October 21, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E2265 EXTENSIONS OF REMARKS

TRIBUTE TO THE LATE CONGRESS- Republican Chairman JOHN BOEHNER either 1990's McCarthyism is a way of life for the MAN, GARRY BROWN, 1923-1998 themselves called or instructed others to call Republican party. Light must be shed on it member companies of the Electronics Alliance and it must be stopped. HON. FRED UPTON Industry (EIA) and demand that EIA break its Let me provide another example about how this Congress is punishing people for being OF MICHIGAN contract with former Democratic Congressman Dave McCurdy and hire a Republican as its Democrats or having the audacity to hire IN THE HOUSE OF REPRESENTATIVES new president. In case that was not sufficient Democrats to work for them. Last week Chair- Tuesday, October 20, 1998 warning, the Republican leadership then re- man JOE BARTON of the Oversight and Inves- Mr. UPTON. Mr. Speaker, many of you may moved legislation to implement the World In- tigations Subcommittee of the Commerce not have heard of the passing a few weeks tellectual Property Organization Act from the Committee, came to the floor to announce that ago of our former colleague, Congressman floor schedule and told EIA it was to ``send a he intended to refer to the Justice Department Garry Brown, who represented southwest message'' that McCurdy and other Democrats for further ``investigation'' his allegations that Michigan. Through more than a decade of were not welcome in Republican leadership certain highly connected Democrats and service in the House of Representatives, offices. EIA stood up to the pressure, but Democratic supporters had lied under oath at Garry Brown will be remembered as an am- some member companies now are talking subcommittee hearings, paid illegal contin- bassador from a more genteel era of politics. about leaving the association to set up a more gency fees for government leases and con- Brown served six terms in the U.S. House Republican-acceptable one. spired to commit all manner of mayhem in vio- of Representatives, from 1966 to 1978, where This is not new. Since 1995, Representative lation of the federal conspiracy statute. he was known for his hard work and solid DELAY has been threatening trade associa- Chairman BARTON also demanded that the command of the issues. Brown's personal tions, law firms and lobbying groups to remove General Services Administration ``take imme- foundation was rooted in his high ethical Democrats from top jobs and replace them diate steps''Ðapparently without going through proper legal channels and by breaching a standards. His belief that Members could re- with Republicans. To see him, Representative valid contractÐto get back all the rent it has main close friends while disagreeing over the DELAY told one company, ``you have to hire a paid for the Portalls II building, the new head- issues helped carry him through some of the Republican.'' As Representative BILL PAXON quarters into which the Federal Communica- most difficult times in our Nation's history. said, Democrats are ``the enemy'' and should tions Commission will begin moving next His service to his Nation was not limited to not be supported. [``Speaker and His Directors week. Chairman BARTON also wants the GSA the House. Preceding his congressional ca- Make the Cash Flow Right,'' Washington Post, to recover all fees paid to Washington lawyers reer, Brown was a brave member of our Nov. 27, 1995.] Apparently, the Republican by one of the partners in that development. armed services during the Second World War leadership no longer believe in a robust two- Exactly how this is to be done legally is quite in Japan. After the war, he worked for the FBI party system. unclear, particularly since on October 7, 1998, before he came home to Schoolcraft, MI, to In many countries in the world, the actions GSA issued a ``lease status'' letter indicating enter State politics. A delegate to the Michigan of the Republican majority would be routine behavior. Persons affiliated with the ruling dic- that the government was not aware of any Constitutional Convention, he played a major ``defense to its obligations under the Lease.'' role in crafting the present State constitution. tator or party and its henchmen get good pri- vate and public jobs for themselves and their The chairman did not further enlighten us. Later in life, Garry Brown returned to his The special order appeared to be a last- families; special deals when public businesses farm in Schoolcraft, MI, where he spoke of the minute, cheap shot bid for press attentionÐ are ``privatized''; and many other luxuries. pride and joy he gained in his role as an elder and speech-and-debate protectionÐfor old, statesman. He will be remembered as the Several billionaires were made in Mexico over unproven allegations and an investigation that gentleman from Michigan in every sense of the past decade because of such affiliations has drilled a dry hole. There is no report nor the word. He led his life with dignity, served with the ruling partyÐthe PRI. Dissidents in is a referral letter yet written. One must ques- his community with respect, and lived with a the former Soviet Union and its satellite states tion why a subcommittee chairman needs to profound love for his country. were denied the right to work at their chosen go to the floor to give instructions to his staff. Mr. Speaker, please join me in sending my professions because of their political views. In More importantly, this referral is not based condolences to his daughter, Ms. Frances the Congo, the right to work at all under on credible evidence but is an attempt to pun- Brown, and to all of Gerry's family and friends. former dictator Mobutu often depended on po- ish private persons who happen to be Demo- Congressman Garry Eldridge Brown will be litical party affiliation. The right to work and crats by forcing them to go through months of sorely missed by us all. speak in China today can depend upon a per- additional investigations when the Subcommit- f son's political views. Indonesia, Malaysia . . . tee's own work failed to uncover any criminal I could go on and on. wrongdoing. Attorneys' fees to defend against ATTEMPTS TO BLACKLIST PEOPLE From our vaunted and privileged perch in a continuing string of unsuccessful investiga- BECAUSE OF DEMOCRATIC what is still the world's greatest democracy, tions can be used quite easily to cripple indi- PARTY AFFILIATION we call these countries and their leaders ``cor- viduals with different political views. As much rupt,'' ``backward,` and ``undemocratic.'' We was threatened at the Subcommittee's Octo- HON. RON KLINK decry the ``inefficiencies'' that result from such ber 6, 1998, hearing. In his opening state- OF PENNSYLVANIA interferences with individual and corporate ment, Committee Chairman BLILEY told the IN THE HOUSE OF REPRESENTATIVES freedoms. We spend millions of dollars every witnesses that he believed that their behavior year to bring the message of our ``democracy'' Tuesday, October 20, 1998 was ``wrong,'' and that ``if they continue down to the benighted of the world. But unfortu- the path of evasion and avoidance, they Mr. KLINK. Mr. Speaker, there was a time nately, in the Congress of the United States, should know the consequences will be far when people were blacklisted from jobs be- the majority party too is now imposing the lit- greater.'' (emphasis added) cause of alleged affiliation with the Communist mus test of party affiliation to reward or punish Chairman BLILEY stated that the witnesses' Party. Today, attempts are being made to our citizens. The Republicans are using party previous testimony, in which they denied any blacklist people because of their affiliation with affiliation to determine who has the right to pe- wrongdoing, raised ``serious questions about the Democratic Party. tition the government. The sacred constitu- whether these men intended to mislead the How do they do that in our democratic sys- tional rights of free speech and association Committee.'' He claimed the Subcommittee tem? Through direct threats to employers' and the right to freely contract for goods and had ``other testimony and evidence'' that pocketbooks. According to Roll Call, the services no longer exist if you are registered should cast ``significant doubt'' on their expla- Washington Post, and the New York Times, as a Democrat. In fact, you may be sum- nations. But, as staff and members already Speaker GINGRICH, Majority Leader RICHARD moned before a Congressional Committee to knew, there was no new testimony or evi- ARMEY, Majority Whip TOM DELAY and House explain all of your business dealings. This new dence to be presented at that hearing or the

∑ 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. E2266 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 following hearing on October 9. In fact, on Oc- company, lost their jobs. Personal reputations with chief executives of Democratic leaningÐ tober 9, witnesses from two government agen- were damaged. Private individuals amassed who agree to do business with the govern- cies denied that any misconduct had occurred, huge legal fees; and the taxpayer will probably ment take no steps to understand the busi- confirming statements that they had made to never benefit from the $33 million invested in ness or the risks involved before they invest staff months before. Nonetheless, Chairman the technology. No report was ever written: no their funds. ``Due diligence'' by Democratic BLILEY complained again about what he apologies were ever made by the Republican business peopleÐespecially if it involves hun- viewed as ``implausible stories and expla- accusers or those who leaked negative stories dreds of millions of dollarsÐis forbidden. nations.'' to the press. Phone calls, meetings with anyone who might As Rep. JOHN DINGELL, ranking member of The second investigation, which Rep. BAR- know about the projectÐall are suspect. If car- the Commerce Committee, and others stated TON says he will refer to the Justice Depart- ried out, such activities are put under a Re- in the press last week, these statements are mentÐto find the evidence that the Sub- publican microscope for months on end. nothing more than the last gasp of a Sub- committee could notÐgrew out of the first Even when no wrongdoing is found, Repub- committee staff that has labored unsuccess- one. During the Molten Metal investigation, licans continue to sully the reputations of fully for almost two years. In two investiga- majority staff heard that Mr. Knight had been those innocent people. Is there no decency tions, this subcommittee has engaged in a fu- paid $1 million by another client and decided left in the GOP? tile effort to link Peter Knight, the well-paid that such a fee was too large. Molten Metal The people did not pay us to come to lawyer/lobbyist who successfully managed the was soon forgotten, as the Subcommittee Washington to punish those of different politi- 1996 Clinton-Gore re-election campaign, and plunged forward into another year-long inves- cal views, to eliminate our two-party system Vice President AL GORE to some type of illegal tigation of another of Mr. Knight's clients. This and political debate or to look into people's activity. This was done to the detriment of investigation involved the $1 million payment private businesses because we think they are much more important investigations that could by Franklin Faney, a Tennessee developer, to paid too much or don't like the way they comb have been done on health care, securities, Mr. Knight for three years' work of various real their hair. Millions of dollars in public and pri- telecommunications, and other issues under estate projects, mostly in the Washington vate funds have been expended on these in- the Commerce Committee's jurisdiction. area. Mr. Haney also had the misfortune to be vestigations already because certain business During most of those two years, there was an active Democrat, a former Democratic can- people were seen by the Republican majority little or no effort to conduct a fair investigation. didate for governor of Tennessee and a big as Democratic ``enemies'' of this Congress. During 1997, the majority worked mightily to contributor to the Democratic Party. The Hopefully, the Justice Department can sepa- show that Molten Metal Technology, a small project on which the Subcommittee focused rate a political referral designed to save face Massachusetts company which hired Mr. was Mr. Haney's ultimately successful attempt from a legitimate investigation and end this Knight as its Washington representative, re- to become a participant in the Portals II build- charade. ceived special treatment from the Department ing. f of Energy and Vice President GORE in obtain- The chairman alleged at various times that ing research and development contracts for a Mr. Haney had paid illegal contingency fees TRIBUTE TO JOSEPH P. KENNEDY, nuclear waste clean-up technology it was de- and improperly and politically influenced deci- II, MEMBER OF CONGRESS veloping. The president of that company, a sions by government officials on a supple- life-long Democrat, had contributed to both the mental lease agreement signed on January 3, SPEECH OF Democratic and Republican national parties, 1996. All testimony and documents to the con- HON. JOHN LEWIS but the allegation was that he has received trary were ignored, particularly the evidence OF GEORGIA special treatment only because of his Demo- that Mr. Haney was not a member of the Por- IN THE HOUSE OF REPRESENTATIVES cratic contributions. tals partnership at the time in question, Chair- Monday, October 12, 1998 The political purpose of that investigation man BARTON stated at various times that he was revealed before even a single hearing did not have evidence of improper contingency Mr. LEWIS of Georgia. Mr. Speaker, I rise was held. Two days before the first hearing, a fees or other improprieties, but the investiga- today to honor the good-hearted gentleman Subcommittee staff memo was leaked to the tion and the hearings continuedÐhours and from Massachusetts. I have had the great press in which the staff stated that it had no hours of hearings. The final one consumed al- privilege to serve in the United States Con- evidence of wrong-doing and no evidence of most nine hours during which eleven govern- gress with JOE KENNEDY since we were both any linkage to Vice President GORE. This was ment witnesses denied any improper behavior elected in 1986. Over the years, JOE KENNEDY already clear to the minority staff which had or influence by Mr. Haney or his representa- has become more than just my colleague, he reviewed all of the documents and participated tives. A number of them denied even knowing has become my friend and my brother. He will in many interviews. But the majority staff rec- Mr. Knight or Mr. Haney. Chairman BARTON be missed in this great institution. He will also ommendedÐand the chairman concurredÐ said that he hoped to ``gain a much clearer be remembered for his indefatigable capacity that hearings be held anyway to ``highlight picture of the contracts and negotiations'' at to help those and to stand up for those who .. . the cozy relationship among the key play- that session, but what he heard apparently did have been left out and left behind. ers, and the substantial flow of campaign con- not meet his pre-conceived view of the facts. It is no great secret that JOE KENNEDY is the tributions to Democrats.'' One of the benefits, So he came to the floor of the House to try oldest son of my friend and hero, Robert F. according to the Republican memo, would be again to do what his subcommittee could not Kennedy. There goes a saying that the apple ``enormous press coverage'' and forcing key doÐruin Peter Knight's reputation. Why? Be- never falls very far from the tree. Since I first players to ``deny allegations of misconduct cause Peter Knight happens to be a Demo- met JOE, I knew he possessed the same pas- under oath.'' McCarthyism at its worst. crat. sion for justice and equality that characterized Strangely, after the ``enormous press cov- This investigation has also established a the extraordinary political career of his father. erage'' resulting from Mr. Knight's appearance, number of new, expansive roles for Congres- For some, to follow in the footstepsÐlet alone at which he denied ``allegations of misconduct sional committees that make us vulnerable to be the eldest sonÐof an American hero would under oath,'' the majority had to be pressured charges of abuse and meddling in business be a curse. But for JOE, he honors his father by the minority to allow the executives from that is entirely and properly private, not public. and his mother, Ethel Kennedy, by being a Molten Metal Technology to testifyÐeven The first new role is a judicial one. We set a passionate fighter for what is right. Our nation though these were the very same persons new standard for evidence that sworn testi- has been well served by his advocacy for bet- who had supposedly paid for influence at mony by individuals is evidence only if it is ter public and affordable housing for every DOE, according to the majority's allegations. backed up by documents. Otherwise, it is just American, by his tireless efforts for low income The minority's request to have Molten Metal's talk. energy assistance, by his tenacious efforts to Republican Washington representative testify Second, we became the D.C. Bar's ethics stop the practice of redlining by banks and about his role for the company was turned guru because some law firms have billing and other institutions and by his leading opposition down. partnership practices that we don't like. This to the School of the Americas, better known Not surprisingly, the Subcommittee's inves- was brought to our attention by disgruntled as the ``school of assassins.'' I will miss JOE tigation turned up no evidence of wrongdoing, former partners who one would assume can KENNEDY, but the poor, the elderly, the dispos- but there were very heavy and tangible pen- litigate their own differences and file bar com- sessed and the lovers of democracy will miss alties placed on the parties targeted. Molten plaints. him even more. Metal was driven into bankruptcy. Two hun- The third new role was that of making sure When you consider all the accomplishments dred people, including the president of the that private businessesÐparticularly those of JOE KENNEDY, both as a private citizen and CONGRESSIONAL RECORD — Extensions of Remarks E2267 as a member of the House, he has stood tall After all, water is one of the most important time to begin life-saving practices such as for the ``dignity of mankind.'' He has never fal- ingredients in beer, and it is one with which mammograms and other methods of early pre- tered in the long walk toward justice. He has consumers closely identify the company. vention. It is also the perfect time to celebrate never feared the good fight. He knows how to Coors' commitment to water conservation and with breast cancer survivors, to stand with build a coalition and bring together disparate environmental control began when the brew- those who still fight, and to embrace those voices under one tent. We need more JOE ery opened its doors 125 years ago, and their who have lost the women they love. These KENNEDYs in the U.S. House of Representa- commitment clearly continues to this day. are the live-saving practices we should start tives. We need men and women who are will- The Coors Shenandoah facility at Elkton, now and never stop doing. ing to stand up for the enduring principles of Virginia, has been a great neighbor, a good Mr. Speaker, the facts serve as a reminder democracy. JOE KENNEDY is, above all else, employer, and a place we have over the years that there is still so much to be done: One out an American patriotÐhe cares deeply for jus- come to count on for true leadership on a of nine women in America will develop breast tice, equal opportunity and peace. range of important environmental issues. It is cancer in her lifetime; breast cancer takes the As we lose one of the finest members of with pride and pleasure that I pay tribute to lives of more than 44,000 women a year; this Congress, Massachusetts gains a con- the outstanding performance of Coors Shen- breast cancer is the second leading cause of cerned and tireless citizen. I know he will not andoah. cancer death for women and the first for give up in fighting for those who will need f women between the ages of 40 and 55 years heated homes for the long New England win- of age; although mammograms are a proven ters. He will continue to speak up and speak HONORING THE LIFE OF MR. CLEO method of early detection, a large proportion out for what is right and for what is just and WILLIAMS of women are not using mammography on an for what is fair. annual basis. A recent study reports that 56 It was JOE's fatherÐRobert KennedyÐwho HON. BOB ETHERIDGE percent of postmenopausal women did not used to say: ``Some men see things as they OF NORTH CAROLINA have a mammogram the past year. are and say why, I dream of things that never IN THE HOUSE OF REPRESENTATIVES Lest we despair, let us also remember great were and say why not.'' JOE KENNEDY has medical accomplishments and personal vic- Tuesday, October 20, 1998 lived up to his father's words. He has always tories: more than 1.6 million women who have said ``why not?'' Mr. ETHERIDGE. Mr. Speaker, I rise today fought breast cancer are alive today; and early I am convinced that the spirit of history will to honor the life of an outstanding North Caro- detection and prompt treatment are saving continue to guide JOE KENNEDY. I pray that the lina educator, Mr. Lion Cleo Williams. Mr. Wil- more lives each year. The 5-year survival rate spirit of history guides him to even greater liams passed away on July 16, 1998 at the after treatment is more than 90 percent! challenges. Thank you, JOE, for your great age of 81. This year I cosponsored House Resolution service to our nation. You have made a pro- While pursuing his undergraduate teaching 565 which stresses the importance of mam- found difference in the lives of millions of degree from North Carolina Appalachian State mograms and biopsies as methods of early Americans. I will miss you, your colleagues Teachers College, he interrupted his studies to cancer detection. This bill also recognizes ef- will miss you and the American people will serve in the United States Army during World forts by community organizations, government miss you. Keep your eyes on the Prize! War II. He later received his master's degree agencies, and health care organizations in f from the University of North Carolina at Chap- promoting breast cancer awareness and af- RECEIPT OF THE ENVIRONMENTAL el Hill. Cleo Williams began his 35-year career fordable access to cancer prevention care. I EXCELLENCE AWARD BY COORS as an educator with the Lee County School am proud to say this resolution passed unani- BREWING COMPANY System in 1947. He served 19 years as a mously on October 9 of this year. teacher and athletics coach at Broadway Mr. Speaker, I would like to end on a per- HON. BOB GOODLATTE School. He taught a variety of subjects, includ- sonal note. A dear friend of mine and close ing social studies, physical education, book- advisor has spent much of this month in the OF VIRGINIA keeping, and typing. He coached football, girls hospital fighting breast cancer. I think of her IN THE HOUSE OF REPRESENTATIVES and boys basketball, baseball, girls softball, every day. When I pray for her strength and Tuesday, October 20, 1998 and volleyball. Mr. Williams was also the very healing, I also thank God for the place she Mr. GOODLATTE. Mr. Speaker, I rise today first driver's education instructor in Lee Coun- has had in my life and my success in Con- to pay recognition to the outstanding work ty. In 1966, he became the principal of Broad- gress. done by Coors Brewing Company in its Shen- way School and held that position until he re- I am humbled that while she is weak, she andoah facility in the area of protecting the en- tired in 1982. thinks of me and that I am in her prayers. She vironment. Under the leadership of plant man- Mr. Williams touched the lives of many peo- continues to lend me her wisdom, her humor, ager, Bob Merchant, Coors was recently ple in the Broadway community throughout his and her strength. While she struggles, I can awarded the Environmental Excellence Award career. He influenced numerous students and offer her only my friendship and my prayers. by the Virginia Water Environment Association served as a mentor to other teachers and It is God who watches over both of us who will (VWEA). school administrators. He held other leader- bring her through. VWEA is one of 77 members of the Water ship positions in the community, including f Environment Federation. The Federation is President of the Broadway Lions Club and a dedicated to the preservation and enhance- board member of the Broadway United Meth- HONORING HOWARD F. SOMMER ment of the global water environment and is odist Church. INSTITUTE FOR COMMUNITY committed to providing technical information to I send my sincerest condolences to his fam- LIVING AWARDEE a worldwide audience, expanding quality serv- ily for the loss of such a great man and cor- ices to members, and building alliances with nerstone of the Broadway community. HON. EDOLPHUS TOWNS other organizations. f OF NEW YORK VWEA selected Coors for its environmental IN THE HOUSE OF REPRESENTATIVES commitment in the area of wastewater treat- NATIONAL BREAST CANCER ment for using the most advanced technology AWARENESS MONTH Tuesday, October 20, 1998 and for adhering to the highest of water quality Mr. TOWNS. Mr. Speaker, I rise today to standardsÐall in the effort to protect the HON. BOB SCHAFFER honor Howard F. Sommer for service to the South Fork of the Shenandoah River. The As- OF COLORADO Brooklyn community, and congratulate him as sociation also recognized the company for de- IN THE HOUSE OF REPRESENTATIVES a recipient of an Institute for Community Living veloping and implementing specific actions for award. Tuesday, October 20, 1998 eliminating nonpoint source pollution, and edu- Since late 1995, Howard Sommer has man- cating the citizens of the Commonwealth Mr. BOB SCHAFFER of Colorado. Mr. aged the New York Community Investment about the protection, conservation and wise Speaker, today I rise to recognize the efforts Company L.L.C. (NYCIC) as its President and utilization of water. of community leaders, health care providers, CEO. NYCIC, an equity investment and loan This forward-thinking operation is a model non-profit organizations, contributors, and fund established by the ten member banks of for any company that seeks to go above and Congress in promoting breast cancer aware- the New York Clearinghouse Association, pro- beyond simple compliance in its management ness and prevention. This month is National vides growth capital to small businesses of environmental issues. Breast Cancer Awareness Month, the perfect throughout New York and offers similar risk E2268 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 capital to not-for-profits who contribute to eco- with my colleagues in the House to reestablish In Luke’s Gospel, Jesus does not preach nomic and community development. NYCIC the Social Security earnings test link between until after listening and proclaiming the currently has over $25 million under manage- senior citizens and the blind. Dr. Jernigan em- word of God. In the text within our Gospel text, the prophet Isaiah proclaims a time of ment. phasized to me how the ``de-linkage'' of this Jubilee, of deliverance from captivity, a Formerly, Mr. Sommer was a principal in historic tie would have a negative impact to time of liberation; only then does Jesus several privately owned corporations involved the self esteem of blind workers, preventing speak and explain the prophet in such a in related funding activities to the business them from pursuing better employment oppor- way—‘‘This day, these words are fulfilled in community. For twenty years, he served as tunities. In his memory, I pledge to continue your hearing.’’ That Jesus’ friends and President of U.S. Capital Corporation and pushing for bipartisan legislation to restore this neighbors, far from being liberated by his Fundex Capital Corporation-managing in ex- important incentive. words, took him to the edge of the hill on which their city was built and tried to kill cess of $100 million in small business invest- Dr. Jernigan will be greatly missed. His self- him. Jesus listened, he spoke, he escaped to ments and loans. less accomplishments on behalf of the blind take up elsewhere the mission given him by Mr. Sommer was also active in the federally and the sighted are immeasurable. Because of his Father. That mission makes possible our administered Small Business Investment Com- his example, many of us will do the right thing coming together today at this end of the pany (SBIC) program. After several years as a by furthering his good work. It has been a earth as we and the entire world, with re- board and executive committee member, he great honor to have worked with such an influ- newed self-consciousness as a globe, look to- served as Chairman of the National Associa- ential and highly respected leader. ward the celebration of a new millennium. If we today believe that where there is tion of SBIC in 1994. During that time, he In conclusion, I would respectfully enter into Jesus there is Jubilee, how is it that we are worked closely with the Congress, the Small the RECORD one of Dr. Jernigan's favoable still enslaved? Every five years, as you may Business Administration and the Investment sonnets, ``Remember'' by Christiana Rossetti: know, each bishop of the Catholic Church Advisory Council to improve the federal gov- Remember me when I am gone away, goes to Rome to pray at the tombs of Peter ernment's efforts to assist small business on a Gone far away into the silent land; and Paul; then he goes in to talk with Pe- national level. When you can no more hold me by the hand, ter’s successor. This year, the bishops of the Earlier in his professional career, he held Nor I half turn to go yet turning stay. United States are making their visits ad various management positions with IBM and Remember me when no more day by day, limina apostolorum, and the bishops of Illi- nois, Indiana and Wisconsin made theirs to- XEROX corporations. You tell me of our future that you planned; Only remember me; you understand, gether last May. When I went in to talk with Mr. Sommer holds a Bachelor's degree in the Holy Father, he listened politely as I ex- Electrical Engineering form the City College of It will be late to counsel then or pray. Yet, if you should forget me for a while, plained that the report he had received had been drawn up by my staff since I had only New York and attended NYU's Graduate And afterwards remember, do not grieve; recently come to Chicago. He looked at it, School of Business. He serves as a director of For if the darkness and corruption leave put it aside and asked me a single question: several public and private business corpora- A vestige of the thoughts that once I had, ‘‘What are you doing to change the culture?’’ tions and, with his wife Arlene, have a long Better by far you should forget and smile, I was surprised, but shouldn’t have been, for Than that you should remember and be sad. history of involvement in charitable causes. He the Pope has spoken often of how culture lib- looks forward to continuing his support of the f erates us, creates the world in which what is Institute for Community Living and the valu- best in human experience can be passed on able services it provides to the people of New CARDINAL GEORGE DELIVERS and celebrated and of how, conversely, cul- York City. HOMILY AT RED MASS CELE- ture can also blind us, enslave us and must Mr. Speaker, I would like you and my col- BRATED AT ST. MATTHEW’S CA- sometimes be changed in the light of God’s leagues from both sides of the aisle to join me THEDRAL word. Taken by surprise, I spontaneously began in honoring Mr. Howard F. Sommer for his in- to speak to the Holy Father about the valuable service to the Institute for Community HON. HENRY J. HYDE Church’s relation to the legal profession in Living and the Brooklyn community. OF ILLINOIS Chicago, of the many contacts and gather- f IN THE HOUSE OF REPRESENTATIVES ings, of the several Chicago priests who are also civil lawyers, of the pro bono work for HONORING THE MEMORY OF DR. Tuesday, October 20, 1998 the poor, of the Catholic law schools and of KENNETH JERNIGAN, PRESIDENT Mr. HYDE. Mr. Speaker, on October 4th of many initiatives similar to what takes place EMERITUS OF THE NATIONAL this year, the new Cardinal Archbishop of Chi- here through the good offices of the members FEDERATION OF THE BLIND of the John Carroll society. Then I backed up cago delivered the homily at the Red Mass and began to explain that, in the United held at St. Matthew's Cathedral here in Wash- States, the law is a primary carrier of cul- HON. ROBERT L. EHRLICH, JR. ington, DC. ture. In a country continuously being knit OF MARYLAND The Red Mass is traditionally celebrated on together from so many diverse cultural, reli- IN THE HOUSE OF REPRESENTATIVES the Sunday prior to the first Monday in Octo- gious, and linguistic threads, legal language most often creates the terms of our public Tuesday, October 20, 1998 ber, which marks the beginning of the Su- preme Court's new term. discourse as Americans. A vocation to make Mr. EHRLICH. Mr. Speaker, I rise to pay my Permit me to share Cardinal George's in- and to serve the law is a calling to shape our respects to Dr. Kenneth Jernigan, who passed spiring homily with my colleagues. culture. away on Monday, October 12, 1998, after a We live in worded worlds. If there is no HOMILY: 1998 RED MASS common language, very likely there is no courageous fight with cancer. I offer my warm- common vision and citizens find themselves est sympathies to his family, friends, and the ST. MATTHEW’S CATHEDRAL; WASHINGTON, DC, OCTOBER 4, 1998 trapped in separate worlds. Listening to National Federation of the Blind, the organiza- God’s liberating word, in this Mass and else- Francis Cardinal George, OMI tion for which he served as one of its principal where, believers must wonder where the lan- leaders for more than forty-five years. Archbishop of Chicago guage of civil law and the language of faith I have greatly admired and respected Ken- Your Eminence, Cardinal Hickey, Your Ex- might share a common vocabulary. The neth Jernigan and the National Federation of cellency, Archbishop Cacciavillan, Members Catholic Church has tried for some genera- the blind since my days in the Maryland State of the judiciary and of the bar and of the tions to speak here a language of natural government and Congress, Members of the law, a language that presupposes God speaks Legislature as a state delegate. With chapters John Carroll Society and friends. in nature as well as in history, a language, in every state and almost every community, The picture of Jesus given us by the evan- therefore, able to speak of God’s ways with- the Federation is the nation's oldest and larg- gelist Luke places him in the synagogue of out explicitly confessional terminology. But est organization of blind persons. Its influence Nazareth, his home town, ready to begin his our various attempts have not really pro- today serves as a reminder of the culmination public ministry under the inspiration of the vided a dictionary shared between American of Kenneth Jernigan's lifetime work and com- Holy Spirit. This was to be his only, his last culture and Catholic faith. The National mitment to improving the quality of life for the occasion to preach in Nazareth, for his mis- Conference of Catholic Bishops often tries to blind throughout this nation and the world. sion took him elsewhere in Judea and Israel speak the language of policy, hoping that and, finally, to his death outside Jerusalem. well argued policy statements will influence Occasionally, an issue is brought to my at- In the mission and preaching of his disciples legal discussion; but the common under- tention where I can seek a meaningful legisla- after Jesus’ resurrection from the dead, standing generated has clear limitations. tive remedy for a substantial number of peo- Luke has Jesus taken farther: to Antioch There is the language of Holy Scripture ple. Four years ago, with the assistance of Dr. and Corinth and Rome, to the ends of the itself, common to great extent to all Chris- Jernigan and the Federation, I began to work earth. tians and Jews, but the Bible’s phraseology CONGRESSIONAL RECORD — Extensions of Remarks E2269 and stories are no longer common cultural and decision of public officials, and the cul- and educational resources, and arranges the parlance in our country. ture shaped by them, when these are inad- famed nature walks for all ages. Last year Speaking, in order to be heard today, a equate to the vision given us by the truths of alone, these wonderful programs involved language largely shorn of religious nuances, faith. ‘‘Faith must become culture,’’ Pope the believer can still ask two questions of John Paul II says. ‘‘What are you doing to 70,000 children from the Bay Area in the won- the vision behind legal discourse: change the culture?’’ he asks. But how can ders of nature and the stewardship needed to First, can the vision of courts and legisla- we speak of change in America today when preserve it. tures expand to see at least dimly God’s ac- the law itself blinds us to basic truths? One Recently, the legions of Elizabeth tions and purposes in history? Abraham Lin- egregious blind spot is our very sense of lib- Terwilliger's fans gathered in Olompali State coln of Illinois used public language to speak eration construed as personal autonomy. An Park in Novato, California to celebrate her of God’s purpose at the end of a bloody autonomous person has no need of jubilee, of 89th birthday. Fittingly, these events are as American civil war: ‘‘With firmness in the freedom as gift; he has set himself free. The right, as God gives us to see the right, let us spontaneous and special as Mrs. T herself. fault line that runs through our culture, and Families brought picnics to the park to enjoy strive to finish the work we are in.’’ Lincoln, it is sometimes exacerbated rather than cor- who wrestled like a biblical prophet with rected by law, is the sacrificing of the full the company of each other and the wonderful God’s purposes in history and his judgment truth about the human person in the name of woman who brought them all together. This on this nation, grew, because of his public freedom construed as personal autonomy. It year, a wonderful bronze statue of Elizabeth service, in his ability to bring together, al- is a blind spot as deep as that in Marxism’s was unveiled as part of the celebration. ways tentatively, the law he defended finally sacrifice of personal freedom in the name of I would like to take this opportunity to salute with his own and God’s word which, like a justice construed as absolute economic Mrs. T and offer my sincere birthday wishes. two-edged sword, cuts through the rhetoric equality. Such a profound error makes our of public as well as personal deceit. Lincoln She is what makes California's Sixth Congres- future uncertain. Will the United States be sional District so wonderful. Elizabeth knew that God judges nations as well as per- here when the human race celebrates the end sons, and he forged a language which, at the of the third millennium? Not without a very Terwilliger's curiosity and passion for both na- end, placed even the personal liberty to changed, a very converted culture. ture and people has been infectious among which this nation was dedicated second to The Church, however, must also listen first Marin County residents, and that is her gift to the designs of God himself. Are we permitted to God’s word before she speaks, before she us all. I am proud to honor this living legend, to speak similarly today or must the lan- translates God’s word into the words of our and I ask my colleagues to please join me in guage of law, rather than setting use free, culture or any other. Hence the Church can blind us and leave us mute in any world not recognizing Mrs. Elizabeth Terwilliger. speak only with deep humility a language f constructed by our private interests and in- which purports to give definitive access to tentions.? God’s designs in history. Even prophetic And a second question, put to use often TAXATION OF FOREIGN OPER- judgment, while certain in its proclamation, these days by Pope John Paul II: does the vi- ATIONS OF U.S. ELECTRIC AND is tentative in its final outcome. The Spirit sion of the human person found in public GAS UTILITIES is always free, but never self-contradictory. laws and decisions adequately express what Tentatively, then, let us try the language it means to be human? Do our laws not only of prayer and ask that God’s judgment fall protect contracts but also tend to force all HON. JIM McCRERY lightly on us and our nation. Gratefully, I human relations into them? Is the language OF LOUISIANA pray that God reward your dedication to of contract becoming the only public lan- IN THE HOUSE OF REPRESENTATIVES public service and your desire to create a guage of America? Does the model of asso- common language adequate to the experi- Tuesday, October 20, 1998 ciation which is accorded public rights tend ence of all our people and open to all others. more and more to constrain or even exclude Mr. MCCRERY. Mr. Speaker, today, I am in- Joyfully, let us hope that the Jubilee intro- the natural family, the life of faith, cultural ducing the coming millennium may restore troducing legislation to remedy a problem and racial groupings, relations which cannot to the United States a sense of authentic brought to my attention by the U.S. utility in- be unchosen without destroying the human freedom rooted in an ever-growing generos- dustry involving the taxation of foreign oper- persons shaped by them. ations of U.S. electric and gas utilities. These Christian faith gives us a vision of a person ity of spirit. May God bless us all. Amen we call the Word of God, made flesh. Cru- f firms were prohibited for many years from cified and risen from the dead, Jesus sends us doing business abroad until the National En- the Holy Spirit, who speaks every language HONORING MRS. ELIZABETH ergy Policy Act (NEPA), enacted in 1992, re- and gives every good gift. This vision should TERWILLIGER moved that prohibition. With passage of set us free from any lesser picture of things; NEPA, and as some foreign governments the language of faith should keep us from began privatizing their national utilities and in- supposing that we adequately understand re- HON. LYNN C. WOOLSEY OF CALIFORNIA creasing energy demands necessitated the ality in its depths and heights. This is a vi- construction of new facilities to fulfill the new sion that should humble and, in humbling us, IN THE HOUSE OF REPRESENTATIVES capacity, U.S. utilities began to make foreign open us to other worlds. Approaching a third Tuesday, October 20, 1998 Christian millennium (using what is now a investments. Since 1992, U.S. utility compa- common calendar), we gather to worship the Ms. WOOLSEY. Mr. Speaker, I rise today to nies have made significant investments in util- God we believe to be the Father of Our Lord honor a truly outstanding and special woman ity operations in the United Kingdom, Aus- Jesus Christ and therefore, in Christ, our Fa- in my Congressional District, Mrs. Elizabeth tralia, Eastern Europe, and South America. ther as well. It is good to do so, for if we do Terwilliger. Everyone knows her as ``Mrs. T,'' Foreign utilities are particularly attractive in- not worship God we will inevitably end up and it's not an understatement when I say that vestments from a U.S. viewpoint. They are not worshipping ourselves. Nations worshiping almost everyone in Marin County, California, ``runaway plants'', but rather stimulate job cre- themselves have plagued this last century of the second millennium, and Gods word knows Mrs. T. Her devotion to people and the ation in the U.S. in design, architecture, engi- prompts us now to examine a new ourselves environment has made Mrs. T legendary, and neering, construction and heavy equipment and our history. Without warrant, we have has truly shown what a very special person manufacturing. When the subsidiary of an U.S. associated ourselves with the biblical city on she is. utility builds generating plants, transmission a hill, not Nazareth but Jerusalem itself. As an internationally recognized environ- lines, or distribution facilities to serve its for- Without right, we too often judge other peo- mentalist and naturalist, Mrs. T has molded eign customers, these most often come from ples and nations by our standards and inter- generations of nature lovers who now care for U.S. suppliers. Given that the U.S. energy ests, assuming that our interests must be our nature trails the way she does. For the market is mature, overseas investments are a universal. Without sense, we even seriously consider if this nation is the end of history, last four decades, hundreds of families in good way for U.S. utilities to diversify and as if our present political and economic ar- Marin County have joined Mrs. T for her re- grow, to the benefit of their employees and rangements were surely the culmination of nowned nature walks. No one has cared for their shareholders. God’s designs for the universe. Lincoln, who Marin County's pristine, natural surroundings Unfortunately, the Internal Revenue Code had the good grace to speak of us only as an the way she has, which is why the exceptional penalizes these investments by subjecting ‘‘almost chosen people’’, would surely blush, Elizabeth Terwilliger Nature Education Center them to double taxation. Under the foreign tax and so should we. was dedicated in her honor. credit rules, the interest expense of a U.S. Today, as yesterday and tomorrow, the Church speaks a language of respect for pub- The Nature Center was founded to foster person is allocated in part to its foreign oper- lic office holders, whose vocation is shaped Mrs. T's unique multi-sensory teaching tech- ations based on the theory of the ``fungibility of by the constraints of law; both the Church, nique that advances the exploration of our en- money.'' The allocation formula in Internal today as yesterday and tomorrow, also vironment. The Center allows children to dis- Revenue Code section 864 requires U.S. do- speaks as best she can to judge the actions cover nature through a variety of field trips mestic interest expense to be allocated based E2270 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 on the value of the company's foreign and do- in fact, the mastermind behind many of the ticularly at risk. Pesticides registered for public mestic assets. If a firm has mature (depre- Toledo area's successful political ad cam- health uses are utilized to prevent the spread ciated) U.S. assets and newly acquired over- paigns. From 1967 through 1987, his ads of bacteria which are carried by pests, such as seas assets, like many U.S. utilities, a dis- were part of eleven mayoral election victories. Salmonella, Legionnaire's Disease, E. Coli, proportionate amount of U.S. interest expense Long-time Toledo Mayor and elder statesman Lyme Disease, Encephalitis. will be allocated abroad. The result is a very Harry Kessler noted, ``He could put more in a f high effective tax rate on that foreign invest- 22 second commercial than any man I ever ment and a loss of U.S. foreign tax credits. knew.'' His style in advertising became a fix- IN RECOGNITION OF CARLTON A. Rather than face this double tax penalty, some ture in our regional landscape, as Tom won FUNN, SR. U.S. utilities have actually chosen not to invest many awards over the years for his creativity overseas and others have pulled back from and achievement. His ads have become part HON. JAMES P. MORAN their initial investments. of Northwest Ohio's political and financial his- OF VIRGINIA One solution to this problem is found in the tory. IN THE HOUSE OF REPRESENTATIVES legislation that I am introducing today. Our Strongly committed to his community, Tom Tuesday, October 20, 1998 remedy is to exempt the debt associated with gave freely and often of his time and talents. a regulated U.S. utility business (the furnishing He was frequently a gifted master of cere- Mr. MORAN of Virignia. Mr. Speaker, I and sale of electricity or natural gas) from the monies for many community functions. One would like to take this opportunity to recognize interest allocation rules of Internal Revenue prominent businessman described, ``The guy Mr. Carlton A. Funn, Sr., a distinguished Code section 864. The proposal would allo- was into giving back to the community. That teacher and contributor to the preservation of cate and apportion interest expense attrib- was his ethic. He wasn't afraid to put his time Africa-American history in Virginia and utable to qualified infrastructure solely to and effort into helping people.'' throughout the nation. sources within the United States. ``Qualified in- Feted as both a business and community Mr. Funn's life's work and passion began in frastructure indebtedness'' would be defined leader, nonetheless family was first and fore- 1947 