1092 CONGRESSIONAL RECORD-HOUSE January 25, 1993 HOUSE OF REPRESENTATIVES-Monday, January 25, 1993

The House met at 12 noon. of Representatives. As you know, I have re­ HOUSE OF REPRESENTATIVES, signed today to serve in the President's Cabi­ Washington, DC, January 21, 1993. net as Secretary of Agriculture. I hope to Hon. THOMAS S. FOLEY' DESIGNATION OF SPEAKER PRO continue to work with you in my new posi­ The Speaker, House of Representatives, Wash­ TEMPORE tion and I thank you for your leadership ington, DC. The SPEAKER pro tempore laid be­ through the years. DEAR MR. SPEAKER: Attached is the letter Please find enclosed my resignation letter I have sent to the Governor of California no­ fore the House the following commu­ to Mississippi Governor Kirk Fordice. As I tifying him of my resignation from the U.S. nication from the Speaker: have written to Governor Fordice, I have ac­ House of Representatives effective 6 p.m. WASHINGTON, DC, cepted my new position with enthusiasm but today. January 22, 1993. also with a sense of tremendous gratitude Sincerely, I hereby designate the Honorable STENY H. and humility for the trust and confidence LEON E. PANETTA, HOYER to act as Speaker pro tempore on that the voters of my district have placed in Member of Congress. Monday. January 25, 1993. me over the years. In the many votes I have THOMAS S. FOLEY, cast and the many actions I have taken on HOUSE OF REPRESENTATIVES, Speaker of the their behalf, I have always tried to reflect Washington, DC, January 21, 1993. House of Representatives. credit on the 2nd Congressional District and Gov. PETE WILSON, on the great state of Mississippi. State Capitol, Sacramento, CA. It has been the ultimate honor for me to be DEAR GOVERNOR: Having been nominated PRAYER a part of our country's history by serving in by the President, and confirmed by the Sen­ the U.S. House of Representatives. I look for­ ate, as the Director of the Office of Manage­ The Chaplain, Rev. James David ward to continuing to serve my country in Ford, D.D., offered the following pray­ ment and Budget, I resign as U.S. Represent­ my new position and working with you and ative of the 17th Congressional District of er: my former colleagues in Congress. California effective 6:00 p.m. today. 0 gracious Lord, from whom comes Sincerely, Sincerely, every good gift, we offer our thanks for MIKE ESPY, LEONE. PANETTA, this new day and all its possibilities. Secretary of Agriculture. Member of Congress. May we use our time and energies to HOUSE OF REPRESENTATIVES, heal and not hurt, to seek unity and Washington, DC, January 21, 1993. not division, to respect and not dispar­ Hon. KIRK FORDICE, age, and to discover anew the bonds of Governor of Mississippi, State Capitol, Jackson, REPORT ON RESOLUTION PROVID­ solidarity and harmony that give us MS. ING FOR ESTABLISHMENT OF purpose and strength. Bless us this day DEAR GOVERNOR FORDICE: For the past six SELECT COMMITTEE ON AGING and every day, we pray. Amen. years, I have had the privilege of represent­ ing the people of the 2nd Congressional Dis­ Mr. MOAKLEY, from the Committee trict in the Congress of the United States. In on Rules, submitted a privileged report THE JOURNAL the many votes I have cast and the many ac­ (Rept. No. 10~1) on the resolution (H. tions I have taken on their behalf, I have al­ Res. 19) to establish the Select Cam­ , The SPEAKER pro tempore. The ways tried to reflect credit on the 2nd Con­ Chair has examined the Journal of the gressional District and on our great state of mi ttee on Aging, which was referred to last day's proceedings and announces Mississippi. the House Calendar and ordered to be to the House his approval thereof. As you are aware, I recently have been printed. Pursuant to clause 1, rule I, the Jour­ nominated by the President of the United nal stands approved. States and confirmed by the United States Senate to serve in the President's Cabinet as Secretary of Agriculture, As such, I am re­ PLEDGE OF ALLEGIANCE questing and do hereby submit my resigna­ REPORT ON RESOLUTION PROVID­ tion as United States Congressman effective ING FOR ESTABLISHMENT OF The SPEAKER pro tempore. The upon my taking the oath of office on Friday, SELECT COMMITTEE ON AGING Chair recognizes the gentleman from January 22, 1993, at approximately 10 a.m. Mr. MOAKLEY, from the Committee North Carolina [Mr. COBLE] to lead us EST. in the Pledge of Allegiance. Although I have accepted the new position on Rules, submitted a privileged report Mr. COBLE led the Pledge of Alle­ with enthusiasm, I leave my House seat with (Rept. No. 10~2) on the resolution (H. giance as fallows: a sense of tremendous gratitude and humil­ Res. 30) to establish the Select Com­ ity for the trust and confidence that the vot­ mittee on Aging, which was referred to I pledge allegiance to the Flag of the ers of my district have placed in me over the United States of America, and to the Repub­ the House Calendar and ordered to be years. printed. lic for which it stands, one nation under God, I assure you and the citizens of Mississippi indivisible, with liberty and justice for all. that I will continue to be an advocate and strong ally for all legitimate needs of the people of Mississippi. RESIGNATION FROM THE HOUSE Sincerely, OF REPRESENTATIVES REPORT ON RESOLUTION PROVID­ MIKE ESPY, ING FOR ESTABLISHMENT OF The SPEAKER pro tempore laid be­ Member of Congress, SELECT COMMITTEE ON CHIL­ fore the House the following resigna­ Secretary of Agriculture-Designate. DREN, YOUTH AND F AMffiIES tion from the House of Representa­ tives: Mr. MOAKLEY, from the Committee RESIGNATION FROM THE HOUSE on Rules, submitted a privileged report JANUARY 22, 1993. OF REPRESENTATIVES (Rept. No. 10~) on the resolution (H. Hon. THOMAS FOLEY' Speaker, House of Representatives, Washington, The SPEAKER pro tempore laid be­ Res. 23) to establish the Select Com­ DC. fore the House the following resigna­ mittee on Children, Youth and Fami­ DEAR MR. SPEAKER: It has been a pleasure tion from the House of Repre sen ta­ lies, which was referred to the House and honor for me to serve in the U.S. House tives: Calendar and ordered to be printed.

D This symbol represents the time of day during the House proceedings, e.g., D 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1093 REPORT ON RESOLUTION PROVID­ 253(g)(l)(B) of the Act (2 U.S.C. chael Seidman, a former Marshall clerk who ING FOR ESTABLISHMENT OF 903(g)(l)(B)), shall be made. is now a Georgetown University constitu­ SELECT COMMITTEE ON HUNGER WILLIAM J. CLINTON. tional law professor. "He held an unusual THE WHITE HOUSE, January 21, 1993. combination of reverence for the American Mr. MOAKLEY, from the Committee justice system and a realization that his peo­ on Rules, submitted a privileged report ple were excluded." (Rept. No. 103-4) on the resolution (H. In 1967, President Lyndon B. Johnson ap­ TRIBUTE TO JUSTICE THURGOOD Res. 19) to establish the Select Com­ pointed Marshall to the court. During his 24- mittee on Hunger, which was referred MARSHALL year tenure, he was the only black justice. to the House Calendar and ordered to (Mr. EDWARDS of California asked He was replaced by Clarence Thomas, also a and was given permission to address black man. but one who adopted a judicial be printed. approach that is the opposite of Marshall's the House for 1 minute and to revise liberalism. and extend his remarks and include ex­ Marshall's record on the court was consist­ REPORT ON RESOLUTION PROVID­ traneous material.) ent: Always the defender of individual rights, ING FOR ESTABLISHMENT OF Mr. EDWARDS of California. Mr. he sided with minorities and the underprivi­ THE SELECT COMMITTEE ON Speaker, it was with great sadness that leged; he favored affirmative action and sup­ NARCOTICS ABUSE AND CON­ we read in the morning paper of the ported abortion rights, and he always op­ passing of Justice Thurgood Marshall. posed the death penalty. TROL But he was not the liberal leader that re­ Mr. MOAKLEY, from the Committee Justice Marshall was truly one of the tired Justice William J. Brennan Jr. once giants of the civil rights movement in on Rules, submitted a privileged report was. He did not strive for consensus, and as (Rept. No. 103-5) on the resolution (H. the United States. He was born in Bal­ a result was the author of few significant timore 84 years ago of modest family Res. 20) to establish the Select Com­ majority opinions. background. His mother was a school­ In a statement, President Clinton said mittee on Narcotics Abuse and Control, Marshall was "a giant in the quest for which was referred to the House Cal­ teacher and his father a steward in a yacht club. He fought his way through human rights and equal opportunity in the endar and ordered to be printed. whole history of our country." college, through law school, and in 1954 Chief Justice William H. Rehnquist said was the NAACP lawyer that went to Marshall will be remembered as much for his COMMUNICATION FROM THE the Supreme Court and won very prob­ work before coming to the court as after­ CLERK OF THE HOUSE ably the ·greatest civil rights decision ward for "his untiring leadership in the legal in history, Brown v. Board of Education. battle to outlaw racial discrimination." The SPEAKER pro tempore laid be­ In 1967, Lyndon Johnson appointed Before Marshall joined the court, he had fore the House the following commu­ Thurgood Marshall to the Supreme distinguished himself as the country's first nication from the Clerk of the House of Court. From then until his retirement black solicitor general, serving in that post Re pre sen tati ves: from 1965 to 1967 and taking a lead in pro­ l1/2 years ago because of ill health, he moting the Johnson administration's civil WASHINGTON, DC, continued as truly one of the great gi­ and constitutional rights agenda. January 22 , 1993. ants in American history. Marshall came to national prominence as Hon. THOMAS s. FOLEY, I can remember many times going be­ the chief lawyer for the NAACP Legal De­ The Speaker, House of Representatives, Wash­ fore the Court in the modest duties fense and Education Fund, when he argued a ington, DC. series of 1954 school desegregation cases DEAR MR. SPEAKER: Pursuant to the per­ that we have in Congress when we must swear in a constituent. It was always a known collectively as Brown v. Board of Edu­ mission granted in Clause 5 of Rule III of the cation. The Supreme Court ruled in those Rules of the U.S. House of Representatives, I great thrill to see Thurgood Marshall cases that segregation in public schools was have the honor to transmit a sealed envelope sitting on the Court and to reflect on unconstitutional. received from the White House on Thursday, the great contributions he had made As a lawyer, Marshall also took the lead in January 21, 1993 at 6:40 p.m. and said to con­ throughout his life for equality, for fair litigation that ended white-only primary tain a message from the President whereby play, and for our constitutional rights elections and explicit racial discrimination he notifies the Congress of his decision of the in housing contracts. maximum deficit amount under the Bal­ as guaranteed by the Bill of Rights. Mr. Speaker, I include for the His greatest cause was defendants' rights, anced Budget and Emergency Control Act of and when he left the court two years ago, he 1986. RECORD the well-written article from was the last of the justices to oppose the With great respect, I am the Washington Post this morning death penalty. Sincerely yours, about his life. People close to him said frustration with DONNALD K. ANDERSON, THURGOOD MARSHALL, RETIRED JUSTICE, DIES the court's conservative turn in recent years Clerk, House of Representatives. (By Joan Biskupic) prompted his retirement. But at a news conference at the time, Mar­ Retired Supreme Court Justice Thurgood shall blasted suggestions that his retirement Marshall, a relentless voice for minorities stemmed from anger about the future of the NOTIFICATION OF ADJUSTMENT whose six-decade legal career was emblem­ OF MAXIMUM DEFICIT AMOUNT conservative-dominated court. atic of the civil rights revolution, died yes­ "What's wrong with me?" Marshall said OF BUDGET-MESSAGE FROM terday of heart failure. impatiently. "I'm old. I'm getting old and THE PRESIDENT OF THE UNITED He was 84 years old and had been retired coming apart." STATES since June 1991. Marshall had been in failing Such was the style of a man who could be health in recent months. He died at the Na­ The SPEAKER pro tempore laid be­ eloquent or, when he wanted, slip into slang tional Naval Medical Center in Bethesda, and black dialect. When he was asked what fore the House the following message where he had been since Thursday. He had he was going to do in retirement, he said, from the President of the United planned to administer the oath of office to "Sit on my rear end." States; which was read and, together Vice President Gore last Wednesday, but He was 6-foot-2, a physically imposing man with the accompanying papers, without could not because of his condition. who always appeared to be coming out of his objection, referred to the Committee Marshall, who was born in Baltimore the black robes, and had a distinctive gravelly on Government Operations and ordered son of an elementary school teacher and voice. He said he wanted to be remembered to be printed: yacht-club steward, went on to become one this way: "That he did what he could with of the most important figures in civil rights what he had." To the Congress of the United States: history, first as a lawyer for the National As­ Marshall's roots were unlike those of any Pursuant to section 254(c) of the Bal­ sociation for the Advancement of Colored other justice before him. anced Budget and Emergency Deficit People (NAACP) and then as the first black He was born July 2, 1908. The great-grand­ Control Act of 1985, as amended Supreme Court justice. He was known for son of a slave brought to America from Afri­ both his sense of humor and his impatience ca's Congo region, Marshall was named after ("Act") (2 U.S.C. 904(c)), notification is over the ongoing struggle of blacks in Amer­ a paternal grandfather, who had chosen the hereby provided by my decision that ica. name "Thorough Good" for himself when en­ the adjustment of the maximum deficit "He was somebody who had absolutely no listing in the Union army during the Civil amount, as allowed under section sense of his own importance," said Louis Mi- War. Marshall later changed it to Thurgood. 1094 CONGRESSIONAL RECORD-HOUSE January 25, 1993 His mother was an elementary school of a California constitutional amendment Marshall favored a different standard for teacher and his father a steward at an all­ prohibiting open housing legislation. determining whether state or federal laws white yacht club on the Chesapeake Bay. On June 13, 1967, at 11 a.m., Marshall called violated equal protection guarantees, and his Marshall attended Douglas High School in his wife, Cecilia, from the White House. sliding scale approach influenced the court Baltimore, working as a delivery boy for a " Take a deep breath and sit down slowly," in later years to give greater scrutiny to women's store after school. he reportedly told her. Then Johnson's voice government decisions and more broadly read He later confessed to having been a bit of came on the line and told her Marshall had equal protection guarantees. a cutup in high school and college. He re­ just been nominated to the Supreme Court. In the years closer to his retirement, Mar­ called that in high school he often was pun­ The Senate confirmed Marshall 69 to 11 on shall increasingly assumed a defensive role. ished by being sent to the basement and August 30, 1967, making him the first black Until his close friend Brennan retired in forced to memorize "one paragraph of the justice in the court's 178-year history. He 1990, it was just the two of them who would Constitution for every infraction. . . . In faced criticism from only a few southern sen­ dissent from any decision that would lead to two years, I knew the whole thing by heart," ators, who attacked his " activist" tempera­ the execution of a defendant. he considered he said. ment. the death penalty immoral in principle and Marshall attended the all-black Lincoln But Marshall was to join likeminded breth­ discriminatory in application. University in Pennsylvania, earning money ren. The court was then led by Chief Justice " I'll never give up," he said in an interview for tuition by waiting tables. Earl Warren, who already had begun a judi­ in December 1983. " On something like that, He obtained his law degree from Howard cial and social revolution. you can't give up and you can't compromise. University in 1933, graduating first in his Through the 1970s, Marshall was more reg­ It's so morally correct." class. ularly a steady vote for the opinions of lib­ On the day he resigned- June 27, 1991- Marshall attributed his interest in law to eral-leaning justices than author of major Marshall fired a parting shot that embodied "arguing with my dad. We'd argue about ev­ opinions himself. his vigilance for criminal defendants and mi­ erything." He also credited his father with In 1972, when the court struck down capital norities generally. instilling in him a fighting spirit. "Son," he punishment as it was being practiced, he It was in a dissent in Payne v. Tennessee, a once recalled his father saying, "if anyone wrote one of the most definitive statements case in which a narrow majority upheld the on the death penalty: ever calls you a nigger, you not only got my " Death is irrevocable. Life imprisonment use of "victim impact" statements in death permission to fight him, you got my orders is not. Death, of course, makes rehabilita­ penalty cases, overruling two earlier cases to fight him." tion impossible. Life imprisonment does not. that had prohibited such evidence from being Marshall remembered carrying out those In short, death has always been viewed as introduced. orders one time when, as a delivery boy, he the ultimate sanction .. .. In striking down Marshall believed that the focus on a vic­ accidentally brushed against a woman on a capital punishment, this court does not ma­ tim's character and his family's suffering Baltimore trolley car because he couldn't see lign our system of government. On the con­ would shift jury attention from whether the over a stack of hat boxes he was carrying. A trary, it pays homage to it. . . . In recogniz­ defendant was guilty to the victim's char­ white man called him "nigger" and Marshall ing the humanity of our fellow beings, we acter and be difficult for the defendant to took him on. pay ourselves the highest tribute." rebut. Marshall began practicing law in Balti­ In that landmark ruling, Furman v. Geor­ Objecting to the conservative majority's more after graduating from Howard. One of gia, the court set out procedural safeguards overturning of precedent, Marshall wrote, his first civil rights cases was a successful ef­ that states must follow if they wish to im­ "Tomorrow's victims may be minorities, fort to gain admission for a young black man pose the death penalty, and since then a ma­ women or the indigent. Inevitably, this cam­ to the University of Maryland Law School. jority of the states have reinstituted capital paign to resurrect yesterday's 'spirited dis­ Three years later, he was hired as an as­ punishment. sents' will squander the authority and legit­ sistant to the national counsel for the It was to be Marshall's dissents, particu­ imacy of this Court as a protector of the NAACP and two years later became chief larly in death penalty cases, thundering with powerless." counsel. indignation, that gained most attention. He Marshall's overall health and his eyesight In late 1939, he created the NAACP Legal was suspicious of police searches and interro­ began to deteriorate in recent years. He had Defense and Educational Fund, and as its gation. He took a similar liberal tack in had a heart attack in 1976. He wrote fewer head from 1940 to 1961 he worked within the other areas, disdaining restrictions on opinions and appeared to have difficulty legal system to improve minority rights. speech, government expenditure benefiting reading from the bench the ones he did write. Traveling around the country, he won doz­ religion and the weakening of environmental He was hospitalized in 1987 with a blood ens of civil rights victories. He recalled in regulations. clot in his right foot, and had been in and recent years how he was often run out of In a partial concurrence in Univerity of out of hospitals since. town by whites who despised his work for California Regents v. Bakke that endorsed a But he never lost any of his exuberance. black liberation. broader remedial use of race-conscious pro­ Shortly before Marshall retired, Justice Marshall won all but three of the 32 cases grams, he wrote in 1978: "It must be remem­ Byron R. White quipped to a law clerk, "In he argued before the Supreme Court, includ­ bered that, during most of the past 200 years, my 25 years here, Justice Marshall has told ing the 1954 Brown ruling. That landmark de­ the Constitution as interpreted by this court 1,000 stories and never the same one twice." cision ended "separate but equal" school sys­ did not prohibit the most ingenious and per­ And friends say Marshall never forgot that tems. He achieved Brown through a series of suasive forms of discrimination against the he was black. court cases over several years, methodically Negro. Now, when a state acts to remedy the In his 1991 farewell news conference, he was dismantling the foundations of segregation. effects of that legacy of discrimination, I asked whether he considered blacks, in the He also was at the lead in the integration cannot believe that this same Constitution words of the Rev. Martin Luther King Jr., of the Little Rock, Ark.. Central High stands as a barrier. "free at last." School in 1957, as well as crafting successful "At every point from birth to death, the "Well, I'm not free. All I know is that legal arguments against poll taxes, racial re­ impact of the past is reflected in the still­ years ago, when I was a youngster, a Pull­ strictions in housing and white primary elec­ disfavored position of the Negro. In light of man porter told me that he had been in tions. the sorry history of discrimination and its every city in this country ... and he had In 1961, President John F. Kennedy se­ devastating impact on the lives of Negroes, never been in any city in the United States lected Marshall for the U.S. Court of Appeals bringing the Negro into the mainstream of where he had to put his hand up in front of for the 2nd Circuit. The nomination initially American life should be a state interest of his face to find out he was a Negro. I agree was opposed by southern Democrats in the the highest order. To fail to do so is to en­ with him." Senate, who claimed he lacked legal quali­ sure that America will forever remain a di­ Marshall's first wife, Vivian Burney, died fications for the job. But Marshall was ap­ vided society." in February 1955. He married Cecilia A. proved several months later, becoming the Legal scholars say that Marshall's most Suyat in late December of that year. He is second black judge to sit on the 2nd Circuit. important doctrinal contribution likely survived by his wife, Cecilia, and their two Marshall served on the appeals court until came in a dissent to the 1973 San Antonio sons. Thurgood Marshall Jr. and John Wil­ 1965, when Johnson appointed him solicitor Independent School District v. Rodriguez. In liam Marshall, all of Northern Virginia, and general of the United States, the govern­ that Texas case a five-justice majority said four grandchildren. ment's top lawyer at the Supreme Court. an education is not a fundamental right From every corner of the globe there are Johnson had several civil rights victories at guaranteed by the Constitution. people who believe in the American dream. the court while Marshall was solicitor gen­ In an opinion by Lewis F. Powell Jr., the eral, including high court approval for the court said the constitutional guarantee of What is that dream? 1965 Voting Rights Act. equal protection does not require that courts It is that all persons-no matter their race, Marshall also provided the government's apply the strictest level of scrutiny to state creed, color, gender or disability-are created backing to a case that led to the overturning decisions on how to finance public schools. equal and entitled to life, liberty and the pur- January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1095 suit of happiness. Mr. Justice Thurgood Mar­ ensued, of course, because of Saddam's vidual voices, all seeking to be heard shall challenged us to make the dream a re­ repeated violations of the U.N. resolu­ and seen and concerned only with the ality for all. tions. interests of their own districts. No col­ Thurgood Marshall helped lead the way in 0 1210 lective priorities seem to appear. codifying that dream into law. As one of the I want to share a priority of mine, re­ chief strategists and litigators at the NAACP I am not suggesting that media rep­ ducing excessive regulation. We all and later, as a thoughtful and principled jurist, resentatives generously lace their sto­ want the economy to grow, to make Justice Marshall was at the center of the mod­ ries with pro-American spins. I am sug­ new jobs, to protect the jobs that now ern civil rights movement. That movement gesting, however, that they refrain exist and increase the quality of jobs. made this Nation confront and dismantle its le­ from attaching anti-American spins to Yet clearly, we overregulate business gally sanctioned system of apartheid. their reports when to do so would be and destroy the incentive to create Today, our Federal civil rights laws prohibit inappropriate. those jobs. discrimination based upon race, color, religion, Mr. Rather's choice of delivery, in We need a system of regulatory national origin, sex, and disability. And an ef­ my opinion, was indelicate at best, de­ measurement, it seems to me, to see if fort will be made in the 103d Congress to pro­ ceptive, misleading, and distorted at the regulation squares with the stat­ hibit discrimination based upon sexual pref­ worst. ute, to indeed measure and see if the erence. regulation is effectively administered. Those resistant to change have argued that THE LIFE OF JUSTICE THURGOOD Is there a cost-benefit ratio? what we must change are hearts not laws. MARSHALL Finally, do regulations produce the Well, Justice Marshall's lifelong battle dem­ desired result? I intend to introduce a onstrated to the Nation and the world that (Ms. NORTON asked and was given bill that will provide for these meas­ changing laws means changing behavior­ permission to address the House for 1 ures. eventually the hearts may follow. Public sup­ minute and to revise and extend her re­ port for civil rights is stronger today, than it marks.) was when Thurgood Marshall created the Ms. NORTON. Mr. Speaker, the mod­ IN TRIBUTE TO THE LATE HONOR­ ern civil rights era ended yesterday at ABLE JUSTICE THURGOOD MAR­ NAACP Legal Defense and Education Fund in SHALL 1939. 2 p.m. with the passing of Thurgood Today, the dream is beyond the grasp of far Marshall. Hearing cases as a court of (Mr. BARCIA asked and was given too many Americans. And no one recognized appeals judge until the end, Marshall permission to address the House for 1 that more than Justice Thurgood Marshall. But seemed to keep the era alive all by minute and to revise and extend his re­ if there is one lesson we have learned from himself. Now we must complete the marks.) him it is that we must be vigilant in our quest work of equality he masterminded Mr. BARCIA. Mr. Speaker, the lamp for the dream. Because if we give up that without him. went out yesterday on one of our Na­ quest, we lose our greatness as a nation. Any one of the several roles he tion's brightest lights. Thurgood Mar­ played so well would have won him a shall's life illuminated the path for us unique place in the Nation's history: all. He taught us about the law and ELECTION OF MEMBER AS CHAIR­ The greatest courtroom lawyer perhaps about equal justice under the law. Most MAN OF COMMITTEE ON THE in our entire history, the first black of all he taught us how to live-with BUDGET Solicitor General, the first African­ dignity and courage and hope. No man Mr. HOYER. Mr. Speaker, by direc­ American Supreme Court Justice, and loved this country more or held it to a tion of the Democratic Caucus, I call a crucial figure in the Supreme Court higher standard. In so many areas, his up a privileged resolution (H. Res. 39) majority that reshaped the American standard is now America's and we are and ask for its immediate consider­ Constitution and, of course, the archi­ better for it. His great laugh now ation. tect of the most important decision of graces the heavens as it did our land. The Clerk read the resolution, as fol­ the 20th century, Brown v. Board of Our prayers go out to the Marshall lows: Education. family along with our gratitude for H. RES. 39 I am personally indebted to the man their having shared his brilliant life The following-named Member be and is whose work desegregated the public with so many grateful people. hereby elected as chairman of the following schools of the Nation's Capital, where I standing committee of the House of Rep­ sat on May 17, 1954, hearing the prin­ resentatives: cipal announce what the decision CLINTON: THE ABORTION Committee on the Budget: Martin Olav meant to us. And the Nation will for­ PRESIDENT Sabo, Chairman. ever be in the debt of the man whose (Mr. SMITH of New Jersey asked and Mr. HOYER. Mr. Speaker, I move the work made possible the peaceful over­ was given permission to address the previous question on the resolution. throw of segregation. House for 1 minute and to revise and The previous question was ordered. extend his remarks.) The resolution was agreed to. Mr. SMITH of New Jersey. Mr. A motion to reconsider was laid on OVERREGULATION OF BUSINESS Speaker, Mr. Clinton promised Ameri­ the table. (Mr. THOMAS of Wyoming asked and cans he would have his economic plan was given permission to address the on the table the day after inauguration House for 1 minute.) day. NEWS REPORTING ON ATTACKS ON Mr. THOMAS of Wyoming. Mr. Where is it? BAGHDAD Speaker, the time has come for the Instead, in a revelation of priorities, (Mr. COBLE asked and was given per­ Congress to move forward in dealing Mr. Clinton issued orders establishing mission to address the House for 1 with the problems of this country. Dur­ several new policies promoting abor­ minute and to revise and extend his re­ ing the campaign there were, of course, tions for teenagers and military per­ marks.) many definitive lists of problems and sonnel, accelerating importation of Mr. COBLE. Mr. Speaker, some re­ solutions. Now it appears that in some RU486-the dangerous new baby poison cent evenings ago Dan Rather com­ ways that the imperative to deal with from France, a policy pushing abor­ menced his nightly newscast by in­ those has gone. tions as birth control in developing forming his viewers that President The Congress, through its leadership, countries, and a new policy that allows Bush had ordered the United States to should set some priorities and stand­ baby brains and body parts to be trans­ attack Baghdad. The implication was ards and an agenda of the major issues planted with Federal funds-turning "Here is Bush and the Americans gang­ and a timetable to resolve them. Too those child victims into unwitting ing up on Saddam again." This attack often the Congress is a series of indi- guinea pigs. 1096 CONGRESSIONAL RECORD-HOUSE January 25, 1993 Mr. Clinton isn't the economic Presi­ ANOTHER DEMOCRATIC TAX for 1 minute and to revise and extend dent. Mr. Clinton is the abortion Presi­ INCREASE her remarks.) dent. Mr. Clinton-a captive of the (Mr. GINGRICH asked and was given Mrs. SCHROEDER. Mr. Speaker, be­ abortion industry-says he wants abor­ permission to address the House for 1 cause of all the emphasis on Zoe Baird tions to be "rare" and then turns minute and to revise and extend his re­ this weekend, an awful lot of people around and aggressively promotes new marks.) missed the incredible historic signifi­ antibaby policies that will lead to Mr. GINGRICH. Mr. Speaker, accord­ cance of the Executive orders signed by more abortions. He turns logic on its ing to the news, the latest Democratic President Clinton. With one stroke of head. Saddest of all, many babies will tax increase has been proposed. This the pen he said that over half Ameri­ die cruel deaths by chemical poison or new Democratic tax increase, proposed ca's population will be treated as dismemberment both here and abroad · by Treasury Secretary Bentsen, will be adults by the Federal Government. because of Mr. Clinton's new antichild a tax increase on consumption and With one stroke of the pen he lifted the policies. probably an energy tax, so taxing the gag rule, which says that when women rich, the Democrats' battle cry now be­ go to family planning clinics they can comes taxing everyone. be treated as adults and hear about all SEMATECH RESEARCH PROJECT An energy tax will tax everyone with UPDATE sorts of different options available to air-conditioning. An energy tax will them if the medical people there think (Mr. PICKLE asked and was given tax everyone who drives a car or truck. they need to. permission to address the House for 1 An energy tax will tax everyone who Second, with one stroke of the pen he minute and to revise and extend his re­ buys manufactured and transported took politics out of science again, so marks.) goods because both manufacturing and that people with Alzheimer's, Parkin­ Mr. PICKLE. Mr. Speaker, I rise to transporting require energy. son's disease, juvenile diabetes, once congratulate my colleagues in the U.S. Apparently, the Democrats believe if again can see that research get back on Congress for their foresight and wis­ one uses energy, one must be rich. It track that they were doing with fetal dom in funding the Serna tech research took less than 1 week in office for the tissue. With a stroke of the pen, he project. The project is paying dividends Democrats to abandon a middle class started treating women in the military beyond our greatest expectations, and tax cut and replace their campaign with the same rights as the women is one of the greatest success stories of pledge with a tax increase on everyone, that they are defending back home, the past 5 years. from poor to middle class to wealthy. and with a stroke of the pen he said, I am happy to note that our national "Let us look again at our policy on research semiconductor computer con­ JUSTICE THURGOOD MARSHALL RU486. It should maybe be let into this sortium, Sematech, has achieved its (Mr. MAZZOLI asked and was give country," to look at tumor treatment primary mission and has done so on permission to address the House for 1 and all the other things that should schedule and under budget. minute and to revise and extend his re­ happen. Sematech has developed semiconduc­ marks.) I think the reason there was a 20-per­ tor chips as small as .35 micron, and Mr. MAZZOLI. Mr. Speaker, rarely cent gap between working women sup­ has done so using equipment that is 100 has the death of an individual evoked porting Bush, that terrific gender gap, percent American-made. the outpouring of tributes, encomiums, was because they were tired of the Fed­ This is half the size of the current and high statements as has the death, eral Government not seeing them as state-of-the-art product. This accom­ the unfortunate death, this weekend of adults. I am very, very pleased that plishment is being viewed by many in Justice Thurgood Marshall, formerly of one of President Clinton's first acts the computer industry as one of the the U.S. Supreme Court. was to start treating women as adults most important advances in decades. Justice Marshall served for nearly a and the Federal Government getting To put this amazing technological quarter century on the high court, dur­ out of their personal lives. advance in perspective, let me give an ing which he rendered opinions, always analogy: If one were to imagine a com­ in favor of the little person, the person puter chip being the size of Washing­ who was having a difficult time being AMERICA HAS LOST A TRUE ton, DC, these new components would recognized as a human being and, of HERO, THURGOOD MARSHALL be the size of a small apple. course, his great hallmark as a lawyer (Mr. WYNN asked and was given per­ The benefits of this technology are was his argument, successfully, before mission to address the House for 1 extraordinary. It will allow the vast the Court in the Brown versus Board of minute.) . expanse of semiconductor power, and Education case which destroyed the Mr. WYNN. Mr. Speaker, we have will enhance national security since it separate-but-equal doctrine of public lost a champion for civil rights this uses only American technology. education. past weekend. Supreme Court Justice Mr. Speaker, this development once D 1220 Thurgood Marshall, the great-grandson again underscores the success of the of a slave, the 84-year-old maverick and Sematech research project. This won­ Mr. Speaker, this outpouring, prob­ champion of civil rights, passed away derful public/private partnership has ably more than anything else, dem­ onstrates not only the worthwhileness of heart failure. Marshall fought for ra­ returned the United States to its right­ of this individual as a man, as a law­ cial justice his entire career, but he ful place as leader of the world's semi­ yer, as a jurist, but also it dem­ started his illustrious career not very conductor industry. onstrates how firmly and forever he from from here, when as a young attor­ Five years ago, when Sematech will be held in high regard by this Na­ ney just out of Howard University he began operation, American companies tion as one of its great historical fig­ battled to get a young African-Amer­ controlled just 40 percent of the chip ures. ican into the University of Maryland. equipment making industry. We now I join with all of our colleagues in He continued his battle for 20 years, control 53 percent, and virtually all ob­ the House and all of our citizens in the and in 1954 as an attorney for the servers, from the trade press to indus­ country in extending to Mrs. Marshall NAACP he won a series of landmark try analysts to our own GAO give the and to the family our deep condolences desegregation cases referred to as credit to Sematech. on his tragic death. Brown versus Board of Education. Clearly, the Federal investment, Marshall said that the separate but matched by private funding, has more equal philosophy of the times was in­ than paid off, and we can all be proud HISTORIC EXECUTIVE ORDERS herently unequal and unfair. The Court of a project that will continue to en­ SIGNED BY PRESIDENT CLINTON concurred, and American history was hance our strategic and economic secu­ (Mrs. SCHROEDER asked and was changed forever. Marshall accom­ rity for years to come. given permission to address the House plished many firsts in his career. He January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1097 served as the first black Solicitor Gen­ Rules Committee reports accompany­ H. RES. 23 eral, where he was acting as the Fed­ ing each of these resolutions, the text (Creating a Select Committee on Children, eral Government's highest ranking at­ of the Cardin-Synar resolution, and ex­ Youth & Families) torney at the Supreme Court. Ap­ cerpts from the Congressional Quar­ (An amendment offered by Mr. Solomon of pointed by Lyndon Johnson, he went terly story, the relevant excerpt from New York.) At the end of the resolution, add the fol­ on to become the first black member of the AEI-Brookings report, and a story lowing new section: the Supreme Court, where he served for from this week's Roll Call. The items "SEC. 7. Termination of Select Committee. 24 years. He fought many battles for follow: "(a) Notwithstanding any other provision the environment, against housing dis­ HOUSE OF REPRESENTATIVES, of this resolution, the select committee shall crimination, and agains~ poll taxes, Washington, DC, January 25, 1993. cease to exist on December 31, 1993. "(b) The records, files and materials of the but he is best remembered for his work VOTE TO SUNSET FOUR SELECT COMMITTEES in education and his conviction that no select committee shall be transferred to the Dear Colleague: On Tuesday and Wednes­ Clerk of the House.". matter what their skin color, every day of this week, the House will consider res­ American has a constitutional right to olutions to reestablish four non-legislative H. RES. 18 an education. select committees. I urge you to vote "no" (Creating a Select Committee on Hunger) Thurgood Marshall said that in light on the previous question so that I can offer (An amendment offered by Mr. Solomon of of the sorry history of discrimination amendments to sunset them at the end of New York.) and its devastating impact on the lives this year. At the end of the resolution, add the fol­ of negroes, bringing the negro into the As you may know, select committees are lowing new section: supposed to be temporary entities created "TERMINATION OF SELECT COMMIT­ mainstream of American life should be for special purposes and limited time peri­ a state of interest of the highest order. TEE" ods. And yet, the pending select committees "SEC. 7. (a) Notwithstanding any other pro­ To fail to do so is to ensure that Amer­ have been in existence for 52 years at a total vision of this resolution, the select commit­ ica will forever remain a divided soci­ cost of nearly S45 million, and see no need to tee shall cease to exist on December 31, 1993. ety. Thanks to Thurgood Marshall, we ever terminate themselves. Below is a table "(b) The records, files and materials of the are moving toward a unified society. comparing the life-span and costs of each: select committee shall be transferred to the Mr. Speaker, America has lost a true Clerk of the House.". Total hero, Thurgood Marshall. Total costs Select committee Created years (in mil· H. RES. 20 lions) (Creating a Select Committee on Narcotics DEFEAT PREVIOUS QUESTION TO Aging ...... 1974 18 $21.9 Abuse & Control) SUNSET SELECT COMMITTEES Narcotics ...... 1976 16 10.5 (An amendment offered by Mr. Solomon of Children, Youth, etc ...... 1982 10 6.9 The SPEAKER pro tempore (Mr. Hunger ...... 1984 8 5.3 New York At the end of the resolution, add the fol­ KOPETSKI). Under a previous order of lowing new section: the House, the gentleman from New The one-year sunset amendment I am of­ "SEC. 7. Termination of Select Committee. York [Mr. SOLOMON] is recognized for 5 fering is designed to allow the Joint Com­ "(a) Notwithstanding any other provision minutes. mittee on the Organization of Congress to re­ of this resolution, the select committee shall Mr. SOLOMON. Mr. Speaker, tomor­ port to the House its recommendations as to cease to exist on December 31, 1993. whether these select committees should be "(b) The records, files and materials of the row and Wednesday the House will take continued beyond this year. This approach up resolutions to reauthorize four non­ select committee shall be transferred to the was proposed in the joint AEI-Brookings Clerk of the House." . legislative select committees. I will "Renewing Congress" First Report issued ask for a vote to defeat the previous last November, and was reflected in the MINORITY VIEWS ON REAUTHORIZING FOUR question on each in order to offer an Cardin-Synar resolution in the Democratic SELECT COMMITTEES amendment to sunset them at the end Caucus last December. Strike a real blow for "For many are called, but few are chosen." of this year. congressional reform: vote "no" on the pre­ (Matthew 22:14) We have already eliminated some 16 vious question and "yes" for this sunset ap­ The word "select" is from the Latin proach. selectus, meaning "chosen." Unfortunately, standing subcommittees this year in Sincerely, order to better focus the work of our things have gotten to such a point in the GERALD B. SOLOMON, House that some select committees think standing committees and House Mem­ Member of Congress. they are among the "chosen few," entitled to bers. It makes little sense to continue eternal life by Holy Writ. these nonlegislative select committees H. RES. 19 In point of fact, select committees are when we are otherwise trying to re­ (Creating a Select Committee on Aging) rooted in a more mundane sense of the term: store and strengthen our standing com­ (An amendment offered by Mr. Solomon of "limited." They are created for a limited mittee system. New York.) purpose and a limited time. In the early Con­ gresses, select committees were appointed to The issue before the House this week At the end of the resolution, add the fol­ is not whether these select committees draft specific bills. And, once they had re­ lowing new section: ported, they would go out of existence. With have performed a valuable service. Al­ "SEC. 7. Termination of Select Committee. the development of standing, legislative most everyone would concede that they "(a) Notwithstanding any other provision committees in the early 19th Century, select have. The real issue is whether we of this resolution, the select committee shall legislative committees fell into disuse. want to begin the process of reforming cease to exist on December 31, 1993. But that was not the end of select commit­ this institution by eliminating extra­ "(b) The records, files and materials of the tees. Instead, they took on a new life and neous entities and staff so that the select committee shall be transferred to the purpose of their own as select investigating House may better address its legisla­ Clerk of the House.". committees. And, with this new role, they gained in popularity and number. But still, tive and related oversight responsibil­ H. RES. 30 they were limited in purpose and duration. ities. (Creating a Select Committee on Aging) During World War II, they proliferated to This is not a partisan issue. My sun­ such an extent that the Joint Committee on set approach was offered in the Demo­ (An amendment offered by Mr. Solomon of the Organization of Congress in 1945 was cratic Caucus by Representatives New York.) charged with examining the whole commit­ CARDIN and SYNAR and was originally At the end of the resolution, add the fol­ tee system, including the overlapping juris­ proposed by the nonpartisan, joint lowing new section: dictions between and among select and AEI-Brookings "Renewing Congress" " SEC. 7. Termination of Select Committee. standing committees. "(a) Notwithstanding any other provision The Joint Committee reported back in First Report issued last November. of this resolution, the select committee shall 1946, recommending a consolidation and re­ At this point in the RECORD, Mr. cease to exist on December 31, 1993. duction in standing committees in both Speaker, I include a colleague letter "(b) The records, files and materials of the Houses, and that in the future, "the practice sent today, the text of the sunset select committee shall be transferred to the of creating special committees of investiga­ amendments, our minority views to the Clerk of the House.". tion be abandoned." 1098 CONGRESSIONAL RECORD-HOUSE January 25, 1993 While the Joint Committee's recommenda­ volved in the creation of the select commit­ performed by these select committees over tion was honored for awhile, it was soon for­ tee. The report also contained a model reso­ the years. They have indeed been engaged in gotten, and select committees again began lution to be used for the creation of select a very noble calling, have conducted some to proliferate. The problem became suffi­ committees and a questionnaire to be filled­ very helpful hearings and studies, and have ciently serious that on May 18, 1977, this out by those proposing their creation. issued some extremely informative reports. Committee adopted a motion directing its While it was the clear intent of the Rules Subcommittee on the Rules and Organiza­ Committee in 1977 (and again in 1983 when it But, as the Congress undertakes a com­ tion of the House, chaired by Rep. Gillis reissued an updated version of the report) prehensive overhaul of the institution Long (D-LA), to conduct a full and com­ that select committees, if they were found to through the new Joint Committee on the Or­ prehensive study of the history and philoso­ be absolutely necessary, should only exist ganization of Congress, we strongly feel that phy of select committees and detailed review for a Congress or two at the most, the record the elimination of these select committees of pending resolutions to create various se­ of the four current non-legislative select now will enabl ~ the Joint Committee to con­ lect committees. The Subcommittee re­ committees makes it quite clear that view is centrate its efforts on how best to realign ported back on October 31, 1977, in a report not shared by them. The life-spans of these and strengthen our standing committees in a entitled, " Guidelines for the Establishment select committees and their total costs to way that best serves the House, its Members, of Select Committees." In its opening para­ date are as follows: the Congress and the American people. By graph, the Subcommittee had this to say focusing now on deficiencies in the current Total about select committees: Cre- Total costs committee system, the Joint Committee will "The Subcommittee on Rules and Organi­ Select committee ated years (in mil- better be able to design a standing commit­ zation of the House recognizes that special lions) tee structure for the challenges of the Twen­ circumstances sometimes justify the cre­ Aging ... 1974 18 $21.9 ty First Century. ation of select committees. In general, how­ Narcotics ...... 1976 16 10.5 ever. the proliferation of such committees Children, Youth, etc. 1982 JO 6.9 While our preference would be to termi­ adds to spiraling congressional costs, exacer­ Hunger ...... 1984 8 53 nate all four select committees within 30- days after the adoption of this resolution, we bates already serious space problems. im­ All told, these four, non-legislative select poses additional committee burdens on Mem­ are willing to allow the House a vote on a committees have existed for 52 years and compromise to sunset the select committees bers, and may interfere with the effective­ spent $44.7 million since their inception. In ness of the standing committee system. (p. at the end of this year. This was originally calendar year 1992, their total authorization recommended by the Democratic Caucus 2)" level was $3. 7 million ($7.4 million for the The Subcommittee went on to recommend Committee on Organization, Study and Re­ 102nd Congress), operating with a total staff view as well as by the joint Brookings-AEI a set of criteria to be used by the Rules Com­ of 91. [See Tables 1. & 2. accompanying these mittee in considering proposals to create se­ views.] Renewing Congress Project. We offered this lect committees. These included: the need The House cannot turn a deaf ear at a time alternative in the Rules Committee and un­ for select committees to focus on a signifi­ when the American people are calling on the fortunately, the Committee majority was cant and major issue; the failure of the Congress and President for change, including even unwilling to allow the House a vote on present committee system to address the a top-to-bottom reform of both Branches. such a compromise. We will therefore urge issue effectively; a clear definition of the Moreover, President Clinton has pledged a defeat of the previous question on the resolu­ subject matter and objectives of the pro­ 25% reduction in White House staff and has tion so that it might be amended to provide posed select committee; a delineation of the called on Congress to reduce its staff by the for a one-year sunset of the select commit­ methodology to be used by the select com­ same amount. And the best place to begin is tees. mittee in its inquiry and its expected prod­ by abolishing all four non-legislative select GERALD B. SOLOMON. ucts; the specification of a definite length of committees. JAMES H . QUILLEN. time for the proposed select committee to We do not make this recommendation DAVID DREIER. exist; and an outline of the cost factors in- lightly, or out of any criticism of the work PORTER Goss. TABLE 1.-FUNDING FOR CURRENT HOUSE NONLEGISLATIVE SELECT COMMITTEES FROM INCEPTION

Name of Select Committee Aging Narcotics Children Hunger Total Year: 1975 ...... $600,000 $600,000 1976 ...... 580,000 ·······s111:ss1 691,667 1977 ...... 787,625 722,204 1,509,829 1978 ...... 985,891 722,204 1.708,095 1979 ...... 1,050,000 700,000 1.750,000 1980 ...... 1,233,000 600,000 1,833,000 1981 ...... 1,233,000 540,000 1,773,000 1982 ...... 1,223,680 540,000 1,763,680 1983 ...... ················ ········ 1,316,057 616,823 ·········ss34:soii 2,467.488 1984 ...... ······························· ··· ...... 1,398,373 643,643 700,000 S449:2so 3,191,266 1985 ...... 1,454,308 662,952 721,000 616,970 3,455,230 1986 1,321.499 602.410 655,157 560,627 3,139,693 1987 1,361,144 620.482 674,812 577.446 3,233,884 1988 .. 1,388,367 632,892 688,308 588,995 3,298,562 1989 1,430,018 651,879 708,957 606,665 3,397,519 1990 1,481,499 700.770 734,479 628,505 3,545,253 1991 1,542,240 729,502 764 ,593 654,274 3,690,609 1992 . 1,542,240 729,502 764.593 654.274 3,690,609 Total 21 ,928,941 10,526,930 6,946,507 5,337,006 44,738,650 Sources: House Administration Committee, based on authorizations approved by the House in annual committee funding resolutions; "Guidelines for the Establishment of Select Committees," House Committee on Rules, Subcommittee on the Legislative Process 98th Congress, Feb. 1983 (Subcommittee Print); "Congressional Committee Staff and Funding," by Carol Hardy Vincent, Government Division, Congressional Research Service, Issue Brief (IB82006), Sept. 24, 1990 & Aug. 7, 1992.

