internal revenue taxes, espe­ be made in future agreement between the than the debt-at more than $3 trillion per cially those imposed upon alcohol and to­ two Governments; year. Citizens are not getting full value for bacco, or to a reduction or elimination of the (8) That the United States limit its inter­ the $1.5 trillion spent, each year, as hundreds export tax on coffee, if the condition of the vention in Haitian affairs definitely to those of programs have failed. And Federal man­ Treasury so warrants; activities for which provision is made for dates are costing State and local govern­ (4) That it be suggested to the Haitian American assistance by treaty, or by specific ments, individuals, companies over Government that it employ one American agreement between the two Governments; $600,000,000,000 ($600 billion) per year. Federal adviser in each administrative department of (9) That the new Minister be charged with spending and mandates consumed over the Government to perform such work as the the duty of negotiating with the Haitian $2,000,000,000,000 ($2 trillion) in 1994-a third respective Cabinet Minister may delegate to Government further modifications of the ex­ of GDP. him, these officers to give expert advice and isting treaty and agreements providing for The Prescription-Are there solutions? assistance to the Haitian Government, simi­ less intervention in Haitian domestic affairs Yes! First, each Federal government pro­ lar to that given by American officers in and defining the conditions under which the gram must be reviewed. Those that are not China, Siam, and Nicaragua, for naval mat­ United States would lend its assistance in performing well should be abolished or modi­ ters in Brazil, and for educational matters in the restoration of order or maintenance of fied. All Federal promises (liabilities) should Peru; credit. be reconsidered annually. Many promises (5) That, as an act of graciousness on the Respectfully submitted, will not be met without massive tax in­ part of the United States, a moderate appro­ W. CAMERON FORBES. creases and/or sale of " excess" Federal as­ priation be made available during the con­ HENRY P. FLETCHER. sets. tinuance of the treaty to defray the cost of ELIE VEZINA . Federal mandates should be evaluated on a American civil officials in the Haitian Gov­ JAMES KERNEY. cost/benefit basis. Only those improving our ernment service; W.A. WHITE. quality of life should be maintained. Finally, September 30, 1994 EXTENSIONS OF REMARKS 27123 the Federal budget and management toolbox if the program increases individual, cor­ chore. These questions go unanswered-how must be filled. porate, and/or State and local government well are the 2,500 Federal programs perform­ This Report is divided into seven parts: the regulatory costs or creates unfunded man­ ing?; where do overlaps occur?; how produc­ balance sheet, the USA Federal budget, Fed­ dates. tive are Federal managers?; and how effec­ eral mandates, the Federal $ Chain, Road Of course you would not be very happy tively are taxpayers dollars being spent? The Map/Tool Box, Options, and auditor's opin­ having to make spending and income votes technology-management information sys­ ion. not knowing the basic facts and money in­ tems; performance, evaluation and quality BALANCE SHEET volved. The complex budget process com­ measures; and financial and performance au­ bined with little systematic information is a dits-is available to answer these questions. Balance sheets give snapshots of a person sure formula for Federal spending disaster. The system is at fault. The Congress and or corporation's financial status. They are The Federal government's has 31 ways to the Presidency have not sought to use ·the expected to show the balance between assets spend money-divided into six major cat­ many new technologies. Well meaning Fed­ (things of value) and liabilities (promises egories. eral managers, lacking a full tool box, have made). The President's and Congressional budgets little hope of running a successful program. Federal assets include cash and monetary are virtually identical twins-differing by What is urgently needed?-the application of assets; gold; accounts receivable; inven­ tories; loans receivable; property, plant, and less than a few percent. The differences are a modern management, accounting, finance, billion here and billion there but pretty soon equipment; International organization in­ and economic technologies. The " currency of it adds up to real dollars. government"-federal managers and work­ vestments; deferred retirement costs; finan­ Federal budget expenses (outlays) prior­ cial assets; and the largest asset by far-the ers-must be given more control of day-to­ power to tax. ities have changed over the last 14 years. The day operations. The Congressional and exec­ Federal government liabilities are the na­ big gainers have been interest payments, So­ utive branch focus needs to be on outcomes cial Security, and Medicare. The losers are and results not program micromanagement. tional debt and yearly deficit; national debt domestic programs, required (mandatory) interest; entitlements;· insurance; loan and Good tax law should be simple, efficient, credit guarantees; Government Sponsored spending other than Social Security and neutral, and equitable. Current tax law is Enterprises; medical programs; needed infra­ Medicare, and defense. rife with complexity, inequities, inefficien­ structure repairs; facilities/resources future Changing budget priorities in the 1980s and cies, bias, and unjustified burdens. 1990s have highlighted increasing medical, Even tax attorneys, who often spend a ca­ costs; Federal bill for environmental clean­ up; claims against the Federal government; Social Security, and interest costs. Other reer studying the tax code, admit that they major spending challenges, for the rest of the long-term contracts; and other contin­ know little about most of the tax law. gencies. 