as a seventh grade student at Lyles- as debt incurred in a corporation's trade or most to Tom Hart. To his wife, Kathleen, his Crouch School in Alexandria, Virginia. Read- business of furnishing or selling electricity or children Sheila, Mary Lynn, Michael, and Tim- ing his Virginia history textbook, he noted the natural gas in the United States. Further, the othy, and nine grandchildren, he leaves a leg- absence of any reference to the contributions rates for such furnishing or sale of electrical acy of love and commitment. May their memo- and achievements of African-Americans in Vir- energy must be regulated or set by the federal ries of this strong, self-willed, self-made man, ginia history. Upon his return to Lyles-Crouch government, a State, the District of Columbia devoted husband, father, and grandfather, School ten years later as a seventh grade or a political subdivision thereof. shine through to sustain them. teacher, Mr. Funn was dismayed to find that I am also aware that my colleagues on the f the same textbook was still being used. Moti- Committee on Ways and Means, Congress- vated by this discovery, Mr. Funn began to men HOUGHTON and LEVIN, together with Sen- STATEMENT REGARDING THE CRE- collect memorabilia and artifacts that reflected ators HATCH and BAUCUS, have been leading ATION OF A PUBLIC HEALTH African-Americans' contributions to Virginia a multi-year effort to reform the international PESTICIDE REGISTRATION PRO- and the United States. tax laws. I am a strong supporter of that effort, GRAM What started as a small collection has which is intended in part to rectify the dis- grown into a large exhibit highlighting the con- connect between our nation's favorable trade HON. PETER J. VISCLOSKY tributions to our national history of African- laws and our tax laws, which too often penal- OF INDIANA Americans, and other minority groups. Mr. ize American firms wanting to expand into for- IN THE HOUSE OF REPRESENTATIVES Funn's exhibit has been shown in eleven dif- ferent states on more than 380 occasions. eign markets. The problem of interest alloca- Tuesday, October 20, 1998 tion has not yet been addressed in the Hough- This display is truly an inspiration to young ton-Leven legislation, but I strongly urge that Mr. VISCLOSKY. Mr. Speaker, the commit- people and adults alike. this provision be included in any foreign tax tee report which accompanies the Labor, Mr. Funn has served our region as an edu- reform bill introduced in the next Congress. HHS, Education appropriations bill, as ap- cator for more than 42 years, first as a teacher Further, because the process of getting legis- proved by the Appropriations Committee, en- in the Alexandria School system, then in Fair- lation enacted into law properly involves con- courages the National Institute for Environ- fax County, and currently with the D.C. Public sultation with Treasury, the affected industry, mental Health Science (NIEHS) to cooperate Schools. He was recently honored as the Mid- and the bar, we encourage those with subject with the Environmental Protection Agency Atlantic Region recipient of the 1998 Excel- matter expertise in this area to review our bill. (EPA) to support provisions in the Federal In- lence in Teaching Award presented by the Na- I believe my bill reflects the best thinking now secticide, Fungicide and Rodenticide Act tional Council of Negro Women, Inc. This very available on how to address this serious prob- (FIFRA), as amended, relating to the registra- competitive award honors teachers who instill lem, but we are certain that further reflection tion and re-registration of public health pes- a thirst for knowledge in African-American chil- will yield an even better ??? for U.S. utilities ticides. dren. attempting to invest overseas. In 1996, FIFRA was amended by a set of Mr. Speaker, I am grateful for the contribu- f reforms which were enacted in the Food Qual- tion that Mr. Funn has made to the education ity Protection Act (P.L. 104±170). This legisla- of children in my district, and children through- TRIBUTE TO TOM HART tion authorized $12 million per year for the out the nation. Thanks to the work of Mr. creation of a public health pesticide data col- Funn, students in communities all over the na- HON. MARCY KAPTUR lection program within the department of tion have been able to appreciate the contribu- OF OHIO Health and Human Services (HHS). Many tions that African-Americans and other minori- IN THE HOUSE OF REPRESENTATIVES pesticides are specialized products with a low- ties have made to American history. volume sales markets. for many of these prod- f Tuesday, October 20, 1998 ucts, the cost of generating the data nec- Ms. KAPTUR. Mr. Speaker, I rise today to essary to maintain registrations far exceeds OPERATION: EASTERN STAR pay tribute to a legendary leader of my com- return on sale. Consequently, many EPA reg- munity. Tom Hart of Toledo, Ohio, died on the istered pesticides are cancelled for economic HON. SILVESTRE REYES morning of August 25, 1998 at the age of 62 reasons. OF TEXAS after waging a battle of courage and grace The EPA Administrator, in consultation with IN THE HOUSE OF REPRESENTATIVES against cancer. the Secretary of HHS should promote re- A veteran, Tom was born and raised in To- search on products used in combating and Tuesday, October 20, 1998 ledo, graduating from Central Catholic High eradicating urban pests, including rats, mice, Mr. REYES. Mr. Speaker, as a former em- School and the University of Toledo, and es- cockroaches, flies mosquitos, ticks, and fleas. ployee of the Immigration and Naturalization tablishing a successful marketing and public These pests pose a serious health risk to Service (INS), I am proud to rise today to relations firm in his hometown. As his busi- the general population in densely populated honor the outstanding performance of the El ness grew, he earned a solid reputation for his cities and suburbs. Vulnerable sub-populations Paso INS Investigations Team and their inves- marketing expertise, his connection to the such as children, the elderly, and individuals tigation, Operation: Eastern Star, which dis- community, and his creativity. Tom Hart was, with compromised immune systems are par- mantled a global smuggling network. The El CONGRESSIONAL RECORD — Extensions of Remarks E2271 Paso INS Investigations Team, headed up by cated network within one year. Tajirian's arrest I am pleased that the distinguished ranking Assistant District Director Roberto S. Saenz, is led to other arrests to include three members Democratic member of our Committee, the receiving the INS Commissioner's Meritorious of the Palestine Liberation Organization (PLO) gentleman from Indiana, Mr. HAMILTON, and Service Award on October 26, 1998 at the and a citizen of Yemen who is wanted for the gentleman from California, Mr. LANTOS, Commissioner's Conference in Denver, Colo- genocide in his home country. also a member of our Committee, have joined rado. I would also like to recognize the out- We all owe these agents a word of thanks me in co-sponsoring this resolution. standing leadership of District Director Luis and our deepest gratitude for a job well done. We must, of course, continue to fully en- Garcia and the superb job he has done in El All too often, we only hear about the job of our gage Peru in our important bilateral relation- Paso. law enforcement community when something ship, particularly in our shared fight against In addition to Assistant District Director goes terribly wrong. I am glad to stand here drugs and terrorism. Peru's efforts in these Saenz, the following members of the El Paso today and celebrate a job well done by the El areas deserve our recognition and strong sup- team deserve special recognition: Special Paso INS Investigations Team. port. However, despite these very positive as- Agent Jeffrey Roberts; Special Agent Hector f pects in our relationship, the United States Valencia; Supervisory Deportation Officer should not be expected to turn a blind eye to Qasem M. Al-Ali; Immigration Inspector EXPRESSING CONCERN OVER IN- interference with freedom of the press and the Ahmed Adil Abdallat; and Supervisory Special TERFERENCE WITH FREEDOM OF independence of judicial and electoral institu- Agent Clyde McKenzie. This team brought THE PRESS AND THE INDEPEND- tions in Peru. down a smuggling ring responsible for bringing ENCE OF JUDICIAL AND ELEC- I realize that this resolution is being intro- hundreds of illegal aliens from nations that are TORAL INSTITUTIONS IN PERU duced on the last day of this session. How- state sponsors of international terrorism and ever, I believe it is important to bring this reso- each of these men should be applauded. HON. BENJAMIN A. GILMAN lution to the attention of our colleagues and to It is difficult to account for all of the accom- OF NEW YORK the attention of Peru's authorities. plishments of Operation: Eastern Star. How- IN THE HOUSE OF REPRESENTATIVES H. RES. 609 ever, on every level it was a tremendous suc- Tuesday, October 20, 1998 Whereas the independence of Peru’s legis- cess. I believe the manner in which this oper- lative and judicial branches have been ation was planned and executed speaks vol- Mr. GILMAN. Mr. Speaker, I am introducing brought into question by the May 29, 1997, umes about the professionalism and dedica- this resolution to express concern over inter- dismissal of 3 Constitutional Tribunal mag- tion of the agents involved. Primarily, as a re- ference with freedom of the press and the istrates; sult of this investigation, the El Paso District independence of judicial and electoral institu- Whereas actions related to efforts to au- Office for Investigations focused attention not tions in Peru. thorize President Alberto Fujimori to seek a third term in office have raised questions only on the existence and magnitude of Middle I have been one of Peru's strongest sup- about the independence of the National Eastern smuggling organizations, but also on porters in Congress. There is no question that Council of Magistrates and the National their potential threat to the national security of Peru has made it back from the brink of the Election Board in Peru; our nation. In light of growing tensions and ac- abyss. No one should forget that not so many Whereas the Department of State’s Peru tivities in the Middle East, Operation: Eastern year ago, Peru was a terrorized nation. Country Report on Human Rights Practices Star brought attention to the INS's ability to Peru has also become a good partner in the for 1997, dated January 30, 1998, found that participate in international operations aimed at war against drugs. Now that coca prices in ‘‘[i]ncidents of harassment of media rep- Peru have dropped to historically low levels, resentatives increased to such an extent as protecting the United States from foreign to create the perception of an organized cam- threats. there is a real chance to help farmers grow le- paign of intimidation on the part of the Gov- As a result of this investigation, Operation: gitimate crops. I have been pleased to encour- ernment, specifically, on the part of the Eastern Star was able to establish excellent li- age our European allies to join us in seizing armed forces and intelligence services’’; aison on a District level with federal agencies this opportunity to promote meaningful alter- Whereas the Department of State’s Peru focused on National Security issues. Oper- native development in Peru. Country Report on Human Rights Practices ation: Eastern Star was called upon by several During my visit to Peru this past spring, I for 1997 states that Channel 2 television sta- United States federal agencies, as well as the made it clear that President Alberto Fujimori tion reporters in Peru ‘‘revealed torture by Army Intelligence Service officers; the sys- Royal Canadian Mounted Police, for its exper- deserves much credit for these accomplish- tematic wiretapping of journalists, govern- tise and ability to communicate with the na- ments. ment officials, and opposition politicians; tionalities involved. El Paso District agents Nonetheless, I feel it is important for the and the income tax return of Vladimiro continue to be utilized by these agencies, as Congress to speak up at this time. I am in- Montesinos, President Fujimori’s senior in- well as other INS Districts and Sectors, in an creasingly concerned by signs that the inde- telligence adviser’’; effort to further enhance cooperative law en- pendence of Peru's legislative, judicial and Whereas on July 13, 1997, Peruvian immi- forcement efforts worldwide. This effort was electoral branches is being compromised. gration authorities revoked the Peruvian Moreover, the continuing actions taken by citizenship of the Israeli-born owner of the responsible in part for the identification of over Channel 2 television station, Baruch Ivcher; fifteen major smugglers trafficking in Middle the government of Peru against Baruch Ivcher, Whereas Baruch Ivcher subsequently lost Eastern nationalists from their home countries the Israeli-born owner of television station control of Channel 2 under an interpretation through Asia, and Central and South America. Channel 2, have become emblematic of gov- of a law that provides that a foreigner may The ultimate goal of Operation: Eastern ernment interference with freedom of expres- not own a media organization, leading the Star, however, was accomplished through its sion in Peru. It is chilling that these acts of State Department’s Report on Human Rights successful dismantling of a Global Alien blatant intimidation were precipitated by Chan- Practices to conclude that ‘‘the Govern- Smuggling Organization, preventing its mem- nel 2's exposes of abusesÐincluding alleged ment’s action in this case was widely inter- preted as an attempt to prevent the station bers from further activity. Perhaps the most torture and murderÐby Peru's intelligence from broadcasting any more negative stories fulfilling achievement was the successful ap- service. about the regime’’; prehension and prosecution of renowned alien This resolution resolves that the erosion of Whereas the Peruvian Government smuggler Geroge Tajirian, who has eluded the independence of judicial and electoral empaneled a special court to prosecute Ba- United States authorities for over twenty branches of Peru's government and the bla- ruch Ivcher for alleged tax offenses employ- years. He was sentenced to a mandatory thir- tant intimidation of journalists in Peru are mat- ing judicial procedures described by Peru- teen years in federal prison, thus ending his ters for concern by the United States. It would vian legal experts as completely irregular estimated earnings of more than $3 million and as constituting political interference in be very unfortunate if these trends were to un- the independence of the judiciary; and each year. Compare this staggering amount to dermine Peru's hard won stability and Whereas the Peruvian Government has the less than $95,000 cost to the U.S. tax- progress. issued an INTERPOL warrant for Baruch payers for this operation. The small team of This resolution also calls for an independent Ivcher’s arrest and has initiated investiga- highly trained El Paso INS Special Agents investigation and report on threats to press tions aimed at prosecuting members of Ba- managed to arrest Tajirian in Panama with the freedom and judicial independence in Peru by ruch Ivcher’s immediate family: Now, there- invaluable assistance of the State Department the Inter-American Commission on Human fore, be it Resolved, That it is the sense of the House and the Department of Justice Office of Inter- Rights of the Organization of American States. of Representatives that— national Affairs. The team of agents used their I believe that it is most appropriate for the (1) the erosion of the independence of judi- investigative experience and fluency in mul- Inter-American community to look into these cial and electoral branches of the Govern- tiple languages to infiltrate this highly sophisti- matters. ment of Peru and the blatant intimidation of E2272 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 journalists in Peru are matters for concern violence and sexual crimesÐand to the mem- act so Congress does not have to. Thus far, by the United States; and ory of Mary Byron. the Pentagon has sent a message to tell our (2) the United States should seek an inde- f military personnel and civilian employees that pendent investigation and report on threats to press freedom and judicial independence the lies of foreigners are worth more than OPERATION PROVIDE COMFORT theirs. That is wrong and must be corrected. in Peru by the Inter-American Commission OVER IRAQ on Human Rights of the Organization of f American States. MISSILE THREAT f HON. JOHN CONYERS, JR. OF MICHIGAN DOMESTIC VIOLENCE VICTIM IN THE HOUSE OF REPRESENTATIVES HON. JOHN P. MURTHA NOTIFICATION SYSTEM ACT Tuesday, October 20, 1998 OF PENNSYLVANIA HON. SCOTTY BAESLER Mr. CONYERS. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES express my support for legislation in the 106th Tuesday, October 20, 1998 OF KENTUCKY Congress to compensate the families of the IN THE HOUSE OF REPRESENTATIVES Mr. MURTHA. Mr. Speaker, the following is Americans who were killed on April 14, 1994 Tuesday, October 20, 1998 an excellent analysis of the world's missile while serving in Operation Provide Comfort threat presented by Mr. Robert Walpole to the Mr. BAESLER. Mr. Speaker, I am proud to over Iraq. This is an important issue and Carnegie Endowment for International Peace. introduce the Victims Notification or ``VINE'' should be a priority in the next Congress. Act to amend the Violence Against Women On April 14, 1994, 15 Americans, 14 military SPEECH AT THE CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE Act. This Act builds on the success of the Vio- personnel and 1 civilian, and 11 foreign na- lence Against Women Act, the 1994 Crime bill tionals, were killed when their Army Black (By Robert D. Walpole, National Intelligence Officer for Strategic and Nuclear Programs) and provisions I authored to prevent rural do- Hawk helicopters, were shot out of the sky by mestic violence, and the establishment of the two Air Force F±15's. According to the Gen- Good morning. I welcome the opportunity eral Accounting Office, this horrible tragedy re- to be here today to talk about the ballistic first statewide VINE system in my home state missile threat to the United States. Assess- of Kentucky. sulted from over 130 separate mistakes by the ing and defining that threat to our homeland Kentucky Governor Paul Patton's Office of Air Force and the Army. After this incident, the and interests worldwide is one of the most Child Abuse and Domestic Violence Services Department of Defense made $100,000 pay- important intelligence missions in the post- launched the first statewide VINE system in ments to the families of the foreign nationals Cold War world. And I must tell you that we the nation in 1997. Since its inception, the in addition to the other death benefits they re- consider foreign assistance to be fundamen- statewide victim notification system has reg- ceived from their own countries. Unfortunately, tal to the threat, not merely an incidental istered almost 4,300 victims and others who the Pentagon was not willing to give the same aspect of the problem. Finally, the threat is treatment to the American families. real, serious, growing, and dynamic. For ex- wished to be registered, and has made over ample, since our annual report six months 1,000 notifications upon the release of an in- Mr. Speaker, the Pentagon was wrong not ago, the Ghauri, Shahab 3, and Taepo Dong 1 mate. In January of 1998, the juvenile deten- to give our own personnel the same treatment missiles/launch vehicles have all been tested. tion facilities were also brought on line with that they gave the survivors of the foreign na- For these reasons, we are mandated by Con- the VINE system. tionals. The Immigration and Claims Sub- gress to report on our assessments of this Drawing on the proven success of the VINE committee held a hearing on this issue on threat annually. system and the National Domestic Violence June 18, 1998 and heard from both Govern- At the outset, let me emphasize how appre- Hotline, the new National VINE system estab- ment witnesses and the families. At that hear- ciative we are of the Commission’s work. I lished by this legislation would constitute an ing, the Pentagon was unable to provide a particularly like the fact that they received approval to publish a relatively detailed un- integrated computer and phone system where- credible answer for why they did not give the classified report on the threat. As you have by victims of domestic and sexual crimes Americans the same treatment as the foreign undoubtedly heard, we gave the Commission would receive notification of vital information nationals. The Pentagon first could not answer access to all the available intelligence infor- concerning their assailants, such as release whether they had the authority to make the mation, regardless of classification. The from prison, probation hearings, etc. Like the payments to the Americans. Later, the Penta- Commission made a number of excellent rec- National Crime Information Center and the gon acknowledged that they had the authority ommendations for how we can improve our computer systems for child support enforce- to act but simply were unwilling to. collection and analysis on foreign missile de- ment and child care background checks, VINE At that hearing, the Subcommittee members velopments. Indeed, their report reinforces the DCI’s call for a stronger investment in would enlist state-of-the-art technology as a heard the stories of the American families and analysis and more aggressive use of outside weapon in the war against domestic violence the pain they suffered. This hits particularly expertise. Incorporating the Commission’s and sex crimes. close to home for me because Anthony Bass, ideas will strengthen our own work in this The legislation does this by establishing a one of the personnel killed, was the son of my area. private, non-profit entity to establish and run a cousin and I know the great suffering his fam- We and the Commission agree that the VINE system with a Justice Department grant. ily has endured. The Basses and all of the missile threat confronts the Community The VINE system will provide information con- families, put their sons and daughters, and with an array of complicated problems that cerning domestic violence and sex crime con- husbands and wives, in the care of our armed require innovative solutions. At the same time, the Commission challenges some of our victs' correctional and legal status to sex crime forces, but they were let down when the for- conclusions and assumptions, particularly and domestic abuse victims, as well as infor- eign nationals were treated better than their those in our 1995 National Intelligence Esti- mation concerning legal recourse and re- loved ones. mate—Emerging Missile Threats to North sources available to victims. Finally, the legis- Mr. Speaker, I would particularly like to America During the Next 15 Years (NIE 95– lation outlines logistical requirements for the commend the leadership of Mr. WATT, the 19). Our March 1998 Annual Report to Con- VINE system, including creation of a 24 hour Ranking Member and Mr. SMITH, the Chair- gress on Foreign Missile Developments was toll free hotline and automated system that man of the Immigration and Claims Sub- prepared in response to a request by Con- would proactively call to contact victims. committee, who have worked in a bipartisan gress for a yearly update of that assessment. Under the DCI’s direction, the 1998 report Mr. Speaker, the VINE system was origi- fashion to make the Pentagon do the right responded to legitimate criticisms levied at nally created in Jefferson County, Kentucky, thing. There were a number of bills introduced our earlier work. It also incorporated the as a county-wide notification system for vic- during the 105th Congress, including Con- recommendations of outside experts who re- tims after the 1993 murder of Mary Byron. Ms. gressman WATT's bill, H.R. 3022, to correct viewed the 1995 NIE. As a result, the 1998 re- Byron was killed by her ex-boyfriend after he this tragic inequity and fairly compensate the port already addresses many of the Commis- was released from the Jefferson County cor- families. Unfortunately, the Subcommittee did sion’s concerns, especially those regarding rectional system without her knowledge. She not have time this year to consider this impor- how we discuss foreign assistance, alter- was shot seven times by Donovan Harris as tant issue because of the many other issues natives to increasing a missile’s range, and approaches to circumvent development. she left work on that day, her 21st birthday. before the Committee. Work is already underway on the 1999 report, Mr. Harris had been incarcerated for the rape I look forward to the 106th Congress when and we are looking differently at how we and kidnapping of Ms. Byron less than a we will pass legislation if the Pentagon contin- characterize uncertainties, alternative sce- month before. Congress should enact this leg- ues to refuse to correct this injustice. Let me narios, and warnings as a result of our inter- islation on behalf of all the victims of domestic say, though, I hope the Pentagon chooses to action with the Commission the past several CONGRESSIONAL RECORD — Extensions of Remarks E2273 months and I expect successive reports to be threat is increasing. More countries are ac- or from freighters could pose a new threat to better, addressing additional questions as quiring ballistic missiles with ranges up to the United States in the near term—well be- they are asked. 1,000 km, and more importantly, with ranges fore 2010. This morning, I will outline our March 1998 between 1,000 km and 3,000 km. As Iran’s Our 1998 report assesses that our abilities report; discuss areas where the substantive flight test of its Shahab 3 medium-range bal- to warn about the above-mentioned threats conclusions of the Commission’s report and listic missile (MRBM) demonstrates, this is and postulated concerns vary: our thinking agree and differ; and discuss not a hypothetical threat. It is a reality that We could provide five years warning before what we are doing differently for our 1999 re- has to be dealt with now. With a range of deployment that a potentially hostile coun- port. about 1,300 km, the Shahab 3 significantly try was trying to develop and deploy an ICBM capable of hitting the United States, OUR 1998 REPORT alters the military equation in the Middle East by giving Tehran the capability to unless that country purchased an ICBM or Secretary Rumsfeld has expressed concern strike targets in Israel, Saudi Arabia, and space launch vehicle (SLV), including having that people not judge the Commission’s re- most of Turkey. The Pakistani Ghauri, also another country develop the system for port before they read it. While I share that tested this year, allows targeting of Saudi them); had an indigenous space launch vehi- concern regarding our 1998 annual report— Arabia, Kuwait, and the Gulf. cle (SLV); or purchased a turnkey produc- which gives a full appreciation for our views Foreign assistance is fundamental to the tion facility. and concerns about this growing threat—it growing theater missile threat. As we de- We could not count on providing much remains classified, and therefore cannot be scribe in the 1998 report, for example, Iran warning of either the sale of an ICBM or the released to the public. But, I can give you a received important foreign assistance in de- sale and conversion of a SLV (conversion feel for what the report says. veloping its Shahab 3 MRBM. Moreover, could occur in as little as two years). Never- In our report, we underscore the signifi- countries are seeking the capability to build theless, if a hostile country acquired an cant role foreign assistance has played and these missiles independently of foreign sup- SLV, we would warn that the country had an continues to play—indeed throughout the re- pliers. The growth in the sharing of tech- inherent ICBM capability. I note, however, port are several major discussions of tech- nology among the aspiring missile powers is that both the United States and the Soviet nology transfer. For example, the report be- also of concern. Union used systems we did not consider as gins with several pages discussing the extent While we project that Russia’s strategic ICBMs to place their first satellites into of foreign assistance from numerous suppli- forces will shrink, they continue to be mod- orbit. The satellite we orbited weighed only ers to even more recipients. It also notes ernized and will remain formidable. China 14 kg. how foreign assistance has helped specific has about 20 CSS–4 ICBMS, in addition to These two warnings need to be understood missile programs, such as assistance with shorter-range missiles. Most of these are tar- in tandem. Unfortunately, the warning relat- Iran’s Shahab 3 missile. geted against the United States, and mod- ed to sales may dominate in the near term. Our report also underlines the immediate ernization efforts will likely increase the As North Korea proceeds with its Taepo threat posed by medium-range missiles, our number of Chinese warheads aimed at the Dong developments, we need to assume that continuing concern about existing and United States. they will follow their current path and mar- emerging ICBMs, and the increasing danger Our report further noted that we judge ket them; at a minimum, aspiring recipients that comes from the proliferation activities that an unauthorized or accidental launch of will try to buy them. of countries that possess or are developing a Russian or Chinese strategic missile is We probably would obtain indications of such systems. We and the Commission have highly unlikely, as long as current security the construction of a turnkey facility before some different views on some of our procedures and systems are in place. Russia it was completed, providing several years’ timelines for ICBM development, using the employs an extensive array of technical and warning. available evidence, group debate, and outside procedural safeguards and China keeps its If a country had an SLV, it could probably expert review. Nevertheless, where evidence missiles unfueled and without warheads convert it into an ICBM in a few years, sig- is limited and the stakes are high, we need mated. nificantly reducing warning time. to keep challenging our assumptions—a role Among those countries seeking longer- Adapting missiles for launch from a com- we will perform on this issue at least annu- range missiles, we believe North Korea is the mercial ship could be accomplished covertly, ally. most advanced. Its Taepo Dong–2 (TD–2), and probably with little or no warning. Let me make three points on our meth- which we judged will have a range between Finally, our report noted that nonmissile odology. 4,000 and 6,000 km, could reach mainland delivery of weapons of mass destruction— First, we do not expect countries to follow Alaska and the Hawaiian Islands. Our report chemical, biological, nuclear and radiologi- any specific pattern for missile development. noted that North Korea could flight test the cal weapons—pose a serious, immediate In fact, the United States, the former Soviet missile this year and that it could be de- threat to US interests at home and abroad. Union, and China all took different ap- ployed in a few years. Beyond the North Ko- WHERE WE AGREE proaches. We frequently caution ourselves rean TD–2, we judge it unlikely, despite the Now I’ll go over some of the points of against any mirror-imaging. Just because extensive transfer of theater missile tech- agreement between our 1998 report and the the United States, Russia, or China was able nology, that other countries (except Russia Commission’s work. We agree that: to accomplish certain feats certain ways in a and China as just mentioned) will develop, The threat is real and growing. The me- specific period of time—short or long—does produce, and deploy an ICBM capable of dium-range ballistic missile threat to US in- not mean another country will. reaching any part of the United States over terests in the world is already upon us. Mis- Second, we recognize that foreign coun- the next decade. sile forces of Russia and China pose a signifi- tries can hide many activities from us. These Of course, the key word here is develop. As cant threat to the United States and this countries are generally increasing their se- the report noted, the purchase of a missile, threat will continue to exist for the foresee- curity measures and are learning from each either complete or as components of a kit, is able future. Our reports also agree on North other and from open reporting of our capa- a different matter. In fact, we identified sev- Korea’s capabilities. bilities. eral alternative scenarios for a country to Foreign assistance and the proliferation of Third, our methodologies really are not acquire an ICBM capable of reaching the ballistic missile technology is the fundamen- that different. Given the fact that in many United States sooner than 2010. These in- tal reason for the growing ballistic missile cases we have limited data, we are both clude buying an ICBM or SLV to convert threat. forced somewhat to use both input and out- into an ICBM, or buying a complete produc- Foreign denial and deception efforts and put methodologies to evaluate the threat. tion facility for either. We judge that the resource constraints are making it more dif- The biggest difference in methodology is current policies of Russia and China make ficult for us to monitor foreign missile devel- that the Intelligence Community must at- these scenarios unlikely, given potential po- opments. tach likelihood judgments to our projec- litical repercussions, the creation of a self- Finally, there are plausible scenarios that tions; the Commission did not. Thus, we inflicted threat, and China’s own military could result in an increased missile threat to project our most likely scenarios and then needs. Our report points out that we cannot the United States for which there would be include other scenarios with likelihood judg- be certain that this will remain true over the little or no warning. ments attached. The Commission illustrated long term. Indeed, the further into the fu- WHERE WE DISAGREE several possible scenarios, which we agree ture we project the politico-economic envi- I will now walk through some of the areas are possible, but did not attach likelihood ronment, the less certain we would be that of disagreement between the Commission judgments. But let me repeat, we agree that the ‘value’ of the sale would not outweigh and our 1998 report. The Commission’s report their scenarios are possible, as are many these factors in foreign thinking. And, as indicates that intelligence analysts are too other scenarios we have looked at, including North Korea develops its Taepo Dong mis- dependent on evidence and seem unable to outright sales. siles, their sales become an increasing con- make judgments without it. In actuality, de- Let me now summarize the body of our 1998 cern. spite the lack of evidence in some areas, our report, which focused on threat projections A number of countries have the techno- analysts make judgments and projection. I through 2010: logical wherewithal to develop the capability highlight that to allay concerns that we Theater-range missiles already in hostile to launch ballistic (or cruise) missiles from a would consider ‘the absence of evidence’ to hands pose an immediate threat to U.S. in- forward-based platform, such as a surface be ‘the evidence of absence.’ Quite the con- terests, military forces, and allies. The ship. Forward-basing from dedicated vessels trary, our analysts routinely face gaps in E2274 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 their evidence and must make analytical feed into the 1999 report, as a generic look at Although the launch of the Taepo Dong 1 judgments to project plausible scenarios. We some alternative approaches. as a missile was expected for some time, its need to do better. Working with limited evi- Finally, drafting is underway on a paper use as a space launch vehicle with a third dence and make judgments is central to our that examines how countries could push stage was not. job, as long as we underscore where we have Scud technology beyond perceived limits. The existence of the third stage concerns little or no evidence. They did so in the case Scientists and non-scientists are involved. us; we had not anticipated it. of the critical threats some missiles pose. In Sometimes, those already outside the box We need to conduct more analysis on it, fact, we note that successful missile tests can think so more readily. trying to identify more about it, including would give countries an emergency, launch We also intend in the 1999 report—after dis- its capabilities and why it failed. capability with any missiles in their inven- cussing our projected timelines for likely The first and second stages performed to tory, even without evidence of deployment. missile developments and deployments, as North Korean expectations, providing what As I indicated earlier, we are in basic well as our concerns for ICBM sales—to pos- could amount to a successful flight test of agreement with the Commission on North tulate and evaluate many alternative sce- the two-stage Taepo Dong 1 medium-range Korea. While they did not indicate so, I as- narios, including those developed during the missile. sume they do not disagree with our judg- Commission’s efforts and those mentioned However, we believe North Korea would ments that North Korea was capable of test- above. Finally, we will be much more ex- need to resolve some important technical ing both the Taepo Dong 1 and 2 this year. plicit in our discussions about warning. All issues—including the problems with the The Commission considers Iraq to be be- these evaluations will be made through the third stage—prior to being able to use the hind North Korea and Iran relative to ballis- lens of potential denial and deception ef- three-stage configuration as a ballistic mis- tic missile technology. We view Iraq as fur- forts, to ensure that as our task gets more sile to deliver small payloads to ICBM ther along in some ways. Iraq was ahead of difficult, we provide our policymakers with a ranges; that is, ranges in excess of 5,500 km. Iran before the Gulf war. They have not lost clear representation of what we know, what The Intelligence Community is continuing the technological expertise and creativity. If we don’t know, what we can’t know, and fi- to assess the North Korean capabilities dem- sanctions were lifted and they tried to de- nally what we judge based on evidence, the onstrated by this launch and the treat impli- velop indigenously a 9,000 km range ICBM to lack thereof, and expertise from inside and cations of the missile. be able to reach the United States, it would outside the government. In particular, the Community is assessing take them several years. If they purchased COMMUNITY ENHANCEMENT how small a payload would have to be for an ICBM from North Korea or elsewhere, it In recent months we have undertaken nu- this system to fly to something on the order would be quicker, depending on the range merous steps that will enhance the Commu- of an ICBM range. and payload capability of the missile. If the nity’s abilities to tackle the increasingly dif- We need to look at the implications of missile already had the range capability, fur- ficult tasks we face, including addressing the lighter payloads and possibly a third stage ther development would be moot. emerging missile threat. For example, we for the Taepo Dong 2. The Commission considers Iran to be as far have increased ‘‘red teaming’’ efforts to en- We also need to ensure that we continue along in its technological development ef- sure that we question our assumptions and aggressive collection and analysis efforts forts as North Korea. In our view, that is not examine out-of-the-box possibilities. Fur- against proliferation and foreign transfers, the case. The recently tested Iranian Shahab thermore, last year the DCI strengthened the and their effects on advancing missile pro- 3 is based on the No Dong and followed North Nonproliferation Center to ensure that we grams. Korea’s test, even with foreign assistance, by have an aggressive, well-coordinated effort And we need to be much more explicit in several years. Iran will likely continue to to address the nonproliferation target. At our warnings about missile developments— seek longer range missiles, and would need DCI direction we are taking actions to en- not just indicating that a country has an to develop a 10,000 km range ICBM to be able sure that we have the analysts and skills ICBM program and that it could flight test to reach the United States. If they follow a needed to cover those issues of greatest im- an ICBM in a given year, both of which are pattern similar to the Shahab 3 time frame, portance. These include: increasing the size important messages. We need to include it would take them many years. On the other of the analytic cadre; creation of the Com- clearer language and more details about how hand, if they purchased an ICBM from North munity executive boards to leverage the best we might and might not be able to warn Korea or elsewhere, it would be quicker, and experts on critical issues to drive collection about specific milestones in an ICBM devel- depending on the range and payload capabil- and analysis against the most significant in- opment effort, judgments that will likely ity of the missile, further development telligence needs and gaps; introducing new vary by country. might be a moot point. training methodologies, technologies and f The Commission indicates that our ability analytic tools, and improving the mix of to warn is eroding and that we may not be skills to address our most pressing problems; KIDSPEACE able to provide warning at all. I’ve covered creating mechanisms to increase cooperation our views on warning earlier, and I fear fur- and better integrate the efforts of all ana- HON. PAUL McHALE ther detail would only help proliferators lytic production centers. OF PENNSYLVANIA more. They’re already learning how to hide CONCLUSION some aspects of missile programs, I’d rather IN THE HOUSE OF REPRESENTATIVES This is a serious and complex issue, one of they not learn more. I will say this, however. many others that we’re working. The Intel- Tuesday, October 20, 1998 We need to be much more explicit in our ligence Community uses many vehicles, in- warnings about missile developments—not Mr. MCHALE. Mr. Speaker, I insert into the cluding estimates and annual reports, to just indicating that a country has an ICBM convey our analyses to policy makers and CONGRESSIONAL RECORD the following poem program and that it could flight test an Congress. We will continue to do so. written by the talented young actress, Kristin ICBM this year, both of which are important TAEPO DONG 1 LAUNCH Dunst. Ms. Dunst recited this poem at a press messages. We need to include clearer lan- conference in Washington sponsored by guage and more details about how we might Before I close, let me make a few com- and might not be able to warn about specific ments about the Taepo Dong 1 satellite KidsPeace, the National Center for Kids Over- milestones in an ICBM development effort, launch attempt. While the system’s third coming Crisis, on September 23. The event judgments that will likely vary by country. stage failed, the launch confirmed our con- sought to highlight the results of a national cerns regarding North Korea’s efforts to pur- 1999 REPORT survey by KidsPeace of early teens and to sue an ICBM capability and demonstrated We are already working on the 1999 annual identify new ways to strengthen America's some unanticipated developments. youth and families. report and are planning to include signifi- We have been following North Korea’s cant additional outside expertise and red ICBM progress since the early 1990s, most no- It is in the idleness of our dreams that we teaming into next year’s report: tably, their efforts to develop what we call will find the city of angels lies deep with- Private-sector contractors will be asked to the Taepo Dong 1 medium-range missile and in our minds. postulate missile threats that apply varying the Taepo Dong 2 ICBM, which we assessed There is no loneliness or fear but if you feel degrees of increased foreign assistance. were two-stage missiles. it, know they’re near. These will be in addition to the Commis- This recent launch used the Taepo Dong 1 In this world of so much hate, there could be sion’s postulations and some of our own. and a third stage. They tested some impor- a twist of fate. We are also asking academia to postulate tant aspects of ICBM development and flight Just think about the angels, they will find future politico-economic environments that roughly on the timetable we expected. And, your lost soul mate. foster missile sales and ever increasing for- for example, they were successful at mul- In this tranquil world behind my eyes, your eign assistance. tiple stage separation. dreams won’t turn to wasted lies. In addition, the Intelligence Community As we have analyzed the information that No judging face or different race in this tiny recently published a classified paper that has come in so far, we have been able to de- place behind my eyes. postulates ways a country could dem- termine much of what happened. You can always tell who has wings, because onstrate an ICBM capability with an SLV, Indeed, this is a work in progress, and as their soul and mind will sing, and examines various ways it could convert we continue to receive information, it will And the ones who are opposed, you will know its SLVs into ICBMs. This work will also give us a more detailed picture. their wings are closed. CONGRESSIONAL RECORD — Extensions of Remarks E2275 HONORING YWCA OF YONKERS million couplesÐwere subjected to the penalty social disintegration, violence and human WEEK WITHOUT VIOLENCE in 1996. Per couple, they paid approximately misery; and $1,400 more in taxes due solely to the fact Whereas, urban poverty is already as high as 60 percent in some metropolitan areas, HON. ELIOT L. ENGEL they were married. This is clearly wrong. more than one-third of the urban population OF NEW YORK I support a number of approaches to solve has substandard housing, and 40 percent lack IN THE HOUSE OF REPRESENTATIVES this problem. The first is the 1999 federal access to safe drinking water of adequate budget recently passed by the House. As an sanitation; and Tuesday, October 20, 1998 alternative to the $128 billion in new taxes and Whereas, in all regions of the world—north Mr. ENGEL. Mr. Speaker, today I rise to pay spending in the President's proposed budget, and south, rich and poor—rabid urbanization tribute to a laudable program of the YWCA of House Republicans crafted a plan that will de- has spawned a number of common problems crease government growth by 1 percent. The including unemployment, a shortage of ade- Yonkers in which a week-long series of events quate housing, traffic congestion, declining will highlight the struggle against violence. savings are set aside to eliminate the mar- infrastructure, and lack of funds to provide This is the fourth year in a row in which the riage penalty. I supported this reasonable ap- for basic services; and `Y' is sponsoring a ``Week Without Violence'' proach, and voted for the measure when it Whereas, urban crises, stemming from high program to inspire people to consider alter- passed the House by a vote of 216±204 on population density and activity is expected natives to violence by demonstrating that peo- June 5, 1998. to be among the major challenges of the 21st ple from all communities can live together Another approach is a bill I cosponsored, century, without violence in their homes, schools and H.R. 3734, which will change the tax code to Now therefor, I Don Sundquist, Governor of the State of Tennessee, do hearby pro- neighborhoods. assure the rates of taxation for married and claim the week of October 24–31, 1998, as From October 18 through October 24 the `Y' single people are equitable. I strongly support World Population Awareness Week in Ten- is sponsoring a series of programs and re- this excellent proposal and will actively work to nessee and urge all citizens to join me in rec- membrances with the support of the Police see its passage in the next session of Con- ognizing this worthy observance. Department, the Public Schools, the Martin gress. f Luther King, Jr., Commission for Nonviolence, Recently, Chairman BILL ARCHER (TX) intro- My Sister's Place, and Cluster's Conflict Reso- duced H.R. 4579, the Taxpayer Relief Act of TRIBUTE TO ALBERTINA SISULU lution Program. 