E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, FRIDAY, MARCH 21, 1997 No. 38 House of Representatives The House met at 10 a.m. and was The question was taken; and the Harman Matsui Riley Hastert McCarthy (MO) Rivers called to order by the Speaker pro tem- Speaker pro tempore announced that Hastings (WA) McCarthy (NY) Roemer pore [Mr. LATOURETTE]. the ayes appeared to have it. Hayworth McCollum Rogan f Mr. HASTERT. Mr. Speaker, I object Hefner McCrery Rogers to the vote on the ground that a Hill McDade Rohrabacher DESIGNATION OF THE SPEAKER Hilleary McGovern Ros-Lehtinen quorum is not present and make the PRO TEMPORE Hinojosa McHale Roukema point of order that a quorum is not Hobson McHugh Roybal-Allard The SPEAKER pro tempore laid be- present. Hoekstra McIntyre Royce fore the House the following commu- Holden McKeon Ryun The SPEAKER pro tempore. Evi- Horn McKinney Salmon nication from the Speaker: dently a quorum is not present. Hostettler McNulty Sanchez WASHINGTON, DC, The Sergeant at Arms will notify ab- Houghton Meek Sanders March 21, 1997. sent Members. Hoyer Metcalf Sandlin I hereby designate the Honorable STEVEN Hulshof Mica Sanford The vote was taken by electronic de- Hunter Millender- Sawyer C. LATOURETTE to act as Speaker pro tem- vice, and there were—yeas 328, nays 49, Hutchinson McDonald Saxton pore on this day. Hyde Miller (FL) Scarborough NEWT GINGRICH, answered ‘‘present’’ 1, not voting 54, as Inglis Minge Schaefer, Dan Speaker of the House of Representatives. follows: Istook Mink Schaffer, Bob f [Roll No. 68] Jackson (IL) Moakley Schiff Jefferson Molinari Schumer PRAYER YEAS—328 Jenkins Mollohan Serrano John Moran (KS) Sessions The Chaplain, Rev. James David Ackerman Campbell Doolittle Aderholt Canady Doyle Johnson (CT) Moran (VA) Shadegg FORD, D.D., offered the following pray- Allen Cannon Dreier Johnson (WI) Morella Shaw er: Archer Capps Duncan Johnson, Sam Murtha Shays Breathe into our spirits, Oh God, the Armey Cardin Dunn Kanjorski Myrick Sherman Bachus Carson Edwards Kelly Nethercutt Shimkus breath of this new season and nurture Baesler Castle Ehlers Kennedy (MA) Neumann Shuster us as we seek to grow and learn more Baker Chabot Ehrlich Kennedy (RI) Ney Sisisky about the gifts of love. As the winds of Baldacci Chambliss Emerson Kennelly Northup Skeen Kildee Norwood Skelton spring waft about us and the rain Ballenger Chenoweth Eshoo Barcia Christensen Etheridge Kilpatrick Nussle Smith (MI) brings growth and new life to nature, Barr Clayton Evans Kim Obey Smith (OR) may we be so inspired that our Barrett (NE) Clement Everett Kind (WI) Olver Smith, Adam thoughts are raised, our minds en- Barrett (WI) Coble Ewing Kingston Ortiz Snowbarger Bartlett Coburn Farr Klink Packard Snyder riched, and our hearts open to Your Barton Combest Fattah Knollenberg Pallone Solomon grace. With gratefulness for this new Bass Condit Foglietta Kolbe Pappas Souder season and for all the blessings of the Bateman Cook Fowler LaHood Parker Spence Lampson Pastor Spratt day, we offer this prayer of thanks- Bentsen Cooksey Fox Bereuter Costello Frelinghuysen Lantos Paul Stabenow giving and praise. Amen. Berry Coyne Frost Largent Paxon Stenholm f Bilirakis Cramer Gallegly Latham Payne Stokes Bishop Crapo Ganske LaTourette Pease Stump THE JOURNAL Blagojevich Cubin Gejdenson Lazio Peterson (MN) Stupak Bliley Cunningham Gekas Leach Peterson (PA) Sununu The SPEAKER pro tempore. The Blunt Danner Gephardt Levin Petri Talent Chair has examined the Journal of the Boehlert Davis (FL) Gibbons Lewis (CA) Pickering Tanner last day’s proceedings and announces Boehner Davis (IL) Gilchrest Lewis (GA) Pitts Tauscher Bonilla Davis (VA) Gillmor Lewis (KY) Pombo Tauzin to the House his approval thereof. Bonior Deal Gilman Linder Pomeroy Taylor (NC) Pursuant to clause 1, rule I, the Jour- Bono DeGette Goode Livingston Porter Thomas nal stands approved. Boswell Delahunt Goodlatte Lofgren Portman Thurman Mr. HASTERT. Mr. Speaker, pursu- Boyd DeLauro Goodling Lowey Poshard Tiahrt Brady DeLay Goss Lucas Price (NC) Tierney ant to clause 1, rule I, I demand a vote Bryant Dellums Graham Luther Pryce (OH) Traficant on agreeing to the Chair’s approval of Bunning Deutsch Granger Maloney (CT) Quinn Turner the Journal. Burr Diaz-Balart Greenwood Manton Radanovich Upton Manzullo Rahall Walsh The SPEAKER pro tempore. The Burton Dicks Hall (OH) Callahan Dingell Hall (TX) Markey Rangel Waters question is on the Chair’s approval of Calvert Doggett Hamilton Martinez Regula Watkins the Journal. Camp Dooley Hansen Mascara Reyes Waxman

b This symbol represents the time of day during the House proceedings, e.g., b 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.

H1263 H1264 CONGRESSIONAL RECORD — HOUSE March 21, 1997 Weldon (FL) Whitfield Wynn which the concurrence of the House is of this resolution, all time yielded is Weldon (PA) Wise Young (AK) Weygand Wolf Young (FL) requested, a joint resolution of the for the purpose of debate only. White Woolsey House of the following title: (Mr. DREIER asked and was given permission to revise and extend his re- NAYS—49 H.J. Res. 58. Joint resolution disapproving the certification of the President under sec- marks and to include extraneous mate- Abercrombie Hooley Rush tion 490(b) of the Foreign Assistance Act of rial). Borski Jackson-Lee Sabo Brown (CA) (TX) Skaggs 1961 regarding foreign assistance for Mexico Mr. DREIER. Mr. Speaker, this rule Brown (OH) Johnson, E. B. Slaughter during fiscal year 1997. once again makes in order House Reso- Clay Jones Strickland The message also announced that in lution 91 authorizing funding for all DeFazio King (NY) Taylor (MS) Dickey Kucinich Thompson accordance with section 1505(a)(1)(B)(ii) but one of the committees of the House English LaFalce Thune of Public Law 99–498, the Chair, on be- of Representatives for the 105th Con- Ensign LoBiondo Vento half of the President pro tempore, ap- gress, but this time under a closed rule Fawell Maloney (NY) Visclosky points the Senator from Colorado [Mr. providing 1 hour of debate divided Fazio McDermott Wamp Filner Menendez Watt (NC) CAMPBELL] to the board of trustees of equally between the chairman and Furse Miller (CA) Watts (OK) the Institute of American Indian and ranking minority of the Committee on Gutknecht Neal Weller Alaska Native Culture and Arts Devel- House Oversight. Hefley Oberstar Wicker The rule provides for consideration in Hilliard Pickett Yates opment. Hinchey Ramstad f the House without intervention of any point of order, it provides that the ANSWERED ‘‘PRESENT’’—1 ANNOUNCEMENT BY THE SPEAKER amendment in the nature of a sub- Bilbray PRO TEMPORE stitute consisting of the text of House NOT VOTING—54 The SPEAKER pro tempore. The Resolution 102 shall be considered as Andrews Ford Owens Chair will entertain 1-minutes at the adopted. It further provides for one mo- Becerra Frank (MA) Oxley end of legislative business. tion to recommit. Berman Franks (NJ) Pascrell Mr. Speaker, the new funding resolu- Blumenauer Gonzalez Pelosi f Boucher Gordon Riggs tion that is made in order by this rule Brown (FL) Green Rothman REMOVAL OF NAME OF MEMBER is a reasonable compromise. I applaud Buyer Gutierrez Scott AS COSPONSOR OF H.R. 1062 the work of Chairman THOMAS and oth- Clyburn Hastings (FL) Sensenbrenner Collins Herger Smith (NJ) Mr. DREIER. Mr. Speaker, I ask ers who helped put this compromise to- Conyers Kaptur Smith (TX) unanimous consent that the name of gether. Cox Kasich Smith, Linda the gentleman from California [Mr. It will allow our committees to con- Crane Kleczka Stark tinue operating until May 2 while Cummings Klug Stearns BILBRAY] be removed as a cosponsor of Dixon Lipinski Thornberry H.R. 1062. freezing funding levels for all commit- Engel McInnis Torres The SPEAKER pro tempore. Is there tees covered by the resolution except Flake McIntosh Towns objection to the request of the gen- the Committee on Government Reform Foley Meehan Velazquez and Oversight at the 104th Congress Forbes Nadler Wexler tleman from California? There was no objection. levels. This will also allow us to main- b 1019 tain our commitment to take the lead f Mr. DICKEY changed his vote from in downsizing and streamlining Gov- ‘‘yea’’ to ‘‘nay.’’ PROVIDING AMOUNTS FOR THE ernment. So the Journal was approved. EXPENSES OF CERTAIN COMMIT- More important, Mr. Speaker, it will The result of the vote was announced TEES OF THE HOUSE OF REP- allow the Government Reform and as above recorded. RESENTATIVES IN THE 105TH Oversight Committees’s investigation f CONGRESS into campaign fundraising abuses by the Clinton administration to proceed PERSONAL EXPLANATION Mr. DREIER. Mr. Speaker, by direc- tion of the Committee on Rules, I call despite the best efforts of our col- Mr. FOLEY. Mr. Speaker, on rollcall up House Resolution 105 and ask for its leagues in the minority to cover up No. 68. I was inadvertently detained. immediate consideration. those abuses and undermine our con- Had I been present, I would have voted The Clerk read the resolution, as fol- stitutional responsibility to inves- ‘‘yea.’’ lows: tigate wrongdoing in the executive f branch. H. RES. 105 The resolution also maintains a $7.9 PLEDGE OF ALLEGIANCE Resolved, That immediately upon the adop- million authorization for a reserve tion of this resolution the House shall con- fund for unanticipated expenses of the The SPEAKER pro tempore (Mr. sider without the intervention of any point LATOURETTE). Will the gentleman from of order the resolution (H. Res. 91) providing committees of the 105th Congress be- South Dakota [Mr. THUNE] come for- amounts for the expenses of certain commit- cause it makes sense. As my colleagues ward and lead the House in the Pledge tees of the House of Representatives in the know, at the beginning of the 104th of Allegiance. One Hundred Fifth Congress. The resolution Congress, three annual funding sources Mr. THUNE led the Pledge of Alle- shall be considered as read for amendment. for committees consolidated into one giance as follows: An amendment in the nature of a substitute biennial calendar year funding resolu- consisting of the text of House Resolution I pledge allegiance to the Flag of the tion to make our committees fully ac- 102 shall be considered as adopted. The pre- countable for what they spend. So a United States of America, and to the Repub- vious question shall be considered as ordered lic for which it stands, one nation under God, on the resolution, as amended, to final adop- small reserve fund fully accounted for indivisible, with liberty and justice for all. tion without intervening motion or demand and open to public scrutiny to cover f for division of the question except: (1) one unexpected funding emergencies in the hour of debate equally divided and controlled second session makes sound business MESSAGE FROM THE SENATE by the chairman and ranking minority mem- sense. A message from the Senate by Mr. ber of the Committee on House Oversight; Virtually every well-managed busi- Lundregan, one of its clerks, an- and (2) one motion to recommit. ness in America has a reserve fund for nounced that the Senate had passed The SPEAKER pro tempore. The gen- unanticipated contingencies. We can without amendment a bill of the House tleman from California [Mr. DREIER] is benefit from implementing sound busi- of the following title: recognized for 1 hour. ness practices in the House of Rep- H.R. 514. An Act to permit the waiver of Mr. DREIER. Mr. Speaker, for pur- resentatives. Mr. Speaker, failure to District of Columbia residency requirements poses of debate only, I yield the cus- pass this rule and the funding resolu- for certain employees of the Office of the In- tomary 30 minutes to the gentleman tion it makes in order would leave our spector General of the District of Columbia. from Massachusetts [Mr. MOAKLEY], committees without funds to operate The message also announced that the pending which I yield myself such time after March 31. That is the reason I Senate had passed with amendments in as may consume. During consideration suspect many of our colleagues in the March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1265 minority oppose this resolution, but it fund committees so that negotiations terday’s debate on this resolution and I is an irresponsible position and it dam- could begin on the size, the scope and did not hear one single person com- ages the integrity of the whole institu- the expense of the investigation by the plain about the money the committees tion, not just the majority or minority. Committee on Government Reform and of the House received except the Com- I urge my colleagues to do the re- Oversight. But, Mr. Speaker, their mittee on Government Reform and sponsible thing. We are trying to move overtures were ignored, and this is very Oversight. So in response to that, my along as expeditiously as possible be- unfortunate. Republican colleagues increased the cause we know many Members want to Furthermore, after the rule was de- amount of money the committee gets leave town. I will assure my friends on feated yesterday, the gentleman from and cut the amount that the rest get. the other side of the aisle that we hope Texas [Mr. ARMEY], said on the floor of Does not make any sense to me. that we will not consume the entire this House that he was going to talk to Yesterday my colleagues complained amount of time here. I hope they will the Democratic leadership about the long and loud about the $7.9 million do the same. situation. We waited, we waited, we slush fund but they did not make a Mr. Speaker, I reserve the balance of waited, and nobody came. Instead, Re- peep about the other committees. But my time. publicans retreated to their conference this resolution cuts all the other com- and came up with a solution that I b 1030 mittees instead of the committee that imagine will only get Republican everybody complained about. Mr. MOAKLEY. Mr. Speaker, I yield votes. Mr. Speaker, I cannot imagine why such time as he may consume to the Mr. Speaker, I am not one to be- my colleagues on the other side of the gentleman from Texas [Mr. HINOJOSA] grudge the majority party the right to aisle who opposed the rule yesterday for the purposes of a unanimous-con- run this House as it sees fit, but this because the bill spent $22 million over sent request. latest episode makes me question the last year’s level would vote for a reso- (Mr. HINOJOSA asked and was given sincerity of the Republican leadership’s lution that saves only $500,000 while it permission to speak out of order.) commitment to bipartisanship on the still increases the spending of