1990s, include controlling Medicare and Med­ Over 81 percent of Federal revenues comes icaid while at the same time stabilizing in­ from individuals. Individuals pay income If the Federal government were a business, it would be bankrupt? Whether it is or not, terest costs. taxes (44 percent) and social insurance taxes/ a change in Federal financial management The Federal spending process is like a four contributions (37 percent). Corporations pay must begin soon. Corrective legislation must color marble cake. The Congressional au­ more than 10 percent. The remaining 9 per­ thorization, appropriations, and budget proc­ cent is collected through excise taxes, du­ be designed by Congress and signed by the ties, and other receipts. President. Then rules and regulations must esses swirl around the President's budget. be implemented by appointed and career gov­ The complexity and lack of openness make As the Federal Tax system has grown more for a barely understandable Federal budget. ernment managers. This will only occur complex and inequitable, tax avoidance after citizens demand that it happen, remov­ Little sunshine penetrates the spending (both conscious and unknowing) has risen. ing those that stand in the way. process in the Congress and the Executive One of the major reasons for a complete Assets of the Federal government include branch. Autocratic senior appropriators in overhaul of the tax system is to take the hard assets and other assets. The power to the Congress and the historically closed guesswork out of paying taxes. A tax system tax is the most vital Federal government Presidential budget building procedures both that is fair, efficient, neutral, and easy to asset. The power to tax is only as good as mitigate against an open substantive debate. comply with is a tax system that will collect citizens' willingness to pay Federal taxes. The President builds his budget within the more taxes. Increasing collections, with The Power to Create Dollars value is attrib­ closed confines of the Office of Management spending restraint, should reduce the effec­ and Budget (OMB). Departments and agen­ tive rate that individuals and corporations uted to seigniorage and US dollars circulat­ pay. ing in foreign lands. The Power to Borrow cies submit their spending requests to OMB and by January 1 the President's budget is The federal government is empowered to has resulted in a $4.6 trillion national debt. all but complete. The President's budget is tax, thus generating income. The power to Federal governments hard assets plus (+) released in early February for the fiscal year tax was greatly enhanced by the passage, in power to tax plus ( +) power to create money plus(+) power to borrow equal (=)Total As­ beginning the next October. The Congress 1913, of the 16th amendment to the Constitu­ sets $17,429,506,666,667 ($17.4 trillion). takes over with the Budget Committees de­ tion. This amendment allowed progressive Federal government liabilities include veloping a Congressional Budget which taxation of personal and corporate income. should be approved by April 15. Throughout fourteen categories of promises that must be Only the very rich were taxed originally. A met by the taxpayers. Since 1991 Federal the year authorization committees approve rate of 1 percent was imposed on those earn­ government recognized liabilities have in­ legislation establishing spending ceiling for ing over $3,000. This captured just 2 percent creased by over one hundred percent (100%). specific programs. By early summer, the 13 of wage earners. During World War I, income Appropriations subcommittees begin devel­ taxes became mass not class taxes. Tax rates This translates into $20 trillion in additional oping spending legislation. These spending Federal "promises" to pay. Total Federal li­ have ebbed and flowed over the years with abilities include $36,195,322,759,998 ($36.2 tril­ bills should be approved and signed by the significant tax decreases occurring during lion) in promises. President before October 1. For all appro­ the Coolidge, Kennedy, and Reagan adminis­ priations bills not approved by October l, a trations. USA FEDERAL BUDGET continuing resolution must be completed and Today, the United States is at a tax sys­ Today's Federal budget is created by four signed by the President. tem crossroads. Will the path of least resist­ (4) processes-the House and Senate budgets, Federal programs are the heart of the ance be taken? Maintaining failed programs, authorizations, appropriations; and the United States' budget. But no one knows protected by special interests, is the easy President's budget. how many programs there really are! Citi­ path. With increased spending demands, this If you are confused how the Federal budget zens for Budget Reform estimates that there easy path leads to tax increases. The more process works, you are not alone, members are 2,500 Federal programs including 200 difficult path includes both program and tax of Congress and high level executive officials housing programs, 81 means tested welfare system review. Our tax system reflect the are sometimes confused, too. programs, over 145 education programs, at goals of society. Review of these goals will Put yourself in a newly elected least 135 jobs and training programs, dozens serve as a guide to the "higher" road. Congressperson's shoes. You are called on to of health programs, and many small busi­ Tax expenditures are really decisions to make hundreds of Federal spending votes ness, rural, and economic development pro­ spend money. They are akin to entitlement each year. Would you be comfortable not grams. (mandatory) spending in that they are gen­ knowing: how many programs there are; how For many Federal programs a mission erally permanent. This means they are rare­ each program is performing; the legislative statement, goals, objectives, and bench­ ly reviewed by Congress and the President. details (most members never have access to marks are nonexistent or ill defined. Few Lobbyists love tax expenditures. Once " on or the time to read bills or reports before have in place performance and evaluation the books" , they don' t have to worry about being asked to vote); the program's mission, measures. Just getting information about a yearly budget approval. In fact, many think goals, and objectives; what the benchmarks program is often a gigantic chore. Those that tax expenditures are better than Fed­ for the future are; how the program will in­ questions go unanswered-how well are the eral spending because " you don't have to crease or decrease promises (liabilities); and 2,500 Federal program is often a gigantic wait for a government check." 