1998, which would reduce taxes by an esti- OF SOUTH AFRICA The series includes a public education cam- mated $80 billion over 5 years. I strongly sup- paign to identify and activate practical alter- ported this bill and voted with the full House HON. DONALD M. PAYNE natives to violence. It also includes a day of to approve it on September 26. Specifically, OF NEW JERSEY remembrance in memory of Yonkers residents the proposal reduces the marriage tax penalty IN THE HOUSE OF REPRESENTATIVES who lost their lives to violence, most especially by expanding the standard deduction for a Tuesday, October 20, 1998 the Biller family and Frederick Pagliara. married couple to twice the amount a single The week includes programs which treat vi- taxpayer can deduct. Mr. PAYNE. Mr. Speaker, I rise to pay trib- olence against women as well as violence Unfortunately, President Clinton has shown ute to a great woman who has earned a place against men and the scourge of race and hate little support for our efforts. Once again, Re- in history, Mrs. Albertina Sisulu of South Afri- crimes. publicans must fight the liberal legacy of tax- ca, who was elected as a member of Par- The `Y' program, by spotlighting violence and-spend, anti-family policies. Through many liament in 1994. and the harm it does to all of us, and by offer- different schemes, Democrats have consist- Born in the Transkei, she lived in Johannes- ing alternatives, such as conflict resolution, ently demonstrated an aversion to the fun- burg when the African National Congress gives positive recommendations to help the damental institutions of this great country: reli- Youth League became active in 1944. It was community. It is part of a nationwide `Y' pro- gion, morality, family and life. an eventful year for her. She joined the gram we all should join to reduce the epidemic Even though we were unable to include League, qualified as a nurse and midwife, and of violence in America and make our country marriage penalty relief in the Omnibus Appro- married Walter Sisulu, the political leader and secure for all. priations bill this week, eliminating the mar- friend of Nelson Mandela who shared his pas- f riage penalty will continue to be a major prior- sion for freedom and justice. ity for me, and I will continue to pursue every Together, the Sisulus fought oppression and DIVORCING THE MARRIAGE opportunity to repeal this unfair tax on the endured enormous anguish as Welter, who PENALTY American family. was then the general secretary of the ANC, f was imprisoned eight times between 1953 and HON. BOB SCHAFFER 1964. Mrs. Sisulu joined the ANC Women's OF COLORADO WORLD POPULATION AWARENESS League and became an executive member of IN THE HOUSE OF REPRESENTATIVES WEEK 1998 the Federation of South African Women. She played an active role in the 1952 Defiance Tuesday, October 20, 1998 HON. HAROLD E. FORD, JR. Campaign and in the protest against the Bantu Mr. BOB SCHAFFER of Colorado. Mr. OF TENNESSEE Education Act. In 1956, she was prominent in Speaker, I rise today regarding the elimination the historic national demonstration in Pretoria IN THE HOUSE OF REPRESENTATIVES of the marriage penalty. This reform is long- when 20,000 women protested against the ex- overdue, and I am pleased to hear the con- Tuesday, October 20, 1998 tension of passes to African women. In 1959, sistent, overwhelming support of many con- Mr. FORD. Mr. Speaker, I rise today to call she was elected treasurer of the ANC Wom- stituents in Colorado's Fourth Congressional World Population Awareness Week 1998 to en's League. District. the attention of my colleagues. October 24±31 Mrs. Sisulu showed tremendous courage in As every married couple knows all too well, marks the 13th annual celebration of World continuing her anti-apartheid activities after the marriage penalty is the amount of com- Population Awareness Week. More than 300 her husband was sent to Robben Island and bined tax a couple pays in excess of the family planning, environmental, educational, she herself was placed under banning orders amount they would have paid had they filed as community and service organizations in 61 for nineteen years, ten of them under house ``single.'' For instance, suppose a husband countries are co-sponsoring the week in an ef- arrest. In August of 1983, she was charged and wife each earned $30,500, resulting in a fort to raise awareness of the need for univer- with furthering the aims of the ANC. Six combined income of $61,000. They would pay sal voluntary family planning. months later she was found guilty and sen- $8,563 in federal taxes. However, if they were I call Governor Don Sundquist's proclama- tenced to four years' imprisonment, but her to file as ``single,'' each would owe $3,592, for tion to the attention of my colleagues and ask conviction was overturned. While she was in a combined total of $7,184. By filing together, that it be submitted for the RECORD. custody awaiting trial, she was elected as the this couple is unfairly hit with a $1,379 mar- Transvaal President of the newly-formed THE STATE OF TENNESSEE PROCLAMATION riage penalty. United Democratic Front. She also became Whereas, more than half of the world’s Government should encourage the strength- population will live in urban agglomerations National President of the South African Fed- ening of the American family, not undermine it by the turn of the century; and eration of Women. In 1988, she was again with ill-conceived taxing schemes. According Whereas, the growth of cities provides op- banned and her freedom to travel was re- to the Congressional Budget Office (CBO), 42 portunities, but also portends risks that stricted. Undaunted, she joined other promi- percent of married couplesÐnumbering 21 could intensify poverty, pollution, disease, nent Soweto citizens who negotiated with the E2276 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 then Soweto City Council on the question of help. Your bill takes a necessary step to en- SAN BERNARDINO COUNTY rent boycotts. She was also nominated by a sure that the public can continue to place SHERIFF’S DEPARTMENT, number of international figures for the post of their faith and trust in law enforcement offi- San Bernardino, CA, September 22, 1998. cers and not be deceived by those with crimi- Hon. STEVE HORN, rector of the University of Edinburgh. In 1989, nal intent. U.S. House of Representatives, she was part of a delegation which visited On behalf of Grand Lodge, Fraternal Order Washington, DC. President Bush and Mrs. Thatcher to brief of Police, I want to extend my thanks for DEAR CONGRESSMAN HORN: The San them on the situation in South Africa. In Octo- your leadership on this issue. If there is any- Bernardino County Sheriff’s Department ber, her husband and other leaders were re- thing I can do to assist you in the passage of strongly supports HR 4282 which would curb leased from jail. this legislation, please do not hesitate to the sales of phony police badges in the Since the landmark year of 1990, she has contact me or Executive Director Jim Pasco United States. Every day law enforcement is continued to be in the forefront of South Afri- at my Washington office. faced with the possibility of an impersonator ca's continued challenges, serving as Deputy Sincerely, eroding the public’s trust by using a phony GILBERT G. GALLEGOS, badge to commit a crime. Women have be- President of the ANC Women's League and National President. come fearful of stopping for red lights on po- as a member of the National Executive of the lice vehicles because of crimes committed ANC. In 1993, she served as President of the INTERNATIONAL BROTHERHOOD OF using red lights to stop their victims. Law World Peace Council in Basie, Switzerland be- POLICE OFFICERS enforcement has only one thing to prove, fore becoming a member of Parliament. Mr. Alexandria VA, May 15, 1998. who they are visually to the public, and that Speaker, I ask my colleagues here in the Hon. STEPHEN HORN, is the badge. House of Representatives to join me in honor- U.S. Congress, Mail order badge suppliers cheat the public out of their confidence in the police by sell- ing Mrs. Sisulu, a valiant woman who has Washington, DC. DEAR CONGRESSMAN HORN, The Inter- ing to anyone with the correct amount of charged countless lives for the better, as she national Brotherhood of Police Officers money, the very symbols of trust and safety celebrates her 80th birthday this week. (IBPO) is an affiliate of the Service Employ- we are taught as children to look to for help. f ees International Union, the third largest Police and sheriff badges should be sold only union in the AFL–CIO. The IBPO is the larg- to authorized law enforcement personnel, BROAD-BASED SUPPORT FOR THE est police union in the AFL–CIO. and then only, after the company ensures POLICE BADGE FRAUD PREVEN- On behalf of the entire membership of the that the agency is a bona fide entity. TION ACT (H.R. 4282) IBPO I want to thank you for introducing a Please register our support of this very im- bill that would make it a crime to deal coun- portant legislation. HON. STEPHEN HORN terfeit badges of state and local law enforce- Sincerely, ment agencies. GARY S. PENROD, OF CALIFORNIA The IBPO has heard numerous incidents Sheriff. IN THE HOUSE OF REPRESENTATIVES where criminals obtain police badges which Tuesday, October 20, 1998 allows them to pursue illegal activities. CITY OF SIGNAL HILL Many of these budges can be purchased by POLICE DEPARTMENT, Mr. HORN. Mr. Speaker, I rise today to call Internet and mail-order sales. We appreciate Signal Hill, CA, August 6, 1998. the attention of the House to the Police Badge your legislation will ban the interstate or Congressman STEPHEN HORN, Fraud Prevention Act (H.R. 4282) and the foreign trafficking of counterfeit badges and c/o Connie Sziebl, District Director, 38th District broad-based support it is drawing from our na- genuine badges. of California, Lakewood, CA. tion's law enforcement community. This meas- A police officer’s badge means much more DEAR CONGRESSMAN HORN: I would like to ure bans the interstate or foreign trafficking of than another form of identification. To see it take this opportunity to thank you very much for introducing HR 4282—the Police counterfeit badges and genuine badges. When used for criminal intent is a slap in the face to every police officer in this country. Badge Fraud Prevention Act. I believe it will the measure is reintroduced in January, it will The IBPO endorses your bill and looks for- go a long way to stem this ever increasing include exceptions for cases where the badge ward to working with you to see this bill be- problem and help protect the citizens within is used exclusively in a collection or exhibit; come law. If you have any questions, please our community and throughout the United for decorative purposes; or for a dramatic do not hesitate to contact me. States. presentation such as a theatrical, film, or tele- Sincerely, I will be contacting police organizations in vision production. KENNETH T. LYONS, California for support of this bill and, hope- A counterfeit badge or a fraudulently ob- National President. fully, they will be sending you letters of sup- port very soon. tained real badge can allow a criminal to de- I have enclosed a copy of the program from ceive someone into opening the door to their CALIFORNIA PEACE OFFICERS’ ASSOCIATION, Fox Channel 11 News on counterfeit badges home or the window of their car. The use of Sacramento, CA, October 7, 1998. which aired on Monday, July 27, 1998, at 10:00 badges in home-invasion robberies and other Hon. STEVE HORN, p.m. It provided some excellent publicity on crimes has damaged the trust people have in U.S. House of Representatives, this problem and on HR 4282. men and women in uniform. Law enforcement Washington, DC. Once again, I would like to thank you and organizations, both nationwide and in my DEAR CONGRESSMAN HORN: The California your staff for your quick response to our home state of California, have recognized this Peace Officers’ Association strongly supports concerns and your continued support of law HR 4282, which would curb the sales of phony enforcement. and have endorsed this legislation. I submit Sincerely, their endorsement letters to be included in the police badges in the United States. Law en- forcement is faced with the possibility of a DAVID M. SINGER, RECORD. I encourage all Members to consider criminal using a phony badge to commit a Chief of Police. co-sponsoring this legislation when the 106th crime. These impersonators have made Congress reconvenes. women become fearful of stopping for legiti- CALIFORNIA NARCOTIC FRATERNAL ORDER OF POLICE, NA- mate police officers because of crimes imper- OFFICERS’ ASSOCIATION, TIONAL LEGISLATIVE PROGRAM, sonators have committed using phony police Santa Clarita, CA, October 15, 1998. Washington, DC, July 24, 1998. badges. Law enforcement officers have only Re: HR 4282—Letter of Support Hon. STEPHEN HORN, one visual thing to prove who they are to the Stephen Horn U.S. House of Representatives public, and that is the badge. U.S. Representative, 38th District Washington, DC. Mail order badge suppliers have cheated Washington DC. DEAR CONGRESSMAN HORN, I am writing to the public out of their confidence in the po- DEAR MR. HORN: The California Narcotic advise you of the strong support of the more lice by selling to anyone with the correct Officers Association’s (CNOA) 7,000 members, than 272,000 members of the Fraternal Order amount of money, the very symbols of trust comprised of men and women, are Califor- of Police for H.R. 4282, the ‘‘Police Badge and safety which identify the law enforce- nia’s first line of defense against the pro- Fraud Prevention Act.’’ ment officer. Police and sheriff badges liferation of illegal drugs. CNOA has histori- Your bill complements existing State stat- should only be sold to authorized law en- cally provided opinion and expertise to the utes against impersonating a law enforce- forcement personnel, and then only after the legislature based upon our experience and ment officer with respect to the possession company ensures that the agency is a bona training as drug enforcement professionals. or use of counterfeit badges or illegally ob- fide entity. CNOA supports House Resolution 4282 tained real badges. The American public Please register our support of this very im- which you author. Mail order badge suppliers knows and recognizes the brave men and portant legislation. who sell to anyone for money facilities vi- women in our nation today by the badge Sincerely, cious crimes that occur in our society such they carry. They know they can count on JOHN LOVELL, as home invasion robberies. Badges should them when they are in trouble or in need of Government Relations Manager. only be sold to bonafide entities. CONGRESSIONAL RECORD — Extensions of Remarks E2277 Please accept this letter as our Associa- the taxpayers. One amendment would provide Section 223(a) provides that whoever tion’s support for this very important legis- $50 million for the TVA's non-power programs makes any comment, request, suggestion, lation. We thank you for taking the leader- in 1999. But another provision would cost tax- proposal, image or other communication which ship on this issue. payers much more than the $50 million or Sincerely is obscene or indecent, knowing that the recip- ROBERT S. ELSBERG, even the original $70 million for TVA's non- ient of the communication is under 18 years of Legislative Chairman. power programs. The second TVA provision age, shall be subject to criminal fines and pen- also attached to the Omnibus bill would permit alties. While certain parts of section 223 have f TVA to refinance some of its $30 billion debt been successfully challenged in the court sys- LEN SWINEHART’S BIRTHDAY through the U.S. Treasury's Federal Financing tem, the Supreme Court upheld the constitu- Bank. If passed, TVA would be allowed to bor- tionality of this provision relating to transmittal HON. NEWT GINGRICH row $3.2 billion from the Federal Government of obscene material. Thus, it seems that sec- OF GEORGIA and taxpayers would be forced to pay for the tion 401 of H.R. 3494 would overlap with the IN THE HOUSE OF REPRESENTATIVES $1 billion cost of this refinancing. provisions of section 223(a), providing an ad- Despite the vehement protests of appropri- Tuesday, October 20, 1998 ditional tool for prosecutors to use. In doing ators and authorizers, the legislation allows so, it should be clear that whether a prosecu- Mr. GINGRICH. Mr. Speaker, it isn't often this giant utility to refinance its debt without tor uses section 223(a) of the Communications that someone can celebrate their 50th birthday paying the contractually-required prepayment Act or section 401 of H.R. 3494 to address the and help pass a 4,000-page appropriations penalty. increasing problem of the availability of ob- bill. Len Swinehart has been a hardworking, TVA is already $30 billion in debt, pays no scene material to minors available through a knowledgeable and effective member of the taxes, enjoys access to low-cost capital, and telecommunications device, the Commerce Speaker's staff. He has specialized in budget avoids scores of Federal laws and State regu- Committee retains oversight responsibility. lations. The taxpayers must not be burdened and appropriations issues and he has effec- Section 901 provides for the Attorney Gen- further by TVA. tively represented the taxpayers of America. eral to contract with the National Academy of f For the last two weeks Len has been im- Sciences to conduct a study of computer- mersed in monitoring the details of this mas- COMMERCE COMMITTEE CONCURS based technologies and other methods to ad- sive $500 billion budget. Tonight he will be WITH H.R. 3494 dress the problem of access to pornography able to celebrate his first half century and a by children. The provision requires the study job well done. Happy birthday Len and thank HON. TOM BLILEY address a number of issues, including the you. present-day computer-based technologies for f OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES controlling electronic transmission of porno- PROTESTING SECTION 103 OF DIVI- Tuesday, October 20, 1998 graphic images, research needed to develop SION A OF THE OMNIBUS APPRO- effective computer-based technologies for PRIATIONS BILL Mr. BLILEY. Mr. Speaker, I rise in support such purposes, potential limitations of com- of H.R. 3494, ``the Protection of Children From puter-based technologies for such purposes, Sexual Predators Act of 1998.'' Several days and operational procedures necessary to en- HON. RODNEY P. FRELINGHUYSEN ago, the House concurred with amendments OF NEW JERSEY sure the computer-based technologies are ef- made to H.R. 3494 by the Senate. The legisla- fective. IN THE HOUSE OF REPRESENTATIVES tion is now being prepared for the President's Tuesday, October 20, 1998 Over the last few years, the Commerce signature. Committee has addressed computer-based In general, H.R. 3494 amends current law to Mr. FRELINGHUYSEN. Mr. Speaker, today technologies, including software screening strengthen the provisions that protect children I introduced a measure to correct H.R. 4328 programs and computer-based age verification from sexual predators. The amendments are by striking section 103 of division A. As technologies. In fact, section 901 is similar to needed to ensure that our laws keep pace passed now, section 103 of division A will cost the provisions added to H.R. 3783, the Child with technology and that we do all we can to American taxpayers $1 billion because it per- Online Protection Act (COPA), which recently maintain the innocence of our children. While mits the Tennessee Valley Authority to refi- passed in the House, to limit access to porno- the actions of sexual predators are inexcus- nance some of its $30 billion debt through the graphic material by children. Section 104 of able, subjecting our children to this sick and Federal Government. H.R. 3783 establishes a Commission com- harmful behavior is morally unacceptable. I have thought for a long time that New Jer- posed of government and industry experts, in- These practices are degrading and undermine sey taxpayers should not have to help pay to cluding representatives in the business of pro- the fabric of our society. H.R. 3494 will help subsidize electricity for the Tennessee Valley viding Internet filtering and blocking services which is one reason why I have fought to end put an end to such practices. The Commerce Committee has been inte- and software, Internet access services and the Federal Government's subsidies for TVA. Internet labeling or ratings services. But compared to TVA's refinancing deal, the grally involved in a similar effort to protect chil- The purpose of the Commission is to study non-power program subsidy was peanuts. dren. The Commerce Committee has worked methods to help reduce access by minors to Taxpayers will be footing the bill for this back- in the past with the Judiciary Committee to material that is harmful to minors on the Inter- room deal and the cost is over $1 billion. craft similar legislation. Thus, the Committee net. The Commission is tasked with submitting Striking out this section would wipe out the was pleased to see the development of H.R. a report to Congress which will include: (1) a hidden provision to allow TVA to refinance its 3494 as it proceeded through the legislative description of the technologies and methods billions of dollars of debt through the Federal process and chose not to raise jurisdictional identified by the study and the results of the Government at the cost of U.S. taxpayers. issues that may have prevented the legislation Since the New Deal, TVA has asked for and from moving forward. It is important, however, analysis of each such technology and method; received the Federal Government's help to to highlight our jurisdictional interest in this im- (2) the conclusions and recommendations of control flood waters in the Tennessee Valley, portant matter. the Commission regarding each such tech- but when it comes to the flood of Federal dol- I note that at least two sections of H.R. nology or method; (3) recommendations for lars for the TVA, they just say ``let it flow.'' 3494, sections 401 and 901 fall within the ju- legislative or administrative actions to imple- This refinancing scheme and extra funding is risdiction of the Commerce Committee. Sec- ment the conclusions of the Commission; and not fair to taxpayers in New Jersey and all tion 401 imposes a new prohibition on the (4) a description of the technologies or meth- around America and it is against the ex- transfer of obscene material to minors (under ods identified by the study that may meet the pressed will of Congress. the age of 16). The scope of this provision requirements for use as affirmative defenses I led the efforts to zero out this annual Fed- would cover all transfers of such material, in- provided under other provisions of law. eral subsidy contained in the Energy and cluding via mail or telecommunications net- I believe the Commerce Committee and the Water Appropriations bill. Both House and works. Congress has already addressed this Judiciary Committee have arrived at com- Senate Appropriators agreed with me, and this matter when it enacted section 223(a) of the plimentary solutions. The study authorized by year we cut the $70 million subsidy in the Communications Act of 1934, as added by title H.R. 3494 would fit well within the study au- FY99 Energy and Water Appropriations bill al- V of the Telecommunications Act of 1996 thorized by H.R. 3873. ready signed into law by the President. (also known as the Communications Decency While I am hopeful that H.R. 3783 will be- But in a last-minute deal, two amendments Act), which was jointly written by Members of come law this Congress, it should be recog- slipped into the Omnibus bill which will cost the Commerce and Judiciary Committees. nized that the Commerce Committee intends E2278 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 to fully exercise its jurisdiction over future con- scrabble youth on the streets of Cleveland, Yankovic’s biggest hits from the 1940s, the sideration of such matters, including involve- Ohio to the country's best selling Polka music only two polka songs ever to sell more than ment with the National Academy of Sciences artist deserves recognition. a million copies each. Many of the mourners, especially older study authorized under H.R. 3494. The Com- In a recording career that spanned 60 ones, began singing along when the im- mittee intends to monitor the implementation years, two gold single records, thirty million promptu band broke out some old-fashioned of section 401 by the Attorney General par- records sold, and the first Grammy Award in folk Slovenian songs. The musical scene was ticularly as it relates to section 223(a) of the the category of Polka music, Frank Yankovic's repeated at Calvary Cemetery, where an esti- Communications Act. Support for H.R. 3494 ``Cleveland-Style Polka'' has been widely cred- mated 250 people bid their polka hero fare- passage this Congress should not be read as ited with catapulting an Eastern European art well. a lack of interest in the relevant jurisdictional form into a mainstay of American music cul- During the funeral Mass, members of Yankovic’s family went to the altar to ex- matters. ture. Tinkering with orchestrations and trans- press their love for him, calling him a loving f lating lyrics into English, Yankovic proved that and caring husband, father and grandfather. Polka music could appeal to millions of Ameri- The Rev. John Kumse, pastor of St. Mary, THANK YOU, MRS. ROBIN MOLL cans and become a vehicle for mass enter- said everyone benefited from and can be MEAGHER tainment. His millions of record sales are a thankful for Yankovic’s gifts as an enter- testament to this vision. tainer. HON. BART GORDON An inductee of Chicago's International Polka Yankovic’s loyal followers, many in their 70s and 80s, attended the service. OF TENNESSEE Association Hall of Fame and the ``Cleveland- Emma Yudovich, 70, traveled from El Paso, IN THE HOUSE OF REPRESENTATIVES Style'' Polka Hall of Fame, in addition to the Texas. Tuesday, October 20, 1998 Wisconsin and Michigan Polka Halls of Fame, ‘‘He would tour in those early days and we Yankovic collaborated with an eclectic group would travel hours to see him to concert or Mr. GORDON. Mr. Speaker, I want to give of artists, ranging from Duke Ellington to Doris at a dance, wherever he was, because we thanks to Robin Moll Meagher, my legislative Day to Chet Atkins to Drew Carey. Yankovic loved his polka music,’’ she said. ‘‘We are director, who will be leaving Capitol Hill after was featured with his own float in the 1996 sad, of course, but we cannot be too sad for six years of dedicated service. him because he lived one of the fullest lives Presidential Inaugural Parade. The ``Frank one could live.’’ Robin has become my right hand on tele- Yankovic Band'' has performed to enthusiastic Cleveland Councilman Michael D. communications and healthcare policy. crowds across the country and around the Polensek, who grew up in Collinwood, This session, she helped me pioneer legis- world and made its Kennedy Center debut in Yankovic’s old neighborhood, said the Polka lative action on telecommunications fraud 1998. King ‘‘was a hero in the neighborhood.’’ called Cramming, by developing Congres- My fellow colleagues, Frank Yankovic was He said that as a councilman he was con- sional Hearings, drafting groundbreaking legis- indeed an inspiration. He will be greatly stantly asked to get a council resolution honoring Yankovic on his retirement. ‘‘I lation, and working with industry leaders to re- missed, but his enormous contribution to solve this problem. think I must have produced 10 of them over American music culture will never be forgot- the years, and then Yankovic would change Whether confronting complicated federal bu- ten. his mind and continue playing,’’ Polensek reaucracies, or helping a constituent solve a said. difficult problem, Robin has never forgotten FINAL GOODBYE POLKA f the peoples' priorities. (By William F. Miller) On a daily basis, I have been able to count They had come to mourn his death, but the TRIBUTE TO HMONG AND LAO on Robin to manage policy issues in my office, Polka King’s rollicking music worked its VETERANS coordinate the legislative staff that help me do magic one more time. As faint strains of Frankie Yankovic’s my job, and keep the overwhelming amount of ‘‘Blue Skirt Waltz’’ and ‘‘Just Because’’ HON. BRUCE F. VENTO information coming in organized and manage- drifted through St. Mary Church yesterday OF MINNESOTA able. from accordionists warming up outside, peo- IN THE HOUSE OF REPRESENTATIVES I owe her a debt of gratitude, and I am not ple at the solemn funeral Mass looked up in the only one. recognition. Tuesday, October 20, 1998 Like the Oilers from her hometown of Hous- Then they began to smile. Mr. VENTO. Mr. Speaker, I rise today to ton, Robin came to serve the people of Ten- A few minutes later, they stood outside pay tribute to Hmong and Lao Veterans and nessee after a long period of service with and sang along. their supporters from St. Paul and across the ‘‘The music seemed like it was coming United States. Working together as patriotic some of my former colleagues from Texas. from heaven,’’ remarked a woman wearing a Working for Congressman Pete Geren and babushka. and civic-minded citizens, they have success- Jake Pickle, Robin's diverse skills helped her ‘‘It looked like rain, but did you notice the fully pressed H.R. 371, the Hmong Veterans achieve important successes in trade policy, skies turned to blue when the accordionists Naturalization Act, forward through the House by amending NAFTA implementation lan- played the ‘Blue Skirt Waltz’?’’ said August Judiciary Committee with 77 bi-partisan co- guage; transportation policy, by helping secure Pust, special assistant for multicultural af- sponsors. More importantly, they have helped important aviation routes for her state, and by fairs to Gov. George V. Voinovich. to bring overdue national recognition to the assisting her state in a number of other ways ‘‘I’m speechless and so happy for the music Hmong and Lao people and the noble cause they are playing for my father,’’ Yankovic’s that they served during the Vietnam War. that benefited her bosses' constituents; and daughter, Andrea McKinnie, said through her alma mater, the University of Texas. her tears. ‘‘That is exactly—yes, exactly— I would like to salute and bring to the atten- Like many bright young Americans, after the way he would have wanted it, and thank- tion of my colleagues a number of those indi- Robin graduated collegeÐfrom a school in fully they knew to do it. God bless them viduals who worked tirelessly during this 105th Austin we in Tennessee call ``the Other UT''Ð all.’’ Congress, spearheading efforts to help edu- she came to Washington to serve her country, An estimated 800 people attended the cate the public and Members of Congress its elected representatives, and its people. church service for Yankovic, a Cleveland na- about the plight of the Hmong Veterans and We are grateful for her help. As Robin tive who won the first Grammy ever given promoting the importance of H.R. 371, a bill for polka music and whose tireless touring which I was again proud to introduce. I would opens a new chapter in her life, I would like brought Cleveland Slovenian-style polka to to say good luck and thank you. the top of the music charts. Yankovic, 83, like to thank the Lao Veterans of America, the f died last Wednesday in New Port Richey, nation's largest Hmong and Lao non-profit or- Fla. ganization, for its leadership role on these cru- IN MEMORY OF THE POLKA KING Police officers blocked traffic along the cial matters; Colonel Wangyee Vang, the Na- route from St. Mary to Calvary Cemetery as tional President; Cherzong Vang, Chairman of HON. DENNIS J. KUCINICH the funeral cortege passed. the Minnesota State Chapter; Philip Smith, A delay in the hearse’s departure from the OF OHIO who serves as the Washington, D.C. director; church created the opportunity for a Angela McCaffrey, Attorney at law; and Chris IN THE HOUSE OF REPRESENTATIVES miniconcert outside. Eight of Yankovic’s Johnson, a Hamline University law school stu- Tuesday, October 20, 1998 musician friends had brought their accor- dions, planning to play as Yankovic’s casket dent. I would also like to thank the Lao Family Mr. KUCINICH. Mr. Speaker, I rise today to was taken to the hearse. Community in Minnesota, Inc., whose head- remember Frank Yankovic, America's Polka They ended up repeatedly playing ‘‘Blue quarters are in St. Paul, for their special ef- King. The story of Yankovic's rise from a hard Skirt Waltz’’ and ‘‘Just Because,’’ forts, specifically: Chong Bee Vang, President; CONGRESSIONAL RECORD — Extensions of Remarks E2279 Ying Vang, Executive Director; Yao Lo, Spe- able to learn English for the citizenship It is clear that some remedy must be af- cial Projects Director; and Mr. Kue Xiong, exam. fected to rectify the inequities created by the Special Assistant. In Arlington Cemetery, the Hmong un- actions taken by the Department in this inci- veiled a memorial to their combat veterans Mr. Speaker, I am extremely proud that and Ameican advisers. In the Lao and Hmong dent. Our service personnel deserve to be Hmong veterans and their families, under the languages the writing on the monument treated better. I have been working with Con- leadership of these two St. Paul-based, non- states, ‘‘You will never be forgotten.’’ They gressmen COLLINS, CONYERS, and WATT of profit community organizations, helped to or- almost were. North Carolina to fashion a bipartisan solution ganize national recognition ceremonies in re- f to this problem. cent years to honor the Hmong and Lao veter- The Subcommittee did not have time to act ans at both the Vietnam War Memorial and OPERATION PROVIDE COMFORT IN this year, but we will revisit this issue next Arlington National Cemetery. These events IRAQ year. I hope that the Pentagon will correct this were the first of their kind and attracted inter- injustice and make the payments to the fami- national media coverage. They drew thou- HON. LAMAR S. SMITH lies without Congress having to take action. sands of people from Minnesota and across OF TEXAS However, if the Administration is not willing to the nation to Washington, D.C. I was deeply IN THE HOUSE OF REPRESENTATIVES act, the Immigration and Claims Subcommittee will consider legislation in the 106th Congress honored to provide remarks and participate in Tuesday, October 20, 1998 these historic events, including the dedication to give the American families the same treat- of the monument at Arlington National Ceme- Mr. SMITH of Texas. Mr. Speaker, I rise ment as the foreign families received. tery, which prompted the following editorial in today regarding a very important bipartisan f issue that will need to be addressed in the the Washington Post which I would like to in- PERSONAL EXPLANATION clude in the RECORD at this time. 106th Congress, that is compensating the Mr. Speaker, the people of the Southeast families of the Americans who were killed on HON. DANNY K. DAVIS Asian community in St. Paul are playing an in- April 14, 1994 while serving in Operation Pro- OF ILLINOIS creasingly positive role as they pursue edu- vide Comfort over Iraq. IN THE HOUSE OF REPRESENTATIVES cation, home ownership and fill key roles in Mr. Speaker, I have been very disappointed our society. Although serious challenges per- by the Pentagon's handling of this issue and Tuesday, October 20, 1998 sist, this generation will have a magnificent im- their refusal to treat fairly the families of the Mr. DAVIS of Illinois. Mr. Speaker, I was un- pact upon shaping tomorrow's Minnesota. It is American service personnel who were killed avoidably detained in the district on October important that Congress honor their history, on this incident. I have several constituents 13th and 14th. As a result, I missed rollcall culture and background today. whose loved one was killed in this incident votes 527±531. If I had been present, I would Once again, I would like to salute all those and I am disappointed that the Department of have voted ``aye'' on rollcall 527, ``nay'' on roll- who supported and cosponsored H.R. 371 Defense has not treated them more fairly. call 528, ``aye'' on rollcall 529, ``nay'' on rollcall which I plan to reintroduce during the 106th On April 14, 1994, 15 Americans, 14 military 530 and ``aye'' on rollcall 531. Congress. personnel and 1 civilian, and 11 foreign na- f tionals, were killed when two Army Black [From the Washington Post, May 20, 1998] Hawk helicopters, were shot down over the THANK YOU MR. BRENT AYER DEBTS TO THE HMONG ``No Fly zone'' in Iraq by two Air Force F±15's. To anyone with a memory and a commit- According to the General Accounting Office, HON. BART GORDON ment to keeping one’s word, it is bound to this loss of life resulted from 130 separate OF TENNESSEE come as a shock that the United States is mistakes by the Air Force and the Army. After IN THE HOUSE OF REPRESENTATIVES still not fulfilling its obligations to its this incident, the Department of Defense made Hmong and Lao allies in the Vietnam War. Tuesday, October 20, 1998 $100,000 ex gratia payments to the families of Eleven years ago, Congress authorized the Mr. GORDON. Mr. Speaker, today I want to the foreign nationals in addition to the other Vietnam Veterans National Medal for the pay tribute to the career of Mr. Brent Ayer. death benefits they received from their own now-American survivors of the secret army Brent has served my office in the capacity of that helped America fight its battles in Laos countries. While making these payments to Chief of Staff for two years; however, he has in 1961–73 and that paid dearly for it. Yet the foreign families, the Administration was served the United States House of Represent- only the other day was the medal actually unwilling to give the same treatment to the bestowed on the few thousand veterans of atives loyally for twenty-one. next of kin of the Americans. As Chief of Staff, Brent has performed his that army who had gathered in Washington. My subcommittee held a hearing on this In a march meant to recall their earlier es- duties with meticulous skill and care. His abil- cape across the Mekong River to Thailand, issue on June 18, 1998 and heard from both ity to organize and prioritize keeps the office the Hmong group crossed the Potomac to the the Pentagon and the families. Before the running like clockwork. Brent is a true asset to grave of John F. Kennedy, the first Amer- hearing, I requested the Pentagon be pre- my staff, providing a level of leadership and ican president their units had served. pared to answer whether authority exists wisdom that could only be gained through The Hmong, or ‘‘Meo,’’ and Lao recruits under current law to compensate the families twenty-one years of service. formed under CIA direction at a time when at the same level as the foreign families. Dur- How best to describe twenty-one years on their very presence and role were officially ing their testimony, the Pentagon was unable Capitol Hill other that stating the obvious point denied. Diverting large numbers of North Vi- to provide a credible answer for why they did etnamese soldiers from their primary (Amer- that Brent is the kind of employee rarely seen ican) targets, the secret army gathered intel- not treat the Americans in the same matter as this day-and-age in the workforce. He is the ligence, protected U.S. navigational sites the foreign families. First, they could not an- consummate Capitol Hill staffer and a model and rescued hundreds of downed American swer whether they had the authority to make for anyone wishing to answer the call of serv- pilots. In turn, the United States took on the payments to the Americans, then after the ice to his country and Congress. specific protective obligations and of course hearing, when the Department did provide the Brent's tenure in the House of Representa- an overwhelming moral obligation. These Subcommittee with a response they did not tives began in the office of Rep. Goodloe debts were fulfilled only raggedly when Com- answer the direct question posed. Rather than Byron, where he was hired as a staff assistant munist North Vietnam swept over Laos. providing a statutory bar to payment under Hmong and Lao soldiers and the families in 1977. He stayed on with Rep. Beverly were alternately repressed by the victorious Section 127 of Title 10, the Department's re- Byron after Goodloe's death and advanced to forces and forced into exile. Some 135,000 now sponse discusses ``limitations that have histori- Chief of Staff. live in the United States. cally been applied'' and ``compelling reasons Brent's career path moved from Rep. By- Their current complaints go well beyond against making such payments''. ron's office to Rep. RON KLINK in 1994 and, fi- the tardy receipt of medals for their valor. A It would appear that historical applications nally to work for me. concern for their kin has made them advo- and compelling reasons were compromised Brent has a well-earned reputation for un- cates of an American policy to press the Lao- when the Department chose to make ex gratia tangling really tangled messes. No task is too tian government harder to ensure fair treat- payments to the families of foreign nationals large or too small for him to handle. Whether ment for those left behind and to begin Hmong-language broadcasts on the now killed in the same incident with Americans. By Brent is attending a White House signing cere- American-supported Radio Free Asia. They doing so, the Department has placed the Gov- mony for legislation he helped his boss push also protest the recent immigration-law ernment in the position of appearing to value through or defending a two-year-old child with changes that limit benefits to non-citizens, foreign nationals lives more than American Leukemia against a large health insurance including elderly Hmong who have been un- lives. company, he handles his duties with ease. E2280 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 Brent's ability to get into the trenches has and bilingual education reform. In addition, the to be ‘‘Karen Thorndike Day’’ in Port Ange- been a true motivating factor toward empha- President has already vetoed safe schools les in recognition of her extraordinary jour- sizing a team atmosphere in our office. legislation, a teacher testing bill, and our A+ ney in which she became the first American woman to solo circumnavigate the globe. Speaking of team efforts, included in the Education Savings Accounts proposal. These GARY BRUAN, long list of Brent's accomplishments one of his actions clearly demonstrate Clinton's desire to October 19, 1998. greatest assets is his running ability and thwart real reform and local decision-making. knowledge of the sport, which has helped I will continue to fight the President and his f Team Gordon successfully win the Capital administration in their plans to complicate and MINNESOTA’S FAIR FARM PRICES Challenge six consecutive years. stifle our efforts to lead this country in a new NOW PETITION He has been a staffer's advocate, too, and direction for the 21st Century. Although much the House is a better place to work because still remains to be done, I remain optimistic for of his tenure. the future. With persistence, focus, and input HON. DAVID MINGE Brent was instrumental in establishing a fit- from the people of this great country, we will OF MINNESOTA ness program for staffers. He helped begin a empower our Nation's children, parents, and IN THE HOUSE OF REPRESENTATIVES program of assisting new offices in setting teachers to achieve their greatest potential. Tuesday, October 20, 1998 upÐthereby easing the transition to Congres- f Mr. MINGE. Mr. Speaker, I rise tonight to sional life for new staff. Every staffer and KAREN THORNDIKE—FIRST AMER- commend all the Minnesotans who have former staffer who worked with or under him signed the ``Fair Fram Prices Now'' Petition. I praised his leadership, his calmness, and his ICAN WOMAN TO SAIL SINGLE- HANDEDLY AROUND THE WORLD have received petitions which were signed by ability. thousands of farmers and citizens of rural Min- I have heard Brent explain his long tenure nesota communities. These people have come in this way, ``I came in, I put my head down, HON. NORMAN D. DICKS to Congress with a simple request: that they I did my work; when I looked up twenty-one OF WASHINGTON be given a fair price for their hard work. They years had passed.'' With well earned acco- IN THE HOUSE OF REPRESENTATIVES have asked that their elected representatives lades and a long list of good memories in Tuesday, October 20, 1998 answer their petition by uncapping and raising hand Brent will end his era of congressional Mr. DICKS. Mr. Speaker, yesterday when I the marketing loan rate, by extending the service on November 15, 1998. was home in my congressional district, I had terms of the marketing loan, and by making On that day the House of Representatives the great pleasure of meeting a Washington will lose a strong and capable resource and crop insurance coverage more effective. State native who recently became the first Unfortunately, this outpouring has not been veteran, his colleagues, both past and American woman to sail singlehandedly adequately heard by Congress. Although the present, will lose a friend and mentor and I will around the world. In a heroic voyage that took Omnibus Appropriations Conference Report, lost a Chief of Staff, the likes of which come her just over 2 years, Karen Thorndike fought which will be voted on this evening, does pro- along once in a lifetimeÐif one is as lucky as off serious illness and the relentless elements vide a substantial agricultural disaster pack- I. of nature in circumnavigating the globe unas- It is with sincere thanks and gratitude that I age, it does not make the changes which sisted on her 33,000-mile journey. She set a these farmers have requested. Uncapping the say good bye and good luck to Brent Ayer. remarkable example of perseverance and de- f marketing loan rates would have given pro- termination as she piloted her 36-foot yacht ducers more flexibility in handling the fiscal REPUBLICAN EDUCATION ``Amelia'' around the five great capes of the roller-coaster that these families have faced ACHIEVEMENTS world: Cape Horn, Cape of Good Hope, Cape and will continue to face in the coming years. Leeuwin, South East Cape of Tasmania, and Providing more effective crop insurance would HON. BOB SCHAFFER South West Cape of New Zealand. I was give farmers another important tool in their OF COLORADO proud to be in Port Angeles, WA, yesterday as tool box with which to combat the inherent and IN THE HOUSE OF REPRESENTATIVES the Mayor and City Council proclaimed Octo- uncontrollable risk of their business. Regard- Tuesday, October 20, 1998 ber 19, 1998, as Karen Thorndike Day in less of the long-term benefits to farmers of honor of this courageous woman. It was a these requests, the crop insurance program Mr. BOB SCHAFFER of Colorado. Mr. great day for Port Angeles, and I wanted to and the marketing loan program remain the Speaker, I rise today to clarify what has been share with my colleagues in the House of same. done in the 105th Congress regarding the Representatives the text of the proclamation Again, I commend the citizens of rural Min- many education issues facing our schools that Mayor Gary Braun presented on behalf of nesota who have spoken out about their need today. Work on education reform has now the City Council, so that Karen Thorndike can to have fair prices for the commodities which been completed, and I want to update my col- serve as an example of courage, determina- they produce. I agree with their request and leagues on the accomplishments of the Re- tion, and perseverance. regret that our leaders in Congress have not publican Congress, and the challenges of the PROCLAMATION IN RECOGNITION OF KAREN heard their plea. future. THORNDIKE DAY f During this Congress, we approved 22 Whereas, Karen Thorndike, the first Amer- major education initiatives, including: the ican woman to solo circumnavigate the H.R. 4679: THE ANTIMICROBIAL Reading Excellence Act (H.R. 2614), the Indi- world, is a native of Washington State; and REGULATION TECHNICAL COR- viduals with Disabilities Education Act (P.L. Whereas, This American pioneer in her 36- RECTIONS ACT OF 1998 105±17), a school nutrition bill (H.R. 3874), A+ foot yacht ‘‘Amelia’’, survived winds and Education Savings Accounts (H.R. 2646), a waves of terror south of the five Great Capes HON. TOM BLILEY quality Head Start bill (S. 2206), a charter of the world: Cape Horn, Cape of Good Hope, Cape Leeuwin, South East Cape of Tasmania, OF VIRGINIA schools bill (H.R. 2616), and the Dollars to the and South West Cape of New Zealand; and IN THE HOUSE OF REPRESENTATIVES Classroom grants (H.R. 3248). In addition, we Whereas, Karen Thorndike is only the sev- are sending $1.1 billion to the States to fill enth woman in the world to sail alone in Tuesday, October 20, 1998 teaching needs. These Republican initiatives open ocean around the globe; and Mr. BLILEY. Mr. Speaker, I would like to will send more Dollars to the classroom, honor Whereas, Karen Thorndike overcame seri- provide additional background information on State and local authority, promote quality in ous illness off the Falkland Islands, and com- Congress' intent and understanding regarding pleted her historic journey of more than our Nation's schools, and increase parental in- 33,000 nautical miles by returning to San H.R. 4679, the ``Antimicrobial Regulation volvement and responsibility. These common- Diego, California on August 18, 1998, two Technical Corrections Act of 1998.'' sense reforms