TABLE 2.-MEMBER AND STAFF RATIOS ON HOUSE COMMITTEES, 1020 CONGRESS

Party ratio Democrat/Republican Staff ratio Democrat/Re­ Total publican Staff member members Number Percent Total ratio staff Number Percent

Committee: Agriculture ...... 45 27118 60/40 63 43nD 68/32 1.4:1 Appropriations ...... 59 37122 63137 221 167/54 76124 3.7:1 Armed Services ...... 54 33121 61/39 83 NA 1.5:1 Banking ...... 52 31120 60/40 116 90/26 78122 2.2:1 Budget ...... 37 23/14 62/38 96 69127 72128 2.6:1 District of Columbia ...... 11 7/4 64/36 39 28/11 72/28 3.5:1 Education and Labor ...... 37 23/14 62/38 121 96125 79121 3.3:1 Energy and Commerce ...... 43 27/16 63/37 151 122129 81/19 3.5:1 Foreign Affairs ...... 43 26/17 60/40 104 80/24 77123 2.4:1 Government Operations 41 25/15 61/39 86 69/17 80/20 2.1:1 House Administration . 24 1519 63137 73 56117 77123 3.0:1 January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1099 TABLE 2.-MEMBER AND STAFF RATIOS ON HOUSE COMMITIEES, 1020 CONGRESS-Continued

Party ratio Democrat/Republican Staff ratio Democrat/Re- Staff Total publican member members Total ratio Number Percent staff Number Percent

Interior 42 26/16 62/38 83 64/19 77123 2.0:1 Judiciary ...... 34 21/13 62/38 71 57/14 80/20 2.1:1 Merchant Marine 45 28117 62/38 77 56/21 73127 1.7:1 Post Office ...... 22 14/8 64/36 84 65/19 77123 3.8:1 Public Works . 55 34/21 62/38 98 67/31 68132 1.8:1 Rules ...... 13 9/4 69/31 48 35/13 73127 3.7:1 Science ...... 51 32/19 63137 85 67118 79/21 1.7:1 Small Business 44 27117 61/39 53 35/18 66/34 1.2:1 Standards ...... 14 m 50/50 11 NA 0.8:1 Veterans' Affairs 34 21/13 62/38 43 29/14 ··········51i33 1.3:1 Ways and Means 36 23/13 68122 90 68122 76/24 2.5:1 Select Committees: · Aging ...... 68 41/27 60/40 37 27/10 73127 0.5:1 Children, Youth, Families 36 22/14 61/39 20 13/7 65/35 0.6:1 Hunger 33 21/12 64/36 16 10/6 63/37 0.5:1 Intelligence . 21 1318 62/38 18 NA 0.9:1 Narcotics ...... 35 21/14 60/40 18 12/6 67133 0.5:1 October Surprise Task Force ...... 13 8/5 62/38 10 6/4 60/40 0.8:1 Notes.-At the outset of the 102d Congress there were 267 Democrats (61%) to 167 Republicans (38%) and one Independent. Sources: "The Congressional Standing Committee System," by Carol Hardy Vincent. Government Division, Congressional Research Service, September 14, 1992 (92-707 GOV); Committee Budget Submissions to and Minority Staff Surveys, House Administration Committee, February 20, 1992; Telephone Directory, U.S. House of Representatives, Summer, 1992; "Congressional Committee Staff and Funding," by Carol Hardy Vincent, Government Division, Congressional Research Service, August 7, 1992 (IB82006).

[From "Renewing Congress: A First Report," "When members realize we're going to Youth, and Families; Narcotics Abuse and American Enterprise Institute & the have to cut back funding for our own offices Control; and Hunger-are feeling the Brookings Institution, November 1992) and committees, I suspect their views may squeeze. Republicans argue that the select PHASEOUT OF SELECT COMMITTEES change" to support the elimination of these­ committees, which lack the power to write Our reluctance to deal with specifics of lect committees, said Oberstar, who backed legislation, waste money and resources doing committee reorganization does not extend to the Cardin proposal. work that could be covered by standing com­ the four select committees without legisla­ Slaughter says that even if the select com­ mittees (and, in many cases, already is). mittees are retained permanently, their But at Thursday's hearing, the three chair­ tive jurisdiction: Aging, Hunger, Children, men of the select committees-plus another Youth, and Families, and Narcotics Abuse membership will dwindle because the caucus adopted new rules to strictly limit members possible chairman-to-be-vigorously pleaded and Control. These were not created as per­ the case for their panels, a case that has manent committees; they should not con­ to five subcommittees, counting select com­ mittees or task forces. been bolstered in recent weeks by the lobby­ tinue to exist as the virtually permanent en­ ing effort of outside groups ranging from the tities they have become. AMENDMENT TO THE RULES OF THE HOUSE OF 33 million-member American Association of Select committees are politically attrac­ Retired Persons to the food assistance group tive to members and interest groups and REPRESENTATIVES OFFERED BY REPRESENT­ ATIVE CARDIN AND REPRESENTATIVE SYNAR Bread for the World (Roll Call, Jan. 18). they have been known to conduct construc­ Rep. William Hughes (D-NJ), a member of tive hearings. However, most of their useful Clause 6(i) of rule X of the Rules of the the Aging Committee who is hoping to be­ activities could readily be folded into exist­ House of Representatives is repealed. come its chairman, even used the threat of ing entities, and the resources saved could be CAUCUS RESOLUTION "100,000 letters" bombarding the Hill as an employed more effectively for higher-prior­ Resolved, That- argument at the hearing against killing his ity legislative activities. (1) the Democratic Caucus instructs and di­ panel. It is possible to target the select commit­ rects the Democratic Members of the Com­ But the call to abolish selects has gained tees for abolition now, as Congress reorga­ mittee on Rules to vote in opposition to any steam in the wake of new House rules that nizes. But the issue should really be dealt resolution providing for the reauthorization forced many standing committees to cut sub­ with in the more comprehensive look at the of any select committee in the 103rd Con­ committees. Critics of the select committees committee system that will be undertaken gress if that resolution provides for the ex­ note the incongruity of abolishing legisla­ by the Joint Committee. It therefore makes istence of any select committees covered by tive subcommittees while keeping the non­ sense to keep the select committees on tem­ that resolution after December 31, 1993; and legislative selects. porary life support until the permanent com­ (2) it is the sense of the Caucus that the A more direct blow to the selects was also mittee structure has been settled and their Joint Committee on the Organization of Con­ included in the new rules: a provision that fate can be determined with greater clarity. gress should examine issues related to the restricts Members to serve on only five sub­ The Caucus should consider instructing the establishment and duration of select com­ committees total, with select committees Rules Committee now to provide only a par­ mittees and make appropriate recommenda­ counted in the calculation. That move was tial renewal for the select committees for tions to the House of Representatives. intended to reduce the desire of Members to the 103rd Congress-perhaps just for calendar serve on the selects. year 1993. [From Roll Call, Jan. 25, 1993) The Democratic Caucus's committee on or­ ganization, study, and review floated a pro­ HOUSE To DECIDE WHETHER To KILL SELECT [From the Congressional Quarterly Weekly posal last year to eliminate the select com­ Report, Dec. 12, 1992) COMMITTEES, ONE BY ONE mittees entirely, but that proposal was left SELECT COMMITTEES SURVIVE (By Mary Jacoby) out of the rules package approved by the The select committees survived a push by The House will vote this week on the fu­ House this month after interest groups and Cardin and several other members to do ture of its embattled select committees­ select chairmen made emotional appeals. away with them. At a last-minute meeting of taking them up one by one. Republicans tried to use procedural skir­ the leadership rules panel Dec. 7, Cardin won But Republicans won't get a floor vote on mishes Thursday in the Rules Committee to approval of a three-part plan to phase out their plan to eliminate the panels, en masse, make the debate over selects an issue of Con­ the five select committees, which are not au­ at the end of this year. During a House Rules gressional belt-tightening. Democrats, how­ thorized to write legislation. Cammi ttee hearing Thursday, Democrats ever, prevailed in reporting a rule that will The change would have denied the Select turned aside Republican calls for a vote on a center discussion on the individual merits of Aging Committee the permanent authoriza­ one-year sunset provision. each committee. Their intention was to re­ tion it has under current House rules, given And, in an unusual move, the committee move the select-committee question from the select committees only a one-year exten­ reported out four separate authorization res­ the general reform and budget-cutting de­ sion and directed the Joint Committee on olutions rather than one omnibus resolution bate now going on in Congress. the Organization of Congress to review them. so that each panel can be judged on individ­ The full House will vote tomorrow and Charles B. Rangel, D-N.Y., who chairs the ual merits. Panels that win approval will be Wednesday on the four resolutions (two each Select Narcotics Abuse and Control Commit­ able to operate for the two years of the 103rd day) that reauthorize each select committee tee, strenuously opposed the Cardin plan. Congress, then face another vote in 1995. for a full two-year period. Republicans had After a heated debate, the caucus agreed to As legislators face both public and internal hoped to present a floor amendment that strike the one-year reauthorization lan­ pressures to streamline Congressional oper­ would terminate all the selects on Dec. 31, guage. ations, the four panels-Aging; Children, 1993. 1100 CONGRESSIONAL RECORD-HOUSE January 25, 1993 The Rules Committee decision to report mittee in March 1991, and "I heard no com­ ing American cities safer, at least in four separate authorizing resolutions rather plaints at the time." part, by reducing the armaments which than one omnibus resolution forces a floor She said, "Some people want to make this vote on each select rather than on all of a personal thing against me" and pleaded wind up in the hands of people who are them together. This action was viewed as a with critics not to "attack Children, Youth, on the streets and in our schools and in victory for the Hunger and Narcotics Com­ and Families because of me." our shopping centers and everywhere. mittees, which are considered the strongest Another minority member of the panel, In effect, too many handguns are loose of the four panels and a defeat for the Aging Rep. Bill Barrett (R-Neb), said he would not in America, and there is too much vio­ and Children, Youth, and Families panels, support authorizing the committee for an­ lence and death as a result. which are considered the more controversial. other year. His words-a sharp contrast with So I would ask President Clinton to A fifth select committee-Intelligence-is Republican members of the other selects who remember back during the campaign permanent and does not require reauthoriza­ spoke passionately in defense of their com­ tion. mittees-signaled more trouble for Children, when he said that campaign reform was Republicans on the Rules Committee had Youth, and Families. a priority issue and to recall that dur­ opposed separate resolutions because such a In the end, the votes this week on the au­ ing the course of his inaugural speech method would divert attention from the thorization resolutions will probably split he said he wanted to give the Capitol larger issue of reform. along party lines, allowing the four selects back to the people to whom it be­ Rep. Gerald Solomon (R-NY), ranking to survive another Congress. But some longed, which is we, all of us, collec­ member of the Rules Committee, also argued Democratic Members and staffers say there tively as American citizens, and I hope that the Joint Committee on the Organiza­ is a possibility that the 67-member Aging that a campaign reform bill is sent up tion of Congress could release recommenda­ Committee and Children, Youth, and Fami­ tions on a general overhaul of the committee lies could be rejected. here and sent up early, and I hope that system as early as August and that the se­ Rep. Louise Slaughter (D-NY), who sits on it is a very stern bill. I hope it is not lects should not be locked into two more Rules and chairs the OSR committee has just a cosmetic effort at changing the years until those recommendations are re­ tried to speed the selects' demise, said the way Members of Congress are elected. ceived. vote could be close, in part because of the For my part, I believe there ought An amendment to the new House rules unpredictability of freshmen of both parties. not to be political action committees package directed the joint committee to re­ Many of the 63 new Democrats and 47 new at all, but certainly if there are to be view the selects. The majority of the Demo­ Republicans were elected on platforms of re­ political action committees, their in­ cratic Rules Committee members, however, forming Congress, and, they lack attach­ felt the selects should be considered on their ments to select committees on which they've fluence on the political process ought merits, according to a Rules staffer. never served. to be lessened by reducing how much Rep. Tony Hall (D-Ohio), who has the ad­ money they can contribute to cam­ vantage of being both the Hunger Committee paigns. I say that from the experience chairman and a Rules Committee member, TWO MEASURES WHICH SHOULD myself of not having taken political said he supported reporting the resolutions BE TOP PRIORITIES FOR THE action funds for the election cycle of separately because "we ought to have the op­ 103D CONGRESS 1990 and the election cycle of 1992. portunity to stand on our own." I further think we ought to limit the Hunger and Narcotics, lean panels with The SPEAKER pro tempore. Under a popular chairmen, may fare better in a floor previous order of the House, the gen­ amount of individual contributions in vote than the more costly Aging and Chil­ tleman from Kentucky [Mr. MAZZOLI] order to reduce total spending. There is dren, Youth, and Families Committees, is recognized for 5 minutes. too much money being spent today in which also appear to be in disarray. Mr. MAZZOLI. Mr. Speaker, less political races at the Federal level. The Narcotics and Hunger annual budgets than a week ago on this very same plot I saw a statistic that 10 years ago we are both under $735,000, while Aging spends of ground we call Capitol Hill, a few might have had five or six races in the $1.5 million a year. Children, Youth, and feet away from where I am standing, a entire House which consumed $1 mil­ Families spends nearly $800,000 a year. new President was inaugurated, a new lion. In 1992, 100 races in the House of " Some Members have said to me they like one select but not the other, and they'd pre­ era of American history was entered as Representatives consumed $1 million. fer" to have separate votes, Hall said. an old era ended. Not just the wonder­ That is an obscene amount of money. Aging has a special problem: no chairman, ful, warm, and beautiful day itself, So, I would certainly ask President Rep. Ed Roybal (D-Calif), who headed the which augured good things to come, Clinton to send us up a good, tight bill panel last year, has retired, and Speaker but the statements of President Clin­ which limits spending, reduces the in­ Tom Foley (D-Wash) has yet to choose a re­ ton in those brief 14 minutes really hit fluence of PAC's, if not eliminates placement. Reps. Hughes and Marilyn Lloyd each and every one of us gathered on them, gets rid of money bundling, gets (D-Tenn), both original members of the 18- that beautiful terrace looking down to­ rid of the soft-money excesses. · year-old committee who entered Congress at the same time, are vying for the job. ward the Washington Monument and to Then I would like to see a good, solid And partisan bickering over staff marred the other great monuments of this Brady bill, named after Jim Brady and the presentation Thursday by Children, American Capital. his wife Sarah, a Brady bill with a 7- Youth, and Families. The panel's ranking I think all of us, Democrat and Re­ day waiting period before handguns can member, Rep. Frank Wolf (R-Va), angrily ac­ publican, wish for the new President be transferred. Those two i terns collec­ cused the panel's chair, Rep. Pat Schroeder health and great success, because as tively could get this administration off (D-Colo), of shortchanging the minority. his success is achieved then our suc­ to a fast start. I hope we have that op­ Between 1991 and 1992 funding for Children, cesses are achieved. We are better if he portunity in the early spring to pass Youth, and Families remained level, but the minority suffered a $20,000 reduction in its does better. campaign reform and a Brady bill. allocation while majority staff received It is in that setting that I would offer two measures that I hope will be on the Christmas bonuses, Wolf said. Also, Wolf FAREWELL TO CONGRESS charged, the minority was denied funds for a President's agenda for early action in year to hire a staff director because Schroe­ the 103d Congress. The SPEAKER pro tempore. Under a der wanted revenge for a provision in the Re­ We hear a great deal, and we should, previous order of the House, the gen­ publicans' alternative rules package that about the economic development, tleman from Ohio [Mr. GRADISON] is would have eliminated all selects. about job creation, about lessening the recognized for 5 minutes. Although Schroeder did not dispute the heavy debt of the Nation, about cut­ Mr. GRADISON. Mr. Speaker, on funding disparities, she denied conspiring against the minority. She said she was ham­ ting its deficit and reorganizing its January 11, 1993, I released the follow­ strung because she took over from Chairman procedures to make government more ing statement in Cincinnati, OH con­ George Miller (D-Calif) in the middle of the efficient. cerning my resignation from the 102nd Congress. Miller left to fill the chair of D 1230 House: Rep. Mo Udall (D-Ariz) on Interior and Insu­ I have accepted the position of President of lar Affairs. We do not hear quite as much as I the Health Insurance Association of America Schroeder said she "hired no one and fired wish we did about campaign reform nor and, as a result, will be resigning from Con­ no one" when she became chair of the com- do we hear nearly enough about mak- gress on the last day of January. January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1101 The most difficult part of this decision for Outside of the context of this world able to the U.S. House is to be 25 years me is severing the ties with my constituents of legislative action, the people have of age and a citizen of the State. That whom I have represented since 1961. first in no way of knowing what is really going is all. It does not provide that you Cincinnati City Council, and for 18 years in on, though let me say by way of paren­ should be learned, even knowing how the House of Representatives. Serving in the House has been a boyhood dream come true. theses that I find the people to be intu­ to sign your name. It does not say you And by good fortune, my committee assign­ itively far more ahead than their polit­ have to have a high school or a college ments have involved issues I am most keen ical leaders than is given them credit. education. It says all you have to be is about: health, tax, budget, and trade. But be that as it might, the informa­ 25 years of age and a citizen of the There are so many I want to thank: Heath­ tion that is vital in a democracy where State, not even the district. Anybody er and my children-all nine of them-who we are struggling mightier than ever in in any State can file for any district to have put up with my uncertain hours and life our history to retain the basic concept the U.S. Congress in that State. in a fishbowl; my constituents who made it of our ability to govern ourselves, that 0 1240 possible for me to serve; the best and most the body politic and the people be in­ professional staff a Member could hope to And then the districts would be ap­ have; campaign workers and contributors formed. The only way they can be is if who believed in me; my associates at Gi:adi­ their representatives, their agents, portioned in accordance with the popu­ son & Co. who, early in my political career, whether it be the President and Vice lation. gave me the flexibility to have a hand in President, or most of all, the policy­ Nobody can come to the U.S. House business and government at the same time; making body known as the Congress of Representatives by appointment. and the Republican Party, home to my fa­ and, more particularly, the fundamen­ The only way you can get here is to be ther and me for a combined total of almost tal constitutional body that was elected, unlike the U.S. Senate. This is 50 years in elective office. a difference that has been obscured and There are no limits to what can be accom­ shaped, destined, and intended to be as plished by a free people and a representative close as humanly possible to the people lost sight of. government. I will always be grateful for the electing the Members of the policy­ We are living in a critical time in chance to play a part. making body known as the U.S. Con­ which ironically fate has decreed that I feel a sense of accomplishment for help­ gress. we in our time and generation shall ing achieve lasting improvements in tax leg­ I have repeated ad nauseam that the prove whether or not we will uphold islation, especially indexing of the individual importance of this body is reflected and sustain and transmit to our poster­ exemption and brackets, which has protected from the very initial beginning of our ity those institutions based on the middle-income families against automatic, Constitution. They have been, iron­ unvoted, inflation-induced tax increases, and Nation and particularly in the Con­ in health care, especially programs for the stitution, but even before the Constitu­ ically, right on the eve of our 200th an­ elderly and disabled. Certainly my work on tion. Our first corporate activity as a niversary, at great test, for we now the hospice program has been especially nation was the Continental Congresses, have-and it is taken for granted in meaningful to me. the First and the Second, and the peo­ and out of the Congress and among the My decision to leave the House is largely ple of that day and its leaders thought populace-that the executive branch is to try my hand at something new. Happily, so little of such an office as an execu­ omnisicien t. The President can declare my new position will provide an opportunity tive or a President, as we call them a war by just simply entering into a to work on health care reform, one of the war without any declaration from the most difficult and most important issues now, in that day and time they used to challenging the Nation. use the phrase "chief magistrate;" Congress. What passes for approval is a they thought so little that for 10 years debate on whether or not the Members of that formative period of the Nation are going to be loyal to the President UPDATE ON BNL INVESTIGATION they did not bother to have such a kind or not on the decisions he has already The SPEAKER pro tempore. Under a of office, but they did have a Congress made. previous order of the House, the gen­ composed of delegates from each one of This is not sudden and it is not one tleman from Texas [Mr. GONZALEZ] is the 13 Colonies, later States. So when that has been grasped by an ambitious, recognized for 60 minutes. the Constitution was formulated, the overly ambitious President; it is one Mr. GONZALEZ. Mr. Speaker, last Congress forms article I of the Con­ the Congress has abdicated. And that week on Thursday, January 21, I spoke stitution, not the executive branch, happened since World War II. out on the Banking Committee's con­ not the Presidency, but the Congress, As a matter of fact, we have been liv­ tinuing and sustained investigation and the House of Representatives after ing from states of emergency declared and consideration, evaluation, and for­ much debate and by one vote, the as­ by executive decree since the 1903's--­ mulation, more importantly, of legisla­ semblage in the Constitutional Conven­ the middle 1930's---and the Depression tion that is more than needed. tion decided that these persons elected emergency decrees. It is distressingly needed, and has as agents of the people would have 2- When you stop to look at it from been for many years, by this country to year terms; by one vote, the 2-year that standpoint, it is awesome and it is protect its basic financial and mone­ term won out. The 3-year term had clear and beyond any rebuttal that our tary independence, liberty, and free­ been advanced, but the reason was that system has amorphoused, has changed, dom, which has eroded to the point of they wanted this particular office to be has transformed almost imperceptibly. critical problem or danger, exemplified a prime constitutional office in the What has been happening since 1945 by the scandals that popularly have sense that it would be the only one would not have happened before 1945 in been known as the BNL or the Italian that the people could have any kind of this Congress. In vain, during the 1960's bank and its agency branch in Atlanta, a control or direct relationship with I would get up here and I would make GA, and the BCCI, all of which, of and to. speeches in special order, with no TV­ course, after their luminous and head­ The U.S. Senators at the time were you did not even have to come to the lined announcements and crudities not elected directly by the people. It floor, you could have written it out and have disappeared and are temporarily was not until the constitutional it would have been printed- but I out of focus and out of the attention. amendment in 1913 that provided for thought, knowing the history of special The continuing need though is great­ the direct popular election of U.S. Sen­ orders, so-called-we call them that er than ever that those of us charged ators, but they were, first, appointed now-that that was not the intended with the responsibility of formulating by three-fourths of the State legisla­ purpose and the idea was to take ad­ the policies and the laws to implement tures, and those sole appointees were vantage of this privilege in this great those policies, to provide the proper weal thy. They came from the affluent body to extend on a matter pertinent protection of the national interest in or the weal thy economic classes of our to legislation that affected that indi­ its most vital sector known as the fi­ country. vidual Member so much that he wanted nancial, monetary, and, consequently, But the only proviso that to this day to enlarge and would not have the the fiscal. exists as to the eligibility to be elect- chance during the limited debate- 1102 CONGRESSIONAL RECORD-HOUSE January 25, 1993 which was necessary in order to con­ Convention will agree that there are, prime interest rate was jacked up over­ trol the movement of things in a mul­ certain powers that are not delegable, night on June 19, 1966, 1 whole percent­ tiple body such as a U.S. House of Rep­ they are nondelegable, that the Con­ age point. That had never happened at resentatives-and I thought any depar­ gress has. any time before. Today that has no rel­ ture from that would be an abuse. And So I spoke out here during the 1960's evance. You have several definitions of I have stuck to it. what I had said pretty much to a local prime interest rates, and we live in a One week after I have been sworn in level during the Korean war, and I full Orwellian world where banks re­ 32 years ago, almost, I took my first pointed out that imperceptibly this port profits when they are losing, special order, and have since then. country was going to face a grave crisis where through the artifact of account­ So I did it because it was my way of sooner or later because we had come ing the true condition is not estab­ communicating through the RECORD-­ from a hot shooting war in which the lished. which incidentally used to be read Congress had declared a state of war Well, we have been doing our best on quite a bit by Members at the time-­ and Presidents have followed through the Banking Committee.- Last week on and I have never regretted it even with their delegated powers, and draft­ Thursday I said that I was sure that we though I have had more criticism than ed and conscripted. Then the hot shoot­ might and could look confidently to a I have had approval. I am pointing this ing phase of World War II ended, al­ new period of a recognition of the fine out because during the 1960's, though I though formally it has not-there is no constitutional issues involved between had felt that way since before ever I peace treaty yet. You had a lot of ex­ the Congress and the Presidency with had been in the U.S. House of Rep­ ceptions, naturally. You would go from respect to the Congress being able to resentatives, about the Korean war and a hot shooting phase, like World War know, to be informed. That is one of its President Truman. I felt if we had II, into a so-called peaceful era, and prime powers still left, in order to leg­ reached a point where the President then the eruption of hostilities in 1950 islate knowledgeably, which means the could conscript, compel an unwilling and the reimposi ti on of the draft with people to know and be charged with American to go outside, order him out­ a bunch of exemptions. So, suddenly, knowledge. side the continental United States and · some were and some were not. If you have no debate, if you do not go fight in a war not declared by Con­ Now, how could anybody, rationally have the heat of the conflict of ideas, gress or explicitly provided so by the thinking, expect anything than what and particularly in a deliberative body Congress, that we did no longer have a happened 16 years later in the great di­ as this is supposed to be and if you Constitution, we did not have a Presi­ visive period of the riots in our cities have meetings in the secrecy of hide­ dent, we had a potentate; and that, and the demonstrations and the draft aways and decisions taken there, and ironically, the very thing that had led protesters and the so-called draft dodg­ then it is compounded by the secret the original colonizers and freedom ers flying or going to Canada. So today basement discussions in the regulatory seekers from the mother country and we have pretty much the same thing bodies over in the executive branch, other European countries, escaping the happening, and we have had. We had a the people cannot know. It is only king-made wars, the kaiser-made wars, buildup through neglect, again almost when you have the clash of ideas and the czars-made wars, the King of imperceptibly, of an institutional sys­ when you have full and free and open Spain-made wars, came to America. tem that had been created before the debate that you know what something And here, full circle, we have gone into war, mostly during the 1930's, such as is about and the press can report it. We twilight, or Presidential, wars, but all the S&L's, the savings and loans, the can blame the press all we want to, but of it through the abdication of Con­ FHA, the deposit insurance system. All if they are not privy to these meetings gress through the delegation of power of those were created in about 2 years, in and out of the Congress, in and out to the President going back to 1917 and 1933 and 1934, and they were addressing of the White House, how can they know the Espionage Act, and which powers the issues of that day in a society that and report? most have not been retrieved by the I cannot evoke to my colleagues. There Now, it is true that there is a con­ Congress. is no way you can evoke the smells, the centration in that area that is now So that since then Presidents have sounds, the agitation, the fears, the confronting us in banking. We are be­ made use of that residual implied hopes of a past age, especially the ginning to see a period in which more power through, and going back to the 1930's. and more bank merging power is going Espionage Act of 1917, to declare an D 1250 to reduce a tremendous control of the emergency. credit granting power in a society to If my colleagues will sit here long But I am old enough to remember fewer and fewer large, or what they enough, there will soon be a message vividly, I am a depression era kid, and call nowadays in the fancy word, coming up-unless the President that is why I speak out because after megabanks. changes it, I do not know-somewhere the war, with tremendous societal as So when I said I was going to appeal around May you will get a message well as technological changes, that to President Clinton to provide the from the President, and it may be sev­ structure that had been constructed documents that the Committee on eral messages, but one of them will during the thirties could not long last. Banking had subpoenaed last year and say, "This is to advise the Congress The rigidity of the 50 different banking the year before last and adamantly re­ that I have extended the emergency,'' regulatory systems, the dual banking fused by the past administration, I whether it is the one in the gulf or the system so unique to our country, the then proceeded to write a letter to the one resorted to, believe it or not, and discovery or the invention of instanta­ President, which I will at this point where we are now enmeshed in the Af­ neous electronic communication, natu­ pursuant to my special order and the rican continent or Nicaragua. Any rally the State borders were going to terms thereof place in the RECORD at Member, had he listened here since erode. this point: 1985, on May 1, every May, President So today we are living in a tremen­ COMMITTEE ON BANKING, Reagan would send a message saying, dous period of transition that has been FINANCE AND URBAN AFFAffiS, ''I have extended the emergency proc­ in the making, not suddenly. The S&L Washington, DC, January 22, 1993. lamation whereby I am imposing an crisis that agitated everybody just 2 or Hon. WILLIAM J . CLINTON, embargo." The President does not have 3 years ago had been in the making for President of the United States, that power under the Constitution, but 30 years. In my special orders I will Washington, DC. DEAR MR. PRESIDENT: For the past two and the Congress can delegate it. refer any interested colleague to look one-half years, the House Banking Commit­ Now, the big mistake I see-and I am them up. tee has been investigating the activities of not a constitutional expert-is that I was anticipating this since 1966 the Atlanta branch of Banca Nazionale del there are, and I think anybody who when we had what was then for the Lavoro (BNL) and the Bush Administration's reads the debates of the Constitutional first labeled a credit crunch, when the pre-war policy toward Iraq. Over the course January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1103 of the investigation, the Committee made on numerous occasions, I asked the Presi­ 0 1300 numerous requests for information from the dent and various Cabinet Secretaries to ex­ White House, State Department, Justice De­ plain how the document that I had placed in And I hope he stays in there and partment, Central Intelligence Agency, De­ the CONGRESSIONAL RECORD harmed the na­ fights this outrageous attack and at­ fense Intelligence Agency, National Security tional security. tempted assassination of his character. Agency, Treasury Department, Defense De­ I am also intending to try to commu­ partment, Commerce Department, and the Let me interrupt and say parentheti­ nicate with the President to state U.S. Customs Service. cally that just week before last before these facts to him, too, because, unless At the direction of the White House. each the administrators were going out, I Judge Sessions caves in, it will take of these agencies refused to turn over classi­ sent each one of them a letter again Presidential action. fied documents to the Banking Committee, asking them to tell me wherein I had So, I will continue: charging that I had harmed the national se­ invaded any kind of national security curity by placing a limited number of classi­ However, Mr. President, on numerous area. I am still waiting for an answer, occasions I asked the President and fied documents related to the Bush Adminis­ just like I did when the CIA Director tration's pre-war policy toward Iraq into the various Cabinet Secretaries to explain Congressional Record. However, on numer­ wrote last May. I asked him then, how these documents that I had placed ous occasions I asked the president and var­ never heard from him, obviously be­ in the CONGRESSIONAL RECORD will ious Cabinet Secretaries to explain how doc­ cause there was no violation. harm national security, and of course, uments that I had placed in the Congres­ I think I know the difference between for obvious reasons, I have never re­ sional Record harmed the national security. what is secure national interest and ceived a reply. For obvious reasons, I never received a reply. what is not. Particularly I am well I am wholly committed to the prin­ I can only conclude that the national secu­ versed in the history of the congres­ rity argument was solely intended to ration­ ciple that the citizens of this Nation alize the denial of information that would sional prerogatives and powers in that have the right to know how and why embarrass the former Administration. respect and the Supreme Court deci­ their Government decided to assist I am wholly committed to the principle sions implementing them, without any Saddam Hussein regardless of the em­ that the citizens of this nation have the question and forcibly this right of the barrassment it may cause the persons right to know how and why their govern­ Congress to know. who made such decisions and, particu­ ment decided to assist Saddam Hussein, re­ So I just wanted to mention that to larly, in view of the fact that we had gardless of the embarrassment it may cause this day nobody has given any kind of gone to war on the orders of the very the persons that made such decisions. I am confident that you share this belief. an answer. same individuals who had aided and Accordingly, I respectfully ask that you As a matter of fact, let me continue abetted Saddam Hussein. take a personal interest in ensuring that the to add parenthetically, the only one I am confident that you share this Banking Committee's investigation receives who tried to tell the immediate past belief. Accordingly, I respectfully ask the utmost cooperation from the executive Attorney General that they were that you take a personal interest in en­ branch. Specifically, I ask that the White wrong, and when ordered to write a suring that the Banking Committee's House and other executive branch agencies similar letter to me refused, was the investigation receive the utmost co­ be required to immediately turn over all doc­ operation from the executive branch. uments heretofore denied to the Banking FBI Director, the Honorable William Committee. Sessions, who Mr. Barr furiously when Specifically, I ask that the White Mr. President, with your assistance, we he refused to investigate the CIA be­ House and other executive branch can provide the people of this nation with cause of the uproar in Atlanta imme­ agencies be required to immediately the opportunity to learn the full truth about diately came out with the most out­ turn over all documents heretofore de­ the BNL scandal and the Bush Administra­ landish, unbelievable smear and char­ nied to the Banking Committee. tion's pre-war policy toward Iraq. A full air­ acter assassination of any man I have Mr. President, with your assistance ing of these issues will allow us to avoid fu­ seen. we can provide the people of this Na­ ture abuses to our banking system and will It so happens that I know Judge Wil­ tion with the opportunity to learn the permit us to learn from the tragic mistakes full truth about the BNL scandal, the that led to our current entanglement with liam Sessions, the Director of the FBI. Iraq. He comes from my area. He had served Bush administration's prewar policy Thank you for your time and consider­ with great honor and distinction. He is toward Iraq. A full airing of these is­ ation. a man of integrity, complete total in­ sues will allow us to avoid future With best wishes. tegrity. abuses in our banking system and will Sincerely, permit us to learn from the tragic mis­ HENRY B. GONZALEZ , I could not believe when Attorney General Barr came out and said he was takes that led to our curious entitle­ Chairman. ment over Iraq. For the sake of my colleagues who going to look into and charge the Di­ Mr. Speaker, that is the end of my may be hearing me on the closed cir­ rector with criminal culpability, as letter, but let me add that I am inter­ cuit, let me just read the opening para­ well as other culpability. ested in one thing, and that is to forge graph. I am addressing it to the Presi­ I then came out and said it was char­ and shape the legislation that we must dent: acter assassination. It was abusive and have. that the real reason was that the FBI For the past 21h years the House Banking Now that is easier said than done, Committee has been investigating the activi­ Director, knowing the law, was not and it will be most difficult, because ties of the Atlanta Branch of the Banca going to be involved as the CIA Direc­ once these financial institutions of Nacionale del Lavoro and the Bush Adminis­ tor had been and the other aparatchiks great, great power have gotten used to tration's pre-war policy towards Iraq. Over had been of the administration in try­ having almost $1,000,000,000,000 of this the course of the investigation the Commit­ ing to intimidate me. foreign money unregulated or un­ tee made numerous requests for information When I came out with that, 24 hours from the White House, the State Depart­ checked by any Federal agency, Fed­ ment, the Justice Department, the Central later the Attorney General said no, he eral Reserve Board, or, much less, the Intelligence Agency, Defense Intelligence had exceeded himself. He did not mean State banking commissions, it will be Agency, National Security Agency, Treasury that he was going to charge any kind hard to say, "Hey, most of this is going Department, Defense Department, Com­ of criminality, but they were looking to the illicit drug laundering money merce Department, and the U.S. Customs into some acts of misbehavior about operations in this country." Service. At the direction of the White House, the improper use of an FBI airplane. Do any of my colleagues believe that each of these Agencies refused to turn over Well, let me assure my colleagues, if the size, the magnitude, and the chal­ classified documents to the Banking Com­ mittee, charging that I had harmed the na­ there is any man that I have ever got­ lenge to our society because of the il­ tional security by placing a limited number ten to know publicly, that is as a pub­ licit drug traffic is not connected and of classified documents relating to the Bush lic official, who is a man of total and protected all through, from the highest Administration's pre-war policy towards Iraq complete integrity, it is Judge William levels to the lowest and between t he into the CONGRESSIONAL RECORD. However, S. Sessions. criminal element and business and gov- 1104 CONGRESSIONAL RECORD-HOUSE January 25, 1993 ernment? Despite all of the wars on degenerated and has become so corrupt or a cost eventually to the taxpayer of drugs and crimes we are no better off that it does not even serve the full leg­ over $6 million or more a day. today. Why? islative purpose that the Congress, But it was an election year, remem­ One of the essential things is to plug through statute, has set out as a pur­ ber. I was left as the only one saying the most vital port, which is the mone­ pose of the deposit insurance system. I hey, we ought to go ahead, if they are tary profits from this activity that pointed that out ad infinitum, or some closing down those that they ought to. now poses a very dangerous situation say ad nauseam, since 1979, the impos­ That is what the law says. Close down to our society. There are collateral­ sibilities of even the simple arithmetic and pay out, but not over that $100,000. not so much collateral-but there are of it. We have got to revisit that because other attendant activities that we are For example, Mr. Speaker, the Con­ that is the condition we face. going to look into as soon as we have gress has never, never approved paying The Resolution Trust Corporation the ability. out, in the case of having to do so, was established in 1989 to resolve the I must remind my colleagues that more than the insured amount, but S&L problem. We worked mightily and our committee does not receive the that has not been happening since 1984, did something that had not been done funding that even other committees do, and Chairman Volcker announced the before. We provided in 8 months of leg­ but I do not believe in having .excess edict of too big to fail in the case of the islation, or the equivalent thereof, that staff. We have a hard-hitting, but we Continental Illinois where it took $6 which it took two Congresses and four have a counted and limited staff. billion. Nobody noticed that the Fed­ different bills in the 1930's to bring But I want to go into the so-called eral Reserve infused that bank with about. overseas over which we do not have that. I could not get a hearing from the However, we said at the time that any control, not only in the Caribbean, chairman then. I was not chairman. there were bound to be discrepancies, the Cayman Islands, but all over the But we have had some hearings since that we are, after all, human, and we world now, in which that has become then, and we had a modicum of reform have our limitations. not only a haven for tax dodgers from in the 1991 act in which we have spelled I thought one big mistake was to the United States, huge financial and out and the regulators have pretty bring the FDIC in, which is the Ar­ corporate interests that are cheating much complied, but it will not come to gonne and had been of the commercial the Treasury, but the main thing is full bloom until this next year to pre­ banking system on insurance, to do the that, as long as our authorities do not vent the payout of more than that in­ administrative work of closing out have any kind of a control as it im­ sured amount. these S&L's. I thought it was a mis­ pacts the United States, there is no The simple arithmetic will show my take then, and it was not until last way that our so-called central bank, colleagues that we have over $3.3 tril­ year that we reformed that. But look the Federal Reserve, can construct the lion worth of insured deposits in the how long it took. The administration proper monetary policy for our coun­ commercial banking system alone. was against it, our conferees when we try. That does not take in the S&L, does had the conference on that bill in the Then I would like to go on record, as not take in the credit union fund; just Senate were against it. I was able to I promised the day after I was first commercial banks, $3.3-plus trillion in get our committee, but we lost out. elected chairman of this committee, on insured deposits. And we have a broke So that was set up. It was initially January 5, 1989, when I came before my insurance fund. Does that show much provided with $50 billion in the Finan­ colleagues and I said that I would keep about what we have as a so-called de­ cial Institutions Reform Recovery En­ them informed regularly, and I have posit insurance system? forcement Act of 1989. It received an done that as to the activities of this additional $30 billion in March 1991. An committee, on what I, as a chairman D 1310 additional $25 billion was provided in with the only power I have ever re­ It was not until I got the staff the December 1991, with an April 1992 cut­ quested-I have not been one of those first year I became chairman to bring off, which cut it off in the House and who want to recuperate power and out the facts and show that the regu­ the Congress, though the Senate never want to be chairman of the full com­ lators, as I said, not pursuant to law, did approve that which had already mittee and chairman of the next most were paying out over 98 percent of been appropriated because it was an powerful subcommittee because I do their payouts to noninsured, that is, to election year and RTC is unpopular. not believe in that. But I do believe in those who had more than $100,000, those The SAIF fund, after September 1993, producing, and I think the record that had multi-million-dollar accounts that is this September, the