27124 EXTENSIONS OF REMARKS September 30, 1994 FEDERAL MANDATES identified. A sample of these include Govern­ TRIBUTE TO JOHN GIANAROS Unfunded Federal mandates are Congress' ment Asset/Liability Management; Capital way of legislating for " needs" that they Budgeting, and Financial and Performance don't want to pay for. Federal mandates in­ Audits. Furthermore, the tool box that ac­ HON. MICHAEL BILIRAKIS clude both regulatory and paperwork costs. companies the road map must be filled with OF FLORIDA Most mandates are legislated in an at­ the instruments that will promote Federal IN THE HOUSE OF REPRESENTATIVES tempt to resolve a problem. Few would ques­ program efficiency and effectiveness. Friday, September 30, 1994 tion the need for clean water and pure air. Unfortunately, the Federal government, in OPTIONS Mr. BILIRAKIS. Mr. Speaker, I rise today to seeking to meet needs, often places the fi­ congratulate and pay tribute to Mr. John nancial burden on other governments, citi­ The future solvency of the Federal govern­ ment is dependent on the actions that will Gianaros, a resident in my district, for receiv­ zens, and business. ing the Florida Folk Life Award. For over 60 State and local governments are subject to correct today's problems. This Report has nearly 200 Federal mandate laws. These in­ identified four major problems too many years, with his 50-pound accordion, John has clude requirements that States match Fed­ promises, program failure, budget and tax put to music the rich heritage and the day-to­ eral Medicaid funds, (over $60 billion), and system inadequacy, and unfunded mandates. day experiences of all Greek-Americans. that cities' conform to the Clean Water Act Too many promises has lead to an over $36 In an August 8, 1994, article published in ($3.6 billion). trillion Federal liability and myriad pro­ the St. Petersburg Times, John was quoted as THE FEDERAL S CHAIN gram failures. The Federal budget and tax saying, "I fell in love with first my music, then The Federal $ Chain is seventy-five years systems contribute to the growing federal my wife." John is now 90 years old and has long. It begins with the today's taxes paid by debt. And unfunded mandates reduce the tax been married for 62 years-and although he each citizen and ends with the Social Secu­ base. now only takes the 50-pound accordion out of rity promise to the 18 year old just entering Our Federal government needs a total its case on special occasions, he still plays it the workforce who will live to be 93 years just as he did on the day he first went on the old. overhaul. Little changes will not solve the Federal $ Chain links are critical to each many problems that we are faced with. Con­ road in the 1930's. other. Weak links limit the capability of the gress and the President must change the way His wife, Helen, says, "Hearing John play Federal government to meet needs, pay for they do business. The taxpayers must be­ brings back memories of many years gone promises, and perform at peak efficiency. come more informed and give support to a by." Although Helen was left behind when Today, the Federal government's elected higher level of debate and more efficient and John went on the road to play his accordion, representatives, mangers, and the President effective Federal government. she never resented her husband's first love­ focus almost exclusively on this years' in­ come (revenues) and expenses (outlays). Lit­ Seventeen (17) Options are presented in his music. "Well, I figure he's going out to tle consideration is given to long term prom­ three categories-Information and Manage­ make a dollar so God bless him," she said. ises and how they will be paid for. ment; Tools, Strategy and Programs; and In­ In closing, once again, I would like to con­ Promises have been made to fund entitle­ stitution and Process Reform. These Options gratulate you, John for filling our hearts with ments (mandatory spending) such as Social include: Federal government assets and li­ your beautiful music for so many years. Security; government workers pensions; and abilities should be in balance by 2004, Fed­ welfare benefits. These promises total nearly eral managers should be given more control $15,000,000,000,000 ($15 trillion). This is 41 per­ over program decisions and allocation of re­ TRIBUTE TO DR. C. ERIC LINCOLN cent of the Federal government's long term sources, Federal programs should be consoli­ AND THE CLARK ATLANTA LEC­ liability. dated and reduced by at least 50 percent, The TURE SERIES The national debt is the direct link be­ Federal budget process needs to be sim­ tween long term promises (liabilities) and in­ plified, and Congress should reform itself. come and expenses. Since 1969, Federal ex­ HON. HAROLD E. FORD penses have exceeded income. Thus each Your support, along with other citizens, for a more efficient and effective government is OF TENNESSEE year for the last quarter century the na­ IN THE HOUSE OF REPRESENTATIVES tional debt has increased. greatly appreciated. ROAD MAP Tables, graphics, definitions, footnotes, Friday, September 30, 1994 Where are we headed? Without a road map and the detailed Federal Balance Sheet­ Mr. FORD of Tennessee. Mr. Speaker, on the Federal government is destined to end up with over 100 lines-are included in the un­ Thursday, October 6, Dr. Jacqueline L. Burton in the ditch. Our Federal government needs abridged USA Annual Shareholders' Report. of the Eli Lilly Endowment will deliver the a new map and the tools to fix problems and Citizens for Budget Reform is working to Twelfth Annual C. Eric Lincoln Lecture at fine tune successful programs. The USA Federal government's road map arm Citizens with knowledge weapons to at­ Clark Atlanta University. This historic lecture should be simple, equitable, as well as effi­ tack government program failure. The Fed­ series is distinctive in that it is the oldest con­ cient and effective. eral government's increasing promises and tinuing series honoring a living black scholar. Citizens deserve equitable Federal action. debt, as well as program failures, led a group The Lincoln lectures were conceived, founded Legislation and regulations, today, are often of taxpayers to establish Citizens for Budget Reform (CBR) in December 1992. CBR's major and initially financed by graduates of Clark At­ unfair. Taxpayers, welfare recipients, veter­ lanta, who in their college days had been ans using Federal health facilities, and small goal is to encourage informed debate about businesspersons all feel the burn of unequal government performance and appropriate taught and motivated by this young professor, treatment. This must change. Citizen action. CBR is developing and dis­ who began his scholarly career at Clark in The Federal government's road map must tributing tools that enhance the ability of 1954 and stayed for a decade. His room in the direct us to "the right kind of law and the Citizens and their representatives to make men's dormitory quickly became a sort of intel­ right kind of administration of the law." changes in the way Federal, state, and local lectual "watering hole" for students from every "Right laws" must be founded on the val­ governments budget, measure performance discipline. His fledgling personal library was ues of the American people. And to make and productivity, execute program review available to any student, any hour of the day sure that laws give the right directions, and evaluation, make expenditure decisions, goals, objectives, and benchmarks must be or night and the ideological interchange which develop tax policy; and account for and man­ occurred there often lasted until the wee hours laid out on a priority basis. age programs. The "right