will foster excellence in our Na- years and two weeks after departing San With the enactment of the Food Quality Pro- tion's schools while limiting Washington's con- Diego; and tection Act (FQPA) of 1996, changes were trol of the classroom. Whereas, Karen Thorndike became a role made in the definition of ``pesticide chemical'' Unfortunately, President Clinton, despite his model for youth and adults all over the and ``food additive'' under the Federal Food, rhetoric, has politicized and hampered our at- world by her inspirational example of perse- Drug, and Cosmetic Act (FFDCA). In addition, verance against the relentless elements of tempts to improve schools. The President has nature. FQPA added a definition of ``pesticide chemi- threatened to veto the Dollars to Classroom NOW, THEREFORE, I, GARY BRAUN, cal residue.'' These new definitions had a sig- Act, which would send $2.7 billion directly to Mayor, on behalf of the City Council of Port nificant and unintended impact on the regu- public schools, prepaid college tuition plans, Angeles, do hereby proclaim October 19, 1998, latory responsibility for approving the use of CONGRESSIONAL RECORD — Extensions of Remarks E2281 certain antimicrobial substances in food con- ethylene oxide and propylene oxide on both REGARDING LINDA BUSHELL tact applications. Historically, such substances raw agricultural commodities and processed were regulated by the Food and Drug Admin- food, including ground spices. Additionally, HON. SOLOMON P. ORTIZ istration (FDA) as food additives and were ap- use of ethylene oxide and propylene oxide on OF TEXAS proved by that agency under Section 409 of foods, including processed foods, will be a IN THE HOUSE OF REPRESENTATIVES the (FFDCA). With the FQPA definitional pesticidal use under FIFRA. changes, such substances now fall within the Tuesday, October 20, 1998 term ``pesticide chemical'' and are subject to 4. EPA would have regulatory authority over Mr. ORTIZ. Mr. Speaker, I rise to speak regulation by the Environmental Protection residues of antimicrobials used on semi-per- about and to congratulate a great teacher in Agency (EPA) under Section 408 of the manent or permanent food contact surfaces my Congressional District, Linda Bushell. FFDCA. other than food packaging. Similarly, EPA Linda Bushell, now an assistant principal at Since the passage of the FQPA in August would have regulatory authority over anti- Martin Middle School in Corpus Christi, Texas, 1996, these shifts in regulatory jurisdiction microbial substances impregnated in semi-per- is being recognized for her work with students have led to delays in the processing of peti- manent or permanent food contact surfaces when she taught history at Baker Middle tions for clearance of certain antimicrobials other than food packaging if the substance is School from 1990±May 1998. She is being under the FFDCA. In the interim, in addition to intended to serve the same purpose as appli- named to the All-USA Teacher Team, a rep- the losses to the companies with pending peti- cation of an antimicrobial to the exterior of resentative of all outstanding teachers who tions, the American public is losing the eco- such surface. daily work to open kids' minds and advance nomic and environmental advantages that their knowledge. Nineteen individuals and one these products may offer. An amendment 5. A ``grandfather/transitional'' provision team of four, were selected from 649 nomi- similar to the proposed technical correction would ensure that any regulation authorizing nees. was considered in October 1997, late in the the use of an antimicrobial substance that, These exceptional teachers are being hon- conference on the FDA Modernization Act under this legislation is not a pesticide chemi- ored for making a difference. They inspire us (FDAMA) but was deferred for later consider- cal use and thus is subject to FDA's regulatory not only as working professionals but also as ation. In the FDAMA Conference Report, how- authority under section 409, would be consid- citizens. Their extraordinary talent to connect ever, the conferees urged the interested par- ered a regulation issued under Section 409. with students and their ability to make learning ties to pursue a new vehicle to achieve resolu- Thus, after the passage of the amendment, all fun enables them to reach out to kids and help tion of this jurisdictional issue. antimicrobial products under FDA's food addi- them expand their horizons with special pro- The technical correction made by H.R. 4679 grams. Linda Bushell is one of four teachers does not remove any use of a substance from tive authority would be regulated under the same statutory authority. who began the Community Connection pro- regulation as a pesticide under the Federal In- gram in Corpus Christi, Texas, a program to secticide, Fungicide and Rodenticide Act Except as noted for ethylene oxide and pro- give at risk students an up-close look at why (FIFRA). Thus, any use of an antimicrobial in pylene oxide, this amendment would affect the academics are relevant to real-world success. the manufacture of packaging for both food regulation of antimicrobial pesticides only In this program Baker Middle School students and non-food applications that is a pesticidal under the FFDCA. EPA would continue to reg- volunteer at museums, hospitals, or other use under FIFRA would, in addition to FDA re- ulate antimicrobial pesticides under FIFRA, community sites, and observe professionals as view as a food additive, continue to be subject and EPA's authorities under that statute would well as hear them speak about what they do to pesticide registration under FIFRA. More- not be changed. Companies selling or distrib- on a daily basis. These volunteer opportunities over, the proposed legislative language does uting antimicrobial pesticides must apply to help inspire kids to be more than they believe not affect FDA's existing jurisdiction over anti- they can be or do. For example, one young microbial substances (with the exception of EPA for registration of their products. EPA will woman after volunteering at an office in the ethylene oxide and propylene oxide) used in review the applications under FIFRA sec. 3, Nueces County courthouse stated happily, ``I or on processed food, which are not ``pesticide which requires among other things that the chemicals'' under the FFDCA. products not cause ``unreasonable adverse ef- can really be a lawyer. Women can be law- H.R. 4679 would achieve the following: fects on the environment.'' That term is de- yers.'' The program gives students self-con- 1. Consistent with its traditional broad regu- fined in FIFRA sec. 2(bb) to mean: ``(1) any fidence and gives them a view of the real latory authority over food products and proc- unreasonable adverse effects on the environ- world outside of what they daily experience in school. essing, FDA would have authority under ment taking into account the economic, social, FFDCA Section 409 to regulate as food addi- Once again, I congratulate Linda Bushell for and environmental costs and benefits of the the superb job she does in the education tivesÐ use of any pesticide, and (2) a human dietary Those antimicrobial substances used in or arena for students in South Texas. We are for- risk from residues that result from a use of a on food, or water that comes into contact with tunate to have teachers like you teaching our food, if such substances are used where food pesticide in or on any food inconsistent with children. You deserve this recognition for you is prepared, packed or held for commercial the standard under section 408 of the Federal have given your heart and much hard worked purposes. Food, Drug, and Cosmetic Act . . .'' hours for our students. Keep up the work. Most antimicrobials used as food contact Thus, it is Congress' intent that EPA, in de- f substances, such as those used in the manu- ciding under FIFRA whether to grant, amend, THE BEST OF STAFF facture of food contact packaging. or cancel a registration for an antimicrobial 2. Consistent with EPA's traditional role in pesticide that poses a human dietary risk, reviewing uses of antimicrobials in agricultural shall take such action only if EPA determines HON. THOMAS J. MANTON applications, EPA would retain authority under OF NEW YORK that the risks from such residues are not in- FFDCA Section 408 to regulateÐ IN THE HOUSE OF REPRESENTATIVES Antimicrobials used on raw agricultural com- consistent with the safety standard in FFDCA Tuesday, October 20, 1998 modities, or on water used on such commod- sec. 408. Additionally, Congress intends that ities in the field; in a facility where raw agricul- in granting, modifying, or canceling a tolerance Mr. MANTON. Mr. Speaker, I rise to pay tural commodities are the only food treated, for a pesticide chemical residue under section tribute to my staff, both past and present, for and the treatment is in a manner that does not 408, EPA consider exposures to substances their fine work, dedication, and loyalty. change the status of the food as a raw agricul- regulated under section 409 where applicable. Mr. Speaker, today, I likely cast my last vote as a Member of this august body. For fourteen tural commodity (e.g., washing, waxing, fumi- Overall, the technical correction made by years, I have served proudly my constituents gating, and packing such commodities in such H.R. 4679 presents an opportunity to reverse of the 7th Congressional District of New York. a manner); or during transportation of raw ag- a change that Congress did not intend to ricultural commodities between the field and I hope that I have served them well. I would make and allow companies to bring these such a treatment facility. be remiss, however, if I did not acknowledge Under this legislation, Congress intends that beneficial antimicrobial products to market and praise the hard-working men and woman EPA will continue to regulate fumigants ap- without further unnecessary delay. Importantly, who have served with me. plied to stored raw agricultural commodities in shifting regulatory jurisdiction over certain anti- Congressional staff are all too often over- the above locations. microbial uses of FDA will continue to ensure looked in their daily duties and under-appre- 3. EPA would have regulatory authority public health protection provided by the ciated for their efforts. But, as my colleagues under FFDCA, over residues of the fumigants FFDCA. well know, this great democratic institution E2282 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 simply could not function without the good My good friend and colleague, Walter end of World War II, the evasion of com- work and commitment of our staff. McCaffrey, served me admirably as my very munism caused a massive immigration of Mr. Speaker, I have had the great good for- first District Chief of Staff. He later went on to Latvians to the United States, during which tune to have what I consider to be one of the win election to the New York City Council, more than 2,500 displaced Latvians chose the best offices in the Congress and I offer this where he still serves with distinction in the Cleveland area as their home. statement as a small tribute to their good seat I once held. This community of Latvian immigrants has deeds. While individual staffers have come The rest of my current staff have all played grown throughout the years, entering Ameri- and gone over the years, the office has al- an important role in keeping me informed and ca's economic and educational mainstream, ways functioned as a team, always striving to knowledgeable of a multitude of issues and but always maintaining their Latvian heritage do their best for me and for the citizens of concerns. As I said before, they are the real by sharing native foods, folk songs and danc- Queens and the Bronx. I thank them all from backbone of a successful Congressional of- ing with their neighboring communities. The the bottom of my heart. fice. Latvian organizations in Cleveland have pro- Mr. Speaker, I would like to take this oppor- Cinnamon Rogers, my Legislative Director, moted and preserved their native values and tunity to mention a few of my closest and has done a yeoman's job for me on tele- culture, as well as worked to expose the rav- longest served staffers; individuals who I have communication and finance issues under the ages of communism. They contributed to the come to rely upon without hesitation and Commerce Committee. Matt Socknat, has dream and final reality of an independent Lat- whom I consider to be friends. helped me obtain crucial funding for cleaning- via, when the country regained its independ- Jim Mathews, my current Chief of Staff, has up a local water body and successfully fought ence in 1991, after 50 years of Soviet domina- served with me for over ten years. First as my to stop additional flights in and out of tion. Legislative Assistant for Merchant Marine and LaGuardia Airport. Maggie Berman has done My fellow colleagues, please join me in hon- Fisheries, later as my Legislative Director, and a great job juggling my schedule while working oring Latvia's 80th Independence Day celebra- then as my Staff Director for the Subcommit- on a number of tricky legislative issues. Adam tion in the Greater Cleveland area. This event tee on Fisheries Management. After a two Wolf has brought a unique sense of humor, commemorates the many accomplishments of year stint as the Deputy Assistant Adminis- dedication, and caring to his staff position. No this community, and it recognizes the struggle trator for the Office of Solid Waste and Emer- one is better at obtaining White House tour to gain the freedom they have enjoyed for the gency Response at the U.S. Environmental tickets. past eight decades. Latvian-Americans con- Protection Agency, Jim was kind enough to re- In my District Office, Angela Dekker has had tinue to hold on to their Latvian heritage, cul- turn to work for me in his current position. the unenviable task of keeping my schedule Steve Vest was with me from the start, first ture, traditions and maintain ties with family straight, and has done so with alacrity. Irene as my Legislative Director and then as my and friends who live in their native land. Chief of Staff for many years. He has gone on Baker has done an outstanding job taking over f to a successful career as Vice President of the office's press duties and working with my constituents on a multitude of issues. Julia Ji- TRIBUTE TO FRANCES LOUISE Government Affairs with Rupert Murdoch's JACKSON BALTIMORE News Corporation. His advise and counsel al- menez has slogged through countless immi- ways served me well. gration cases without missing a beat. The two David Springer served as my first Chief of newest District staffers, Ivan Lavios and Tim HON. CORRINE BROWN Staff. Without David's excellent political insight Higgins, have brought a new zest and deter- OF FLORIDA and working knowledge of the Congress, I mination to working with my constituents. And, IN THE HOUSE OF REPRESENTATIVES could not have been as successful as I was Fran Mahony Reilly, my Bronx District Office Tuesday, October 20, 1998 Manager, has successfully taken on the re- early on in my House service. He has since Ms. BROWN of Florida. Mr. Speaker, I rise put his skills to work as a partner in the pres- sponsibilities of a several person office all by today to pay tribute to a remarkable woman tigious Washington Group. herself. Without her, I simply could not have who has recently departed this life. Frances John Olmsted, my Office Manager, has adequately represented my Bronx constitu- been with me since I took the oath of office in ency. Louise Jackson Baltimore (1918±1998) was a 1985. How a son of Minnesota made his way Mr. Speaker. Finally, I would like to mention wonderful mother, wife, and friend to many. to the office of a Congressman from New York a few other members of my staff, both past She was born to the late Cornelius Jackson City I do not know, but I am glad he did. John and present, who have made my offices very and Fannie Burrells Jackson on June 18, 1918 has kept our computers running and my ex- special over the years: John Feeney, Rodney in Linden, Virginia. She married at an early pense account straight. I will miss his advice Bedford, Sean McIntyre, Jorge Rodriguez, age to Bishop Eugene E. Baltimore, and gave on the market as I head towards retirement. Tom Messina, Tara Thompson, John Smythe, birth to six childrenÐAnna, Florence, Barbara Brian Browne has served me well as my Neal Fenton, and Peter Praeger. I am leaving Jean, Eugene, Wilbert, and Darlene. She was Queens District Office Manager. Balancing a many individuals out of this list, but I hope preceded in death by Barbara Jean, Eugene, new family with the long hours of a District they understand that they all played a very im- and Darlene. staffer meeting with constituents at almost any portant part in keeping the offices running and Frances attended the Cherry Hill Elementary hour of day or night, Brian has done a great the constituents of the 7th Congressional Dis- School in Linden, Virginia. She married Bishop job. I wish him well in his new career at my trict happy. Eugene Baltimore in Front Royal, Virginia, and alma mater, St. Johns University. Mr. Speaker, again I congratulate and thank they relocated to Johnsontown, Jefferson Lizzy O'Hara has been my eyes and ears all of my staff for their many years of service. County, West Virginia. She and Eugene raised on issues relating to Ireland and Irish Ameri- I will miss them, as I will miss my colleagues five children, and ran a clean, tidy household cans. I take some small credit for helping and this great institution. of modest means. She had numerous skills, move along the peace process in Northern Ire- f many of which she passed on to her children, land, which culminated in the Good Friday Ac- including sewing, cooking, canning and pre- cord. My success in this regard owes much to HONORING LATVIAN serving, and decorating. She worked very hard the tenacity, gregariousness, and hard-work of INDEPENDENCE DAY to raise a proper family during the depression Lizzy. era. Elaine Simek, now a prominent securities HON. DENNIS J. KUCINICH After her children were grown, Frances lawyer in New York, previously served as my OF OHIO moved to New York City where she received Legislative Director and my right-hand-woman IN THE HOUSE OF REPRESENTATIVES her GED and earned a Certificate of Comple- on Irish issues. Her dedication over the years tion in Geriatric Nursing. She lived and worked helped make the Congressional Ad-Hoc Cau- Tuesday, October 20, 1998 in New York for more than 20 years and was cus on Irish Affairs the successful organization Mr. KUCINICH. Mr. Speaker, I rise today to active in the lives of friends and family there. it is today. And, like me, she was able to hold recognize Cleveland's Latvian community in She later took up residence in Annapolis, down a full-time job while getting her law de- celebrating 80 years of independence. Lat- Maryland, in 1982, and became a member of gree at night school. vian-Americans have become an important her son Wilbert's church, the Holy Temple Ca- Bill Driscoll and Fran Kraft both served as part of this area, enriching it with their native thedral Church of God. my District Office Managers for many years. heritage and lively culture. Frances was the matriarch of a very tal- Their knowledge of the District and local poli- The Latvian Community in Cleveland traces ented family. Her offspring have gone on to tics kept me out of hot water more times than back its origins to 1897, when 28 families become successful professionals, many of I care to remember. formed the Emmanuel Lutheran Parish. At the whom earned advanced degrees and served CONGRESSIONAL RECORD — Extensions of Remarks E2283 honorably in the military. On October 11, represents the credentials or the conditions of We are facing a dire situation with regard to 1998, Frances succumbed to Alzheimer's Dis- the day care provider: (1) Credentials licenses affordable housing needs in this country. Low- ease. She will be remembered as a stylish, or permits that the provider or the staff pos- to moderate-income residents receiving hous- dedicated woman, who always knew how to sesses; (2) Number of children for whom they ing assistance are on the cusp of a crisis and make a little go a long, long way. care; (3) Quality of the day care facilities. Congress must act to attempt to avert the f Most states do not have adequate criminal breakdown and loss of the national public and laws in this arena. Critical gaps that would assisted housing stock. Without preservation, QUALITY DAY CARE PROTECTION safeguard the basic health and safety stand- the best of the worst case scenarios is a ACT OF 1998 ards for child care exist. In many states, there ``vouchering out'' of what little affordable hous- are standards but they are not consistently en- ing remains. SPEECH OF forced. For example, many states do not re- Some states are allocating resources to HON. RICK LAZIO quire small, in-home day care providers to save federally subsidized housing for the fu- OF NEW YORK apply for a license. Those providers are not in- ture. In my home state of Minnesota, where IN THE HOUSE OF REPRESENTATIVES spected. Even when states require in-home 10% of the roughly 50,000 units of assisted providers to be licensed, most of the time housing are at risk, $10 million was appro- Thursday, October 15, 1998 there are no inspections. priated in 1999 for an Affordable Rental In- Mr. LAZIO of New York. Mr. Speaker, I rise Today, millions of parents have no choice. vestment Fund to finance the acquisition, re- today because an increasing number of moms They must make ends meet to pay the bills. habilitation and debt restructuring of federally and dads are placing their loved ones in day So, they are forced to place their loved ones assisted rental property and for making equity care. The time is right for me to introduce a in child care while they work. Currently, 77 take-out loans. This laudable effort, however, new bill, The Quality Day Care Protection Act. percent of all women with children under 17 is only one state and even there, the re- This bill has two parts: (1) A misdemeanor for hold a job. Each day, about 13 million children sources allocated cannot match the great a person who misrepresents intentionally the under the age of six spend part of their day in need for affordable housing, especially for credentials of the day care provider or the day care. There are six million infants and tod- seniors and those with special needs, other conditions of the care provided and (2) A fel- dlers who are being cared for by people that states and local governments must step for- ony for a person who causes serious physical parents are hoping they can trust. ward with funding to help, Federal housing injury to a child under his care. This bill gives Every parent wants to feel secure in know- policy should encourage and facilitate such parents the peace of mind knowing that their ing their loved ones are receiving quality day action. children are safe and secure while being care. Quality care means providing a safe and H.R. 4838 recognizes these kinds of com- cared for by responsible, reliable, licensed healthy environment where care givers safe- mitments and matches them with two federal professional day care professionals. guard infants and nurture their development. dollars for every State dollar. If there is not Last July in Albany, New York, a couple left Quality care means having a minimum number funding for the federal Low Income Housing their three-month old daughter, Julia, in the of children for each care giver. The best of all Preservation and Resident Homeownership care of a licensed, in-home day care provider. worlds means every child in day care receives Act (LIHPRHA) perhaps this new Housing The provider lied about the number of children as much one-on-one attention as possible. Preservation Matching Grant can encourage a for whom she cared on a daily basis. The pro- This bill gives moms and dads what they de- forestallment of prepayment, which places vider left Julia alone. The baby had been serveÐthe peace of mind that goes with low-income families at risk of losing their placed in a swing and left unattended. Julia knowing their children are safe and secure homes. With action and enactment of this bill was not supervised for twenty minutes. During when in the arms of a day care professional. in the next Congress we could provide a that time, Julia threw up her food and choked The Quality Day Care Protection Act is a benchmark for states and local communities to on her own vomit. She was rushed to a local fair bill. Prosecutors will be allowed to pursue work from and with as they produce their own hospital, placed on life support, and tragically day care providers that deliberately break the initiatives to avert this pending national crisis she was diagnosed as brain dead. law. Parents will see justice done when their in affordable housing. The critical fact in this horrible story is that child is seriously injured or dies. I urge my col- A section-by-section of H.R. 4838 follows: the day care provider lied. She told Julia's par- leagues to support this legislation. Section 1. Short title ents that she was caring for four children. An f The short title of the Act is the ‘‘Housing official investigation discovered that eight chil- H.R. 4838, THE HOUSING PRESER- Preservation Matching Grant Act of 1998’’. dren were receiving care. VATION MATCHING GRANT OF Section 2. Findings and purpose I must tell you another tragic story. Last 1998 (a) Findings.—The Congress finds that— January, three month old Jeremy Fiedelholtz (1) more than 55,300 affordable housing was being cared for by a licensed, in-home dwelling units in the United States have day care operator. The parents left Jeremy HON. BRUCE F. VENTO been lost through termination of low income OF MINNESOTA affordability requirements, which usually in- with the professional for two hours. It was a IN THE HOUSE OF REPRESENTATIVES volves the prepayment of the outstanding trial run; the parents were deciding if this day principal balance under the mortgage on the care professional was one they could trust. Tuesday, October 20, 1998 project in which such units are located; When the Fiedelholtz' returned they found Jer- Mr. VENTO. Mr. Speaker, on October 14, (2) more than 265,000 affordable housing emy face down in a crib, in a pool of his own 1998, I introduced, H.R. 4838, the Housing dwelling units in the United States are cur- vomit, dead. The state of Florida had licensed Preservation Matching Grant of 1998, which rently at risk of prepayment; this facility to care for six children, but this (3) the loss of the privately owned, feder- would authorize the Secretary of HUD to make ally assisted affordable housing, which is oc- woman had taken in thirteen children that day. grants to States to supplement State assist- curring during a period when rents for unas- On the day that Jeremy died, while the owner ance for the preservation of affordable housing sisted housing are increasing and few units ran errands, all 13 children were left at the for low income families. of additional affordable housing are being de- mercy of a poorly trained staff person who I consider this bill advance notice for the veloped, will cause unacceptable harm on was not CPR certified. The provider lied to agenda of the 106th Congress which should current tenants of affordable housing and Jeremy's parents. begin in allocating resources to match the ef- will precipitate a national crisis in the sup- The circumstances surrounding the deaths forts of some States in preserving affordable ply of housing for low-income households; (4) the demand for affordable housing far of these two infants are frighteningly similar. In housing units across this nation. During the exceeds the supply of such housing, as evi- both cases, the day care provider misrepre- consideration of the FY 1999 VA, HUD and denced by studies in 1998 that found that (A) sented to parents about how many children Independent Agencies Appropriations bill, I at- 5,300,000 households (one-seventh of all rent- would be accepted daily, who would be re- tempted to offer an amendment that would ex- ers in the Nation) have worst-case housing sponsible for caring for the child, and the pand the notification a tenant receives from 60 needs; and (B) the number of families with at qualifications of the person who would care for days to 12 months that a building's mortgage least one full-time worker and having worst- the child. Two children died after the day care will be prepaid, ending its lower income afford- case housing needs from 1991 to 1995 by 265,000 (24 percent) to almost 1,400,000; professional misrepresentations. In both ability. In the end, we succeeded in achieving (5) the shortage of affordable housing in cases, the only recourse for the parents was a five-month notification requirement. A great- the United States reached a record high in in civil court. No federal or state criminal law er victory, however, would be to achieve the 1995, when the number of low-income house- applied. Under my bill, a crime will be commit- long-term preservation of those housing units holds exceeded the number of low-cost rental ted if a day care provider intentionally mis- as affordable housing. dwelling units by 4,400,000; E2284 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 (6) between 1990 and 1995, the shortage of law and to extend any low-income afford- TRIBUTE TO REVEREND AL affordable housing in the United States in- ability restrictions applicable to the project. SHARPTON creased by 1,000,000 dwelling units, as the (d) Projects purchased by residents.—A supply of low-cost units decreased by 100,000 project meets the requirements under this ´ and the number of low-income renter house- subsection only if the project— HON. JOSE E. SERRANO holds increased by 900,000; (1) is or was eligible housing under OF NEW YORK (7) there are nearly 2 low-income renters in LIHPRHA of 1990; and (2) has been purchased IN THE HOUSE OF REPRESENTATIVES the United States for every low-cost rental by a resident council for the housing or is Tuesday, October 20, 1998 dwelling unit; approved by HUD for such purchase, for con- (8) 2 of every 3 low-income renters receive version to homeownership housing as under Mr. SERRANO. Mr. Speaker, I rise today to no housing assistance and about 2,000,000 LIHPRHA of 1990. pay tribute to a great civil rights leader and low-income households remain on waiting (e) Combination of assistance.—Notwith- political figure, an outstanding individual who lists for affordable housing; standing subsection (a), any project that is has devoted his life to his family and to serv- (9) the shortage of affordable housing otherwise eligible for assistance with grant ing the community, the Reverend Al Sharpton. dwelling units results in low-income house- amounts under (b) or (c) and also meets the Still in his early 40's, Sharpton for the past two holds that are not able to acquire low-cost requirements of the (1) in either of the other rental units paying large proportions of their subsections—that is, it is a 221(d)(3), decades has played a major role in virtually incomes for rent; and 221(d)(5), or a 236 building, or, is subject to a every significant movement for civil rights, em- (10) in 1995, 82 percent of low-income renter contract for project-based assistance—will powerment, and social and economic justice. households were paying more than 30 percent be eligible for such assistance only if it com- Born October 3, 1954, to Alfred Sr. and Ada of their incomes for rent and utilities. plies with all the requirements under the in Brooklyn, New York, Reverend Sharpton (b) Purpose.—It is the purpose of this Act— other subsection. grew up in Brooklyn and Queens in a Black (1) to promote the preservation of afford- Section 5. Grant amount limitation middle-class family. After his parents sepa- able housing units by providing matching The Secretary can limit grants to States rated, Sharpton's mother became a domestic grants to States that have developed and based upon the proportion of such State’s worker and raised him and his sister in the funded programs for the preservation of pri- need compared to the aggregate need among vately owned housing that is affordable to ghettos of Brooklyn. He attended public all States approved for such assistance for low-income families and persons and was schools, graduating from Tilden High School in such a fiscal year. produced for such purpose with Federal as- 1972. While at Tilden, young Sharpton distin- sistance; Section 6. Matching requirement guished himself. He served as vice-president (2) to minimize the involuntary displace- (a) In general.—The Secretary of HUD can- of the Student Government Association, Presi- ment of tenants who are currently residing not make a grant that exceeds twice the dent of the Afro-American Club and Co-Editor in such housing, many of whom are elderly amount the State certifies that the State of the school's newspaper, The Gadfly. He will contribute for a fiscal year, or has con- or disabled persons; and was also a member of the debating team, the (3) to continue the partnerships among the tributed since January 1, 1998, from non-Fed- Federal Government, State and local govern- eral sources for preservation of affordable Forum Club, and the Panel of Americans. ments, and the private sector in operating housing as described in Section 4(a). Sharpton went on to Brooklyn College, major- and assisting housing that is affordable to (b) Treatment of previous contributions.—Any ing in contemporary politics, leaving after his low-income Americans. portion of amounts contributed after 1.1.98, sophomore year. Section 3. Authority that are counted for a fiscal year, may not Sharpton began his ministry at the age of be counted for any subsequent fiscal year. four. At that tender age, he preached his first Provides the Secretary of HUD with the (c) Treatment of tax credits.—Low Income authority to make grants to the States for sermon, ``Let Not Your Heart Be Troubled,'' to Housing Tax Credits (LIHTC) and proceeds hundreds at Washington Temple Church in low-income housing preservation. from the sale of tax-exempt bonds shall not Section 4. Use of Grants be considered non-federal sources for pur- Brooklyn. The legendary Bishop F.D. Wash- (a) In general. —Grants can only be used for poses of this section. ington was his mentor throughout his adoles- assistance for acquisition, preservation in- Section 7. Treatment of subsidy layering re- cent years. By age 9, Sharpton was licensed centives, operating cost, and capital expendi- quirements and ordained by Bishop Washington and ap- tures for the housing projects that meet the Neither section 6 or any other provision of pointed Junior Pastor of the 5,000 member requirements in (b), (c) or (d) below. this Act should prevent using the Low In- Washington Temple congregation. The young (b) Projects with HUD-insured mortgages.— come Housing Tax Credit in connection with minister also began preaching throughout the (1) The project is financed by a loan or housing assisted under this Act, subject to United States, Canada, and the Caribbean, as mortgage that is—(A) insured or held by the following Section 102(d) of the HUD Reform the ``Wonder Boy Preacher.'' He made one Secretary under 221(d)(3) of the National of 1989 and section 911 of the Housing and tour with gospel great Mahalia Jackson. Housing Act and receiving loan management Community Development Act of 1992. assistance under Section 8 of the U.S. Hous- Mr. Speaker, at age 12, Reverend Sharpton ing Act of 1937 due to a conversions for sec- Section 8. Applications became interested in politics. He was mes- tion 101 of the Housing and Urban Develop- The Secretary shall provide for States to merized by Harlem Congressman Adam Clay- ment Act of 1965; (B) insured or held by the submit applications for grants under this ton Powell, Jr. (D±NY). During Rev. Powell's Secretary and bears interest at a rate deter- Act with such information and certifications New York trips, Sharpton would join his entou- mined under 221(d)(5) of the National Hous- that are necessary. rage, and in 1967 he formed the Youth Com- ing Act; (c) insured, assisted, or held by the Section 9. Definitions mittee for Powell, to protest the Congress- Secretary or a State or State Agency under For this Act, the following definitions man's expulsion from the House of Represent- Section 236 of the National Housing Act; or apply: atives. At age 14, Sharpton became involved (D) held by the Secretary and formerly in- (1) Low-income affordability restrictions.— sured under a program referred to in (A), (B) With respect to a housing project, any limi- in the Greater New York chapter of the South- or (C); tations imposed by regulation or agreement ern Christian Leadership Conference (SCLC), (2) the project is subject to an uncondi- on rents for tenants of the project, rent con- founded by Rev. Dr. Martin Luther King, Jr. tional waiver of, with respect to the mort- tributions for tenants of the project, or in- Sharpton was appointed Youth Director of the gage referred to in paragraph (1)— come-eligibility for occupancy in the SCLC by Rev. Jesse L. Jackson and Dr. Wil- (A) all rights to any prepayment of the project. liam A. Jones, Jr. His tasks were to organize mortgage; and (B) all rights to any vol- (2) Project-based assistance.—Is as defined in youth to picket and demonstrate against dis- untary termination of the mortgage insur- section 16(c) of the U.S. Housing Act in 1937, criminatory practices. ance contract for the mortgage; and except that such term includes assistance (3) the owner of the project has entered under any successor programs to the pro- In November of 1993, Reverend Sharpton into binding commitments (applicable to any grams referred to in that section. was appointed the National Director of the Na- subsequent owner) to extend all low-income (3) Secretary.—Means the Secretary of the tional Rainbow Coalition's Minister Division by affordability restrictions imposed because of Department of Housing and Urban Develop- Rev. Jesse L. Jackson, its President and any contract for project-based assistance for ment. Founder and Rev. Dr. Wyatt Tee Walker, the project. (4) State.—Means the States of the U.S., Chairman of the Ministers Division. Sharpton (c) Projects with section 8 project-based assist- DC, Puerto Rico, the Northern Mariana Is- serves in this position as he continues as ance.—A project meets the requirements lands, Guam, the Virgin Islands, American president of National Action Network. under this subsection only if— Samoa, and any other territory or possession (1) the project is subject to a contract for of the U.S. Reverend Sharpton's political career has project-based assistance; and (2) the owner Section 10. Gives the Secretary authority challenged the New York political establish- has entered into binding commitments (ap- to issue any necessary regulations. ment. plicable to any subsequent owner) to extend Section 11. Authorizes $500,000,000 from 1999 In 1992, running for the U.S. Senate in the such assistance for a maximum period under through 2003 for grants under this Act. Democratic primary against three formidable CONGRESSIONAL RECORD — Extensions of Remarks E2285 and well-financed candidates, Sharpton won trations of Tuskegee University, Fisk Univer- INTERNATIONAL ANTI-BRIBERY 15% of the total statewide vote, 21% of the sity and Harvard University. Under his leader- ACT OF 1998 New York City vote and 70% of the statewide ship, Hampton University has grown in promi- SPEECH OF Black vote. In 1994, Sharpton astounded pun- nence as well as in physical stature. The stu- dits by running against U.S. Senator DANIEL dent population has more than doubled, in- HON. EDWARD J. MARKEY PATRICK MOYNIHAN, then Chair of the Senate creasing from 2,700 to 6,000, and the average OF MASSACHUSETTS Finance Committee. Though outspent over 10 student SAT score has increased by 300 IN THE HOUSE OF REPRESENTATIVES to 1, Sharpton received 26% of the statewide Wednesday, October 14, 1998 vote, 33% of the New York City votes, and points. Forty-five academic programs have over 80% of the statewide black vote. In Sep- been added, including graduate degree pro- Mr. MARKEY. Mr. Speaker, S. 2375, the tember 1997, Sharpton achieved his greatest grams in Business Administration, Museum ``International Antibribery and Fair Competition political feat. Though outspent 20 to 1, Studies, Applied Mathematics and Chemistry, Act of 1998'' is important legislation for this Sharpton came within a fraction of 1% of forc- with PhD programs in Physics, Pharmacy, Congress to approve and for the President to ing the first Democratic primary runoff for Physical Therapy and Nursing. Eleven build- sign. I am an original cosponsor of the House Mayor of New York City. ings have been erected, including the William companion to this measure and fully support Reverend Sharpton is married to noted R. and Norma B. Harvey Library, the L. Doug- the bill we are approving today. International bribery and corruption continue songstress Kathy Jordan and they have two las Wilder Dormitory, a Convocation Center daughters, Dominique, age 11 and Ashley, to be problems worldwide and the Administra- and a Science and Technology building, and age 10. tion has done excellent work in gaining con- Mr. Speaker, I ask my colleagues to join me some $35,000,000, has been spent on the sensus among a large number of nations to in paying tribute to a great civil rights leader renovation of existing buildings. During the crack down on these corrupt practices. The and political figure, the Reverend Al Sharpton. same period, Hampton's endowment has Commerce Department has stated that it has f grown from $29 million to over $130 million. learned of significant allegations of bribery by foreign firms since 1994 totalling over $100 KHALISTANI LEADER REC- Dr. Harvey's visionary zeal has not been limited to the campus of Hampton University. billion. Taking action today to update the For- OMMENDED FOR NOBEL PEACE eign Corrupt Practices Act (FCPA) in concert He brought about the development of the PRIZE with action to be taken by our major trading Hampton Harbor Project, a residential and partners, is designed to achieve an inter- HON. DAN BURTON commercial development which includes 246 national marketplace of greater integrity and OF INDIANA apartments and 60,000 square feet of busi- fairness. IN THE HOUSE OF REPRESENTATIVES ness space for lease. This project contributes Most of the provisions of this bill are iden- Tuesday, October 20, 1998 funds for student scholarships, provides jobs tical to the provisions which passed the House for area workers and tax revenues to the City a few weeks ago. Much time has been spent Mr. BURTON of Indiana. Mr. Speaker, a of Hampton. His contributions to the broader over the last few days to nail down provisions resolution was passed at last week's annual that are integral to any legislation hoping to convention of the Council of Khalistan that Hampton Roads community have been signifi- cant, as well. He was Chairman of a record- pass muster as a comprehensive antibribery recommends Dr. Gurmit Singh Aulakh for the and fair competition measure. The legislation setting $6.6 million Virginia Peninsula United Nobel Peace Prize. As you know, Dr. Aulakh we are sending back over to the Senate takes has served as the Council's President for the Way Campaign. To expand opportunities for modest steps toward a more equitable market- past eleven years. at-risk youth on the Peninsula, he established place environment for international satellite Dr. Aulakh has worked for the freedom of the Job Education Training (JET) corps to pro- telecommunications. The simple fact is that Punjab, Khalistan ever since it declared its vide academic improvement and job skills INTELSAT and Inmarsat are intergovern- independence in 1987 from India. The Council training to selected at-risk youth, and Project mental organizations that compete in the mar- of Khalistan has repeatedly stated its commit- H.O.P.E. (Hampton Opportunity Program for ketplace against private U.S. companies. This ment to peaceful, democratic, nonviolent is unfair. Everyone recognizes that this must means to achieve this goal. They have con- Enhancement), a special admission, scholar- change. Even the U.S. signatory to these or- sistently and strongly rejected militancy. ship and support program for students who ganizationsÐCOMSATÐrealizes that this situ- For his tireless work to liberate the Sikh demonstrate the academic ability, but do not ation has to change. No entity in the global homelandÐPunjab, KhalistanÐand for his have the full credentials, for admission to marketplace ought to enjoy special privileges persistence in exposing Indian repression of Hampton. when competing against private American the people of South Asia, I believe Dr. Aulakh The business acumen that Dr. Harvey ex- companies. American jobs and innovation are would be an excellent candidate for the Nobel hibited in his leadership at Hampton was also at stake. Peace Prize. I congratulate the delegates for manifested in the greater business community. It is not surprising that intergovernmental or- recommending him, and I proudly add my ganizations will do everything they can to per- voice to those suggesting that he receives this He is the owner of the highly successful petuate their current existence. It is also not distinguished award. Pepsi-Cola Bottling Company in Houghton, surprising that monopolies and dominant pro- Mr. Speaker, I would like to place the reso- Michigan, and he serves on the Boards of Di- viders will do everything they can to squash lution recommending Dr. Aulakh for the Nobel rectors of First Union National Bank, Newport the competition. That is why it is often incum- Peace Prize into the CONGRESSIONAL RECORD. News Shipbuilding, Inc., and Trigon Blue bent upon policymakers to act to curtail anti- f Cross/Blue Shield of Virginia. He has gener- competitive activity. DR. WILLIAM R. HARVEY, PRESI- ously contributed his business skills to the In the international arena, American compa- DENT, HAMPTON UNIVERSITY— public, serving on national advisory boards nies are trying to gain market access and win IN COMMEMORATION OF THE under four U.S. Presidents, and currently markets while intergovernmental organizations 20TH ANNIVERSARY OF HIS serves as a member of the Board of the Vir- are trying everything in their power to slow PRESIDENCY ginia Museum of Fine Arts. down American competitors, using intergov- Dr. Harvey was born in Brewton, Alabama. ernmental privileges and hiding anticompetitive action against American companies behind the HON. ROBERT C. SCOTT He is a graduate of Talledega College and OF VIRGINIA cloak of special immunity granted ages ago. earned a doctorate in College Administration This has to end. What this legislation provides IN THE HOUSE OF REPRESENTATIVES from Harvard University. He is married to the is a modest step to level the proverbial playing Tuesday, October 20, 1998 former Norma Baker of Martinsville, Virginia; field. No marketplace participant ought to be Mr. SCOTT. Mr. Speaker, I rise to call atten- they have three children. immune from the legal parameters of the mar- tion to the record of excellence and outstand- Mr. Speaker, I commend to you the ketplace, no intergovernmental organization ing contributions amassed over the past 20 achievements of Hampton University President ought to compete against the private sector in years by Dr. William R. Harvey as the 12th William R. Harvey and ask that they be made delivering service to consumers. President of Hampton University. The bill before us contains provisions to ad- a part of the permanent record of this body. Dr. Harvey came to Hampton in 1978 fol- dress the special advantages of the intergov- lowing a record of achievement in the adminis- ernmental satellite organizations and to ensure E2286 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 that they do not improperly escape coverage career in various political activities at the age of Men at Jackson State University. Following by the FCPA. Thus the legislation is designed of 4, when she was forced to ride in the back a short period at Jackson State University, he to make clear that bribery of intergovernmental of the bus. Since that time, she has been priv- moved on and propelled his career becoming organizations does not escape the coverage ileged to work with several local and nationally Professor of Counselor Education and Chair- of the FCPA. renowned and distinguished civil rights leaders man of the Department of Educational Leader- It also contains provisions to remove the including Clarence Mitchell Sr., Earl V. ship and Human Services at Florida A&M Uni- special advantages of such organizations. The Dickerson of Chicago, Roy Wilkins Jr., and versity. From 1966 to 1968, he served as the legislation stipulates that international organi- late Irving Andrews, Medgar Evers, Walter Director of the Desegregation Center and Pro- zations providing commercial communications White, A.J. Noel Sr., and Mrs. Gladys Noel fessor of Counselor Education at the Western services shall not be accorded immunity from Bates. Kentucky University. After his service to West- suit or legal process in connection with their She has worked and participated in eco- ern Kentucky, he returned