hard- REMOVAL OF NAME OF MEMBER AS COSPONSOR part of the House, especially on the earned taxpayers’ dollars by over $20 OF HOUSE JOINT RESOLUTION 1 heels of the retreat at Hershey. million. Mr. HINOJOSA. Mr. Speaker, I ask First, the bill will increase the Unfortunately, Mr. Speaker, it looks unanimous consent to remove my amount of overall funding that Con- like the Republican leadership is not name as cosponsor of House Joint Res- gress gives itself. Second, unlike the interested in a bipartisan solution. If olution 1. Senate investigation, the House Com- they were, they would have called to The SPEAKER pro tempore (Mr. mittee on Government Reform and talk and they would have asked us for LATOURETTE). Is there objection to the Oversight is only going to look at alle- our input on committee funding and request of the gentleman from Texas? gations of Democratic campaign prob- they would have tried to work to- There was no objection. lems, despite the many Republican gether. Instead, they are giving us a Mr. MOAKLEY. Mr. Speaker, this is campaign issues surfacing these days. proposal that ignores the concerns ex- take two. I thank my dear friend, Third, Mr. Speaker, we objected to the pressed by our side and puts into stark DAVID DREIER, the gentleman from $7.9 million slush fund that my Repub- relief the Republican leadership’s pri- lican colleagues are creating for undis- California, for yielding me the cus- orities: pure, partisan politics. tomary 30 minutes, and I yield myself closed purposes. The only thing kept whole in this Given these problems and the subse- such time as I may consume. resolution is the one-sided, politically quent defeat of the rule, I would have Mr. Speaker, I rise in very strong op- motivated, partisan investigation at expected my Republican colleagues to position to this rule, and I must say the Committee on Government Reform have gone back to the drawing board that I am very disappointed in my Re- and Oversight. And to ensure the Com- and fixed their mistakes. But late last publican colleagues for bringing this mittee on Government Reform and night, Mr. Speaker, after waiting for matter up again. Yesterday’s rule was Oversight has enough money, as I said defeated for three reasons: My Demo- that call that never came, we learned that they are only going to make the before, $7.9 million set aside in a slush cratic colleagues and I were opposed to fund just in case. the ridiculously large investigative mistakes worse. Today’s resolution cuts only $500,000 Mr. Speaker, in the Republican Com- budget for the Committee on Govern- from yesterday’s $22 million; $22 mil- mittee on Government Reform and ment Reform and Oversight. The budg- lion increase, rather. It fully funds Oversight, the new star-chamber of et will be only used to investigate that partisan witch hunt in the Com- campaign finance issues, there has Democrats, despite the many Repub- mittee on Government Reform and been no input from the Democratic lican campaign problems reported in Oversight and it does not change the Members on the size and scope of this the papers. scope of the investigation one iota. It investigation; no input from Demo- And we, like most American citizens, does not say, OK, we will look into our cratic Members on the issuing of sub- could not believe that our Congress own garbage while we are looking into poenas; no input from Democratic was proposing creating a brand new everybody else’s, and it fully funds Members on how documents are to be $7.9 million slush fund for itself. As I that $7.9 million Republican slush fund. handled in the committee; and, Mr. understand it, my Republican col- Mr. Speaker, when I first saw this Speaker, it is not because the gen- leagues, along with my Democratic resolution last night in the Committee tleman from California [Mr. WAXMAN], colleagues, objected to the large in- on Rules, I really thought it was a joke has not tried. crease in overall spending contained in somebody was playing on me. This res- The Senate was able to handle this this resolution because, Mr. Speaker, olution spends a total of $6 million on issue in a bipartisan fashion. It is a Members who talk about cutting Medi- all the House committees except one, shame their Republican counterparts care, Members who talk about cutting and that one is the Committee on Gov- in the House have not followed their school lunches in order to give tax ernment Reform and Oversight. example. breaks to the rich will have a very dif- That committee, the committee that Mr. Speaker, the American people ficult time explaining a vote to spend decided it wants to spend its time and are sick and tired of the mud-slinging millions of dollars of taxpayers’ money taxpayer money digging up dirt on and the cynical partisanship that is for Congress to dip in whenever it Democrats, gets $20 million. Let me re- being carried on by the Republicans in wants. peat that, Mr. Speaker. One committee this one-sided investigation. I call on None of this should have been news gets $20 million and all the other com- my Republican colleagues to put an to the Republican leadership. For days mittees, totaled together, get $6 mil- end to it. Everybody knows there are the gentleman from Missouri [Mr. GEP- lion. Even the Republican slush fund many better ways for this House to HARDT], and the gentleman from Michi- gets more money than all the other vote and spend millions of taxpayers’ gan [Mr. BONIOR], have been trying to committees in the House combined. dollars that would make our constitu- work with their Republican counter- Mr. Speaker, I was in the House ents proud, Mr. Speaker. This is not parts to work out a way to temporarily Chamber during every minute of yes- one of them. H1266 CONGRESSIONAL RECORD — HOUSE March 21, 1997 Mr. Speaker, I reserve the balance of Mr. Speaker, I urge we adopt this res- So let us get straight where we are my time. olution. It is fair, it is proper, and it today. You are going to vote for the Mr. DREIER. Mr. Speaker, I yield 3 will get us on the track to better gov- same thing you voted for yesterday, minutes to the gentleman from Grand ernment in this House and in this Na- minus half a million, because what it Rapids, MI [Mr. EHLERS], a member of tion. does is it continues the funding for the the committee. Mr. MOAKLEY. Mr. Speaker, I yield next several months, and if you follow Mr. EHLERS. Mr. Speaker, I thank myself such time as I may consume to that pattern you are not freezing the gentleman from California for say that if that $7.9 million is not a spending. yielding me this time. slush fund, I do not know what it is. It Now, if you want to be for an in- The previous speaker, the gentleman will be used for undisclosed purposes. It crease, vote for an increase. If you from Massachusetts, has so totally will be a fund that Members of this want to be for a slush fund, stand up mischaracterized the issue before us House will not be able to vote on. I and admit that you think you need a that it is necessary for me to run note the Democrats never pocketed slush fund. But do not fool yourselves. through it once again and outline pre- money away like that in this kind of This is not a freeze. What you are cisely what this resolution will do. legislation. doing is you are taking yesterday’s First of all, it will establish funding Mr. SOLOMON. Mr. Speaker, will the bill, you are moving the numbers for all committees, other than the gentleman yield? around, and at the end of the day you Committee on Government Reform and Mr. MOAKLEY. I yield to the gen- are increasing spending over last year. Oversight, until May 2, 1997. This in- tleman from New York, the chairman Ask your own guys before you come terim funding is to permit the commit- of the Committee on Rules, if he can up to vote. If you follow through the tees to operate during the next month deny that charge. numbers that are in this program, if while we resolve some of the questions Mr. SOLOMON. Mr. Speaker, I say to you continue what you have set up be- which were raised yesterday. the gentleman from Massachusetts tween now and May 2, will you spend Furthermore, it establishes for the that if he looks at the National Tax- the same amount of money as last year entire 2-year cycle the funding for the payers’ Union ratings, he is listed as or will you spend more money than Committee on Government Reform and one of the biggest spenders in the Con- last year? And the answer is, you are Oversight at a 2-year funding level of gress. And the same people are arguing spending more money than last year. Mr. HOYER. Mr. Speaker, will the $20 million, including $3.8 million for this point? gentleman yield? investigative purposes in 1997 alone. Mr. MOAKLEY. Mr. Speaker, re- Mr. GEJDENSON. I yield to the gen- Furthermore, it authorizes a reserve claiming my time, evidently, the gen- fund of $7.9 million for the entire 105th tleman from Maryland. tleman just showed he has no answer. Mr. HOYER. I thank the gentleman Congress. Mr. Speaker, I yield 5 minutes to the for yielding. I also have to respond to the charac- gentleman from Connecticut [Mr. Mr. Speaker, for the new Members on terization of the gentleman from Mas- GEJDENSON]. both sides of the aisle, I am not one sachusetts that this is a slush fund. I Mr. GEJDENSON. Mr. Speaker, I that demagogs this institution. As a am from Michigan. I know what slush would have thought there would have matter of fact, I am very definitely op- is. It is dirty, it is messy and it gets been additional funds in this bill for posed to demagoging this institution, splashed all over. That may accurately medical needs of Members on the ma- on either side. Unfortunately, in the characterize the way the Members on jority side who had their arms twisted past we have seen that. It has deni- the other side of the aisle handled the yesterday. I have not been able to find grated the image of this institution money under the jurisdiction of the that. with the American public. Committee on House Administration They have done a fine job of it, I un- I will tell my colleagues on either during their tenure, but this reserve derstand. They marched them in, they side of the aisle that all of us, every fund is not a slush fund. had them explain why they voted one of us, is adversely impacted by This is going to be a tightly con- against it yesterday, and then they that kind of debate, but we ought to be trolled reserve fund. It will be under brought them back here all united. But honest in the debate. And I want to say the control of the Committee on House let us make sure that the other side to my friends on your side of the aisle, Oversight and it will be parceled out understands what they are united on. particularly as you attacked or raised only when necessary and for appro- This is not a freeze. What this is is an in pointed terms how we were not accu- priate purposes. That is certainly not a increase over last year’s spending. rately funding the committees, and say slush fund. It is out in the open. All de- They can be for it or against it, but to my friend from Michigan who says cisions will be in the open, widely pub- they cannot call it a freeze. this is a freeze. It is not. There is licized, and not a slush fund of the type b 1045 $8,170,000 that under the Contract With that we are familiar with from Con- America would have to have been in- gresses prior to the 104th. You increase spending on Mr. BUR- cluded in this budget, because you said This resolution also provides that TON’s committee by $4.8 million, you that what Democrats were doing were any increase in spending in the 105th increase with a slush fund of $7.9 mil- taking detailees from the Department Congress, as compared to the 104th lion, and you have increased funding of Energy, the Department of Defense Congress, must be offset by spending for the other committees in this bill and having them on committees and decreases in other legislative branch before us today of $5.8 million. So what not accurately reflecting the expendi- activities. In other words, this is a zero you have here is an increase in funding. tures of the committee. sum in terms of funding. It is a very You can bring them home to your cau- I will tell my friends, particularly important provision, and that helps us cuses and tell them they have got to those of you who voted ‘‘no’’ yesterday fulfill our commitment to balancing stay with the party line. You can tell and who are for honesty in budgeting the budget. them not to talk to the Democrats and and putting before the American public Under this resolution, committee try to work anything out, but you can- what the expenses of the committee staff levels remain at one-third of the not call it a freeze. are. We have changed that policy just levels of the 103d Congress, continuing Now, you may be able to argue for 22 months after it was so proudly to fulfill the promise we made in the the other committees in this Congress adopted, where the committee last Contract With America more than 2 that they need those funds. I do not Congress said that committees would years ago. have a problem with that. Where we do have to fund their detailees. We have It is a good resolution. It freezes the have a problem is on a rogue operation now included back detailees off budget, current committee funding at its cur- that is being put together here to so your committees that you are going rent level, which is also the level we spend at least $4.8 million and possibly to fund in this bill can spend $8,170,000 had in the 104th Congress, and which is another $7.9 million without dealing beyond what is in this budget. substantially below the level of the with the issues that the gentleman If that is what you meant by reform, 103d Congress when the gentleman from California [Mr. WAXMAN] has if that is what you meant by the Con- across the aisle was in charge. raised. tract With America, I think some of us March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1267 were deceived, and frankly I think Mr. MICA. If the gentleman will Mr. DAVIS of Virginia. If Congress is some of you were deceived. For that yield, I am quoting columnist Paul not the one to be investigating this, reason this is clearly not a freeze. Craig Roberts. maybe some of my colleagues would Mr. GEJDENSON. Mr. Speaker, re- Mr. MOAKLEY. What paper? join with us in calling for a special claiming my time and closing on that Mr. MICA. I do not have the title of prosecutor on some of these areas, that point, you are spending $18.5 million the paper. It was just given to me. we clear that up instead of Congress more than last year. Mr. MOAKLEY. The