kind of administration of the of the morning. The young scholars who at­ law" will help each Federal government pro­ CBR plans to grow steadily by: Producing tended these sessions proudly called them­ gram "arrive" with the right results. Today, the USA Shareholders' Annual Report (First selves "Mr. Lincoln's Boys." most Americans know that much of what the release, Fall 1994); presenting a Productivity Twelve years ago, 25 or 30 of "Mr. Lincoln's Federal government does is inefficient and Report for Federal government (First re­ Boys" gathered in Atlanta with some "Girls" ineffective. lease, Spring 1995); constructing a Federal he had also taught to do something that would The course must be corrected by utilizing Budget Information System (First release, the latest in Asset/Liability management Fall 1995); and providing Citizens and their pass on to a new generation of college stu­ tools, budgeting and accounting procedures, representatives access to econometric and dents some part of what they had gotten from evaluation and measurement. tax models, program review and evaluation Professor Lincoln's presence at Clark. Now THE TOOL BOX tools, debt and deficit statistics, policy anal­ that they had become doctors, ministers, pro­ Federal government programs can be fixed ysis, regulatory mandates, and paperwork fessors, scientists, lawyers and other profes­ with the right tools. The top 10 tools are burdens (Phased, 1995 to 1998). sionals, they wanted to institutionalize some September 30, 1994 EXTENSIONS OF REMARKS 27125 part of what they learned from a man who was the impact of his work and influence on their throughout his life-long work as a pastor/evan­ hired to teach them religion and philosophy, careers. His writing and teaching continues in gelist. This Sunday, October 2, he and his but who also taught them how to take hold of retirement, except that now Dr. Lincoln's wife will be honored for their years of service life and make it pay dividends for every honest "boys" are for the most part young black men to the south Arkansas community. effort. They had take to heart Dr. Lincoln's in prison. They see my name in books or in Following in their footsteps are their seven daily reminder: "You can be better than you the press, he explains, and they write to me. children: Roy Jr., Robert, Ronald, Rickey, are. You can excel." They had indeed ex­ He has never failed to answer a letter from a Ralph, Rodney and Roslyn Matheney-Wil­ celled and they wanted to share with their suc­ prisoner, and at any given time, he may be in liams-two medical doctors, two educators, cessors, a critical source of that excellence. correspondence with as many as 25 or 30 one pastor, and two associate pastors who So they founded the C. Eric Lincoln Lectures, men he will probably never see. Some are are all college educated. The Matheney chil­ which have brought to the · Clark Atlanta cam­ Muslims. Some aspire for the Christian min­ dren are beacons of hope for today's youth. pus Alex Haley, John Hope Franklin, Charles istry. Some just need someone to talk to and Because of his accomplishments, Roy H. Long, Cornel West and others of similar to care about them. But practically all of them Eason Matheney, Sr., was inaugurated on eminence to share the perspectives which had want books, he says. When he was teaching, May 7, 1994, into the office of bishop of the shaped their lives. Professor Lincoln set aside a percentage of Third Ecclesiastical Jurisdiction of Arkansas in Who is C. Eric Lincoln? He is a living leg­ his income from outside lectures to buy books The Churches of God in Christ, by that organi­ end. Up from abject poverty in the cotton for his growing prison clientele. When he re­ zations' national bishop, Bishop L.H. Ford. It's fields of North Alabama, C. Eric Lincoln retired tired, he reserved 200 paperbacks (no a position that oversees over 60 churches in a year ago at 70 from the faculty at Duke Uni­ hardcovers are permitted prisoners) to have south Arkansas. versity, where he was the William Rank some on hand as the requests continue to It is with great pleasure that I take this time Kenan, Jr. Professor of Religion. Now "Emeri­ come in. The rest of his scholarly books and to honor this great American family and to join tus" at Duke, he holds five earned degrees, a papers were added to the C. Eric Lincoln Spe­ with them on Sunday, October 2, 1994. He will dozen honorary degrees and numerous other cial Collection already housed at the library at celebrate the 33 years Bishop Matheney and honors. He is the author of more than 20 Clark Atlanta University. his wife have devoted to the Davis Memorial books, the first being the celebrated "The Dr. Lincoln has a very interesting hobby-it Church of God in Christ in Crossett, AR, and Black Machine in America," which was hailed is writing hymns as a means of expressing his their service to the people of south Arkansas. by critics as "one of the best technical case religious convictions in context. In recent The Matheney name and their deeds will be studies in the whole literature of social years, his hymn, "How Like a Gentle Spirit" in long remembered by the people of the Fourth science." The book is still the recognized au­ the New United Methodist Hymnal, has been Congressional District. thority on black Islam after 35 years, and is widely acclaimed for its illuminating view of Thank you. still selling briskly in a revised edition. His God without sexist overtones. Another popular most recent book, "The Black Church in the hymn, "Lord, Let Me Love," is a United Meth­ African American Experience" with Lawrence odist supplemental hymnal, "Songs of Zion." THE RYAN WHITE COMPREHEN­ H. Mamiya-one of his former students­ Two other hymns appear in the new Episcopal SIVE AIDS RESOURCES EMER- earned for him the distinguished title of "Dean Hymnal, "Lift Every Voice." On October 6, the GENCY ACT of Black Scholars" from Time Magazine when students at Clark Atlanta will be singing a dif­ the book was published in 1991. Interspersed ferent kind of hymn to open the Twelfth An­ HON. HENRY A. WAXMAN among his numerous scholarly works is a nual Lincoln Lectures. It will be their new Alma OF CALIFORNIA book of poetry, "This Road Serves Freedom" Mater occasioned by the merger of historic IN THE HOUSE OF REPRESENTATIVES chronicling the African American odyssey and Clark College and Atlanta University. The Friday, September 30, 1994 dramatized by a troupe of actors led by Ossie Alma Mater, "Reign Clark Atlanta!" was writ­ Davis and Ruby Dee in Symphony Hall in ten by C. Eric Lincoln, who though not an Mr. WAXMAN. Mr. Speaker, I join with Boston. He is also the author of a novel, "The alumnus of the institution, gave it his formative many of my colleagues today in introducing Avenue, Clayton