to Florida A&M Uni- role as a provider, directly or indirectly, of nomic boycotts, the historical desegregation versity in 1968 to serve as professor of Coun- commercial telecommunications services to, struggles of hotels in Atlanta, Georgia, voter selor Education and once again became Chair from, or within the U.S. I believe this is an im- registration drives, and helped to change the of the department. Until his health required portant step forward and one which recog- hiring practices toward achieving a more inte- him to withdraw from administrative duties, Dr. nizes that American companies should not grated work force at major retailers in Denver, Beck chaired his department for 30 years. He suffer competitive disadvantages due to privi- including the old Denver Dry, King Soopers, served as Professor of Counselor education leges and immunities enjoyed by intergovern- Safeway, and several movie theaters. She ac- until his death. mental organizations competing with the pri- tively fought for funding for the businesses af- He will be remembered by thousands of stu- vate sector but having failed to fully privatize fected by the Light Rail construction in the his- dents who recall his traveling throughout the in a pro-competitive manner. In addition, the toric Five Points area and continues to over- state teaching extension courses long before bill directs the President to secure the elimi- see the efforts of the RTD Board to increase the interstates and turnpikes were a part of nation, or substantial reduction, of all privi- financial support for these businesses. our lives. He traveled roads up and down the leges and immunities that are accorded Ms. Holliday is currently a member of the state spreading goodwill for Florida A&M Uni- Intelsat and Inmarsat. NAACP, the Urban League of Metropolitan versity, emphasizing ``Excellence With Caring'' Given that this will be the first time in a Denver, and the East Montclair Association. A for our present and new educators. Moreover, great number of years that the Congress has member of Macedonia Baptist Church, she The Heart Transplant Support Group, his fa- spoken on international satellite communica- sings with the Martin Ensemble and Mass vorite among many affiliations, will remember tions I believe it underscores the strong bipar- Choir. She is also a vocalist with the Denver his diligent support to them after he became a tisan desire of the Congress to move expedi- Jazz Orchestra (DJO) and a member of the heart transplant recipient in 1988. His family tiously toward a pro-competitive privatization Delta Sigma Theta sorority. will recall the moments they spent together of the intergovernmental organizations. Taken I am honored to join together with CBWPA growing flowers and vegetables, feeding in the context of the overwhelming vote this and the Denver metropolitan community in ducks, and attending football games near and year for H.R. 1872 in the House, the direction recognizing Ms. Holliday, who continues to far. Dr. Beck will also be remembered for of policy desired by Members of Congress is serve both her professional and personal affili- being considerate and compassionate, and for clearly toward putting all companies on even ations with strength, purpose, and integrity. always having a positive word about others. footing and letting the marketplace decide win- f He leaves to us his wife Jacqueline Bolden ners and losers. Our overarching goal is a Beck, who shared 41 years of marriage, his freely open competitive marketplace bringing TRIBUTE TO JAMES D. BECK daughter Juanda Beck-Jones, and grand- to an end the era of government sanctioned daughter Elizabeth Anne Jones who I am sure communications cartels in satellite commu- HON. CORRINE BROWN are very proud of him and his accomplish- nications. OF FLORIDA ments as a family man and professional. I want to commend the leadership and te- IN THE HOUSE OF REPRESENTATIVES As a former student of his, I am proud to nacity of Chairman BLILEY in ensuring that Tuesday, October 20, 1998 pay tribute to the life and legacy of this great these important satellite provisions are in this man. comprehensive bill. I want to also commend Ms. BROWN of Florida. Mr. Speaker, I rise the work of Chairman MIKE OXLEY, Mr. DIN- today to pay tribute to Dr. James D. Beck, a f GELL, as well as our Senate counterparts. In friend and former college professor of mine. addition, I want to also salute the work of our He was a brilliant and outstanding educator TRIBUTE TO HELEN WALTON Commerce Secretary Bill Daley, for spear- who devoted his extraordinary career to creat- heading this effort from the Administration and ing new frontiers in counselor education as a HON. ASA HUTCHINSON for the excellent result we have achieved due psychologist while serving his community and to his effort. being dedicated to his wife and family. Dr. OF ARKANSAS f Beck was a giant in his field and one of the IN THE HOUSE OF REPRESENTATIVES most distinguished professors in the history of Tuesday, October 20, 1998 TRIBUTE TO MS. GLORIA E. Florida A&M University. HOLLIDAY Dr. Beck was born in McCarley, Mississippi Mr. HUTCHINSON. Mr. Speaker, I rise on May 25, 1925. He departed this life August today to pay tribute to a true philanthropist. HON. DIANA DeGETTE 13, 1998, at the age of 73, leaving behind a Helen Walton recently made the largest single gift to an American business school in United OF COLORADO legacy of precedents to be remembered. Dr. States history: $50 million to the College of IN THE HOUSE OF REPRESENTATIVES Beck began his educational experiences in the Carroll County public schools of Mississippi Business Administration at the University of Tuesday, October 20, 1998 and completed high school in Grenada, Mis- Arkansas. Ms. DEGETTE. Mr. Speaker, I rise today to sissippi. He then attended Jackson State Uni- This gift will enable the University of Arkan- recognize Gloria E. Holliday, a member of the versity in Jackson, Mississippi, but received sas to provide the highest level of business board of directors for the Regional Transpor- his Bachelor of Arts Degree in Philosophy and and management education to Arkansans, im- tation District (RTD), the E±470 Authority, and Religion from Fisk University, Nashville, Ten- prove campus facilities and conduct important the Keep Denver Beautiful Board in Denver, nessee in 1950. In 1951, he received his Mas- research. Colorado. Ms. Holliday was recently honored ter's Degree in Guidance and in 1959 a Doc- In making this contribution, Mrs. Walton by the Colorado Black Women for Political Ac- torate in Education from Indiana University. said, ``This gift is about improving the lives of tion (CBWPA) as the 1998 recipient of the During the time between his master's and doc- people through education, and we hope it will Politics Award. torate degrees, he served our country in the improve the lives of thousands of students in Ms. Holliday came to Denver after receiving Korean War as a soldier in the Army Signal the state of Arkansas.'' her Bachelor of Arts degree from Jackson Corps, receiving an Honorable Discharge in Mr. Speaker, this country is great because State College. Born and raised in Jackson, 1954. After fulfilling his duty to his country, he of the generosity of Americans such as Helen Mississippi, Ms. Holliday began her lengthy returned to the field of education as the Dean Walton. I commend her for her gift. CONGRESSIONAL RECORD — Extensions of Remarks E2287 COMMENDATION OF BLUE CROSS NOMINATING DANTE B. FASCELL tional security interests of the United AND BLUE SHIELD OF NORTH FOR THE PRESIDENTIAL MEDAL States. CAROLINA OF FREEDOM Sincerely, BENJAMIN A. GILMAN, Chairman, Committee on International Relations. HON. DAVID E. PRICE HON. LEE H. HAMILTON JESSE HELMS, OF NORTH CAROLINA OF INDIANA Chairman, Committee on Foreign Relations. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES RICHARD G. LUGAR, Tuesday, October 20, 1998 Tuesday, October 20, 1998 United States Senator. CHRISTOPHER J. DODD, Mr. PRICE of North Carolina. Mr. Speaker, Mr. HAMILTON. Mr. Speaker, last week United States Senator. I rise today to commend Blue Cross and Blue more than 100 Members of Congress signed LEE H. HAMILTON, Shield of North Carolina for becoming the first their names to a letter nominating Hon. Dante Ranking Democratic Member. Committee on International Relations. company in the state, and one of the first in B. Fascell for the Presidential Medal of Free- CONNIE MACK, the nation, to pledge its voluntary compliance dom. It is a measure of respect for Dante that those names include prominent Republicans United States Senator. with the Consumer Bill of Rights and Respon- BOB GRAHAM, sibilities developed by the President's Advisory as well as Democrats, and Members who United States Senator. Commission on Consumer Protection and know him only by reputation as well as many Quality in the Health Care Industry. close friends. Sam Gejdenson (D– Jo Ann Emerson (R– I submit the text of the letter and the accom- CT) MO) The Consumer Bill of Rights sets forth eight David Bonior (D–MI) panying signatures to be printed in the CON- John Conyers (D–MI) recommendations to promote quality and pro- Steny Hoyer (D–MD) GRESSIONAL RECORD. Elliot Engel (D–NY) tect consumers in the health care system. The Jim Oberstar (D–MN) Peter King (R–NY) CONGRESS OF THE UNITED STATES, recommendations call for health plans to guar- Dick Gephardt (D– Howard Berman (D– Washington, DC, October 14, 1998. antee consumers' access to clear information MO) CA) Mr. PHILLIP M. CAPLAN, about their health plan, allow sufficient choice Gene Taylor (D–MS) Barney Frank (D– Assistant to the President and Staff Secretary, Dan Miller (R–FL) MA) of physicians and hospitals, provide access to The White House Washington, DC. emergency services and to grievance and ap- Hal Rogers (R–KY) Carolyn McCarthy DEAR MR. CAPLAN: We write to nominate Martin Sabo (D–MN) (D–NY) peals processes, ensure confidentiality of Dante B. Fascell to receive the Presidential Donald Payne (D–NJ) Nita Lowey (D–NY) health information, and encourage participa- Medal of Freedom. As Chairman of the Com- Tome Lantos (D–CA) tion by the consumer in treatment decisions. mittee on Foreign Affairs, Dante B. Fascell Denis Kucinich (D– Robert Mendendez OH) The Consumer Bill of Rights also calls for an exercised strong, principled leadership for (D–NJ) Billy Tauzin (R–LA) environment of mutual respect between con- our country during the final chapter of the John Olver (D–MA) Don Young (R–AL) sumers and the health care industry and rec- Cold War. He has the respect of Democrats Tom Barrett (D–WI) Bob Livingston (R– and Republicans and should be properly hon- Henry Hyde (R–IL) ognizes that consumers should take reason- ored for his service to America. We believe LA) David Dreir (R–CA) able responsibility for their health care. that the Presidential Medal of Freedom Owen Pickett (D–VA) Rick White (R–WA) would be the most appropriate honor. Congress tried to pass legislation this year Dave Obey (D–WI) Alcee Hastings (D– which contained many of these same patient Dante B. Fascell, born in Bridgehampton, Porter Goss (R–FL) FL) protections. Our citizens deserve these assur- New York, March 9, 1917, moved to Florida in John Mica (R–FL) John Dingell (D–MI) ances in the changing health care market- 1925 where he completed his education and Lincoln Diaz-Balart Louise Slaughter (D– was admitted to the bar in 1938. Dante Fas- (R–FL) NY) place, and I was disappointed that we could cell entered the Florida National Guard on Ileana Ros-Lehtinen Sherrod Brown (D– not resolve our differences on this issue. How- January 6, 1941. Commissioned a Second ever, it is very heartening to see that Blue (R–FL) OH) Lieutenant May 23, 1942, he served in the Af- Carrie Meek (D–FL) Cross and Blue Shield of North Carolina is rican, Sicilian, and Italian campaigns of Robert Wexler (R– Martin Frost (D–TX) taking the initiative to adopt fundamental rights World War II. Dante Fascell served as a FL) member of the Florida state house of rep- Jim Davis (D–FL) Charlie Rangel (D– and guarantees for its health care consumers. Jim Leach (R–IA) NY) Blue Cross and Blue Shield of North Carolina resentatives from 1950–1954. Subsequently, he served in the House of Representatives from Gerry Solomon (R– Frank Mascara (D– is the largest health insurer in the state, with January 3, 1955 to January 3, 1989. Congress- NY) PA) 1.6 million members, and the company's deci- man Fascell served as Chairman of the Com- Clay Shaw (R–FL) Jim Moran (D–VA) sion to provide these basic patient protections mittee on Foreign Affairs from the Ninety- John Fox (R–PA) Jack Murtha (D–PA) to its members follows its long-standing com- eighth through the One Hundredth Con- Chris Smith (R–NJ) Bob Weygand (D–RI) mitment to quality care. I hope other health gresses. Dan Burton (R–IN) Anna Eshoo (D–CA) plans in North Carolina and across the country During his tenure on the Committee on Matthew Martinez Tom DeLay (R–TX) will follow Blue Cross and Blue Shield's nota- Foreign Affairs, Dante Fascell was instru- (D–CA) Marcy Kaptur (D–OH) ble example and endorse the Consumer Bill of mental in enacting an astonishing array of Doug Bereuter (R– Joe Moakley (D–MA) NE) Rights. bills that significantly advanced America’s Nick Rahall (D–WV) interest abroad. These included the creation Ben Cardin (D–MD) Nancy Pelosi (D–CA) of the National Endowment for Democracy, During the 105th Congress, much has been Jim Barcia (D–MI) Patrick J. Kennedy Radio Marti, the Inter-American Founda- said about changes that are occurring in Bob Clement (D–TN) (D–RI) tion, and the North-South Center. Congress- Solomon Ortiz (D– health care and about how patients and the Tom Allen (D–ME) man Fascell also authored and advanced nu- TX) doctor-patient relationship can be protected in Adam Smith (D–WA) merous bills to improve international nar- T.J. Manton (D–NY) this sometimes unsettling environment. Gov- Henry Waxman (D– cotics control and aviation safety, as well se- Ellen Tauscher (D– ernment has an important role in this, I be- CA) curing passage of the Freedom Support and CA) Bob Borski (D–PA) lieve, but it is even more important for insurers SEED Acts, the Fascell Fellowships, and bi- Gene Green (D–TX) ennial State Department Authorization bills. themselves to assume responsibility for the Neil Abercrombie (D– Robert Matsui (D– Dante Fascell was also a driving force behind quality of their product and for the access of HI) CA) their customers to the quality care they need. establishing the Commission on Security and Gary Condit (D–CA) Cooperation in Europe. Peter DeFazio (D– That is what Blue Cross and Blue Shield of OR) Norm Sisisky (D–VA) North Carolina has done in endorsing the We respectfully request you submit this Elizabeth Furse (D– Sanford Bishop, Jr. nomination to the President to award Dante OR) (D–GA) Consumer Bill of Rights. We should recognize B. Fascell the Presidential Medal of Free- Jose Serrano (D–NY) Corrine Brown (D– and honor this kind of corporate responsibility dom, pursuant to Executive Order 11085, in Mike McNulty (D– FL) when we witness it, and I am pleased to do recognition of Chairman Fascell’s exception- Eva Clayton (D–NC) so today. ally meritorious contributions to the na- NY) Karen McCarthy (D– Lois Capps (D–CA) MO) Norm Dicks (D–WA) Lynn Rivers (D–MI) Ed Markey (D–MA) Bill Luther (D–MN) Allen Boyd (D–FL) Jack Quinn (R–NY) Collin Peterson (D– Zoe Lofgren (D–CA) MN) Frank Pallone, Jr. Martin Meehan (D– (D–NJ) MA) E2288 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 NIH OFFICE OF AUTOIMMUNE mechanisms of immunotherapy for auto- portation for these much needed supplies. DISEASES ACT OF 1998 immune disease. There is an NIH research Both the P&W Railroad and the Sammy Sosa program for autoimmunity centers of excel- Foundation agreed to cover the associated HON. HENRY A. WAXMAN lence. And last September, several NIH insti- costs of transporting the goods to the Domini- OF CALIFORNIA tutes and the Office of Women's Health Re- can Republic. P&W donated the cost of the IN THE HOUSE OF REPRESENTATIVES search initiated a research program focusing rail transportation between Rhode Island and on genetic susceptibility to autoimmune dis- Tuesday, October 20, 1998 Miami. In Miami, the Sammy Sosa Foundation eases. will transfer the goods to a cargo ship headed Mr. WAXMAN. Mr. Speaker, I am pleased to But it is clear that more can be done. The to the Dominican Republic. The Sammy Sosa introduce the NIH Office of Autoimmune Dis- NIH recently established an autoimmune dis- Foundation and the Providence and Worcester eases Act of 1998. This bill is intended to pro- eases coordinating committee, to help facili- Railroad have made it possible for the resi- mote discussion of how we can enhance the tate the innovative research being conducted dents of the Dominican Republic to receive Federal government's response to the severe on autoimmune diseases. My colleague, Con- canned food, bottled water, blankets, batteries, impact of autoimmune diseases and disorders gresswoman MORELLA, has played a leader- clothing, powdered milk, medical supplies, and on our country. Most importantly, it is intended ship role in this regard. The Congress has other goods. to highlight the urgency of treating auto- also dramatically increased NIH funding over This past Sunday, a sunny, beautiful New immune diseases as a priority women's health the past few years, with the expectation that England fall day, these groups and their volun- issue. autoimmune disease research would benefit teers joined together once again at the Pine Today, there are at least eighty recognized from this trend. Street Railyard in Pawtucket, Rhode Island. autoimmune diseases, ranging from multiple This bill would take these promising devel- Everyone gathered to load the supplies that sclerosis, rheumatoid arthritis and lupus to ju- opments a step farther. Progress on finding had been collected since the Hurricane first venile-onset diabetes, scleroderma, Graves's cures and treatments for autoimmune dis- struck the island onto the huge P&W boxcar. disease and thyroiditis. All of these diseases eases would surely be expedited by a perma- Forming a human chain, the volunteers un- and disorders are characterized by nent office at the NIH dedicated to developing loaded cars, trucks, vans, and pickups onto autoimmunity, the terrible case of the body's a consensus research agenda, as well as pro- the car. With the help of all assembled, the immune system rebelling against itself. Fre- moting cooperation and coordination of ongo- long line of cars were soon emptied and the quently inherited, these diseases and dis- ing research. Such an office could serve as an boxcar was loaded to the brim. The energy orders lead to death or severe disability, advisor to the Director of NIH and the Sec- and enthusiasm of the crowd of workers was cause a painful loss in patients' quality of life, retary of Health and Human Services, and act truly amazing, Mr. Speaker. I was most and inflict a tremendous toll on their families as a high-level liaison to the many important moved, however, to see Rhode Islanders from and communities. Collectively, autoimmune autoimmune disease patient groups, such as different walks of lifeÐpeople who might not diseases cause untold mortality and morbidity the National Multiple Sclerosis Society, Amer- otherwise spend the day togetherÐjoining to- in this country, as well as billions in health ican Autoimmune Related Diseases Associa- gether to help those who can not help them- care expenditures and lost productivity every tion, the Arthritis Foundation, Juvenile Diabe- selves. year. tes Foundation and the National Organizations Yet last December, Acting Deputy Assistant for Rare Disorders. The following organizations collected goods, Secretary for Women's Health Susan Wood I am introducing this legislation with the in- donations and delivered the supplies to the observed that, ``Despite their devastating tention of fostering discussion. I look forward departure sight in Pawtucket: WPMZ Poder human and economic toll, autoimmune dis- to working with the NIH, the Administration 1110; Gtech Corporation; Quisqueya in Action; eases are among the least investigated, most and patient groups on it. Upon its introduction Rhode Island Committee for Puerto Rican difficult to diagnose, and physically and emo- in the next Congress, I urge my colleagues to Statehood; Hurricane George Relief Fund; tionally painful diseases that face Americans support it as a step forward in the search for Centro Las America, Worcester, Massachu- today.'' cures for autoimmune diseases. setts; Teamsters Local 251, Providence; This is a terrible and unnecessary situation. f Teamsters Local 170, Worcester. Even worse is that the disproportionate impact While many organizations offered their serv- of these diseases on women is even less well RHODE ISLANDERS HELPING THE ices, it was individuals who collected and recognized. Few people in our country know DOMINICAN REPUBLIC boxed the relief supplies and then loaded that seventy-five percent of those afflicted with them into the boxcar. While hundreds were in- an autoimmune disease are women. I doubt HON. ROBERT A. WEYGAND volved at some point, a select few deserve many of my colleagues are aware that multiple OF RHODE ISLAND special recognition for their efforts. I am sure sclerosis is twice as common in women com- IN THE HOUSE OF REPRESENTATIVES I can speak for the residents of the Dominican pared to men. Republic in thanking the following for their tire- These statistics do not adequately reflect Tuesday, October 20, 1998 less efforts. how important autoimmune diseases are to Mr. WEYGAND. Mr. Speaker, I rise today to women. The best available research suggests thank the many people and organizations Senator Jack Reed, Jennie Rosario and that autoimmunity may be the cause of 50 to throughout the great state of Rhode Island Jose Mendez with the Rhode Island Commit- 60 percent of unexplained cases of infertility who united to collect much needed supplies tee for Puerto Rican Statehood, and Tony and is also a major cause of miscarriages. But for the humanitarian relief efforts for the vic- Mendez with WPMZ Poder 1110. these numbers only hint at the pain and doubt tims of Hurricane Georges in the Dominican From the Providence and Worcester Rail- experienced by women and their families as a Republic. As you know, during the week of road: Mrs. Heidi Eddins; Katherine Eddins; result of autoimmune diseases. September 15, 1998, Hurricane Georges tore Scott Eddins; Brett Eddins; Mr. Norbert The suffering of patients from the clinical through the Caribbean. Cabral, Sr.; Mr. Paul Arrighi; Mr. John manifestations of these diseases and dis- From a root of tragedy has grown a stem of Corrigan; Mr. Jerald DeMello; Mrs. Diane orders can be exacerbated by a lack of infor- unity, especially among the Hispanic commu- DeMello; Mr. Robert Kraemer; Mrs. Patricia mation and understanding. A recent study by nity. The relief supplies collected in Rhode Is- Kraemer; Mr. Larry Berg. the American Autoimmune Related Diseases land by local Hispanic churches and other re- Association found that two-thirds of all women lief groups will go directly to the Dominican In addition, Mr. Art Sandoval from the suffering from autoimmune diseases has been RepublicÐone of the islands hardest hit by Sammy Sosa Foundation deserves a great labeled ``chronic complainers'' before being Hurricane Georges. The residents of this is- deal of thanks. correctly diagnosed. No woman should have land have suffered tremendous losses in both And last, but certainly not least, Mr. Sammy to experience such insensitivity and lack of possessions and lives. The generosity of Sosa. When we mention the name Sammy awareness when seeking care for serious dis- Rhode Islanders will help get these residents Sosa we immediately think of the Chicago eases. back on their feet to begin rebuilding their Cubs player who hit a record breaking sixty- The Federal government is pursuing an lives. six (66) homeruns. Sammy Sosa and his foun- agenda of research and education on auto- As the donated supplies grew in size, I was dation have hit yet another home run, possibly immune diseases. For several years, the Na- pleased to work closely with the Providence the most memorable one of all, especially in tional Institutes of Health (NIH) has supported and Worcester Railroad and Sammy Sosa and the eyes of the Hispanic community in Rhode a multi-institute research program on the the Sammy Sosa Foundation to secure trans- Island. CONGRESSIONAL RECORD — Extensions of Remarks E2289 Sammy Sosa is not only a true sports hero stroyed 3,000 villages resulting in over two tradicts both American interests and values but a true humanitarian. Sammy has repeat- million refugees. Ethnic cleansing has taken is that Turkey is a secular Islamic state and edly shown that he has not forgotten his coun- place on a vastly wider scale than in Kosovo. that any alternative U.S. approach might And yet our government does nothing. risk delivering Turkey into the hands of Is- try of origin, and I am sure his country will On Bosnia and Kosovo, high officials of our lamic fundamentalists. never forget him. government have repeatedly spoken out in Mr. President, this analysis is fundamen- f protest. We have mobilized our armed forces. tally erroneous. The true fault line in Tur- Over turkey the same officials are conspicu- key is not between secularism and fun- CLINTON ADMINISTRATION’S DOU- ously silent. damentalism but between military rule and BLE STANDARD OF FOREIGN If, as demonstrated over the past weeks, democracy. The Administration’s current POLICY we are ready to intervene militarily on be- policy supports the military and ignores de- half of the Kosovo Alabanians, we should be mocracy. In Iran we found at great cost that ready to apply the same principles on behalf this approach did not work. We should not HON. MICHAEL PAPPAS of the Kurds in Turkey. If we do not and in- make the same mistake in Turkey. OF NEW JERSEY stead continue U.S. support for Turkey, then The Turkish constitution affords the mili- IN THE HOUSE OF REPRESENTATIVES we are turning ourselves into an accessory to tary political powers far exceeding anything Turkey’s massive human rights violations in Tuesday, October 20, 1998 than would be acceptable in the U.S. or other Turkey. This is a stain on U.S. honor. normal democracies. Instead of siding with Mr. PAPPAS. Mr. Speaker, I rise today to Mr. President, our country cannot live by the military and its political and diplomatic voice my concern on the Clinton Administra- double standards. In 1991 the U.S. went to puppets, the Administration should support, war with Iraq to eject it from Kuwait. What as does AHI, the brave Turkish citizens with- tion's double standard of foreign policy appli- is the difference in principle between the in Turkey struggling for human rights and cation toward Turkey. I fail to understand why Iraqi invasion and occupation of Kuwait in the rule of law. the same policy that is now being imple- 1990 and Turkey’s invasion and occupation of A guiding principle in foreign affairs for 37.3% of Cyprus in 1974? There is none. In- mented against the Bosnian Serbs, who are the U.S. should be the words of President deed, the military controlled government of denying basic human rights and imposing Dwight D. Eisenhower in the 1956 Middle Turkey is in violation of more laws than death sentences upon hundreds of ethnic Al- East crisis, when he condemned and reversed banian women and children in Kosova, is not Saddam Hussein in his invasion of Kuwait. The Administration’s vigorous actions and the invasion of Egypt by Britain, France, being implemented upon Turkey. resolve in Kosovo stand in harsh contrast to and Israel. In a memorable address to the na- For 14 years, the Turkish military has been its willingness to support Turkey’s repres- tion on October 31, 1956 Eisenhower said: conducting an inhumane campaign of ethnic sion (some would say genocide) against its ‘‘There can be no peace without law. And cleansing and oppression on its own Kurdish own Kurdish citizens and to its unwilling- there can be no law if we invoke one code of international conduct for those who oppose people in no different a way than the Serbs ness to enforce a series of UN Security Coun- cil and General Assembly resolutions con- us and another for our friends.’’ are. The Turks' war of horror against the The need for a change in our policy toward Kurds has killed over 30,000 Kurds and has demning Turkey’s illegal invasion and occu- pation of Cyprus dating back to 1974. Why is Turkey is critical in the interests of the U.S. left over two million refugees without homes our country so selective in enforcing certain Respectfully, and lives. resolutions and disregarding others? EUGENE T. ROSSIDES. The situations in Kosova and against the The answer, I regretfully have to conclude, f Turkish Kurds are unacceptable and must be is that the Administration is mesmerized by dealt with swiftly, so that more innocent peo- Turkey. Consider the following recent exam- SENIORS’ VIEWS OF SOCIAL ple will not die. If the United States military is ples: SECURITY When in October 1998 Turkey threatened ready to intervene in Kosova, then someone military action against Syria and mobilized could ask are we ready to do the same its armed forces on the Syrian border, the HON. BOB SCHAFFER against Turkey? A double standard foreign Administration did not condemn Turkey’s OF COLORADO policy is not good policy, especially when in- action as a violation of the UN Charter arti- IN THE HOUSE OF REPRESENTATIVES nocent lives are at stake. I ask that the Admin- cle 2 (4) and a threat to regional stability. istration end this doublespeak, and act now in Instead it referred once again to the PKK as Tuesday, October 20, 1998 Turkey. a ‘‘terrorist’’ organization and called upon Mr. BOB SCHAFFER of Colorado. Mr. Syria to ‘‘cease its support of the PKK.’’ In Speaker, I rise today to speak about issues af- Mr. Speaker, I also ask that the following effect, this denies the Kurds the right to au- letter from the A.H.I. be inserted in the tonomy which we are championing for the fecting senior citizens in my district. Recently, RECORD following my statement. Kosovo Albanians. I was contacted by several seniors' groups. AMERICAN HELLENIC INSTITUTE, INC., When in August 1998, President Demirel Tired of broken promises from liberals in Con- October 15, 1998. issued a statement claiming unspecified gress and the administration, they have ap- HON. WILLIAM J. CLINTON, Greek sovereign territories in the Aegean, pealed to the rest of us to save Social Secu- President of the United States, Washington, DC. the Administration made no statement con- rity and provide much-needed tax relief. demning this irresponsible irredentism of RE: DOUBLE STANDARD ON THE APPLICATION Turkey against an American NATO ally. In a survey taken by the United Seniors As- OF THE RULE OF LAW TO TURKEY When in December 1997 the European sociation, respondents expressed grave mis- DEAR MR. PRESIDENT. The present crisis in Union unanimously found itself unable to ac- givings about the future of social security. The Kosovo impels me to write to you once again cept Turkey’s application for membership on results of the survey are as follows: on the double standard that underlies the the deeply seated grounds of Turkey’s fun- Only 11 percent of respondents believe their Administration’s foreign policy approach to damental lack of normal democratic govern- Turkey. At a time when our nation has in- Social Security benefits will be safe and avail- ance and adverse human rights record, the able for the rest of their lives. voked the threat of military intervention Administration took Turkey’s side. over the application of UN Security Council When in early 1997 the Republic of Cyprus Sixty-six percent of respondents believe that Resolution 1199 on Serbia, we utterly fail to announced its intention to acquire a modest last year's budget agreement will not actually apply the same standard of the rule of law to increase in its self-defense capability, the balance the budget over the next 5 years. Turkey. Administration created the S–300 con- Seventy-two percent know that the Govern- The American Hellenic Institute is ap- troversy by taking the lead in criticizing Cy- ment is spending surplus Social Security funds palled by and wholly condemns the violence prus. It subsequently allowed to go on other Government programs. in Kosovo. We welcome the Administration’s uncontested Turkey’s absurd interpretation efforts to address the Kosovo crisis as being Eighty-four percent do not think that Con- that this challenged the balance of power in gress will repay the money owed to the Social in the best traditions of our nation’s moral the Eastern Mediterranean. and humanitarian values. These values, how- The sad fact is that the Administration has Security Trust Fund without legislation requir- ever, as also under attack in Turkey where thrown its lot in with the Turkish military ing them to do so. the Turkish military is conducting a ruth- controlled government. We supply them with Mr. Speaker, these seniors have every rea- less campaign of ethnic cleansing and repres- the arms needed to oppress their own citi- son to doubt the long-term solvency of the sion against its own Kurdish citizens. Just as zens, we take their side against the Euro- Trust Fund. Their benefits and their children we acted in Kosovo, so our country needs to pean Union; we fail to condemn their re- and grandchildren's benefits have been imper- undertake similar efforts in Turkey in de- peated challenges to international law in the iled by uncontrolled spending. The national fense of U.S. interest and values. Aegean and over Cyprus; we stand by when Turkey’s fourteen year war of terror Turkey time and time again demonstrates it debt currently stands at $5.4 trillion. Each year against its 20% Kurdish minority in Turkish is the primary source of regional instability. deficits continue because there is no Balanced Kurdistan is no secret. The Turkish armed The explanation AHI is regularly offered Budget Amendment to ensure responsible pol- forces have killed over 30,000 Kurds and de- for this bizarre policy that so obviously con- icy. As a cosponsor and avid supporter of a E2290 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 Balanced Budget Amendment, I was deeply prove relations between the United States, the best of health and a well deserved retire- disappointed when the President and his Con- Latin America, and the Caribbean. I think it ment. gress allies blocked such an essential reform. only proper that the building he helped to [From the Catholic Spirit, Oct. 16, 1998] Robert Myers, former Chief Actuary and erect at his alma mater, the University of THE GOSPEL, ACCORDING TO MSGR. Deputy Commissioner for the Social Security Miami, should bear his name. BOXLEITNER, IS WITH POOR Administration has stated that, ``Regaining Few members who have served during my Msgr. J. Jerome Boxleitner said that work- control of our fiscal affairs is the most impor- tenure in the House have possessed the un- ing with the needy was where he found satis- tant step we can take to protect the sound- derstanding and appreciation for the nuances faction both as an occupation and in his ness of the Social Security trust funds. I urge of foreign policy as Dante Fascell did. His priesthood. the Congress to make that goal a reality.'' memorable leadership of the Foreign Affairs ‘‘It was fulfilling for me—I think that’s Mr. Speaker, we can make a balanced Committee here in Congress is his legacy, where the Gospel is, working with the poor,’’ budget a reality. We can save Social Security. particularly his strong views on U.S. policy to- said Msgr. Boxleitner, who is stepping down as executive director of Catholic Charities of I pledge today that I will introduce a Balanced ward Latin America and his deep concern for the Archdiocese of St. Paul and Minneapolis Budget Amendment next Congress and will do international human rights. And thus it is fitting after 35 years of social work and 21 years as all I can to see that it passes. For our seniors, that the North/South Center will carry his Catholic Charities’ founding leader. ourselves, and our children, it is imperative name into the future, permanently recognizing On Oct. 13, Archbishop Harry J. Flynn an- that we gain control of our budget and ensure the many contributions he has made. nounced Msgr. Boxleitner’s retirement, ef- the safety and solvency of the Social Security When he retired in 1992, Florida lost one of fective Dec. 31. program. its finest Representatives, and the House lost Father Larry Snyder, Catholic Charities Moreover, with fiscal responsibility, I believe associate director, will succeed him on Jan. one of its greatest statesmen. I wanted to take 1, 1999. we can provide another much-needed service this opportunity today, now that the House has A priest of the archdiocese for 42 years, to our seniorsÐtax relief. The Senior Coalition acted on the bill H.R. 4757, to express my ap- Msgr. Boxleitner was a parish priest for five has developed a straightforward six-point tax preciation to all of my colleagues who joined years before pursuing graduate studies in so- relief plan. It is as follows: this effort. cial work at Catholic University of America Repeal the earnings limit on Social Security; f in Washington. repeal the 1993 tax increase on Social Secu- He earned a master’s degree in 1963 and be- rity benefits; reduce capital gains tax from HONORING MONSIGNOR JEROME came director of Catholic Welfare Services of BOXLEITNER Minneapolis. He led the consolidation of four 20% to 15%; eliminate the Federal inheritance Catholic social service agencies, creating tax, or ``death tax,'' and make health insurance Catholic Charities in 1977. 100% deductible for small business. HON. BRUCE F. VENTO Under his leadership Catholic Charities Much of this common-sense plan was incor- OF MINNEAPOLIS grew to an organization of more than 600 em- porated in the tax relief bill which passed in IN THE HOUSE OF REPRESENTATIVES ployees and more than 12,000 volunteers. Today, Catholic Charities serves men, the House of Representatives on September Tuesday, October 20, 1998 26 this year. Known as the Taxpayer Relief women and children in the 12 counties of the archdiocese through more than 75 programs Act, the Republican tax cut plan will return to Mr. VENTO. Mr. Speaker, I rise today to honor and commend the work of an inspira- in 33 locations. During the past year, Catho- Americans 10 percent of the surplus in the lic Charities provided emergency services to form of tax cuts, while reserving the remaining tional leader from my district, Msgr. Jerome 91,175 persons and provided social services to 90 percent of the surplus to save Social Secu- Boxleitner. Msgr. Boxleitner, the executive di- 70,761 persons. rity. As a cosponsor of legislation to reduce rector of Catholic Charities of the Archdiocese ‘‘It’s a good agency, and it’s got a good rep- taxes on Social Security, capital gains, mar- of Saint Paul and Minneapolis, has recently utation.’’ Msgr. Boxleitner said when asked riage, and inheritance, I was pleased to sup- announce his plans to retire after 35 years of what he takes the greatest pride in from his port this proposal. Given the importance of social work and 21 years as the Catholic years with Catholic Charities. ‘‘What I like most is that the staff, the this bill to seniors, I was surprised and sad- Charities founding leader. I've been pleased to work with Msgr. board and the volunteers see the poor as dened by the President's veto threat. peers not as objects of pity. Mr. Speaker, isn't it time Congress listen to Boxleitner on key issues such as homeless ‘‘Sure, there is some of the thought that America's seniors? The groups I heard from shelters, hunger, and the social services which there but for the grace of God go I, but the this week have some great ideas. While Re- are so essential in meeting the needs of the people of Catholic Charities have great re- publicans have made strides toward tax relief vulnerable in out community. His professional- spect for the people that we serve,’’ he said. and fiscal responsibility, I know we can do ism and personal effort has made a wonderful In announcing that Msgr. Boxleitner would become director emeritus of Catholic Char- more. We must. Next year, I plan to use these and enormous difference. Msgr. Boxleitner worked tirelessly to build ities, Archbishop Flynn said the 67-year-old ideas and introduce a Balanced Budget Act priest would continue to be an advocate in and a taxpayer relief bill. I urge my colleagues Catholic Charities, an institution which aids a the community for several issues that he has to listen to their elders and join me in this pur- variety of disadvantaged people, from the championed throughout his career. suit. homeless to troubled children. It is now the ‘‘Msgr. Boxleitner opens our eyes and our f largest private provider of human services in hearts to the poor,’’ the archbishop said. ‘‘He the Twin Cities, with 75 programs in 30 loca- knows the importance of helping people to DESIGNATION OF THE NORTH/ tions which are staffed by 600 employees and self-sufficiency while never minimizing their SOUTH CENTER IN HONOR OF 12,000 volunteers. immediate needs.’’ DANTE B. FASCELL Msgr. Boxleitner rightly emphasizes the im- In March, Gov. Arne Carlson presented Msgr. Boxleitner with a certificate of com- portance of taking the time to recognize each mendation from the State of Minnesota for HON. NORMAN D. DICKS person served by Catholic Charities as an in- outstanding service. OF WASHINGTON dividual, rather than categorizing them as just ‘‘Msgr. Boxleitner truly epitomizes all that is good in life,’’ Gov. Carlson said. IN THE HOUSE OF REPRESENTATIVES one of many in need of help. Literally thou- sands of people have benefited from Msgr. ‘‘He is the embodiment of what religion is: Tuesday, October 20, 1998 Boxleitner compassion, selfless service and love, compassion and selfless service to man- Mr. DICKS. Mr. Speaker, it is a great honor leadership. kind. And he tops it all off with a delightful sense of humor.’’ for me to support the passage of H.R. 4757 in I have included, for my colleague's review, Earlier in his career Msgr. Boxleitner was the House of Representatives, which recog- article which appeared in The Catholic Spirit, Minnesota Corrections Person of the Year as nizes the many contributions made by our the weekly newsletter of the Archdiocese of chaplain at the state prison in Lino Lakes, a former colleague, Dante B. Fascell. Saint Paul and Minneapolis. This article out- ministry he still continues. This legislation names the University of Mi- lines Msgr. Boxleitner's achievements and From 1983–85 he chaired the national ami's North-South Center after Chairman Fas- contributions to our community. Catholic Charities USA. That group’s cur- cell, and I believe it is a tribute that is well-de- Msgr. Boxleitner is a truly great example of rent president, Jesuit Father Fred Kammer, served and long overdue. Having served with those who make the Twin Cities a wonderful pointed to him as a national leader con- cerned with the common good. Dante for 16 years, I know that Chairman Fas- place to live. We are all richer for his friend- ‘‘Msgr. Boxleitner’s prophetic voice calling cell was the driving force behind the creation ship, example, and service that he has so us to implement the social dimension of the of the North-South Center, which has been generously given to our community. It is with Gospel has won the respect of his peers,’’ Fa- working for more than fourteen years to im- heartfelt thanks and gratitude that I wish him ther Kammer said. ‘‘He built a strong local CONGRESSIONAL RECORD — Extensions of Remarks E2291 agency. He also made great contributions on SENSE OF THE HOUSE REGARDING here and looked out over a sea of eager the national level.’’ MURDER OF MATTHEW SHEPARD young faces and to see Bill Young and Bill The priest, who will continue to lie where Thomas in the middle of them is one of the he has for years at Catholic Charities’ St. SPEECH OF more disorienting moments of this entire Joseph’s Home for Children in south Min- Congress. (Laughter.) neapolis, most recently has been instrumen- HON. DENNIS J. KUCINICH The thought of the two of you as interns is tal in developing a plan for residential acad- OF OHIO almost beyond comprehension. And we can’t emies to serve at-risk youth. IN THE HOUSE OF REPRESENTATIVES get them up here. They both deserve a lot of credit. Bill Young worked very hard on the Archdiocesan Catholic Charities board Thursday, October 15, 1998 defense effort that we put in this year. And chair Karen Rauenhorst said, ‘‘Msgr. Mr. KUCINICH. Mr. Speaker, I rise today in Bill Thomas, an achillean effort working Boxleitner has not only served the poor of support of this resolution. It is appropriate that with Mike Bilirakis and Bill Archer and with our community but has touched the lives of the House should honor Matthew Shepard in Tom Bliley managed to get home health care so many. I have been deeply impacted by his his death, and condemn the heinous crime included at the very last minute. commitment to living as Christ did in serv- And a very important home health care ice to the widows and orphans in our midst.’’ which took his life. (off-mike). I’m delighted both of you are But I also rise to say that this resolution is back here. (Applause.) not enough. The event that has brought us to- f I want to drive home three messages and gether in mourning was not only a murder. It then illustrate them for a minute because I was certainly not only a robbery. It was an at- think it’s important that we recognize that ENERGY CONSERVATION tempt by two people to send a message to an politics at its best is an educational experi- REAUTHORIZATION ACT OF 1998 entire community. ence. Despite the 30 second commercials and The alleged perpetrators of this crime made the some times mindless talk shows, the fact is that the way a country grows over time is SPEECH OF no efforts to hide their actions. Mr. Shepard's by engaging in the political process. dying body was not buried in a ditch. He was And there are three lessons at the end of HON. TOM BLILEY not hidden. He was not disguised. He was left this year I think. The first is that this is an OF VIRGINIA to die, hung on a fence in an ostentatious bid American victory. And I kept getting phone for discovery. The message Mr. Shepard's calls from reporters and the president who IN THE HOUSE OF REPRESENTATIVES attackers intended to send is clear. Their mes- was in the Rose Garden claiming credit for the budget, and I wanted to set up a fight. I Thursday, October 15, 1998 sage was that lesbian and gay people should not feel welcome anywhere, a message that wanted to say well, don’t you want to claim Mr. BLILEY. Mr. Speaker, the House now credit? And I said, you know, Republicans in lesbian and gay Americans everywhere should the Congress deserve five percent of the cred- considers S. 417, a bill to extend certain con- fear for their safety. This message is the it for balancing the budget. The president servation and export promotion programs au- wrong message in a democratic society. under our Constitution had to sign the thorized under the Energy Policy and Con- As Americans we have a moral responsibil- agreement and he deserves five percent of servation Act, the Energy Conservation and ity to send our own message back. A mes- the credit. And 90 percent of the credit for Production Act, and the National Energy Con- sage that despite our divisions, we all hold in- balancing the budget belongs to working, tax servation Policy Act. alienable rights to life, liberty, and the pursuit paying Americans who sent the money to Washington. And that’s what ought to be. I want to begin by observing this legislation of happiness. A message that we, as a coun- try and as a community, condemn not only (Applause.) enjoys broad support. The gentleman from Well if you think about it, the things we’ve Colorado, Mr. SCHAEFER, the Chairman of the this murder, but all crimes perpetrated against tried to do for the last few years are the Subcommittee on Energy and Power of the our fellow Americans for their race, religion, overwhelming sentiment of the overwhelm- Committee on Commerce, crafted this legisla- gender, disability or sexual orientation. ing majority of Americans. Welfare reform tion closely with the minority, and the bill is co- We have an opportunity to send this mes- according to ‘‘The New York Times’’ the sage by passing the Hate Crimes Prevention week before it was finally signed into law sponsored by Mr. HALL, the Subcommittee Act before we adjourn the 105th Congress. after two vetoes, 92 percent of the American Ranking Member. The bill was approved by people supported it. Virtually every Demo- the Committee on Commerce by voice vote We must not drag our feet any longer. I urge my colleagues to pass the resolution con- crat, virtually every Republican, virtually and passed the House under suspension on every Independent. It was an American vic- demning Matthew Shepard's murder, and I September 28. Not one Member spoke tory that we were simply the vehicle of the against the bill when it was considered by the also urge them to pass the Hate Crimes Pre- American people in getting their will House. I understand the Department of En- vention Act now. Let's send the clearest pos- through to a Washington, DC that didn’t ergy supports the legislation, as do many en- sible message that American values are the want to believe in the people. The question of balancing the budget, ergy efficiency organizations. I commend Mr. values of tolerance, non-violence, and equal- ity. every poll for 30 years has shown that wheth- SCHAEFER for working so closely with the mi- f er you’re a Democrat, a Republican or an nority and the Department of Energy on this Independent, you thought balancing the legislation. SPEAKER’S RALLY FOR THE 105TH budget mattered. The Republican party I support the bill. In particular, I support lan- CONGRESS through the Contract with America became the vehicle for the American people’s will guage crafted by the gentlemen from Colorado and we moved from a three trillion, one hun- that expands the use of energy savings per- HON. NEWT GINGRICH dred billion dollar projected deficit over 11 formance contracts, permitting Federal judicial OF GEORGIA years when we were sworn in as a majority and legislative agenciesÐin addition to execu- IN THE HOUSE OF REPRESENTATIVES in January of 1995 to a one trillion, 650 bil- tive branch agenciesÐto enter into these con- Wednesday, October 21, 1998 lion dollar surplus over the same period now tracts. That will cut the energy bill of the Fed- that we’ve had three-and-a-half years to get Mr. GINGRICH. Mr. Speaker, the 105th eral government and save taxpayers money. a job done. (Applause.) Congress has achieved numerous victories for But those lower interest rates that Heath- The Government Printing Office alone esti- the American people. Among many other er described are a victory for every young mates that use of energy savings performance things, we have balanced the budget for the American who’s going to college. The lower contracts will cut their energy costs by first time in decades, kept funding in the con- interest rates that Vito Fossella described $500,000 per year. trol of local officials for their schools, passed earlier are a victory for every small busi- ness, every family farm, every person who I want to commend the Department for its strong anti-drug legislation, increased funding aggressive support for energy savings per- buys a home. All Americans are better off. for the military, and passed tax cuts so Amer- When you balance the budget, lower interest formance contracts. Recently, the Department ican families can keep their hard-earned rates and have lower taxes because you don’t announced it had awarded contracts to seven money. I submit the following speech for fur- have to tax this entire generation to pay the energy savings companies to begin capital im- ther consideration of the accomplishments of interest on three trillion dollars in debt. So provements at Federal buildings in 20 States. the 105th Congress. that’s an American victory. The energy savings performance contracts en- Strengthening our defenses for the first RALLY FOR THE 105TH CONGRESS, OCTOBER 20, time since 1985 is an American victory be- tered into by DOE to date have the potential 1998 of cutting the energy bill of the Federal gov- cause every American should care about the (By Hon. Newt Gingrich) young men and women who have the courage ernmentÐand saving taxpayersÐ$3 billion. Mr. GINGRICH. It’s truly disorienting and I and the patriotism to put on our uniform and I urge support for S. 417. commend the other speakers. They got up we did the right thing in the vote we’re E2292 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 going to have tonight in rebuilding our de- If you weren’t . . . I just read that you But I want them to know that very early fenses, and as Tom DeLay pointed out, in es- were in Iowa. You were on a hiad (ph). Well next year, with Chairman Archer’s leader- tablishing a national missile defense. Be- thanks for (off-mike). I just want to say, ship, we’re going to bypassing a bill that cause if we can save one American city from when I talk about persistence, no one can both saves Social Security and takes any a North Korean, Iranian, Iraqi or other mis- tell the story better than Kasich who started extra surplus and turns it into a tax cut on sile, one city, that will be a victory for every as a back-bencher offering his own budget a very simple premise. The number one dif- American and the lives that we’ll (ph) lead when all of us thought he was nuts and I in- ference between liberals and conservatives in (ph) there because we had the foresight to in- clude myself in that group. We all opposed American today is that we believe the sur- vest in the right kind of defenses. And that’s him. Came back as the ranking member pluses belongs to the American people who an American victory. (Applause.) when we were the minority. Came back as pay the taxes. They believe the surplus be- As Heather pointed out, we took the presi- our budget committee chairman fought his longs to the Washington bureaucrats and dent’s proposal. Look this negotiation took way through. And without John Kasich’s who ought to be allowed to spend it. And ev- nine days. courage and charisma and effort, we would erybody knows if you leave a trillion dollars We could have done it the three if we just not have a balanced budget today. (Ap- sitting around here near Al Gore and Teddy caved. We took the president’s proposal for a plause.) Kennedy, they will find a way to spend it. Washington-based, Washington-controlled, Mr. KASICH. Now let me just say one thing. So we’re going to get it back home first to Washington-regulated, narrowly-designed If you think that Newt and I early on fought save Social Security, and second as a very teacher plan. We broadened it out to include for a balanced budget, because it wouldn’t be large tax cut early next year. (Applause.) every grade. We brought it out to include done without Newt’s help, we are going to Our fourth goal to modernize government special education and special needs teachers. have a huge, giant tax cut next year. And we in order to be able to reduce taxes and I We brought Chairman Bill Goodling, who is are going to fight for it every single day mean modernize at all levels—state, federal an expert on the topic, into the room. until we get it done. (Applause.) and local to reduce all taxes combined to 25 And we returned power back exactly as Mr. GINGRICH. So if my (off-mike) was that percent on the moral premise that in a free Heather Wilson said, to the local school this is an American victory, and my second society in peace time, no one should have to board. We didn’t say the Republican school point is it takes persistence, remember I said work longer than Monday and half of Tues- board. We didn’t say the Democratic school we had the contract. It took us through the day to pay their taxes. That the rest of their board. We said the local school board because summer of last year and January, I began week in peace time ought to belong to them- we believe it is American to have local peo- talking about four goals per generation. selves, their family, their community, their ple working with local teachers to have local They were very direct. Win the war on drugs favorite charity, their church or synagogue children get an education under local con- and violent crime, give us a world class sys- or mosque, their own retirement. That’s trol. And that’s a big difference in the two tem of education and learning, use the sur- going to be a big complicated job and it’s one philosophies. (Applause.) plus to save Social Security and modernize that we’re going to be enlisting every Repub- The second point I’d make is that you get government to reduce its cost so we can ulti- lican committee chairman to work on. We’re major achievements by sheer persistence. We mately lower taxes so that no American paid going to try enlist every committee to begin ran on a Contract with America. We didn’t more than 25 percent of their income in total next year working with the budget commit- get it all. We learned that the Senate’s not taxation state, federal and local combined. tee on this. always easy and the White House is far hard- Let’s look at this year. We will pass to- And I’ve already been talking with gov- er. We learned the hard way in the fall of night the strongest anti-drug measure in the ernors, mayors, county commissioners, 1995 that the president, no matter how weak history of the Congress. We will pass a sub- school boards, because it has to be done at he is in the polls, nonetheless has a veto pen. stantial increase in interdiction money and every level including tracking the state leg- And a clever president can use it well. we will ban the federal government, block islators. And we’ll be having a conference in And we got back up and we kept moving. the federal government from distributing December of state legislative leaders around Three months after that, we cut $100 billion free needles to drug addicts because it is ex- the country to talk about how we can work out of domestic discretionary spending. We actly the wrong signal. You cannot have together to reduce the cost of government at passed the Freedom to Farm bill liberating healthy drug addicts. The message we should all levels so we can have a one-third cut in midwestern farmers. We passed the Tele- send to drug addicts is, we want to reach out taxes over the next 10 to 15 years so the communications Reform Act. And five a helping hand for you to be rehabilitated American people can be working for their months after that, we passed the welfare re- and get on drugs. Not we want to help you room families more of the time and for gov- form bill, and then we had the election of stay on drugs. But at least your government ernment bureaucracy less of the time. 1996 and we campaigned on getting the job will give you clean needles. I think this is a Let me say finally, in addition to this done, completing the contract, and in the major victory in the right direction. (Ap- being an American history, in addition to summer of 1997 we passed a bill to save Medi- plause.) persistence paying off, elections matter. care exactly as we had promised, without Second, we began to insist on point after There is a very big difference in where the raising taxes. We passed a tax cut, as Tom point on the basic concept of dollars for the two parties will take America. I sometimes pointed out, the first in 16 years, including classroom of returning power back to local get distressed by our friends in the media be- $500 tax credit per child because we believe control and allowing the local community to cause they try to reduce everything to gos- parents are better than bureaucrats and the really take a grip on their local education sip, scandal mongering and cynicism that I center of raising children. (Applause.) system. And we’re going to continue in that think is profoundly false for this country’s We reduced the capital gains tax substan- direction. And again this evening, we’ll be future. tially, and I would suggest to you as you voting on an important step forward for our There is an enormous difference in the two look at market turmoil around the world second goal. parties. We would go two very different this year, it’s a pretty good thing the Repub- Our third goal frankly got postponed for a places. The Democrats legitimately stand for lican Congress insisted on lowering the tax year. I’m sorry it did. I began talking with a big government, big bureaucracy, high tax on investment at a time when we need to the president and working with the president vision of the future. There’s nothing dishon- make sure that the investment community in October of last year on saving Social Se- orable about it. Charlie Rangel can defend it doesn’t have the kind of problems it could curity. John Kasich and Bill Archer whom I eloquently. It is his vision of how America have if we had liberal Democrats raising saw a minute ago, both worked very hard. works. More bureaucrats with more paper- taxes and imposing regulations. We’ve been working with President Bush and work based on more taxes from working And finally, we got to a balanced budget. President Reagan’s economists. We think it’s Americans. They have a model of big unions September 30th, we ended the 1998 fiscal possible to develop a program to use the sur- and big trial lawyers gradually wiping out year, and they will report in the next few plus to save Social Security by creating per- small businesses and medical doctors. But days somewhere a $71–75 billion surplus last sonal savings accounts for every person that it’s a rational model. And we need to honor year, that will go to paying down the na- pays the FICA tax so they can have a savings it by having honest debate and talking about tional debt and setting the stage for us to accounts they control that has a tax free how really different the two parties are. save Social Security. (Applause.) build up of interest of dividends with no We favor a smaller central government, The bill we will pass tonight still provides Washington politician taking the money lower taxes, more free enterprise, more job for over $60 billion in surplus, and if the away from them. But frankly, in this kind of creation, more volunteerism. We favor economy grows, I suspect we’ll be above $80 an election year, with all of the other prob- money being in the family rather in Wash- billion next year and I might point out, in lems that began in January, it was not pos- ington. And there are places we do think January when the Congressional Budget Of- sible to move that dialogue as far as we government has a powerful legitimate role. fice was talking about an $8 billion surplus, would have liked. For example, we want to census strong I was saying they were way off and way too I also repeat what John just said, because enough that it’s accurate. That’s not a weak small. And all year they played catch up be- I agree with him entirely. We fought for a government. fore they got the $70 billion. And I noticed by tax cut this year. I am proud of the House We truly are prepared to work with the the way that the architect of the historic because we passed an $80 billion tax cut this Black and Hispanic caucuses to design a cen- balanced budget act I think just walked in year. That was the right thing to do. I am sus that will reach out to every minority the room back there. Direct from Iowa I be- very disappointed that the Democrats in the neighborhood that will count every Amer- lieve, John Kasich come up here and join us Senate and the president blocked us passing ican because we believe we have a constitu- John. (Applause.) a tax cut. tional duty to have a government effective CONGRESSIONAL RECORD — Extensions of Remarks E2293 enough and modern enough to count every has been an unfair payment system that has ficiary limit (ABL). Agencies already had American in an actual enumeration as re- caused a 15 percent drop in Medicare certified their per visit costs limited. However, this quired by the Constitution. home care agencies in Oklahoma. Regretfully, new limit also spells out how much home health agencies can spend per patient based Similarly, we’re very proud that we’ve the complexities of the IPS have resulted in began strengthening defense because we on their historical reimbursement numbers. think it’s important that this country lead misunderstandings in Congress as we search Agencies that have been cost-efficient in the the world. I’m frankly proud that the presi- for a solution. past are now being penalized. They may now dent is working today trying to bring peace This week I received a letter from former have a per beneficiary limit of $2,000 or less. to the Middle East. I am proud that this Senator Frank Moss who sponsored the origi- Other agencies who have been less careful president reached out in Northern Ireland. nal Medicare home care benefit. His perspec- with Medicare monies may have $15,000 or And I can tell you from my own visits there, tive on and explanation of this benefit is en- more to spend per patient for patients with and my conversations there that without his lightening, and I would like to submit his letter identical needs, in the same locality. It is easy to see why the aggregate per bene- leadership and Senator Mitchell’s leadership, for the RECORD. As we continue to work on ficiary limits are fundamentally flawed and we would not have made progress. We can this issue in the next Congress, Senator work together as Americans even when we unfair. disagree about basic philosophy or even Moss's letter will help us move forward in find- If our intention was to reduce the inci- when we have other problems we have to ing a solution. dence of fraud and abuse, this new aggregate work on. SALT LAKE CITY, UT, per beneficiary limit does exactly the oppo- And so we believe that just as the 1994 elec- September 30, 1998. site. We are losing many of our best home tion changed the direction of America, and Hon. JULIUS CAESAR WATTS, health agencies because they are at a com- no serious person believes that the Demo- U.S. House of Representatives, Washington, DC. petitive disadvantage. To make matters crats would have balanced the budget, cut DEAR CONGRESSMAN WATTS: Your assist- worse, home health agencies were asked to taxes and reformed welfare if they had re- ance, in a matter of great importance to the comply without knowing, with certainty, mained in charge. Jim Traficant, a Demo- nation’s disabled and older Americans, would what these limits will be. Nearly a full year crat has said flatly, he tried every year with be very much appreciated. I am appealing to into the program, many agencies still do not his own leadership to bring up the IRS re- you to help save the Medicare home care know the exact dollar amount of their lim- form bill. And they would never bring it up. benefit, which is in grave jeopardy at the its. Moreover, when agencies do know their It took a Republican Congress, it took Rob very time when we need it the most. ABL, as computed by the intermediary in- Portman as chairman of the IRS commis- You may remember that I was the sponsor surance companies who administer Medicare for the government, they find that the per sion, it took Bill Archer as chairman of the of the Medicare home care benefit. This came in 1965 after I had spent several years beneficiary limit works at cross-purposes Ways and Means Committee to pass IRS re- investigating nursing home abuses. We were with the existing agency per visit limitation. form. So elections do matter. looking for the best way to care for the Making matters even worse, HCFA has said And two weeks from today, this country growing numbers of disabled seniors. Home that they cannot comply with the October 1, can vote for higher taxes by voting Demo- care keeps families together; it keeps seniors 1999, deadline for putting in place a prospec- crat or it can vote for lower taxes by voting independent in their own homes where they tive payment system (PPS) for home health Republican. It can vote for more power and want to be; and home care is cost-effective in care under Medicare. This means the IPS, bureaucracy in Washington by voting Demo- comparison to institutional care. I still be- with its lethal and unfair per beneficiary crat. It can vote for more power back home lieve in home care so much that I volunteer limits, will be in place indefinitely. If all by voting Republican. my time to serve on the Board of the local this is not bad enough, another 15 percent It can vote for a weaker defense by voting Visiting Nurses here in Salt Lake City, as across the board cut in the Medicare home Democrat or it can vote for a stronger de- well as on the Board of our national organi- health benefit is scheduled to take effect on fense by voting Republican. It can vote for zation. October 1, 1999. less effort on the drug war by voting Demo- You may remember that I devoted a sub- There are only three ways to fix the prob- crat. It can vote for a much stronger effort stantial part of my career to policing Medi- lem with the aggregate per beneficiary limit. on the drug war by voting Republican. These care and Medicaid programs. I am sending Option one is to abandon the idea of using are basic legitimate philosophical dif- you a few clippings that capture this history. agency specific costs as the basis for it and ferences. And I think we’ve proven over the I conducted more hearings and investiga- use instead a blend of national and regional last four years, it makes a big difference tions and authored more investigative re- costs. The second option is to delete the per whether or not you’re elected to try to move ports on the subject of fraud and abuse than beneficiary limit. Option three is to replace in one direction or another. anyone. Among the legislation that I au- the per beneficiary limit with another cost We’re think we’re getting our message to thored were provisions that: (1) made Medi- control limit. Following are comments on the American people. And if we come back care and Medicaid fraud a felony, (2) created each. and we’re a majority for the third time, the Office of the Inspector General and the A. Develop a blended rate. The idea is to which would be the first time since the 1920’s Department of Health and Human Services, set a limit based not on a home care agen- in 70 years. We will have our marching or- and (3) created State Medicare Fraud Units. cy’s historical costs, but upon some formula ders from the American people to get some Our committee put every part of Medicare of national and regional averages. My analy- more American victories starting with sav- and Medicaid under the magnifying glass. sis is that this simply will not work. No mat- ing Social Security and cutting taxes. Thank Home health care was unique. It was one ter what percentages are used, some people you very much. (Applause.) part of the many programs that had the least will be helped and others will be hurt. You f amount of fraud and abuse. One reason for simply create different winners and losers. this is that the reimbursement formula that The idea, by definition, is divisive. It divides MEDICARE HOME HEALTH I wrote into the Medicare home health law is not only providers and patients, but also BENEFIT PAYMENT SYSTEM a veritable fiscal straight jacket. My most members of Congress, the latter who can be recent review of Medicare and Medicaid con- expected to endorse a blend that most helps victions indicate that while there have been their part of the country. Under this ap- HON. J.C. WATTS, JR. a few highly publicized cases, the relative in- proach there can be no national consensus— OF OKLAHOMA cidence of fraud in home health is miniscule to help New England is to hurt the South- IN THE HOUSE OF REPRESENTATIVES when compared with the record of the doc- east, or vice-versa. Medicare is a Federal tors, nursing homes, hospitals and other pro- program that should offer patients and pro- Wednesday, October 21, 1998 viders. I still insist, however, that we con- vides alike a level playing field. Mr. WATTS of Oklahoma. Mr. Speaker, I tinue with our policy of zero tolerance for B. Repeal the per beneficiary limit. This is wish to commend the staff members and ad- fraud. I commend all Members of Congress probably the best option overall. There is no parallel limit in Medicare for hospitals, ministrators who provide home health care who have continued the oversight work that was so important to me. nursing homes or physician services. In my services in my home state of Oklahoma and There is no doubt that we are on the verge view, we should recognize the fact that we across the country. During the past year I of a national crisis with respect to home have cut the home care benefit by twice have had the opportunity to work with hun- health care. To assist you in understanding what Congress has intended, projected by dreds of dedicated home health care provid- what is happening, I include herewith, a list HCFA at $37 billion instead of $16.2 billion ers, and they should all be very proud of and of questions & answers, which I have de- from FY 98–02. Total spending for home we should all be very thankful for their out- scribed as myths and realities. There is no health in FY 98–02 is down from $127 billion standing service to the nation's elderly and way to get around the fact that 1200 home to $89 billion. I do not know how we can be health agencies (1/8 of the total) have either thinking of tax cuts when the burden of this disabled. dropped out of Medicare or closed their doors gift will be on the backs of the sickest of the I have been working with these constituents over the past ten months. The home health sick—patients who need home care. I would to make reforms in the Interim Payment Sys- problem has many parts. The root, however, argue that we should restore some of the tem (IPS) that was part of the Balanced Budg- is an element within the interim payment cuts in home care by canceling the per bene- et Act. An unintended consequence of that Act system (IPS) called the aggregate per bene- ficiary limit, since the Medicare home care E2294 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 benefit, to date—according to CBO (January can trigger increased out-of-pocket costs, Nobody can deny the great and important 1998) estimates—has already been cut by $9.9 such as increases in the Part B premium. Fi- role that the Greeks contributed to today’s billion more than the Congress intended nally, HCFA should be able to administer civilization. The world, no doubt, is grateful when the Congress passed the Balanced this legislation easily. It will require little to Greece. Budget Act. It seems only fair to give some or nothing in terms of computer capacity. It is my humble request, that you sustain of this money back by repealing the per ben- This will free up resources to help solve their and even increase, if possible, the efforts of eficiary limit. It is this limit which works Y2K problem and point them in the direction the world Hellenism to help Cyprus resolve against patients who do not understand why of developing a PPS plan for home health its tragic situation, and reach a fair solution there is a limit in the first place and why it care. What is best of all—this proposal does of its national problem, for all its people, could possibly be in hugely differing not involve new spending. I urge you to con- whether Greek, or Turkish, or other ethnic amounts depending on the agency that they sider the HERO approach. minorities. I have no doubt that the misery visit. Undoubtedly, the behavior the patients With best wishes, and suffering brought about by the Turkish will exhibit is to try to shop for the home Sincerely, occupation, have increased the desire of all care agency that has the highest per bene- Senator FRANK E. MOSS (ret.). Cypriots to live together against as friends, ficiary limit. This, in turn, will have an ef- f in a united and peaceful country without ar- fect of raising overall costs to the Medicare mies. program. THE AMERICAN COMMITMENT TO Dear friends, the island of Cyprus, in the C. Replace it with another limit. A final center of the Eastern Mediterranean, can be option, which has great merit, is to replace HUMAN RIGHTS ON CYPRUS made into a shining star, which can help to the aggregate per beneficiary limit with an- change the whole of the Mediterranean, so other limit. One example might be a global HON. BENJAMIN A. GILMAN that the people of the area can live in broth- budget for Medicare home care expenditures, OF NEW YORK erly peace, for the glory of peace in the which sets ceilings for spending each year whole world. that cannot be exceeded under any cir- IN THE HOUSE OF REPRESENTATIVES cumstances. This concept could be coupled Wednesday, October 21, 1998 Thank you once again for honouring me with a Gramm-Rudman-Hollings-like trig- tonight, and on behalf of my wife and family, ger, which could be applied prospectively. Mr. GILMAN. Mr. Speaker, I would like to and my fellow Cypriots, I wish you health, This mechanism would automatically initi- share with my colleagues the following re- happiness and continuous progress with ate cuts if the Secretary of Health and marks by George Paraskevaides, a renowned God’s blessings. Human Services finds that there is any dan- Cypriot businessman, concerning the situation God bless America and Cyprus. ger that the fiscal ceiling could potentially on Cyprus. Mr. Paraskevaides, a very good be breached in any year. The advantage of friend of the United States, as a citizen of Cy- f this approval is obvious. By substituting one prus, has some excellent insights to offer with financial limit for another, the proposal regard to why the American people need to be A DEDICATED PUBLIC SERVANT should be budget-neutral. One suggestion that has been made is to incorporate the concerned about achieving a peaceful and just CBO 98 baseline as the ceiling. The essence of solution to the Cyprus problem. HON. PHILIP M. CRANE this proposal is included in H.R. 4404, the Mr. Speaker I submit the full text of Mr. OF ILLINOIS Paraskevaides address to the 50th Annual Homebound Elderly Relief Opportunity Act IN THE HOUSE OF REPRESENTATIVES of 1998 (HERO), sponsored by Congressman Dinner Dance of the American-Hellenic cham- Van Hilleary (TN). Senator Thad Cochran ber of Commerce to be inserted at this point Wednesday, October 21, 1998 (MS) has introduced a companion bill in the in the RECORD. Senate, S. 2508. Mr. CRANE. Mr. Speaker, I wanted to take As I noted above, the repeal of the aggre- ADDRESS BY MR. GEORGE PARASKEVAIDES this opportunity before we adjourn to recog- gate per beneficiary limit is probably the Your decision to honour me with the ‘Man nize the longest serving member of my staff, best way to go. This is a world apart from a of the Year’ award, on this your 50th Anni- Thelma Hummel, for all the excellent work she moratorium, or total repeal of all home versary Dinner Dance, has deeply touched has done over the years on behalf of thou- health provisions in the Balanced Budget me, and I thank you from the bottom of my sands of Illinois citizens residing in Chicago's Act, or even a repeal of the entire IPS. It is heart. Please allow me, to consider this Northwest suburbs. Thelma has been a case a more limited and rifle specific application. honour as extending to all Cypriots, both in worker with my office since 1988, and never I believe Congress should be content to save and out of Cyprus, who are struggling for the $16.2 billion from the Medicare home health liberation of our country. will you find a more dedicated hardworking benefit, as planned, when the Balanced Budg- Although not a resident of this great coun- public servant. She has had to contend with et Act was passed. We should return the rest try, I am well aware of the success of your the often frustrating task of trying to help con- to the home health patients, the sickest of business activities, which, in many cases, are stituents work with the many various agencies the sick, who need it. This approach would not limited to the boundaries of the United and departments which comprise our all too also allow Congress to cancel the forthcom- States. massive federal bureaucracy. ing October 1, 1999, additional 15 percent cut. I am sure that all of you, Americans, While Members of Congress often receive For those who insist on the strict defini- Greek-Americans and Cypriot-Americans, tion of budget neutrality (and that home are very concerned with the problems of Hel- credit for the good deeds our offices may ac- health should be cut by more than $16.2 bil- lenism. Among these, the Cyprus problem is complish in helping individual constituents, it is lion), the notion of replacing the per bene- very high on the list of priorities, and I beg our staffs which deserve much of the recogni- ficiary limit with another financial ceiling your permission to elaborate on this. tion. My reputation, with respect to my con- makes great sense. Because it incorporates I am of the opinion, that we all agree, that stituents, has benefited greatly from all the ex- and makes an absolute ceiling of the Medi- the Second World War was a disaster for cellent work Thelma has done for my office. care FY 98–02 CBO baseline, the HERO pro- mankind, with millions of victims. We also Indeed, just the other day I received a letter posal should be budget neutral. HERO will believed that such sacrifice would have re- also blunt the effect of the pending 15 per- sulted in universal freedom, democracy, the from a constituent and veteran, Walter cent cut. To be more precise, it makes the 15 Rule of Law, and respect for Human Rights. McCostlin, which served as another reminder percent cut contingent. Any portion of it Principles that should apply to every corner of how much good Thelma has done over the that is needed will be employed to make sure of the world. years. Walter wrote that ``We are only as good that the Medicare home care benefit does not Regrettably, since the tragic events of as those with whom we associate and/or sur- exceed the ceiling established in the 1998 1974, when Turkey invaded Cyprus, these round ourselves.'' Walter went on to say that CBO baseline. I helped create the Senate principles, which form the corner stone of ``Mrs. Hummel's dedication to seek truth and Budget Committee, and was one of its char- the Constitution of the United States, and of justice, devotion to uphold traits expected of ter members. I hope CBO will agree with my the Free World, have not been implemented judgments. in my country. The Turkish occupation, government officials, and perseverance to The HERO legislation gives providers the with all its evils, still continues. safeguard [our] rights . . . cannot be sur- breathing room they need until Prospective You are citizens of the United States of passed. Her attention to duty and persever- Payment is ready. Because it sets overall America; but you are also descendants of an- ance while supporting and assisting constitu- spending limits and includes a Gramm-Rud- cient Greeks, and you carry with you the ents . . . characterizes her as an example to man-Hollings-like trigger, it is clear to pro- ideals of Democracy. You are more sensitive be followed by all legislative employees.'' I viders that this is not a signal to return to to its principles, because democracy grew could not have said it better, Mr. McCostlin. business as usual. To do so means a swift out of the bones of your ancestors. crackdown from HCFA. Because payments to The ancient Greeks, did not keep democ- Mr. Speaker, the constituents of the 8th home health are capped, there is no way that racy and civilization to themselves; they Congressional District of Illinois should be expenditures can exceed budget limits and spread them, and taught them to the world, grateful and proud to have Thelma Hummel therefore, no way that home health spending through Alexander the Great. working for them. CONGRESSIONAL RECORD — Extensions of Remarks E2295 TRIBUTE TO JOHN MORRISON I am deeply concerned about the fact that necessary to provide market participants with we have had such a tremendous increase in certainty that their contractual arrangements HON. MARCY KAPTUR bankruptcy filings during a time of economic will be honored, and to minimize the risk that OF OHIO prosperity. When the economy begins to turn, the bankruptcy of one party to a transaction IN THE HOUSE OF REPRESENTATIVES absent reform, we will have many, many more will cause negative ripple effects in the finan- Wednesday, October 21, 1998 bankruptcy filings. The White House could cial system. have played a part in preventing thatÐalong Ms. KAPTUR. Mr. Speaker, over Labor Day The legislation also includes provisions that with encouraging basic personal responsibil- help state and local government save tax dol- weekend, John Morrison died suddenly of an ityÐbut they chose not to work with us. In- apparent heart attack at his home in Dubberly, lars by closing the loopholes that limit the gov- stead of taking the high road of reform, they ernment's ability to collect taxes when some- Louisiana. Across the country, his family, chose to take the low road of political spin and friends, and colleagues were shocked by the one files bankruptcy. To the extent that debt- emotionally heavy, but factually light, rhetoric ors in bankruptcy are freed from paying their news. His leadership and vision for all farmers based on untruths about the bill. One can only tax liabilities, the burden of making up the rev- will be greatly missed. For the past six years, presume that the White House is so political enues lost must be shifted to other taxpayers. John had been the Executive Director of the that they reject any Congressional, i.e. Repub- H.R. 3150 includes language that ensures that National Country Poultry Growers. He had lican, idea out of hand, even if that idea is local school districts, police and fire depart- founded the organization due to his own expe- firmly bipartisan, i.e. Republican and Demo- ments, and a wide variety of community serv- riences as a contract grower facing the unfair- crat. This political fact, obvious to all, is sadly ices are given priority in bankruptcy proceed- ness of his contract and the control exerted by noted. But, with the also obvious fact of in- ings to recover back property taxes. School the large poultry companies. creasing bankruptcies, I urge the White House districts around the country are losing money It was the commitment and leadership that to work with us next year to stem this tide be- because they tend to be last in line to collect John and other family farm organizations had fore it becomes uncontrollable. that prompted me to sponsor H.R. 2738ÐThe There are a host of societal reasons caus- back taxes owed by property owners who Family Farmer Cooperative Marketing Amend- ing more Americans to file bankruptcy includ- have filed for bankruptcy. It is unfortunate that ments Act. Other colleagues have joined me ing, divorce, gambling, credit practices, stu- we were unable to enact bankruptcy legisla- as co-sponsors. On one of the last days of the dent loans, health care expenses, and aggres- tion which ensures that more money is put session nearly a year ago, I met with rep- sive attorney practices. Congress should ad- back into our schools. resentatives of the NCPGA and national allies dress each of these causes of bankruptcy as Under our current bankruptcy laws, women that are working together to increase support they merit individual attention. After the Na- and children, small businesses, school dis- for this legislation in the countryside. That tional Bankruptcy Review Commission issued tricts, and consumers are the losers when an meeting was two days after the momentous its report last October, the Judiciary Sub- individual or business decides to file bank- defeat of fast-track legislation. committee on Commercial and Administrative ruptcy. The conference report to H.R. 3150 I remain committed to working for passage LawÐthe subcommittee I chair which has pri- contains provisions that ensure that women of this legislation in the next Congress. It is an mary jurisdiction over bankruptcy legislationÐ and children receive alimony and child support important step towards restoring social and was tasked to use the Commission Report as payments; protect small businesses by sim- economic justice to an entire group of farm a starting point to formulate fair and effective plifying the process by which they collect pay- families; those who are growing and marketing bankruptcy reforms. The Bankruptcy Reform ments from debtors; protect consumers filing their commodities; whether poultry, grain, Act of 1998 was intended to help people get for bankruptcy from aggressive attorneys; and hogs, or livestock under the excessive control the relief they needÐno more, no lessÐonce ensure that state and local government do not of major corporations. This legislation will en- they have filed for bankruptcy. lose tax revenues because of loopholes that able farmers in their cooperative associations This legislation contains provisions en- allow debtors to avoid paying taxes. I am to negotiate for a fair contract. dorsed by the National Association of Attor- hopeful that we will be successful in enacting f neys General and child support agencies these important reforms next year. H.R. 3150, THE BANKRUPTCY throughout the country that close the ``loop- Nonetheless, I am pleased that Chapter REFORM ACT OF 1998 holes'' which exist in bankruptcy making it 12Ða part of the Bankruptcy Code tailored to nearly impossible for ex-spouses to collect the special financial circumstances of farm- child support and alimony payments. Current ersÐhas been extended for six months under HON. GEORGE W. GEKAS bankruptcy law protects debtors and in some OF PENNSYLVANIA an agreement reached in the Omnibus Appro- instances places ex-spouses in competition IN THE HOUSE OF REPRESENTATIVES priations Act. This extension is a positive sign with other creditors, including the big banks Wednesday, October 21, 1998 that bankruptcy reform will be addressed and credit card companies. H.R. 3150 states again in the Spring. Mr. GEKAS. Mr. Speaker, I rise today to ex- unequivocally that alimony payments and child press my disappointment that the President support would receive the number-one priority As Chairman of the Judiciary Subcommittee refused to endorse bankruptcy reform legisla- in determining which debts are repaid. Without on Commercial and Administrative Law, I am tion which passed overwhelmingly with biparti- this legislation, child support and alimony pay- committed to making bankruptcy reform a top san support in both the House and the Sen- ments will continue to rank seventh on the list priority for the subcommittee during the 106th ate. The conference report to H.R. 3150, the of priority payments in a bankruptcy proceed- Congress. Over the recess, my subcommittee Bankruptcy Reform Act of 1998, would have ing, while payments to bankruptcy attorneys will begin the process of redrafting bankruptcy restored personal responsibility to our bank- continue to receive the number-one priority. legislation and organizing hearings. The legis- ruptcy laws, protecting women and children, This legislation would have given added pro- lation will revisit many of the issues we fo- small businesses, consumers, the financial tection to families dependent on this income. cused on in this Congress as well as other markets, state and local governments and all I am disheartened and saddened by the fact issues that have been brought to my attention taxpayers who pay a $400-a-year bankruptcy that the White House would use political scare throughout the process. With signs of an eco- tax on goods and services. Now that the tactics and demagoguery at the expense of nomic downturn, which will increase the num- groundwork for bankruptcy reform has been women and children on this issue. America's ber of consumer and business bankruptcy fil- laid, I plan to reintroduce bankruptcy reform women and children deserve better. ings, we will hold a series of hearings on a va- legislation next year. Moreover, H.R. 3150 incorporates provi- riety of bankruptcy issues, focusing not only Despite economic growth, low unemploy- sions from H.R. 4393, the Financial Contract on consumer bankruptcies, but the impact of ment and rising disposable personal income, Netting Improvement Act to control systemic bankruptcies on business, such as the tele- personal bankruptcies are soaring, reaching a risk in the financial markets. The current bank- communications and health care industry. record 1.42 million and costing consumers ruptcy code does not cover many new finan- Mr. Speaker, let me take this opportunity to more than $40 billion in the past year. This cial instruments such as asset backed securi- thank all of the Members, their staffs and the problem continues to worsen. In fact, the Ad- ties which play a major role in the modern fi- outside groups who spent countless hours ministrative Office of the U.S. courts recently nancial world. These provisions define these working on this much-needed legislation. The reported the highest number of consumer new financial instruments, promoting liquidity strong bipartisan support that we received on bankruptcy filings ever in the last quarter. and legal certainty, two important components this legislation is a reassurance that we will Over the past decade the number of personal of risk management. With the current instabil- enact fair and meaningful bankruptcy reforms bankruptcy filings has doubled. ity of the global market, these provisions are next year. E2296 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 REGARDING CORRECTION OF MA- I'm pleased to report that the Government Mr. Speaker, I urge our colleagues to join TERIAL AFTER MANAGERS’ Printing Office has reprinted the October 13, with me in saluting a true, dedicated official, STATEMENT ON S. 1260 1998 CONGRESSIONAL RECORD and issued a and extend to Charlie and Dorothy our best corrected version. The Parliamentarian has wishes for a long, happy, healthy and produc- HON. ANNA G. ESHOO corrected the Permanent Record of the House tive retirement. OF CALIFORNIA to reflect the true content of the Managers' f IN THE HOUSE OF REPRESENTATIVES Statement. f SAVING THE CONSERVATION Wednesday, October 21, 1998 TRUST FUND OF PUERTO RICO Ms. ESHOO. Mr. Speaker, last week on HONORING STATE SENATOR Tuesday, October 13, 1998, the House of CHARLES D. COOK HON. PHILIP M. CRANE Representatives passed the Conference Re- OF ILLINOIS port of S. 1260, the Securities Litigation Uni- HON. BENJAMIN A. GILMAN IN THE HOUSE OF REPRESENTATIVES form Standards Act. This legislation, pre- OF NEW YORK Wednesday, October 21, 1998 viously passed by the other body, is expected IN THE HOUSE OF REPRESENTATIVES to be signed by the President and closes a Wednesday, October 21, 1998 Mr. CRANE. Mr. Speaker, before we ad- journ I would like to address an issue that I re- loophole in securities litigation by assuring that Mr. GILMAN. Mr. Speaker, I wish to call to gret we have been unable to resolve in this lawsuits involving nationally traded securities the attention of our colleagues a truly remark- Congress. I am speaking about the plight of remain in federal courts where they have tradi- able gentleman whose sterling career in public the Conservation Trust Fund of Puerto Rico. tionally been heard. I'm proud to have been service is unfortunately about to end. the lead Democratic co-sponsor of this legisla- Charles D. Cook was originally elected to The Conservation Trust was created in 1968 tion. the New York State Senate in 1978, having through a memorandum of understanding be- During remarks by my colleagues on the previously served three terms in the Assem- tween the Department of the Interior and the floor regarding S. 1260 there was confusion bly. In his capacity as a State Senator, he be- Government of Puerto Rico. The people of as to what was included in the joint Managers' came one of the most respected public serv- Puerto Rico are the sole beneficiary of the Statement signed by the Conferees. The con- ants in our state, and by the time he an- Trust which was created to carry out a con- fusion was caused by the fact that in the nounced his retirement earlier this year, he servation plan for the protection and enhance- House version of the Conference Report (pub- was truly revered by his constituents and col- ment of the natural resources and beauties of lished by the House Commerce Committee in leagues alike. Puerto Rico. In this area the Trust has been the CONGRESSIONAL RECORD) the final page of Charlie is a native of Deposit, New York, in highly successful, blending both environmental the Managers' Statement was omitted. This the beautiful upper Delaware River valley. and historical sites in a manner that preserves error ultimately led to a statement made by Educated in local schools, Charlie graduated them for generations to come. Commerce Committee Chairman BLILEY during from Hartwick College. Soon after leaving col- The Trust Fund has accomplished this at a floor debate on the final passage of this legis- lege, Charlie became the editor of a local time when the natural resources of Puerto lation. He clarified that omission of this very newspaper, having adopted journalism as a Rico are shrinking rapidly under pressure from important page was a clerical mistake. way of serving his neighbors. Except for a dis- urban development and population growth. Another mistake was made in the printing of tinguished stint in the U.S. Army, he continued Even mountains, once inaccessible, are now the October 13, 1998, CONGRESSIONAL his journalistic career until 1965, when he was impacted by new construction. RECORD of the final passage of the legislation. elected by his neighbors to the position of A survey of the Island reveals dramatic con- The extraneous remarks submitted by Chair- Treasurer of Delaware County, NY. In 1971, trasts in both its landscape and wildlife. man BLILEY were erroneously placed directly he was appointed commissioner of Social Formed by volcanic eruptions more than 120 following the Managers' Statement. These re- Services in that County, and was elected to million years ago, Puerto Rico is small in land marks were then printed in the same typeface the State Assembly in 1972. areaÐ3,500 square miles. Yet it supports di- as the conference report, giving the impres- Charlie most especially made his mark in verse biological communities including