Washington having to do the work. But let me Mr. DREIER. Mr. Speaker, I yield 3 Times. A very liberal newspaper, very make a couple of points. minutes to the gentleman from Winter well read, well accepted. The Committee on Government Re- Park, FL [Mr. MICA], the chairman of Mr. SOLOMON. It happens to be a form and Oversight, which I think has the Subcommittee on Civil Service. very good newspaper, too, my friend. been greatly maligned this morning. Mr. MICA. I thank the gentleman for Mr. MICA. At least someone tells the Under the 103d Congress, when we were yielding me this time. truth. still in a minority, it then comprised Mr. Speaker, the other side would Mr. MOAKLEY. Mr. Speaker, I yield one committee. In the 104th Congress have you believe that we are being un- 2 minutes to the gentleman from New we combined it into three committees fair in this process as far as funding. I York [Mr. SCHUMER]. from the old Congress, the Post Office serve on the Committee on Govern- (Mr. SCHUMER asked and was given and Civil Service and the District of ment Reform and Oversight. I came to permission to revise and extend his re- Columbia Committee. Under the fund- the floor back in 1993 and 1994 and marks.) ing currently proposed, we are at 75 asked for fairness. We were given ini- Mr. SCHUMER. I thank the gen- percent for the committees of what the tially 5 investigative staff, and this is tleman for yielding me this time. funding was in the 103d Congress, even when they controlled the White House, Mr. Speaker, what we have seen the with all of the additional money that is the House and the other body, 5 inves- last 2 days unfortunately seems to be a being given for investigations; on a tigative staff to their 55 staffers. It was metaphor for what this term in Con- trail, I might add, that leads to China, finally brought up to 12. But let me tell gress is going to be like. You have a to Cuba, to Guam, to Hawaii, to Hong my colleagues that we provide for 25 small group on the extreme right of the Kong, to Indonesia, to Paraguay, to percent staffing for the minority under Republican Party dictating policy to South Korea, to Taiwan, to Thailand, our proposal. Is that fair? I just ask, everybody else. We had a proposal last to the Ukraine and Vietnam, very ex- are we being unfair? night. Eleven people, twelve people tensive investigation, multilanguages involved. Still even with these and the They would also have my colleagues said, do it our way or no way, and you combining, 75 percent of the level that believe that the reason for last night’s succumbed. was funded in the 103d Congress. delay was that some of us were opposed Now, what is it that united this party? Well, if you take the rhetoric of Mr. Speaker, I am happy to speak in to the investigation or that we caused favor of the rule. these problems by investigating. Noth- this budget, what you are saying, and the gentleman from Florida corrobo- Mr. DREIER. Mr. Speaker, I yield 3 ing could be further from the truth. minutes to my very good friend, the This is the responsibility of the House rates it, you do not want to legislate, you do not want to get things done, gentleman from Poland, OH [Mr. and this House Investigations and TRAFICANT]. Oversight Committee to do this task. you do not want to come to the center and try and deal with the problems of Mr. TRAFICANT. Mr. Speaker, I It has been that task since the early voted with the Democrats yesterday 1800’s, when the predecessor of this America. All you want to do is inves- tigate. and most Republicans toed the line and committee was formed. we are seeing party discipline, but we Let me read you this morning’s paper When a party is divided, when you cannot come to any substantive agree- are not seeing the Congress governing. about why we need these funds and $7.9 million, I do not know if it is a what these funds will be used for. And ments on virtually any issue, haul out a whole bunch of investigative commit- slush fund or an investment. But let this is not what I say. This is what is me remind Congress as we speak that tees. That is what you have done. That in the paper this morning: China got a sweetheart deal in Long is the only thing that can bring the Beach, CA; China is getting a United The Clintons and their administration are votes here. We are going to see that, submerged in what one Democrat activist States guaranteed, Government backed my colleagues, again and again and has called a scandal of unprecedented pro- loan of $138 million in Alabama; a Chi- again. And then even worst of all, it is portions: China-gate, Lippo-gate, Campaign- nese company was just awarded a $250 hypocritical, because you know you gate, File-gate, Travel-gate, Whitewater- million contract even though they gate, the illegal naturalization of alien cannot budget with a freeze. You know have been convicted of smuggling AK– criminals in order to swell Democratic voter you cannot do the job. So you tell 47’s into America; and as we speak, a rolls, IRS-political-auditing-gate, Waco, those Members it is a freeze, but it company with ties to China will oper- Ruby Ridge, Reno-gate, Espy-gate, Ron really is not, as has been pointed out ate both ports on each end of the Pan- Brown-gate, Paula Jones-gate, Lincoln-bed- before. room-gate, an FBI director who admits he ama Canal that United States tax- I am afraid we are in for 2 rough lied to Congress, special prosecutors, con- payers built. Personally, I think both years of sledding. I am afraid, seeing gressional investigations, disgrace Presi- parties are debating a fly on their face what I have seen here, that we are dential appointees, and innumerable first while a Communist dragon is eating going to have an extremist small group couple utterances of ‘‘I don’t recall’’ swirl in our assets here. such profusion around the Presidency that dictate policy on the floor of the Mr. Speaker, I am going to vote for only rocket scientists can keep up with it House, that there will be no interest in all. the rule today. I am going to vote for coming to the center and legislating the bill. That is why we need these funds. To and that to cover up the fractured dif- Mr. Speaker, $7.9 million is nothing accuse us of creating a slush fund, ferences of the other party, we are compared to a $20 billion trade deficit when I saved over $200,000 in my first 2 going to spend a lot of time doing a lot last month in manufactured goods and years and it went into a fund that we of dances about investigation, inves- products. China in the last 2 months never saw again, not to mention the tigation, investigation when we all has amassed $10 billion in trade sur- banking scandal, the post office scan- know the Congress is the worst place pluses. Enough is enough. Look at the dal, I mean this other side of the aisle to investigate these kinds of things be- impact in our State alone. Two thou- created the term ‘‘slush funds’’ with cause partisan clouds hang over every sand five hundred workers are being their actions. investigation. laid off by Ford Motor Co. in Lorain, Mr. Speaker, that is what we are here Mr. DREIER. Mr. Speaker, I yield 1 OH. They have cited imports. for. minute to the gentleman from Falls b Mr. MOAKLEY. Mr. Speaker, I yield Church, VA [Mr. DAVIS]. 1100 myself such time as I may consume. (Mr. DAVIS of Virginia asked and Goodyear Tire Co., Akron, OH, cut- I would like to ask my colleague was given permission to revise and ex- ting 150 workers and moving their from Florida what paper he is quoting. tend his remarks.) plant to Chile. Enough is enough. H1268 CONGRESSIONAL RECORD — HOUSE March 21, 1997

And the Department of Labor, they [Mr. DOGGETT] will please resume his terpreting the rules of this House so tell us, ‘‘Don’t worry; there’s high tech seat, and the Clerk will report the broadly that the potential scope of the jobs there.’’ words objected to. jurisdiction of the Committee on Gov- Look at the Department of Labor b 1107 ernment Reform and Oversight, accord- manual for new jobs: ing to folks on the other side, knows no Handkerchief folder; Mr. DOGGETT. Mr. Speaker, I am ad- bounds whatsoever and that the com- Corncob pipe assembler; vised by the Parliamentarian that mittee should, indeed can and indeed Hooker inspector; and there can be no reference . . . and so I should, as they say on the other side, Pantyhose crotch closer. withdraw that part of my remarks. investigate all sorts of things. We have And if they get a degree, they could The SPEAKER pro tempore [Mr. heard additional ones this morning per- become a pantyhose crotch closer su- LATOURETTE]. Is there objection to the haps that they want the committee to pervisor. request? go into. Enough is enough. There was no objection. I think I have that right on their Let me say this to both parties: I The gentleman from Texas may pro- side, and I think also I have right their think there are more Americans that ceed in order and he has 1 minute re- position on the other side that the are tired of the Democrat-Republican maining on the time yielded to him. modest increase in funds that we are business. They want us to vote for Mr. DOGGETT. Mr. Speaker, it is proposing in funds on this resolution to what they think is best for the coun- against this background of false peace the Committee on Government Reform try. What I think is best for the coun- that today we are asked to focus en- and Oversight is too much money. So try is to give a bull dog, rather than tirely on alleged wrongdoing at the on the one hand, they want the most demean him, a bull dog like the gen- White House. For myself, I want a expansive reading of the jurisdiction of tleman from Indiana [Mr. BURTON], the thorough and complete investigation of this committee, and on the other hand, opportunity to get to the bottom of that alleged wrongdoing at the White they do not want the funds to do it. this Chinese mess, regardless who is in House. In fact, we can investigate until Something is not right here, Mr. the White House, Democrat or Repub- our heart’s content, so long as we apply Speaker. lican. the same level of scrutiny to this Mr. MOAKLEY. Mr. Speaker, I yield Now that may not make friends, but House that we apply to the White myself such time as I may consume. I appreciate the time. House. Mr. Speaker, the gentleman from Mr. MOAKLEY. Mr. Speaker, I ask Indeed, I suggest to all of my col- Georgia [Mr. BARR] did not really have the gentleman from California [Mr. leagues that they remember the in- it right. We were not concerned that DREIER] if he has any speakers. junction that is found in chapter 6 of the Committee on Government Reform Mr. DREIER. Mr. Speaker, we are Luke when it was said, ‘‘How canst and Oversight should not investigate looking for speakers to counter all the thou say to thy brother, ‘Brother, let everything, but the excuse was being speakers that the gentleman has. me pull out the mote that is in thine made that the reason they did not go There are Members who are anxious to eye,’ when thou thyself beholdest not to certain areas is because they did not talk only if they are. the beam that is in thy own eye. Thou have jurisdiction. I just wanted to Mr. MOAKLEY. I think we could hypocrite, cast out first the beam out point out in the law that they did have have saved a lot of time, Mr. Speaker, of thine own eye and then shall thy see investigative jurisdiction to where if the Democrats were allowed into the clearly to pull out the mote that is in they were asked to look. That is all. Republican caucus yesterday because thy brother’s eye.’’ Mr. MOAKLEY. Mr. Speaker, I yield that convincing argument that The problem today is that there 2 minutes to the gentlewoman from changed those 11 Members may have seems to be a little bit more interest in Texas [Ms. JACKSON-LEE]. (Ms. JACKSON-LEE of Texas asked changed all of us. pulling out ‘‘motes’’ than in focusing and was given permission to revise and I yield 3 minutes to the gentleman on the ‘‘beams’’ that are a little closer extend her remarks.) from Texas [Mr. DOGGETT]. to home. Instead of building on the le- Ms. JACKSON-LEE of Texas. Mr. Mr. DOGGETT. Mr. Speaker, I say to gitimate public concern on what hap- Speaker, to my distinguished member my colleagues, ‘‘If you want peace, pened on both sides of the political of the Committee on Rules, I think seek justice. The wisdom of that an- process in the recent election, that what we are trying to do here on the cient maxim seems to have been com- election and that public concern is Democratic side is just to provide a lit- pletely lost on the Republican leader- being used to block and prevent any tle light and a little education on what ship of this House. They want peace, real reform. That is what this inves- my colleagues may have gleaned from they want smiling Democrats at peace tigation is all about. their meeting yesterday. I wish, as the on this floor as accomplices to most Do not legislate reform, investigate gentleman from Massachusetts [Mr. any injustice that they want to pro- and point fingers at the other side. We MOAKLEY] had said, we might have mote. They wanted peace on the open- need thorough scrutiny, but it needs to been flies in the room possibly to un- ing day of this Congress when instead be scrutiny aimed at peace and justice. derstand why this overall change of of adopting a democratic proposal to In the words of Dr. Martin Luther mind. ask the committee to come back on King, true peace is not merely the ab- I have several points to make. One, I April 7 with a proposal to reform the sence of tension, it is the presence of believe the gentleman who talked campaign finance system, they re- justice, and until we get justice, there about creating jobs in America, that is jected that, and indeed that committee will be tension. an important issue, and I will simply will not even begin its work by April 7 Mr. DREIER. Mr. Speaker, may I in- ask my colleagues to think about the on doing something about the money quire of the Chair how much time is re- kind of money that they are giving the chase. They wanted peace on the open- maining on both sides? chairman to investigate the President ing day of this session when they de- The SPEAKER pro tempore. The gen- of the United States and the abuses manded that their own Members elect tleman from California [Mr. DREIER] that they say have occurred, and yet the Speaker who was himself a ‘‘pio- controls 173⁄4 minutes; the gentleman not putting on the floor of the House neer’’ in tax free campaign finance. from Massachusetts [Mr. MOAKLEY] has real campaign finance reform. And of course they wanted peace, in- 101⁄4 minutes. If