City," which won the Lillian years, and perhaps his most impressive years legislation to reauthorize programs to provide Smith Award as the Best Piece of Fiction as a teacher and a friend to the students who assistance for health care services to people about the South in 1988. His "Race, Religion institutionalized that effort in the C. Eric Lin­ with HIV and AIDS. This legislation, known as and the Continuing American Dilemma" is the coln Lectures. the Ryan White Act, was originally enacted in standard college text in race relations. So, Reign Clark Atlanta! and a salute to Dr. 1990 with strong bipartisan support. Since that Dr. Lincoln has lectured at many of the Jacqueline Burton and the Eli Lilly Endow­ time it has provided vital assistance to those great universities of the world, in France, Scot­ ment, which funded much of the research cities that have been hardest hit by the epi­ land, England, Scandinavia, Iran, Africa, Ice­ which made C. Eric Lincoln the "Dean of demic, to all States since all States have now land, and the United States. However, most Black Scholars" but more than that, a friend been struck by the epidemic, to those poverty gratifying to him has been his one-on-one re­ and inspirer, a challenge and a role model for health clinics that are seeing the poorest and lationship with youth, irrespective of race or black youth everywhere. most vulnerable Americans with AIDS, and to station. In a professional career that spans 50 pediatric research and care sites that serve years, he remembers best the satisfactions women and children with AIDS. that came with inspiring young people to TRIBUTE TO THE MATHENEY The Ryan White Act has worked wonders in "struggle against ar:iy convention that claims to FAMILY many places. Cities where emergency rooms have predetermined your capacity to be what were once the only source of AIDS care now you want to be." Under that rubric, over the HON. JAY DICKEY have a more compassionate and more cost-ef­ years, inside and outside the classroom, he OF ARKANSAS fective system of outpatient services. States in nurtured more than 200 aspiring scholars IN THE HOUSE OF REPRESENTATIVES which Medicaid was once the only source of through their frustrations of self-doubt to the life-sustaining prescription drug now provide fulfillment of publication and scholarly recogni­ Friday, September 30, 1994 treatment to many people who may thereby tion, reading and critiquing their manuscripts, Mr. DICKEY. Mr. Speaker, I rise today to stay employed and productive. Clinics that guiding their revisions, placing their best work share with my colleagues a truly remarkable once had to choose between cutting basic pri­ with publishers who trusted his judgment be­ family in the Fourth Congressional District of mary care services or adding newly necessary cause they respected his work. To see his Arkansas. Roy Eason Matheney, Sr., his wife, Al DS services can now provide comprehen­ young scholars in print and to rejoice with Verleen, and their seven children are all strik­ sive early intervention care to their patients them in proving to themselves what they could ing examples of the spiritual, moral, and hard­ along with other health needs. And pediatric do, was the only payment .he ever asked or working fiber on which our Nation was found­ research and treatment programs have grown received. ed. to bring frontline clinical trials to community C. Eric Lincoln is the father of a whole gen­ Roy Eason Matheney, Sr., has been a spir­ setting for women and children. eration of scholars currently interpreting the itual leader for nearly four decades. He has This bill reauthorizes the programs of the black experience in religion. Few would deny met the needs of thousands of people Act through the year 2000 at a level of such 27126 EXTENSIONS OF REMARKS September 30, 1994 sums as may be necessary. In doing so, it AIDS throughout America. I join my colleagues idiocy," he adds. " As I recall, time was pret­ makes a number of minor changes to the sub­ in reaffirming our support for this important ty limited. I also stopped in Cottonwood to stance of the legislation. It also makes adjust­ program. see my parents." The squadron Eldon trained with at El ments to the formulas of the programs. In Toro had been scheduled to fly low-level brief, the formula for assistance to cities is bombing raids over the Japanese mainland, amended to include within the formula base CONGRATULATING ANN AND but he was spared. '·There would have been only the cases that were reported within the ELDON RUDD ON THEIR 50TH no survivors," he said. " When they dropped last 10 years. Cities that might lose money WEDDING ANNIVERSARY the (atomic) bomb-two of them-we were under this new formula are held harmless at pretty much out of a job." their fiscal year 1995 funding level. The for­ HON. JON KYL The war's end brought Ann and Eldon to mula for assistance to States is amended to Phoenix where he finished his undergraduate OF ARIZONA work at ASU before entering the University add supplementary funding to those lower IN THE HOUSE OF REPRESENTATIVES of Arizona law school. incidences, usually rural States that do not Friday, September 30, 1994 Two men influenced Eldon's future: Ronald contain a city that receives direct funding. Reagan and a former Marine pilot. He met This bill is a companion measure to one Mr. KYL. Mr. Speaker, I hope that Members Reagan while attending a University of being introduced in the Senate by Mr. KEN­ of the House will join. me today in extending Southern California conference where, as NEDY and Mr. HATCH, as well as a large num­ congratulations to a former House colleague president of the Screen Actors Guild, he ber of their colleagues. If the measure passes and his wife, Eldon and Ann Rudd, on the oc­ talked to the collegians about his encounters with communist infiltrators. Meanwhile his the Senate in the remainder of this session, casion of their 50th wedding anniversary. They Marine friend joined the FBI and kept tell­ we will seek to have the House do so as well. celebrated that special event on August 2. ing Eldon what a great " outfit it was. " The AIDS epidemic has been a national Few couples ever achieve that very extraor­ "When I was in law school, the agent in tragedy. The Ryan White Act has been one dinary milestone, and those who do deserve Phoenix came and talked to us," he relates. part of a national response. We have the op­ special praise, particularly when most of those "He zeroed in on me and I agreed to come up portunity with his legislation to renew that pro­ 50 years were spent in public service in the to Phoenix and take the exam. I began prac­ gram, and I urge my colleagues to support House of Representatives, on the Maricopa ticing law in Tucson and was about to decide that effort. County Board of Supervisors in Arizona, and on what firm to join when the FBI letter ar­ rived and told me to report for duty Jan. 9, on diplomatic assignment for the FBI abroad. 