more sion that the extraneous remarks were agreed the State Senate as Chairman of the Commit- than 3,000 plant species, 232 species of birds to by the conferees who signed the final con- tee on Education. In that position, he made and numerous reptiles and amphibians. Many ference report. clear his commitment to the young people, on of these plants and animals are unique to the Mr. Speaker, let me state for the record, which our future rests. Recognizing the need Island. A large percentage are included on the nothing could be further from the truth. This to remain competitive on the ever-shrinking endangered species list, among them the extraneous material, which should have been world marketplace, Charlie always adhered to Puerto Rican Parrot, one of the most endan- placed after the remarks of the distinguished the belief that education is the most valuable gered birds in the world. Chairman, does not represent my view per- investment we make as a people. Puerto Rico's small land surface currently taining to whether recklessness satisfied the Charlie also served on the Committees on sustains 3.7 million inhabitants, a population scienter requirement nor should it be regarded Agriculture, Children & Families, Crime Vic- density of 1,000 per square mile, the second as the view of the Conferees. This was a con- tims, Crime and Corrections; Health; Housing largest in the hemisphere. This is translated tentious issue during the conference and dur- and Community Development; Local Govern- into approximately one million dwellings. There ing discussion of the bill on the floor. Every ment; and Tourism, Recreation and Sports are 1.8 million automobiles and four times work of the Managers' Statement on this issue Development. Charlie has long been active more roads per square mile than on the was negotiated. The reason for this is the with the National Conference of State Legisla- United States mainland. It has been said that Managers' Statement is the most authoritative tures, and served as Chairman of the Legisla- you can fit the entire population of Puerto Rico statement related to the legislation. My col- tive Commission on Rural Resources. He is a in the front seat of the cars on the Island. league, Mr. COX, an opponent of the language former member of the National Advisory Com- Moreover, in the metro area of San Juan, the in the Managers' Statement conceded this mittee on Rural Health. constructed acreage has increased from point when in his colloquy with Chairman BLI- Charlie and his lovely wife, the former Doro- 10,000 acres in 1950 to more than 60,000 LEY he referred to the earlier Managers' State- thy Behrens, live in Delhi, NY, not far from his acres by 1994. ment in the 1995 Securities Litigation Reform birthplace. They are members of the United In Puerto Rico, the history of land conserva- Act ``as the most authoritative construction of Ministry of Delhi, and are the proud parents of tion in the last century is scant. All major land the 1995 Act.'' a daughter, Linda, and two sons, John and reserves, such as the United States Forest Mr. Speaker, I highlighted this error because Jeffrey. Service Caribbean National Forest and other as courts and lawyers research the legislative Earlier this year, the political establishment forests under government jurisdiction originate intent of this Act and review our actions as re- of our region was thunderstruck by the an- from Spanish colonial times. During the past corded in the CONGRESSIONAL RECORD, I urge nouncement that Senator Charles D. Cook 25 years the only significant efforts to pre- them to thoroughly read each reference to this would not be seeking re-election in 1998, serve critical land resources has been con- legislation. It is essential that a bright line be choosing instead to spend more time with his ducted by the Conservation Trust. Even with drawn between what is included in the con- family. While we are losing an outstanding leg- this active role, only 5% of the Island of Puer- ference report, and those views which were islator, leader and community servant, we rec- to Rico is under some protection by either fed- specifically rejected by the Conferees of S. ognize that few persons have done more to eral or local conservation agencies or by the 1260. earn retirement than has Charlie Cook. Trust. This number is half the percentage of CONGRESSIONAL RECORD — Extensions of Remarks E2297 the United States and less than 25% that of was a demanding General but even more he in FY 2000. The new agreement is reported to Costa Rica. The Trust is the only real entity in- was a compassionate human being. cost $1.65 billion with $900 million to come volved in land acquisition projects for con- Enlisting in the Marine Corps at the young from home health providers themselves by re- servation in Puerto Rico. age of nineteen, Gen. Churchill remains one ducing future inflation factors. Thus, only $750 In the original plan, the Trust was funded by of only a few to rise to the rank of Marine million is new home health funding. Ironically, a fee imposed by the Secretary of the Interior Corps General. He retired on December 1, the contributions of Pennsylvania seniors (85 on the petroleum industry operating on the Is- 1963, following 41 years and eight days of percent of $486 million) is $413 million more land. This financial arrangement existed for service to our country. In addition to his active than half of the additional funding provided na- approximately 10 years but, as the industry membership in the Marine Corps League, tionwide beginning in the second year of the left the Island, a new source of funding be- Gen. Churchill established himself as a local interim payment system. This is a total injus- came necessary. In the mid-1980s to mid- political leader and a successful businessman tice to the people of Pennsylvania. This issue 1990s that source became Section 936 of the in our district. must be re-addressed next year to help elimi- Internal Revenue Code and the so-called Gen. Churchill knew how to build community nate the enormous burden placed on Penn- QPSII (Qualified Possession Source Invest- and a better future. He followed in the foot- sylvania's seniors and home health agencies. ment Income) provision of that law. This al- steps of his father and uncle in 1917, and lowed the Trust to ultimately generate an in- managed a successful grocery business in f come that reached a peak of $10 million annu- northwest Ohio. He became the national lead- ally. In 1993, the Trust realized that Section er in one stop shopping in 1971, when he IN HONOR OF LAURIE FLAHERTY 936 might have a finite life span and halted all opened the Monroe Street store. Always an in- major property acquisitions and capital im- novator in the business world, Mr. Churchill provements. The Trust started saving money has provided countless numbers of young HON. ANNA G. ESHOO to build an endowment to fund the Trust in fu- people with the opportunity to earn money OF CALIFORNIA ture years. It was estimated that approximately while attending college, and many retirees IN THE HOUSE OF REPRESENTATIVES $80 million would need to be accumulated to have found employment in his stores to sup- achieve this goal. To this day roughly $30 mil- plement their retirement income. He was al- Wednesday, October 21, 1998 lion has been saved. ways helping others. Unfortunately, Section 936, which did much Mr. Churchill served as a loyal member of Ms. ESHOO. Mr. Speaker, I rise today to to raise the standard of living in Puerto Rico the Toledo Rotary Club where he maintained honor Laurie Flaherty, a distinguished emer- and expand employment opportunities 37 years of perfect attendance. He served on gency nurse, who has resided and practiced throughout the Island, was phased out, over the Board of Directors of the Toledo Better her profession in my congressional district and my objections, by Congress in 1996. With the Business Bureau, the Toledo Small Business who has been recognized by her peers with elimination of Section 936, the Trust was left Association, and he served as president of the an extraordinary Award. without a source of income to continue the National Association of Retail Grocers. He Laurie Flaherty was awarded the Lifetime savings program. Several alternatives were was not just a member of these organizations Achievement Award from the Emergency explored and, after a great deal of consider- but he was an activist. On many occasions, he Nurses Association and inducted into its Nurs- ation, a consensus developed among the traveled to Washington, DC to bring his views ing Hall of Fame last month at its annual con- Trust supporters here in Congress. A legisla- on national issues to those serving in elected vention in Denver, Colorado. This is an honor tive proposal was developed, in conjunction life. He always came with a twinkle in his eye that has been bestowed on only twelve other with the Governor of Puerto Rico, the Sec- and a remarkable zest for life. nurses in the history of the organization. This retary of the Interior and my office to accom- Gen. Churchill's commitment to his employ- great honor is a fitting recognition of the con- plish this task with the proposal's funding ees and our community, and his love for our tributions Laurie Flaherty has made to the pro- mechanism being tied to the rum tax that is country will be missed by all who had the fession of nursing and to the health and wel- collected on rum tax entering the U.S. from pleasure to know him. A mighty oak fell when fare of our nation's citizens. the Virgin Islands and Puerto Rico. A portion he passed from this life. The Emergency Nurses Association drew of this rum is returned (covered over) to Puer- On behalf of our entire community, we ex- special attention to Laurie Flaherty's roles as to Rico and the Virgin Islands and it was with tend deepest sympathy to the family and a teacher and author in pediatric emergency a portion of this covered over amount that the friends of Gen. Walter A. Churchill. He was care. Association members extolled her work Trust would receive funding for a five year pe- ``always faithful.'' at the Department of Transportation where riod. It was the hope of me and many of my f she designed and implemented a national colleagues to implement a solution in this PENNSYLVANIA SENIORS NEED strategy for safety programs. And finally, the year's tax bill. Unfortunately, this did not hap- MORE RELIEF WHEN IT COMES Association chose Laurie Flaherty to receive pen. TO HOME HEALTH CARE these honors because she has never stopped Under the excellent leadership of its Execu- being an emergency staff nurse. Whether in a tive Director, Javier Blanco and its Deputy Ex- helicopter in Wisconsin, in an ambulance in ecutive Director, Jose Barreto, the Trust has HON. GEORGE W. GEKAS Santa Clara County, California, or now work- done a superb job with limited resources in OF PENNSYLVANIA ing at Suburban Hospital in Maryland, Laurie fulfilling its mission. With this statement, I want IN THE HOUSE OF REPRESENTATIVES Flaherty has never forgotten that an emer- to assure my colleagues that, should I be re- Wednesday, October 21, 1998 gency nurse must ultimately take care of those elected, I plan to continue to find an equitable in need, one patient at a time. Mr. GEKAS. Mr. Speaker, while today I gen- solution to the plight faced by the Trust so that Mr. Speaker, when the ENA honored Laurie Javier and Jose can continue to do their good erally support home health care measures added to H.R. 4238, the Omnibus Appropria- Flaherty it was most fitting that they under- work. scored her care and compassion for children. f tions Conference Report, this solution actually does little to relieve the enormous cost being In addition to her expertise and experience in TRIBUTE TO GEN. WALTER A. borne by Pennsylvania's senior citizens and pediatric care, Laurie Flaherty's love and dedi- CHURCHILL the home health agencies that serve them. cation to her daughter, Megan Flaherty, is a Pennsylvania is particularly affected due to the testament to what she considers one of her HON. MARCY KAPTUR fact that it has one of the largest elderly popu- greatest lifetime achievements. OF OHIO lations in the country. According to home Mr. Speaker, Laurie Flaherty represents the IN THE HOUSE OF REPRESENTATIVES health agencies in my district, the interim pay- best of a group of professionals that give their ment system will eliminate approximately all to us every day in the emergency depart- Wednesday, October 21, 1998 294,500 visits to home bound senior citizens ments and trauma centers across our nation. Ms. KAPTUR. Mr. Speaker, I rise today to in Pennsylvania, a federal savings of $486 mil- We are exceedingly grateful to them, and honor a true patriot and outstanding American, lion at the expense of Pennsylvania's elderly today I'm especially proud to have you and Gen. Walter A. Churchill. On September 21, during the first year of the interim payment our colleagues in the House of Representa- 1998, Gen. Churchill lost his battle to a series system. The current proposed interim payment tives Join me in congratulating Laurie Flaherty, of debilitating strokes and passed away at the system will restore only about 15 percent of R.N., M.S., and C.E.N. on receiving this pres- age of 94. He was a friend to us all. Yes, he the dollars taken from Pennsylvania beginning tigious recognition from her peers. E2298 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 HONORING BELLAIRE HIGH the longest serving members of Community created the Florida Prepaid Postsecondary SCHOOL’S MERIT SCHOLAR Board #4 in the Bronx, who will be retiring Education Expense Program to allow families SEMIFINALISTS from the Board this month after years of serv- to prepay college tuition and housing ex- ice. penses for their children at a lower rate than HON. KEN BENTSEN Born in Puerto Rico, Rev. ColoÂn attended the projected costs at the time of enrollment. OF TEXAS the University of Puerto Rico and the Theo- Florida was only the second state to try IN THE HOUSE OF REPRESENTATIVES logical Seminary of Puerto Rico and, in 1947 such an innovative program. Today it is a run- he married Ms. Ramonita Orabona, with whom Wednesday, October 21, 1998 away success, thanks largely to the Chairman he had a son and a daughter. of the Board of the Florida Prepaid Post- Mr. BENTSEN. Mr. Speaker, I rise to honor In the United States, he obtained a bach- secondary Education Expense Program, Stan- the 45 National Merit Scholarship Semifinalists elor's degree from Adelphi University. He also ley G. Tate, whose brilliant leadership and at Bellaire High School in Bellaire, Texas. This holds a Master of Divinity from the Lutheran personal commitment have made Florida's is the most of any school in Texas and more Theological Seminary and a Master of Social prepaid college tuition program the most suc- than all but seven in the Nation. Work from Fordham University. cessful in the nation. Every year, the National Merit Scholarship Rev. ColoÂn was ordained in 1950. He has Stanley Tate deserves the congratulations Corporation awards approximately 7,000 served at Evangelical Lutheran Church of the and thanks of every Floridian, and I join with scholarships worth $28 million for undergradu- Resurrection since 1959 and became its Pas- our community in saluting him. The Miami ate study. Becoming a National Merit Semi- tor in 1968. His ministry is faithfully committed Herald recently profiled Mr. Tate in a page- finalist is an extraordinary accomplishment. to bringing spiritual enlightenment to the com- one article, which I would like to share with my Some 1.2 million high school juniors enter the munity. In addition, he serves as the highest colleagues. competition by taking the Preliminary Scholas- ranking Hispanic Chaplain of the New York tic Aptitude (PSAT)/National Merit Scholarship City Police Department and also serves as [From the Miami Herald, Oct. 18, 1998] Qualifying Test. To become a semifinalist, a Chaplain at the Bronx Veterans Administration COLLEGE CRUSADER—DEVELOPER PAVES ROAD student must score high enough on the PSAT Hospital. TO EDUCATION to be in the top one percent of all scores in As a psychiatric social worker, Rev. ColoÂn (By Jack Wheat) Texas. has provided psychiatric therapy for adults and Florida’s prepaid college tuition program Next, the students will compete to become families at many institutions, including Cov- kicks off its second decade on Monday as the National Merit Finalists. If selected after a rig- enant House and the Bronx Psychiatric Cen- most successful plan of its kind in America, orous application process, these students will ter. He was organizer and President of the allowing Floridians to pay for a child’s fu- ture college tuition at today’s cheaper rates. be eligible for one of 2,400 National Merit New York City Puerto Rican Community Chil- The Florida Prepaid College Program is Scholarships, worth $2,000. The Merit Scholar drens Hospital. He is a member of the Board considered such a good deal that more than winners will be announced next spring. of the Morrisania Diagnostic and Treatment 375,000 children, from birth to high school Having more National Merit Scholar Center of the New York City Health and Hos- age, were signed up in the first 10 years. semifinalists than every public and private pitals Corporation. In hindsight, that kind of popularity seems school in Texas underscores that Bellaire High The professional, religious and civic organi- a foregone conclusion. After all, it’s possible School is a premiere institution of learning, zations to which Rev. ColoÂn belongs, like the to buy a contract that will allow a fourth- where students work hard and take pride in honors and awards he has been given are al- grader to attend a state university in 2007 for their accomplishments. The teachers, school most beyond counting. Among the many hon- slightly less than what this year’s under- graduates pay. administration, parents, and community are ors bestowed upon him, Rev. ColoÂn is the first But the program’s success is a civic Cin- doing an extraordinary job preparing these Puerto Rican to receive the Silver Medal of derella story, in which a real-life godfather young men and women to take their place in the Academic Society of Arts, Science and Lit- came in the rescue: the world. This is what is possible when teach- erature of France. Meet Stanley G. Tate, a millionaire Miami ers demand excellence and parents and stu- Reverend ColoÂn has lived to help those who developer whose iron will and deep pockets dents place a high value on academic excel- have needed him. His long and fruitful career made a winner out of a little-known program lence. Bellaire High reflects a level of aca- as a pastor, counselor, chaplain and commu- that looked like it was going nowhere when nity activist has touched thousands of individ- contracts first went on sale in 1988. demic success that is becoming Houston Inde- ‘‘There were a lot of people who were say- pendent School District's trademark. uals in our community. Reverend ColoÂn has ing it would never fly,’’ said Tallahassee law- Mr. Speaker, I congratulate the National been an outstanding leader and a great role yer Philip Blank, general counsel for the Merit Scholar semifinalists at Bellaire High model, not only to the organizations he has program. ‘‘But when Stanley was appointed School: Ramsey Ashour, Averille Asprec, served so well but also to the Hispanic com- to the board, he took it to mean he needed to Jason Barnard, Adam Block, Patrick Bloom, munity and other religious organizations. do what he would do with his own private Andrew Cheung, Jonathan Chung, Lindsay As it is written in Hebrews 6:10 ``for God is business.’’ Derman, Kevin Elias, Dan Feng, Brian Foo, not unjust; he will not forget your work and the Florida was the second state to try a pre- Christina Fu, Emily Gray, Michael Hollington, love you have shown him as you have helped paid tuition program. The first, Michigan, was struggling through a troubled start-up. Jane Hu, Ana Islam, Risha Israni, Irwin Law, his people and continue to help them.'' The Although the Florida legislature approved Dennis Lee, Amy Len, Nicholas Lindsay, Mi- community, too, recognizes him and is honor- the program over-whelmingly in 1987, its chael Lipnick, Simon Lu, Amir Marouni, Maria ing him. staff was instructed to watch its progress McKeehan, Uzochukwu Odili, Jeremy Rahe, Mr. Speaker, I ask my colleagues to join me closely for signs of trouble. Suzanne Sacher, Brett Solomon, Gregory in recognizing Rev. Ruben Dario ColoÂn for his Tate knew it was sound because he helped Stoll, Angel Sun, Harriet Sun, Karla Sussman, remarkable career serving the community and design the plan from ground up. Andrew Swaffar, Erin Tavgac, Margie Teng, bringing hope to the many individuals he has In 1986, Gov. Bob Graham asked him to Millie Thomas, David Tsai, Stanley Tsao, Irene touched. While he is leaving Community work with the legislative staff to develop a Board #4, I am confident that Reverend ColoÂn, program like one just started in Michigan. Tung, Craig Wellington, Beverly Wind, Diana Tate and the staff learned from Michigan’s Yang, Ethan Yeh, and Chendi Zhang. a wise and talented leader will, continue serv- glitches and put together a program of guar- Additionally, I would like to congratulate an- ing our community. anteed prepayment of future university and other National Merit Scholar semifinalist, Jen- f community college tuition. nifer Guest of Westbury High School, which is The next year, Gov. Bob Martinez ap- also in the 25th Congressional District. TRIBUTE TO STANLEY G. TATE— MAKING HIGHER EDUCATION pointed Tate to the prepaid college plan f POSSIBLE FOR HUNDREDS OF board, and he became its first—and so far, only—chairman. TRIBUTE TO REVEREND RUBEN THOUSANDS OF FLORIDA’S CHIL- DARIO COLO´ N DREN STATEWIDE CAMPAIGN In 1988, with initial sales significantly ´ lower than he had predicted, Tate feared HON. JOSE E. SERRANO HON. CARRIE P. MEEK that the program would die the uncere- OF NEW YORK OF FLORIDA monious death of new products that are la- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES beled duds. Wednesday, October 21, 1998 Wednesday, October 21, 1998 So he put his business and personal life on hold and started barnstorming. ‘‘I went all Mr. SERRANO. Mr. Speaker, I rise today to Mrs. MEEK of Florida. Mr. Speaker, in 1987, over the state, from Pensacola on down,’’ pay tribute to Rev. Ruben Dario ColoÂn, one of with my strong support, the Florida Legislature Tate said. CONGRESSIONAL RECORD — Extensions of Remarks E2299 During a three-month crusade, he visited A MATTER OF MATH nium approaches, we are on the cusp of a local school boards and state education offi- He knew the plan could work after he saw ``golden age'' of medical and health discov- cials, promising he would get program pam- two sets of figures, he said: eries. Additional money will help increase the phlets to every school that would distribute From 1967 to 1987, state university tuition them to kids to take home to their parents. likelihood that such discoveries will take place. rose an average of 7 percent a year. During The outcomes will contribute to reducing suf- ‘‘I printed up two million pamphlets,’’ he the same period, stocks and bonds earned an said. average of 7.5 percent a year. The statistics fering and improving the quality of life for fu- The fledging program paid for as many as showed that if parents, grandparents and ture generations of Americans and all human it could. The plan, starting up with $600,000 other benefactors paid into the plan at cur- beings. borrowed from a state insurance fund, rent tuition rates, a well-run investment I thank my colleagues for their work and for couldn’t pay for them all. would make their money grow enough to having the chance to discuss this achievement Barnett Bank donated ad agency services, cover future tuition increases. with you today. I encourage my colleagues to and Tate wrote checks to TV and radio sta- Tate predicts the recent erratic stock and read the detailed justification for an increase in tions around the state to broadcast spots. He bond markets will stimulate a surge of inter- paid all his travel costs, too. est in prepaid tuition this year. NIH funding which I am submitting for the He estimates his campaign cost him In the past, experts like Mike Powers, record. $200,000 out of pocket. At first, he called it a whose book Investing for Your Child’s Col- NATIONAL INSTITUTES OF HEALTH FUNDING loan, but he never sought repayment. lege Education has just appeared, have rec- The National Institutes of Health has been ‘‘I can’t get him to take state reimburse- ommended prepaid plans for poor money ment to save my life,’’ Blank said. operating for many years at funding levels managers. But Powers wrote, ‘‘When exam- far below its capacity. Many new and excit- THOUSANDS SIGN UP ined from a purely economic perspective, ing research ideas that hold tremendous When the first enrollment period ended in they’re a lousy investment.’’ promise for the prevention and treatment of January 1989, the Florida Prepaid College But Powers wrote his book during a five- disease have gone unfunded because of lim- Program had sold 58,651 contracts—below year market boom. By the time it hit book- ited dollars, not due to lack of scientific Tate’s initial expectation of 100,000 but far stores, markets were plunging. merit. These trends, coupled with the wealth more than skeptics ever imagined. When investors get stockbrokers’ reports of emerging scientific opportunity, under- Tate, 70, said he had highly personal rea- ‘‘and see their value has gone down 15 or 20 score the need to enhance our national in- sons for his crusade as well as general prin- percent,’’ Tate said, they’ll see new merit in vestment in the health sciences. ciple. the idea of paying this year’s tuition rates to An increase of 23% over FY98 in NIH fund- Attending the University of Florida in the cover college costs that will be incurred up ing would be required to address scientific 1940s was one of the toughest ordeals of his to 22 years from new—when this fall’s opportunity in all of the Institutes under a life, he said in an interview last week. newborns are college seniors. scenario where budget dollars were unre- The son of a tung-oil dealer from Miami But he worries that a souring economy strained. The ‘‘Omnibus Appropriations’’ Beach, he was the first in his family to go to could lead prepaid tuition contract-holders measure provides an historic 15% increase college. He worked at Gainesville’s Primrose who need the program most to drop out. If for the NIH. NIH has developed specific ac- Inn restaurant for tips and meals. For two recession hits, he fears, thousands of cash- tion plans for each of its Institutes to guide years, he couldn’t go home for Christmas strapped Florida families who are prepaying a significant resource expansion. Although it break; otherwise he would have lost his job. tuition in monthly installments will let the is impossible to identify which of the lines of That experience illustrated how deeply he contracts lapse. scientific investigation will lead to a new Contract-holders who let their payments values a college education. treatment or cure, there is no shortage of lapse get a refund of what they paid in, with ‘‘I have always said that if this state is emerging scientific opportunity which no interest. But the contracts cannot be re- going to prosper, we’ve got to have more of should, as judged by past example, produce instated. our young people going to college and stay- positive results to improve the quality of life ‘‘It’s probably the second-most important ing in Florida,’’ Tate said. in this Nation. debt payment you can make, right behind As a developer who built a real-estate em- For example, in the National Cancer Insti- your mortgage payment,’’ Tate said. pire in Florida and South Carolina, he knows tute alone, professionals have called for a that a large pool of highly educated workers f $3.19 billion budget in FY99. The House Ap- is a magnet for industries and corporate op- propriations proposal of a 9% increase would erations. They buy prime property and con- NATIONAL INSTITUTES OF provide approximately $2.78 billion for NCI. struct upscale facilities and pay well. Their HEALTH FUNDING JUSTIFICATION Richard Klausner, NCI Director, said the dif- employees buy nice houses, cars and boats, ference would mean that, under the full in- and they get involved in civic and cultural crease, one-third of the agencies’ grants life, making communities stronger, he said. HON. GEORGE W. GEKAS would be funded rather than 28% being fund- A POLITICAL FIGURE OF PENNSYLVANIA ed under the latter scenario. Secondly, NCI He was a case in point. He graduated from IN THE HOUSE OF REPRESENTATIVES is considering a major expansion and rede- UF, came back to Dade, built a home in Bay Wednesday, October 21, 1998 sign of its clinical trial system. Funding will Harbor Islands, served 20 years in Bay Har- affect the speed with which NCI can expand bor Islands government as a councilman, Mr. GEKAS. Mr. Speaker, in the midst of this system so that the trials are faster and vice mayor and mayor. He also became a fix- political controversy, I rise to thank my col- more trials can be done. Additional funds ture in Republican politics, but worked com- leagues, Chairman JOHN PORTER of the Labor, would also help bring the clinical trials sys- fortably with Democrats, too. Health and Human Services, and Education tem up-to-date with technology. Instead of In 1993, President Clinton nominated Tate Subcommittee, the entire Appropriations Com- the pencil and paper system in place for over as chief executive officer of the Resolution mittee, and the Speaker for their leadership on 40 years, the additional increase could help pay for a new information-based electronics Trust Corp., which was charged with clean- the House Labor HHS Appropriations bill, thus ing up the national savings-and-loan mess. system to accommodate the more complex He spent five months in Washington prepar- disproving the disturbing mischaracterization clinical trials associated with biological ing to move into the job, but returned to of this Congressional session, what some markers. Miami when the Senate would not set con- have called a ``do nothing'' Congress. Instead, The funding increases provided for the NIH firmation hearings. I am proud to be here today to talk about the in this bill will accelerate research across Tate’s critics accused him of trying to get historical achievement that has taken place, the board, but particularly in six key areas involved in details of agency decision-mak- the fruit of many years of work. of emphasis: disorders of the nervous system, ing on behalf of friends and politicians. Tate, I'd like to thank my colleagues for making genetic medicine, pathogenesis, computers and instrumentation, new approaches to dis- however, believes he was a victim of sniping medical research funding a priority this year from insiders who objected to the strong ease prevention, and new avenues to thera- hands-on management methods he believed by providing a 15% ($2 billion) increase for the peutics. were necessary to identify and correct prob- National Institutes of Health. Over the years, In FY99, NIH plans to increase the number lems in the troubled regulatory agency. the Labor HHS Appropriations bill has allo- of grants substantially to an all-time record In any event, in Tate’s mind, all of his cated money wisely and responsibly, this leg- of just over 30,000 awards. Nearly 8,300 new other civic achievements pale in significance islation is known as a fiscally conservative bill. and competing awards will be made, achiev- to the prepaid program. The few allocations that are made, such as ing a success rate very close to 1 of every 3 ‘‘When you think of all the many thou- NIH funding, are carefully considered. grants being funded. In addition, the size of the average new and competing award will sands of college educations we’ve helped It is essential to point out that money in- make possible, that’s a real legacy,’’ he said. increase by about ten percent, permitting In- The program succeeds because it lets fami- vested in basic research cannot be expected stitutes to fund a greater number of grants lies work together to the benefit of to achieve a specific outcome. Instead, we at the levels recommended by review groups everybody’s children, said Tate, who has en- can expect to use such funds to accelerate and to better support more expensive forms rolled all of his Florida grandchildren. the pursuit of knowledge. As the new millen- of research such as patient-oriented research E2300 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 or research that requires vertebrate animals laundering by drug cartels is a plague on the cause confusion when developing the national to provide models of human disease. community. The fact of the matter is that strategy. For that reason, the Administration Funds will be used to develop new and money laundering has become big business, more powerful instruments; to attract train- requested and the Senate agreed to change ees and scientists in other fields to the prob- which is why it is drawn to financial centers the definition of money laundering. As it is lems posed by biology and medicine; to allow like New York City. But in doing so, it has set- now defined in H.R. 1756, money laundering more groups of investigators to purchase tled in areas like Jackson Heights, Queens in is more narrow, while giving the Secretary of shared instruments; and to expand the use of my district. The unfortunate reality is that the Treasury the ability to keep up with the dif- computers for analysis, exchange, and stor- these criminals do not bring investment dollars age of data. ferent ways that money can be moved in, out and a better way of life for my constituentsÐ and through any financial institution in the With increased resources, NIH will be able they bring guns, fear and death. to enhance their efforts to recruit and train To date, Congress has done little as a part- United States. However, the definition of the most talented individuals for careers in money laundering in this legislation has al- biomedical research. The agency will fund ner in this war. The time was long overdue for Washington to reach out even more and form ways included related state and local statutes, innovative research training programs that and it still does. emphasize trans-disciplinary work, will in- partnerships with those on the front lines. crease by 25% the stipends that are currently Finally this year, the Banking Committee The goal of the strategy is to coordinate a provided to graduate students and post-doc- held a hearing to highlight the work of the El response to money laundering between fed- toral fellows and a research environment Dorado Task Force in New York City. El Do- eral, state and local law enforcement and will be created that offers improved stability rado is a network of federal, state and local prosecutors. The intention was never to give and increased likelihood of research funding law enforcement officers and prosecutors who than was true in early years of this decade. the Secretary of Treasury new powers over The promises of biomedical research to focus on fighting money laundering in Jackson other agencies or for the Department of Treas- better human health can only be achieved if Heights, Queens and Washington Heights, ury to usurp the authority of other agencies in- we strengthen the nation’s capacity to per- Harlem. volved in our war on drugs. However, some El Dorado has targeted money remitter form clinical research, especially the re- concerns were raised by the Chairman of the search carried out through direct inter- services that are used more and more fre- actions with patient populations. With new quently by drug cartels to launder money Commerce Committee with respect to the Se- funds in FY99, NIH will initiate several new abroad. In fact, the task force identified 12 curities and Exchange Commission. As author categories of awards to enhance training and large scale businesses in the New York Metro- of this bill, I will state clearly and unequivocally support of clinical investigators; a program politan area that were used to wire hundreds for the record that it is not the intention of this that will finance a supervised five year ap- legislation to give the Secretary of the Treas- prenticeship for over 400 young investiga- of millions of dollars in illegal drug proceeds tors; a program that will provide salary sup- overseas. These companies are affiliated with ury any new or additional powers over the port for the clinical research activities of 250 hundreds of smaller businesses ranging from SEC. It is purely our intention that all agencies to 400 mid-career scientists who can serve as travel agencies to beeper and cellular tele- involved work together and coordinate a fed- mentors; and a training program that will phone outlets, which are found in predomi- eral response against money laundering. bring organized didactic programs in clinical nantly poor immigrant neighborhoods through- Since agencies like the SEC, although not po- research to over twenty institutions. out the city. litical in nature, regulate entities that are sub- NIH will significantly increase support for the national outstanding centers for clinical The result was that communities like Jack- ject to a lot of money laundering, the SEC research, including the General Clinical Re- son Heights were becoming magnets for drug needs to participate in developing the strategy search Centers; will expand their new pro- cartels to funnel their illicit proceeds from drug and combating these crimes. gram on the NIH campus that introduces sales to drug source countries. That is how I Additionally, state and local law enforcement medical and dental students to clinical re- became involved almost four years ago. search; continue loan repayment programs Hoping to reclaim their neighborhoods, I voiced their concern about not having enough to clinical trainees from disadvantaged was approached by several constituents dur- resources to fight huge crime syndicates. They backgrounds in the intramural program and ing a community meeting in Jackson Heights. made it clear that they wanted to be at the support the continued construction of the They told me that Roosevelt Avenue was be- table in order to include their experience. For Mark O. Hatfield Clinical Research Center of that reason, the definition of money laundering the NIH campus. coming overrun by envios, or money wire As with all federal agencies, NIH is com- services, that drug dealers were using to laun- stipulates that state and local statutes on mitted to frequent review and close over- der money to Medillin and Cali. They wanted money laundering are to be considered when sight of its scientific and administrative my help, because they saw their neighbor- developing the national strategy. Also, the practices. Despite a traditionally strong rep- hoods being overrun by drugs, violence and theme throughout the legislation is a coordi- utation for expert review of grant applica- more crime. nated response with localities, to help them tions, the Center for Scientific Review is Joining forces with District Attorney, Richard deal with the problem of money laundering. currently reexamining and restructuring Brown, I formed a working group to put an NIH’s peer review panels. Last year, the In fact, the designation of high risk money end to this type of crime. First of all, everyone agency commissioned a large-scale review of laundering areas is meant to highlight that cer- agreed that the best way to attack the drug administration at NIH, conducted by Arthur tain communities experience more severe Andersen. While the review was generally cartels was to get them where it would hurt complimentary of NIH’s practices, the agen- them the mostÐtheir profits. In order for car- problems with money laundering and need cy is currently in the process of implement- tels to reap profits, proceeds must be more help. The grant section of the legislation ing recommendations for improvement. laundered. That is how the Money Laundering is specifically meant to provide additional This year, the Institute of Medicine con- and Financial Crimes Strategy Act was con- money to local law enforcement officials and ducted a study of the process by which NIH ceived. prosecutorsÐespecially those with a proven identifies priorities for research funding. track record of joining forces with other local- NIH is moving expeditiously to implement The idea was to bring together every person the IOM findings by building new avenues for and entity involved in the war on drugs from itiesÐto help them combat money laundering. public input. state and local police and prosecutors to fed- These localities should be the recipients of the f eral agencies. In order to better coordinate grant moneyÐnot federal or state officials. these efforts to fight money laundering, the The goal of H.R. 1756, the Money Launder- MONEY LAUNDERING AND FINAN- Department of Treasury was made the lead ing and Financial Crimes Strategy Act of 1998, CIAL CRIMES STRATEGY ACT OF agency, in conjunction with the Department of is the formation of better partnerships and 1998 Justice. The two agencies were charged with devel- more equitable distribution of resources in our SPEECH OF oping a national strategy that would coordinate war on drugs. Greater attention can now be HON. NYDIA M. VELAZQUEZ efforts between all federal, state and local fi- given to fostering participation by smaller local nancial institutions, law enforcement, and law enforcement agencies, by making addi- OF NEW YORK tional resources available and giving them a IN THE HOUSE OF REPRESENTATIVES prosecutors. Since cartels change their mode of laundering illegal proceeds as quickly as greater ability to share information with each Friday, October 16, 1998 law enforcement officials catch up with them, other and the federal government. Together, Ms. VELAÂ ZQUEZ. Mr. Speaker, to many, the definition for money laundering was key. we will be able to hit drug cartels where they money laundering may seem like the stuff of The original definition of money laundering in- feel it the most. Together, we will win this war spy novels. But, to my constituents, money cluded many predicate offenses, that might on drugs. CONGRESSIONAL RECORD — Extensions of Remarks E2301 CONFERENCE REPORT ON H.R. 4328, Similarly with the IMF, while it has a real ex- rate human being. He is survived by his wife DEPARTMENT OF TRANSPOR- penditure of $18 billion, which I think is basi- Ann, a son Anthony and a daughter Jessica. TATION AND RELATED AGEN- cally disguised foreign aid, its reforms are no Mr. Speaker, I ask all my colleagues in the CIES APPROPRIATIONS ACT, 1999 more than fig leaves in substance. We had a House of Representatives to join me in ex- very small amendment that would simply list pressing condolences to Eben Tisdale's fam- SPEECH OF IMF expenditure like every other expenditure ily, and to commemorate his extraordinary HON. MARSHALL ‘‘MARK’’ SANFORD in the Federal Government. My own leader- service and contributions to the well being of OF SOUTH CAROLINA ship, for some odd reason, yielded to the our nation. IN THE HOUSE OF REPRESENTATIVES views of the Executive Branch and prevented f Tuesday, October 20, 1998 this reform. I think it makes sense because right now if the Federal Government buys 100 GEORGE SOROS DISCUSSES THE Mr. SANFORD. Mr. Speaker, I rise in oppo- thousand acres of land in Wyoming or buys a INTERNATIONAL FINANCIAL SYS- sition to this bill for a number of different rea- new Federal building, it is viewed as an ex- TEM AT BANKING COMMITTEE sons. Fundamentally, I rise because this Om- pense. However, if we invest $18 billion in the HEARING—U.S. ACTION AND AS- nibus Bill validates the idea that we are run- IMF, it is viewed as picking up an asset as we SISTANCE IS ESSENTIAL ning surpluses in Washington, when in fact, by pick up the drawing rights. Most people I know any normal accounting standards, we are not. would much rather have as collateral 100 HON. TOM LANTOS This year we will borrow $100 billion from the thousand acres in Wyoming or the Federal OF CALIFORNIA Social Security Trust Fund that will, in turn, building in Georgia than drawing rights for a IN THE HOUSE OF REPRESENTATIVES yield what Washington calls a surplus. This bill loan made to the Soviet Union. In fact, the last Wednesday, October 21, 1998 will take $20 billion, one-third of that ``pro- $4 billion the IMF sent to the Soviet Union, by tected surplus'' and spend it, and yet doing so all accounts, has been squandered. There are Mr. LANTOS. Mr. Speaker, last night this would break the President's commitment to other reasons this bill does not make a lot of House approved the Omnibus Appropriations saving every dime of the surplus for Social sense. Particularly, the fact that we are not Act which included funding for the Inter- Security. If Congress is unwilling to pass the seeing what we are voting on. The idea of vot- national Monetary Fund (IMF). Earlier this tax cut, and I took the President at his word ing for something you can't see is, I think, a month, the IMF and the World Bank held their because we want to save this so-called sur- particular disservice to your constituents that annual meetings here in Washington, D.C., plus for Social Security, how can we possibly you represent in Washington and I think it is against a backdrop of international financial take that money and spend it? I do not think a gross act of mismanagement to fund a third turmoil and serious concern about the econo- we can and that is fundamentally why we of all government spending in a process that mies of a number of key countries in the world should vote against this bill. is jammed into a 2 or 3 week time frame. I and about the ability of the international finan- It, as well, establishes a horrible precedence don't know of any businesses that could sur- cial system to deal with the crisis. The IMF of going over budget. When people back vive if they operated in this fashion. has not been successful in resolving the eco- home write an overdraft on their checking ac- For these reasons, it's validating a surplus nomic problems in East Asia and in Russia count, they have to pay the finance costs. when we do not have one, setting a precedent thus far. They are normal repercussions for families or of going over budget, incorrectly defining non- Just a few weeks ago, Mr. Speaker, George businesses when they exceed a budget, and emergency spending as emergency, and its Soros, the international financial genius, ap- yet Congress just creates a new category sham offsets say to me that a ``no'' vote is a peared before the House Banking Committee called Emergency Spending and says, vote that makes common sense. It is also one to issue a somber warning to the Congress of ``Oops,'' and moves on. $20 billion is hardly an that does not rob from the Social Security the United StatesÐUnless Congress is willing ``oops'' by the definition passed to me from Trust Fund, which I thought was something to support the IMF and take supportive action people along the coast of South Carolina. that the Democrats and the President were in dealing with the faltering international finan- Even what has been thrown into this emer- serious about. cial system, the disintegration of the global gency category is a stretch by any imagina- f capitalist system will have dire consequences tion. The Inman Report, in 1985, listed 126 for the United States economy because we embassy facilities that should be improved to IN MEMORY OF EBEN TISDALE are at the center of that system. We cannot by thwart attack. Forty buildings were improved and do nothing while other countries face eco- upon, the rest were left as they are. While the HON. ANNA G. ESHOO nomic crisis. attacks this year in Africa were tragic, they OF CALIFORNIA The instability and enormous losses that were hardly an emergency in that the possibil- IN THE HOUSE OF REPRESENTATIVES have been suffered on Wall Street in the past ity has been talked about for over 13 years. few weeks are just the latest indications of the Similarly, the Y2K problem, of which billions Wednesday, October 21, 1998 scope and gravity of this crisis. While this ini- are in this bill, is certainly a great problem, but Ms. ESHOO. Mr. Speaker, I rise today be- tial impact upon our own country has been not an emergency. CONNIE MORELLA and STE- fore the House to celebrate the life of a most limited so far to our financial markets, the con- PHEN HORN have held numerous hearings on distinguished citizen and incomparable profes- sequences of further deterioration would be the Y2K problem facing this Nation. There are sional, Eben Tisdale, who passed away on felt throughout our economy with con- other examples like that, and in fact, within the October 18, 1998. sequences that would be felt by all Americans. embassy section $100 million is there for a Eben Tisdale was the dean of high tech- Mr. Speaker, George Soros told the Banking Capitol Hill Visitor Center. The Capitol Hill nology advocates in Washington, D.C. He Committee that the Congress has an extraor- Visitors Center has been the subject of much served as Hewlett Packard Company's Gov- dinary responsibility and obligation to assure debate over the last 2 years. How a topic of