they take the $15 million that they deed they want a pat on the back, . . . Mr. DREIER. Mr. Speaker, I yield 1 are now spending, and I might say, I Yes, this Republican leadership tells minute to my friend, the gentleman thought my colleagues on the other us today—— from Georgia [Mr. BARR]. side would come back and at least Mr. BARR of Georgia. Mr. Speaker, I Mr. BARR of Georgia. Mr. Speaker, I bring that number down, but that is $1 would ask that the Member’s words be thank the gentleman for yielding me per 15 million people in the United taken down. this time. States of America. If they take 30 mil- The SPEAKER pro tempore. [Mr. Mr. Speaker, I rise just to see if I got lion people in the United States of LATOURETTE]. A point of order has this straight. Yesterday we heard some America, they have to pay 50 cents for been raised. The gentleman from Texas very interesting arguments about in- this one-sided investigation. March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1269 Then we find out that the Senate ward of 30 subpoenas. We must not allow a Mr. Speaker, at the beginning of this legisla- spent only $1.8 million for White chairman to randomly issue subpoenas. tive session, the word bipartisanship was pro- House, $5 million was spent on the The nature of the subpoenas issued is most moted by both Democrats and Republicans House and Senate Iran-Contra inves- troubling. They seek to compel the production alike. tigations, and $6.9 million was spent on of extraordinarily sensitive national security Eighteen standing committees of the House the Senate Watergate investigation. and foreign policy documents that have abso- and the Permanent Select Committee on Intel- I cannot understand why we have an lutely no bearing on the substance of the com- ligence each depends upon this resolution for investigation where there is no due mittee's work and oversight. its funding authorization. process, where the chairman can uni- This is a gross abuse of power. This is a The Government Reform and Oversight laterally issue subpoenas, where the witch hunt in the making with no end in sight. Committee's reserve funds will weigh in at be- chairman can unilaterally secure docu- Chairman BURTON has issued subpoenas for tween $12 to $15 million for one purpose and ments and then issue the documents all phone records from Air Force One and Air one purpose aloneÐto waste the taxpayer publicly. There is no protection, there Force Two, which include phone calls made money and time on bogus hearings on Demo- is no committee oversight, there is no by the President and his national security cratic fundraising activities for last year's elec- combined effort, and we are giving $15 team to heads of state on sensitive foreign tion. These hearings will be nothing more than million, $15 million. United States citi- policy negotiations. Gestapo tactics and Red scare threats to try zens must pay $1; 30 million citizens Additionally, the chairman has issued sub- and hang all of the problems of campaign must pay 50 cents in order to create poenas for all records of visitors to the White fundraising on the backs of hard-working this slush fund. House residence for the past 4 years. This is Democrats. Mr. Speaker, I simply say we can a gross invasion of privacy which makes no The Government Reform Committee pro- solve all of the problems, create jobs, exception for Chelsea Clinton's friends, rel- poses that it will only use $3.8 million for the by bringing real campaign finance re- atives of the first family, or visits by doctors or investigation of Democratic fundraising. It does form to the House, investigating all of clergy. not make a difference if it is $15, $3, or $1 us, and making sure that the abuses The chairman has issued subpoenas for the million. It is still a gross waste of taxpayer against the American people are not production of documents from the Democratic money. rendered by one person, subpoena National Committee. This shows the pure par- In comparison to other investigations, the power unilateral, document issuers tisan motives of the chairman and amounts to $12 to $15 million available to the Government nothing more than an abuse of power. The Reform Committee for the campaign finance unilateral. Where is the due process in this chairman has requested the production of doc- investigation also far exceeds the $1.8 million whole process? Where are the American uments that have no place within the scope of spent on the Senate Whitewater investigation, people in this process? Real campaign the committee's scope of investigation. the $5 million spent on the House and Senate If we allow the chairman of a committee to finance reform is the real issue. Iran-Contra investigations, and the $6.9 million issue subpoenas solely on his own authority, Mr. Speaker, I rise in opposition to House spent on the Senate Watergate investigation. then it will amount to nothing more than a Resolution 91, the committee funding resolu- after adjusting for investigation. witch hunt and a gross waste of time for the The official policy of the House Oversight tion, because it is fatally flawed and grossly bi- Congress and the people of the United States. Committee is that ``all committees should allo- ased in four fundamental areas: First, the No one would be safe. There is no doubt cate at least one-third of the resources to the chairman's authority to issue subpoenas with- that it would return us to the infamous days of minority.'' This particular allocation is not being out a committee vote; second, the chairman's the Red scare McCarthy hearings. The entire met in the Government Reform Committee. authority to release privileged and confidential country was held hostage by misplaced To add insult to injury, the rules of the Gov- documents; third, the scope of the investiga- power. But even then, it was not the chairman ernment Reform Committee require that the tion; and fourth, the budget allocation of the who acted alone in acting, it was a committee. committee budget be prepared in consultation committee. How much more would the lives of hard-work- with the minority. However, despite repeated On the chairman's authority to issue sub- ing Americans be violently disrupted by a requests, the majority did not consult with the poenas: Never before in the history of the power hungry, overzealous chairman of a minority in preparing the proposed committee Government of the United States of America, committee who has the power to drag Ameri- budget. In fact, the minority was not provided neither in the Senate, nor in the House, has cans before a committee. a copy of the budget until 2 weeks after its a chairman of a standing committee, or any On authority to unilaterally release docu- submission to the House Oversight Commit- other committee, ad hoc or otherwise, exer- ments: The chairman wants the power to uni- tee. cised the power to unilaterally issue sub- laterally release these documents once he Scope of Investigations: If we are to hold poena, without a vote of the committee or the gets them. This is, without question, an abuse the executive branch to a standard of conduct approval of the ranking member. of power and a violation of the longstanding then we should hold this Congress to the The power to issue a subpoena is one that customs of the House. No committee chair- same standard of conduct. This includes both should be held by the entire committee, not man has ever been given the power that partiesÐnot just the Democrats. just the chairman. There is a reason that sev- Chairman BURTON seeks. The limited scope of the investigation pro- eral members from both sides serve on a This will allow the chairman to release docu- posed by this resolution prevents any scrutiny committee. The purpose is to allow for a bal- ments, without anyone else's consent, that are of campaign finance abuses in Congress. anced, fair representation of issues and views. submitted to the committee. This includes con- Under this approach the committee would be Mr. Speaker, the model for our system of fidential financial records and trade secrets, precluded from investigating illegal or improper Government is that of a democracy, not a medical histories and other personal records fundraising activities such as: The use of con- monarchy. Democratic principals should be re- of individuals. gressional buildings or telephones for nonprofit flected in every aspect of our governmental If given the inordinant power that the chair- organizations to circumvent ``hard money'' lim- systems and should be reflected in the way in man seeks, he will be allowed to release the its, the solicitation of illegal ``hard money'' cor- which Congress does the business of the names of confidential FBI informants and porate contributions, the use of congressional American people. Thus, the decision to issue other confidential law enforcement information, campaign committees to transfer improper a subpoena should be reserved for the several as well as privileged attorney-client commu- campaign contributions, and improper foreign members of the committee, not just the chair- nications. contributions to Members of Congress, among man. Neither in Whitewater, nor in Iran-Contra in- others. There are grounds for investigating this The potential for abuse of this increasing vestigations did a chairman have this type of area of the House. power is enormous. No less than 30 subpoe- unilateral authority. The sensitive nature of House Resolution 91 states that the scope nas have already been unilaterally issued by privileged documents demands that they be of the investigation will be limited to fundrais- the chairman. There are no safeguards in kept secret. ing improprieties and possible violations of law place to check the abuse of this roaming On the proposed budget for the investiga- by executive branch officials and the Govern- power. The unilateral issuing of these 30 un- tion: One of the most ridiculous aspects of this ment agencies in the 1996 Presidential cam- necessary subpoenas clearly shows that there resolution is the proposed budget for the Com- paign. is no doubt that the chairman will abuse this mittee on Government Reform, which is over In stark contrast, the Senate voted 99 to 0 unfounded privilege. $20 million. This is nearly a 50-percent in- in favor of an investigation of illegal or im- No established rules of congressional prece- crease of $6.5 million from the budget in the proper activities in connection with 1996 Fed- dents have been followed in the issuing of up- 104th Congress. eral election campaigns. Unlike the proposed H1270 CONGRESSIONAL RECORD — HOUSE March 21, 1997 House investigation, the Senate investigation Speaker, we ought to vote to fund the tigations into congressional impropri- is not limited to alleged abuses by the execu- investigation led by a valiant, honor- eties is? There is no other committee tive branch, but will also examine abuses in able, courageous, fearless man, Chair- that intends to get into that. congressional campaigns. Also real campaign man DAN BURTON, who will get to the MR. DREIER. Mr. Speaker, I yield 2 finance reform can be done by passing biparti- bottom of this. I fully support this minutes to the gentleman from Texas san campaign finance reform legislation this rules resolution, and the resolution to [Mr. ARCHER]. year. come after it. (Mr. ARCHER asked and was given In opposing House Resolution 91Ðthis is Mr. MOAKLEY. Mr. Speaker, I yield permission to speak out of order.) our opportunity to do what the American peo- 2 minutes to the gentleman from West REMOVAL OF NAME OF MEMBER AS COSPONSOR ple sent us here to doÐact in their best inter- Virginia [Mr. WISE]. OF H.R. 1055 est and make laws that improve the lives of Mr. WISE. Mr. Speaker, I understand Mr. ARCHER. Mr. Speaker, I ask Americans. To do otherwise, is to levy a gross that everybody is racing to get out of unanimous consent that my name be injustice on the backs of the American people. here, but I have to think that this is removed as a cosponsor of H.R. 1055. By I urge my colleagues to vote ``no'' on the going to be one of the most fateful clerical error in my office, my name passage of this resolution and protect the votes that we are going to cast today; was unfortunately added to that bill. American people. House Resolution 91 vio- I have a feeling that in years to come, The SPEAKER pro tempore. Is there lates the spirit of bipartisanship and fairness there are many in this Chamber that objection to the request of the gen- that the Republicans were so fond of promot- are going to rue the day that this vote tleman from Texas? ing just a few weeks ago; it is a divisive par- was cast. There was no objection. tisan effort that will only result in gridlock; and Mr. Speaker, I have been a Member of Mr. MOAKLEY. Mr. Speaker, can the because it is a gross waste of taxpayer money this body and the Committee on Gov- Speaker notify the gentleman from that could readily be spent on the children or ernment Reform and Oversight for 14 California [Mr. DREIER] and myself of the disenfranchised in America. years. I am proud of that, and I am the remaining time? Mr. DREIER. Mr. Speaker, I yield 21⁄2 proud of the bipartisanship that has al- The SPEAKER pro tempore. The gen- minutes to my very good friend, the ways characterized the investigations tleman from California [Mr. DREIER] gentleman from California [Mr. DOO- of that committee. has 141⁄4 minutes, and the gentleman LITTLE]. However, with this resolution what from Massachusetts [Mr. MOAKLEY] has (Mr. DOOLITTLE asked and was happens is, as I understand it, all com- 6 minutes remaining. given permission to revise and extend mittees but one come back in 30 days Mr. MOAKLEY. Mr. Speaker, I yield his remarks.) and the Congress acts on their resolu- 2 minutes to the gentleman from New Mr. DOOLITTLE. Mr. Speaker, I tion again. There is only one that gets Jersey [Mr. PALLONE]. would submit that campaign finance clear sailing, gets its amount, and that Mr. PALLONE. Mr. Speaker, I heard reform is not the issue. One of the pre- is the Committee on Government Re- my colleague from California [Mr. DOO- vious speakers said, if we want peace, form and Oversight. LITTLE] say that campaign finance re- seek justice. Justice is exactly what we No one disagrees with the need of the form is not the issue here. I think the intend to seek. Committee on Government Reform and issue is campaign finance reform. What The question is, why is the Democrat Oversight, which is an investigative is happening here with this funding leadership trying to turn the investiga- committee, to do the investigation resolution is essentially that the Re- tion away from the Clinton administra- that needs to be done, whether it be publican leadership is coming up with a tion? Here is what they are trying to the White House, the DNC, or Congress. great diversionary tactic where they divert our attention away from. Well, no, we all agree that there needs will spend a year or perhaps 2 years at The President held 103 fund-raising to be an investigation; whom it covers great expense to the taxpayers, essen- coffees and 58 receptions and dinners at is something else. tially to do a probe of the White House, the White House. Here are a few of the I am sad for another reason, because but at the same time they are not will- disreputable individuals they invited: when this resolution passes, Mr. Speak- ing to open up this investigation to Wang Jun, the director of a Chinese er, there is given to the Committee on Democrats and Republicans in Con- arms trading company under investiga- Government Reform and Oversight un- gress. tion for illegally shipping 2,000 fully bridled authority, authority that I There is no question in my mind automatic, Chinese-made AK–47’s to have never seen, never seen exercised. about why this is happening. For one, the United States, a guest at the White Certainly in 14 years I have never seen we have the chairman of the commit- House. the unilateral issuance of subpoenas, tee, the chairman of the Committee on Jorge Gordito Cabrera, a convicted not even the consultation of the minor- Government Reform and Oversight, felon currently serving 19 years in pris- ity, much less a vote of the full com- who should be stepping aside. Many of on for conspiring to smuggle 6,000 mittee. I have never seen the kind of the newspapers, the Washington Post: pounds of cocaine into the United trickling out in release of documents ‘‘Mr. Burton Should Step Aside.’’ But States, another guest of the President at the authority of the Chair of the he does not want to open it up to a full and Mrs. Clinton at the White House. Committee on Government Reform and investigation that would look at con- Eric Wynn, another convicted felon Oversight. I have never seen a commit- gressional campaign practices, because whose company, Wireless Advantage, tee so eager to investigate one group of the first person they would have to in- gave $25,000 to the Democratic Na- alleged abuses, those at the DNC and vestigate is himself. tional Committee 2 days before Wynn White House, perhaps, but yet at the b had coffee at the White House. Wynn, same time refuse to investigate other 1120 who had already served 2 years in pris- alleged areas. So do not tell me that campaign fi- on for a scheme that may have bene- Make no mistake about it. In the nance reform is not the issue. They do fited the Bonanno crime family, is re- flood of allegations of campaign impro- not want to bring up the issue of cam- ported to have been seeking a pardon prieties, the waters do not stop at the paign finance reform. from the President. He was at the White House porch. They are also lap- Day after day on the floor of this White House. ping at the steps of Congress, and yet House, Democrats, including myself, Gregori Loutchansky, chairman of this committee, the Committee on have asked the Republican leadership NORDEX, an Austria-based company, Government Reform and Oversight, to bring up campaign finance reform, ‘‘associated with Russian criminal ac- will be given the authority to do one to have a debate on campaign finance tivity,’’ according to former CIA direc- and not the other. reform, and so far there has not even tor, John Deutch, who refused to fur- Yes, I have heard about how it does been a hearing in this House on cam- ther discuss the company in an open not have the authority. It has the in- paign finance reform. But we can spend hearing. He was at the White House. vestigative authority to conduct a full the next year or two looking and inves- Mr. Speaker, everybody was not investigation. And even if it does not tigating the White House in a blatant doing this. Let us not get distracted in some people’s minds, will somebody partisan way at tremendous cost to the from where the real scandal is. Mr. tell me what the schedule for inves- American taxpayer. March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1271 I just want to say, many of the Re- a look at this, because we feel it is a lock. But in the meantime, we have to publicans who will vote for this resolu- very important national security issue, investigate the farmer, because he has tion today came to Congress promising not even a campaign issue. been getting chickens out of that hen- to shake up the institution and change Mr. MOAKLEY. Mr. Speaker, I yield house, also. the way this House does business. How 2 minutes to the gentleman from New Mr. Speaker, that is the way it is. can they vote for this resolution that Jersey [Mr. MENENDEZ]. Get real. There are problems that stink throws up to $11 million to an inves- Mr. MENENDEZ. Mr. Speaker, I to high heaven in the DNC and in the tigation that no one can claim is credi- thank the gentleman for yielding time White House, and we need to get to the ble, due to the fact that the chairman to me. bottom of it. When there are problems of the Committee on Government Re- Mr. Speaker, so much for Hershey. like that on this side, let us know and form and Oversight now has his own The wisdom of the Constitution has we will try to do something about it, fundraising controversy that needs to been the division of powers between ju- also. be investigated? dicial, legislative, and executive Mr. MOAKLEY. Mr. Speaker, I yield If Members vote yes on this resolu- branches of Government into separate the balance of my time to the gen- tion, they are voting to waste millions and distinct parts. Congress has always tleman from Virginia [Mr. MORAN]. in taxpayer dollars. They are voting to had broad investigative powers, but The SPEAKER pro tempore [Mr. support the chairman of the Commit- these powers have been tempered by LATOURETTE]. The gentleman from Vir- tee on Government Reform and Over- the hard-earned lessons of the judicial ginia (Mr. MORAN) is recognized for 2 sight, who all but admitted to appeal- branch enshrined in the traditions of minutes. Mr. MORAN of Virginia. Mr. Speak- ing to the Ambassador of Pakistan for the grand jury. er, it is wrong for the House to give the campaign contributions. They are vot- A grand jury looks at an event, the gentleman from Indiana, Mr. BURTON, ing for business as usual. evidence, and facts surrounding it. It twice as much to conduct a partisan in- If Members vote for this resolution, I has no presumptions. It is impartial. vestigation of one branch of Govern- would say to my colleagues, congratu- Releasing information presented to a ment as the Senate has provided Sen- lations, because they become part of grand jury is a felony. No special pros- ator THOMPSON to look at both the problem. ecutor, no attorney, no local prosecu- Mr. DREIER. Mr. Speaker, I yield 2 tor has the authority to issue subpoe- branches of Government in a bipartisan manner. That is our objection. minutes to my friend, the gentleman nas, investigate individuals, and then Mr. Speaker, I served with my friend from Del Mar, California [Mr. release this information without bring- and colleague, the gentleman from In- CUNNINGHAM]. ing criminal charges. The gentleman diana [Mr. BURTON] 5 years ago when Mr. CUNNINGHAM. Mr. Speaker, I from Indiana [Mr. BURTON] should not he was the ranking Republican on the thank the gentleman for yielding time have that power either. Committee on Government Reform and to me. Mr. Speaker, this resolution provides Oversight. We were looking into the Mr. Speaker, I would think that my for millions of taxpayers’ dollars to in- fact that the Bush White House had colleagues on the other side of the aisle voke powers and authority not even spent millions of dollars on Air Force would like to at least take a look at sought by Joseph McCarthy of Wiscon- One and staff to do partisan fundrais- this in the committee of the gentleman sin, who has not brought credit to this ing around the country. from Indiana [Mr. BURTON]. Maybe we institution by his investigative prac- The American taxpayers were sup- can do it a different way. tices. The concentration of such power posed to be reimbursed. They were not. In my State, Cosco, a Chinese-owned and authority is unwise and impairs We had one trip down to Florida that and operated shipping company, has the ability to judge fairly. It is an cost the taxpayers hundreds of thou- just been awarded to take over the abuse of power. sands of dollars to campaign for Repub- Long Beach Naval Shipyard. Cosco is Mr. Speaker, this resolution exceeds lican candidates. The Republican Na- the same company that just took out anything that the Founding Fathers tional Committee reimbursed the tax- the pier in New Orleans. It is the same contemplated as far as the appropriate payers $316. We had another one up and company, I would say to the gentleman investigative role of the Congress. We down the west coast, for Republican from New York [Mr. SCHUMER], who do not allow prosecutors to destroy in- Senate candidates that cost nearly $1 passionately believes against assault dividual rights of privacy, to publicize million. The RNC reimbursed about weapons, and that we have too many sensitive information. We certainly $600 to the taxpayer. weapons in this country, which we do; should not give millions of dollars to a We asked for the official travel logs it is the same company that smuggled congressional committee to do so. If to do an adequate investigation. The in the AK–47’s, 2,000 of them, the same Members are going to give such expan- gentleman from Indiana said no, he did kinds of fully automatic weapon that sive powers, why are they so afraid of not want the White House to release was used in the Los Angeles bank rob- including themselves in such an inves- any such information. At the time, he bery 2 weeks ago. tigative oversight? said, ‘‘If you suggest that the White We have M–2’s and grenade launchers Republicans do not seek justice in House has done anything wrong, you that are going down to Mexico City out this process, as we have heard, they should bring charges, not hold partisan of Long Beach and could affect, in the seek retribution. This is not about hearings.’’ That is the quote from my next 90 days, the elections to put an prosecution, this is about persecution. friend, the gentleman from Indiana anti-United States legislature within A government of the people and by the [Mr. BURTON]. He also said later on the Mexican Government and destroy people must have certain controls. Let when we exposed even worse abuses on anything, or the gains we have made. us not make this investigation into one the part of the Bush White House, that The Coast Guard has violated Cosco in which the integrity of the House is the Congress should investigate its own six times this year and designated at stake. problems before launching a fishing ex- them unsafe. Yet both the arms dealer Mr. DREIER. Mr. Speaker, I yield 1 pedition on the executive branch. and Cosco gave money to the DNC, the minute to my friend, the gentleman I would suggest the gentleman from President went along with Long Beach from Stephensburg, Kentucky [Mr. Indiana should take that statement to to go ahead and certify them, and at LEWIS]. heart, to investigate the serious impro- the same time this is the same com- Mr. LEWIS of Kentucky. Mr. Speak- prieties that were alleged in the Wash- pany that is going to occupy, as of last er, I thank the gentleman for yielding ington Post this week, where a current week, both ends of the Panama Canal. time to me. committee chairman, Mr. BURTON, Remember last year when the Chi- Mr. Speaker, I would like to just say shook down a lobbyist for campaign nese went after Taiwan and shot mis- to my colleagues across the aisle that money and retaliated against that per- siles? They made this statement: Do in defense of their party, they remind son when he did not raise enough. We you prefer Los Angeles or Taiwan? I me of the fox coming out of the chick- have allegations that the Republican think that is a national security inter- enhouse with chickens all under his leadership is making a friends and en- est that my friends would want to look arms and getting caught, and saying: emies list of lobbyists they will and into. That is why we are asking to take We have to do something about that will not talk to. H1272 CONGRESSIONAL RECORD — HOUSE March 21, 1997 Roll Call reports that the House Republican But they have used harsh words Knollenberg Pappas Shays Kolbe Parker Shimkus leadership is retaliating against groups and in- today: ‘‘Slush fund,’’ ‘‘hypocrisy,’’ ‘‘ex- LaHood Paul Shuster dividuals who contribute to Democrats. We tremist.’’ I could go on. My friends say Largent Paxon Skeen have a systematic process by which the Re- they want to work together, but their Latham Pease Smith (MI) publican leadership has intimidated and retali- choice of words really makes it harder LaTourette Peterson (PA) Smith (NJ) Lazio Petri Smith (OR) ated against people and organizations who to do so. But as they say, tomorrow is Leach Pickering Snowbarger don't contribute enough to them. another day, and we look forward to Lewis (CA) Pitts Solomon To put a stop to such abuses this committee working with them tomorrow or the Lewis (KY) Pombo Souder need not look down the mall at the President, day after tomorrow. Linder Porter Spence Livingston Portman Stearns but at themselves in the mirror. Finally, Mr. Speaker, for those col- LoBiondo Pryce (OH) Stump We have a chance to forever change the leagues on my side of the aisle who, as Lucas Quinn Sununu system and enact campaign finance reform. individuals, reminded us that we all Manzullo Radanovich Talent McCollum Ramstad Tauzin Instead, this resolution will perpetuate the poi- have to work together to be a major- McCrery Regula Taylor (NC) sonous atmosphere that only contributes to ity, I thank the gentlemen for remind- McDade Riggs Thomas our own demise and the cynicism of the vot- ing us that we do have to include indi- McHugh Riley Thune ers. viduals. This system was created on McInnis Rogan Tiahrt McIntosh Rogers Traficant We must vote this resolution down and the basis of individuals, and a majority McKeon Rohrabacher Upton place our priorities where they belongÐin leg- comes together as a collection of indi- Metcalf Ros-Lehtinen Walsh islation and working to improve the lives of our viduals. I want to thank them for al- Mica Roukema Wamp constituents rather than finger pointing and Miller (FL) Royce Watkins lowing the American system to work. Molinari Ryun Watts (OK) partisan warfare. Mr. Speaker, I will ask for the sup- Moran (KS) Salmon Weldon (FL) Mr. Speaker, this is not fair. It is not port of the previous question and a Morella Sanford Weldon (PA) right. Reject this resolution. ‘‘yes’’ on the rule. The majority is Myrick Saxton Weller Mr. DREIER. Mr. Speaker, I yield Nethercutt Scarborough White working. The Republic is safe. Neumann Schaefer, Dan Whitfield myself such time as I may consume. Mr. DREIER. Mr. Speaker, I yield Ney Schaffer, Bob Wicker Mr. Speaker, we have come to what I back the balance of my time, and I Northup Schiff Wolf think is a very fair and balanced com- Norwood Sessions Young (AK) move the previous question on the res- Nussle Shadegg Young (FL) promise on this issue. We have tried olution. Packard Shaw not to consume our entire amount of The previous question was ordered. time because we know both Democrats The SPEAKER pro tempore. The NAYS—179 and Republicans are anxious to get question is on the resolution. Abercrombie Gordon Moran (VA) moving, since we have already gone be- The question was taken; and the Ackerman Hall (OH) Murtha yond the target adjournment date of Allen Hall (TX) Neal Speaker pro tempore announced that Baesler Hamilton yesterday. Oberstar the ayes appeared to have it. Baldacci Harman Obey Mr. Speaker, to close our debate, but Mr. MOAKLEY. Mr. Speaker, I object Barcia Hefner Olver Barrett (WI) Hilliard not to use the entire amount of time, to the vote on the ground that a Ortiz because I know he will not do that, I Becerra Hinchey Pallone quorum is not present and make the Bentsen Hinojosa am very pleased to yield such time as Pastor point of order that a quorum is not Berry Holden Payne Blagojevich Hooley he may consume to my dear friend, the Peterson (MN) present. Bonior Hoyer gentleman from Bakersfield, CA [Mr. Pomeroy The SPEAKER pro tempore. Evi- Borski Jackson (IL) THOMAS], chairman of the Committee Poshard dently a quorum is not present. Boswell Jackson-Lee on House Oversight. Price (NC) The Sergeant at Arms will notify ab- Boyd (TX) (Mr. THOMAS asked and was given Brown (CA) Jefferson Rahall sent Members. Rangel permission to revise and extend his re- Brown (FL) John The vote was taken by electronic de- Brown (OH) Johnson (WI) Reyes marks.) Rivers vice, and there were—yeas 218, nays Capps Johnson, E. B. Mr. THOMAS. Mr. Speaker, where Cardin Kanjorski Roemer 179, not voting 35, as follows: was I? Yes, I remember, I was talking Carson Kennedy (MA) Roybal-Allard [Roll No. 69] Clay Kennedy (RI) Rush about democracy and majority rule. As Clayton Kennelly Sabo a matter of fact, that is the way we YEAS—218 Clement Kildee Sanchez make decisions in our constitutional Aderholt Coble Gillmor Condit Kilpatrick Sanders Republic. Archer Coburn Gilman Costello Kind (WI) Sandlin Armey Collins Goodlatte Coyne Kleczka Sawyer I did not realize how prophetic the Bachus Combest Goodling Cramer Klink Schumer introduction of my friend, the gen- Baker Cook Goss Cummings Kucinich Serrano tleman from California, yesterday was Ballenger Cooksey Graham Danner LaFalce Sherman in talking about the opportunity to ex- Barr Cox Granger Davis (FL) Lampson Sisisky Barrett (NE) Crane Greenwood Davis (IL) Lantos Skaggs plain the Connecticut Compromise, Bartlett Crapo Gutknecht DeFazio Levin Skelton that great compromise that allowed Barton Cubin Hansen DeGette Lewis (GA) Slaughter this Government to actually begin to Bass Cunningham Hastert Delahunt Lofgren Smith, Adam function. The ability to create a more Bateman Davis (VA) Hastings (WA) DeLauro Lowey Snyder Bereuter Deal Hayworth Dellums Luther Spratt perfect union was based upon com- Bilbray DeLay Hefley Deutsch Maloney (CT) Stabenow promise. Bilirakis Diaz-Balart Herger Dicks Maloney (NY) Stenholm Bliley Dickey Hill Dingell Manton To differ is human, but the genius of Stokes Blunt Doolittle Hilleary Dixon Markey Strickland American politics is that we have cre- Boehlert Dreier Hobson Doggett Martinez Stupak ated a system that allows us to resolve Boehner Duncan Hoekstra Dooley Mascara Tanner Bonilla Dunn Horn Doyle Matsui those differences. It is compromise. Tauscher Bono Ehlers Hostettler Edwards McCarthy (MO) Yesterday we tried and we failed. Try- Brady Ehrlich Houghton Engel McCarthy (NY) Taylor (MS) ing and failing is not failure. Failing to Bryant Emerson Hulshof Eshoo McDermott Thompson try is failure. Bunning English Hunter Etheridge McGovern Thurman Tierney Mr. Speaker, the other side used Burr Ensign Hutchinson Evans McHale Burton Everett Hyde Farr McIntyre Towns some relatively harsh words today. We Callahan Ewing Inglis Fattah McKinney Turner know the system that they created in Calvert Fawell Istook Fazio McNulty Vento trying to fund and run this institution, Camp Foley Jenkins Filner Meek Visclosky Campbell Fowler Johnson (CT) Foglietta Menendez Waters in which half of the money for funding Canady Fox Johnson, Sam Ford Millender- Watt (NC) committees was never looked at in a Cannon Frelinghuysen Jones Frost McDonald Waxman public hearing so that the American Castle Gallegly Kelly Furse Miller (CA) Weygand people knew what was going on. We are Chabot Ganske Kim Gejdenson Minge Wise Chambliss Gekas King (NY) Gephardt Mink Woolsey offering a more perfect system. The re- Chenoweth Gibbons Kingston Gonzalez Moakley Wynn serve fund is that. Christensen Gilchrest Klug Goode Mollohan Yates March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1273 NOT VOTING—35 the Budget, $4,970,000; Committee on Com- trolled the House, the funds for the Andrews Green Pickett merce, $7,179,440; Committee on Education committee total were about $223 mil- Berman Gutierrez Rothman and the Workforce, $5,227,342; Committee on lion. Notwithstanding the more than Bishop Hastings (FL) Scott Government Reform and Oversight, $220 million, the resources available to Blumenauer Kaptur Sensenbrenner $11,702,573; Committee on House Oversight, Boucher Kasich Smith (TX) $3,133,200; Permanent Select Committee on the minority and the total number of Buyer Lipinski Smith, Linda Intelligence, $2,420,040.00; Committee on staff were always an argumentative Clyburn Meehan Stark point. Conyers Nadler Thornberry International Relations, $5,433,555; Commit- Flake Owens Torres tee on the Judiciary, $5,732,403; Committee One of the concerns that a number of Forbes Oxley Velazquez on National Security, $5,145,928; Committee us in the minority had was Congress Frank (MA) Pascrell Wexler on Resources, $5,058,524; Committee on after Congress, when the ranking mem- Franks (NJ) Pelosi Rules, $2,306,407; Committee on Science, ber would appear before the then-Com- b $4,519,172.00; Committee on Small Business, mittee on House Administration, the 1150 $2,014,818; Committee on Standards of Offi- chairman of the committee would say: Mr. BROWN of California and Mr. cial Conduct, $1,237,300; Committee on Trans- Well, I would like to give my friend on POMEROY changed their vote from portation and Infrastructure, $7,042,725; Com- the other side of the aisle what he is ‘‘yea’’ to ‘‘nay.’’ mittee on Veterans’ Affairs, $2,744,855; and asking for, but of course it cannot So the resolution was agreed to. Committee on Ways and Means, $5,472,622. SEC. 3. SECOND SESSION LIMITATIONS. come out of our resources. The only The result of the vote was announced (a) IN GENERAL.—Of the amount provided way the Members of the minority as above recorded. for in section 1 for each committee named in would be able to get the one additional A motion to reconsider was laid on subsection (b), not more than the amount staffer which would then raise the the table. specified in such subsection shall be avail- number that the minority would have The SPEAKER pro tempore (Mr. able for expenses incurred during the period from five to six, would be to increase LATOURETTE). Pursuant to House Reso- beginning at noon on January 3, 1998, and the committee budget so that they lution 105, the House will now consider ending immediately before noon on January could pay for that staffer. the resolution (House Resolution 91) 3, 1999. (b) COMMITTEES AND AMOUNTS.—The com- What happened over a number of providing amounts for the expenses of mittees and amounts referred to in sub- Congresses was that the staff on the certain committees of the House of section (a) are: Committee on Agriculture, committees grew. Ostensibly to provide Representatives in the 105th Congress. $3,941,123.00; Committee on Banking and Fi- the minority with some assistance, but The Clerk read the title of the resolu- nancial Services, $4,845,967.05; Committee on for some reason, Congress after Con- tion. the Budget, $4,970,000; Committee on Com- gress, with the exception of just a cou- The text of House Resolution 91 is as merce, $7,492,098; Committee on Education ple of committees, notably Transpor- follows: and the Workforce, $5,341,815; Committee on Government Reform and Oversight, tation, Agriculture, and several com- H. RES. 91 $8,317,999; Committee on House Oversight, mittees, Armed Services historically, Resolved, $3,027,746; Permanent Select Committee on in which it was a pooled staff rather SECTION 1. COMMITTEE EXPENSES FOR THE ONE Intelligence, $2,519,486.00; Committee on than a majority-minority staff, the re- HUNDRED FIFTH CONGRESS. International Relations, $5,717,337; Commit- sources available to the minority (a) IN GENERAL.—With respect to the One tee on the Judiciary, $6,304,643; Committee crept, if at all, very, very slowly up the Hundred Fifth Congress, there shall be paid on National Security, $5,522,712; Committee out of the applicable accounts of the House on Resources, $5,360,013; Committee on ladder. of Representatives, in accordance with this Rules, $2,342,695; Committee on Science, I told Members yesterday that the primary expense resolution, not more than $4,609,555.44; Committee on Small Business, Committee on the Judiciary in the 103d the amount specified in subsection (b) for the $2,084,999; Committee on Standards of Offi- Congress provided the munificent per- expenses (including the expenses of all staff cial Conduct, $1,202,000; Committee on Trans- centage of 11 percent to the minority. salaries) of each committee named in that portation and Infrastructure, $7,053,557; Com- Then House Committee on House Over- subsection. mittee on Veterans’ Affairs, $2,999,902; and sight provided 15 percent, on and on (b) COMMITTEES AND AMOUNTS.—The com- Committee on Ways and Means, $5,690,907. mittees and amounts referred to in sub- and on of percentage of the staff in the SEC. 4. VOUCHERS. teens. But the staff continued to grow. section (a) are: Committee on Agriculture, Payments under this resolution shall be $7,792,162.00; Committee on Banking and Fi- made on vouchers authorized by the commit- Now, Members need to know that of a nancial Services, $9,414,784.53; Committee on tee involved, signed by the chairman of such committee budget, 85 to 90 percent of the Budget, $9,940,000; Committee on Com- committee, and approved in the manner di- the funds of the committee are in- merce, $14,671,538; Committee on Education rected by the Committee on House Over- vested in the staff. And so no one wants and the Workforce, $10,569,157; Committee on sight. to hold their staff at no increase. So Government Reform and Oversight, SEC. 5. REGULATIONS. you ask for a cost of living. A cost of $20,020,572; Committee on House Oversight, Amounts made available under this resolu- living was voted by the committee. But $6,160,946; Permanent Select Committee on tion shall be expended in accordance with Intelligence, $4,939,526.00; Committee on then that was used to hire more staff, regulations prescribed by the Committee on so you increased your base and you International Relations, $11,150,892; Commit- House Oversight. tee on the Judiciary, $12,037,046; Committee came back the next year and asked for SEC. 6. RESERVE FUND FOR UNANTICIPATED EX- on National Security, $10,668,640; Committee PENSES. more money. You increased the base. on Resources, $10,418,537; Committee on There is hereby established a reserve fund What happened was, we had a bloated Rules, $4,649,102; Committee on Science, for unanticipated expenses of committees for staff structure on the committee but $9,128,727.44; Committee on Small Business, the One Hundred Fifth Congress. Amounts in an enormously inequitable distribution $4,099,817; Committee on Standards of Offi- the fund shall be paid to a committee pursu- of the staff. We asked the Democrats, cial Conduct, $2,439,300; Committee on Trans- ant to an allocation approved by the Com- would they please begin to address it. portation and Infrastructure, $14,096,282; mittee on House Oversight. Committee on Veterans’ Affairs, $5,744,757; In 1990, the Democratic Caucus met, and Committee on Ways and Means, The SPEAKER pro tempore. Pursu- discussed, and in their caucus, without $11,163,529. ant to House Resolution 105, the gen- any Republicans to discuss how much SEC. 2. FIRST SESSION LIMITATIONS. tleman from California [Mr. THOMAS] we would like to make a change, the (a) IN GENERAL.—Of the amount provided and the gentleman from Connecticut Democrats, on their own, behind closed for in section 1 for each committee named in [Mr. GEJDENSON] each will control 30 doors voted that the ceiling, the ceiling subsection (b), not more than the amount minutes. for Republicans on investigative staff specified in such subsection shall be avail- The Chair recognizes the gentleman would be 20 percent. able for expenses incurred during the period from California [Mr. THOMAS]. b beginning at noon on January 3, 1997, and Mr. THOMAS. Mr. Speaker, I yield 1200 ending immediately before noon on January myself such time as I may consume. And yet there was committee after 3, 1998. Mr. Speaker, this is a continued dis- committee that never even came close (b) COMMITTEES AND AMOUNTS.