1950. " It is a tribute to their spirit and care for one THE RYAN WHITE COMPREHEN­ Once again, Ann found herself going home another that they have made it this far, and I to Texas while Eldon underwent FBI train­ SIVE AIDS RESOURCES EMER­ am confident, knowing how close they are that ing and soon began a 20-year FBI career in GENCY [CARE] ACT OF 1990 they will make it many more. Washington, D.C., Phoenix, Mexico City, Mr. Speaker, I ask my colleagues to join me Guatemala, El Salvador, Honduras, Nica­ HON. JAMFS C. GREENWOOD in extending best wishes to Eldon and Ann on ragua, Costa Rica and Argentina. OF PENNSYLVANIA this special event. I also ask that a very CONFRONTED KGB AGENTS IN THE HOUSE OF REPRESENTATIVES thoughtful column from the Scottsdale In his intelligence work, he came face to Progress appear in the RECORD at this point: face with KGB agents and witnessed the cru­ Friday, September 30, 1994 elties of Communism firsthand. He made a [From the Scottsdale Progress Tribune, pledge to make Americans aware of com­ Mr. GREENWOOD. Mr. Speaker, I am Sept. 9, 1994) pleased to join Chairman WAXMAN and DIN­ munism's threat to their freedom and did so RUDD SPENT CAREER KEEPING AMERICA SAFE GELL in introducing the Ryan White CARE Re­ by writing World Communism- Threat to (By Lois McFarland) Freedom in 1987. authorization Act of 1994. The act has served Fidel Castro identified Eldon in a national as an integral component of comprehensive During World War II, getting married and being separated from one's spouse was an ac­ magazine as a "hostile espionage agent." medical and support services for thousands of cepted wartime fact. In 1944 , Ann Merritt, 22, But " I wasn't an espionage agent," he individuals afflicted with human was managing a Western Union station in counters. (He was an assistant legal attache immunodeficiency virus [HIV] and acquired im­ Beeville, Texas, when hotshot Marine pilot attached to the U.S. Embassy in Mexico mune deficiency syndrome [AIDS] across the Eldon Rudd, 24 , stationed at Chase Field, City.) United States. this four part Federal grant pro­ asked her to send a telegram to a girlfriend. He played a role in both the identifications gram provides assistance for the treatment Neither Ann, 72, nor Eldon, 74, can recall of revolutionary Che Guevera and Lee Har­ what the telegram said nor the name of the vey Oswald. and treatment-related services for individuals When President Kennedy was assassinated, and families with HIV disease. former girlfriend. He does say, " I think she (Ann) fell in love and Lee Harvey Oswald killed, " all hell The number of men, women and children with my uniform." broke loose," Eldon recalled. " Through my affected with AIDS/HIV has reached epidemic "We really got acquainted at a country sources, we were able to find out where Lee proportions. It is estimated that between club dance," Ann adds in her quiet manner. Harvey Oswald had stayed in Mexico City. 800,000 to 1.2 million individuals in the United She also recalls their first date was on St. We even had some photographs showing that States · are infected with HIV. The HIV virus Patrick's Day, March 17, 50 years ago. he had visited the Cuban and Russian embas­ has become the leading cause of death Their romance blossomed. Nearly five sies." months later they said their vows Aug. 2, Ann never knew just how dangerous her among males aged 25 to 44 and the fourth husband's assignments were because families leading cause among women of the same age 1944, and set up housekeeping with several other newlywed pilots and their wives in an were kept out of the information loop. Their group. One American becomes infected with auto court in Kingsville, Texas. Eldon had two daughters, Carolyn and Katherine, at­ HIV every 15 minutes. The most staggering been transferred to the nearby Naval Air tended American schools on foreign shores figure is that over 45,600 children will be or­ Station. while Ann took part in activities and events phaned as a result of the HIV/AIDs epidemic When he left for Jacksonville, Fla., and plant1ed for the diplomatic corps wives. by 1995, with this figure rising to more than carrier assignment before being sent to El " It was a great experience," she said. " It Toro in California, Ann went to live with her brought home to me very forcefully how 80,000 by the year 2000. Truly, we need to lucky we are to be Americans." reach out to the communities and the families parents in Cuero, Texas. " I was pregnant with our first child and I stayed with my Eldon's military and public service career whose entire lives are being consumed by this spanned nine presidents. He served in the disease. parents until Carolyn was a year old," she said. " He came home for a visit when she military under Franklin Roosevelt and Ryan White programs have offered much was just a few weeks old and then was as­ Harry Truman and in the FBI under presi­ dents Eisenhower, Kennedy, Johnson and needed hope and care to these afflicted com­ signed to a carrier in Guadalcanal for a munities. The act has enabled a wide variety year." Nixon. He became a Maricopa County Super­ of organizations to provide long-term security visor in 1972 and was elected to Congress in DROVE 19 HOURS 1976 and served five terms before retiring to and services to the individuals facing this dev­ The veteran pilot recalls purchasing a 1942 private law practice in 1987. astating illness. Clearly, the Ryan White CARE Chevy in El Toro and driving 19 hours with­ In their comfortable Scottsdale home, the Act has raised the level of care given to indi­ out stopping to Texas just to see his wife and Rudds are surrounded by photographs and viduals and communities living with HIV and infant daughter for a few hours. "That was memorabilia from world travels. Custom September 30, 1994 EXTENSIONS OF REMARKS 27127 shelves and niches display a miniature loco­ the targets of intense pressure from the de vice offered by U.S. Government officials was motive, a gift of the Southern Pacific Trans­ facto government. to comply with the sanctions, but to not risk portation Co. for Eldon's service on the For example: the safety of Texaco Caribbean employees. board of directors; vases from Taiwan, pitch­ Ten soldiers entered the home of Texaco Given the circumstances, Texaco Caribbean ers from Madrid, a collection of elephants from around the world, models of the fighter Haiti's superintendent to demand that he re­ believed the only viable option to protect its planes he flew, and a giant gavel presented lease petroleum from Texaco's terminals. employees and keep the operation out