cost of re­ shows, what has happened since 1989. in banks. solving insolvent savings associations I think the record also shows the in­ The law was never intended for them. will be borne by the savings associa­ tensity of the activity as compared to The original concept was that that lit­ tion insurance fund. SAIF has not been the previous 25 years of the actions of tle depositor who would have as much funded by the Bush administration. It this committee, and I appeal to the as $2,500 would be protected in the case has virtually a zero net worth. In other record on that, but I promised that I of an insolvent banking institution. words, it is insolvent. would keep my colleagues up to date Then through the years that was SAIF funding should be included in and also I remind them that I am the jacked up. I have already explained on the RTC funding to ensure that addi­ chairman of the Subcommittee on previous occasions how feeble it be­ tional amounts are not needed down Housing and Community Development came when it was jacked up from the road. Current estimates of how of which I have been chairman since $40,000 to $100,000 overnight in 15 min­ much is needed to complete the savings 1981, and in passing I tell my colleagues utes here on the House floor, with only association resolution process varied some of the things that we are going to my voice protesting. depending on who was talking. How­ have to confront, some of which have So that is history. What do we do ever, the best estimate of how much is been, during an election year, shoved about it now? Well, we have I think needed for the RTC and the SAIF is under the rug. But we cannot escape paramount the funding question which somewhere between $30 to $45 billion. them. the Congress and the House refused to As I say, to me it will be far more The bank insurance fund is broke. bring about last April and until the end than that. But this is the best you can The SAIF, the new name for the S&L of the session, what the needed get from the people that are supposed insurance fund, is broke. And what tax­ amounts for the Resolution Trust Cor­ to know and be the experts. They are payer bailout, so called? Now they are poration are to close out the insolvent guessing the range, $30 to $45 billion. not bailouts because the deposit insur­ S&L's that are there to be closed out. Well, it all depends. But if the statis­ ance system is supposed to protect the They have gone into these costly so­ tics given us all last year and the year depositor. But I have been pointing out called conservatorships that keep these before are anywhere near valid, I esti­ for the last 25 to 26 years that it has so dead things alive with a daily infusion mated through my own computations January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1105 the range of assets involved. Given Bankers Association of America. But The President, who appoints the that range, I will say it will take more all the banking interests had also Board members, has some kind of con­ than that. Nevertheless, let us hope I fought us on brokered deposits and on trol, but it is only residual and indi­ am wrong. the so-called junk bonds. You do not rect. So that with that condition and There are other bits of legislation hear of that now, but we were fought the Treasury now in a reverse role and that I will not bore you with that will hard. the Federal Reserve Board in secret actually come out of other subcommit­ 0 1320 formulating the policies that are going tees, but I think are essential for the to determine how much interest you public interest, such as fair credit re­ Any time you have a trillion dollars pay, what your standard of living is porting, which we lost by three votes on that table, you are going to have a going to be, who is going to have a job in the House last year. We intend to lot of argument and a lot of other and who is not. pursue that, even though it will come things happen. So I intend to reintro­ That was fine, but I had about 6 out out of the Subcommittee on Consumer duce my Deposit Insurance Reform of 9 or 10 Federal Reserve chairmen Affairs and Coinage, and we will stand Act. Maybe, if we can get some help that have come before the committee behind that. from the administration, we might get since I have been a member. And they On interstate banking and branching, some long overdue reform. would all tell us, until just 5 years ago, we reported comprehensive legislation Then, as a matter of last, I have just 4 years ago, "We have no control over on June 28, 1992. forwarded another letter to President interest rates. You, the Congress, if The majority decides in my case. No Clinton with respect to an effort that I you weren't profligate and if you would matter how I feel, and on one or two of have also been making, and again it have more control over your budg­ these issues I did not vote for them, goes in an individual capacity, it goes etary, why that would be the best con­ but the majority did, so we passed it back to some 28 years ago. It was obvi­ trol of interest rates. We don't have out. It was very comprehensive legisla­ ous to me that the day would come anything to do with it." tion. It was the first time the commit­ where our Nation has no antiusury or Now, all of a sudden, they admit they tee faced face-to-face the issues that interest rate control. That was lost in have all the control of it. Of course, ev­ had been burgeoning out since 1945. the National Currency Act of 1865. It erybody knew that even then. But no­ Interstate banking permitting the was right at the end of the Civil War. body wants to, I do not know what, to bank holding companies to own banks This was what was on the mind of rock the boat or challenge or anything. in several States is currently accom­ President Lincoln more than anything Now, we are the only country in the .plished through the regional compacts. else. He could see the forces that were industrialized world that handles our That is, not through legislation. Legis­ coming in and taking over, as they al­ monetary and fiscal affairs the way we lation to impose conditions on inter­ ways are. I do not care whether you are do. It is not very good. From the great­ state banking is what the issue has in war or whether you are in peace, you est interest of the greatest number. If been and will be this year again. have these interests in every society the commercial banks are the ones who Interstate branching would permit a and have had them since there were own and control and dictate the poli­ bank to branch nationwide. The ques­ human records, that are going to be cies of the Federal Reserve Board, tion of whether this should be per­ thriving and acting as a sort of a when it comes to a shove or push as to mitted, and, if so, what conditions human predatory species. what is to the best interests of the should be imposed, remains conten­ At the beginning of the founding of banker or the people, I will give you 1 tious. our Nation, I mentioned earlier the of 3 guesses which you think will hap­ You have multiple interests. You First and Second Continental Con­ pen. have insurance, real estate, and what gresses, that was the big issue. And it Now, a regulatory system which also not that want to get banks involved. turned out to be the great conflict be­ goes back to that 1865 act, first, it However, the reality is, as I said ear­ tween the Hamil tonin and the J effer­ eliminated the interest caps that had lier, with the advent of instantaneous sonian, which through time has been been national law since Jefferson, and electronic communication, the inter­ inaccurately described on occasions. not only the Bank of North America of state borders have eroded pretty much You do have some beautiful historians the first Continental Congresses, when and you have to face the fact that ei­ that have recorded historically and fac­ the Continental Congress said, "Well, ther through a court decision, or in the tually, and you can see what the issue we have got the ball rolling. We have case of big banks through the in terpre­ was. But there was no question, every­ the issue, but we need the banker." tation of the Federal Reserve Board of body and every government has to have The bankers of Philadelphia came section 20 of the Bank Holding Act, a banker or what they call, the fancy and said, "All right, but you have to they have a lot of power in that respect word, fiscal agent. Incidentally, and by pay this much." now, as well as going into the risky way of parentheses, that is what the Jefferson said, "No, we are not." business of investments and securities, Federal Reserve Board Act of 1913 says And let me say something. Even or stock, as you call it. Interstate the Federal Reserve Board is supposed Hamilton. branching would permit both. to be. It is supposed to be the fiscal So they finally made them limit to As I said, the question is under what agent of the U.S. Treasury. But it is no more than 6 percent, but do not conditions. Only the national policy­ the other way around now. It is the one think they would not have loaded it up making body known as the Congress that is coining and printing our bills, if they could have. should determine this. However, in not Treasury. So then came the Constitution and view that a vacuum has been created, When I came to the Congress, 32 the formulation of the Bank of the and in politics as in nature vacuums years ago, I could reach into my pock­ United States, where Alexander Hamil­ are abhorred, what has come in has et, pull out a $1, $5, $10 bill and about ton did brilliant work. He took a coun­ been the courts or the regulators. But 3 out of 5 would say U.S. Treasury try that was in extreme debt. He took they are not policymaking organs of note. a government that said, "We will as­ our Government. So these things are Well, today all you see is Federal Re­ sume the debts of the States in the jerrybuilt and will collapse at the first serve note. But what is the Federal Re­ Revolutionary War," and had no crisis. serve? Is it a Government agency? No. money. And he worked a beautiful sys­ I introduced the reform bill for the It is not. It is a creature of the com­ tem that did work. deposit insurance system that I had mercial banks who compose it. And it In fact, it enabled us to proceed fair­ just described briefly a while ago. But has gotten so almighty and powerful, ly successfully until the late 20th cen­ you would think that I had antagonized independent is the word they use, that tury, basically. every one of the banking interests, and Congress that created it has no control Then, when we got away, not in the particularly the so-called Independent over it. way that is described by the people 1106 CONGRESSIONAL RECORD-HOUSE January 25, 1993 who would like to blame profligacy or faithfully and well. Either you are one tional amounts are not needed down the welfare state, but by the very people or you are the other.'' The Office of the road. that are not content with being the Comptroller of the Currency is under Current estimates of how much is needed to complete the savings association resolu­ most privileged and powerful individ­ the Secretary of Treasury. That is a tion process vary widely. The best guess of uals in our society. For a banker cre­ political office, so it is not immune how much is needed for the RTC and the ates money. He creates credit, and that from political pressures. Then we have SAIF is $30 to $45 billion. was the issue from the very first. Who the FDIC and we have the others. Policy issues surrounding the RTC include is going to control the allocation of Therefore, we find these agencies asset dispositions--securitization and bulk credit in our society? That is the whole sometimes fighting for turf, overlap­ sales and whether to extend or accelerate the question, the long and short of it. ping, but none doing the job that late termination date of the RTC. Now, if you are going to get power, 20th century America demands and will B. FAIR CREDIT REPORTING ACT how are you going to protect the peo­ have, and if it won't, it is doomed, let R.R. 3596, introduced last Congress and ple? Through regulation. But if the reg­ me tell you that. considered on the House floor, reformed the ulators or the regulations are farce, It sounds ironic, as we are reaching credit reporting industry in several impor­ tant aspects: (1) it increased consumer access you have no protection for the people's the end not only of a century but of a to credit reports by establishing a toll free interests. whole thousand-year period, that we number for consumers to communicate with The Office of Comptroller of the Cur­ would be looking back at one of the the major credit bureaus, by providing for rency is one of the main basic regu­ bloodiest and dreariest centuries for standardized forms for credit reports, and by latory bodies over banks, but the Con­ mankind in its history, and looking capping the costs of consumer reports; (2) it gress does not appropriate for it. It is into the 21st century with not much provided for enhanced privacy protection for independent. It gets it operating costs more unless we change. consumers by limiting target marketing and from the fees that the bankers pay to America, facing a reversion, iron­ prescreening; and (3) it enhanced the accu­ racy of information in credit reports by hold­ be examined. So they have always been ically, and I have said this several ing furnishers of information accountable for a kind of an independent kind of feisty times, we have gone back to the mer­ the quality of information they provide to group. cantile system we were in during the credit bureaus. I have had one, in fact he was a fel­ colonial period up until 1914, when we R.R. 3596 was passed by the Subcommittee low Texan that was Comptroller that for the first time became a creditor na­ on Consumer Affairs and Coinage with an came and told our chairman, he said, tion. amendment to override any related state "I don't have to obey you. You don't In 1985, on September 16, the Depart­ laws, including those laws that provide pay. We don't have any appropriated ment of Commerce announced that the stronger consumer protections than the fed­ eral standards. That preemption provision funds. The fees the bank pays for exam­ United States was again a debtor na­ was strongly opposed by the consumer advo­ ination, that is what keeps us going, so tion for the first time since 1914. cacy groups and every state attorney gen­ we don't have to. I am here at my suf­ Mr. Speaker, for the record I include eral. The preemption provision remained in­ ferance, not because you commended a memorandum related to these sub­ tact at the full committee level, and ulti­ me to be here." jects: mately remained in the bill during floor con­ I was there. So the people have no To: Member House Banking Committee. sideration by a vote of 203-207. Following the protection. From: House Banking Committee Staff. vote, Chairman Torres of the Consumer Af­ What I tell the bankers when they Date: January 25, 1993. fairs Subcommittee pulled the bill and pre­ Subject: Banking Committee-1993 Issues. vented further consideration. say, "Oh, you are a populist." I do not Congressman Torres plans to introduce know what that means. If a populist This memorandum briefly outlines major issues the Banking Committee addressed in similar legislation in the 103rd Congress means to be a liberal, of course; if a the 102nd Congress and is likely to address in where it is likely to be considered by the liberal means what the World Diction­ the 103rd Congress. Consumer Affairs Subcommittee. ary means, and that is a friend of the C. INTERSTATE BANKING AND BRANCHING A. FUNDING THE THRIFT RESOLUTION PROCESS people, absolutely. They are the ones AND THE DEPOSIT INSURANCE FUNDS The Banking Committee reported com­ that elect me. The Resolution Trust Corporation (RTC) prehensive banking legislation in the 102nd D 1330 was established in 1989 to resolve all savings Congress which included authority for inter­ associations which are declared insolvent state banking and branching. The legislation I want to be their friend because I through September 30, 1993; the RTC itself was defeated by the House. Legislative pro­ have a trust, and I maintain that trust. will terminate not later than December 31, posals to permit interstate banking and They have entrusted me. I will keep 1996. The bulk of the RTC's work after Sep­ branching are likely to be presented to the faith with them. That is it. It is no tember 30, 1993 will be asset disposition and Committee this year. more complicated than that. closing out receiverships. Interstate banking-permitting bank hold­ The Resolution Trust Corporation (RTC) ing companies to own banks in several In fact, I will remind my colleagues states-is currently accomplished through that those of us in this great American was initially provided with $50 billion in the Financial Institutions Reform, Recovery and regional compacts. Legislation to impose democracy that have been entrusted on Enforcement Act of 1989. The RTC received conditions on interstate banking may be our judgment day will have only one an additional $30 billion in March, 1991 and considered. question to answer, and none other, an additional $25 billion was provided in De­ Interstate branching would permit a bank and that is, were you for the people or cember, 1991 with an April, 1992 cut off date to branch nationwide. The questions of were you against the people? That is for using the funds. The RTC was able to use whether this should be permitted and, if so, all, nothing more, nothing less. That is only $7 billion of the $25 billion. Last year, what conditions should be imposed, remain the RTC requested a total of $43 billion, com­ contentious. Policy issues include whether what the shooting is all about, but you states should be allowed to affirmatively would not recognize it nowadays. posed of $25 billion of new money plus the re­ maining $18 billion that would be freed by permit (opt in) or affirmatively reject (opt In this letter to President Clinton I lifting the April date cap. That funding re­ out) interstate branching; how to ensure asked him to help with another reform quest was approved by the Banking Commit­ credit availability to traditionally under­ that I have been espousing for years, tee but rejected by the House. Consequently, served groups and communities; increased concentration, safety and soundness; and the and that is reform of our regulatory the RTC has been operating without funds system. We have the OCC, the Office of since April, 1992; since that date, the RTC export of state powers such as bank insur­ the Comptroller of the Currency, that has been able to place institutions into ance powers, to other states. goes back to 1865. Then we have the conservatorship but not resolve them. D. FEDERAL DEPOSIT INSURANCE CORPORATION Federal Reserve Board that wants to be SAIF-After September 1993, the cost of re­ IMPROVEMENT ACT OF 1991 solving insolvent savings associations will be The Federal Deposit Insurance Corporation our central bank, setting the monetary borne by the Savings Association Insurance Improvement Act of 1991 (FDICIA) was the policy and the related policies that Funds (SAIF). The SAIF has not been funded major legislation passed by the Committee only a central bank does in any coun­ by the Bush Administration; it has virtually in the 102nd Congress. The legislation pro­ try, and at the same time a regulator. a zero net worth. SAIF funding should be in­ vided a $30 billion line of credit to the Bank I said, "You cannot serve two masters cluded in RTC funding to ensure that addi- Insurance Fund, which line has not been January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1107 drawn on to date, required least cost resolu­ abroad requires a powerful, healthy so­ ment consultant and long-range plan­ tion of failed banks and thrifts, and insti­ ciety and economy here at home. ner of great wisdom, was telling me tuted a system of prompt corrective action. Yet the objective fact is that Amer­ how struck he was by the early pic­ Prompt corrective action is a system of man­ ican civilization is decaying. This sim­ datory regulatory interventions designed to tures of our efforts in Somalia when it ensure that institutions have sufficient cap­ ple statement, American civilization is hit him that the day before the Ameri­ ital, that they not be given the opportunity decaying, will be politically incorrect cans arrived there were going to be 8 to grow out of problems, and are closed in a on many campuses for three reasons. million hungry Somalians, 2 million in timely manner, reducing the losses to the de­ First, it implies there is an American danger of starving to death. After we posit insurance funds. civilization. Second, it implies that arrived, there would be 8 million Soma­ civilization takes learning; third, it lians being fed, but they would not RENEWING AMERICAN implies that American civilization is have learned any of the additional hab­ particularly worth learning about. its of self-government. CIVILIZATION Let me expand on each of those The SPEAKER pro tempore (Mr. three. First, American civilization im­ D 1340 KOPETSKI). Under a previous order of plies that there is an American civili­ They would not have learned any of the House, the gentleman from Georgia zation, yet we are the successor to the additional requirements of produc­ [Mr. GINGRICH] is recognized for 60 min­ Western civilization. Western civiliza­ tivity. They would not have learned utes. tion, in many ways, with roots in any of the additional needs of being Mr. GINGRICH. Mr. Speaker, I want Greek and Roman culture, coming up able to live together in a responsible to talk about renewing American civ­ through the Judeo-Christian tradition, way. But while they would not be fed, ilization. American civilization is de­ was a Northwestern European Cauca­ they would still lack the basic neces­ caying and it must be renewed. In sian civilization. It projected power sities of civilization which are the Franklin Delano Roosevelt's words, our across the planet beginning around structure we take for granted which generation has a rendezvous with des­ 1500, but in fact, ultimately it was and allow us to live together to be produc­ tiny, and I believe for our generation remained a European phenomenon. tive. that rendezvous is to renew American American civilization is quite dif­ Now, what is true in Somalia is also civilization. ferent. It is continentwide, not simply true in Anacostia right across the river In 1940 the greatest threat to freedom an area the size of Europe but the size here in Washington. To learn to be pro­ was from Nazi Germany and imperial of all America, extending into the Pa­ ductive, to learn to be responsible, to Japan. Americans rallied and freedom cific. It is multiracial, not merely cau­ learn to live in safety by enforcing the won. In 1946, the greatest threat to casian. It has many cultural traditions rules within your community, to learn freedom was from the Soviet empire. blended into one unifying civilization. to have self-government; each of these Americans committed themselves to It is impossible to think of being requires a considerable amount of time nearly a half century of containment, American without recognizing that, and effort and can be learned, but are to maintaining a strong military, and whether it is in our food, in our music, not automatic. at the end of that time the Soviet em­ in our clothing, in our history, in our To learn to abide by the rules of self­ pire collapsed and freedom won. My anecdotes, in our movies, again and government, that is why the power of dad spent 24 years in the U.S. Army again, we are a blend from many places last week's inaugural ceremony was so during that period, clearly seeing his into this one magnificent system. We emotional. There is a magic to our career in defense of freedom. are in fact the most integrating society ability to have one party, one side, in Today the greatest threat to freedom in the world. Colin Powell, Pat Saike, the White House, in the Oval Office is here at home. The decay of American Henry Bonilla, Jack Kemp, all are with the most powerful military ma­ civilization is undermining our very Americans, although Americans with chine in the history of the human race, capacity to have economic productiv­ different historic backgrounds. and magically, at exactly 12 o'clock on ity, our capacity to have a decent, safe American civilization is more opti­ January 20, under our Constitution, to society here at home, our capacity to mistic, more future-oriented, more transfer all of that power, to transfer project assistance abroad to help other open, more upwardly mobile. It has less that office to the other party. people. class consciousness. It is more con­ I was here as a sophomore in 1980, It is impossible for a country in cerned, as Martin Luther King, Jr., and I saw that magic when President which 12-year-olds have children, in said, about the content of our char­ Jimmy. Carter left, and President Ron­ which neighborhoods are dominated by acter than the color of our skin. I ald Reagan came in, and I was here violent gangs, in which drug addiction think that is a very important point to again last week as the second-ranking runs rampant, many schools graduate remember. This is a society that, more Member of the House Republican lead­ people who cannot read, and there is a than any society in history, has at­ ership watching the same magic, as crisis of an AIDS epidemic; in that en­ tempted to reach out to every person of after 12 years, the Republicans walked vironment it is impossible in the long every background and attempted to out of the White House and the Demo­ run to sustain American civilization. provide the opportunity to rise; and crats and President Clinton walked in. Yet, the future of freedom is at while in many ways we fail, we recog­ And it is magic. stake. Without America, there will be nize it is a failure because our stand­ If you think it is not, look at Bosnia, more Bosnias, more Somalias, more ard, our goal, our yardstick, is to give look at Haiti, look at Iraq, look across lraqs. We are the only country large every American an opportunity to live the planet. There are very few places in enough, complex enough, multiracial a better future, something which vir­ the history of the human race where enough, to truly provide leadership for tually no society applies to all of its those with power have voluntarily sub­ freedom across the planet. If we weak­ people. ordinated themselves to the abstract en, if we lose our will, if we lose our Therefore, I would assert there is an rules of giving in to their opponents. economic strength, if we lose our ca­ American civilization, and it stands on Only in the last 200 years has it begun pacity, there is no one to replace us. the shoulders of Western civilization, to be relatively common, and it is still We see grimly already in Sarajevo but it includes in its heritage many not the fate of a majority of humans. and Mogadishu, across the planet, the other cultures, histories, and We are getting close to a majority, but dangers of what will happen if Amer­ ethnicities. as all of us know, in many of the coun­ ican civilization falters and weakens. Second, civilization takes learning. tries it is very fragile and very thin, Yet, without renewing American civili­ It takes time and effort to learn to be and in fact, again, here at home we zation here at home we cannot con­ an American. I was really struck with face these dangers not only by other tinue to promote and sustain freedom this in looking at Somalia. A friend of countries like Bosnia and Haiti and abroad, because power assistance mine, Owen Roberts, who is a manage- Iraq, as grim reminders of the cost of 1108 CONGRESSIONAL RECORD-HOUSE January 25, 1993 civilizations collapsing, but so were the freedom are not gifts. All too often we "You need to always know a minimum gangs in east Los Angeles and the gang hear politicians say, "Elect me, and of two trades so you can always earn a violence in Techwood Housing in At­ you will be prosperous." I want to sug­ living even if one of your trades be­ lanta. gest to you that except for a brief pe­ comes obsolete." The fact is to know how to grow up, riod where we transfer weal th, where Second, the manual emphasized sav­ to discipline yourself, to subordinate we steal from one to give to another, ing a minimum of one penny a week. yourself to the rules, to be part of a there can, in fact, be no prosperity in Now, a penny back then would prob­ larger process of self-government, to and of itself, nor can there be freedom ably be, in inflated money, 25 cents focus your energy and drive and dis­ in and of itself. Prosperity and freedom today, but the principle that drove cipline on trying to be productive with­ are contingent on the habits of respon­ that was this, that the act of budgeting in a framework of not harming others, sibility, productivity, and safety. and saving changes your perspective on all of that is a set of learned skills and Only by helping people become re­ life and changes your perspective on learned behaviors, and for two genera­ sponsible, helping them become pro­ time, and teaches you discipline and tions we have failed to strengthen ductive, and helping them become safe teaches you over time how you can get them, to teach them, and to assert can we truly help them achieve pros­ ahead. them. perity and freedom. Now, I would suggest to you to go So I just want to say that if you will All too often politicians and academ­ into any elementary or high school in agree that there is an American civili­ ics focus on how we get to prosperity America today and say to people, "You zation, that requires that you also and freedom without building the un­ had better plan to learn two trades so agree that this is a civilization worth derlying foundation, the key structure, that if one of them dies, you are going learning, because after all, you cannot which is at the essence of prosperity to have the second one, and you had sustain any civilization beyond one and freedom. So I would argue that better be saving at least a quarter a generation. All it takes is the next gen­ every policy should be looked at, and week, because you need the discipline, eration refusing to learn or not being the question should be asked: Does this you need the experience, you need the taught, and the whole process begins to policy help people become more respon­ long-term time perspective." You fall apart. I would suggest that to sible, more productive, and more safe would be laughed at as terribly old­ study American history is to study a so they can be prosperous and free, so fashioned. set of attitudes and values of practices they can pursue happiness? I would also suggest that the basic and principles which are at the heart of And then I would apply not the issue, underlying lessons .of the Girl Scout prosperity and self-government. is it ideologically right or ideologically Manual of 1913 apply directly to how The key question is simply: Does a wrong, but, rather, is it constructive to America got sick and why American proposed policy help people become people, or is it destructive to the way civilization is decaying, and you can­ more responsible, more productive, and they behave. By the way, I really got not renew American civilization until more safe so they can be prosperous turned on to this approach by reading we have the moral courage to go back and free, so they can pursue happiness? the 1913 Girl Scout Manual. My wife and to insist on these core lessons of . Let me repeat that: Does a proposed how people ought to behave and what and I were in Savannah a number of people ought to do. policy help people become more respon­ years ago; we went to Juliette Low's Let me say that civilization can be sible, more productive, and more safe house. They sell a reproduction of the learned, and American civilization so they can be prosperous and free, so 1913 Girl Scout Manual, and when you must be learned. In fact, it is the key they can pursue happiness? If the an­ read the ground rules for life written to assimilating immigrants. swer is yes, then that proposed policy for girls in 1913, it is a very profound Let me say again that the key chal­ is constructive. If the answer is no, document. lenge in America with people who come then it is destructive. First of all, it is entitled "What from all over the world is not how Let me break this into two key parts. Every Girl Can Do For Her Country," many arrive but how fast do they be­ First, all we can guarantee in a free so­ and in that sense it is a clearly patri­ come American. If we go back to being ciety is the pursuit of happiness. One of otic, pro-American national view, pro­ a country that is truly a melting pot, a the great failings of totalitarian re­ American concern, trying to teach country in which every immigrant gimes, of all too many of our friends of every young girl, and this, by the way, learns English, a country in which ev­ the counterculture on the left is that was in one of our peak periods of immi­ erybody becomes habitually and, by they want to guarantee happiness. gration when the effort to assimilate practice, an American, a country in They seek equal outcomes when, in and bring everyone together as Ameri­ which we integrate and assimilate and fact, you cannot guarantee happiness. cans was particularly important. bring together everyone, then, frankly, Happiness is between you and your Second, it had two rules which I re­ there is no worry about immigration. God. Happiness is of the spiritual member reading in 1981 that were just They are just new Americans with new world, not the secular. The most the stunning. The first was, and this was energy and new drive and new hopes secular state can do, is create a frame­ pre equal rights amendment, this was and new dreams, creating new weal th work in which there is a greater chance pre what we think of in the modern age and new prosperity, and they make the to be happy, and clearly if you are in as women's liberation, and the first one whole country stronger. an American suburb in a good job, in a was this, according to the 1913 Girl It is only when the assimilating and nice neighborhood with your kids in a Scout Manual, that every girl should integrating capacities of America start good school, living in safety, you are learn two trades so that if one dies, she to slow down, it is only when we fail to more likely to have a chance to pursue can earn a living at the other. Now, teach the principles and practices and happiness than if you are starving in think about how many people know habits of being American that there Somalia or being shot at in Bosnia. But who have taken 2() weeks of unemploy­ has to be any kind of concern about the key principle which is that govern­ ment, gone deer hunting and bass fish­ immigrants. But that concern is not ment can create a framework in which ing, not spent the 26 weeks in college, just about immigrants. Note the prob­ you can pursue happiness and you can not spent the 26 weeks at a vocational lems that we have in teen gangs. Teen­ seek, through your own religious be­ school, not spent the 26 weeks getting age gangs are a function of the failure liefs, to accommodate yourself to life a new vocation or starting a new busi­ to structure schools, government, the and to come to understand what happi­ ness or learning a new trade, but then law, and society, to teach American ness is, but the state cannot guarantee turned around at the end of the 26 civilization. or give you happiness is a very key weeks and said, "I need 26 more, be­ part of American civilization. cause I am still waiting." D 1350 The second point I would make about By contrast, in 1913 for young girls, And it is every one of those. It does that sentence is that prosperity and the Girl Scout Manual was saying, you no good to have a textbook in a January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1109 classroom and have every lesson equally important and equally useful portant because it is the basis of rees­ learned out in the real world under­ cultures, so that each student would ~ablishing two key words, the word mine the textbook. We have to have sort of invent their own version of civ­ progress and the word decay. And I laws which encourage the work ethic, ilization by taking what they thought have to thank Jeff Eisenach, a brilliant we have to have laws which encourage was useful from all of them. young intellectual who first pointed families and encourage male respon­ Let me say, first, American civiliza­ this out to me. sibility for their children, we have to tion must be studied first and be thor­ Progress as a word is very, very com­ have laws to encourage learning and oughly mastered before we can move mon in the Western World up to 1914; it encourage retraining, we have to have on to other topics; and, second, that died somewhere between the trenches laws which are very, very tough on American civilization is in fact a more of France on the western front in criminals and drug dealers. powerful, a more humane, and a more World War I and the horrors of Ausch­ Only by having the law as a great desirable form of civilization. Let me witz in Eastern Germany and Poland in teacher do we enforce the school, can first explain why American civilization World War II. Progress disappeared. We we in fact expect people to truly learn should be studied first and thoroughly got into a system that said, "Well, American civilization. If effect, be­ mastered before moving on to other there is no progress.'' In fact, there is cause we have not had the courage and topics. a book entitled "The Death of the integrity and the discipline to in­ The biggest and most important rea­ Progress," which is a study of how the sist on American civilization, what we son for doing that is because this is word disappeared. have happening in all too many of our where we live, it is where we are, it is Now, if you do not have progress, you greater cities is the equivalent of the our home. Learning to be American, also do not have decay. It is inappro­ "Lord of Flies," supplied with sub­ learning to succeed as an American, priate to talk about the decay of the machine guns. Young males who do not learning to participate in self-govern­ inner cities, the decay of our schools, have a hierarchy to join will form one ment, to live in a diverse, complex so­ the decay of our government bureauc­ on their own if adults do not create ciety has to take precedence if our racies, because this again implies a hierarchies and bring males into those children are to grow into responsible, standard, and who are we to judge. And hierarchies; this is why initiation rites productive, safe citizens capable of sus­ yet if you do not have progress and you matter. It is why in every healthy soci­ taining the civil life of a free society. do not have decay, you do not have the ety there is a conscious effort to worry When you read the entry level exams yardstick, you have no way of saying about young males of puberty and to of freshmen at some of the elite col­ leges and universities and you realize whether the next thing is better or bring them into adult society in a way that a quarter of them were not aware worse. If there is no yardstick, there is which makes them adult. By creating a that Lincoln gave the Gettysburg Ad­ a long-term tendency for people in fact gap in which there is no way for young dress, that a significant number were to drift into barbarism and savagery. males to become bonded and to become not sure whether the Revolutionary Progress is linked to constructive initiated into being an adult American, War and the Civil War were the same and decay is linked to destructive. And we have created literally "Lord of the event; that on item after item naming the two have to come together and Flies" at a level of incredible violence both Senators for your State, naming have to be part of the same system and and incredible savagery that has to one or more Supreme Court Justices, the same procedures. Without progress, sadden every single person. knowing where the Supreme Court is how do you know something is destruc­ Let me also say, the ability to inte­ between the State and Federal Govern­ tive? Without decay, how do you know grate and assimilate, to initiate into ment, it you take item after item of something is destructive? American civilization, is not auto­ the most basic principles of American So we need a yardstick. matic. There are many countries in the life and the current education system Now, if there is an American civiliza­ world which do not accept outsiders al­ has collapsed so disastrously in terms tion, the question is: Is it decaying? I most no matter how long they stay. We of teaching American civilization that have talked in the last month or so are the most unique country in our we are literally not giving young peo­ about the decay of American civiliza­ willingness and our ability to bring ple, even elite young people going to tion, and I have yet to have a single people in and absorb them. But we are the best schools with the best edu­ audience in which somebody got up and losing that ability both with our young cation, the kind of grounding in Amer­ said, "Oh, we are really not decaying." in the cities and with immigrants ican civilization which they need. In every audience I have talked to across the board. We have to go back But, second, I would argue you there is virtually universal agreement and rethink carefully how can we rees­ should learn American civilization that we are in fact in enormous danger tablish American civilization in its full thoroughly first because it is in fact of decay. dynamic as the most integrating soci­ better than its predecessors. The rac­ Let me give you one example. There ety on the planet. ism of Western civilization, the sav­ was a teachers' survey, this is in Third, having asserted first that agery of Aztec sacrifice, the caste sys­ school, and they were asked the ques­ there is an American civilization and, tem of classic Indian civilization, the tion, "What are the leading problems second, that American civilization oppression of women in Iran, the muti­ in your school?" In 1940 here are the must be learned by each generation, I lation of young women in some soci­ three answers, in 1940 the teachers said believe that it is necessary to replace eties, these practices are less humane, the top three problems in school were: multiculturalism with other less decent, and less desirable than One, littering; two, noise; three, chew­ culturalism. This is not just a play on American civilization. ing gum. words, not just putting "other" in I think it is useful to first learn In 1992, the same survey was asked of front of "culturalism" instead of about ourseives and about what we do teachers. Here are their answers: One, "multi" and walking out with a gim­ and about what we value, and then, rapes; two, assault; three, teenage sui­ mick. The difference is very, very clear frankly-and I have a doctorate in Eu­ cide. and very simple. ropean history, I taught both world Let me just suggest to you unequivo­ Multiculturalism is the equivalent of history and European history-I be­ cally-and I would debate anyone any­ situation ethics applied to civilization. lieve you should learn about other civ­ where on the following assertion-to go It assumes cultures are equal morally ilizations, but you should learn about from littering to rape is decay, to go and it assumes you can lump American them within the framework of your from noise to assault is decay, to go civilization in with other cultures and own American civilization and after from chewing gum to teenage suicide is other civilizations so that we can de­ having first thoroughly come to under­ decay. vote one-fifth or one-tenth or one-fif­ stand it. We are faced with the objective fact teenth of our students' time to Amer­ Establishing the legitimacy of Amer­ that, available every night on virtually ica while concurrently studying other, ican civilization as a yardstick is im- every television newscast all over 1110 CONGRESSIONAL RECORD-HOUSE January 25, 1993 America that, American civilization is votes. It is everywhere from what does In education, we need to rethink in fact decaying. your local school teach to what does learning from the ground up. The National School Board Associa­ your alma mater teach, to what do you In health, we need to re-think the en­ tion is in town. They asked the ques­ hear on radio and television, to what tire process of having a healthy nation tion this year, "What do you think is happens with your local club and your from the ground up, and in government the biggest single problem in edu­ local civic organization, to what are there is no reason that we cannot have cation?" And like all good educational your governments and your politicians as large a downsizing of the New York bureaucracies, they would hope the doing. City bureaucracy, the Georgia State people would respond, "We need more I believe that when you look at the bureaucracy and the Federal bureauc­ money." Well, 22 percent said under­ 21st Century that there are five pillars racy, downsizing comparable to Ford, funding is the key problem; 48 percent of renewing American civilization. The IBM, General Motors, or Xerox. said it was drugs, discipline and gangs. five are simple. Let me just point out one of the Forty-eight percent said drugs, - dis­ First, quality as defined by Edwards great intellectual failures of the wel­ cipline and gangs are the biggest prob­ Deming. fare state is the fact that sacrifice was lems in America schools. And in fact 9 Second, technological advancement. talked of in the inaugural address last percent listed gangs as their biggest Third, entrepreneurial free enter­ week, but the only people so far who problem. prise. are going to sacrifice are working tax­ Now, think about an America where 9 Fourth, the principles of American paying Americans. Nobody has yet said percent of the schools list teenage civilization. let us have basic change in the fun­ gangs, 9 percent of the parents list Fifth, psychological strength. Let me damental structure of the bureaucracy. teenage gangs as the biggest problem expand on those for just a moment. Let us apply Deming's concepts of pro­ in their school. If that is not decay, First, quality as defined by Edwards found knowledge. what is? Deming. Deming is the man who This is not a question of more or less. Science magazine reported about a taught the Japanese the concept of With quality, you actually get better month ago that in the last 10 years the quality. He describes it as profound services and better customer satisfac­ ability of Americans to do math as knowledge. It is truly quality with a tion and more productivity, while compared to the Japanese and Chinese capital Q. It is not just doing things using fewer resources and fewer people. has not improved one bit. We have had right. It is an entire way of thinking It is as big a revolution for the 21st 10 years of a nation at risk, we have about your customer, your supplier, century as the assembly line and Henry had 10 years of politicians talking your business, your job, your relation Ford and Taylor's scientific manage­ about education, we have had 10 years with your fellow employees. It is a set ment were at the beginning of the 20th of spending more money on education, of behaviors which allows us to provide century. It is a fundamental revolu­ we have had 10 years of discussion, and for less cost, faster service, higher tion. the fact is that as of today we have not quality, greater satisfaction. Second, technological advance. You improved our mathematical abilities I would assert and I do not know of know, America has been the most compared to Japan and China at all. any quality expert who disagrees with protechnological society in the history Now, I would suggest to you un­ me, that if we were to apply quality to of the world. The fact is that Desert equivocally that American civilization education, to health and to govern­ Storm was largely a victory of tech­ cannot survive as a country in which ment, we would lower the deficit by 59 nology. It was 19- and 20-year-old 12-year-olds have children without percent within 3 or 4 years, while actu­ Americans in M-1 tanks with infrared preparation, schools give people diplo­ ally · improving services, improving vision seeing 3,000 meters out on a mas when they are illiterate, a signifi­ health, improving learning and creat­ foggy morning to kill a T-72 tank cant number of our young are drug-ad­ ing a better customer satisfaction with which literally could not see them. It