ernment Relations Director in Washington, the success and the continued viability of the conversation for 10 years becomes an emer- D.C. since 1984, and is credited with giving IMF and the international financial system. Mr. gency, I do not quite understand. the industry a needed daily presence on Cap- Soros also told the Committee that ``I am con- Finally, this bill offers sham offsets and itol Hill. Tisdale joined Hewlett Packard follow- vinced that the attitude of the Congress was sham reforms that I do not think pass the lit- ing five years as Vice President of the Sci- already an important element in the failure to mus test of common sense. The offsets are entific Apparatus Makers Association in Wash- deal with Russia'' with all of the serious con- peculiar. For instance, in this bill, the Federal ington, D.C. sequences that could bring. Government takes over the pension fund liabil- In the 1970's, Eben helped create the Semi- Mr. Speaker, I regret that there was destruc- ities of the District of Columbia. The District of conductor Industry Association and the Elec- tive dithering and dallying on the part of the Columbia now invests in conventional invest- tronics Association of California. He is also leadership of the Congress earlier this year, ments like stock and bonds, and will take credited with convincing the high technology but I welcome the fact that the essential fund- those assets, sell them in the marketplace and industry that it needed to establish a strong ing for the IMF was included in the Omnibus use that money to pay for current spending presence in Washington, D.C. Appropriations legislation that we adopted last and call that an offset. Meanwhile, we ignore Eben Tisdale was a mentor for countless in- night. This important reversal in policy is in no the fact that the pension one day will have to dividuals associated with high technology small part due to the thoughtful and weighty be paid as people retire. That is not really an issues in Washington, D.C. today. Eben was arguments that George Soros advanced in offset, that is picking up a liability and yet we in a class by himselfÐa top professional, an testimony he presented at the Banking Com- call it ``offset'' in this bill. excellent strategist, a loyal friend and a first- mittee hearing a few weeks ago. E2302 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 I ask, Mr. Speaker, that Mr. Soros testimony cover and between February and April of this ers. The relief is bound to be temporary be- before the House Banking Committee be year most Asian markets recovered roughly cause the borders are porous and money will half their previous losses measured in local leave the country illegally; the effect on the placed in the RECORD, and I urge my col- currencies. That was a classic bear market economy will be disastrous but the local cap- leagues in the House to give it the thoughtful rally. italists who are associated with the regime consideration that it clearly deserves. The There comes a point when distress at the will be able to salvage their businesses un- matters that he discussed, which are of great periphery cannot be good for the center. I be- less the regime itself is toppled. The meas- significance for all of us in this body, have not lieve that we have reached that point with ures taken by Malaysia will hurt the other been resolved. Further important decisions the meltdown in Russia. I am not making countries which are trying to keep their fi- await the Congress, and George Soros' any predictions about the stock market, but nancial markets open because it will encour- thoughts are important for all of us as we con- I am ready to assert that we have reached age the flight of capital. In this respect Ma- sider our nation's economic future. that point. I have three main reasons for laysia has embarked on a begger-thy-neigh- saying so. bor policy. If this makes Malaysia look good TESTIMONY OF GEORGE SOROS—COMMITTEE ON One is that the Russian meltdown has re- in comparison with its neighbors, the policy BANKING AND FINANCIAL SERVICES, SEPTEM- vealed certain flaws in the international may easily find imitators, making it harder BER 15, 1998 banking system which had been previously for others to keep their markets open. This hearing is very timely because the disregarded. In addition to their exposure on The third major factor working for the dis- global capitalist system which has been re- their own balance sheets, banks engage in integration of the global capitalist system is sponsible for the remarkable prosperity of swaps, forward transactions and derivative the evident inability of the international this country in the last decade is coming trades among each other and with their cli- monetary authorities to hold it together. apart at the seams. The current decline in ents. These transactions do not show up in IMF programs do not seem to be working; in the US stock market is only a symptom, and the balance sheets of the banks. They are addition, the IMF has run out of money. The a belated symptom at that, of the more pro- constantly marked to market, that is to say, response of the G7 governments to the Rus- found problems that are afflicting the world they are constantly revalued and any dif- sia crisis was woefully inadequate, and the economy. Some Asian stock markets have ference between cost and market made up by loss of control was quite scary. Financial suffered worse declines than the Wall Street cash transfers. This is supposed to eliminate markets are rather peculiar in this respect: crash of 1929 and in addition their currencies the risk of any default. Swap, forward and they resent any kind of government inter- have also fallen to a fraction of what their derivative markets are very large and the ference but they hold a belief deep down that value was when they were tied to the US dol- margins razor thin; that is to say, the value if conditions get really rough the authorities lar. The financial collapse in Asia was fol- of the underlying amounts is a manifold will step in. This belief has now been shaken. lowed by an economic collapse. In Indonesia, multiple of the capital employed in the busi- These three factors are working together for instance, most of the gains in living ness. The transactions form a daisy chain to reinforce the reverse flow of capital from standards that accumulated during 30 years with many intermediaries and each inter- the periphery to the center. The initial of Suharto’s regime have disappeared. Mod- mediary has an obligation to his shock caused by the meltdown in Russia is ern buildings, factories and infrastructure counterparties without knowing who else is liable to wear off, but the strain on the pe- remain, but so does a population that has involved. The exposure to individual riphery is liable to continue. The flight of been uprooted from its rural origins. The counterparties is limited by setting credit capital has now spread to Brazil and if Brazil Japanese banking system is in deep trouble. lines. goes, Argentina will be endangered. There is The world’s second largest economy just re- The sophisticated system received a bad general panic in Latin America. Forecasts ported an annualized 3.3% decline in eco- jolt when the Russian banking system col- for global economic growth are being stead- nomic activity for the second quarter. Cur- lapsed. Russian banks defaulted on their ob- ily scaled down and I expect they will end up rently Russia has undergone a total financial ligations, but the Western banks remained in negative territory. If and when the decline meltdown. It is a scary spectacle and it will on the hook to their own clients. No way was spreads to our economy, we may become have incalculable human and political con- found to offset the obligations of one bank much less willing to accept the imports sequences. The contagion has now also against those of another. Many hedge funds which are necessary to feed the reverse flow spread to Latin America. and other speculative accounts sustained of capital and the breakdown in the global fi- It would be regrettable if we remained large enough losses that they had to be liq- nancial system may be accompanied by a complacent just because most of the trouble uidated. Normal spreads were disrupted and breakdown in international free trade. is occurring beyond our borders. We are all professionals who arbitrage between various This course of events can be prevented part of the global capitalist system which is derivatives, i.e.: trade one derivative against only by the intervention of the international characterized not only by free trade but another, also sustained large losses. A simi- financial authorities. The prospects are dim, more specifically by the free movement of lar situation arose shortly thereafter when because the G7 governments have just failed capital. The system is very favorable to fi- Malaysia deliberately shut down its finan- to intervene in Russia, but the consequences nancial capital which is free to pick and cial markets to foreigners but the Singapore of that failure may serve as a wake-up call. choose where to go and it has led to the rapid Monetary Authority in cooperation with There is an urgent need to rethink and re- growth of global financial markets. It can be other central banks took prompt action. form the global capitalist system. As the envisaged as a gigantic circulatory system, Outstanding contracts were netted out and Russian example has shown, the problems sucking up capital into the financial mar- the losses were shared. A potential system- will become progressively more intractable kets and institutions at the center and then atic failure was avoided. the longer they are allowed to fester. pumping it out to the periphery either di- These events led most market participants The rethinking must start with the rec- rectly in the form of credits and portfolio in- to reduce their exposure all round. Banks are ognition that financial markets are inher- vestments, or indirectly through multi- frantically trying to limit their exposure, ently unstable. The global capitalist system national corporations. deleverage, and reduce risk. Bank stocks is based on the belief that financial markets, Until the Thai crisis in July 1997 the center have plummeted. A global credit crunch is in left to their own devices, tend towards equi- was both sucking in and pumping out money the making. It is already restricting the flow librium. They are supposed to move like a vigorously, financial markets were growing of funds to the periphery, but it has also pendulum: they may be dislocated by exter- in size and importance and countries at the begun to affect the availability of credit in nal forces, so-called exogenous shocks, but periphery could obtain an ample supply of the domestic economy. The junk bond mar- they will seek to return to the equilibrium capital from the center by opening up their ket, for instance has already shut down. position. This belief is false. Financial mar- capital markets. There was a global boom in This brings me to my second point. The kets are given to excesses and if a boom/bust which the emerging markets fared especially pain at the periphery has become so intense sequence progresses beyond a certain point it well. At one point in 1994 more than half the that individual countries have begun to opt will never revert to where it came from. In- total inflow into US mutual funds went into out of the global capitalist system, or simply stead of acting like a pendulum financial emerging market funds. fall by the wayside. First Indonesia, then markets have recently acted more like a The Asian crisis reversed the direction of Russia have suffered a pretty complete wrecking ball, knocking over one economy the flow. Capital started fleeing the periph- breakdown but what has happened in Malay- after another. ery. At first, the reversal benefitted the fi- sia and to a lesser extent in Hong Kong is in There is much talk about imposing market nancial markets at the center. The U.S. some ways even more ominous. The collapse discipline but, imposing market discipline economy was just on the verge of overheat- in Indonesia and Russia was unintended, but means imposing instability, and how much ing and the Federal Reserve was contemplat- Malaysia opted out deliberately. It managed instability can society take? Market dis- ing raising the discount rate. The Asian cri- to inflict considerable damage on foreign in- cipline needs to be supplemented by another sis rendered such a move inadvisable and the vestors and speculators and it managed to discipline: maintaining stability in financial stock market took heart. The economy en- obtain some temporary relief, if not for the markets ought to be the objective of public joyed the best of all possible worlds with economy, then at least for the rulers of the policy. This is the general principle that I cheap imports keeping domestic inflationary country. The relief comes from being able to should like to propose. pressures in check and the stock market lower interest rates and to pump up the Despite the prevailing belief in free mar- made new highs. The buoyancy at the center stock market by isolating the country from kets this principle has already been accepted raised hopes that the periphery may also re- the outside world and squeezing short sell- and implemented on a national scale. We CONGRESSIONAL RECORD — Extensions of Remarks E2303 have the Federal Reserve and other financial Countries like Moldova and Romania have ers and listeners. The Putnam County Vidette, authorities whose mandate is to prevent a no one else to turn to but the IMF. The IMF for 125 years, has done a marvelous job cov- breakdown in our domestic financial mar- is perfectly capable of assisting them. It ering events affecting the Putnam County kets and if necessary act as lenders of last would be tragic if it ran out of resources. resort. I am confident that they are capable Replenishing the capital of the IMF will area. It is my pleasure to stand before the of carrying out their mandate. But we are not be sufficient to resolve the global finan- House to offer my thanks and congratulations sadly lacking in the appropriate financial cial crisis. A way has to be found to provide for those fine efforts. authorities in the international arena. We liquidity not only at the center but also at Mr. Speaker, I would urge my colleagues to have the Bretton Woods institutions—the the periphery. I believe there is an urgent stand and join me in paying special tribute to IMF and the World Bank—which have tried need for the creation of Special Drawing the Putnam County Vidette, for 125 years of valiantly to adapt themselves to rapidly Rights which can be used to guarantee the reporting excellence, and in wishing the changing circumstances. Admittedly the rollover of the already existing debt of coun- Vidette continued success in the future. IMF programs have not been successful in tries which receive the IMF’s seal of ap- f the current global financial crisis; its mis- proval. If there is no reward for good behav- sion and its methods of operation need to be ior, meltdowns and defections will multiply. OSHA REFORM IN THE 105TH reconsidered. I believe additional institu- But such radical ideas cannot even be consid- CONGRESS tions may be necessary. At the beginning of ered until Congress changes its attitude to- this year I proposed establishing an Inter- wards international institutions and the IMF national Credit Insurance Corporation, but in particular. HON. CASS BALLENGER at that time it was not yet clear that the re- So far our stock market has escaped rel- OF NORTH CAROLINA verse flow of capital would become such a se- atively unscathed and our economy has actu- IN THE HOUSE OF REPRESENTATIVES rious problem and my proposal fell flat. I be- ally benefited from the global crisis but lieve its time has now come. We shall have make no mistake: unless Congress is willing Wednesday, October 21, 1998 to establish some kind of international su- to support the IMF, the disintegration of the Mr. BALLENGER. Mr. Speaker, over the pervision over the national supervisory au- global capitalist system will hurt our finan- thorities. We shall also have to reconsider cial markets and our economy as well be- past three years, Republicans in Congress the workings of the international banking cause we are at the center of that system. have worked to reform the Occupational Safe- system and the functioning of the swap and ty and Health Administration (OSHA). For too f derivative markets. long OSHA has been marked by burdensome These issues are beyond the competence of and over-reaching regulations and unfair en- Congress. There is, however, one issue which A SPECIAL TRIBUTE TO THE PUT- is very much within its purview. That is the NAM COUNTY VIDETTE ON THE forcement. It has employers as foes rather request to authorize an increase in the cap- OCCASION OF ITS 125TH ANNI- than as partners in improving worker safety ital of the IMF. I am aware that Congress VERSARY and health. Not only has OSHA's approach was greatly influenced by the testimony made it one of the most disliked agencies in given by George Schultz opposing such an in- HON. PAUL E. GILLMOR the whole federal government, but also study crease. I hope my remarks will serve to con- after study has shown that OSHA's approach OF OHIO tradict that testimony. has been generally ineffective in improving George Schultz argued that it is better if IN THE HOUSE OF REPRESENTATIVES safety and health in the workplace. markets are allowed to look after them- Wednesday, October 21, 1998 selves than if they are looked after by regu- I am pleased to report that we have been lators. There is an element of truth in his ar- Mr. GILLMOR. Mr. Speaker, it is my pleas- able to make some progress in reforming gument: regulators do make mistakes. The ure to rise today to pay special tribute to a OSHA, though much more needs to be done. IMF approach clearly did not work, other- truly outstanding organization from Ohio's Fifth Three bills amending the Occupational Safety wise we would not find ourselves in the cur- Congressional District. Today, Wednesday, and Health Act were signed into law during rent situation. But that does not mean that October 21, 1998, the Putnam County Vidette the 105th Congress. What makes this more financial markets can look after themselves. will be celebrating the joyous occasion of its remarkable is that in the 28 years since OSHA Everybody looking out for his or her self-in- came into existence, there has been only one terest does not lead to equilibrium but to 125th Anniversary. what Alan Greenspan called irrational exu- Mr. Speaker, the Putnam County Vidette, a other change made to the law, and that was berance and afterwards panic. widely-circulated weekly newspaper in Colum- the penalty increase enacted as part of a tax George Schultz inveighed against the bus Grove, Ohio, is the source of a great deal and revenue increase bill by the Democrat moral hazard of bailing out irresponsible in- of information for its readers in and around the Congress in 1990. vestors and speculators. Here he has a valid Putnam County area. The Putnam County The first change we made requires OSHA to point. Bailouts did encourage irresponsible Vidette has been sending the community up- provide consultative services to small busi- behavior not so much by speculators—be- nesses. A small business that requests a con- cause we know that we have to take our dated news coverage and insight on county, lumps when markets decline—but by banks State, national, and international events for the sultation and then corrects the violations and other lenders who could count on the last 125 years. would not receive any citations or fines, and IMF coming in when a country got into dif- During that lengthy period, the readers have would not be inspected for at least one year, ficulties. The IMF imposed tough conditions come to know that the Putnam County Vidette unless there was a serious accident or a com- on the country concerned but it did not im- is a true icon in the reporting field, offering plaint was made to OSHA. These consulta- pose any penalties on the lenders. This high-quality and accurate reporting on myriad tions would be provided through state agen- asymmetry in the treatment of lenders and stories, profiles, and news-making events. In a cies, not by OSHA directly. My own company borrowers is a major source of instability in time when the media is under a constant mi- has participated in the consultation program the global capitalist system and it needs to be corrected. It has to be a focal point in the croscope, the Vidette is a true asset to the run by North Carolina OSHA, and I am soul searching that the IMF must undergo, community in which it circulates. pleased that we were able to authorize con- but I am glad to say that the IMF is learning Mr. Speaker, Ohio's Fifth Congressional sultation services as the first ``program'' fast. In its $2.2 billion program in Ukraine, it District is by far one of the largest districts in amendment to OSHA. With increased funding is imposing a new condition: 80% of the State stretching more than 150 miles and availability, this consultation programÐin Ukraine’s treasury bills have to be ‘‘volun- across northwest Ohio. My district is scattered which the government works with employers tarily’’ rescheduled into longer-term, lower with dozens of daily and weekly news publica- and their employees to improve safety and yielding instruments before the program can tions. In my years of service, I have found the health in the workplaceÐcan be an excellent go forward. This is a long way from the Mexican bailout of 1995 where the holders of Putnam County Vidette to be of the finest model for further changes in OSHA. Mexican treasury bills came out whole. quality and of the highest reporting standards. The second change we enacted this year The moral hazard now operates in the op- The dedication and attention to detail from the addresses a fundamental problem with OSHA posite direction; in not enabling the IMF to staff of the Vidette have certainly elevated the enforcement. During most of the years of do its work when it is most needed. Congress Vidette to a plateau of excellence. OSHA, under Democrat Congresses, OSHA bears an awesome responsibility for keeping Mr. Speaker, public officials have the good was measured in terms of enforcement: how the IMF alive. I am convinced that the atti- fortune to work with news organizations on a many citations were issued? How many and tude of the Congress was already an impor- tant element in the failure to deal with Rus- daily basis. As we work to improve the quality how large were the penalties against employ- sia. As you probably know I have founda- of life for the constituents we are elected to ers? Individual inspectors and their super- tions in many of the formerly communist represent, the media is charged with the re- visors were evaluated by the same criteria; countries. Some of these countries are badly sponsibility of covering our message and ac- raises and promotions were based on how hit by the fallout from the Russian collapse. curately reporting that information to the read- many citations and penalties they issued. So E2304 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 it is no surprise that inspectors focused more quired OSHA to use outside, independent ex- NANCY BOONE FANNING RETIRES on finding nitpicky and paperwork violations to perts to ``peer review'' the technical scientific FROM INSULAR AFFAIRS cite than the overall safety and health condi- and economic data used as the basis for tions of the workplace. The change enacted standards, and to write standards that are HON. ROBERT A. UNDERWOOD into law this year prohibits that practice. OSHA specific to identified industries and operations. OF GUAM may not use enforcement measures, such as Together these reforms would make OSHA's IN THE HOUSE OF REPRESENTATIVES penalties and citations, to evaluate the per- standards more credible and more efficient in Wednesday, October 21, 1998 formance of their compliance officers or their protecting health and safety without imposing supervisors. The goal of OSHA should be safe undue costs. Ironically, Mr. Jeffress' own De- Mr. UNDERWOOD. Mr. Speaker, I rise to and healthy jobs, not achieving a certain level partment of Labor opposed both of these com- announce that a long-time friend of Guam and of citations and fines. mon sense reforms. Rep. Wicker also worked a dedicated public servant has retired. Mrs. The third change enacted this year was a very hard to include a provision in the appro- Nancy Bonne Fanning, who has worked at the bill sponsored by Senator Enzi to apply to priations bill, similar to the bill that passed our Department of the Interior, mainly on island OSH Act, including enforcement and penalties, Committee, that would have required OSHA to issues retired at the end of September, after to the U.S. Postal Service. The Postal Service conduct peer review of the technical scientific 27 years of dedicated service to this Nation. has, in terms of the OSH Act, been consid- and economic data and assumptions used as It is no exaggeration to say that this won- derful lady will be missed by her colleagues at ered a federal agency, even though it is now the basis for standards. As my colleagues the Office of Insular Affairs (OIA), where she largely independent and directly competes know, credible scientific enterprise includes has been the Chief of Territorial Liaison and with private companies. Furthermore, worker peer review. Study after study and report after Director of Policy and her many friends in health and safety has been a continuing con- reportÐall have urged federal agencies, in- America's offshore areas. All of us have come cern at the Postal Service. Putting the Postal cluding OSHA, to use peer review. The blame Service under OSHA enforcement helps to to know and respect Nancy as a first-rate civil for the state of OSHA's standards-setting ``level the playing field'' as it competes with servant who put the interests of her staff and process falls squarely on the Department of private companies. her job before those of her own. Over the Labor, which has consistently opposed even In addition to these three amendments to years, she has encouraged the talents and ca- the mildest and most common sense reforms the OSH Act, I am pleased that the omnibus reers of countless subordinates and been a in that process. appropriations bill authorizes and funds a strong advocate within the bureaucracy on comprehensive and independent study of There are other issues that still need to be their behalf. ergonomics, to be conducted by the National addressed as well. OSHA does little to en- She will also be missed by the leaders of Academy of Sciences (NAS). In past years, courage voluntary workplace efforts by em- America's offshore islands, who have come to Congress has explicitly prohibited OSHA from ployers and employees to improve safety and know and rely on her professionalism, intense promulgating an ergonomics standard. This health, and some of OSHA's policies actually knowledge of island affairs, and devotion to year's appropriation bill does not include such discourage those efforts. During this Con- duty that has always been a hallmark of Mrs. a prohibition. However, OSHA is required by gress, I proposed changes that would have Fanning's career. In the process, she has won its statute to base an ergonomics standard on limited OSHA's access of an employer's own the trust and friendship of numerous island ``the best available evidence,'' and the pur- safety and health audits and assessments. presidents, governors, legislators and other pose of the NAS study is to assess and report OSHA's use of those for enforcement discour- leaders. on what the best evidence is with regard to ages companies' voluntary, thorough, and In a letter recently sent to Interior Secretary the nature, causes, and prevention of so- honest evaluations. I also proposed that we Bruce Babbitt, the Honorable Carl T.C. Gutier- called ergonomics injuries. It would therefore, improve the legal protections for employees rez, Governor of Guam, talked about one area in my view, be inconsistent with the statute for who raise health and safety concerns, to en- in which he believed that Mrs. Fanning has OSHA to promulgate an ergonomics standard sure that they have a fair and adequate made a valuable contribution. The Governor before the NAS study is completed. means of redress if they are discriminated wrote: ``If there is any success in the U.S. We also made progress on several other against for raising these concerns. Unfortu- Coral Reef Initiative, or any of the local initia- items, but we were unable to enact those nately the Clinton Administration was unwilling tives which followed, Mrs. Fanning is directly changes into law this year. I am disappointed to go along with these changes to improve the responsible. She worked tirelessly to make the that we were unable to enact legislation to legal protections for employers and employees Initiative a living document with real and help small businesses handle the paperwork who make efforts to improve safety and health measurable goals and direction. Without her burden imposed by OSHA's Hazard Commu- in the workplace. Opposition from the Clinton support, the damage done to Guam's reefs nication Standard. This was bipartisan legisla- Administration also continues to stalemate ef- from Typhoon Paka would have been much tion in both the House and the Senate. It sim- forts to allow greater employer-employee co- greater. Nancy worked quickly to identify ply made clear that employers could comply operation on safety and health and other clean-up funds and transfer them to Guam in with the OSHA Hazard Communication Stand- issues in their workplaces. My colleague, and the most expedition manner possible. One of ard's requirement for Material Safety Data Chairman of the Small Business Committee, her legacies will be that reefs surrounding the Sheets on hazardous substances through the Representative JIM TALENT, together with Sen- U.S. insular areas are healthier and better use of electronic means, rather than paper ator MIKE ENZI, have proposed a forward-look- managed because Nancy was there to help.'' copies. It also provided that certain basic infor- ing plan to allow companies to self-certify During her years at what is now called the mation on the substance be attached and writ- OSHA compliance, encouraging the pro-active Office of Insular Affairs, Nancy has worked on ten in terms understandable to non-chemistry use of private experts instead of waiting for a virtually every significant insular issue the Fed- majors. The bill passed the House on voice relatively rare OSHA inspection. All of these eral Government since the 1970's. Included in vote, but opposition to the bill from the Depart- are issues and proposals which we should the long list of major issues in which she has ment of Labor prevented this bill from being continue to work on next Congress. participated, are the creation of an elected considered in the Senate in the final days of governor for American Samoa, the phase-out the session. This is most unfortunate, as it In response to our efforts, OSHA has also of Interior-run administration of the former would have benefited both small business and made administrative changes which have Trust Territory and the introduction of local workers. helped to focus more of its resources on seri- self-government in these Pacific Islands, the I am also disappointed that we were unable ous health and safety concerns. I applaud Reagan-Bush negotiations on Guam Com- to make more progress in reforming OSHA's those changes. Other changes, however, such monwealth, discussions over Guam excess standards-setting process. Charles Jeffress, as the misnamed ``cooperative compliance federal lands and the introduction of the Asian the current Assistant Secretary for OSHA, has program,'' have shown how difficult it is to Development Bank into the Federated States complained that OSHA's standards-setting change OSHA's traditional ``command and of Micronesia and the Marshall Islands. process is broken and needs to be fixed. He control'' approach. The slow pace and incon- As Director of Policy, Nancy used her vast is not the first Assistant Secretary to acknowl- sistent direction of OSHA's own ``reinvention'' experience with the islands and their unique edge that, and I agree that there are serious changes points to the needs for continued leg- relationship with the Federal Government to problems with the current standards-setting islative reform as well as continued oversight ensure that the Department of the Interior was process. The Committee on Education and the to ensure that OSHA effectively promotes the able to meet its moral and legal obligations to Workforce attempted to address that problem goal of safe and healthful jobs for our nation's the residents of America's territories and pos- this year with two bills that would have re- workers. session. In the process, several generations of CONGRESSIONAL RECORD — Extensions of Remarks E2305 island leaders and a host of Washington offi- in order to enforce their pales for regulatory timely and courteous assistance from their cials, including many on Capitol Hill, found powers in all cases, except in the instance Federal government. that Mrs. Fanning was a Federal employee when the governmental units' activities in- The employees of the Chicago East Field who could be depended on time after time to volves action under the Convention in connec- Office are intimately involved in civic endeav- get the job done. It was never a surprise to tion with chemical weapons. I do not believe ors, contributing thousands of dollars annually anyone who knew Nancy to find her in her of- that this new requirement was intended, nor to the financially less fortunate, through the fice late at night or on weekends, working would it be desirable. Combined Federal Campaign and other local, hard, and never complaining. Those who won- f charitable, gift giving initiatives. der whether Federal workers earn their pay Mr. Speaker, I am honored to recognize the have obviously never met Nancy Boone Fan- ON IMPEACHMENT INQUIRY Chicago East Field Office of the Social Secu- ning. RESOLUTIONS rity Administration and Clara J. Bowers, Dis- Nancy Boone arrived at Interior just a few trict Manager; Renette Coachman, Assistant days short of her eighteenth birthday from her HON. ANNA G. ESHOO District Manager and Doris Murray, District home in West Virginia in September, 1971. OF CALIFORNIA Operations Officer for their unwavering service and commitment to our community. I am She was educated in a one-room school IN THE HOUSE OF REPRESENTATIVES house during her elementary school years, proud to join the celebration of the grand Wednesday, October 21, 1998 and made the decision to seek work in Wash- opening of their new service facility and I am ington after graduation from high school. Nan- Ms. ESHOO. Mr. Speaker, on October 8, privileged to enter these words in the CON- cy's first job at Interior was as a secretary with 1998, I cast what I believe was the most sig- GRESSIONAL RECORD of the United States the pay level of GS±3. Twenty-seven years nificant vote of my entire six-year service in House of Representatives. later, she was at the top of the Federal pay the House of Representatives. The issue of f impeachment is as weighty as the Constitution schedule, a reflection of just how valuable she MAKING FURTHER CONTINUING itselfÐit is a matter that has been debated has been to the Department of the Interior. APPROPRIATIONS FOR FISCAL only three times in the history of our nation. With 27 years of long hours and endless YEAR 1999 commute behind her, Nancy has decided to The House of Representatives received two change her life's priorities and devote time to proposals. Both proposals directed the House HON. JIM SAXTON her husband Mike Fanning and their young to proceed with an inquiry for impeachment. OF NEW JERSEY son, Michael. All of us wish her and her family Where the proposals differed was in scope IN THE HOUSE OF REPRESENTATIVES the best of success in the future. and duration. I voted for the proposal that in- I extend to Nancy my best wishes in retire- structed the House Judiciary Committee to Wednesday, October 21, 1998 ment and thank her, on behalf of my constitu- conclude its work by the end of the year, and Mr. SAXTON. Mr. Speaker, as Chairman of ents, for the outstanding work she has done to examine and make determinations on the the Congressional Task Force on Terrorism on our behalf over the years. Starr Report and the Starr Report only. and Unconventional Warfare, I strongly sup- f Mr. Speaker, this was not a vote for or port Section 117 of the Treasury Appropria- against the President. It was, in fact, a vote tions Conference Report now part of the FY CONFUSING BANKRUPTCY about fairness to the American people and 1999 Omnibus Appropriations Bill, which was PROVISION what is in our national interest. The President passed by the House of Representatives on must be held accountable by our constitutional October 20, 1998. This Section arose out of a HON. JOHN CONYERS, JR. process, but the American people should not need to assist American victims of terrorism or OF MICHIGAN be punished by how Congress applies that extrajudicial killing in recovering assets of IN THE HOUSE OF REPRESENTATIVES process. states that sponsor terrorism in order to help f Wednesday, October 21, 1998 satisfy civil judgments against such state- sponsors. Mr. CONYERS. Mr. Speaker, as ranking TRIBUTE TO THE SOCIAL SECU- I would like to comment briefly on the oper- member of the Judiciary Committee, I want to RITY ADMINISTRATION CHICAGO ation of Section 117. Subsection (f)(1)(A) clari- elucidate on the meaning of an isolated and EAST FIELD OFFICE fies existing law to allow the post-judgment confusing bankruptcy provision which unfortu- seizure of blocked foreign assets of terrorist nately appeared in the omnibus appropriations HON. BOBBY L. RUSH states to help satisfy judgment resulting from bill approved by the House yesterday. Section OF ILLINOIS actions brought against them under section 28 603 of Division I of the bill, entitled Chemical IN THE HOUSE OF REPRESENTATIVES USC 1605(a)(7), the Foreign Sovereign Immu- Weapons Convention should have originally Wednesday, October 21, 1998 nities Act's exception to immunity for acts of been referred to the Judiciary Committee for state sponsored terrorism involving the death action and study. As the Speaker is aware, Mr. RUSH. Mr. Speaker, I rise today to pay or personal injury of a United States national. bankruptcy legislation is quite complex and re- tribute to and recognize the Chicago East Subsection (f)(2)(A) establishes require- quires scrutiny of Members who are familiar Field Office of the Social Security Administra- ments upon the Secretary of Treasury and with the impact of proposed amendments. tion as they celebrate the grand opening of Secretary of State to assist in the location of Most importantly, this legislation should not their new office on Thursday, October 22, the blocked assets of terrorist states in order be read to expand the exceptions to the auto- 1998. to facilitate attachment and execution. Section matic stay to cases where governmental units Since 1939, the Chicago East Field Office (d) allows the President to waive the require- are merely seeking to exercise control of a has provided outstanding service to the people ments of Subsection (f)(2)(A). Section (d) how- debtor's property to satisfy debt. I believe that of the city of Chicago and indeed, the entire ever does not allow the waiver of subsection the provisions should be read to restrict the state of Illinois. They have been instrumental (f)(1)(A), as that subsection modifies existing exception to the automatic stay to cir- in rebuilding public confidence in the long term law, but imposes no ``requirement.'' cumstances where a governmental unit is en- solvency of the Social Security Trust funds, The Clinton Administration understands the forcing its police or regulatory power, but not Retirement and Survivors Insurance, Disability operation of Section (d)'s waiver and has acting to collect a debt or other financial obli- Insurance and Supplemental Security Income strongly opposed it. During the negotiations gations. This interpretation is consistent with Programs. over the Omnibus Appropriations Bill, the Ad- Chairman HYDE's reading of the language, The Chicago East Field Office is an exem- ministration vigorously sought to expand the which is reflected in a statement inserted in plary community-based, public service institu- scope of the waiver to include Subsection the CONGRESSIONAL RECORD on his behalf by tion that has been cited on numerous occa- (f)(1)(A). Various proposals to expand the International Relations Committee Chairman sions by the Social Security Administration for waiver to include Subsection (f)(1)(A) were re- GILMAN subsequent to previous Congressional successfully processing critical workload as- ceived from Under Secretary of State consideration of this legislation. See 143 signments that have led to improved service Eizenstat, the National Security Counsel Staff Cong. Rec. H 10951 (Nov. 13, 1997). delivery for the agency and cost-effective sav- and the Department of State's Office of the I am also concerned that by repealing ings to this nation's taxpayers. This office has Legal Advisor. Each of these many proposals § 362(b)(4) and § 362(b)(5) of the automatic worked tirelessly and cooperatively with my were rejected by Congress. stay, some may assert that governmental units district office to ensure that the residents of The intent of Congress is clear. We will not may now be required to seek relief from stay the First Congressional District receive quality, tolerate the murder of our children in acts of E2306 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1998 state sponsored terrorism. When a Court of It is my fervent hope that the biggest failure in 3G, they all agreed that avoiding strand- competent jurisdiction has determined that a of the 105th Congress will not be repeated in ing systems was an important goal for any terrorist state has sponsored acts of terrorism the 106th Congress. Let us pass a Federal global standard. resulting in the death or personal injury of a hate crimes bill as our first order of business One method to ensure technologies are not United States national, any and all of their as- in January. stranded is to require backwards compatibil- sets in this country may be attached and exe- ity. With the significant investment made in f the U.S. by developers, manufactures and cuted to satisfy the judgment. The significant STATEMENT BY CONGRESSWOMAN service providers of wireless telecommuni- financial loss to terrorist states will be a critical cations technologies, [it is imperative that deterrent to further acts of terrorism targeted CONNIE MORELLA, CHAIRWOMAN the U.S. Government] should work diligently at the citizens of this country. I applaud all SUBCOMMITTEE ON TECH- to ensure that these investments are not those members who helped make section 117 NOLOGY, COMMITTEE ON rendered worthless through the inter- a reality. SCIENCE national standard setting process. f To further emphasize this point, I entered THE BIGGEST FAILURE OF THE HON. CONSTANCE A. MORELLA into a colloquy with Commerce, Justice, State 105TH CONGRESS—NO HATE OF MARYLAND Appropriations Subcommittee Chairman HAR- CRIMES LEGISLATION IN THE HOUSE OF REPRESENTATIVES OLD ROGERS (R±KY) on August 3, 1998 indi- Wednesday, October 21, 1998 cating that the Department of Commerce, the HON. EDOLPHUS TOWNS Federal Communications Commission, and the Mrs. MORELLA. Mr. Speaker, I rise today to Department of State need to work diligently to OF NEW YORK address the House on an issue of importance IN THE HOUSE OF REPRESENTATIVES ensure that the large U.S. investments in built to our Nation's ability to compete in the 21st networks are not rendered useless through the Wednesday, October 21, 1998 Century's high-tech economy. Although the international standard setting process. issue involves arcane subjects such as inter- Mr. TOWNS. Mr. Speaker, on this our last That danger persists today. The European national standards, chip rates and band width, day of the 105th Congress, I must voice my Union (EU) is currently considering adoption of it has the potential to impact every American deep regret that we refused to take any action a single technical standard known by the acro- consumer who owns a cell phone and every on a Federal ``hate crimes'' bill. Many of my nym W±CDMA. W±CDMA is not compatible U.S. manufacturer and service provider whose colleagues argued that the assault and homi- with existing CDMA technologies. Because of cide statutes in the individual states were suffi- products enable our citizens to communicate previously approved EU-wide technological cient to address any abuses perpetrated on-the-go. standards, CDMA is not being used in the EU. against our citizens because of race, religion, The International Telecommunications Union CDMA, however, is one of the leading tech- ethnicity or sexual preference. Others argued (ITU) is currently in the process of deciding on nologies used in the United States. While U.S. that many states already had hate crimes laws a third generation wireless communications consumers, manufacturers, and service pro- on the books and therefore a Federal statute standards, better known as 3G. 3G is intended viders use a variety of technologies, many are was simply an unnecessary duplication. to provide cell phone customers with seamless heavily vested in CDMA technology. Unfortunately, our failure to act signals global roaming capacity. In theory, wireless much more than a concern about duplication communication devices will be able to work I have long been a proponent of allowing of laws or an honest debate about the suffi- not only in every State in the Union, but in vir- the marketplace to determine which tech- ciency of state laws to protect innocent citi- tually every country. nologies survive. In the case of wireless zens against crimes which occur simply be- Such a universal standard, or series of standards, however, we currently face a gov- cause the victims are in some way ``different'' standards, clearly has the potential to greatly ernment mandated technological monopoly in from their attackers. These physical attacks benefit U.S. consumers, cell phone manufac- Europe and a free and open technology mar- have increased with alarming frequency; they turers, and wireless telecommunications pro- ketplace in America. have been both racially motivated and viders. It also has the potential to harm all Clearly, the current system is unfair and homophobic. During the 105th Congress, we three. greatly disadvantages a number of U.S. com- saw violent racial attacks on Black men and That is why I, along with Technology Sub- panies. It is my goal to ensure that the 3G children which resulted in severe injuries in committee Ranking Member JAMES BARCIA process does not perpetuate this unfair tech- two cases and death in another. The recent (D±MI) and Congresswoman ELLEN TAUSCHER nical barrier to trade, and unnecessarily waste death of Wyoming student, Matthew Shepard, (D±CA), wrote to the administration outlining billions of dollars in U.S. investments. was due solely to the fact that he was gay and our findings from a hearing entitled ''Inter- his attackers hated gays. Bias and prejudice Though often overlooked, international national Standards Part II: The Impact of are not figments of a liberal imagination; they standards, including 3G, are an extremely im- are very real acts especially when they result Standards on the Digital Economy.'' The hear- portant component of international trade. We in death or injury. ing was held by the Subcommittee on Tech- must, however, be ever vigilant to ensure that Unless we make a clear public policy state- nology on June 4, 1998, in advance of the these standards are not used to bar U.S. busi- ment opposing these acts, we give the U.S. submission to the ITU of proposed stand- nesses from competing abroad. attackers the impression that their abhorrent ards for 3G. As the letter stated: Mr. Speaker, as the 105th Congress draws behavior is acceptable. That is why I have While the witnesses at the hearing had di- to a close, I want to assure my colleagues sponsored amendments to The Civil Rights vergent views on a number of substantive that, if my constituents give me the honor of Act, H.R. 365, which would give Federal civil issues, one issue which seemed to generate a representing them in the 106th Congress, I will significant degree of consensus was the need rights protection against discrimination on the to ensure that any future glogal standard continue to vigorously pursue, through hear- basis of sexual preference. But we must go not strand technologies which are currently ings and if necessary legislation, the arcane beyond anti-discrimination laws; we must en- in use. While some members of the panel but vital issue of preserving U.S. competitive- sure that there is a Federal statute to punish made the point that this is only one of sev- ness in the international standard setting the perpetrators of bias-based attacks. eral important issues that must be addressed arena.