of the to him by campaign workers when he won They unholstered their guns and one soldier regime's hands was to create a trust, which his first congressional race. hit the superintendent's child on the head with would hold all Texaco Caribbean's Haitian as­ " I'm the retired one," Ann says, alluding a rifle butt. sets until such time as United States sanctions to the fact her husband retired from practic­ Two Haitians associated with Texaco Carib­ were fully lifted. ing law this year and now heads up Eldon bean, one a contract security guard and the On a number of occasions prior to creating Rudd Consultancy Inc. (political, foreign, in­ other the recently retired marketing manager, the trust, Texaco Caribbean presented the dustrial and personal security group) and serves on the Salt River Project board of di­ were murdered. proposal to OFAC and to other members of rectors. " When we came back, I decided to Armed men in a jeep plowed through the the U.S. Government for review. When Tex­ seek the quiet life." (In 1985, Ann underwent flower garden at the home of Texaco Carib­ aco Caribbean received no response, it alert­ five-way by-pass heart surgery) bean's chief accountant, and then burst into ed OF AC and other officials in the State and Although nomads a good portion of their his home, demanding payments for the re­ Treasury Departments that time was short­ married life, both still enjoy traveling. For gime. They threatened him with harm in front that, in light of the daily threats to its employ­ their 50th wedding anniversary, they took a of his wife and children if he did not arrange ees, Texaco Caribbean had to act quickly. family cruise down the California and Mexi­ payment by noon the following day. A senior When Texaco Caribbean again received no can coasts. official of the de facto government also told response, it decided that the danger to its em­ the chief accountant that the head of the re­ ployees was so grave that it could no longer DID TEXACO FAIL TO COMPLY? gime himself was demanding payment for the wait to take action. product. He reminded the Texaco Caribbean On June 4, 1992, Texaco Caribbean trans­ HON. EDOLPHUS TOWNS employee that the government was prepared ferred its Haitian operations into a Bermuda OF NEW YORK to take harsh measures against anyone who trust. During the time it is in existence, the resisted its wishes. The chief accountant was trust holds and operates Texaco Caribbean's IN THE HOUSE OF REPRESENTATIVES also warned that, if Texaco delayed distribu­ former distribution system in Haiti. Texaco Friday, September 30, 1994 tion of petroleum, the government would deal Caribbean has had no control over its former Mr. TOWNS. Mr. Speaker, I strongly sup­ with him personally. "I have overheard certain distribution business in Haiti. It is not entitled ported United States and U.N. sanctions conversations that have scared me," the chief to any profits from its former operations-and against the government of Haiti. I believe accountant was told, "and I am sure if you has received none. All proceeds are to be these sanctions in fact, contributed to forcing heard them, you would be scared to death." used for humanitarian and educational pur­ the defacto government to finally yield to the The brother of General Cedras-himself a poses benefitting Texaco Caribbean's former latest round of negotiations for a peaceful former member of the infamous Tonton Haitian employees, retirees and their families. intervention. Because of the manner in which Macout~called a Texaco Caribbean man­ The trust is also expressly forbidden from im­ they complied with these sanctions, one of our ager to bully him about Texaco's refusal to ac­ porting any petroleum products into Haiti. major oil companies, Texaco, now is being ac­ cept shipments of petroleum from the govern­ The U.S. Government was well aware that cused of noncompliance. If one examines Tex­ ment for distribution. The refusal was seen as the trust was subject to immediate dissolution aco's unique presence in Haiti, their actions evidence of a "pro-Aristide attitude"-a chilling by the U.S. Secretary of Treasury at any time are completely understandable. statement coming from a member of the vio­ or whenever U.S. sanctions are fully lifted. When President Clinton told the American lently anti-Aristide regime. This provision, designed by Texaco, was avail­ people recently about the brutality and vio­ Throughout this time, Texaco Caribbean's able to secretaries Brady and Bentsen any lence of the military regime in Haiti, Texaco managers were repeatedly summoned by sen­ time they believed it was acceptable for the knew only too well how true his words were. ior government officials who demanded great­ United States to allow the Cedras junta to ex­ During 1991 and 1992, the Cedras regime er cooperation. Even Haiti's notorious chief of propriate Texaco's assets in Haiti, which that used coercion and violence to intimidate Tex­ police, Colonel Michel Francois, personally ex­ regime would have done the moment Tex­ aco Caribbean employees there from comply­ pressed his displeasure with the Texaco Car­ aco's Haitian employees refused to distribute ing with U.S. sanctions against the de facto ibbean's managers-a serious threat to a Hai­ product. government. tian. When U.N. sanctions were imposed in Throughout the violent and threatening pe­ Texaco Caribbean employees were clearly 1993, also affecting, for the first time, the Shell riod following the imposition of U.S. sanctions, caught on the horns of a terrible dilemma, one and Exxon subsidiaries, Texaco assumed that Texaco sought to act in a legally and morally not of their own making but a result of their ef­ all distribution of product would cease. In fact, correct manner. Texaco Caribbean did not im­ forts to comply with the U.S. sanctions. The a Haitian court ordered that all three compa­ port any petroleum products into Haiti once dilemma was taking a personal toll. "When I nies continue to operate. The court order was the United States sanctions were imposed. It leave this office," one Haitian employee told backed up by threats of violence and insinu­ acted only as a distributor of products pur­ his Texaco Caribbean supervisor in a phone ations of treason, against the Trust's employ­ chased by the Haitian Government, and then call, "I am not sure I am going to reach ees, by the Haitian military. At this point, the only under threat of military force. home." pressure on the Haitian employees was re­ Texaco Caribbean was one of three petro­ Throughout this ordeal, Texaco had three lieved when the United States Naval Blockade leum distributors in Haiti at the time of the goals: To comply with United States sanctions, stopped the regime from importing petroleum coup. The other two were subsidiaries