the bureaucracy. was F-117's that were invisible to the dicted, there are neighborhoods so vio­ Quality is a dramatically different lent that we cannot create new jobs, Iraqi radar sitting over Baghdad with way of approaching things, and I will laser-guided bombs and television-guid­ there is an AIDS epidemic which is 90 be talking about it more in the next percent avoidable by behavioral ed bombs, putting them in windows of few weeks. Let me give just one or two buildings when the Iraqis could not change, and all too many of our young quick historic examples. have a sense of hopelessness which even find the F-117's. The Ford Motor Co., and this is de­ It was a level of electronic informa­ leads them to assume, accurately in scribed by Peterson in a tremendous some cities, that since they are going tion, command and control, that put us book called "A Better Idea," very sim­ in a different world from the Iraqi's. to die before they are 20, there is no ple, easy, understandable reading, in point in planning for the long run. Technology has al ways been good for which he outlines how quality and Americans, from Benjamin Franklin 0 1400 Deming applied profound knowledge to who invented the bifocal glasses, the That collection of problems is in fact the Ford Motor Co. The Ford Motor Co. Franklin Stove, the lightning rod, up the crisis for the future, so I do assert last year had 9 of the 10 most efficient through Eli Whitney and the cotton American civilization is decaying. factories in the United States in the gin, Samuel Colt and the revolving pis­ To paraphrase Franklin Delano Roo­ auto industry. Nissan had the 10th. The tol, Morse and the Morse Code and the sevelt, our generation's rendezvous Ford Motor Co. now rivals Toyota as telegraph, all the way up to the with destiny is to dedicate ourselves to the most productive automotive com­ present. Americans have been proud of renewing American civilization. We pany in the world. the idea that we are the most prag­ need a movement dedicated to renew­ Why? Because they profoundly reex­ matic, the most technology-oriented, ing American civilization. amined what they were doing, how the most futuristic of all people; and I think it will take 2 million or more they were working, how they related to yet today the bureaucracy of the wel­ active citizen leaders to insist on and their customers, how they related to fare state is slowly and steadily grind­ insure the renewal of American civili­ suppliers, and they have changed the ing down our ability to be techno­ zation. fundamental culture of the Ford Motor logically advanced and the cultural at­ Let me say, I think that renewal Co. Peterson describes it brilliantly in titudes of the left and the counter-cul­ needs to be cultural. It needs to be so­ his book. I would simply suggest that ture are so antitechnology that they cietal. It needs to be educational. It every American citizen has to become are slowing down the development of needs to be economic. It needs to be familiar with the concept of quality new medicine, the development of new governmental and it needs to be politi­ and with Deming's work. Every Amer­ learning systems, the development of cal. ican citizen has to think how does this new ways of getting things done. This is not just an act of renewing in­ apply to my life, to my neighborhood, It is very important to understand in volving politics and politicians and to my community, to my government. terms of cost, that the only two places January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1111 in American life where the cost of tech­ down and imagine that plane, thin, Instead, the longer we bureaucratize nology goes up are the Defense Depart­ frail, light, experimental, after OSHA the space program, the more we make ment and those aspects of health domi­ got done with the seatbelts and the it a socialist space program, the more nated by government. Microwave extra things and the this's and the expensive it gets, the more bureau­ ovens, the cost goes down. Color tele­ that's and the structural reinforce­ cratic it gets, the slower it gets, and visions, the cost goes down. Cellular ments, the sucker would never have the less efficient it gets. telephones, the cost goes down; but if gotten off the ground and we would Now entrepreneurial free enterprise you are a government bureaucracy, have no problem of airplane crashes is important in a number of levels. like the Pentagon or the Health Care today, because we would not have any First of all, it is the most powerful way Finance Administration and in charge airplanes. for minorities to rise and become of cellular telephones and microwave If you think I exaggerate, talk to wealthy. We can see this with Asian­ ovens, the cost would go up. anybody in the pharmaceutical indus­ Americans who have the most entre­ So first of all, keeping technology try who is trying to get a new drug to preneurial orientation of all the ethnic moving, inventing a better future, cre­ come to market to help people with groups currently coming to the United ating better ways of doing things, is at terminal diseases. You cannot get the States. We also see this with the West the heart of being American. drug to be experimented with because Indian blacks who have a higher aver­ Imagine, if you will, just to show you the people who are dying might be age income in the United States than how sad the situation has become and sick. So literally what happens is the do whites. Any group which starts out how bad the decay is, imagine that bureaucracy says that we cannot allow trying to set up small businesses, Thomas Edison invented the electric mature adults to try this out because, working very hard, saving, developing light today in the welfare state. It after all, it might worsen them. And a better future, is, in fact, going to rise would be reported by major news net­ you say to them, "Well, these people in America. In America, if you will get works, a report which would begin, are going to die in the next two a job, keep a job, work, if necessary, at "The candle-making industry was months." a second job and live 10 percent below threatened today." "It does not matter. We cannot allow your take-home pay, even if you are At least three liberal Senators would you to take this risk, even if they want very poor, it is amazing how rapidly jump up and introduce a bill to protect to take the risk." you can accumulate. the candle union. Ralph Nader would Or go talk to people who make the Mr. Speaker, that is not just a hom­ hold a press conference to announce most minor modification and are then ily. That is true for Laotians, Cam­ that electricity can kill and the entire forced to get back in line at the bu­ bodians, Vietnamese, Japanese, Kore­ development of electric lights as ap­ reaucracy and wait for 1 year, 2 years ans, Chinese, Indians, and Pakistanis. plied by General Electric would be or 3 years to get some bureaucrat to Virtually every group which comes to blocked. approve the paperwork in order to put America with a strong work ethic and If you think I exaggerate, look at the something on the market which, in a strong extended family rises very newspapers and see how many exam­ fact, is clearly, by any commonsense rapidly. ples you can find. standard, already demonstrably safe. As I said earlier, it is true for West Or consider a different approach, the I would just suggest to you that be­ Indian blacks. It is true for most His­ problem of regulation in an tween the culture of the left and the panics. It is only when the welfare antitechnology bias if the Wright welfare state bureaucracy, we have be­ state starts to break down the work brothers showed up today. Can you come a much more antitechnology so­ ethic, starts to break down the savings imagine the Wright brothers at the En­ ciety than it should be, and it is a trag­ ethic, starts to break down the willing­ vironmental Protection Agency. They edy because technology could revolu­ ness to go out on your own and set up had invented a brand new machine tionize heal th care and radically lower a business, starts to break down the which went through the air and had a the cost of taking care of yourself and family-only when the welfare state propeller that chopped through the air. give you a great deal more diagnostic takes over an ethnic group and breaks The EPA bureaucrat, of course, would information without having to go to down those habits do we in fact see immediately say, "And how many in­ the doctor. them trapped in poverty. sects do you kill? And when you kill Technology could explode the capac­ When you look at entrepreneurial those insects, how many of them are ity of humans to educate themselves free enterprise, there is another way to endangered? You want go do down to and to learn without having to show up look at it. McDonald's has the most Kitty Hawk and irresponsibly fly this at school during certain hours. So we powerful job training system in the thing without even having done a cen­ should be very technologically oriented world. More young people get more sus of insects." and we should reestablish techno­ entry level training in McDonald's So the Wright brothers leave the logical advance as a key part of our fu­ than anywhere else. Yet the tragedy of EPA with a folder full of forms to fill ture. the welfare state is that our attitude is out in triplicate, walking down the hall Third, entrepreneurial free enterprise to raise the taxes on McDonald's to suddenly encounter the Occupational is of the essence not just of being pro­ transfer the money to a bureaucracy to Safety and Health Administration. ductive, the essence of not just being pay for the Job Corps even though in Can you imagine Orville and Wilbur prosperous, but it is the most powerful recent studies it has been proven that walking in, saying to the OSHA inspec­ method for getting government to you will have a lower lifetime earning tor, "We're bicycle mechanics. We have work. level if you go to the Job Corps than if invented this thing. We're pretty sure you avoid it. it goes up and we think it will come D 1410 My point is this: down. We're not sure about that yet, When government in the 19th century We should be encouraging job train­ never tried it before. We are not ex­ wanted to build railroads, they encour­ ing through the businesses that are actly sure what the safety conditions aged private enterprise to do it. When productive and entrepreneurial. We are, but Wilbur said he would get in it government in the 1950's wanted to should be encouraging the maximum and we will go down and see what hap­ have jet aircraft for transportation number of small businesses. We should pens." uses, it was private companies who did be encouraging every minority group By the time OSHA got done with all it. You can make a very powerful argu­ and every woman to go out and start a the different safety equipment they ment that if the shuttle were being business because the best way to break would want to put on the original built by a private company rather than the glass ceiling is to own the glass. We Kitty Hawk flier, which you can see by by NASA, it would be cheaper, faster, should be rethinking government, re­ the way right down here in the Smith­ less expensive to maintain, and come thinking health care, rethinking learn­ sonian Air and Space Museum. Go in ahead of schedule and under budget. ing, rethinking all the different aspects 1112 CONGRESSIONAL RECORD-HOUSE January 25, 1993 of bureaucracy, applying entrepreneur­ open a small business, you will not be First, economic growth; second, ial free enterprise before we talk about able to rise economically, and you will health; and third, saving the inner a single penny in tax increases. not be able to do the hard work of free­ city. Mr. Speaker, until we have reformed dom that is the essence of citizenship. First, economic growth is vital be­ the New York City bureaucracy, the For two generations we have failed to cause in a free society you need to keep worst single bureaucracy in the coun­ be honest with the poor about the fact growing to bring everybody into pros­ try in work rules, until we have re­ that you need more courage, more hard perity to avoid the kind of bitterness formed the Federal bureaucracy in work, more perseverance, more dis­ and hatred we see in Bosnia, and in Washington, until we have really taken cipline, and more integrity if you are Serbia and in Croatia. We need an apart and rethought what we are doing poor. The rich can afford to buy sub­ economy that is growing so everybody in terms of the system we currently stitutes, but in a free society every cit­ can have a better future. We need an have, we should not raise a penny in izen has to have psychological economy that is growing so there is taxes on working Americans because strength. more wealth to sustain and help gov­ government has not yet sacrificed by I was first turned on to this by Gary ernment institutions. We need an econ­ developing new ideas and new ap­ Wills in his book, "Inventing Amer­ omy that is growing so we can lead the proaches. ica," which is a study of the Declara­ planet and so that we can have the Fourth, after equality, technology, tion of Independence. Wills describes strength to provide power, assistance technological advance, and entre­ George Washington, a passage that I overseas. preneurial free enterprise are the prin­ will bring over in the near future, and Now, as subsets of economic growth ciples of American civilization. We I will read it into the RECORD, and he we have to worry about the deficit, we simply have to be committed to teach­ says: have to worry about incentives for sav­ ing people the work ethic. It was fas­ Nobody in the modern age can appreciate ing, and investment and job creation. cinating to me and one of the things the importance of George Washington be­ We have to worry about creating a cul­ that allowed me to feel comfortable cause it wasn't that he was brilliant in I.Q .. ture, an educational system and chang­ giving this talk to realize that when it wasn't that he was a charismatic leader in ing the bureaucracy so that it is speaking. It was that his personal integrity, the Atlanta Constitution in January his personal character, his personal commit­ proeconomic growth. But I think the 1992 asked in 10 States-they asked men t were so powerful that people felt they topic and the goal ought to be growth, southern blacks the following question: could lean on him, and he could truly be the and that ought to be our first goal. "Do you believe that everyone should Father of the Nation, and he could truly be Second, Mr. Speaker, we need to be required to work who gets welfare, the general in charge of the Revolutionary focus on health. Notice that I did not including women with young chil­ Army. say health care. Health care is subordi­ dren?" Eighty-one percent of southern And Wills goes on to say: nate to health. If we have good enough blacks said yes, everyone should be re­ No modern historian can truly explain prenatal care, we are going to have quired to work if they get welfare. In­ George Washington because they can't ex­ healthier babies who need less health terestingly that was actually two plain these psychological strengths. They care. If we have good enough emphasis points higher than southern whites. don't fit the way modern liberal culture on wellness, we are going to have fewer Seventy-nine percent of southern talks about the world. heart attacks and need less health whites said yes. And so I want to suggest to my col­ care. We need to look at the totality of Mr. Speaker, there is a basic core be­ leagues that every young person needs having a healthy America. That means lief still in a strong family. in male re­ to study George Washington, and they more preventive care, more emphasis sponsibility for their children, in the need to study people who rose in one on wellness. It means entrepreneurial work ethic, in the importance of sav­ generation, whether it is Andrew Car­ health care rather than bureaucratic ing, and yet our Tax Code, our welfare negie or Henry Ford. They need to un­ health care. It means returning power code and, all too often, our school sys­ derstand people that are successful at to the citizen in health care, making tems fail to reinforce and fail to invention such as Thomas Edison and such that the citizen, as patient, is strengthen precisely these behaviors. the Wright brothers. They need to able to choose who their doctor is, We should replace welfare with learn over and over again the impor­ what kind of services they want, and workfare. We should have a school sys­ tance of psychological strength and the that the citizen has information. I will tem which rewards learning. We should very fabric of life, and I would say to spend a good bit of time in the near fu­ have a system which is aimed at health my colleagues, whether it is the prob­ ture talking about the medisave ac­ care, at rewarding wellness. We should lem of males having to be responsible count concept that JOHN KASICH, and change the Tax Code to encourage sav­ for their children, the problem of get­ RICK SANTORUM, and Pat Rooney have ings rather than to punish people who ting people to start small businesses developed, the concept of a medical save by raising their taxes. On every when they are poor, the problem of savings account, and I will talk about front we should reestablish the prin­ stopping the AIDS epidemic, which is ways in which we can change behavior, ciples of American civilization so that largely, frankly, an avoidable disease, lower the cost of health care; not just it replaces the welfare state with an based on behavior, and the problem of cap it, lower it. We can have better opportunity society and so the law re­ stopping teenage pregnancy, which is health with better health care at lower inforces the right values. as avoidable as other behaviors and in costs with greater customer satisfac­ Last and fifth, Mr. Speaker, after many societies has been avoided; all of tion if we are prepared to look at en­ quality, technological advance, entre­ these have to come back in the end to trepreneurial heal th care and replace preneurial free enterprise, and the psychological strengths and teaching the bureaucratic health care system if principles of American civilization, we people that they have to find within we are prepared to talk honestly about need to emphasize psychological themselves the courage, and hard the requirements of prevention and strength. Five simple words: Courage, work, the perseverance, the discipline, wellness and if we are prepared to go to hard work, perseverance, discipline, and the integrity. some system like medical savings ac­ and integrity. I want to repeat those: Now I think, as we focus on renewing counts or medisave accounts to give Courage, hard work, perseverance, dis­ American civilization, we have to re­ people an incentive to change their be­ cipline, and integrity. member President Reagan's great les­ havior. Let me say bluntly, Mr. Speaker, if son, that you cannot do too many you do not have psychological strength things at once. We have to focus on a 0 1420 in a free society, you are not going to couple of big projects at a time. I want I will spend a good bit of time in the get there. You will not be able to hold to suggest for every American three near future talking about health. a family together, you will not be able areas to focus on in the next couple of Third, we must save the inner cities. to learn a trade, you will not be able to years until we solve it. Conservatives and Republicans must January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1113 have the courage and the responsibility All this is a huge challenge. I have are just going to get off, and their only for all Americans, no matter what talked about renewing American civili­ comment is going to be that the food their background, no matter where zation. I have described the five pillars was not that good and they had already they live, no matter what their cir­ of that civilization. I have suggested seen the movie. cumstances. At the same time, liberals three areas that we have to focus on. It Now, how could you consciously get and Democrats must care enough about is a huge challenge. those vaudevillians to understand the the inner city to put aside ideology and Let me say this: I say this after 21/2 scale of change that was about to over­ interest groups and come to the table months of thinking about where we whelm them? I do not know, but I be­ and talk openly about how together we have to go, and I do not have the an­ lieve that is where we Americans are­ can save the inner city. I believe if we swers. I have ideas, I have insights, and the computer, fiberoptics, bio­ apply the five pillars I have described, I see possibilities. I feel a lot like a fu­ technology, satellites, worldwide trans­ if we apply quality as defined by turist in 1903 who met with a bunch of mission. Deming, if we apply technological ad­ vaudeville actors. Remember, vaude­ If you read President Clinton's inau­ vance, if we apply entrepreneurial free ville actors earned their living on a gural address, everything he said about enterprise, if we apply the principles of live stage with a band and with people change and technology and the world American civilization, and if we apply out front, very often in a saloon. They market and information was exactly psychological strength, I believe it is went around the country on a circuit right. It was not particularly new, ex­ possible to save the American city. by train. They could get one good act cept for the part about politicians, and And I would say that there is no great­ and they could keep that act for a life­ it took great courage on his part, I er moral challenge to this Congress and time because by the time they came think, to say it, and it will take even this city than to take passionately, back around again, people had forgot­ greater courage to live it out and to deeply, and in tensely the challenge of ten that they had been there 4 years follow it. saving the American city. earlier. But if you read Alvin Toffler's "Fu­ The human face of pain, the loss of ture Shock" or his later book, "The life, the tragedies near this Capitol are Imagine that we had a meeting of vaudeville actors in 1903 and we said to Third Wave," Kenneth Boulding's "The heartbreaking. More Americans have Meaning of the 20th Century," Peter died in DC, than have died in Somalia them that there were three events in 1903: the Great Train Robbery which Drucker.'s "The Age of Discontinuity," since the Marines and the Army landed or Naisbitt's "Megatrends," all these there. Think about that. That is the was made as a film, and the first fea­ ture was a film with a plot 4 minutes books tell you the same things over objective factual reality, and I will re­ and over again. We are at a turning port on it in a special order later on long and that still shows down in Disneyworld; Henry Ford produced his point where all changes are going to be this spring. More Americans have died so amazing that we who are in public here in the National Capital than have first assembly line automobile; and the died in Somalia. Does that not shock Wright brothers flew at Kitty Hawk. life-and all citizens should be ill pub­ you, alarm you, sicken you? Now, imagine that we tried to explain lic life; every A:nierican has an obliga­ We read about 5- and 6-year-olds to these vaudeville actors that every­ tion to care about their country-will killed by stray bullets. We read about a thing they had been doing live in front have to try to develop the answers that principal in New York who was out of people would be replaced by a screen allow us to renew the American civili­ walking the neighborhood looking for a with a flickering black and white zation in the middle of that scale of truant he wanted to save and get back image, with no voice, and people would change. to school, and he is killed by a stray read the subtitles, and they would ac­ I do not have the answers. I would bullet. We had a teacher in the Atlanta tually prefer to go to that silent movie say to any of my colleagues or anyone area just a week ago, raped and brutal­ rather than see a live vaudeville show else who sees this or who reads it in ized because slie went to school at 7 in next door, and that that film would be the CONGRESSIONAL RECORD that if you the morning and the guard does not actually something which had hap­ would like to send me success stories come until 8. She was assaulted in the pened 3 or 4 months earlier in New applying the five principles of quality, school. At what point are we going to York or in Los Angeles and had been technological advance, entrepreneurial say, "Enough"? edited and put together so it did not free enterprise, the principles of Amer­ We have children here within 2 miles even occur the way it looked on the ican civilization, and psychological or within 1 mile of this building who film, that, they had just shot different strengths, I would love to get those are not getting educated, but who are scenes and some other person put them success stories. If you have horror sto­ trapped in classes that do not work. We together, and that some people like ries that illustrate why we need to have families that do not have ade­ Charlie Chaplin were going to get rich­ renew American civilization, send quate food. We have 14- and 15-year-old er on screen than they ever could have them to me because they are often use­ males who have 1, 2, and 3 children, gotten in vaudeville. ful in illustrating why we must change. none of whom they are responsible for. And imagine that we tried to say to If you can develop some good ideas We have a civilization which is decay­ them: that are attempts to apply these prin­ ing and on the verge of breaking down. Wait until 30 or 40 years later, fellows. The ciples to renewing American civiliza­ Every American has an obligation, I movie is going to become color, and it is tion, send me your ideas. believe, to come to the table and talk going to have voices and music, and you are We have to create a movement to about how we reestablish American going to be able to watch it sitting in an air­ renew American civilization. We have civilization so that every child of God plane, and that airplane is going to be bigger to do it at every level. We have to have who is an American can be changed for and longer than the entire flight at Kitty a vision of American renewed civiliza­ the better. I do not care if they are Hawk in 1903. tion. We have to have specific projects black, white, yellow, red, or brown, I You would say that literally a Boeing that are the building blocks of renewal, do not care if they are male or female, 747 is longer than the entire initial and we have to work every day I do not care what their circumstance flight by the Wright brothers, and that tactically at renewal. was yesterday; I care about the fact 450 Americans are going to sit in this Let me just close with this thought: that we can change them today so airplane and eat food which is prepared Every night on television we are re­ their circumstance tomorrow can be in a microwave. I would not even want minded of what is at stake for our­ better. to try to explain what a microwave selves and our children. We cannot rear I think there is no more heart-rend­ was. And we would say they are going our children and grandchildren in a ing requirement than that we focus on to fly from Atlanta to New York or world in which they can be shot going saving the inner city. We cannot renew from Atlanta to London, and it is going to school. We cannot give them a world America until we reclaim, rebuild, and to be so common that they are not in which their chances of becoming renew the inner city. even going to say it is a miracle; they pregnant, of dying of AIDS, of being 1114 CONGRESSIONAL RECORD-HOUSE January 25, 1993 trapped in poverty, of going to a school ments. Even after his appointment to the U.S. His passing represents the end of an era," that fails, of not being able to compete, Supreme Court, Marshall still maintained these McKinney said. "His memory is a mandate become overwhelming. We cannot leave beliefs. Though he worked with some of the for us to continue that work, because it is our children a country that is decaying most prestigious individuals of our time, he not the responsibility of an individual, but of us all." economically, decaying educationally, never forgot the plight of the impoverished, the Oscar Eason, 58, regional director for decaying on health care, decaying in struggling, and the suffering. Blacks in Government, said he felt dwarfed welfare, and decaying in its great It is appropriate that we remember Marshall by the presence of Marshall on the two occa­ cities. not only as the effective Supreme Court Jus- sions they met. And more is at stake than just Amer- tice I have just described, but also as an ad­ " Some of the cases he argued at the Su­ ica or just our children. In the last 20 vacate of school desegregation. It was Mar­ preme Court were monumental. Law stu­ years we have been the last best hope shall who, as counsel for the NAACP legal dents today study his cases as fundamental of mankind. We have gone from a tiny fund in 1954, took his life in his hands to to an understanding of civil rights law," Eason said. strip of 13 colonies on the eastern part argue that everyone, regardless of race, "Thurgood was one of the all-time greats,'' of the North American Continent to creed, or color deserved to be educated. He he said. " We 're going to miss him." the most powerful universal civiliza- also led the charge to eliminate white-only pri­ Eason said that when he begins to question tion in the history of the human race. mary elections and explicit discrimination in what he's doing after six to eight hours of All across the planet people want to be housing contracts. As a civil rights attorney community service on top of his regular job, more like Americans. All across the and Justice of the Supreme Court, Marshall "I think of the work and sacrifices of people planet people want human rights, with- became the principal architect of a strategy of like Thurgood Marshall and I know." out regard to sex, without regard to using the courts to provide the equality that [Guide to the U.S. Supreme Court, 2d ed. race, and without regard to religion, African-Americans were not otherwise af­ 1989] which is at the essence of being Amer- forded. ican. All across the planet people want Marshall is a uniquely special individual who BROWN V. BOARD OF EDUCATION the right to free elections, to free deserves to be honored by this body, and who Even as the Court announced its decisions in Sweatt and McLaurin, the five cases in speech, to productivity and prosperity, will continue to serve as a reminder of every­ which the Court would make the implicit ex­ which is the essence of being American. thing that we must all strive to become. plicit were taking shape. In each of the five If we fail, we are being warned every Mr. Speaker, I include the following articles cases, parents of black school children asked night by Bosnia, Azerbaijan, Armenia, for the RECORD: lower courts to order school boards to stop Iraq, Somalia, Haiti, and a host of MARSHALL MOURNED, REMEMBERED IN enforcing laws requiring or permitting seg­ other countries that the fabric of civ- WASHINGTON STATE regated schools. ilization which we have slowly helped (By Elizabeth Weise) THE CASES sew will come apart and that the 21st SEATTLE.- The likes of Thurgood Marshall The challenge that gave the landmark century will be a century of horror and may never sit on the Supreme Court again, school desegregation decision its name, brutality unimaginable to most of us. the local president of the National Associa- Brown v. Board of Education of Topeka, was I believe that every American citizen tion for the Advancement of Colored People brought in 1951 by Oliver Brown in behalf of has to confront the fact that it is not said. his daughter Linda. Under Kansas law per­ just their political leaders, it is not "He was a 'once in a lifetime,' " said Lacy mitting cities with populations over 15,000 to Steele, who also serves on the NAACP na­ operate dual school systems, Topeka had just their educational leaders, and it is tional board. "The nation has lost one of the opted to segregate its primary schools. As a not just their business leaders, but that premier Supreme court justices and an at­ result Linda Brown was forced to walk twen­ every American has an obligation, and torney who set history in the annals of law. ty blocks to an all-black grade school rather that obligation is to be committed to a There has been a great void left by his pass­ than attend an all-white school in her neigh­ renewal of American civilization, and . ing." borhood. Several other black families joined that, as I said earlier, in Franklin Roo- Marshall, who retired from the Supreme the challenge. sevelt's words, our generation has a Court 18 months ago because of his age and In 1951 a federal district court found Tope­ rendezvous with destiny and we have to poor health, died Sunday of heart failure at ka's segregation detrimental to black chil­ keep that rendezvous. Bethesda Naval Hospital outside Washing- dren but found no constitutional violation ton, D.C. He was 84. because the black and white primary schools Lyle Quasim Pierce County chairman of were substantially equal with respect to THURGOOD MARSHALL DIES the Ethnic Minority Advocacy Commission, buildings, curricula, transportation, and was among those on Sunday mourning the teachers. The SPEAKER pro tempore (Mr. passing of the high court's black justice. The case of Briggs v. Elliott was actually KOPETSKI). Under a previous order of Quasim said he didn't know what he would the first to reach the Supreme Court. Fed­ the House, the gentleman from Michi­ have achieved without Marshall's early lead­ eral proceedings began in 1950 when parents gan, Mr. CONYERS, is recognized for 15 ership in courtroom civil rights battles. of black elementary and secondary school­ minutes. "That's God's honest truth. I'm sitting aged children in Clarendon County, South here in Tacoma with a nice house and three Carolina, asked a federal district court to en­ Mr. CONYERS. Mr. Speaker, yesterday degrees and a good job, and were it not for join enforcement of state constitutional and Thurgood Marshall, retired member of the Su­ the work of people like Justice Marshall, statutory provisions requiring segregation in preme Court, passed away. It is my intention none of it would be possible," Quasim said. public schools. The court denied the request, to announce that there will be special orders "We have millions of Americans, African­ but found the black schools inferior to the in this body commemorating his life and American kids in particular, who don't know white and ordered the school board to equal­ works. In addition, I am pleased to announce what happened in the early civil rights ize them immediately. The court refused, that the Congressional Black Caucus is plan­ movement," he said. " We can take this as an however, to order the school board to admit ning a memorial tribute to him, for which de­ opportunity to re-educate about the tremen­ black children to the white school while the dous changes that time had upon our coun­ equalization took place. The children's par­ tails are forthcoming. try." ents then appealed to the Supreme Court, Thurgood Marshall was the first black Afri­ Marshall was " a national treasure," said which in 1952 returned the case to the lower can-American member of the U.S. Supreme Louise McKinney, 62, director of academic court to consider a report on the progress of Court. He was a historic figure who will always achievement for the Seattle School District. the equalization program. The lower court be remembered as an incredibly accomplished Even after Marshall argued the 1954 Brown found that the school board had either individual with varied interests. He was widely vs. Board of Education ruling that deseg­ achieved substantial equality in all areas or recognized as the most effective member of regated public schools, it was years before soon would, and it again upheld the separate the Supreme Court in this century. school districts began hiring black adminis­ but equal doctrine. The case then returned As the great-grandson of a slave and born trators, McKinney said. to the Supreme Court. "So there are many of us who may not re­ Davis v. County School Board of Prince Ed­ in Baltimore from working class parents, Mar­ alize it, but we have our jobs because of the ward County, Va. was almost identical to shall understood the importance of hard work. work Justice Marshall did," she said. Briggs. Parents of black high school students It was this source of inspiration that positively "In our hearts and minds, he represented sued to stop enforcement of the state's con­ influenced all his future decisions and achieve- everything that had to do with civil rights. stitutional provisions requiring separate January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1115 schools. While the district court found the addition to being the 1924 Democratic presi­ a thousand pities that by this controversy black high school to be inferior and ordered dential nominee, he had argued more cases there should be urged the return to an exper­ its equalization, it upheld the validity of the before the Supreme Court than any other iment which gives no more promise of suc­ segregation provisions. It also refused to lawyer of his era. cess today than when it was written into admit the black students to white high Marshall, then forty-five, would become in their Constitution during what I call the schools while the black schools were being 1967 the first black to sit on the Supreme tragic era. brought up to par with the white schools. Court. Davis, at age eighty, was making his " I am reminded- and I hope it won't be The fourth case, Gebhart v. Belton, involved final appearance before the Court, arguing in treated as a reflection on anybody- of the schools of New Castle County, Delaware. behalf of South Carolina in Briggs for the Aesop's fable of the dog and the meat. The As in the other cases, parents of black chil­ continuation of school segregation. dog, with a fine piece of meat in his mouth, dren sued to stop enforcement of the con­ It is one of the ironies of these cases that crossed a bridge and saw the shadow in the stitutional provisions mandating a dual in 1915 Davis as solicitor general had success­ stream and plunged for it and lost both sub­ school system, but unlike the other cases, fully persuaded the Court to strike down stance and shadow. the state court granted the request. Finding Oklahoma's " grandfather clause" that pro­ " Here is equal education, not promised, the black schools inferior on a number of hibited blacks from voting. In that case the not prophesied, but present. Shall it be points, the court ordered white schools to fledgling NAACP supported Davis's position thrown away on some fancied question of ra­ admit black children. The state supreme in its first friend-of-the-court brief. cial prestige?" court affirmed the decree, which the school Davis was first to present an answer to the Marshall's response to Davis the following board then appealed to the U.S. Supreme Court's three questions. He contended that day illustrated the difference between the Court. the Fourteenth Amendment was never in­ two men's styles and philosophies: The fifth case, although argued with the tended to bar segregation in the nation's " I got the feeling on hearing the discussion other four, was decided separately. Bolling v. public schools. In addition to an intensive yesterday that when you put a white child in Sharpe concerned public schools in the Dis­ examination of the legislative history sur­ a school with a whole lot of colored children, trict of Columbia. Because the Fourteenth rounding enactment of the amendment, the child would fall apart or something. Ev­ Amendment's guarantee of equal protection Davis also recited the names of the states erybody knows that is not true. of the laws applies only to states, parents of both north and south that instituted or con­ "Those same kids in Virginia and South black pupils based their challenge to school tinued to conduct segregated schools after Carolina- and I have seen them do it-they segregation in the District on the Fifth the amendment was ratified; several of these play in the streets together, they play on Amendment's guarantee of due process. A same states had voted to ratify. their farms together, they go down the road district court dismissed the suit, and the Su­ To the question whether the Court had the together, they separate to go to school, they preme Court granted review of the dismissal. authority on its own to overturn the sepa­ come out of school and play ball together. Together, the five cases brought to the rate but equal doctrine, Davis remined the They have to be separated in school. Court grade school pupils and high school Court that the doctrine had been upheld not "There is some magic to it. You can have students, mandatory segregation laws and only by the lower courts but by the Supreme them voting together, you can have them more permissive laws, the equal protection Court, and had therefore become part of the not restricted because of law in the houses clause of the Fourteenth Amendment and law of the land. " [S]omewhere, sometime to they live in. You can have them going to the the due process clause of the Fifth Amend­ every principle comes a moment of repose same state university and the same college, ment. Geographically, the five cases came when it has been so often announced, so con­ but if they go to elementary and high school, from two southern states, one border state, a fidently relied upon, so long continued, that the world will fall apart ... They can't take plains state, and the nation's capital. As on it passes the limits of judicial discretion and race out of this case. From the day this case commentator noted, the "wide geographical disturbance," he said. was filed until this moment, nobody has in range gave the anticipated decision a na­ Making clear what he thought of earlier any form or fashion . . . done anything to tional flavor and would blunt any claim that expert testimony concerning the detrimental distinguish this [segregation] statute from the South was being made a whipping boy." effects of segregation on black children, the Black Codes, which they must admit, be­ In all five cases the lower courts found Davis rhetorically asked what impact a cause nobody can dispute ... the Four­ that education offered black students was desegration order might have on a predomi­ teenth Amendment was intended to deprive substantially equal, or soon would be, to nantly black school district such as the states of power to enforce Black Codes or that given in the white schools. Thus the Clarendon County: anything else like it. question presented to the Court was whether " If it is done on the mathematical basis, ". . . [T]he only way that this Court can public school segregation per se was uncon­ with 30 children as a maximum * * * you decide this case in opposition to our posi­ stitutional. would have 27 Negro children and three tion, is that there must be some reason THE ARGUMENTS whites in one school room. Would that make which gives the state the right to make a The school cases were argued in December the children any happier? Would they learn classification that they can make in regard 1952. In June 1953 the Court requested reargu­ any more quickly? Would their lives be more to nothing else in regard to Negroes, and we ment, asking the attorneys to address them­ serene? submit the only way to arrive at this deci­ selves to three main questions. " Children of that age are not the most con­ sion is to find that for some reason Negroes What historical evidence was there that siderate animals in the world, as we all are inferior to all other human beings. . . . the Framers of the Fourteenth Amendment know. Would the terrible psychological dis­ "It can't be because of slavery in the past, intended it to apply to segregation in public aster being wrought, according to some .. . because there are very few groups in this schools? to the colored child be removed if he had country that haven't had slavery some place If the answer to the first question was in­ three white children sitting somewhere in back in the history of their groups. It can't conclusive, was it within the power of the the same school room? be color because there are Negroes as white Court to abolish segregation? "Would white children be prevented from as the drifted snow, with blue eyes, and they If school segregation was found unconsti­ getting a distorted idea of racial relations if are just as segregated as the colored man. tutional, what approach should the Court they sat with 27 Negro children? I have posed "The only thing [it] can be is an inherent take to end it? that question because it is the very one that determination that the people who were for­ The cases were reargued in December 1953. cannot be denied." merly in slavery, regardless of anything else, Two months earlier former California gov­ Davis also said he did not believe the shall be kept as near that stage as possible, ernor Earl Warren had become chief justice, courts had the power to tell the states how and now is the time we submit, that this replacing Vinson, who had died in Septem­ to desegregate their schools. " Your Honors Court should make it clear that that is not ber. Because Congress had already adjourned do not sit, and cannot sit as a glorified Board what our Constitution stands for." when he was named, Warren presided over of Education for the State of South Carolina THE DECISION the Court by virtue of a recess appointment or any other state. Neither can the District All nine justices-including Robert H. until his unanimous confirmation on March Court," he declared. Davis then concluded: Jackson, who had left a hospital bed-were 1, 1954. "Let me say this for the State of South present May 17, 1954, when Chief Justice Al though there were several lawyers on Carolina . ... It believes that its legislation Warren read the unanimous decision in both sides, the two leading adversaries were is not offensive to the Constitution of the Brown v. Board of Education. The opinion, Marshall, director of the NAACP Legal De­ United States. described by many as the most socially and fense and Educational Fund, which had been "It is confident of its good faith and inten­ ideologically significant decision in the instrumental in guiding the challenge to tion to produce equality for all of its chil­ Court's history, was just thirteen paragraphs school segregation through the courts, and dren of whatever race or color. It is con­ long. John W. Davis, U.S. representative, D-W.Va. vinced that the happiness, the progress and Warren quickly disposed of the Court's (1911- 1913), solicitor general (1913-1918), and the welfare of these children is best pro­ first question-whether the Framers of the ambassador to Great Britain (1918-1921). In moted in segregated schools, and it thinks it Fourteenth Amendment intended it to bar 1116 CONGRESSIONAL RECORD-HOUSE January 25, 1993 school segregation. The evidence was incon­ that constitutes an arbitrary deprivation of systematic and effective manner. But it clusive. their liberty in violation of the Due Process should go without saying that the vitality of The chief justice then turned to the "sepa­ Clause. these constitutional principles cannot be al­ rate but equal" doctrine. Unlike Sweatt, he "In view of our decision that the Constitu­ lowed to yield simply because of disagree­ said, children attending the segregated pub­ tion prohibits the states from maintaining ment with them. lic schools in these cases were-or soon racially segregated public schools, it would "While giving weight to these public and would be-receiving substantially equal be unthinkable that the same Constitution private considerations, the courts will re­ treatment so far as "tangible" factors were would impose a lesser duty on the Federal quire that the defendants make a prompt concerned. Therefore, said Warren, the Court Government.'' and reasonable start toward full compliance must look at the "effect of segregation itself In both the state cases and the District of with our May 17, 1954, ruling. Once such a on public education." That assessment could Columbia suit, the Court postponed its deci­ start has been made, the courts may find not be made by turning the clock back to sion on a remedy for the school segregation that additional time