of to protect its employees, and to ensure that its products by tanker. Exxon and Shell. However, Texaco Caribbean physical assets in Haiti did not fall in the Under the circumstances and in light of the was the only company subject to the U.S. hands of the military regime, which could then advice Texaco Caribbean received from legal sanctions, being incorporated in the United generate profits directly from the distribution of counsel and U.S. Government officials, Tex­ States, while the other two companies are not. fuel. Texaco Caribbean management in the aco believes that Texaco Caribbean acted As a result, when the military regime, anx­ United States constantly urged its Haitian em­ prudently and appropriately. Texaco took ac­ ious to obtain fuel and money, imported petro­ ployees to resist the regime's demands while tion to protect its employees-none have been leum products and ordered the three compa­ becoming increasingly concerned about the injured since the Trust was created-to com­ nies to accept shipments at their terminals, to untenable situation which had developed. ply with United States sanctions, to keep the distribute them and then to pay the regime for Texaco Caribbean, in numerous discussions United States Government fully informed of its the shipments, the other two companies did with the Treasury Department's Office of For­ activities, and to keep its physical assets from so. But Texaco's Caribbean employees, in eign Assets Control [OFAC] and the State De­ benefitting the Haitian junta. compliance with the U.S. embargo, resisted partment, told officials of the danger facing its In light of the dangers faced by their em­ the regime's orders-and immediately became employees. In those discussions, the only ad- ployees, I believe that Texaco acted prudently 27128 EXTENSIONS OF REMARKS September 30, 1994 and within the spirit of the sanctions. Hope­ would not grant a license and four months In September of 1994, Judge Cole entered fully, in reviewing whether Texaco complied aft er that, issued the pre-penalty notice. the University of Texas School of Law. While Texaco makes a compelling argument, and with the sanctions, others will also recognize it appears to us that they were between a a law student, he worked as a student attor­ the difficult dilemma faced by the company in rock and a hard place. Any attempt to shut ney for the Legal Aid Clinic, a cooperative their efforts to protect their employees. down the Haiti operation would have endan­ project with the Travis County Bar Association, DEPARTMENT OF COMMERCE, THE gered the lives of its employees. If Texaco providing legal services to the poor. He was DEPUTY UNDER SECRETARY FOR had attempted a closure, it would have been employed part-time in the Texas House of INTERNATIONAL TRADE WASHING­ easy for the Haitian de facto government to Representatives and later as clerk with the TON, DC. seize control of Texaco's terminals and to Austin law firm of Clark, Thomas, Harris, March 7, 1994. run the operation. This would have main­ Hon. RONALD K. NOBLE , tained the availability of petroleum in Hai­ Denius & Winters. He also served as an asso­ Assistant Secretary for Enfor cement, Depart­ ti's distribution network and the goals of the ciated editor of the Texas Law Review from ment of Treasury. embargo would not have been advanced. 1960 to 1962. He graduated with honors on DEAR MR. NOBLE: I am writing regarding a Moreover, the de facto government would January 7, 1962. problem that Texaco has brought to our at­ have pocketed the profits. Instead, Texaco tention concerning Treasury's Office of For­ provided that the trust will use any profits After graduating from law school, Judge eign Assets Control (OFAC). I would appre­ for humanitarian and educational purposes Cole returned to his hometown of El Paso. He ciate your reviewing this issue in light of the in Haiti. was licensed to practice on April 23, 1962, mitigating circumstances of this case. Texaco has asked for our help in this mat­ and immediately thereafter was appointed as­ Texaco operates a marketing and distribu­ ter. While we realize it is a Treasury concern sistant county attorney in El Paso. He left the tion business in Haiti. On September 16, 1993, we indicated we would bring the matter to County Attorney's Office to enter private prac­ OFAC issued a pre-penalty notice to the your attention to see whether further review is possible. I'd appreciate any advice you tice in 1964. On March 21, 1980, he was ap­ company indicating a proposed fine of $1.6 pointed U.S. magistrate in El Paso. million of alleged violations of Haiti embar­ could provide. go. Sincerely, Judge Cole is a member of the American Texaco told us that its Haitian employees TIMOTHY J . HAUSER. Bar Association and the American Judicature had been under severe pressure since the Oc­ Society, and a former director of the El Paso tober 1991 coup. While Texaco instructed its Bar Association. employees to obey the sanctions, the Haitian RETIREMENT OF HON. PHILIP T. military directed them to distribute petro­ COLE Judge Cole's success as a magistrate is leum products imported by the de facto gov­ based on a combination of profound insight ernment and to make payments to the gov­ HON. RONAID D. COLEMAN and a prodigious awareness of the law and its ernment. The employees were operating OF TEXAS place in our society. He is greatly respected under fear of physical violence. Two former IN THE HOUSE OF REPRESENTATIVES by his peers in the legal profession. He is a employees had been killed and family mem­ man of great intellect and wit, and also of bers had been threatened and beaten. Friday, September 30, 1994 great compassion. Judge Cole is to be com­ In June 1992, Texaco transferred its Hai­ Mr. COLEMAN. Mr. Speaker, I wish to pay mended for the exemplary wisdom and dis­ tian assets to a Bermuda trust, an action tribute to the Honorable Philip T. Cole on the which it believed would permit lawful oper­ occasion of his retirement. I am especially in­ passionate judgement that he has exercised ations in Haiti and would be in the best in­ debted to this individual because he has dedi­ from his position as Federal magistrate to this terests of its Haitian employees. Texaco pro­ Nation. hibited the trust to import any petroleum cated the past 14 years of his life as a U.S. products. Texaco informed OF AC of this ac­ magistrate judge in the Western District of I ask my colleagues to join me in congratu­ tion and requested a license, if it was nec­ Texas, El Paso Division. Judge Cole's retire­ lating Judge Cole on the occasion of his retire­ essary to have one. Eleven mouths later ment will be effective today, September 30, ment and wish him well in all of his future en­ (May 1993), OFAC advised Texaco that it 1994. deavors.