is necessary to carry 1868 when the amendment was adopted or to until after the parties presented their views out the ruling in an effective manner. The 1896 when the Plessy decision was written. on that question. burden rests upon the defendants to estab­ "We must consider public education in the ALL DELIBERATE SPEED lish that such time is necessary in the public interest and is consistent with good faith light of its full development and its present Among the issues the Court asked the par­ place in American life throughout the Na­ compliance at the earliest practicable date. ties to address in argument on appropriate To that end, the courts may consider prob­ tion," wrote Warren, "Only in this way can remedies were: it be determined if segregation in public lems related to administration, arising from Should "the Supreme Court formulate a de­ the physical condition of the school plant, schools deprives these plaintiffs of the equal tailed decree in each of the five cases, and if protection of the laws." the school transportation system, personnel, so, what specific issues should be addressed? revision of school districts and attendance The Court found that education was "per­ Should the Court appoint a special master haps the most important function" of state areas into compact units to achieve a system to take evidence and then make specific rec­ of determining admission to the public and local government, as evidenced by their ommendations to the Court on the contents compulsory attendance laws and consider­ schools on a nonracial basis, and revision of of the decrees? local laws and regulations which may be nec­ able expenditures. Education, wrote Warren, Should the Court remand the cases to the was the foundation of good citizenship and essary in solving the foregoing problems. lower courts to fashion the decrees, and if so, They will also consider the adequacy of any the basis for professional training and ad­ what directions and procedural guidelines justment to society. plans the defendants may propose to meet should the Supreme Court give the lower these problems and to effectuate a transition "In these days, it is doubtful that any courts? to a racially nondiscriminatory school sys­ child may reasonably be expected to succeed Should black pupils be admitted to schools tem. During this period of transition, the in life if he is denied the opportunity of an of their choice "forthwith" or might desegre­ courts will retain jurisdiction of these education," said Warren, adding that where gation be brought about gradually? cases." the state had undertaken to make education In addition to hearing from the parties in­ Desegregation of public schools, Warren available it must be available to all on equal volved in the five cases, the Court invited concluded, was to proceed "with all delib­ terms. the Eisenhower administration and all the erate speed." The question is then, said Warren, "Does states that required or permitted segregated REACTION AND RESISTANCE segregation of children in public schools public schools to submit their answers to solely on the basis of race, even though the these questions. The administration, Flor­ Reaction to the two Brown decisions was immediate. physical facilities and other 'tangible' fac­ ida, North Carolina, Arkansas. Oklahoma, At one extreme were those committed to tors may be equal, deprive the children of Maryland, and Texas accepted the invitation segregation as a way of life. They castigated the minority group of equal educational op­ and participated in the oral argument in the Court, called the decisions a usurpation portunities?" April 1955. Several other states declined the of state prerogatives, and urged defiance. The Court's answer. "We believe that it invitation. The height of the rhetoric opposing the does." On May 31, 1955, Chief Justice Warren an­ Brown decisions may have been the March Observing that intangible factors were con­ nounced the Court's final decision in an 1956 "Declaration of Constitutional Prin­ sidered in fi nding the treatment accorded opinion commonly known as Brown II, to ciples," a tract signed by 101 of 128 members Sweatt and McLaurin unequal, Warren said: distinguish it from the 1954 decision. Warren of Congress from eleven southern and border " Such considerations apply with added first noted that the District of Columbia and states. The signers called the Brown deci­ force to children in grade and high schools. the school districts in Kansas and Delaware sions "a clear abuse of judicial power," and To separate them from others of similar age had made substantial progress toward deseg­ commended those states that intended a "re­ and qualifications solely because of their regation in .the year since the first Brown de­ sist enforced integration by any means." race generates a feeling of inferiority as to cision was handed down but that Virginia At the other end of the spectrum were their status in the community that may af­ and South Carolina were awaiting the those who hailed the demise of the " separate fect their hearts and minds in a way unlikely Court's final decision before acting. He then but equal" doctrine as long overdue but felt ever to be undone." moved to the heart of the matter: that the Court seriously erred in Brown II by This belief "was amply supported by mod­ "Full implementation of these constitu­ not ordering immediate desegregation. Many ern authority," Warren asserted, citing in a tional principles may require solution of var­ found themselves somewhere in the middle, famous footnote, seven sociological studies ied local school problems. School authorities unhappy with the command to desegregate on the detrimental effects of enforced racial have the primary responsibility for elucidat­ but unwilling to defy it. segregation. ing, assessing, and solving these problems; Massive resistance-a phrase coined by Warren then stated: courts will have to consider whether the ac­ Virginia senator Harry F. Byrd, D (193:>- "We conclude that in the field of public tion of school authorities constitutes good 1965)-did not begin in earnest until late 1955 education the doctrine of 'separate but faith implementation of the governing con­ and early 1956. equal' has no place. Separate educational fa­ stitutional principles. Because of their prox­ Relieved that the Court had not ordered cilities are inherently unequal. Therefore, imity to local conditions and the possible immediate desegregation, many southern we hold that the plaintiffs and others simi­ need for further hearings, the courts which leaders opposed to desegregation apparently larly situated for whom the actions have originally heard these cases can best perform presumed that lower courts would ignore or been brought are, by reason of the segrega­ this judicial appraisal. Accordingly, we be­ otherwise delay implementation of the tion complained of, deprived of the equal lieve it appropriate to remand the cases to Brown decisions. By January 1956, however, protection of the laws guaranteed by the those courts. nineteen lower courts had used the Brown Fourteenth Amendment." "In fashioning and effectuating the de­ precedents to invalidate school segregation In the District of Columbia case, consid­ crees, the courts will be guided by equitable and, as historian C. Vann Woodward charac­ ered separately from the other four because principles.... At stake is the personal in­ terized it, "(s]omething very much like it involved a question of due process under terest of the plaintiffs in admission to public panic seized many parts of the South . . . a the Fifth Amendment, Warren wrote: schools as soon as practicable on a non­ panic bred of insecurity and fear." White " Liberty under law extends to the full discriminatory basis. To effectuate this in­ citizens councils, created to preserve seg­ range of conduct which the individual is free terest may call for elimination of a variety regation, spread throughout the South. The to pursue, and it cannot be restricted except of obstacles in making the transition to NAACP was barred from operating in some for a proper governmental objective. Seg­ school systems operated in accordance with states. And many state and local officials r egation in public education is not reason­ the constitutional principl es set forth in our sought ways to delay desegregation in the ably related to any proper governmental ob­ May 17, 1954, decision. Courts of equity may schools. jective, and thus it imposes on Negro chil­ properly take into account the public inter­ Official resistance took three main paths, dren of the District of Columbia a burden est in the elimination of such obstacles in a Several states enacted " interposition" stat - January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1117 utes declaring the Brown decisions of no ef­ moved by police when a mob outside grew During the early part of the 19th century, fect. Mississippi and Louisiana also passed unruly. Two days later, President Dwight D. despite the great drive of abolitionists and laws claiming that the decisions did not af­ Eisenhower sent federal troops to protect the others, there was always the recognition of fect the states' execution of their police pow­ blacks as they entered and left the school. the so-called inferiority of the Negro-even ers and then requiring school segregation in Federal troops remained there until Novem­ the free Negro. There were instances of re­ order to promote public heal th and morals ber 27, when they were replaced by federal­ fusal of admission of Negroes to abolitionist and preserve the public peace. ized national guardsmen who remained for meetings. Several states also adopted superficially the duration of the school year. All of this was brought about by the propa­ neutral laws that resulted in separation of In the face of both official and public hos­ ganda of many southerners, especially the pupils by race. Among these types of stat­ tility to its desegregation plan, the school southern professors. These men, for the sole utes were laws that assigned pupils to spe­ board in February 1958 asked the district purpose of continuing slavery, managed to cific schools and classes on the basis of their court for permission to withdraw the black convince others that scientific studies actu­ scholastic aptitude and achievement. Since students from Central High and to postpone ally proved the inferiority of Negroes, and it black children had rarely received adequate any further desegregation for two and a half had its effect. educations, they were thus easily isolated. years. Finding the situation at Central intol­ After the Civil War, Congress made its first Another tactic was to allow pupils to at­ erable, the court agreed to the request. An efforts toward removing state imposed racial tend any public school (of the correct grade appeals court reversed the decision, and the discrimination by passing the proposed Four­ level) they chose. Few blacks had the cour­ school board appealed to the Supreme Court teenth and Fifteenth Amendments and the age to attend hostile white schools, and even Civil Rights Acts. The obvious purpose was fewer whites chose to attend black schools. [From the CONGRESSIONAL RECORD, Aug. 30, to make Negroes equal citizens entitled to Some states barred public funds to any 1967) federal protection of their civil rights. The school district that integrated; others per­ EXHIBIT 1 supreme effort in the Civil War, the rough mitted public schools to close rather than to HUMAN RIGHT&--CIVIL RIGHTS: FROM THEORY struggle to get the bills through Congress accept black children. TO PRACTICE and the urgency of expanding our country to In some instances, compulsory attendance (Remarks by Hon. Thurgood Marshall, Solic­ the West Coast exhausted the liberals and laws were repealed and in still other cases itor General of the United States before the struggle for protection of the Negroes states and localities allocated public funds the Law Day Luncheon, University of was abandoned after the Reconstruction Era. to private segregated schools. Many states Miami, Miami, Fla., April 27, 1966) The executive branch of government never employed more than one of these methods to had any intention of moving in. Finally, the perpetuate segregation in the public schools. The President of the American Bar Asso­ ciation set the theme for Law Day-1966 as Supreme Court with its decisions in the Civil BROWN AS PRECEDENT follows: Rights Cases (1883) and Plessy v. Ferguson Adverse reaction to the desegregation deci­ "Our nation will celebrate in 1966 two no­ (1896) were interpreted as final abandonment sion did not deter the Court from applying it table milestones in the life of our republic. of efforts of the federal government to pro­ to other areas of life. In 1955 the Court or­ One is the 175th anniversary of the Bill of tect the civil rights of Negroes. The states dered the University of Alabama to admit Rights. The other is the 190th anniversary of resumed much of their pre-war practices of two blacks to its undergraduate program. In the independence of the United States. deliberate racial discrimination. Now we had March 1956 the Court in a per curiam opinion "It is appropriate that on May 1 we also the two worlds within the one world of citi­ declared in Florida ex rel. Hawkins v. Board will be celebrating Law Day USA with the zenship. This was true-whether by law in of Control that it would not permit insti­ theme: 'Respect the Law-It Respects You'." the South or by practice in the North. Or, to tutes of higher education to delay desegrega­ put it another way, whether by action of the * * * * * tion. Beginning with the 1954 case of Muir v. In discussing this theme I shall dwell on states or inaction by the federal government, Louisville Park Theatrical Assn., the Court, what I consider to be paramount: "Human they both recognized two classes of citizens in brief orders that cited Brown as author­ Rights-Civil Rights" and more particular divided by color- two worlds within one. ity, struck down the separate but equal doc­ "From Theory to Practice." And, so it was until the 1930's. trine as it applied to state-imposed segrega­ Save for Viet Nam and the drive for peace Neither the Executive nor the Legislative tion of.public places, such as parks, and vehi­ throughou.t the world, public opinion-pro­ branches of the Federal Government could be cles of interstate transportation. fessional and lay-is focused on the so-called persuaded to move. However, the federal RESISTANCE REBUKED Negro revolution in the United States and courts found a way to fill the vacuum. In 1958 the Court first addressed the prob­ the War on Poverty. Indeed, all three are Through its power of invalidation of state lem of massive resistance. The occasion was part of the same cloth. Our world leadership law, the Supreme Court has wrought fun­ the case of Cooper v. Aaron, in which Arkan­ and the struggle for peace is evaluated and damental changes in the structure of our so­ sas officials openly defied the Court's order re-evaluated by democracy as it is practiced ciety. My point can best be made through ex­ to abandon segregation. at home. We can never explain away our mis­ ample, and I chose the example of Brown v. Less than a week after the Supreme Court treatment of minorities. Whether because of Board of Education. So much has happened in struck down the separate but equal doctrine, race or lack of financial affluence. the decade since the decision, and people's the Little Rock school board announced its Recent demonstrations ranging from the expectations have risen, quite justifiably, at intention to develop a desegregation plan for peaceful Selma march to the violent riots in such an accelerated pace, that we often lost the city schools. One year later- a week be­ Los Angeles, California, are dramatic enough prospective. Yet just twenty-five years ago fore the Court announced its decision in to cause all to pause and seek out the causes most Negroes lives were constricted by a Brown II-the school board approved a plan and inevitable solution. Then, too, our whole series of state-imposed and state-fos­ that called for gradual desegregation begin­ present judicial processes including the tered laws and regulations designed to fore­ ning with Central High School in the fall of present method of jury trials in the South­ close them from participating in the politi­ 1957. Meanwhile, the state adopted a con­ indeed our entire judicial system needs more cal process and to prevent them from attain­ stitutional amendment commanding the leg­ careful study. Whichever way you look at it, ing any sort of social or economic equality. islature to oppose the Brown decisions. In re­ we must seek the removal of all barriers in In the last decade, however, there has been a sponse. the state legislature enacted a law American life which are based on minority massive assault on this citadel, and today we permitting children in racially mixed status whether racial or financial, or both. find the legislature, the executive and the schools to ignore compulsory attendance Since the oldest and most consistent exam­ general populace joining, and to some extent laws. ple of mistreatment of minorities has fo­ directing the assault. On September 2, 1957, Governor Orval cused upon Negroes, a fair understanding of What crumbled was not merely a network Faubus sent units of the Arkansas National our present problem requires a glimpse into of legal rules; it was a whole social system Guard to Central High to prevent nine black the past. Being a constitutional democracy bent on keeping the Negroes in a position of students scheduled to attend the school from we first look to our basic statutory struc­ inferiority, a social system which relied on entering. Obeying a federal district court ture. Beginning with the Declaration of Inde­ and was inspired by the Jim Crow laws. Seg­ order, the school board proceeded with its in­ pendence we remember that Jefferson sought regation was constitutionally condemned, tegration plan and on September 4 the nine to have slavery condemned in the Declara­ and it was thus stripped of all moral predi­ students tried to enter the school, only to tion of Independence. He was unsuccessful. cates. For Americans view the constitution find their way blocked by guardsmen stand­ Secondly, the constitution of our govern­ as a set of moral commands, guides to civ­ ing shoulder to shoulder, along with a mob of ment expressly recognized savory and gave ilized communal living, not just technical hostile onlookers. This situation prevailed legal support to it. and specialized guides to good government. until September 20, when Faubus decided to It should also be borne in mind that by In this struggle for racial equality the Su­ obey a court order and withdraw the troops. that time the status of Negro Americans was preme Court served, at least in 1954, as a On September 23, the black students en­ being crystallized. In fact, two worlds were voice not of contemporary opinion but of tered the high school but were quickly re- being set up within the same democracy. communal conscience, or in Chief Justice 1118 CONGRESSIONAL RECORD-HOUSE January 25, 1993 Hughes' earlier characterization, as "teach­ place in our society. Guaranteeing the right initiated by institutions closer to the citi­ ers to the citizenry." to counsel and protecting the personal rights zenry. such as local courts and local legisla­ The contrast between this use of the power of the Fourth and Fifth Amendments tures; and many of these institutions may be of invalidation and that which confronted through the imposition of exclusionary rules able to implement these reforms in a manner the early welfare and New Deal legislation have been among the more significant that is more flexible than that usually exer­ has often been drawn; but the essential dis­ changes. There is little point to turning this cised by the judiciary. To be sure, this is not tinction can also be expressed in terms of the address into a refresher course by summariz­ only an invitation to the local courts and concept of social change. In the first half of ing these developments; but I would like to local legislatures-it is also addressed to all the twentieth century the power of invalida­ analyze them on a more institutional level. members of the bar and the public at large. tion was too often used to frustrate recently We often lose sight of the fact that courts Through their professional associations law­ enacted legislation designed to effect a have traditionally engaged in this type of re­ yers can initiate and press for this reform, wholesale change in the social order; yet form. The quality of the judicial process has and each lawyer engaged in a criminal trial, Brown v. Board of Education, and its progeny, always been the special province and special whether as prosecutor or defense counsel, initiated and required social change. History responsibility of the courts. Even where possesses a special responsibility and has judged the first use of this power of in­ other institutions, such as the legislature, power-the power of self control-to insure validation to be misconceived, while it will have participated in this reform, it has usu­ that the trial conforms to our highest tradi­ surely vindicate the latter. The difference is ally been as a response to judicial tions of fairness and justice. Public opinion not hard to explain. The Supreme Court's promptings. For example, those protesting should insist on this. leadership in the struggle for racial equality against the imposition of the new exclusion­ The Supreme Court's involvement in the stems from two profound insights: first, the ary rules often overlook the hearsay rule, a process of social change, through protecting status quo had fallen short of a central con­ massive judge-created exclusionary rule de­ the right to criticize the status quo, invali­ stitutional ideal, the egalitarian ideal, and signed to protect less worthy interest than dating laws and institutions, such as racial secondly, all other societal institutions, es­ constitutional rights. Of course, there is a segregation, which fall short of central con­ pecially the more representative institu­ vital distinction. Traditionally the judicial stitutional ideals, and reforming the crimi­ tions, refused to assume a major responsibil­ reform of the judicial process has been initi­ nal process provides part of the explanation ity in working toward the realization of this ated and effectuated by the courts whose why the Court has found itself in the center ideal. With the welfare legislation, on the process was being challenged; here the re­ of an intense controversy. Some of the criti­ other hand, these justifications did not exist: form has emanated from the federal courts, cism flows from those whose material self­ no central constitutional ideal was threat­ which some would like to view as the courts ishness and self-satisfaction lead them to re­ ened, and there was no default on the part of of another, through supervening, jurisdic­ sist any change in the status quo with fury. the other societal institutions. tion. They are not my concern here. There are This contrast reveals two conditions that There is one unique facet to this reform. others, however, whose criticism of recent justify transforming the power of invalida­ The constitutional principle upon which Supreme Court doctrine stems from a more tion, spawned in a more modest context, into these decisions are based, the principle that intellectual level. They are my concern. I am an active instrument of social change-an es­ no individual shall be deprived of his life or not referring to those who merely feel that tablished social pattern that threatens a liberty without due process of law, is an evo­ the issue was a "close" one, that they would central constitutional ideal and a default by lutionary principle-its contours change have decided the issue differently than the other societal institutions. The point to be with the gradual evolution of our communal majority of the Supreme Court had. That made, however, is not purely an academic values. The process that is due in the next kind of disagreement is the life-blood of the one. It suggests to me that the curtain has generation is not necessarily the one af­ law; the vigor of such disagreement is an oc­ not, and should not come down, on the Su­ forded in this. This fact gives judges more casion to rejoice rather than despair. Instead preme Court's active engagement in the freedom of decision than is usually per­ my concern is with the intellectual or pro­ process of social change, of requiring that mitted under the doctrine of stare decisis, fessional criticism that reflects a profound our social living conform to our social but on the other hand, it can confront judges element of misunderstanding. It reflects a ideals. Recent voting legislation might less­ with a delicate and torturous problem, one refusal to accept a new concept of law, to en the burden on the courts in the struggle that confronted me on more than one occa­ shake free of the nineteenth century moor­ for racial equality, and other federal legisla­ sion during my judicial career-how can you ings and to view law, not as a set of abstract tion might provide much of the long overdue gauge this evolution, how can one be sure and socially-unrelated commands of the sov­ reform. Yet on the constitutional horizon that he is remaining sensitive to this evo­ ereign, but as effective instruments of social there looms the problems of the large metro­ lution without overstepping it? This fact policy. In recent decades the Supreme Court politan ghettos, both a product and a cause also means that under the Due Process has transformed the law into an effective in­ of the fears and prejudices of our generation, Clause there is infinite possibility of reform. strument of social policy, and the example and the massive injustices inflicted on the The courts cannot rest in their vigilance, par excellence is its involvement in the proc­ poor; the "other America" is still with us. they can never be sure that its engagement ess of social change. The resistance to this The hope is not that the Supreme Court will of reforming the criminal process has been transformation is the basis for much criti­ singly take up the burden of eliminating completed. Even though, as a national propo­ cism and much misunderstanding. It seems these injustices through requiring further re­ sition, we have moved a long way from those to me more important to recognize this form, but that the other social and political initial outrages perceived in Brown v. Mis­ transformation, than to debate its propriety. institutions will make it a joint enterprise, sissippi and Powell v. Alabama, gross imper­ In recent years we have witnessed great if not their special responsibility. fections still remain, if the standard of judg­ strides toward bringing our every-day prac­ The object was to insure that basic human ment is contemporary communal values. tices into line with our theories of Human values were not violated by state law en­ Pre-arraignment procedures in the station Rights and Civil Rights. Under the leader­ forcement officials in the course of, or in the house; bail; pretrial publicity; the right to a ship of the late President Kennedy and Presi­ name of, administering state criminal-law. If speedy trial; pretrial discovery; the admis­ dent Johnson the Executive and Legislative the ordinary citizen came in contact with sion of evidence dealing with the accused's branches of our government have assumed law enforcers they were usually representing prior criminal record; the right to counsel in their leadership in this struggle. The 1964 the non-federal levels of government. While, specialized proceedings, such as collateral Civil Rights Bill and last year's Voting hopefully, only a minority of the population attacks, commitment proceedings, and rev­ Rights Bill are setting the framework for would come in contact with law enforcers, ocation-of-parole proceedings. These are just guaranteeing the protection of basic civil this enterprise could hardly be considered some of the areas that will come under par­ rights for all Americans. specialized; as a logical proposition all the ticular scrutiny in the years to come, and The War on Poverty and the several meas­ citizenry was susceptible to the abuses, for it the areas in which radical reform will take ures to provide adequate counsel to indigent was impossible to insure against being in­ place. defendants go a long way toward removing cluded in the minority, and the enforcement This is not just a prediction, it is an invi­ the bars of poverty. of the criminal laws is one of the most direct tation to all to join in this task of reform. The gap between theory and practice is or immediate confrontations between the in­ The Supreme Court's extraordinary posture being shortened but there is much to do. dividual citizen and the state. of leadership in reforming the criminal proc­ Much for all of us to do. Once a year we stop The Supreme Court's involvement in re­ ess can in part be attributed to a serious de­ to evaluate our legal framework on Law forming our criminal processes began thirty fault by other institutions, and it seems to Day. Too often we consider that sufficient to years ago, and it has continued down to the me that the time has come when the burden hold us for another year. We return to the present, with ever greater intensity. The must be shared. Sharing the burden will add old rut of "business as usual." Regardless of brush strokes have been getting broader and to the resources that can be used in this en­ how much our government does or will do in broader, and the result has been. in my opin­ terprise; it will tend to gain a more popular the future, we will not close the gap until ion, to remove anachronisms which have no backing for the reform when the reform is each of us makes Law Day for every day in January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1119 the year and each takes this as his individ­ Vernon Jordan, a civil rights leader who and perseverance, but also for his humor, hu­ ual personal responsibility. headed Clinton's transition team, called mility and zest for life. Marshall a friend and a mentor. He said he "He was a warm, engaging, incredibly JESSE JACKSON: MARSHALL "ONE OF THE was a youngster when he first heard Mar­ funny person," recalled David Wilkins, a law GREAT LEGAL, MORAL MINDS" shall speak in Atlanta. professor at Harvard who was a clerk to Mar­ (By David Beard) "It was a memorable, awesome experi­ shall in the early 1980s. "He had a profound insight about life * * * He knew his place in MIAMI.-The Rev. Jesse Jackson said ence," Jordan said on the CBS program. "It was at that point that I said I wanted to be history but he never let that get in the Thurgood Marshall protected all blacks and way." led a historic process that guaranteed minor­ a lawyer like Thurgood Marshall." "He changed the law. in our country * * * Wilkins remembered Marshall often regal­ ity rights and enabled two Southerners such ing listeners with stories about his experi­ as Bill Clinton and Al Gore to come to in a very fundamental way," the Rev. Jesse Jackson said this morning on ABC's " Good ences as a young civil rights lawyer, being power. chased out of towns in Mississippi and Ala­ Interviewed by The Associated Press at Morning America." Marshall, the first black on the Supreme bama. Miami International Airport upon his return "He could tell a story that would have ev­ from a weekend trip to Haiti, Jackson said Court, retired in 1991 because of ill health after 24 years on the court, but some schol­ erybody in stitches. Yet when you walked he was stunned upon receiving the news of away you would realize that he had made a Marshall's death from heart failure Sunday. ars and friends suggested he may be best re­ membered as the lawyer who argued the his­ profound point of life and how it ought to be "I knew he had been sick, but I was lived," recalled Wilkins. shocked to hear of his passing and numbed toric 1954 school delegation case and won. "He was courageous," remembered Enolia by the thought. * * * For most of us who "He was the greatest lawyer in the 20th McMillan, 88, who worked with Marshall in grew up under segregation, we have never century," said Laurence Tribe, a constitu­ the early days of the civil rights movement. known a day without Thurgood Marshall tional scholar and professor at Harvard Law Bandleader Cab Calloway went to high hovering over us to protect us." Jackson School. "He was to the law what Mahatma school with Marshall in Baltimore and knew said. Gandhi and Martin Luther King were to so­ him for some 65 years. "He was a great man, He lauded in particular Marshall's work as cial issues." there's no question about that," said general counsel for the National Association Retired Chief Justice Warren Burger, who Calloway. "He sacrificed himself for every­ for the Advancement of Colored People in shared the bench with Marshall for 17 years, body and everything." the 1954 Brown vs. The Board of Education spoke of "his great career as an advocate, Supreme Court case that called for the dese­ when he literally took his life in his hands to [From Mother Jones, November-December cration of schools. try civil rights cases in the South." 1991] Jackson said legal history can be defined All of the current justices praised Marshall THURGOOD AND ME as before and after Marshall's contributions and singled him out for his leadership in (By Roger Wilkins) to the court. using the law to gain equal rights for all Americans, including blacks. Fifty· years ago, when I was nine, my fa­ "Thurgood Marshall is one of the great ther died, my mother moved us to New York, legal, moral minds America has ever pro­ "All of us who served with him were the better for his counsel and his friendship," and I met Thurgood Marshall. He lived down duced by his commitment and arguments for the street on Edgecombe Avenue, the main equal protection under the law. He led a said Chief Justice William H. Rehnquist, a conservative who often voted opposite from artery of Sugar Hill. He was among a number legal movement to establish the character of of famous blacks who lived in the neighbor­ America to prove its highest purpose. the liberal Marshall in court decisions. Justice Sandra Day O'Connor called Mar­ hood: Kenneth Clark, Joe Louis, Duke "He led the drive to pull down the walls Ellington, Paul Robeson. They all knew my that separate American from American by shall "a true American hero * * * (who) left behind a legacy of hope for racial equality." uncle Roy Wilkins, who was an NAACP exec­ law. The '54 Supreme Court decision paved utive, my newly widowed mother, and her the way for Martin Luther King Jr., it paved And Justice Clarence Thomas, a black who succeeded Marshall on the bench, called him little boy. the way for a unified integrated military, it Years later, I worked for Marshall briefly paved the way for America's reputation as "a great lawyer, a great jurist and a great man. The country is the better for his having at the NAACP Legal Defense Fund. We were leader of the free world. colleagues in the Department of Justice dur­ And finally, Jackson said " it paved the lived." ing the Johnson presidency; we were neigh­ way for two Southerners Clinton and Gore to Retired Justice William J. Brennan, a fel­ low liberal and for years Marshall's closet bors again in our government years and have run and to win. remained good friends. Jackson spoke before boarding a flight to friend on the court, said his "commitment to You don't have to know Marshall well to New York, where he would meet with black making the Constitution a vehicle to protect know he is a brave and brilliant and funny business and Haitian refugee leaders on Mon­ the equal rights of all has no match in Amer­ and compassionate and doggedly idealist day. ican history." man. More than any of the millions of other Over the weekend in Port-au-Prince, Jack­ "I shall miss him terribly," Brennan African Americans who have participated in son spoke with Haiti's army chief Lt. Gen. added. contemporary civil-rights struggles, he em­ Raoul Cedras; Marc Bazin, who heads the Sen. Edward Kennedy, D-Mass., called him bodies the essence of our advances in the military-backed government, and supporters "a living embodiment of our nation's highest twentieth century. And in his formidable of ousted Jean-Bertrand Aristide to turn up ideals" and said that Marshall "inspired the person, he carries much that is best in the the pressure on restoring democracy. country to embrace the great principle of spirits of our people. Jackson said he was preparing a report for equal justice for every citizen." Marshall came from a segregated culture. Secretary of State Warren Christopher on "His work and his vision changed Amer­ He waited on white people before he had a the visit and would speak with UN Sec­ ica," said Vice President Al Gore, adding law degree, when black waiters were called retary-General Boutros Boutros-Ghali. that Marshall "moved us forward to a new "George" and " boy." He not only remembers understanding and a new commitment to what all of that felt like, he has nurtured the civil rights and equal opportunity." NATION PAYS HONOR TO MARSHALL "down-home" parts of his personality that Praise poured in from leaders of the civil (By H. Josef Hebert) come from that time. I have seen many as­ movement. pects of that personality in the years since WASHINGTON .-Colleagues, politicians and " For most of us who grew up under seg­ we first met. scholars today mourned the death of regation, we have never known a day with­ Once, when we were both in the Justice De­ Thurgood Marshall, the retired Supreme out Thurgood Marshall hovering over us to partment in the sixties, I ask his advice on Court justice many said embodied the strug­ protect us," said Jackson. He lauded Mar­ a risky policy proposal. "If you do that, gle for civil rights. shall's leadership as general counsel of the Johnson's gonna kick you black butt from President Clinton said he was " deeply sad­ National Association for the Advancement of here to the Perdenales," Solicitor General dened" by Marshall's death from heart dis­ Colored People in the 1950s, including his Marshall opined. There was no need clari­ ease Sunday, calling the 84-year-old jurist "a successful challenge to school desegregation. fication of that recommendation. giant in the quest for human rights and Benjamin Hooks, the NAACP's executive Many years earlier, when he was still di­ equal opportunity." director, said Marshall "changed the face of rector-counsel of the NAACP Legal Defense "Thurgood Marshall will be remembered as America for all time" in his successes as a Fund and I was a law student intern, Mar­ a leader, as a fighter, as a shepherd. This civil rights lawyer and later as a justice. shall, to my embarrassment, read my first man was there when we needed someone to "The nation has lost an invaluable and ir­ memo in the crowded office library and an­ fight for civil rights," Rep. John Lewis, D­ replaceable asset, one we will not see again nounced to the staff, "This boy ain't as stu­ Ga., said today on "CBS This Morning." He in our lifetime," said Hooks. pid as he looks." was a wonderful man, he inspired people, he Past colleagues and friends remembered Earthy humor and rough kidding haven't stood tall and he spoke in a strong voice." Marshall not only for his intellect, courage been Marshall's only tools. He also has guts. 69-059 0-97 Vol. 139 (Pt. I) 36 1120 CONGRESSIONAL RECORD-HOUSE January 25, 1993 He went South in the thirties with my late scattered all over the floor and research the not the responsibility of an individual, but of uncle Roy to investigate conditions under problem while he stalled for time using his us all." which sharecroppers Ii ved. They barely es­ wit, wisdom, and humor. It took more than Oscar Eason, 58, regional director for caped from a bunch of Mississippi yahoos, three hours of his talking and my research­ Blacks in Government, said he felt dwarfed who had figured out what they were up to. ing, but he inhaled the law I found, made the by the presence of Marshall on the two occa­ And Marshall would go anywhere in the dan­ points superbly, and perfected the appeal. sions theY. met. gerous South to try cases for the humblest Then, around midnight, we went in and had " Some of the cases he argued at the Su­ black people in America. dinner with our wives. preme Court were monumental. Law stu­ Harry Briggs was such a man. He lived in As this century ends, we blacks are still a dents today study his cases as fundamental a mean place, Clarendon County, South long way from home in many senses of the to an understanding of civil rights law," Carolina, in a mean time, late forties and phrase. But the twentieth-century battle in Eason said. early fifties. Harry Briggs was a gas-station the context of a multicentury struggle to re­ "Thurgood was one of the all-time greats," attendant, the son of a sharecropper. Briggs gain the full range of our humanity required he said,. "We're going to miss him." wanted his children to have a better edu­ that we be protected by a framework of legal Eason said that when he begins to question cation than was provided in the segregated rights in the country that we did so much to what he's doing after six to eight hours of schools, and was brave enough to sue the build. The task was to secure a legal beach­ community service on top of his regular job, whites who were in charge in order to change head from which to press forward on politi­ "I think of the work and sacrifices of people things. Marshall went to South Carolina to cal, social, cultural, economic, and intellec­ like Thurgood Marshall and I know." handle the case, and Briggs became a plain­ tual fronts. Though we are under fierce coun­ tiff in one of the cases that the Supreme terattack, the new battles are being pressed [From the Washington Post, Jan. 25, 1993) Court would decide in 1954, Brown v. Board of by people who have rights, self-confidence, THURGOOD MARSHALL, RETIRED JUSTICE, DIES Education. and places in society that would have been (By Joan Biskupic) It is on that set of cases, led and orches­ hard to imagine when the century began. Retired Supreme Court Justice Thurgood trated by Marshall, that I rest my claim that It is surely hard to imagine our controlling Marshall, a relentless voice for minorities he is the embodiment of our twentieth-cen­ the ground we now have if Thurgood Mar­ whose six-decade legal career was emblem­ tury advances. Compare Brown with the Su­ shall had not fought his battles so bravely atic of the civil rights revolution, died yes­ preme Court decision in Dred Scott v. and so well. terday of heart failure. Sandford, decided ninety-seven years earlier. He was 84 years old and had been retired In Dred Scott, the distinguished chief justice, MARSHALL MOURNED, REMEMBERED IN since June 1991. Marshall had been in failing Roger Taney, made a careful examination of WASHINGTON STATE health in recent months. He died at the Na­ the original intent of the country's founders. (By Elizabeth Weise) tional Naval Medical Center in Bethesda, He observed that at the time of the creation SEATTLE.-The likes of Thurgood Marshall where he had been since Thursday. He had of the nation, blacks were rarely spoken of may never sit on the Supreme Court again, planned to administer the oath of office to except as property and that it would have the local president of the National Associa­ Vice President Gore last Wednesday, but been utterly hypocritical of the founders to tion for the Advancement of Colored People could not because of his condition. have included blacks in the meaning of their said. Marshall, who was born in Baltimore the declaration that "all men are created "He was a 'once in a lifetime,'" said Lacy son of an elementary school teacher and equal.·· He concluded that blacks had no Steele, who also serves on the NAACP na­ yacht-club steward, went on to become one rights that " white men were bound to re­ tional board. "The nation has lost one of the of the most important figures in civil rights spect"' and that blacks were not citizens. premier Supreme Court justices and an at­ history, first as a lawyer for the National As­ In Brown , another distinguished chief jus­ torney who set history in the annals of law. sociation for the Advancement of Colored tice, Earl Warren, in a decision based on the There has been a great void left by his pass­ People (NAACP) and then as the first black rights of black citizens under the Fourteenth ing." Supreme Court justice. He was known for Amendment, took a decisive step in Marshall, who retired from the Supreme both his sense of humor and his impatience banishing legalized segregation from our na­ Court 18 months ago because of his age and over the ongoing struggle of blacks in Amer­ tional life. poor health, died Sunday of heart failure at ica. In the turbulent century between the two Bethesda Naval Hospital outside Washing­ "He was somebody who had absolutely no decisions, the Civil War was fought and ton, D.C. He was 84. sense of his own importance," said Louis Mi­ blacks helped free themselves from slavery Lyle Quasim, Pierce County chairman of chael Seidman, a former Marshall clerk who only to see the bright promises of the post­ the Ethnic Minority Advocacy Commission, is now a Georgetown University constitu­ Civil War constitutional amendments ren­ was among those on Sunday mourning the tional law professor. "He held an unusual dered virtual dead letters by a vengeful passing of the high court's first black jus­ combination of reverence for the American South and a greedy and uncaring North. At tice. Quasim said he didn't know what he justice system and a realization that his peo­ the beginning of the twentieth century, would have achieved without Marshall's ple were excluded." blacks were, at best, semicitizens who were early leadership in courtroom civil rights In 1967, President Lyndon B. Johnson ap­ vulnerable to everything from racist terror­ battles. pointed Marshall to the court. During his 24- ism in the South to whatever casual cruel­ "That's God's honest truth. I'm sitting year tenure, he was the only black justice. ties a prospective employer, a store clerk, or here in Tacoma with a nice house and three He was replaced by Clarence Thomas, also a some sadistic law-enforcement officer felt degrees and a good job, and were it not for black man, but one who adopted a judicial like meting out on any particular day. the work of people like Justice Marshall, approach that is the opposite of Marshall's That's the world Marshall was born into, none of it would be possible," Quasim said. liberalism. and it was the world into which he took his "We have millions of Americans, African­ Marshall's record on the court was consist-· mind and his law degree, not to earn money American kids in particular, who don't know ent: Always the defender of individual rights, and fame, but to do battle. And what a battle what happened in the early civil rights he sided with minorities and the underprivi­ it was. By winning Brown, he and his col­ movement," he said. "We can take this as an leged; he favored affirmative action and sup­ leagues did much to restore the intended opportunity to re-educate about the tremen­ ported abortion rights; and he always op­ protections of the post-Civil War amend­ dous changes that time had upon our coun­ posed the death penalty. ments, and, in doing so, he used the full try." But he was not the liberal leader that re­ range of his remarkable talents. Marshall was "a national treasure," said tired Justice William J. Brennan Jr. once This is an example of how he worked. One Louise McKinney, 62, direct.or of academic was. He did not strive for consensus, and as Friday night in the late fifties, when I didn't achievement for the Seattle School District. a result was the author of few significant even work for him anymore, my wife and I Even after Marshall argued the 1954 Brown majority opinions. were invited to his home for dinner. When we v. Board of Education ruling that deseg­ In a statement, President Clinton said arrived, Cissy Marshall told me that regated public schools, it was years before Marshall was one of the giants "in the quest Thurgood wanted me in the den, urgently. school districts began hiring black adminis­ for human rights and equal opportunity in He had just found out that one of the lawyers trators, McKinney said. the whole history of our country." in the office had filed a defective appeal to " So there are many of us who may not re­ Chief Justice William H. Rehnquist said the Supreme Court. An immediate after­ alize it, but we have our jobs because of the Marshall will be remembered as much for his hours remedy had to be fashioned, or the ap­ work Justice Marshall did," she said. work before coming to the court as after­ peal would be dismissed. "In our hearts and minds, he represented ward, for "his untiring leadership in the Thurgood had initiated a round of nonstop everything that had to do with civil rights. legal battle to outlaw racial discrimina­ phone calls to opposing lawyers, a justice, His passing represents the end of an era," tion." and court clerks. He motioned for me to McKinney said. "His memory is a mandate Before Marshall joined the court, he had crawl around through the clutter of books for us to continue that work, because it is distinguished himself as the country's first January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1121 black solicitor general, serving in that post Marshall began practicing law in Balti­ In that landmark ruling, Furman v. Geor­ from 1965 to 1967 and taking a lead in pro­ more after graduating from Howard. One of gia, the court set out procedural safeguards moting the Johnson administration's civil his first civil rights cases was a successful ef­ that states must follow if they wish to im­ and constitutional rights agenda. fort to gain admission for a young black man pose the death penalty, and since then a ma­ Marshall came to national prominence as to the University of Maryland Law School. jority of the states have reinstituted capital the chief lawyer for the NAACP Legal De­ Three years later, he was hired as an as­ punishment. fense and Educational Fund, when he argued sistant to the national counsel for the It was to be Marshall's dissents, particu­ a series of 1954 school desegregation cases NAACP and two years later became chief larly in death penalty cases, thundering with known collectively as Brown v. Board of Edu­ counsel. indignation, that gained most attention. He cation. The Supreme Court ruled in those In late 1939, he created the NAACP Legal was suspicious of police searches and interro­ cases that segregation in public schools was Defense and Educational Fund, and as its gation. He took a similar liberal tack in unconstitutional. head from 1940 to 1961 he worked within the other areas, disdaining restrictions on As a lawyer, Marshall also spearheaded legal system to improve minority rights. speech, government expenditure benefiting litigation that ended white-only primary Traveling around the country, he won doz­ religion and the weakening of environmental elections and explicit racial discrimination ens of civil rights victories. He recalled in regulations. in housing contracts. recent years how he was often run out of In a partial concurrence in University of His greatest cause was defendants' rights, town by whites who despised his work for California Regents v. Bakke that endorsed a and when he left the court two years ago, he black liberation. broader remedial use of race-conscious pro­ was the last of the justices to oppose the Marshall won all but three of the 32 cases grams, he wrote in 1978: "It must be remem­ death penalty. he argued before the Supreme Court, includ­ bered that, during most of the past 200 years, People close to him said frustration with ing the 1954 Brown ruling. That landmark de­ the Constitution as interpreted by this court the court's conservative turn in recent years cision ended "separate but equal" school sys­ did not prohibit the most ingenious and per­ prompted his retirement. tems. He achieved Brown through a series of suasive forms of discrimination against the But at a news conference at the time, Mar­ court cases over several years, methodically Negro. Now, when a state acts to remedy the shall blasted suggestions that his retirement dismantling the foundations of segregation. effects of that legacy of discrimination, I stemmed from anger about the future of the He also was at the lead in the integration cannot believe that this same Constitution conservative-dominated court. of the Little Rock, Ark., Central High stands as a barrier. '"What's wrong with me?" Marshall said School in 1957, as well as crafting successful "At every point from birth to death, the impatiently. "I'm old. I'm getting old and legal arguments against poll taxes, racial re­ impact of the past is reflected in the still­ coming apart." strictions in housing and white primary elec­ disfavored position of the Negro. In light of Such was the style of a man who could be tions. the sorry history of discrimination and its eloquent or, when he wanted, slip into slang In 1961, President John F. Kennedy se­ devastating impact on the lives of Negroes, and black dialect. When he was asked what lected Marshall for the U.S. Court of Appeals bringing the Negro into the mainstream of he was going to do in retirement, he said, for the 2nd Circuit. The nomination initially American life should be a state interest of ''Sit on my rear end.'' He was 6-foot-2, a physically imposing man was opposed by southern Democrats in the the highest order. To fail to do so is to en­ Senate, who claims he lacked legal qualifica­ sure that America will forever remain a di­ who always appeared to be coming out of his tions for the job. But Marshall was approved vided society." black robes, and had a distinctive gravelly several months later, becoming the second Legal scholars say that Marshall's most voice. He said he wanted to be remembered this way: "That he did what he could with black judge to sit on the 2nd Circuit. important doctrinal contribution likely Marshall served on the appeals cou.rt until came in a dissent to the 1973 San Antonio what he had." Marshall's roots were unlike those of any 1965, when Johnson appointed him solicitor Independent School District v. Rodriquez. In other justice before him. general of the United States, the govern­ that Texas case a five-justice majority said He was born July 2. 1908. The great-grand­ ment's top lawyer at the Supreme Court, an education is not a fundamental right son of a slave brought to America from Afri­ Johnson had several civil rights victories at guaranteed by the Constitution. ca's Congo region. Marshall was named after the court while Marshall was solicitor gen­ In an opinion by Lewis F. Powell Jr., the a paternal grandfather, who had chosen the eral, including high court approval for the court said the constitutional guarantee of name "Thorough Good" for himself when en­ 1965 Voting Rights Act. equal protection does not require that courts listing in the Union army during the Civil Marshall also provided the government's apply the strictest level of scrutiny to state War. Marshall later changed it to Thurgood. backing to a case that led to the overturning decisions on how to finance public schools. His mother was an elementary school of a California constitutional amendment Marshall favored a different standard for teacher and his father a steward at an all­ prohibiting open housing legislation. determining whether state or federal laws white yacht club on the Chesapeake Bay. On June 13, 1967, at 11 a.m., Marshall called violated equal protection guarantees, and his Marshall attended Douglas High School in his wife, Cecilia, from the White House. sliding scale approach influenced the court Baltimore, working as a delivery boy for a "Take a deep breath and sit down slowly," in later years to give greater scrutiny to women's store after school. he reportedly told her. Then Johnson's voice government decisions and more broadly read He later confessed to having been a bit of came on the line and told her Marshall had equal protection guarantees. a cutup in high school and college. He re­ just been nominated to the Supreme Court. In the years closer to his retirement, Mar­ called that in high school he often was pun­ The Senate confirmed Marshall 69 to 11 on shall increasingly assumed a defensive role. ished by being sent to the basement and Aug. 30, 1967, making him the first black jus­ Until his close friend Brennan retired in forced to memorize "one paragraph of the tice in the court's 178-year history. He faced 1990, it was just the two of them who would Constitution for every infraction. . . . In criticism from only a few southern senators, dissent from any decision that would lead to two years, I knew the whole thing by heart," who attacked his "activist" temperament. the execution of a defendant. He considered he said. But Marshall was to join like-minded the death penalty immoral in principle and Marshall attended the all-black Lincoln brethren. The court was then led by Chief discriminatory in application. University in Pennsylvania, earning money Justice Earl Warren, who already had begun "I'll never give up," he said in an interview for tuition by waiting tables. a judicial and social revolution. in December 1983. "On something like that, He obtained his law degree from Howard Through the 1970s, Marshall was more reg­ you can't give up and you can't compromise. University in 1933, graduating first in his ularly a steady vote for the opinions of lib­ It's so morally correct." class. eral-leaning justices than author of major On the day he resigned-June 27, 1991- Marshall attributed his interest in law to opinions himself. Marshall fired a parting shot that embodied "arguing with my dad. We'd argue about ev­ In 1972, when the court struck down capital his vigilance for criminal defendants and mi­ erything." He also credited his father with punishment as it was then being practiced, norities generally. instilling in him a fighting spirit. "Son," he he wrote one of the most definitive state­ It was in a dissent in Payne v. Tennessee, a once recalled his father saying, "if anyone ments on the death penalty: case in which a narrow majority upheld the ever calls you a nigger, you not only got my "Death is irrevocable. Life imprisonment use of "victim impact" statements in death permission to fight him, you got my orders is not. Death, of course, makes rehabilita­ penalty cases, overruling two earlier cases to fight him." · tion impossible. Life imprisonment does not. that had prohibited such evidence from being Marshall remembered carrying out those In short, death has always been viewed as introduced. orders one time when, as a delivery boy, he the ultimate sanction .... In striking down Marshall believed that the focus on a vic­ accidentally brushed against a woman on a capital punishment, this court does not ma­ tim's character and his family's suffering Baltimore trolley car because he couldn't see lign our system of government. On the con­ would shift jury attention from whether the over a stack of hat boxes he was carrying. A trary, it pays homage to it .... In recogniz­ defendant was guilty to the victim's char­ white man called him "nigger" and Marshall ing the humanity of our fellow beings, we acter and be difficult for the defendant to took him on. pay ourselves the highest tribute." rebut. 1122 CONGRESSIONAL RECORD-HOUSE January 25, 1993 Objecting to the conservative majority's of fighting for an America in which both the Retired chief justice Warren E. Burger overturning of precedent, Marshall wrote, little guy and the powerful guy have the praised Marshall both for his advocacy in "Tomorrow's victims may be !llinorities, same access to justice," said Carl T. Rowan, Brown v. Board of Education, which ended women or the indigent. Inevitably, this cam­ a columnist and Marshall biographer. school segregation, and as a man who before paign to resurrect yesterday's 'spirited dis­ In addition to the nation's 8,000 black going on the bench "literally took his life in sents' will squander the authority and legit­ elected officials, who owe their opportunities his hands" to try civil rights cases in the imacy of this Court as a protector of the in part to Marshall's efforts, his bene­ South. powerless." ficiaries include prisoners on death row, Chief Justice William H. Rehnquist re­ Marshall's overall health and his eyesight women and the poor, Rowan said, adding, membered in particular Marshall's "untiring began to deteriorate in recent years. He had "He was simply a towering figure." leadership in the legal battle to outlaw ra­ had a heart attack in 1976. He wrote fewer "He stood up to the white power structure cial discrimination." Justice Clarence opinions and appeared to have difficulty to give freedom and opportunity to black Thomas, who replaced Marshall on the high reading from the bench the ones he did write. people across the country," said Karen court, called him " a great lawyer, a great ju­ He was hospitalized in 1987 with a blood Hastie Williams, a former law clerk for Mar­ rist and a great man." clot in his right foot, and had been in and shall who described him as her godfather and "He set the standard for present and future out of hospitals since. "a mentor and an inspiration." judges to follow," Sen. Patrick J . Leahy (D­ But he never lost any of his exuberance. In the days of segregation, she said, he Vt.), told the Associated Press. Shortly before Marshall retired, Justice gave hope "that was phenomenal" to people Sen. Edward M. Kennedy (D-Mass.) called Byron R. White quipped to a law clerk, "In suffering under its restrictions. Marshall "a living embodiment of our na­ my 25 years here, Justice Marshall has told "People who didn't know how to read and tion's highest ideals," according to the AP. 1,000 stories and never the same one twice." write, who didn't even know who the presi­ Calling Marshall an irreplaceable "na­ And friends say Marshall never forgot that dent was, knew who Thurgood Marshall tional treasure," Jesse L. Jackson, an elect­ he was black. was," she said. In his 1991 farewell news conference, he was ed lobbyist for D.C. statehood, said his advo­ D.C. Mayor Sharon Pratt Kelly said Mar­ cacy in the Brown case led to all subsequent asked whether he considered blacks, in the shall " understood that the system needed to civil rights laws. words of the Rev. Martin Luther King Jr., be challenged to make it a more perfect " The world is a different place because he " free at last." Union." was here," said ABA President Mike "Well, I'm not free. All I know is that Kelly, like Marshall a graduate of Howard years ago, when I was a youngster, a Pull­ Mc Williams. University law school, called him "an inspi­ In Norton's case, it was her own life that man porter told me that he had been in ration to all of the Howard law family and was changed. every city in this country ... and he had future lawyers who followed him." "I suppose those who feel Justice Mar­ never been in any city in the United States In separate statements, Senate Judiciary shall's death most are people like me who where he had to put his hand up in front of Committee Chairman Joseph R. Biden Jr. were sitting in segregated classrooms-in my his face to find out he was a Negro. I agree (D-Del.) and Kurt L. Schmoke (D), mayor of case in D.C.-when Brown came down," she with him." Baltimore, where Marshall was born, each said. Marshall's first wife, Vivian Burney, died described him as a personal inspiration. "We're children of the civil rights move­ in February 1955. He married Cecilia A. Schmoke, his city's first black mayor, called ment," she said. " ... His work made the Suyat in late December of that year. He is himself "a beneficiary" of Marshall's work civil rights movement possible." survived by his wife, Cecilia, and their two in civil rights. Benjamin L. Hooks, executive director of sons, Thurgood Marshall Jr. and John Wil­ Praising Marshall as a "great humani­ the NAACP, endorsed that view. Marshall, he liam Marshall, all of Northern Virginia. tarian" and American, Virginia Gov. L. said, "was the author of much of the strat­ [From the Washington Post, Jan. 25, 1993) Douglas Wilder (D) cited his "irrepressible egy that has resulted in African Americans' quest for the rights of all Americans to be being represented in so many aspects of MARSHALL TRANSFORMED NATION IN THE free." American life." COURTS "He was a very compassionate and a thor­ Washington lawyer Clifford L. Alexander (By Martin Weil and Stephanie Griffith) oughly dedicated individual," said retired Jr. joined Norton in saying that Marshall's Retired Supreme Court Justice Thurgood judge Spottswood W. Robinson III, who sat death marked the end of a period in U.S. his­ Marshall was remembered last night as one on the U.S. Court of Appeals for the District tory. Many have speculated about when the of this century's titans, a unique figure who of Columbia. civil rights era ended, Norton said. changed a nation by his decades-long legal Robinson, who first met Marshall more Now, she said, she knows. battles to overturn segregation and to win than 50 years ago, recalled him as a ''dear " It ended today." justice for all Americans. friend" and " thoughtful person" who " de­ "He was a giant in the quest for human voted his entire professional life to the bet­ [From the New York Times, Jan. 25, 1993] rights and equal opportunity" and "every terment of people everywhere. EX-JUSTICE THURGOOD MARSHALL DIES AT 84 American should be grateful" for his con­ Sen. Alan K. Simpson of Wyoming, the (By Linda Greenhouse) tributions, President Clinton said in a state­ ranking Republican on the Senate Judiciary ment. Committee, remembered Marshall's courage WASHINGTON, January 24.- Thurgood Mar­ Harvard Law School professor Laurence and his good-humored vitality. shall, pillar of the civil rights revolution, ar­ Tribe, a constitutional scholar, called Mar­ As a lawyer for the NAACP, traveling the chitect of the legal strategy that ended the shall "the greatest lawyer in the 20th cen­ South in the days of segregation, he "had era of official segregation and the first black tury." Del. Eleanor Holmes Norton (D-D.C.) been on the front lines," Simpson said. "He Justice of the Supreme Court, died today. A said he was a man whose many roles over a laid himself on the line." Though many in major figure in American public life for a long legal career placed him "in a class by Washington may talk about those days, half-century, he was 84 years old. himself." Simpson said, Marshall "laid his old bod' Toni House, the Court's spokeswoman, said Marshall, 84, who died yesterday at Na­ right down in it." Justice Marshall died or' heart failure at Be­ tional Naval Medical Center in Bethesda, "He was a real hero to most modern Amer­ thesda Naval Medical Center in Maryland at was hailed both for his work on the court ican lawyers," said Tallahassee, Fla., lawyer 2P.M. and for his earlier career as a federal appeals Sandy D'Alembert, a former president of the Justice Marshall, who retired from the court judge, as solicitor general and as the American Bar Association. High Court in 1991, had been scheduled to ad­ lawyer for the NAACP Legal Defense and As did others who had met Marshall, minister the oath of office to Vice President Educational Fund who won the 1954 Supreme D'Alembert remembered the justice's fund of Al Gore on Wednesday, but his failing health Court decision declaring school segregation stories of the old days, traveling through the prevented him from doing so. unconstitutional. South where it was hard for a black man to Thurgood Marshall was a figure of history Government officials, civil rights leaders, find a place to sleep or buy a meal. well before he began his 24-year service on and friends praised Marshall as a dedicated, "He told those stories just to remind peo­ the Supreme Court on Oct. 2, 1967. courageous and inspiring advocate who used ple of what he had been through and how far During more than 20 years as director­ the law to make reality of the American we had come," D'Alembert said. counsel of the NAACP Legal Defense and dream. And many pointed out yesterday that how Educational Fund, he was the principal ar­ "He gave the Constitution the power the far the nation has come is due in great meas­ chitect of the strategy of using the courts to framers articulated but did not practice, ure to Marshall's legal struggles. provide what the political system would not; that Lincoln affirmed but did not perfect," He "changed the history of America for the a definition of equality that assured black said "Rep. Kweisi Mfume (D-Md.), chairman better, first as the lead attorney for the civil Americans the full rights of citizenship. of the Congressional Black Caucus. rights movement in the critical years and LANDMARK TRIUMPH IN 1954 " There is not an American alive whose life then on the highest court in the land," said His greatest legal victory came in 1954 has not been touched by this man's 60 years Sen. Harris Wofford (D-Pa.). with the Supreme Court's decision in Brown January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1123 v. Board of Education, which declared an end from affirmative action and other remedies of them. He argued 14 of those cases as a pri­ to the "separate but equal" system of racial for discrimination that he believed were still vate lawyer and 18 as Solicitor General of segregation then in effect in the public necessary to combat the nation's legacy of the United States, the Federal Government's schools of 21 states. racism, Justice Marshall used dissenting chief advocate in the Supreme Court. Presi­ Despite the years of turmoil that followed opinions to express his disappointment and dent Johnson had named him to that posi­ the unanimous decision, the Court left no anger. tion in 1965, two years before nominating doubt that it was bringing an end to the era In 1978, for example, in the Bakke case, in him to the Supreme Court. of official segregation in all public institu­ which the Court found it unconstitutional From 1961 to 1965, Thurgood Marshall was tions. Many questions lingered after so mon­ for a state-run medical school to reserve 16 a Federal appeals court judge, named by umental a transformation, and the Court of 100 places in the entering class for black President John F. Kennedy to the United continued to confront issues involving t he a nd other minority students, Justice Mar­ States Court of Appeals for the Second Cir­ legacy of segregation even after Justice Mar­ shall filed a separate 16-page opinion tracing cuit, in Manhattan. He wrote 112 opinions on shall retired. the black experience in America. that court, none of which was overturned on As a civil rights lawyer, Mr. Marshall de­ "In light of the sorry history of discrimi­ appeal. Several of his dissenting opinions vised the legal strategy and headed the team nation and its devastating impact on the were eventually adopted as majority opin­ that brought the school desegregation issue lives of Negroes," he wrote, " bringing the ions by the Supreme Court. before the Court. An experienced Supreme Negro into the mainstream of American life He had at first been hesitant to accept Court advocate by that time, he argued the should be a state interest of the highest President Kennedy's offer of a seat on the case himself in the straightforward, plain­ order. To fail to do so is to insure that Amer­ appeals court, fearing that his allies in the spoken manner that was the hallmark of his ica will forever remain a divided society." civil rights movement would think that he courtroom style. Asked by Justice Felix He dissented in City of Richmond v. was deserting the struggle. " I had to fight it Frankfurter during the argument what he Croson, a 1989 ruling in which the Court de­ out with myself," he said in an interview meant by " equal," Mr. Marshall replied, clared unconstitutional a municipal ordi­ some years ago. " But by then I had built up " Equal means getting the same thing, at the nance setting aside 30 percent of public con­ a staff- a damned good staff-an excellent same time, and in the same place." tracting dollars for companies owned by board, and the backing that would let them He won many other important civil rights blacks or members of other minorities. The go ahead. And when one has an opportunity cases, including a challenge to the whites­ Court majority called the program a form of to serve the Government, he should think only primary elections in Texas. Because the state-sponsored racism that was no less of­ twice before passing it up." candidates selected in the Democratic pri­ fensive to the Constitution than a policy of­ The Thurgood Marshall whom the public maries almost always won the general elec­ ficially favoring whites. saw in his old age was a gruff, lumbering fig­ tion, this device was a common method by In his dissenting opinion, Justice Marshall ure, his pace slowed by extra pounds and which white Southern politicians disenfran­ said that in reaching that conclusion 'a ma­ shortness of breath, his eyesight impaired by chised black voters. jority of this Court signals that it regards glaucoma. Outspoken and impolitic, he He also won a major Supreme Court case in racial discrimination as largely a phenome­ stirred up minor storms by making cutting which the Court declared that restrictive non of the past, and that government bodies remarks in public, highly unusual for a Su­ covenants that barred blacks from buying or need no longer preoccupy themselves with preme Court Justice, and major public fig­ renting homes could not be enforced in state rectifying racial injustice." ures. courts. He added: "I, however, do not believe this "I wouldn't do the job of dog catcher for "HEROIC IMAGINATION' IN A RUTHLESS WORLD nation is anywhere close to eradicating ra­ Ronald Reagan," he said in an interview in Mr. Marshall, who was born and reared in cial discrimination or its vestiges. In 1989. The next year, referring to President Baltimore, was excluded from the all-white constitutionalizing its wishful thinking, the Bush, he said in a televised interview: "It's law school at the University of Maryland. majority today does a grave disservice not said that if you can't say something good Later he brought successful lawsuits that in­ only to those victims of past and present ra­ about a dead person, don't say it. Well, I con­ tegrated not only that school but also sev­ cial discrimination in this nation whom gov­ sider him dead." eral other state university systems. He re­ ernment has sought to assist, but also to this BEHIND THE MASK, A FINE STORYTELLER ceived his legal education at the law school Court's long tradition of approaching issues In the courtroom Justice Marshall's face of Howard University in Washington, D.C., of race with the utmost sensitivity." was an inscrutable mask. He said little dur­ the nation's pre-eminent black university, " GREAT DISSENTER" AS POLITICAL PROPHET ing the argument sessions, growling occa­ where he graduated first in his class in 1933 Although he wrote a number of important sionally at lawyers who were struggling and made the personal and intellectual con­ majority opinions for the Court, his most lamely through their arguments and some­ nections that shaped his future career. powerful voice was in dissent, and not only times training his sarcasm on his own col­ Years later, the University of Maryland in the area of racial discrimination. Like his leagues. During a death penalty argument in named its law library for him, and the City friend and closest ally, Justice William J. 1981, William H. Rehnquist, then an Associ­ of Baltimore honored him by placing a Brennan Jr., who retired the year before he ate Justice, suggested that the inmate's re­ bronze likeness, more than eight feet tall, did, Justice Marshall believed that the death peated appeals had cost the taxpayers too outside the Federal courthouse. penalty was unconstitutional under all cir­ much money. Justice Marshall interrupted, "To do what he did required a heroic cumstances. He dissented from all decisions saying, " It would have been cheaper to shoot imagination," Paul Gewirtz, one of Justice in which the Court upheld application of the him right after he was arrested, wouldn't Marshall's former law clerks, wrote in a trib­ death penalty, and he wrote more than 150 it?" ute published after the Justice retired from dissenting opinions in cases in which the But those who knew him well said that be­ the Court. Court had refused to hear death penalty ap­ hind the mask was a man with an earthy The article by Mr. Gewirtz, the Potter peals. sense of humor, a spellbinding storyteller Stewart Professor of Constitutional Law at In an article published after his retire­ with an anecdote from his own long life for Yale Law School, continued: "He grew up in ment, Kathleen M. Sullivan, a Harvard Law every occasion. a ruthlessly discriminatory world- a world School professor, called Justice Marshall Justice Brennan, in a tribute to his friend in which segregation of the races was perva­ "the great dissenter." published in the Harvard Law Review, wrote sive and taken for granted. where lynching "We may read his eloquent admonitions in about Justice Marshall's storytelling abili­ was common, where the black man's inher­ dissent as prophecies for another (perhaps ties. "The locales are varied-from dusty ent inferiority was proclaimed widely and distant) era when the political pendulum courtrooms in the Deep South, to a con­ wantonly. Thurgood Marshall had the capac­ swings again," Professor Sullivan wrote. frontation with General MacArthur in the ity to imagine a radically different world, " With his departure goes part of the con­ Far East, to the drafting sessions for the the imaginative capacity to believe that science of the Court-a reminder of the Kenyan Constitution," Justice Brennan such a world was possible, the strength to human consequences of legal decisions." wrote. ''They are brought to life by all the sustain the image in the mind's eye and the While the phrase "first black Supreme tricks of the storyteller's art: the fluid voice, heart's longing, and the courage and ability Court Justice" was attached so often to his the mobile eyebrows, the sidelong glance, to make that imagined world real." name that it appeared to be part of his offi­ the pregnant pause and the wry smile." Yet Justice Marshall was not satisfied cial title, it was a partial definition at best, The stories were meant not only to enter­ with what he had achieved, believing that scarcely encompassing the unusual range of tain but also to serve "a deeper purpose," the Constitution's promise of equality re­ legal experience that Justice Marshall Justice Brennan said. mained unfulfilled and that his work was brought to the Court. "They are his way of preserving the past therefore unfinished. By the time President Lyndon B. Johnson while purging it of its bleakest moments," A VOICE OF ANGER AND DISAPPOINTMENT named him to succeed Justice Tom C. Clark, he said. "They are also a form of education For much of his Supreme Court ca reer, as who had retired, Mr. Marshall had argued 32 for the rest of us. Surely, Justice Marshall the Court's majority increasingly drew back cases before the Supreme Court and won 29 recognized that the stories made us-his col- 1124 CONGRESSIONAL RECORD-HOUSE January 25, 1993 leagues-confront walks of life we had never shall said in an interview published in the first. The very lawyers Marshall's Southern known. American Bar Association Journal in 1992. drawl would put at ease were defending a Many of his stories recalled the hostility, The Justice often credited Mr. Houston, system we detested." the harassment and, not infrequently, the who died in 1950 at the age of 54, as his men­ Mr. Carter wrote that he gradually under­ danger he had faced as a civil rights lawyer, tor. Referring to the 1954 Brown v. Board of stood that his friend "was attempting to traveling some 50,000 miles a year through­ Education decision, he said in the bar asso­ communicate to these men that, although out the South representing black clients and ciation interview: "The school case was real­ we were on opposite sides of an emotionally unpopular causes. One story he told was of ly Charlie's victory. He just never got a charged lawsuit, we were lawyers represent­ being arrested on a trumped-up charge of chance to see it." ing our clients and had no personal quarrel drunken driving while leaving a Tennessee A BASIC STRATEGY TO END SEGREGATION with each other." town in which he and a colleague had just After earning his law degree Mr. Marshall "THE RIGHT MAN AND THE RIGHT PLACE" won an acquittal for a black defendant. opened a law office in Baltimore. The nation By 1961, when President Kennedy named As Justice Marshall recounted the incident him to the Federal appeals court, Thurgood in an interview, he was brought before a was in the fourth year of the Depression. He found himself handling civil rights cases for Marshall was the best known black lawyer in magistrate, who told him: "If you're not the United States. A group of Southern sen­ drunk, will you take my test? Will you blow impoverished clients and was soon $1,000 in debt. But his courtroom victories, including ators held up his confirmation for months, in my face? I'm a teetotaler and I can smell and he served initially under a special ap­ the least bit of whisky." his successful challenge to segregation at the "He was a short man," recalled Justice University of Maryland Law School, began pointment made during a Congressional re­ Marshall, who was himself 6 feet 2 inches tall to be noticed. In 1936 Mr. Houston, by then cess. Six years later, President Johnson said and weighed well over 200 pounds. "I put my the chief counsel of the N.A.A.C.P., recruited that placing Judge Marshall on the Supreme hands on his· shoulders and breathed just as him for a $2,600-a-year job on the organiza­ Court was "the right thing to do, the right hard as I could into the man's face." The tion's legal staff in New York. Two years time to do it, the right man and the right case was dismissed. later, when Mr. Houston returned to Wash­ place." "We drove to Nashville," the Justice ington, Mr. Marshall succeeded to the chief Liberals still dominated the Court in the added. "And then, boy, I really wanted a counsel's title but continued to work closely closing years of Chief Justice Earl Warren's drink!" with his mentor. tenure, and Justice Marshall fit in com­ Thurgood Marshall was born in Baltimore Pursuing a long-range strategy to eradi­ fortably with such colleagues as Justices on July 2. 1908. His mother, the former cate segregation, the two men concentrated Brennan and William 0. Douglas. In his early Norma Williams, was a teacher. His father. first on graduate and professional schools, years on the Court, Justice Marshall cast William Marshall, had once worked as a believing that white judges were most likely only a handful of dissenting votes. Pullman car waiter and later became a stew­ to be offended by segregation in that setting Inexorably, the ideological landscape ard at the exclusive, all-white Gibson Island and to sympathize with the ambitious young changed. By the time Justice Marshall an­ Club on Chesapeake Bay. A great-grand­ black college graduates who were the plain­ nounced his retirement, on June 27, 1991, he father had been taken as a slave from the tiffs in the cases. As successes mounted, the had served longer than all but one of the sit­ Congo to the Eastern Shore of Maryland, two turned tl:~.eir attention to segregation in ting Justices-Byron R. White, who was where the slaveholder eventually freed him. public high schools and elementary schools . . named by President Kennedy in 1962-and Mr. Marshall was named for his paternal "Under Marshall, the N.A.A.C.P.'s legal was more liberal than any of them. In his grandfather, who had chosen the name staff became the model for public interest final term he dissented in 25 of 112 cases. "Thoroughgood" when he enlisted as a pri­ law firms," Mark Tushnet, one of the Jus­ Among Justice Marshall's important ma­ vate in the Union Army during the Civil tice's biographers who was also 0ne of his jority opinions for the Court was Amal­ War. His grandson later explained that he law clerks, wrote in the American Bar Asso­ gamate_d Food Employees Union v. Logan adopted the spelling "Thurgood" in grade ciation Journal. "Marshall was thus one of Valley Plaza, in 1968, which held that a shop­ school because he "got tired of spelling all the first public interest lawyers. His com­ ping center was a "public forum" much like that out." mitment to racial justice led him and his an old downtown city street, from which the He described himself as a "hell-raiser" in staff to develop ways of thinking about con­ private owners could not exclude picketers. school, a circumstance that gave him expo­ stitutional litigation that have been enor­ His majority opinion in Stanley v. Georgia, sure to the Constitution and lifelong respect mously influential far beyond the areas of in 1969. held that the private possession of for it. "Instead of making us copy out stuff segregation and discrimination." pornography could not be subject to prosecu­ on the blackboard after school when we mis­ In its public school cases, the initial focus tion "If the First Amendment means any­ behaved, our teacher sent us down into the of the N.A.A.C.P., and later of the NAACP thing," he wrote in that case, "it means that basement to learn parts of the Constitu­ Legal Defense and Education Fund, which a state has no business telling a man, sitting tion," he once recalled. "I made my way became a separate entity in the 1940's, was to alone in his own house, what books he may through every paragraph." seek to equalize the resources available to read or what films he may watch." In high school years in Baltimore. he the all-black schools in segregated systems. He wrote the majority opinion in Bounds v. worked as a delivery boy for a women's Mr. Marshall persuaded the organization's Smith, a 1977 case holding that state prison clothing store after classes. He waited on ta­ board to abandon that approach and to systems are constitutionally obliged to pro­ bles to help pay the tuition at Lincoln Uni­ refuse to take on any cases that did not chal­ vide inmates with "adequate law libraries or versity in Chester, Pa., where he said he lenge the fact of segregation itself. adequate assistance from persons trained in "majored in hell-raising." He was expelled The new policy was controversial within the law." once for hazing freshmen, but after being re­ the N.A.A.C.P. and prompted resignations by A VIGOROUS DISSENT IN A SCHOOLS CASE admitted he became a star debater and grad­ several black lawyers on whom the organiza­ One of his best known dissents was a 63- uated with honors in 1930. tion had relied to handle cases in the South. page opinion in a 1973 case, San Antonio His mother wanted him to become a den­ Mr. Marshall was not deterred, and took on School District v. Rodriguez. The majority tist, a safe and lucrative career for a black many of the cases himself. He traveled con­ in that case held, by a 5-to-4 vote, that the professional in those days, but he was deter­ stantly and was in charge of as many as 450 Constitution's guarantee of equal protection mined to become a lawyer. Enrolling at How­ cases at a time. "I was on the verge of a was not violated by the property tax system ard University Law School meant a long nervous breakdown for a long time, but I used by Texas and most other states to fi­ daily commute from Baltimore because he never quite made the grade," he once said. nance public education. Under the system could not afford housing at the school. His Robert L. Carter, an associate of Mr. Mar­ districts with generous tax bases can afford mother pawned her wedding and engagement shall's from those days who later became a to provide better schools than less wealthy rings to pay the law school's entrance fees. Federal district judge in New York, recalled districts. At Howard he met a man who would influ­ their travels through the South in an article In his dissenting opinion, Justice Marshall ence the course of his life, Charles Hamilton published in The Harvard Law Review. accused the majority of an "unsupportable Houston, then the law school's vice dean. Mr. "Having grown up in Maryland, Marshall acquiescence in a system which deprives Houston, a Harvard Law School graduate had a slight Southern accent." Mr. Carter children in their earliest years of the chance who later served as chief counsel to the Na­ wrote. "But when our opponents were South­ to reach their full potential as citizens." tional Association for the Advancement of ern lawyers, which was virtually all the He argued that the right to an education Colored People and who became the first time, his accent would become much more should be regarded as a "fundamental" con­ black lawyer to win a case before the Su­ pronounced. Before and after the case was stitutional right, and that state policies that preme Court, imbued his students with the called, Marshall would joke with the oppos­ have the effect of discriminating on the basis goal of using the law to attack institutional ing counsel or exchange some pleasantry, all of wealth should be subject to especially racism. in a Southern accent so broad that he sound­ searching judicial scrutiny. "Charlie Houston insisted that we be social ed as if he had lived all his life in the deep " In my judgment," he wrote. "the right of engineers rather than lawyers," Justice Mar- rural South. The practice irritated me at every American to an equal start in life, so January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1125 far as the provision of a state service as im­ "The Brown case gave me an opportunity I tional heritage rebels at the thought of giv­ portant as education is concerned, is far too wouldn't have had otherwise," said Mr. ing government the power to control men's vital to permit state discrimination on Parks, who, after the Brown case was de­ minds."-Stanley v. Georgia (1960) grounds as tenuous as those presented by cided, was permitted to attend kindergarten On desegregation "Today's holding, I fear, this record." at the elementary school involved in the is more a perceived reflection of a public Justice Marshall had often said that he did case. " I mean. I'm a black male and now I'm mood that we have gone far enough in insur­ not plan to retire, so his decision at the end an attorney and the president of the school ing the Constituton's guarantee of equal jus­ of the 1990-91 term took both the court and board that spawned the Brown case." tice than it is a product of neutral principles the country by surprise. The Rev. Jesse Jackson echoed Mr. Parks's of law .... It may be the easier course to One person familiar with the Court re­ reflections, saying, "For most of us who allow our great metropolitan areas to be di­ called that when Justice Marshall informed grew up under segregation, we have never vided up into two cities-one white, the his colleagues of his plan, at the Justices' known a day without Thurgood Marshall other black-but it is a course, I predict, our final private conference of the term, even hovering over us to protect us." people will ultimately regret."-Dissent in the members of the Court who had clashed Barbara Underwood, a senior executive dis­ Milliken v. Bradley (1974) with him long and often on matters of law trict attorney in Queens, who clerked for On the right to counsel "The majority con­ and policy were deeply moved. Exclaiming Justice Marshall at the Supreme Court in tends that the Sixth Amendment is not vio­ "Oh, Thurgood!" Chief Justice Rehnquist the early 1970's, said she hoped history would lated when a manifestly guilty defendant is embraced Justice Marshall in a bear _hug. capture the breadth of his career. convicted after a trial in which he was rep­ Justice Sandra Day O'Connor wept. "As a lawyer, as a litigator at the resented by a manifestly ineffective attor­ Justice Marshall, a few days shy of his 83d N.A.A.C.P., as solicitor general and as a ney. I cannot agree. Every defendant is enti­ birthday, gave health as the reason for his judge, he brought his life and his insights to tled to a trial in which his interests are vig­ retirement. At a news conference the next bear on all manner of issues," she said. Like orously and conscientiously advocated by an day he was asked, "What's wrong with you, others, she spoke of his advocacy for minor­ able lawyer."-Dissent in Stickland v. Wash­ sir?" ity citizens, for women and for social change ington (1983) "What's wrong with me?" Justice Marshall as a whole. On precedent "Power, not reason, is the new currency of this Court's decision mak­ replied. "I'm old. I'm getting old and coming "TRUE AMERICAN HERO" apart." ing.... The implications of this radical new Justice Marshall's first wife, the former Mr. Greenberg said Justice Marshall helped exception to the doctrine of stare decisis are Vivien Burey, whom he married in 1929, died transform the nation "from a society of staggering. The majority today sends a clear of cancer in February 1955. In December of apartheid to one in which black people, still signal that scores of established constitu­ that year he married Cecilia Suyat, known under constraints they suffer, nevertheless tional liberties are now ripe for reconsider­ as Cissy. They had two sons, Thurgood Jr., have an equal chance." ation, thereby inviting the very type of open legislative-affairs coordinator for the Office Justice Marshall's former colleagues on defiance of our precedents that the majority of the Vice President and previously a law­ the Supreme Court spoke of him yesterday rewards in this case."....L.Dissent in Payne v. yer on the staff of the Senate Judiciary Com­ in reverential tones that seemed to tran­ Tennessee (1991). scend ideological boundaries. mittee, and John, a member of the Virginia "We've lost a true American hero," said state police. Justice Sandra Day O'Connor. "I'm thinking SPECIAL ORDERS GRANTED [From the New York Times, Jan. 25, 1993] of how privileged I feel to have known him By unanimous consent, permission to and worked with him." MARSHALL IS REMEMBERED AS MORE THAN A Justice Antonin Scalia said Justice Mar­ address the House, following the legis­ JUSTICE shall was one of the few people in American lative program and any special orders (By Jacques Steinberg) public life who would be forever identified heretofore entered, was granted to: Those who worked closely with Justice with the ideas that he championed. (The following Members (at the re­ Thurgood Marshall-his law clerks, col­ The man who replaced Justice Marshall on quest of Mr. COBLE) to revise and ex-· leagues on the beach and fellow lawyers-re­ the Court, Justice Clarence Thomas, said, tend their remarks and include extra­ membered him yesterday as a larger-than­ "He was a great lawyer, a great jurist and a neous material:) life presence who left a lasting imprint on great man, and the country is better for his Mr. GINGRICH, for 60 minutes, today the nation, as well as on their personal lives having lived." and 60 minutes on January 26, 27, and and careers. Justice Marshall's passing drew an imme­ diate reaction from the White House. 28, and 60 minutes on February 1, 2, 3, "He wouldn't use the term," said Jack 4, 5, 16, 17, 18, 19. Greenberg, the dean of Columbia College, "He was a giant in the quest for human and who in 1961 succeeded Mr. Marshall as direc­ rights and equal opportunity in the whole Mr. SOLOMON, for 5 minutes, today. tor-counsel of the NAACP Legal Defense and history of our country," President Clinton Mr. GRADISON, for 5 minutes, today. Educational Fund, "but he had a joie de said in a statement. "Every American should (The following Members (at the re- vivre, an exuberance, an aggressiveness be grateful for the contributions he made as quest of Ms. ESHOO) to revise and ex­ about things he attacked, cases that he an advocate and as a justice." tend their remarks and include extra­ worked on, issues that he addressed." Richard Kluger, whose 1975 book "Simple neous material:) In the hours after his death yesterday Justice," chronicled the Brown case, said Mr. MAZZOLI, for 5 minutes, today. afternoon, many admirers and former col­ Justice Marshall's role in American social Mrs. COLLINS of Illinois, for 60 min­ leagues said they would have difficulty iso­ history would be difficult to overstate. utes, on January 26, 27, 28, and 60 min­ lating Justice Marshall's most significant "Without him, the whole civil rights move­ utes on February 1, 2, 3, 4, 5, 16, 17, 18, ment and the legal enfranchisement of contribution to American society, because 19, 22, 23, 24, 25, and 26. those contributions seemed endless. blacks might not have happened when it did," Mr. Kluger said. "It might have taken Mr. CONYERS, for 15 minutes, today. James 0. Freedman, who from 1962 to 1963 Mr. MFUME, for 60 minutes, on Feb­ worked as a clerk for Mr. Marshall when he a number of years. That was the man's was a Federal appeals court judge, agreed monument. He worked hard for it." ruary 23, 24, and 25. with many that his former boss's crowning Mr. OWENS of New York, for 60 min­ achievement was his successful litigation in IN MARSHALL'S OWN WORDS utes, on January 25, 26, 27, and 28, and 1954 of Brown v. Board of Education, in On segregation "the trouble with the doc­ for 60 minutes on February l, 2, 3, 4, 5, which the Supreme Court declared that the trine of separate but equal [is that it] as­ 16, 17, 18, 19, 22, 23, 24, 25, and 26. doctrine of "separate but equal" in regard to sumes that two things are equal. "-Argu­ racial segregation in public schools no ment before the Supreme Court in Brown v. longer had a place in America. Board of Education (1954) EXTENSION OF REMARKS "He allied himself with an idea whose time On free speech "the mere fact that speech By unanimous consent, permission to had come," said Mr. Freedman, now the is accompanied by conduct does not mean ·revise and extend remarks was granted president of Dartmouth College. "He is prob­ that the speech can be suppressed under the to: ably the only person ever to have been ap­ guise of prohibiting the conduct."-Amal­ (The following Members (at the re­ pointed to the Supreme Court who would gamated Food Employees v. Logan Valley have had a place in American history before Plaza (1968) quest of Mr. COBLE) and to include ex­ his appointment." On privacy "If the First Amendment traneous material:) Sherman A. Parks Jr., a 42-year-old To­ means anything it means that a state has no Mr. WELDON in five instances. peka, Kan., lawyer, said yesterday that the business telling a man, sitting alone in his (The following Members (at the re­ Brown decision, and Justice Marshall's role own house, what books he may read or what quest of Ms. ESHOO) and to include ex­ in it, changed the course of his life. films he may watch. Our whole constitu- traneous material:) 1126 CONGRESSIONAL RECORD-HOUSE January 25, 1993 Mr. GONZALEZ in 10 instances. 404. A letter from the Chairman, Council of copy of D.C. Act 9-341, " Adjustment of Inter­ Mr. BROWN of California in two in­ the District of Columbia, transmitting a est Rates Paid on Rental Security Deposits stances. copy of D.C. Act 9-325, "District of Columbia Amendment Act of 1992", pursuant to D.C. Unemployment Compensation Act Amend­ Code, section 1-233(c)(l); to the Committee Mr. BILBRAY. ment Act of 1992," pursuant to D.C. Code sec­ on the District of Columbia. tion 1-233(c)(l); to the Committee on the Dis­ 417. A letter from the Chairman, Council of trict of Columbia. the District of Columbia, transmitting a ADJOURNMENT 405 . A letter from the Chairman, Council of copy of D.C. Act 9-342, "Cable Television Mr. GINGRICH. Mr. Speaker, I move the District of Columbia, transmitting a Communications Act of 1981 Amendment Act that the House do now adjourn. copy of D.C. Act 9-326, "District of Columbia of 1992", pursuant to D.C. Code, section 1- The motion was agreed to; accord­ Retirement Board Judicial Appointment Act 233(c)(l); to the Committee on the District of ingly (at 2 o'clock and 30 minutes p.m.) of 1992," pursuant to D.C. Code section 1- Columbia. 233(c)(l); to the Committee on the District of 418. A letter from the Chairman, Council of the House adjourned until tomorrow, Columbia. the District of Columbia, transmitting a Tuesday, January 26, 1993, at 12 noon. 406 . A letter from the Chairman, Council of copy of D.C. Act 9-343, "Health Care Provider the District of Columbia, transmitting a Assessment Act of 1992", pursuant to D.C. copy of D.C. Act 9-327, "Stable and Reliable Code, section 1-233(c)(l); to the Committee EXECUTIVE COMMUNICATIONS, Source of Revenues for WMATA Act of 1982 on the District of Columbia. ETC. Temporary Amendment Act of 1992," pursu­ 419. A letter from the Chairman, Council of Under clause 2 of rule XXIV, execu­ ant to D.C. Code section 1-233(c)(l); to the the District of Columbia, transmitting a Committee on the District of Columbia. copy of D.C. Act 9-344, "Minimum Wage tive communications were taken from 407. A letter from the Chairman, Council of Temporary Revision Act of 1992", pursuant the Speaker's table and referred as fol­ the District of Columbia, transmitting a to D.C. Code, section 1-233(c)(l); to the Com­ lows: copy of D.C. Act 9-328, "Carjacking Preven­ mittee on the District of Columbia. 395. A letter from the director. the Office of tion Temporary Amendment Act of 1992," 420. A letter from the Chairman, Council of Management and Budget, transmitting the pursuant to D.C. Code section 1-233(c)(l); to the District of 'Columbia, transmitting a cumulative report on rescissions and defer­ the Committee on the District of Columbia. copy of D.C. Act 9-345, "Investment Advisers rals of budget authority as of January 1, 408. A letter from the Chairman, Council of Act of 1992", pursuant to D.C. Code, section 1993, pursuant to 2 U.S.C. 685(e) (H. Doc. No. the District of Columbia, transmitting a 1-233(c)(l); to the Committee on the District 103-41); to the Committee on Appropriations copy of D.C. Act 9-329, " District of Columbia of Columbia. and ordered to be printed. Government Comprehensive Merit Personnel 421. A letter from the Chairman, Council of 396. A communication from the President Act of 1978 Compensation Settlement Review the District of Columbia, transmitting a of the United States, transmitting a report Period Temporary Amendment Act of 1992," copy of D.C. Act 9-348, "Taxicab Commercial on nuclear testing, pursuant to Public Law pursuant to D.C. Code section 1-233(c)(l); to Advertising Amendment Act of 1992", pursu­ 102-377, section 507; to the Committee on the Committee on the District of Columbia. ant to D.C. Code, section 1-233(c)(l); to the Armed Services. 409. A letter from the Chairman, Council of Committee on the District of Columbia. 397. A letter from the Secretary, Housing the District of Columbia, transmitting a 422. A letter from the Chairman, Council of and Urban Development, transmitting a copy of D.C. Act 9-330, "District of Columbia the District of Columbia, transmitting a study on three basic capitated payment for­ Campaign Contribution Limitation Initia­ copy of D.C. Act 9-350, "Surrogate Parenting mulas for public housing, pursuant to Public tive of 1992," pursuant to D.C. Code section Contracts Act of 1992", pursuant to D.C. Law 101-625, section 525 (104 Stat. 4216); to 1-233(c)(l); to the Committee on the District Code, section 1-233(c)(l); to the Committee the Committee on Banking, Finance and of Columbia. on the District of Columbia. Urban Affairs. 410. A letter from the Chairman, Council of 423 . A letter from the Chairman, Council of 398. A letter from the Chairman, Council of the District of Columbia, transmitting a the District of Columbia, transmitting a the District of Columbia, transmitting a copy of D.C. Act 9-334, "TRAC Vehicle Leas­ copy of D.C. Act 9-352, "District of Columbia copy of D.C. Act 9-316, "Estelle Simms, ing Amendment Act of 1992," pursuant to Insurance Guaranty Association Amendment Bloomingdale, Edgewood, Eckington (BEE) D.C. Code section 1-233(c)(l); to the Commit­ Act of 1992", pursuant to D.C. Code, section Civic Park designation Act of 1992," pursu­ tee on the District of Columbia. 1-233(c)(l); to the Committee on the District ant to D.C. Code section 1-233(c)(l); to the 411 . A letter from the Chairman, Council of of Columbia. Committee on the District of Columbia. the District of Columbia, transmitting a 424. A letter from the Chairman, Council of 399. A letter from the Chairman, Council of copy of D.C. Act 9-335, " Bureau of Traffic the District of Columbia, transmitting a the District of Columbia, transmitting a Adjudication Hearing Examiner Amendment copy of D.C. Act 9-354, "Smoking Regulation copy of D.C. Act 9-317, "Anti-Stalking Tem­ Act of 1992," pursuant to D.C. Code section 1- Amendment Act of 1992", pursuant to D.C. porary Amendment Act of 1992," pursuant to 233(c)(l); to the Committee on the District of Code, section 1-233(c)(l); to the Committee D.C. Code section 1-233(c)(l); to the Commit­ Columbia. on the District of Columbia. tee on the District of Columbia. 412. A letter from the Chairman, Council of 425. A letter from the Chairman, Council of 400. A letter from the Chairman, Council of the District of Columbia, transmitting a the District of Columbia, transmitting a the District of Columbia, transmitting a copy of D.C. Act 9-336, "Funeral Services copy of D.C. Act 9-355, "Premium Receipts copy of D.C. Act 9-321, "Uniform Commercial Regulatory Amendment Act of 1992," pursu­ Tax Clarification Amendment Act of 1992". Code Investment Securities Amendment Act ant to D.C. Code section 1-233(c)(l); to the pursuant to D.C. Code, section 1-233(c)(l); to of 1992," pursuant to D.C. Code section 1- Committee on the District of Columbia. the Committee on the District of Columbia. 233(c)(l); to the Committee on the District of 413 . A letter from the Chairman, Council of 426. A letter from the Chairman, Council of Columbia. the District of Columbia, transmitting a the District of Columbia, transmitting a 401. A letter from the Chairman, Council of copy of D.C. Act 9-337, "Randall Memorial copy of D.C. Act 9-356, "Malcolm X Avenue the District of Columbia, transmitting a United Methodist Church Equitable Real Designation Act of 1992". pursuant to D.C. copy of D.C. Act 9-322, "Health Services Property Tax Relief Act of 1992," pursuant to Code, section 1-233(c)(l); to the Committee Planning Program Act of 1992," pursuant to D.C. Code section 1-233(c)(l); to the Commit­ on the District of Columbia. D.C. Code section 1-233(c)(l); to the Commit­ tee on the District of Columbia. 427. A letter from the Chairman, Council of tee on the District of Columbia. 414 . A letter from the Chairman, Council of the District of Columbia, transmitting a 402. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 9-357, "New Southern Rock the District of Columbia, transmitting a copy of D.C. Act 9-338, " National Learning Baptist Church Equitable Real Property Tax copy of D.C. Act 9-323, "District of Columbia Center Equitable Real Property Tax Relief Relief Act of 1992". pursuant to D.C. Code, Government Comprehensive Merit Personnel Act of 1992," pursuant to D.C. Code section 1- section 1-233(c)(l); to the Committee on the Act of 1978 Employee Benefits Amendment 233(c)(l); to the Committee on the District of District of Columbia. Act of 1992," pursuant to D.C. Code section 1- Columbia. 428. A letter from the Chairman, Council of 233(c)(l); to the Committee on the District of 415. A letter from the Chairman, Council of the District of Columbia, transmitting a Columbia. the District of Columbia, transmitting a copy of D.C. Act 9-358, "Washington Inter­ 403. A letter from the Chairman. Council of copy of D.C. Act 9-340, "Human Rights Act of national School Equitable Real Property Tax the District of Columbia, transmitting a 1977 Religious Observance Accommodation Relief Act of 1992". pursuant to D.C. Code, copy of D.C. Act 9-324, "Taxicab and Pas­ Amendment Act of 1992, " pursuant to D.C. section 1-233(c)(l); to the Committee on the senger Vehicle for Hire Impoundment Act of Code section 1-233(c)(l); to the Committee on District of Columbia. 1992," pursuant to D.C. Code section 1- the District of Columbia. 429. A letter from the Chairman, Council of 233(c)(l); to the Committee on the District of 416. A letter from the Chairman, Council of the District of Columbia, transmitting a Columbia. the District of Columbia, transmitting a copy of D.C. Act 9-359, " Sixth Presbyterian January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1127 Church Equitable Real Property Tax Relief 442. A letter from the Chairman, Council of other nations that are parties to arms con­ Act of 1992" . pursuant to D.C. Code, section the District of Columbia, transmitting a trol agreements with the United States, as l-233(c)(l); to the Committee on the District copy of D.C. Act 9-376, " Ridgecrest Court well as by the United States itself, pursuant of Columbia. Designation Act of 1992," pursuant to D.C. to 22 U.S.C. 2592a; to the Committee on For­ 430. A letter from the Chairman, Council of Code, section l-233(c)(l); to the Committee eign Affairs. the District of Columbia, transmitting a on the District of Columbia. 455. A communication from the President copy of D.C. Act 9-360, " Ward memorial Afri­ 443. A letter from the Chairman, Council of of the United States, transmitting a report can Methodist Episcopal Church Equitable the District of Columbia, transmitting a on the activities of U.S.-U.S.S.R. Standing Real Property Tax Relief Act of 1992," pursu­ copy of D.C. Act 9-377, " District of Columbia Consultative Commission during calendar ant to D.C. Code, section l- 233(c)(l); to the Government Comprehensive Merit Personnel year 1992, pursuant to 22 U.S.C. 2578; to the Committee on the District of Columbia. Act of 1978 Compensation Settlement Review Committee on Foreign Affairs. 431. A letter from the Chairman, Council of Period Amendment Act of 1992," pursuant to 456. A letter from the Secretary of State. the District of Columbia, transmitting a D.C. Code, section 1- 233(c)(l); to the Commit­ transmitting the listing of a commercial copy of D.C. Act 9-361, "The Salvation Army tee on the District of Columbia. military export that is eligible for approval Equitable Real Property Tax Relief Act of 444. A letter from the Chairman, Council of in calendar year 1993, pursuant to 22 U.S.C. 1992," pursuant to D.C. Code, section l- 2765(a); to the Committee on Foreign Affairs. the District of Columbia, transmitting a 457. A communication from the President 233(c)(l); to the Committee on the District of copy of D.C. Act of 9-382, " Legalization of Columbia. of the United States, transmitting a report Self-Defense Sprays Amendment Act of on the status of efforts to obtain compliance 432. A letter from the Chairman, Council of 1992," pursuant to D.C. Code, section l- the District of Columbia, transmitting a by Iraq with the resolutions adopted by the 233(c)(l); to the Committee on the District of U.N. Security Council, pursuant to Public copy of D.C. Act 9-363, "Alternative fuels Columbia. Technology Act of 1990 Temporary Amend­ Law 102-1, section 3 (105 Stat. 4) (H. Doc. No. 445. A letter from the Chairman, Council of 103-39); to the Committee on Foreign Affairs ment Act of 1992," pursuant to D.C. Code, the District of Columbia, transmitting a and ordered to be printed. section l-233(c)(l); to the Committee on the copy of D.C. Act 9-388, " Barber and Cos­ 458. A communication from the President District of Columbia. metology Revision Act of 1992," pursuant to of the United States, transmitting a copy of 433. A letter from the Chairman, Council of D.C. Code, section 1- 233(c)(l); to the Commit­ an Executive order with respect to addi­ the District of Columbia, transmitting a tee on the District of Columbia. tional measures with the Federal Republic of copy of D.C. Act 9-364, "District of Columbia 446. A letter from the Chairman, Council of Yugoslavia (Serbia and Montenegro), pursu­ Uniform Conservation Easement Act of 1986 the District of Columbia, transmitting a ant to 50 U.S.C. 1701 et seq. and 1601 et seq. Amendment Act of 1992," pursuant to D.C. copy of D.C. Act 9-389, " American Associa­ and 22 U.S.C. 287c (H. Doc. No. 103-40); to the Code, section l -233(c)(l); to the Committee tion for the Advancement of Science Reve­ Committee on Foreign Affairs and ordered to on the District of Columbia. nue Bond Act of 1992," pursuant to D.C. be printed. 434. A letter from the Chairman, Council of Code, section 1-233(c)(l); to the Committee 459. A letter from the Director, Congres­ the District of Columbia, transmitting a on the District of Columbia. sional Budget Office, transmitting a report copy of D.C. Act 9-365, "Health-Care Peer Re­ 447. A letter from the Chairman, Council of on unauthorized appropriations and expiring view Amendment Act of 1992," pursuant to the District of Columbia, transmitting a provisions of law as of January 16, 1993, pur­ D.C. Code, section 1-233(c)(l); to the Commit­ copy of D.C. Act 9-351 , "Mitch Snyder Place suant to 2 U.S.C. 602(f)(3); to the Committee tee on the District of Columbia. Designation Act of 1992," pursuant to D.C. on Government Operations. 435. A letter from the Chairman, Council of 460. A communication from the President the District of Columbia, transmitting a Code, section l- 233(c)(l); to the Committee on the District of Columbia. of the United States, transmitting an agree­ copy of D.C. Act 9-366, " Public Assistance ment between the Government of the United Shelter Days Temporary Amendment Act of 448. A letter from the Chairman, Council of States and the Government of the Republic 1992," pursuant to D.C. Code, section 1- the District of Columbia, transmitting a of Lithuania Concerning Fisheries off the 233(c)(l); to the Committee on the District of copy of D.C. Act 9-353, "District of Columbia Coasts of the United States, pursuant to 16 Columbia. Nonprofit Corporation Amendment Act of U.S.C. 1823(a) (H. Doc. No. 103-38); to the 436. A letter from the Chairman, Council of 1992," pursuant to D.C. Code, section l- Committee on Merchant Marine and Fish­ the District of Columbia, transmitting a 233(c)(l); to the Committee on the District of eries and ordered to be printed. copy of D.C. Act 9-368, " Animal Control Columbia. 461. A letter from the Administrator, Amendment Act of 1992" congressional re­ 449. A letter from the Chairman, Council of Small Business Administration, transmit­ view, pursuant to D.C. Code, section l- the District of Columbia, transmitting a ting the final report on the work force field 233(c)(l); to the Committee on the District of copy of D.C. Act 9-357, " New Southern Rock hearings; to the Committee on Small Busi­ Columbia. Baptist Church Equitable Real Property Tax ness. 437 . A letter from the Chairman, Council of Relief Act of 1992," pursuant to D.C. Code, 462. A communication from the President the District of Columbia, transmitting a section l- 233(c)(l); to the Committee on the of the United States, transmitting the sec­ copy of D.C. Act 9-369, "Tenant Assistance District of Columbia. ond biennial report of the National Critical Program Amendment Act of 1992," pursuant 450. A letter from the Chairman, Council of Technologies Panel, pursuant to Public Law to D.C. Code, section 1-233(c)(l); to the Com­ the District of Columbia, transmitting a 101-189, section 84l(a) (103 Stat. 1512); jointly, mittee on the District of Columbia. copy of D.C. Act 9-362, " Wesley Theological to the Committees on Armed Services and 438. A letter from the Chairman, Council of Seminary Equitable Real Property Tax Re­ Science, Space, and Technology. the District of Columbia, transmitting a lief Act of 1992," pursuant to D.C. Code, sec­ 463. A letter from the Acting Assistant copy of D.C. Act 9-370, " Capital Area Com­ tion l- 233(c)(l); to the Committee on the Dis­ Secretary of State for Legislative Affairs, munity Food Bank Equitable Real Property trict of Columbia. transmitting the Secretary's certification Tax Relief Act of 1992," pursuant to D.C. 451. A letter from the Chairman, Council of that the Russian Federation, Ukraine, the Code, section l- 233(c)(l); to the Committee the District of Columbia, transmitting a Republic of Belarus and the Republic of on the District of Columbia. copy of D.C. ACT 9-392, " Medicaid Managed Kazakhstan are committed to the courses of 439. A letter from the Chairman, Council of Care Amendment Act of 1992," pursuant to action described in the National Defense Au­ the District of Columbia, transmitting a D.C. Code, section 1-233(c)(l); to the Commit­ thorization Act for fiscal year 1993 and the copy of D.C. Act 9-373, " Motor Vehicle Spe­ tee on the District of Columbia. Freedom Support Act, pursuant to Public cialty Tags Amendment Act of 1992, " pursu­ 452. A letter from the Secretary of Energy, Law 102-484, section 1412(d) and Public Law ant to D.C .. Code, section 1- 233c)(l); to the transmitting the report of the demonstra­ 102-511, section 502; jointly, to the Commit­ Committee on the District of Columbia. tion project on mandatory interim energy tees on Armed Services and Foreign Affairs. 440. A letter from the Chairman, Council of conservation performance standards for Fed­ 464 . A letter from the Secretary of Energy. the District of Columbia, transmitting a eral residential buildings, pursuant to 42 transmitting notice that an extension of copy of D.C. Act 9-374, " Prohibition of Em­ U.S.C. 6831 et seq.; to the Committee on En­ time is needed for the submittal of the im­ ployment Discrimination on the Basis of To­ ergy and Commerce. plementation plan in connection with the bacco Use Amendment Act of 1992," pursuant 453. A letter from the Acting Director, De­ Defense Nuclear Facilities Safety Board Rec­ to D.C. Code, section l-233(c)(l); to the Com­ fense Security Assistance Agency, transmit­ ommendation 92-4; jointly, to the Commit­ mittee on the District of Columbia. ting the price and availability report for the tees on Energy and Commerce and Armed 441. A letter from the Chairman, Council of quarter ending December 31 , 1992, pursuant Services. the District of Columbia, transmitting a to 22 U.S.C. 2768; to the Committee on For­ copy of D.C. Act 9-375, "Real Property Tax eign Affairs. REPORTS OF COMMITTEES ON Assessment Appeal Process Revision Amend­ 454. A communication from the President ment Act of 1992," pursuant to D.C. Code, of the United States, transmitting a report PUBLIC BILLS AND RESOLUTIONS section 1-233(c)(l); to the Committee on the on arms control treaty compliance by the Under clause 2 of r ule XIII, reports of com­ District of Columbia. successor states to the Soviet Union and mittees were delivered to the Clerk for print- 1128 CONGRESSIONAL RECORD-HOUSE January 25, 1993 ing and reference to the proper calendar, as By Mr. HUNTER: TER, Mr. GORDON, Mr. BACCHUS of follows: H.R. 564. A bill to authorize leases for 99- Florida, Mrs. MORELLA, Mr. SWETT, Mr. MOAKLEY: Committee on Rules. year terms on the Viejas Indian Reservation; Mr. GENE GREEN of Texas, Mr. House Resolution 19. Resolution to establish to the Committee on Natural Resources. MCDERMOTT, Ms. KAPTUR, Mr. the Select Committee on Aging; with an By Mr. KOLBE: SARPALIUS, Mr. WOLF, Ms. NORTON , amendment (Rept. 103-1). Referred to the H.R. 565. A bill to amend the Congressional Mr. MAZZOLI , Mr. CAMP, Mr. WILSON, House Calendar. Budget Act of 1974 to reform the Federal Mr. DEFAZIO, Mr. PALLONE, Mr. Mr. MOAKLEY: Committee on Rules. budget process, and for other purposes; joint­ ROYCE, Mr. CONYERS, Ms. FURSE, Mr. House Resolution 30. Resolution to establish ly, to the Committees on Government Oper­ BLUTE, Mrs. KENNELLY, Mr. the Select Committee on Aging; with an ations and Rules. KOPETSKI, Mr. PETERSON of Florida, amendment (Rept. 103-2). Referred to the By Mr. MONTGOMERY: Mr. BRYANT, Mr. KILDEE , and Mr. House Calendar. H.R. 566. A bill to amend title 10, United FROST): Mr. MOAKLEY: Committee on Rules. States Code, to provide that the crediting of H.J. Res. 68. Joint resolution to designate House Resolution 23 . Resolution to establish years of service for purposes of computing the months of April 1993 and 1994 as " Na­ the Select Committee on Children, Youth, the retired and retainer pay of enlisted mem­ tional Child Abuse Prevention Month"; to and Families; (Rept. 103-3). Referred to the bers of the Armed Forces shall be m a de in the Committee on Post Office and Civil Serv- House Calendar. the same manner as applies to officers; to ice. Mr. MOAKLEY: Committee on Rules. the Committee on Armed Services. By Mr. YOUNG of Florida: House Resolution 18. Resolution to establish By Mr. ROHRABACHER (for himself, H.J. Res. 69 . Joint resolution to designate the Select Committee on Hunger (Rept. 103- Mr. HERGER, Mr. SOLOMON , Mr. EMER­ the period commencing February 7, 1993, and 4). Referred to the House Calendar. SON, Mr. PORTER, Mr. RAMSTAD , Mr. ending February 13, 1993, and the period com­ Mr. MOAKLEY: Committee on Rules. DOOLITTLE, Mr. SMITH of Oregon, Mr. mencing February 6, 1994, and ending Feb­ House Resolution 20. Resolution to establish MCCOLLUM, Mr. SCHIFF , Mr. KYL, Mr. ruary 12, 1994, as " National Burn Awareness the Select Committee on Narcotics Abuse BAKER of Louisiana, Mr. MOORHEAD , Week"; to the Committee on Post Office and and Control; with an amendment (Rept. 103- Mr. RAVENEL, Mr. BURTON of Indiana, Civil Service. 5). Referred to the House Calendar. Mr. GALLEGLY, Mr. Goss. Mr. Cox, By Mr. FRANKS of Connecticut (for Mr. GILLMOR, Mr. DORNAN , Mr. himself, Mr. GILCHREST, and Mr. WIL­ MCHUGH, Mr. BAKER of California, SON): PUBLIC BILLS AND RESOLUTIONS Mr. SMITH of New Jersey, Mr. H.J. Res. 70. Joint resolution proposing an Under clause 5 of rule X and clause 4 SPENCE, Mr. TAYLOR of North Caro­ amendment to the Constitution of the Unit­ lina, Mrs. BENTLEY, Mr. SENSEN­ ed States to provide for 4-year terms for Rep­ of rule XXII, public bills and resolu­ BRENNER, Mr. LEVY, Mr. LINDER, Mr. resentatives, to limit the number of consecu­ tions were introduced and severally re­ MYERS of Indiana, Mr. BLUTE, Mr. tive terms Representatives and Senators ferred as follows: POMBO, Mr. GINGRICH, Mr. HANCOCK , may serve, and to limit the total number of By Mr. ACKERMAN (for himself, Mr. Mr. SAM JOHNSON of Texas, Mr. terms Representatives and Senators may BROWN of California, Mr. GONZALEZ, ROYCE, and Mr. UPTON): serve; to the Committee on the Judiciary. Mr. JACOBS, Mr. LANTOS, Mr. MFUME, H.R. 567 . A bill to amend the Internal Rev­ By Mr. MACHTLEY: Mr. RAVENEL, and Mr. SHAYS): enue Code of 1986 to increase the dollar limi­ H. Con. Res. 21. Concurrent resolution ex­ H.R. 559. A bill to amend the Packers and tation on the 1-time exclusion of gain from pressing the sense of the Congress that any Stockyards Act, 1921, to make it unlawful for sale of a principal residence by individuals health care reform legislation that is en­ any stockyard owner, market agency, or who have attained age 55, to increase the acted to meet the health care needs of the dealer to transfer or market nonambulatory amount of the unified estate and gift tax people of the United States should emphasize livestock, and for other purposes; to the credits, and to reduce the tax on capital disease prevention and encourage the devel­ Committee on Agriculture. gains; to the Committee on Ways and Means. opment of healthy lifestyles; to the Commit­ By Mr. ACKERMAN: By Mrs. SCHROEDER (for herself and tee on Energy and Commerce. H.R. 560. A bill to amend the Public Health Ms. SNOWE): By Mrs. SCHROEDER (for herself and Service Act to establish programs to in­ H.R. 568. A bill to amend the Public Health Ms. SNOWE): crease the supply of professional nurses and Service Act to provide for the development H. Con. Res. 22. Concurrent resolution ex­ provide educational assistance to nurses, and and operation of centers to conduct research pressing the sense of the Congress with re­ for other purposes; jointly, to the Commit­ with respect to contraception and centers to spect to contraception and infertility; to the tees on Energy and Commerce and Ways and conduct research with respect to infertility, Committee on Energy and Commerce. Means. and for other purposes; to the Committee on By Mr. HOYER: By Mr. CONDIT (for himself, Mr. Energy and Commerce. H. Res. 39. Resolution electing Representa­ BAKER of Louisiana, Mr. BARRETT of By Mr. WASHINGTON: tive Sabo of Minnesota to the Committee on Nebraska, Mr. DOOLEY, Mr. DOO­ H.R. 569. A bill to authorize the National the Budget; considered and agreed to. LITTLE, Mr. EMERSON, Mr. PETE Institute of Corrections to make grants to By Mr. PENNY: GEREN of Texas, Mrs. LLOYD, Mr. States to carry out family unity demonstra­ H. Res. 40. Resolution concerning United OXLEY, Mr. MONTGOMERY, Mr. QUIL­ tion projects; and for other purposes; to the States assistance to Nicaragua; to the Com­ LEN, Mr. SENSENBRENNER, Mr. THOM­ Committee on the Judiciary. mittee on Foreign Affairs. AS of Wyoming, Mr. ZELIFF, Mr. By Mr. WELDON: By Mr. WELDON (for himself, Mr. SKEEN, Mr. PICKETT, Mr. STENHOLM, H.R. 570. A bill to amend the Comprehen­ LEACH, and Mr. SHAYS): Mr. BALLENGER, Mr. ENGLISH of Okla­ sive Environmental Response, Compensation H. Res. 41. Resolution requiring that travel homa, Mr. ANDREWS of New Jersey, and Liability Act of 1980 to provide specific awards that accrue by reason of official trav­ Mr. JACOBS, Mr. SCHIFF, and Mr. definition of the requirement that a pur­ el of a Member, officer, or employee of the SUNDQUIST): chaser of real property make all appropriate House of Representatives be used with re­ H.R. 561. A bill to ensure the Federal agen­ inquiry into the previous ownership and uses spect to official travel; to the Committee on cies establish the appropriate procedures for of the real property in order to qualify for House Administration. assessing whether or not Federal regulations the "innocent landowner" defense; to the By Mr. WELDON (for himself and Mr. might result in the taking of private prop­ Committee on Energy and Commerce. ANDREWS of New Jersey): erty, and to direct the Secretary of Agri­ By Mr. WELDON (for himself, Mr. H. Res. 42. Resolution establishing a Select culture to report to the Congress with re­ WOLF, Mr. MCHUGH , Mr. GINGRICH, Committee on Disaster Preparedness and Re­ spect to such takings under programs of the and Mr. HOCHBRUECKNER): sponse; to the Committee on Rules. Department of Agriculture; jointly, to the H.R. 571. A bill to improve the collection, H. Res. 43. Resolution to amend the Rules Committees on the Judiciary and Agri­ analysis, and dissemination of information of the House of Representatives to establish culture. that will promote the recycling of municipal a Citizens' Commission on Congressional By Mr. DORNAN: solid waste; to the Committee on Energy and Ethics, and for other purposes; to the Com­ H.R. 562. A bill to amend the Internal Rev­ Commerce. mittee on Rules. enue Code pf 1986 to deny the deduction for By Mr. COLEMAN (for himself, Mr. medical expenses incurred for an abortion; to EVANS, Mr. JOHNSON of South Da­ the Committee on Ways and Means. kota, Mr. CRAMER, Mr. BILIRAKIS, Mr. MEMORIALS H.R . 563. A bill to amend the Internal Rev­ SLATTERY, Mr. KLECZKA, Ms. enue Code of 1986 to allow a deduction for MALONEY, Mr. WALSH, Mr. PETE Under clause 4 of rule XXII, memori­ adoption expenses; to the Committee on GEREN of Texas, Mr. MCHUGH, Ms. als were presented and referred as fol­ Ways and Means. PELOSI, Mr. DE LA GARZA , Mr. HUN- lows: January 25, 1993 CONGRESSIONAL RECORD-HOUSE 1129 30. By the SPEAKER: Memorial of the Leg­ R.R. 124: Mr. OXLEY, Mr. SOLOMON, Mr. AMENDMENTS islature of the State of Alaska, relative to SUNDQUIST, Mr. SAXTON, Mr. LIVINGSTON, and travel and tourism; to the Committee on En­ Mr. BAKER of California. Under clause 6 of rule XXIII, pro­ ergy and Commerce. R .R. 179: Mrs. LLOYD and Mr. WHEAT. posed amendments were submitted as 31. Also, memorial of the Legislature of the R .R. 300: Mr. PETERSON of Minnesota, Mr. follows: State of Alaska, relative to U.S. military fa­ HUTCHINSON, Mr. GOODLATTE, Mr. SPENCE, H. RES. 18 cilities; to the Committee on Foreign Af­ Mr. KING, Mr. FAWELL, Mr. MURPHY, Mr. cox. fairs. Mr. GINGRICH, Mr. FIELDS of Texas. Mr. By Mr. SOLOMON of New York: 32. Also, memorial of the Legislature of the WYNN, Mr. BILBRAY, Mr. ROWLAND, Mr. -At the end of the resolution. add the fol­ State of Alaska, relative to travel advisories; SKEEN, Mr. INGLIS, Ms. MOLINARI, Mr. lowing new section: BALLENGER, Mr. CUNNINGHAM, Mr. to the Committee on Foreign Affairs. "TERMINATION OF SELECT COMMITTEE" 33. Also. memorial of the Legislature of the BLACKWELL, Mr. LINDER, Mr. GUNDERSON, Mr. State of Alaska, relative to military spend­ BLUTE, Mr. MANZULLO, and Mr. POSHARD. "SEC. 7. (a) Notwithstanding any other pro­ ing and budget deficit reduction; to the Com­ H.R. 349: Mr. TORKILDSEN, Mr. SAM JOHN­ vision of this resolution, the select commit­ mittee on Government Operations. SON of Texas, Mr. MANN, Mrs. LLOYD, Mr. tee shall cease to exist on December 31, 1993. 34. Also, memorial of the Legislature of the BALLENGER, and Mr. ROYCE. "(b) The records, files and materials of the H.R. 557: Mr. SAXTON and Mr. SMITH of New State of Alaska, relative to recreational ves­ select committee shall be transferred to the Jersey. Clerk of the House.". sels; to the Committee on Merchant Marine H.J. Res. 9: Mr. KLUG, Mr. BARRETT of Ne­ and Fisheries. braska, Mr. INGLIS, Mr. SUNDQUIST, Mr. H. RES. 19 35. Also, memorial of the Legislature of the BAKER of Louisiana, Mr. BARTLETT, Mr. BE­ State of Alaska, relative to bowhead whale; By Mr. SOLOMON of New York: REUTER, Mr. BUYER, and Mr. BALLENGER. -At the end of the resolution, add the fol­ to the Committee on Merchant Marine and H.J. Res. 27: Mr. RAMSTAD, Mr. SOLOMON, lowing new section: Fisheries. Mr. SUNDQUIST, Mr. GINGRICH, Mr. BAKER of 36. Also, memorial of the Legislature of the Louisiana, and Mr. HYDE. "Sec. 7. Termination of Select Committee. State of Alaska, relative to establishing a H. Con. Res. 3: Mr. BARTLETT and Mr. TAY­ "(a) Notwithstanding any other provision national mandatory seafood inspection pro­ LOR of North Carolina. of this resolution, the select committee shall gram; jointly, to the Committee on Mer­ H. Con. Res. 13: Mr. OXLEY, Mr. HENRY, Mr. cease to exist on December 31, 1993. chant Marine and Fisheries and Energy and PACKARD , Mr. FAWELL, Mr. PORTER, Mr. SOL­ "(b) The records, files and materials of the Commerce. OMON, Mr. SUNDQUIST, Mr. BARRETT of Ne­ select committee shall be transferred to the braska, Mr. DORNAN, Mr. SAXTON, and Mr. Clerk of the House.". LIVINGSTON . . PRIVATE BILLS AND H. Res. 16: Mr. SAM JOHNSON of Texas. H. RES. 20 RESOLUTIONS H. Res. 18: Mr. FILNER. By Mr. SOLOMON of New York: H. Res. 20: Mr. RUSH, Mr. FRANKS of Con­ Under clause 1 of rule XX:II, private necticut, Mrs. CLAYTON, Mr. UNDERWOOD, Mr. -At the end of the resolution, add the fol­ bills and resolutions were introduced BAESLER, and Mr. WYNN. lowing new section: and severally referred as follows: H. Res. 23: Mr. MILLER of California, Mr. "Sec. 7. Termination of Select Committee. By Mr. FISH: WHEAT, Mrs. LLOYD, Mr. ACKERMAN, Ms. "(a) Notwithstanding any other provision R.R. 572. A bill for the relief of Melissa MALONEY, Mr. REED, Mr. DELLUMS, Mr. AN­ of this resolution, the select committee shall Johnson; to the Committee on the Judiciary. DREWS of New Jersey, Mr. FORD of Tennessee, cease to exist on December 31, 1993. Mr. LANTOS, Mr. MURPHY, Mr. NEAL of Mas­ By Mr. HUNTER: "(b) The records, files and materials of the sachusetts, Mr. ORTIZ, Mr. OWENS, Ms. LONG, R.R. 573. A bill for the relief of Sanae select committee shall be transferred to the Mr. MATSUI, Mr. PARKER, Ms. VELAZQUEZ, Takahashi; to the Committee on the Judici­ Clerk of the House.". ary. Mr. MCDERMOTT, Mr. STOKES, Mr. GEJDEN­ SON, Mr. SERRANO, Mrs. VUCANOVICH, Mr. H. RES. 23 WYDEN, Mr. YATES, Mr. KLECZKA, Mr. HOLD­ By Mr. SOLOMON of New York: ADDITIONAL SPONSORS EN, Mr. FOGLIETTA, Ms. WOOLSEY, Ms. -At the end of the resolution, add the fol­ Under clause 4 of rule XX:II, sponsors SCHENK, Mr. TUCKER, Mr. FILNER, Ms. lowing new section: MARGOLIES-MEZVINSKY, Ms. BROWN of Flor­ were added to public bills and resolu­ ida, Mr. HINCHEY, Ms. FURSE, Ms. ROYBAL­ "Sec. 7. Termination of Select Committee. tions as follows: ALLARD, Mr. WYNN, Mr. FRANK of Massachu­ "(a) Notwithstanding any other provision R.R. 85: Mr. QUINN, Mr. FAWELL, and Mr. setts, Mr. PAYNE of New Jersey, Mr. STUPAK, of this resolution, the select committee shall PETRI. Mr. WATT, Mr. RICHARDSON, Mr. MAZZOLI, cease to exist on December 31, 1993. R.R. 86: Mr. QUINN, Mr. FAWELL, Mr. TAY­ Ms. PELOSI, Mr. MEEHAN, Mr. MCHALE, Mr. "(b) The records, files and materials of the LOR of North Carolina, and Mr. PETRI. BEVILL, Mr. BORSKI, Mr. SCOTT, Mr. APPLE­ select committee shall be transferred to the R.R. 87: Mr. QUINN, Mr. FAWELL, Mr. TAY­ GATE, Mrs. COLLINS of Illinois, Mr. DE LUGO, Clerk of the House.". LOR of North Carolina, and Mr. PETRI. Ms. KAPTUR, Mr. GENE GREEN of Texas, Mr. R.R. 116: Mr. FAWELL and Mr. CRANE. HALL of Ohio, Mr. TOWNS, Mr. RAHALL, Mr. H. RES. 30 H.R. 118: Mr. MCCLOSKEY, Mr. SKEEN, Mr. DEFAZIO, Mr. POSHARD, Mr. BOUCHER, Mr. By Mr. SOLOMON of New York: LAUGHLIN, Mr. GONZALEZ, Mr. FROST, and Mr. VALENTINE, Mr. BAESLER, Mr. BECERRA, Mr. -At the end of the resolution, add the fol­ KOPETSKI. CONYERS, Mr. TRAFICANT, Mr. SKELTON, Mr. lowing new section: R .R. 123: Mr. OXLEY, Mr. LIPINSKI, Mr. COLEMAN of Texas, Mr. ROSE, Mr. ROMERO­ "Sec. 7. Termination of Select Committee. HENRY, Mr. PACKARD, Mr. MYERS of Indiana, BARCELO, Mr. GILMAN, Mr. VENTO, Mr. MAR­ Mr. FAWELL, Mr. MCCRERY, Mr. MCCANDLESS, KEY, Mr. MORAN, Mr. SLATTERY, and Mr. "(a) Notwithstanding any other provision Mr. SOLOMON, Mr. SUNDQUIST, Mr. GALLO, Mr. FIELDS of Louisiana. of this resolution, the select committee shall BARRETT of Nebraska, Mr. DORNAN, Mr. H. Res. 31: Mr. Goss, Mr. PORTER, Mr. HAN­ cease to exist on December 31, 1993. BROWDER, Mr. SHUSTER, Mr. SAXTON, Mr. COCK, and Mr. SENSENBRENNER. "(b) The records, files and materials of the LIVINGSTON, Mr. BAKER of California, and Mr. H. Res. 32: Ms. SNOWE, Mr. MICA, Mr. SEN­ select committee shall be transferred to the MOORHEAD. SENBRENNER, and Mr. TuCKER. Clerk of the House.". 1130 EXTENSIONS OF REMARKS January 25, 1993 EXTENSIONS OF REMARKS INNOCENT LANDOWNER DEFENSE very confusing situation, but it will restore the stellar 42-year career in law enforcement. To ACT original intent of the innocent landowner de­ those who understand the magnitude of Bill fense-it will encourage the testing of sites for Brooks's contribution not only to his own contamination, increasing the likelihood that department but to all of law enforcement, HON. CURT WELDON there will be a note of sadness in this. The OF PENNSYLVANIA contaminated sites will be found and cleaned job just always seemed to fit Brooks like a IN THE HOUSE OF REPRESENTATIVES up. glove. This legislation provides the guidance cru­ For those who have known Brooks, he was Monday, January 25, 1993 cial to assessing the risk associated with haz­ always the right man for the job-the kind of Mr. WELDON. Mr. Speaker, I rise today to ardous waste sites. It would allow for the real­ person who ought to stay on for just four reintroduce the Innocent Landowner Defense ization of the original goals of the Superfund more years. Act, to clarify what is required by "all appro­ legislation, while leaving the original statute While many will miss his leadership and priate inquiry into the previous ownerships and unchanged in terms of liability. vision. all must know that Bill Brooks has a perfect right to choose the time of his depar­ uses of the property" as defined by the 1986 ture. Superfund Amendments Reauthorization Act " I have some family obligations," Brooks [SARA] to Superfund. A TRIBUTE TO SHERIFF BILL said. His wife Liz wants to travel, " and The 1986 SARA amendments included sev­ BROOKS there's so much of this country I've never eral exemptions for the liability of site clean­ seen," he said. " My family has been so pa­ ui:r--an important one being the innocent land­ HON. MICHAEL J. KOPETSKI tient throughout my career and there are a lot of things we didn't get a chance to do owners defense provision. This provision al­ OF OREGON lows for an exemption of liability to a land­ that normal people get to do, because of the IN THE HOUSE OF REPRESENTATIVES owner who has not contributed to the contami­ job," Brooks said. The first stop in January Monday, January 25, 1993 for Bill and Liz will be visiting family mem­ nation of a site and has made all appropriate bers in the San Francisco Bay area. inquiry into the previous uses of the property. Mr. KOPETSKI. Mr. Speaker, I rise to rec­ Where does a story about Bill Brooks begin The intent of the innocent landowner de­ ognize the distinguished 42-year law enforce­ and end? fense was to encourage the uncovering of ment career of Clackamas County Sheriff Bill How much of his nine-page single-spaced contaminated sites which could then be Brooks. At the end of 1992, Sheriff Brooks re­ resume could we list? The honors and accom­ cleaned up. It was meant as a narrow excep­ tired after serving as the Clackamas County plishments were so many for so long. Brooks tion to protect those considering the acquisi­ Sheriff since 1983. may be the best known and respected law en­ tion of land from future liability. Unfortunately, forcement official in Oregon today. Former At the time of his retirement, Sheriff Brooks governor Neil Goldschmidt noted that the definition of all appropriate inquiry was was the president of the Oregon State Sher­ Brooks's influence and prestige have always never made clear in the SARA legislation, re­ iff's Association. A brief listing of Sheriff extended far beyond the Clackamas County sulting in confusion as to the requirement for Brooks service and awards includes: Past Sheriffs Department. Goldschmidt was so assessing a site for contamination. This lack president of the Oregon City Chamber of impressed with Brooks's total view and un­ of clarification has left the land purchaser with Commerce; 1985 Sheriff of the Year; 1990 Or­ derstanding of law enforcement and correc­ a dilemma. Even the most expensive and ex­ egon City First Citizen; Enterprise Courier tions issues that he appointed him to his 17- tensive site assessments may not prevent the 1990 Public Citizen; Oregon Criminal Justice member transition team when he won the landowner from later being held liable for con­ governorship. Former Governor Vic Atiyeh Council, 7 years service; Oregon Medical Ex­ named Brooks to his Oregon Criminal Jus­ tamination. aminers Advisory Board, 4 years service; past tice Council on which he served from 1985 to The Innocent Landowners Defense Act is chair of the Clackamas County Law Enforce­ 1990. There is Bill Brooks. the community designed to define what is meant by "all ap­ ment Council; Oregon National Guard Asso­ booster and former president of the Chamber propriate inquiry," putting an end to the confu­ ciation, "for dedicated service"; and Oregon of Commerce. There is Bill Brooks, reserve sion and allowing landowners to protect them­ National Guard Association, "for selfless devo­ officer and former commander of the Oregon selves from liability. tion." Civil Defense Forces, and Bill Brooks, the Specifically, this legislation calls for a phase Sheriff Brooks has counseled me on law en­ military helicopter pilot, and Bill Brooks, I environmental audit-an investigation of the the sheriff of the year in 1985. forcement issues dating back to my days in Maybe a good point of departure is Bill property conducted by an environmental pro­ the Oregon State Legislature. Oftentimes, he Brooks, the 15-year-old boy on vacation with fessional-defined in the legislation-to dis­ has been the teacher and I, the student. his parents in Newport, Ore., in August of cover the presence of hazardous substances Mr. Speaker, Sheriff Bill Brooks career in 1945. The war was over, Bill's father had through the following sources: law enforcement is unparalleled in the State of worked without a day off throughout the First, chain of title documents for the past Oregon. Without a doubt, Sheriff Bill Brooks is war, setting up assembly line operations in 50 years. one of the finest public servants ever to serve aviation-related industries. Second, available aerial photographs of the There were Bill and his father, Mark, and Clackamas County. Sheriff Brooks will be his mother, Ann, parked in their car in a property. missed throughout the communities of my dis­ Third, Superfund liens against the property. state park overlooking the jetty, watching trict. However, we all look forward to continu­ the sun sink on the horizon on the beautiful Fourth, Federal, State, local government ing our work with our dear friend, Bill Brooks. Pacific Ocean. Bill's father turned to him records of activities causing release of hazard­ I attach an article for the RECORD from the and said, " I can't think of a single reason to ous substances. Oregon City News, detailing the life and ca­ go back to St. Louis, Missouri, can you?" He Fifth, a visual site inspection of the property. reer of Bill Brooks. turned to Ann and asked her the same ques­ If these criteria are met, an individual would tion: "Can you?" Three no's made a decision, BROOKS ENDS 42-YEAR CAREER IN POLICE be recognized as conducting all appropriate and soon Mark was building houses in New­ WORK port and later running the bus garage oper­ inquiry. (By Ray Horn) This legislation in no way changes the liabil­ ation for the Lincoln Country School Dis­ ity scheme of Superfund. It is a clarifying cor­ When the clock ticks off the seconds at trict. Ann was a teacher and writer and kept midnight Dec. 31 into the new year, life will working on some of her 42 books of history rection which enables courts and potential change for Clackamas County Sheriff Bill and fiction. landowners to determine exactly what is need­ Brooks. " Newport was a close-knit town in those ed to fulfill all appropriate inquiry require­ For the first time in his adult life, Brooks years," Bill remembers. It was a good place ments. Not only will this legislation clear up a will be a civilian. The curtain will close on a to grow up. Youths are impressionable in

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. January 25, 1993 EXTENSIONS OF REMARKS 1131 these years, and there were several groups of ing. There was an opening in August 1953, found the political side of the job wasn't that people Bill grew to respect and admire in and Bill Brooks was hired to fill the position, unfriendly," he said, "I found that there Newport. There were the Oregon State becoming the fourteenth member of what were a lot of consensus builders," he added. Troopers stationed in Newport. "They were had been a 13-member force. "The political environment wasn't that bad. always friendly to kids and well liked," he The Sheriff's Department ran two shifts I found most of the mayors and city man­ said. Then there was the U.S. Coast Guard only in those years, a day shift and a night agers were willing to help out." and its life-saving missions across the shift that went off at 3 a.m. "If there was a Brooks grew in stature. He said he made up Yaquina Bay bar or at sea. Later, young Bill call after 3 a.m. that wouldn't hold, we his mind to never "try to use any form of po­ Brooks would be part of the U.S. Coast would wake up an off-duty person," Brooks litical leverage even though I've seen it used Guard's Yaquina Bay Group and make 217 said. "We didn't have detectives then. If we by others. I also remembered something my rescue missions through surf and storm and had plainclothes work to do, we would father used to say. He said never treat any­ fog. change clothes. There weren't any cover cars one any differently in any situation than Character and personality were forming in or backup cars then." you would want to be treated in the same the young man. He loved to help people and Brooks's devotion to the department and situation. You've got to be ethical if you're he enjoyed the intensity of a 36-foot double­ superior performance earned rapid pro­ going to be trusted." ended motor lifeboat barrelling through motions. When Joe Shobe became sheriff in Respect and trust are hard to win for pub­ heavy surf, or the adrenalin rush of stopping, 1957, Brooks was promoted to sergeant, lic figures, but Brooks did this. "I think one disarming and arresting two robbery sus­ where he ran the day shift and still took one of the greatest compliments I ever had was pects in rural Clackamas County, as he patrol himself. Clackamas County began to when I heard Jack Smith of Gladstone say would later do. grow by 6,000 to 7 ,000 people a year in the that 'if Bill says he needs it, that's good Bill Brooks joined the Coast Guard in 1949 1960s, so the sheriff's department also began enough for me.'" and spent three years on active duty. His job to grow, "although we were always lagging Brooks did something else that gained pub­ title, damage control man, meant he was a behind the curve," Brooks said. lic trust in himself and his department. He firefighter, a welder, painter, and shallow Brooks became one of the department's first two lieutenants in 1960 and took com­ reached out to the community by offering to water diver. He was on a cutter bound for serve in other capacities-as he did as presi­ Pearl Harbor when the Korean War broke mand of the uniformed division and detec­ tives. In 1964 he changed positions, taking dent of the Tri-Cities Chamber of Commerce. out and was briefly diverted to Korean wa­ He tried to see the world and his depart­ over the service division. It was in this posi­ ters, where his ship was given a list of shore ment through the eyes of others. He said targets. tion that Sheriff Joe Shobe found that Brooks was the man of the hour with his ad­ John Mcintire, the former Clackamas Coun­ Bill joined the Coast Guard because he ty Director of Public Works and Transpor­ wanted to work on search and rescue mis­ ministrative skills. Running a police agency became more complicated in the mid-60s. tation, jolted him into realizing that his sions, but found one of his assignments per­ frame of reference was too limited. "You are fectly boring-when he spent one tour of There was an explosion of paperwork, Brooks said. so intensely devoted to the sheriffs depart­ duty on the supply freighter Yngala, cruising " We got buried with paperwork almost ment to the point that it does you harm. You the Aleutians to Point Barrow and back. overnight," he said. Deputies were covered need to look at the whole picture in Bill's fondest Coast Guard memories were by civil service in the early 60s, and then Clackamas County," Mcintire told Brooks. the rescue calls on the lifeboat crew out of came unions and government grants and the One of the reasons Brooks joined the Yaquina Bay. Some of these missions were paperwork that went with them. In his Chamber of Commerce was to broaden his intense, hair-raising experiences; like the scrapbooks, which have been put together by perspective beyond his vantage point of sher­ day the fog was so thick that visibility was several of his grandchildren, time and time iff. " I joined the Chamber because I thought zero, yet a 60-foot yacht from British Colum­ again there are letters from Shobe or job it was broader based than some of the other bia had hit the rocks on the north side of the evaluation forms attesting to Brooks's skills service clubs I could have joined," he said. "I jetty. A technician had just installed the as an administrator. It appeared that every wanted to see a different viewpoint than law new S-U or surface radar on the motor life­ sheriff since Joe Shobe realized that the best enforcement. How do business people see law boat and urged his shipmates to have faith­ way to make their work run more smoothly enforcement? I learned a lot in the Chamber. he could get them out and back without any was to turn over as many administrative I saw that there is a lot of distrust of govern­ visual navigation. "The fog was so dense functions as possible to Bill Brooks. ment. There is a feeling that no one is that when we got to the boat we threw a line When chief deputy Fred Abelle died in 1968, watching out for the little guy." onto their deck without ever seeing anyone. Shobe asked Brooks to become chief deputy, Seeing the big picture is something Brooks We could hear voices and later learned that a position he held until 1977, when incoming has always done in his profession. He could the line hit someone on their deck when we sheriff John Renfro abolished the position have limited his service to running his own threw it." Another memorable run on the and created a new two-bureau system to re­ department, but he always saw the connec­ lifeboat was mission Christmas one year place a seven-division system. Renfro served tion between law, courts, society, and state when the Newport bar was so rough that the one term and chose not to seek another. and federal government as it related to law boat had to ride out the storm for four days Paul McAllister was elected sheriff in 1981, enforcement. That's why he assumed tasks offshore. abolished Renfro's administrative system, like lobbying the legislature on behalf of the Bill spent some of his Coast Guard tour pa­ and asked Brooks to become undersheriff Oregon law enforcement community. He was trolling coastal rivers with a 27-foot boat again. Bill was comfortable in the job and Oregon Law Enforcement Legislative Com­ and was often accompanied by Oregon State the department seemed to be on an even keel mittee chairman in 1986 and 1987. Police fish and game officers. Here, again, he until McAllister was indicted following the While Sheriff Bill Brooks was doing all of was highly impressed with the quality of per­ discovery of an electronic bug on Clackamas the above, citizen Bill Brooks was contribut­ sonnel with O.S.P. and thought about becom­ County Commissioner Ralph Groener's phone ing to his city, county, state and nation in ing a policeman when his three-year enlist­ in 1983. McAllister's chief of detectives, Pat many other capacities. He was, for instance, ment ended in 1951. Reed, had gotten a little overzealous. And commander of the Oregon Defense Forces Twenty-one-year old Bill Brooks joined the more: when the bug fell out of the phone, the until time conflicts became too burdensome Multnomah County Sheriffs Department in initials I.R.S. were on the device. An illegal after he became sheriff in 1983. Brooks be­ December of 1951, completed a three-week bug is bad enough, but trying to implicate came chief of staff of the Oregon Defense training course, and was on the street where another agency is worse yet. So McAllister Forces in 1980. The 500-member force be­ he began his on-the-boat education. His next had to fall. It was tragic, because he too had comes the state's only internal military career move was to the West Linn Police De­ had a distinguished career as a policeman force when the Army National Guard is partment in April 1952. "I enjoyed the job and as a prosecuting attorney. called up for national emergencies. there, but pretty soon you realize you're just With McAllister's resignation, the county Brooks was more than a good adminis­ seeing the same old street lights every night. commission had to appoint a sheriff. Brooks, trator and an effective politician. He was al­ We were on the same frequency as the coun­ Ris Bradshaw, and Capt. Jerry Johnson de­ ways on the leading edge of new develop­ ty and you could hear all all of the stuff livered McAllister's letter of resignation and ments in law enforcement. His leadership going on out in the county. So I started told the commissioners that they each felt brought the first enhanced 911 system in Or­ thinking I didn't want to be chasing the qualified to handle the job. Commissioner egon to Clackamas County. In 1985 he was same taillights for the rest of my life and Bob Shumacher later called Brooks and lauded by his peers for a number of outstand­ thought about the county as being a place asked if he would accept the position. "I had ing innovations. Clackamas County began with more action." felt comfortable in the role of chief deputy the first utility workers watch program in Bill approached Clackamas County Sheriff and I was cautious about the political as­ the state that year. Utility workers were Fred Reaksecker and told him he would like pects of being sheriff," Brooks said. trained in skills which helped them spot ille­ to work for the Clackamas County Sheriff's What he feared the most became Brook's gal activities in the neighborhoods where Department if and when there was an open- long suit: his ability to work with people. "I they worked. Construction of the C-Com 1132 EXTENSIONS OF REMARKS January 25, 1993 communications center began in 1985. "Infor­ dividuals to utilize private property vital policy show the American people that we mean busi­ mation based" patrol assignments began in areas for congressional consideration. ness and not business as usual. I urge Mem­ 1985. Utilizing data on the place and time of If enacted, the Private Property Protection bers to join in support of this effort to show crimes, patrols could be assigned on the Act will help avoid these problems. This meas­ taxpayers that we are part of the solution in­ basis of proven need. The sheriff's depart­ ment incorporated its data base with all ure can prevent inadvertent takings of con­ stead of the root of the problem. local police departments in 1985 and soon re­ stitutionally guaranteed property rights and corded up to 250.000 computer transactions a thus reduce Federal Government's financial li­ month. ability for such takings. It is a simple mecha­ COMMENDING FINANCIAL MAN- Asked how he thinks he may feel when he nism which will cause Federal agencies to AGEMENT REFORMS DURING wakes up J a n. 1, 1993, Brooks said, " I've consider the impact of their regulations on pri­ THE BUSH ADMINISTRATION never really thought about it." He did say he vate property rights before they are imple­ feels good about his successor, Ris Bradshaw. " I feel good that he is highly competent and mented. The Private Property Protection Act HON. WILLIAM F. CLINGER, JR. will do a good job." Brooks said he believes will serve as an effective tool in the operation OF PENNSYLVANIA he is leaving the department in better shape of regulatory programs and may make them IN THE HOUSE OF REPRESENTATIVES than it was in 1983 when he became sheriff. more efficient since it will require regulators to Monday, January 25, 1993 A long career on the order of Bill Brooks's better understand the result of their actions. is a long personal history of days and nights We have coming to a turning point in envi­ Mr. CLINGER. Mr. Speaker, nearly 4 years and years of getting up every day and setting ronmental regulatory policy. When regulations ago, the incoming Bush administration was out on a mission. It was his good fortune-­ are imposed without proper compensation or confronted with some of the greatest Govern­ and ours too-that he was so well suited for ment management problems in the history of what he did. due regard for the constitutional protection provided for in the fifth amendment, they do in the Republic. Newspaper headlines of those fact, create a taking. Regulators must not be days were awash with management scandals PRIVATE PROPERTY PROTECTION allowed to turn capable stewardship into a li­ at the Department of Housing and Urban De­ ACT OF 1993 ability by removing or infringing on landowners velopment, the savings and loan crises, thou­ constitutional rights. sand dollar hammers, and warehouses of un­ HON. GARY A. CONDIT William H. Taft once stated that- accounted supplies. At that time, the House Government Oper­ OF CALIFORNIA Next to liberty, the right of property is the ations Committee, along with our colleagues in IN THE HOUSE OF REPRESENTATIVES most important individual right guaranteed by the Constitution and the one which, unit­ the Senate Committee on Governmental Af­ Monday, January 25, 1993 ed with that of personal liberty, has contrib­ fairs, began a series of hearings on the man­ Mr. CONDIT. Mr. Speaker, I rise today to in­ uted more to the growth of civilization than agement practices of the executive branch. troduce a bill entitled, the "Private Property any other institution established by the What quickly became crystal clear was the Protection Act of 1993." human race. lack of sound financial management practices The Private Property Protection Act of 1993 If we are going to protect the rights of indi­ within the Federal Government. Despite dec­ has been introduced to ensure that Federal viduals, then we must have balanced and eq­ ades of leadership in the areas of automation agencies establish appropriate procedures for uitable regulations to assure landowners that and accounting innovation throughout the assessing whether or not Federal regulations their private property rights are secure. 1940's and 1950's, by the late 1980's, the might result in the taking of private property. I hope that you will join me in fighting for the Federal Government's financial management The Private Property Protection Act also di­ rights of individuals by supporting the Private infrastructure was in a deplorable state. rects the Secretary of Agriculture to report to Property Protection Act of 1993. A Government Operations Committee report Congress with respect to such takings under stated, programs of the Department of Agriculture. The Federal Government operates with In just the past 2 years, regulatory takings FREQUENT FLIER BONUS AWARDS many antiquated systems that do not pro­ of property by Federal agencies have become vide adequate information required for effec­ a matter of substantial concern to Congress. HON. CURT WELDON tive management, program funding, and rev­ enue-generating decisionmaking. There are Eleven separate bills were introduced during OF PENNSYLVANIA the 102d Congress, and I expect many more hundreds of separate Federal agency ac­ IN THE HOUSE OF REPRESENTATIVES counting systems, making efforts to monitor to be included with my bill during the 103d Monday, January 25, 1993 and audit programs unnecessarily difficult. Congress. The reasons for these congres­ Meanwhile, billions of dollars are being sional responses are obvious. Mr. WELDON. Mr. Speaker, last year in one spent to upgrade accounting and financial Government policies intended to protect the of the most arrogant moves yet, the House management systems but these efforts are environment have interfered with the constitu­ Administration Committee authorized Members not sufficiently planned or coordinated; tional rights of private landowners. In 1990 and staff to use frequent flier bonus miles for thus, they routinely fail to meet their objec­ alone, 53,000 pages of Federal Government personal travel. Once again, Congress is tives. regulations were issued on the use of private doing what it does best-taking the American By 1989, the General Accounting Office and property. It is not hard to imagine that these taxpayer for a ride, and making them pay for the Office of Management and Budget con­ regulations have placed severe limitations on it. Air Congress loves to fly and it shows. ducted studies which identified high-risk pro­ private property use. Today I am introducing a resolution that will grams in which as many as 78 different prob­ In addition to limiting property use, Federal eliminate the use of frequent flier bonus lems were identified which potentially posed li­ regulations have reduced land values while awards by Members and their staff. The reso­ abilities of hundreds of billions of dollars. creating economic uncertainty and hardships lution will prohibit the application of bonus These serious problems had to be addressed. for property owners. The U.S. Government is miles, accrued during business trips, toward In a proud moment for Government man­ currently facing well over $1 billion in out­ personal travel. agement, the Committee on Government Op­ standing takings claims. In 1990, several of We cannot afford to send Members and erations, the Senate Committee on Govern­ the largest takings judgments in history were staff on Government-sponsored vacations, mental Affairs, and the President's Office of handed down, one totaling $120 million. It has leaving the taxpayer home alone. It's time to Management and Budget came together to also been estimated that farmers could lose start spending taxpayers' money wisely, and find a solution to this rapidly deteriorating 25 to 50 percent of their land equity as a re­ start deficit reduction in our own House. management structure. The result of our ef­ sult of takings of private property. We cannot The Comptroller General has ruled that a forts was the enactment of the Chief Financial ignore the consequences of this possibility frequent traveler benefit is the property of the Officers [CFO's] Act of 1990, which estab­ when economic hardships for individuals are Government. Federal employees are required lished a governmentwide chief financial man­ becoming more and more of a every day oc­ to use any bonus miles earned on Govern­ agement official, a controller, and CFO's in 23 currence. I strongly believe most Americans ment travel for official business, as are Sen­ departments and agencies. The CFO's Act consider takings judgments totaling in the hun­ ators and their employees, and the House was the most important piece of Government dreds of millions of dollars and the ability of in- should be no different. The time has come to management reform legislation since enact- January 25, 1993 EXTENSIONS OF REMARKS 1133 ment of the Budget and Accounting Act of financial systems, and a data base was estab­ of the costs of overhead between the aca­ 1921, which created the General Accounting lished containing essential information about demic community and the Federal Govern­ Office. the status of government financial systems. ment. Abuses like those recently discovered in The Federal budget released by President OMB and Treasury have reviewed detailed colleges and universities helped prompt enact­ Bush on January 6 provides hard evidence agency financial systems plans. Unfortunately, ment of the Chief Financial Officers Act. that the reforms created through enactment of Congress has not done enough to fund the fi­ In addition, the Bush administration identi­ the Chief Financial Officers Act have placed nancial management reforms initiated by the fied several improvements which are needed the Federal Government once again on the Bush administration. The funds provided in in the future. They include-- forefront of management integrity and innova­ 1992 and 1993 were the result of efficiencies First, coordinated efforts are needed to de­ tion. Let me share with you the successes of in other areas identified by President Bush fine financial management personnel needs the Bush administration in the area of financial and transferred for use to improve financial and target critical areas for recruitment and re­ management reform. Some of these were a systems. tention. direct result of the CFO's Act, other accom­ Eighth, the Federal Credit Policy Working Second, additional functional and informa­ plishments were the result of unilateral actions Group, created by the Bush administration tion requirements need to be standardized. taken by the administration. Each of these ex­ separate from the CFO's Act, has- Use of the off-the-shelf software program and amples was provided in the President's annual Instituted quarterly early warning reports to cross-servicing arrangements need to be ex­ budget submission. They include: show significant trends in the performance of panded, to reduce costs and improve the effi­ First, new financial management organiza­ the portfolios of the five major credit agencies. ciency of processing and quality of manage­ tional structures have been established in Established a credit training institute for ment information. OMB and the 23 agencies as required by the agency credit staff. Third, financial managers need to assure CFO's Act. CFO's and Deputy CFO's have Developed standard lender agreements that that the information in financial statements is been appointed and a CFO council and coun­ define the terms and conditions for lenders useful and used. This can be done through cil operations group established. participating in the Government's loan guaran­ the use of performance measures and accel­ Second, OMB prepared and submitted to tee programs. erating the preparation and audit of financial Congress the first governmentwide report on Initiated an automated credit screening statements, in order that they might be avail­ the status of Federal financial management process to improve the loan origination proc­ able for the appropriations process. and a 5-year plan for its improvement as ess. Fourth, since debt collection is often not a called for in the CFO's Act. The plan identified Initiated an automated capability to track de­ high priority at individual agencies and consoli­ initiatives in eight areas: organization, person­ linquent debts referred to the Department of dated collection activities have evidenced im­ nel, accounting standards, financial systems, Justice for litigation and collection. proved performance at lower cost, further con­ internal controls, asset management, commu­ Ninth, the Internal Revenue Service has es­ solidation of debt collection activities and the nications with State and local governments tablished targets for the collection of delin­ feasibility of establishing a central debt collec­ and private contractors, and audited financial quent taxes and initiated quarterly reviews of tion agency should be explored. Also, policy statements. collection performance. officials need to be made more aware of their Third, OMB issued a directive defining the Tenth, the Departments of Agriculture and form and content for financial statements. The ability, under credit reform, to reduce credit Health and Human Services and the State of CFOs Act mandated the first government fi­ subsidies and increase funds available for Maryland have initiated a statewide program nancial statements for departments and agen­ lending, through improved debt collection-in­ to test electronic payment mechanisms for cies. The traditional financial statement format cluding contracting out for private collection benefit transfers. This was the result of years has been expanded to include an overview of services. of research in the use of electronic payment the reporting entity, funded and unfunded li­ A number of people and organizations abilities, funds required to finance unfunded li­ methods for Federal benefits. These mecha­ should be commended for fostering the envi­ abilities, and a comparison of actual expenses nisms promise huge savings if fully imple­ ronment which led to enactment of the CFO's for each program with the budget authority for mented. Act and the management reforms resulting the program. Eleventh, OMB has organized 14 inter­ from the act's requirements. My committee Fourth, a Federal accounting standards ad­ agency teams to develop and agree upon Cha~man, JOHN CONYER~ and ~en ran~ng visory board has been established, with the common program performance measures in minority member Frank Horton, were instru­ former Comptroller General as chairman, to areas such as loans and loan guarantees, mental in the drafting and passage of the recommend accounting standards for Federal health care, regulation and enforcement, and original CFO's Act. They also led the fight to agencies. This settled a 5-year impasse on insurance programs. ensure that funding was later provided for who sets accounting standards for the Federal Twelfth, OMB issued directives involving the CFO's Act reforms. Also to be commended Government. The CFO's Act does not man­ audit of agency financial statements to require are . Senate Committee on Governmental Af­ date the existence of an accounting standards a significant expansion of audit effort, beyond fairs Chairman JOHN GLENN and ranking mi­ board and the Comptroller General, the Sec­ the traditional audit process, in order to as­ nority member WILLIAM ROTH. retary of the Treasury, and the Director of the sess the quality of agencies' internal controls. I particularly want to commend the leader­ Office of Management and Budget should be OMB worked closely with the President's ship at the Office of Management and Budget commended for working together to create a Council on Integrity and Efficiency, the Gen­ for negotiating the final passage of the CFO's mechanism for establishing Federal account­ eral Accounting Office, and the American Insti­ Act and, more importantly, ensuring its suc­ ing standards. tute of Certified Public Accountants to develop cessful implementation. Mr. Frank Hodsoll, Fifth, financial systems functional standards this guidance and initiate training in financial President Bush's Deputy Director of OMB for have been updated for core financial systems, statement auditing for inspectors general and Management, and Mr. Edward J. Mazur, Con­ and established for the payroll/personnel, trav­ other auditors. These directives were required troller at OMB, have worked tirelessly to guar­ el, and seized assets systems. The U.S. to implement the CFO's Act. antee that congressional intent to reform the standard general ledger has been established Thirteenth, 67 government entities and 24 government's financial management practices as a minimum standard for capturing financial government corporations have completed au­ was met. They both, along with their dedicated information within agencies. These reforms dited financial statements containing program staffs, deserve the commendation of this Con­ began as early as 1980 but will require numer­ performance information for 1991 activities. As gress. ous additions years to be fully successful. mandated by the CFO's Act, approximately I am not alone in my high regard for the Sixth, the OMB budget execution data base 120 government entities, plus 24 government work performed by those at the Office of Man­ has been automated by providing for monthly corporations, are preparing in 1993 financial agement and Budget. In the U.S. General Ac­ electronic reporting. This was also the result of statements, which will be subject to audit, for counting Office Transition Series report enti­ efforts begun during the Reagan administra­ 1992 activities. tled, "Financial Management Issues," Comp­ tion and continued throughout the Bush ad­ Fourteenth, OMB has issued new indirect troller General Bowsher stated, 'The CFO Act ministration. cost regulations for colleges and universities, simply will not work without qualified, effective Seventh, $604 million was provided in 1992 to eliminate abuses in the charging of indirect leadership, starting with the Deputy Director and $625 million in 1993 for improved agency costs and to assure a more equitable sharing for Management and the Controller at OMB." 1134 EXTENSIONS OF REMARKS January 25, 1993 This standard was fully met in the appointment ment or disposal facility. The host community of glass and aluminum, we recycle only 13 of the first Controller of OMB's Office of Fed­ and the permit applicant will jointly select an percent of our garbage annually. Recycling is eral Financial Management. This person, who independent contractor to prepare the impact cleaner and more energy efficient than both is key to leading the governmentwide financial statement, which will be paid for by the permit landfills and incineration. Having set up the reform effort, has an extensive financial man­ applicant. The statement is designed to iden­ first comprehensive recycling program in agement background and a strong record of tify and describe first, the economic and other Pennsylvania, I know recycling works at the successful leadership in reforming State gov­ impacts of the facility on the host community, local level. Our recycling programs have pro­ ernment finances. This appointment, as well including impacts on employment, housing, vided substantial savings in county disposal as the selection of an effective Deputy Direc­ public safety and emergency preparedness, costs. · tor for Management who aggressively pushed transportation systems, and recreation amen­ The key to success is information. The suc­ for the act's implementation, was an important ities and tourism; second, the types of wastes cess of recycling in Delaware County should signal of OMB's commitment to making the entering the proposed facility and any health be made available to other officials who are CFO's Act work. effects associated with those wastes; third, the interested in setting up their own programs. Throughout the coming years we will un­ demographic characteristics of the community; My legislation would create a clearinghouse of doubtedly conduct additional oversight hear­ fourth, the presence of any past or existing information on the national level in the EPA. ings to reinforce the mandates of the CFO's waste disposal facilities or Superfund sites; The bill would authorize $500,000 to be Act and other management reform efforts di­ and fifth, the environmental compliance record matched by the private sector. The clearing­ rected by Congress. It will be the charge of of the firm operating the proposed facility. house would provide easy access to informa­ the Clinton administration to continue the ef­ Mr. Speaker, the purpose of the community tion regarding recycling to any interested State forts of President Bush to help ensure that the information statement is not to recommend ap­ or local officials through a toll-free hotline. Federal Government is once again the leader proval or denial of a proposed facility. Rather, Technical assistance would be disseminated in financial management practices and innova­ it is to provide communities needed informa­ through seminars and other resources. tion. tion that is not currently available in the per­ Although the clearinghouse will not eliminate mitting process. Providing communities with the waste problem, it is definitely a step in the this very basic information will enable them to right direction. Recycling can be a clean, cost­ THE NEED TO ALERT CITIZENS TO participate in the siting process at an early effective means to dealing with our garbage WASTE FACILITY SITING PRO­ stage and will enhance the quality of the ulti­ glut. I urge my colleagues to join me in sup­ POSALS mate siting decision. I hope my colleagues port of the Recycling Clearinghouse Informa­ agree that communities should be kept in­ tion Act. HON. MIKE SYNAR formed to the fullest extent so that sound deci­ OF OKLAHOMA sionmaking can take place, and I urge my col­ A TRIBUTE TO YOSHI HONKAWA IN THE HOUSE OF REPRESENTATIVES leagues to cosponsor the legislation. Monday, January 25, 1993 HON. ROBERT T. MATSUI Mr. SYNAR. Mr. Speaker, last Thursday I THE RECYCLING INFORMATION OF CALIFORNIA joined with my friend and colleague, Rep­ CLEARINGHOUSE ACT IN THE HOUSE OF REPRESENTATIVES resentative BILL CLINGER, to introduce H.R. 495, important legislation designed to inform HON. CURT WELDON Monday, January 25, 1993 the public about the impacts of proposed haz­ OF PENNSYLVANIA Mr. MATSUI. Mr. Speaker, I rise today to ardous waste treatment or disposal facilities IN THE HOUSE OF REPRESENTATIVES recognize and honor one of the leaders in the on their communities. Last year, during the health care field, Mr. Yoshi Honkawa, who is Energy and Commerce Committee's markup Monday, January 25, 1993 retiring after 4 years as chairman of the Amer­ of the Resource Conservation and Recovery Mr. WELDON. Mr. Speaker, I rise today to ican Hospital Association's Political Action Act [RCRA] subtitle D reauthorization bill, Mr. reintroduce the Recycling Information Clear­ Committee. In honor of his tremendous leader­ CLINGER and I crafted, and I then sponsored, inghouse Act. This legislation calls for the cre­ ship, commitment, and enthusiasm, the a similar measure for proposed municipal solid ation of a recycling clearinghouse within the AHAPAC is bestowing upon Yoshi the AHA waste treatment or disposal facilities. Although Environmental Protection Agency's [EPA] Of­ Trustee Award for his outstanding service. the provision passed unanimously in commit­ fice of Solid Waste Management. With the Yoshi has been not only a great advocate tee, the year's tight legislative schedule did monumental environmental problems this Na­ for California hospitals, but a wonderful friend not permit House consideration of the RCRA tion faces in the future, it is imperative we ex­ as well. He is always available for advice and bill before adjournment. Because the siting of amine these problems with a modern perspec­ to listen to new ideas. He has brought innova­ waste treatment and disposal facilities-both tive. tion to the development of health policies at hazardous and non-hazardous-is such a America's garbage problem is heavy indeed. the National and State levels. His commitment complex and contentious issue, there is a Each year we generate over 180 million tons and leadership on health care matters is truly need to get local communities who will be im­ of garbage. We discard enough paper in a worthy of praise. pacted by these facilities involved in the deci­ year to build a 12-foot high wall stretching Yoshi is the vice president for government sionmaking on the ground floor. from coast to coast. Every hour we dispose of and industry relations at Cedars-Sinai Medical Mr. Speaker, recent studies have found that 2.5 million potentially recyclable plastic bottles. Center in Los Angeles. He is a member of the a disproportionate number of waste facilities The EPA estimates that this amount of waste California Hospital's Political Action Committee are sited in rural, poor, and minority areas. I will continue to increase rapidly through the Board and is a valuable member of the Cali­ have seen these problems in my own State of year 2000. fornia Health Policy and Data Advisory Com­ Oklahoma where waste disposal companies Our traditional method of disposing of gar­ mission Board, which is a gubernatorial ap­ have targeted rural and Native American com­ bage in landfills is becoming obsolete. Ten pointment. Additionally, he chairs the hospital munities. One common complaint coming from years ago in Pennsylvania, we had over 1,000 data advisory and public information sub­ these communities is that, while the permit active landfills; today we have under 100. In committee. process enables them to ensure that the pro­ addition to dwindling capacity, the cost to As an advocate for improving the quality posed facility will meet regulatory environ­ dump in landfills is skyrocketing. Our latest and efficiency of the delivery of health care, mental requirements, the public is often un­ trend in disposal technology is incineration. Yoshi's dedication has been lifelong. He able to determine what overall effects the facil­ Unfortunately, this method has proven to be served as chairman of the National Council on ity will have on the community. both hazardous and inefficient. Health Planning and Development, under ap­ Citizens deserve to know the impacts on The first step in tackling our waste problem pointment by the Secretary of the Department their community. To correct this deficiency, is to convert from a throwaway society to a re­ of Health and Human Services, and he also H.R. 495 requires that a community informa­ cycling one, by shifting our focus from waste has served as chairman of the State of Cali­ tion statement be prepared prior to the issu­ disposal to waste reduction. Although we pos­ fornia Advisory Health Council, appointed by ance of a permit for a hazardous waste treat- ses the technology to recycle 80 to 90 percent then-Governor Ronald Reagan. January 25, 1993 EXTENSIONS OF REMARKS 1135 In additional to his many appointments, tive operations of the House. The best way to January 30, to honor his life, his accomplish­ Yoshi received the California Hospital Associa­ reform the People's House is to get more of ments and his legacy, and to offer him the tion's Walker Fellowship in 1985 and the Cer­ the people involved. love and respect that he has given to so many tificate of Distinction in 1988 from the Califor­ As the November elections confirmed, the others. nia Association of Hospitals and Health Sys­ American people want change and are de­ tems. In 1988, he received the Health Serv­ manding reform. It is time for us to act. This measure is not a complete solution to the pub­ LET'S START GIVING AMERICAN ices Administration Alumni Association Award lic confidence crises, nor the last word of re­ WOMEN AND MEN CHOICES TO from the University of Southern California. form in this body. But it is a positive step in BE PROUD OF Mr. Speaker, I pay this tribute to my close the right direction. friend Yoshi Honkawa in honor of his accom­ In a recent Washington Post interview, Sen­ HON. PA TRICIA SCHROEDER plishments and contributions to the health care ator JESSE HELMS said of congressional ethics OF COLORADO debate, and I ask my colleagues to join me in reform: "We need to do something to reassure IN THE HOUSE OF REPRESENTATIVES congratulating him on his exceptional leader­ the public we're not a bunch of folks sitting in Monday, January 25, 1993 ship as chairman of the AHA Political Action a back room doing favors for each other." I believe this resolution will do exactly that. Mrs. SCHROEDER. Mr. Speaker, last week Committee. I extend my best wishes to him in was a week that American women won't for­ all of his future endeavors. Passage of this legislation will provide us get. We welcomed in a new administration. with the steam we need to get the ball rolling We celebrated 20 years of a woman's right to on institutional reform. I will press for adoption choose. President Clinton reversed five dev­ FIFTY YEARS OF SERVICE TO THE of this proposal in the House and before the astating regulations that had prevented newly established Joint Committee on the Or­ women from receiving desperately needed PUBLIC, THE ASSOCIATION FOR ganization of Congress. I look forward to the SUPERVISION AND CURRICULUM health services. support of all Members in this body. 1 DEVELOPMENT Yet, this year there will be over 3 12 million unintended pregnancies in the United States, IN HONOR OF BRIAN FOLEY AND mostly due to misused or faulty contraceptive HON. J. DENNIS HASTERT HIS WORK ON BEHALF OF PER­ methods. And, although the Food and Drug OF ILLINOIS SONS WITH AIDS IN NEVADA Administration [FDA] has approved Norplant and Depo-Provera, the costs of these methods IN THE HOUSE OF REPRESENTATIVES are often prohibitive and do not protect against Monday, January 25, 1993 HON. JAMFS H. BIIBRA Y sexually transmitted diseases [STDs]. Al­ OF NEVADA Mr. HASTERT. Mr. Speaker, for 50 years, though the FDA is working on approval for a IN THE HOUSE OF REPRESENTATIVES female condom, it will be the first new barrier­ the Association for Supervision and Curricu­ Monday, January 25, 1993 method available to American women in over lum Development has been dedicated to de­ a decade. After 20 years, the contraceptive veloping leadership for quality education for all Mr. BILBRAY. Mr. Speaker, today I rise to choices that American women and men have students. ASCD believes students are more honor and praise the work of one of Nevada's to protect themselves from unwanted preg­ likely to receive a high quality education when most outstanding and courageous individuals. nancies and sexually transmitted diseases are I rise to not only honor his accomplishments the learning environment provides a balanced limited. but also in the hope that his work will live on Furthermore, the National Center for Health curriculum, offers opportunities for self-direc­ as we strive to find a cure for AIDS. I speak tion, fosters leadership, ensures equity, re­ Statistics estimates that 2.3 million Americans of Brian Foley. are infertile and that as many as 20 percent of spects cultural pluralism, values education for Brian has long been an advocate for per­ these cases are attributable to misdiagnosed democracy, and promotes responsible citizen­ sons with this deadly disease and for many and untreated STD's-one of the only prevent­ ship. years has been at the forefront of Nevada's able causes of infertility. Infertility strikes With affiliates in 50 States, the District of battle to educate our community about the re­ women and men equally and adds billions of Columbia, 9 other countries, and 2 territories, alities of AIDS and the necessity to put our ef­ dollars to our already overburdened health ASCD has been a driving force in improving forts into cures and prevention. In the early care system. days of the epidemic, B;·:3n was one of the the quality of public and private education in That is why Representative OLYMPIA SNOWE first volunteers at Aid for AIDS of Nevada and I are introducing the Contraception and the United States and around the world. [AFAN]. Brian was instrumental in AFAN's ini­ Through exemplary publications, conferences, Infertility Research Centers Act of 1993 to au­ tial success, devoting countless hours and dol­ thorize $30 million for pioneering research on training centers, institutes, and consortiums, lars at a time when most people were still pregnancy prevention, STD prevention, and ASCD has helped education leaders at all lev­ afraid of people with AIDS. cures for infertility by offering continuing sup­ els transform their vision of educational excel­ As word of the disease spread and count­ port to three contraceptive and two infertility lence into a daily reality. less more lives were lost, Brian saw a need to research centers for the next 5 years. In addi­ As Members of the 103d Congress of the provide support for those people left behind in tion, the bill creates a loan payment program United States, we should commend the Asso­ this epidemic. His tireless work led to the cre­ to attract the most promising researchers and ation of the Southern Nevada NAMES Project, health professionals into the field. The last of ciation for Supervision and Curriculum Devel­ the Nevada chapter of the AIDS Memorial opment for the immense contribution it has these centers was recently funded through the Quilt. His efforts and tireless dedication to this National Institutes of Health [NIH] and is busily made to the education of generations of chil­ effort culminated in the first Las Vegas display working on developing new contraceptive dren and to the success of our Nation's of the quilt in July. 1992. Through his efforts, methods. The two infertility centers are also schools. over 60 panels have been added to the Na­ working to cure this frustrating and costly con­ tion's AIDS quilt. His selfless determination dition. and participation in the AIDS Hospice of Ne­ REFORM ETHICS OVERSIGHT If the early days of the Clinton administra­ vada has allowed those stricken with the dis­ tion, and the 103d Congress are any indica­ ease to receive comfort, compassion, respect, tion, American women and men can look for­ HON. CURT WELDON and love in their final days. ward to many choices-choices to be proud OF PENNSY-LVANIA Despite his own deteriorating health, Brian of. IN THE HOUSE OF REPRESENTATIVES continues to channel his energies towards comforting those who suffer from the disease Monday, January 25 , 1993 and educating our community about the need SELECT COMMITTEE ON DISASTER Mr. WELDON. Mr. Speaker, I rise today to for understanding and scientific funding that PREPAREDNESS AND RESPONSE introduce a resolution to reform ethics over­ will help us solve this deadly and tragic dis­ sight in the House of Representatives. ease. As President Clinton assumes the man­ HON. CURT WELDON This measure would establish a 14-member tle of leadership our hopes are heartened by OF PENNSYLVANIA Commission on Congressional Ethics com­ his pledge to increase the funding and empha­ IN THE HOUSE OF REPRESENTATIVES posed of private citizens, while eliminating sis in finding a cure for AIDS. Let us hope that most responsibilities of the House Committee his efforts will make the accomplishments and Monday, January 25, 1993 on Standards of Official Conduct. Not only will the life of Brian Foley that much more mean­ Mr. WELDON. Mr. Speaker, I rise today to this remove Members' conflict of interest in ingful. introduce a resolution to establish a Select policing their colleagues, but it will give people My colleagues, I ask you today to rise with Committee on Disaster Preparedness and Re­ a hands on role in shaping all the administra- me, on the anniversary of Brian Foley's birth, sponse. Following Hurricane Andrew, many in 1136 EXTENSIONS OF REMARKS January 25, 1993 Congress have called for the abolition of the 9:30 a .m. Rules and Administration Federal Emergency Management Agency Energy and Natural Resources To continue hearings on proposed com­ [FEMA] ~nd/or a complete overhaul of our Organizational meeting, to consider pro­ mittee resolutions requesting funds for Federal d!saster response plan. Prior to taking posed legislation requesting funds for operating expenses for 1993 and 1994. any drastic or hasty steps, it is imperative to the committee's operating expenses. SR- 301 carefully evaluate the performance of institu­ SD- 366 tions with responsibility for emergency re­ 10:00 a.m. FEBRUARY 18 sponse and management. Agriculture, Nutrition. and Forestry There are 20 subcommittees in both Cham­ To hold an organizationa l meeting, to 10:00 a .m . bers that have jurisdiction over some part of consider the committee budget, sub­ Banking, Housing, and Urban Affairs FEMA. Obviously, this overlapping jurisdiction committee assignments, and its rules To hold hearings on the Federal Re­ m~kes it very difficult to review FEMA's oper­ of procedure for the 103rd Congress. serve 's monetary policy report for 1993. ations. A select committee would provide the SR- 332 SD-562 Congress with a broad perspective necessary Appropriations to make informed decisions about the future of Transportation Subcommittee FEBRUARY23 F_EMA. In addition to evaluating FEMA's mis­ To hold hearings on benefits of transpor­ 9:30 a .m. sion and performance, the select committee tation investment. Veterans' Affairs would examine the roles of the local, State, SD-138 To hold joint hearings with the House Banking, Housing, and Urban Affairs and Federal governments and issue rec­ Committee on Veterans' Affairs to re­ ommendations to coordinate their efforts. To hold hearings on the condition of the banking and thrift industries and their view the legislative recommendations The question is not whether another natural of the Disabled American Veterans. or man-made disaster will strike the United insurance funds. States, but when. It is inevitable. For this rea­ SD-562 345 Cannon Building son, we must thoroughly examine our Nation's Joint Economic mitigation procedures, preparedness, and To hold hearings on the economic out­ FEBRUARY25 ~merg~ncy response capabilities. As a former look for 1993. 9:30 a.m. fire chief and the former chairman of the Con­ 2237 Rayburn Building Veterans' Affairs gressional Fire Services caucus, I am con­ To hold joint hearings with the House JANUARY28 fident that a select committee is the most Committee on Veterans' Affairs to re­ proper approach. 9:30 a.m. view the legislative recommendations Governmental Affairs SENATE COMMITTEE MEETINGS of the Paralyzed Veterans of America, To hold hearings on proposed legislation the Blinded Veterans of America, the to redesignate the Environmental Pro­ Title IV of Senate Resolution 4 Military Order of the Purple Heart, the agreed to by the Senate on February 4'. tection Agency as the Department of Environmental Protection, an execu­ Jewish War Veterans, and the Retired 1977, calls for establishment of a sys­ Officers Association. tem for a computerized schedule of all tive agency. SD-342 345 Cannon Building meetings and hearings of Senate com­ Rules and Administration mittees, subcommittees, joint commit­ Organizational meeting to consider com-. MARCH2 tees, and committees of conference. mittee's rules of procedures for the This title requires all such committees 9:30 a .m . 103rd Congress, membership for the Veterans' Affairs to notify the Office of the Senate Daily Joint Committee on Printing and the To hold joint hearings with the House Joint Committee on the Library of Digest-designated by the Rules Com­ Committee on Veterans' Affairs to re­ mittee-of the time, place, and purpose Congress, and pending legislative and administrative business, including the view the legislative recommendations of the meetings, when scheduled, and of the Veterans of Foreign Wars. any cancellations or changes in the committee's budget for the 103rd Con­ gress. 345 Cannon Building meetings as they occur. SR-301 As an additional procedure along 10:00 a.m. MARCH31 with the computerization of this infor­ Budget mation, the Office of the Senate Daily 9:30 a.m. To hold hearings on the nation's eco­ Veterans' Affairs Digest will prepare this information for nomic outlook. To hold joint hearings with the House printing in the Extensions of Remarks SD-608 section of the CONGRESSIONAL RECORD Judieiary Committee on Veterans' Affairs to re­ Business meeting, to consider pending view the legislative recommendations on Monday and Wednesday of each of AMVETS, the Veterans of World week. committee business. SD-226 War I, the Vietnam Veterans of Amer­ Meetings scheduled for Tuesday, Jan­ ica, the American Ex-Prisoners of War, uary 26, 1993, may be found in the Daily and the Non-Commissioned Officers As­ Digest of today's RECORD. FEBRUARY3 9:30 a.m. sociation. MEETINGS SCHEDULED Rules and Administration 345 Cannon Building To hold hearings on proposed committee JANUARY27 resolutions requesting funds for operat­ 9:00 a.m. ing expenses for 1993 and 1994. POSTPONEMENTS Governmental Affairs SR-301 Permanent Subcommittee on Investiga­ FEBRUARY2 tions FEBRUARY4 To continue oversight hearings to exam­ 9:30 a.m. 9:30 a.m. ine certain activities of the insurance Governmental Affairs Governmental Affairs industry, focusing on the Blue Cross To hold hearings to examine the General To hold hearings to examine performance and Blue Shield of the District of Co­ Accounting Office analysis of TRIAD measurement in Federal programs. lumbia plan. cost effectiveness. SD-342 SD-342 SD-342