—The com- mittees and amounts referred to in sub- cussion about the way the House to the 20 percent. section (a) are: Committee on Agriculture, should be run. If you will recall in our So when we became the majority in $3,851,039.00; Committee on Banking and Fi- discussions yesterday and today on the the historic 104th Congress, we said we nancial Services, $4,568,817.48; Committee on rule, the last time the Democrats con- would do at least two things: First, cut H1274 CONGRESSIONAL RECORD — HOUSE March 21, 1997 the committee staffs. We believed we DAVIS], used this, and I want to make are going to make mistakes occasion- could do the job, and I think we proved sure my colleagues understand what it ally. I will tell my colleagues what we it in the 104th with the unprecedented represents, because it is a classic ex- have pledged. When we make mistakes, pieces of legislation that were moved ample on the part of my friends on the we will admit it, and when we correct through the committees and our con- other side of the aisle of bait-and- it, we will correct it in public. Then we tinued ability to do the committee switch. will go on, and if we make mistakes work with significantly reduced staffs. In the 103d Congress we had the Com- again, we will admit them and then we What we see on this chart, portrayed mittee on Government Operations, the will correct them. graphically, is what we did. We went Committee on Post Office and Civil What we are admitting is that we un- from more than 1,600 staff down to less Service, and the Committee on the Dis- derfunded this committee. We are than 1,100. More than 600 staff, in one trict of Columbia. Those were three going to put a little more money in it day, lopped off of the committee struc- separate committees with bloated and we are going to make sure they ture. We reduced committee staff by staff. When we added up the budgets of have minimum dollars to go ahead and one-third. those committees, it equaled $26.6 mil- carry out an investigation with which Mindful of when we were in the mi- lion. they have been charged. nority, however, and our desire to have When we, as the new majority, col- What we have before us today is a a sufficient number of staff to do the lapsed committees and shrank the funding resolution that makes this job in a fair way, we said notwithstand- staff, these three committees became change; that, as I said, instead of put- ing this red line, being the Democratic one, the Committee on Government ting moneys into committees to have caucus’ agreement to have a ceiling on Reform and Oversight, and it was fund- staff, it creates a reserve fund, so that Republican investigative staff at 20 ed at $13.5 million. Fifty percent of the if we have a job that was not antici- percent, and notwithstanding this line, previous Congress. pated at the beginning of the Congress which was the historic percentage of My good friend from Pennsylvania, and we did not fund for it, that money the Republicans’ share of that bloated our former colleague, Bill Clinger, be- could be moved to that committee to staff, we said we are going to cut the came chairman, and he said, ‘‘I just do do the job. staff by one-third. not have enough resources. I have to When the job is finished, they will But we wanted to commit ourselves deal with all these jurisdictional areas not get to keep the staff, they will not to a goal of sharing not just the staff and I just do not have enough helping get to grow their bloated committees, but the total resources of the commit- hands.’’ We listened. We watched. We and that money comes back to the re- tees. So, once again in the 104th Con- believed that to be the case. So what serve fund so it can be spent some- gress, we said we wanted to set a goal we decided to do in this Congress was where else when needed. And if not of one-third of the resources of the to increase the amount that the com- needed, it is not spent. committees that would be provided to mittee was to receive. That is the $2.7 Now, that is a more perfect system, the minority. million. so that we do not let the committees We wanted to accomplish in a rel- We said we will go up to 61 percent of grow themselves but that we do have atively short period of time what we what the committee used to have. Not enough money to meet the needs of a wanted them to provide us when we even three-quarters of what the com- Congress over a 2-year period. That is were in the minority, and so in 1 day mittee had, not even two-thirds of the resources to the minority, as a what we are voting on today. what it had, but only 60 percent of The other 18 committees that we share of the committee funding, went what it had. Then, not at our doing, have as standing committees now are from here to there. It is fairly easy to not at our doing, we began to discover going to be retained at their previous see that that is 29 percent. It is not one-third. what had been going on during last funding level. We will come back in 30 There were some committees that year’s election; at the White House, in days and we will examine how we fund made it very easy to achieve one-third. the Democratic National Committee, those for the rest of the 105th. The Democratic chairman moved over and in other areas. Mr. Speaker, I reserve the balance of to the ranking member and the rank- There was a clear call for an inves- my time. ing member became the chairman. The tigation. There was even an editorial in Mr. GEJDENSON. Mr. Speaker, I Committee on Agriculture became a Roll Call last January, which said al- yield myself such time as I may good example. It was one-third before though they are hearing cries of cam- consume, before yielding to the gen- and it is one-third now. But those com- paign finance reform, it is probably a tleman from California, [Mr. MILLER], mittees that provided resources to the good idea to investigate first to find to say that we will give our colleagues minorities of 11 percent, of 12 percent, out what happened so that, with on the other side an opportunity to of 14 percent, we have to grow that knowledge, we have the ability to leg- vote for a real freeze that freezes amount. islate. spending at last year’s budget without We have provided unprecedented per- So we said, all right. We do not know any games. A straight simple freeze. centages. In the committee that we how long this will go on. We will take That will be our motion to them, and were discussing, the Committee on $3.8 million for 1997 alone and provide they will have a chance to choose be- Government Reform and Oversight, it to the committee with the jurisdic- tween about a $20 million increase and prior to the Republican majority it was tion overseeing the executive branch, a freeze. 15 percent. Today it is 25. which is the Committee on Govern- Mr. Speaker, I yield 3 minutes to the They are complaining, of course, that ment Reform and Oversight. gentleman from California [Mr. MIL- 25 is not 331⁄3. Had, in previous Con- So, my friends, the complaints on LER]. gresses, the chairmen of those commit- this side of the aisle are that we are Mr. MILLER of California. Mr. tees provided the minority with one- taking three committees who would Speaker, I thank the gentleman for third, they would have one-third today. have shared that jurisdiction, which in yielding me this time and I appreciate Our crime is not making every com- the 103d Congress was provided with the explanation of the budget of all of mittee, at the same time, one-third. $26.6 million, and we are in the 105th the committees of Congress, but what I Can my colleagues imagine the kinds Congress providing that collapsed new would prefer to hear is a discussion of comments we would hear on this committee with $20 million. That is about how we are going to deal with side of the aisle in terms of increasing still only 75 percent of the resources, campaign finance reform. the funds to do that? We are commit- when they have been asked to take on We have tried on the floor of the ted to it. We are moving every Con- this much larger job, than was avail- House now for many months to get the gress in that direction. We are growing able in the 103d Congress. majority party to tell us when they are the minority’s share, and we will con- My colleagues are complaining that going to bring a campaign finance re- tinue to grow it until it is one-third for we are increasing a committee. Yes, we form bill to the floor. Their suggestion every committee of all the resources. are increasing a committee over the is that they have to investigate first Let me spend just a minute, because 104th because we underfunded it. We and the investigation takes the place the gentleman from Virginia [Mr. are new to this job. We will admit we of campaign finance reform; that they March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1275 only want to deal with those matters personal references to Members of the vestigation. We have been ready to step that are illegal. Senate. up to the plate and investigate no mat- The question I ask is: Is it legal and Mr. THOMAS. Mr. Speaker, I yield 2 ter what the consequences. Yet today does the system condone the majority minutes to the gentleman from Texas the Republican leadership brings to the whip to let lobbyists sit in his office [Mr. BARTON]. floor a bill that funds the Committee and write legislation and offer amend- (Mr. BARTON of Texas asked and on Government Reform and Oversight ments? was given permission to revise and ex- and the Burton investigation at a Is it legal and does the system now tend his remarks.) record level with no amendments per- allow for the Republicans to threaten Mr. BARTON of Texas. Mr. Speaker, mitted. lobbyists if they do not direct more of this is the body constitutionally that This is an investigation where the their contributions to Republican is closest to the people. We are the chairman is insisting on a blatantly Members of the House? only Federal officials that have to be partisan scope, a scope limited exclu- Is it legal for the Republican leader- elected by the people. Therefore, we sively to Democratic fund-raising prac- ship, including their party leadership, have the responsibility to conduct the tices, an investigation where the nor- to berate 20 top executives from the oversight for the people more than any mal procedures are suspended because Business Roundtable, telling them that other body of the Federal Government. the chairman insists on issuing subpoe- they will have no access to the Repub- I would like to point out that the res- nas and releasing confidential informa- lican Party, to the Republican leader- olution before us today is to give some tion without committee debate or vote, ship in this House, if they do not give additional assets for oversight, not just an investigation where the most the more of their campaign contributions the Committee on Government Reform minority will receive is 25 percent of to Republicans? and Oversight but some of the other the committee budget. Is it legal for the majority leader of committees. That is what your leadership is the Senate to offer contributors access I am the chairman of the Sub- bringing to the floor today. They are to the offices of the Senate? committee on Oversight and Investiga- asking you to approve a record $12 mil- Is it legal to start drafting up lists of tions for the Committee on Commerce, lion budget for an investigation lim- trustworthy friends, those who can do- and I would point out that in the last ited to Democratic practices and led by nate more to Republicans than to Congress, in a bipartisan way, we did a chairman who insists on wielding un- Democrats? oversight over the Food and Drug Ad- precedented powers. No matter how Is it legal for Members of this House ministration, the Department of En- hard you work at it, you could not to berate lobbyists because they have ergy, and other Federal agencies that make this more partisan or less fair. not come through with enough money, resulted in significant cost savings; Have we lost all perspective? The 1997 to tell them that they will be persona that resulted in significant policy Committee on Government Reform and non grata; to call their boss and tell changes. Oversight budget virtually matches the them that these people are done, as far Let me give my colleagues an exam- combined budgets of the Committees as he is concerned, and they are going ple. One of the leading causes of death on Commerce and Ways and Means. to tell their friends? among American women is breast can- There was a different way for past in- If that is legal, my colleagues, that is cer. The FDA has had under consider- vestigations. In Watergate the major- a system that must be changed. That is ation for 10 years, for 10 years, a sensor ity and minority jointly hired staff. In a system that cries out for change. pad device that a woman can use in the Iran-Contra the House majority and That is a system that says money privacy of her home to see or give in- minority staff worked in the same of- equals access. The American people creased sensitivity to determine if fices together, and yet here we have a can sit in the galleries but they cannot there is a lump in her breast. FDA re- blatantly partisan scope, procedures get access to the office of the majority fused to approve that for over-the- and funding allocation. Before it is too late, you might want leadership because they did not bring counter dissemination. Because of in- to rethink what your leadership the money. They did not bring the vestigations and oversight in the last thought was a good idea last night. money in the proper proportion. They Congress, in a bipartisan way, we were When the Senate faced this issue last did not bring the money in a sufficient at least able to get the FDA to approve week, Republican Senators at least had amount. that for use by a physician; by a physi- the good sense to say wait a minute be- That is what we are listening to day cian. fore approving the investigation. Here in and day out, day in and day out, are There is much more that needs to be we are rushing to a vote despite the threats and intimidation against busi- done. This is not just a debate about fact that the committee has never even ness leaders, against organizations and one specific committee. It is a debate voted on the investigation’s scope or community activists; that if they do of whether the House of Representa- procedures. The committee has never not bring the money they cannot have tives is going to use its constitutional met on this issue. Think how this is the access. authority to represent the American going to look. You are jamming a fund- Now we have increased the budgets of people across the breadth and scope of ing bill through without debate or the committees of jurisdiction, but no the oversight responsibilities. I would votes on the investigation’s most basic discussion of campaign finance reform, hope we will vote for this bill so we can move forward. foundations. no discussion about how to give this in- Yesterday the Washington Post, stitution back to the people of this Mr. GEJDENSON. Mr. Speaker, I yield 4 minutes to the gentleman from which wants an investigation, an ag- country, no discussion about providing gressive one, warned that if we do not equal access for all the people of this California [Mr. WAXMAN]. Mr. WAXMAN. Mr. Speaker, I want postpone this vote, the investigation country, no discussion about how deci- to address my remarks to my Repub- runs the risk of becoming its own car- sions are made around here. lican colleagues. What we are consider- toon, a joke and a deserved embarrass- It is a money chase, it is a money ment. chase that is corrupting the demo- ing today is raw and ugly but, as Dizzy Dean said, ‘‘It ain’t bragging if you can The only thing that I would add is cratic principles upon which this insti- that it would be a joke that cost over tution was built. It is corrupting of the do it.’’ But why do we want to do it? Let us 6 million taxpayer dollars, and that is process and it is corrupting of how we be clear on the situation here. For the a high price for partisanship. What the make decisions. It must be changed, last 3 months House Democrats have Senate did should be our model. They and I want to hear from the majority repeatedly supported a broad, aggres- set forth fair rules, and yet the House when will they bring a campaign fi- sive investigation and the immediate leadership asks you to vote for more nance bill to the floor. consideration of campaign finance re- money than the Senate on a narrower ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE form legislation. scope that is focused just on Democrats The SPEAKER pro tempore. [Mr. and extraordinary power in one Mem- b LATOURETTE]. The Chair would advise 1215 ber. all Members that the rules of the This is not a case where the minority Mr. Speaker, there is an alternative. House require Members to refrain from is trying to hamstring a majority in- Vote against this bill, bring to the H1276 CONGRESSIONAL RECORD — HOUSE March 21, 1997 floor a simple extension for all com- There is one issue they seem to ap- I returned from the retreat in Her- mittees and when we return, we can at proach me about now more than ever, shey optimistic that the rhetoric of bi- least vote on the scope and procedures the absolute lack of a bipartisanship partisanship would become a reality. before setting the funding. If you care spirit in this Congress. Well, this afternoon I ascribe that opti- about campaign finance reform, if you I must say, Mr. Speaker, that I agree mism to my naivete as a freshman care about an aggressive, comprehen- wholeheartedly with my constituents. Member of the House. sive and fair investigation, if you care Today we are considering a measure to The majority is determined to spend about our credibility as an institution, fund the standing committees of the an exorbitant amount of money then you will vote against this bill. House for the 105th Congress, and the through the House Committee on Gov- Ms. KILPATRICK. Mr. Speaker, I ugly specter of partisanship has once ernment Reform and Oversight to in- yield myself 3 minutes. again raised its head. We are poised to vestigate alleged fund-raising impro- (Ms. KILPATRICK asked and was approve a budget for the committee on prieties by the White House last year. given permission to revise and extend which I serve, the Committee on Gov- My question, Mr. Speaker, is, Why do her remarks.) ernment Reform and Oversight, that is we not investigate alleged impropri- Ms. KILPATRICK. Mr. Speaker, as a larger than any other committee’s eties that occurred in campaigns in new Member of the Committee on Gov- budget, and all in the name of a highly this body? ernment Reform and Oversight, I ac- partisan investigation of the executive In late October 1996, vicious tele- cepted my responsibility with great en- branch. By contrast, the Senate is ap- vision advertisements attacking me thusiasm as our leader appointed me to propriately looking at all abuses, both personally were purchased by a group this committee. Now that I have sat in by Republicans and Democrats. calling itself Citizens for the Repub- those committee meetings for the last The greatest travesty of all is the lican Education Fund. Similar ads ap- two or three times now, I am wonder- waste of taxpayers’ dollars. Last night peared in the final days of my Decem- ing why I am there. this House said no to increases in fund- ber runoff election as well. This group, I come from a legislative body in ing for House committees, and I com- along with Citizens for Reform and Co- Michigan, of serving 18 years there. I mend my colleagues on the other side alition for Our Children’s Future, pur- understand power in politics and when of this aisle who voted against this res- chased advertisements attacking you are in charge and have the major- olution. Democratic congressional candidates ity, you rule. What I do not under- This morning we are considering a across this land. These front groups stand, Mr. Speaker, is how we cannot compromise that the majority crafted were used to dump anonymous, unregu- allow those of us who have been elected late last night. But I am puzzled. How lated money into these races on behalf by the people who sent us here to be in- can my colleagues on the other side of of Republican candidates. volved in the process. the aisle who joined us in voting On the board of directors of Citizens It is amazing to me, and I served on against the resolution last night vote for the Republican Education Fund is the Committee on the Budget in that to freeze committee levels for 1 month former Reagan White House aide Lyn House for 14 years, and I understand and grant the Committee on Govern- Nofziger, a man indicted and convicted budgets. The committees of this House ment Reform and Oversight the entire of influence peddling. We all know that too much money deserve adequate budgets. I would be extraordinary budget that they desire was spent on campaign 1996. It is ridic- the first to say that. But I am troubled and still contain an $8 million slush ulous that I personally raised and by a committee that would need $15 fund. If there have been fund-raising spent $1.6 million to win my election. If million over and above, or should I say abuses, let us explore the charges in a we are going to spend millions of tax- $7.9 million over and above their com- bipartisan fashion. We need a balanced, payer dollars investigating campaign mittee allocation, with no parameters, fair investigation that will produce an- finance improprieties, then let us in- where they investigate just the Presi- swers rather than more controversy. I vestigate everyone. Let us be com- dent, not the entire Congress. do believe I am not overstating the prehensive. Let us be bipartisan, and I am in favor of the investigation, matter when I say that the integrity of let us bring campaign finance reform but I want it for the President, for the this House is at stake. If we are to be to the floor of this House. Congress, for Democrats and Repub- taken seriously, we need to conduct Mr. GEJDENSON. Mr. Speaker, I licans. I think the American people de- and set budget parameters that reflect yield 2 minutes to the gentlewoman serve that. The last election said the the bipartisan effort. from Connecticut [Ms. DELAURO]. American people want campaign fi- Mr. Speaker, the American people Ms. DELAURO. Mr. Speaker, I rise in nance reform. I do not think they said are the real losers in this process. I opposition to this resolution for three they want $15 million in a slush fund, urge my colleagues to vote against this important reasons. First, the funds re- as someone said earlier. For 15 million resolution and call for a budget that is quested by the majority are three Americans, that would be $1 an Amer- fair and just and results in a meaning- times the amount authorized by the ican; for 30 million Americans, they ful bipartisan investigation. other body. We could match the other would pay 50 cents an American, to go Mr. GEJDENSON. Mr. Speaker, I body’s authorization and still provide after the President. Let us investigate yield myself such time as I may 4,500 kids in this country with health the entire Congress, Republicans and consume. care insurance next year with the fund- Democrats. Mr. Speaker, we are committed to of- ing that this resolution would provide. I take my assignment on the House fering with our motion to recommit a Second, the scope of this investiga- Committee on Government Reform and real motion of a freeze, and that is tion makes it clear that this commit- Oversight very seriously. I want us to what we are going to do here. Hope- tee plans to conduct a blatantly par- get down to the business of the people, fully, as soon as we get through these tisan probe. My colleagues on the other which is good jobs, a clean environ- speakers, we can do that. side of the aisle have refused to let this ment, health care, Medicaid, and pen- Mr. Speaker, I yield 2 minutes to the investigation examine any Republican sions. That is what the American citi- gentleman from Texas [Mr. LAMPSON]. fundraising practices. Again, I advo- zens want, and that is what I hope this Mr. LAMPSON. Mr. Speaker, I thank cate that we follow the example of the Congress will get to. the gentleman for yielding me this other body and vote to look into im- Mr. GEJDENSON. Mr. Speaker, I time. proper fundraising activities by mem- yield 21⁄2 minutes to the gentleman I would like to say good afternoon, bers of both political parties. No one is from Maryland [Mr. CUMMINGS]. Mr. Speaker, and good afternoon to my challenging the right to investigate. Mr. CUMMINGS. I thank the gen- colleagues assembled here today. At Finally, the chairman of this inves- tleman for yielding me this time. this very moment I am supposed to be tigation has requested unprecedented Mr. Speaker, as I travel throughout addressing a group of eighth graders in unilateral power to issue subpoenas my home district of Baltimore, MD, I my district and after last night’s de- without the consultation of any other am often asked by my constituents bate and subsequent floor maneuver- member of the committee. No Member what are some of the greatest chal- ing, I cannot help but wonder if they should be granted such unilateral au- lenges we face as Members of Congress. would be a more mature audience. thority, much less a Member who has March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1277 himself engaged in very questionable Second, the allegation has been made holding my troops over here. But since fundraising practices. that this is an investigation of Demo- it is directed only at this particular Spending taxpayer money on blatant crats only. No, it is not. It is an inves- area, we may not. partisan politics and partisan probes tigation of illegal activity involving Mr. Speaker, we understand the will further erode the reputation of campaign fundraising in executive issue, and, with that, I would ask for this body with the American people. branch agencies, because our commit- an ‘‘aye’’ vote on House Resolution 91. Vote against this resolution. tee, the Government Reform and Over- Mrs. ROUKEMA. Mr. Speaker, I rise in op- (By unanimous consent, Mr. RYUN sight Committee and its predecessor, position to House Resolution 91, a resolution was allowed to speak out of order.) the Committee on Government Oper- which funds the operations of the committees REMOVAL OF NAME OF MEMBER AS COSPONSOR ations, of which I was a member for 6 of the House through May 2. OF H.R. 586 years under our Democratic colleagues’ Clearly, we must provide the moneys nec- Mr. RYUN. Mr. Speaker, I ask unani- majority, only investigated executive essary to allow this House to do the people's mous consent that my name be re- branch agencies. I do not remember work. I support that section of this funding res- moved as a cosponsor of H.R. 586. any investigation of the Congress for olution. My objections are to the size of the The SPEAKER pro tempore [Mr. any purpose. funding being presented to the Government LATOURETTE]. Is there objection to the Now there is room, first of all, to Reform and Oversight Committee and the request of the gentleman from Kansas? look at Republicans, if there is an area scope of its pending investigations. There was no objection. where the committee believes any The reports of campaign fundraising irreg- Mr. GEJDENSON. Mr. Speaker, I agency under the Clinton administra- ularities and scandals coming from the White yield myself such time as I may tion or any individual has engaged in House are serious and must be investigated consume. illegal activity, if that individual agen- fully. In fact, Congress has a constitutional im- Mr. Speaker, I think we only have a cy says, well, the Reagan or Bush ad- perative to do so. couple of speakers and try to keep peo- ministrations did the same. I think However, since we are not establishing a ple on their schedule. I would just say that is a fair inquiry for the Commit- joint House-Senate investigative committee, that we are going to offer a motion to tee on Government Reform and Over- we should be taking the lesson of the Senate recommit. We are going to give both sight in this investigation. and widening the scope of this oversight work Democrats and Republicans an oppor- Second of all, if there is any allega- to include illegal and improper activities in tunity to vote for a freeze at last year’s tion, any serious allegation, that any congressional campaigns as well. levels, to get rid of the slush fund. If Member of Congress, Democrat or Re- Yet, this resolution provides the Government you really want to have a freeze, which publican, has committed illegal acts in Oversight Committee twice the moneys that is what a lot of your people thought terms of fundraising, I believe that the Senate has given to its committee for an they were voting on when they came that can be and will be and should be investigation of wider scopeÐa probe that will here today, we are going to give you a investigated through the appropriate look at improper activity at the White House real freeze. That is going to be our mo- committee of the House of Representa- and congressional campaigns. Is this not a tion to recommit. tives. violation of prudent fiscal practice? But given the fact, given the fact Also, in my opinion, the chairman has been b 1230 that we have individuals taking the exercising unprecedented and imprudent au- We can come back here and work on fifth amendment, which is their privi- thority in issuing subpoenas. ground rules for real, a proper inves- lege, about executive branch fundrais- Mr. Speaker, as a fiscal conservative, I can- tigation, but as far as the funding, our ing, that apparently we have individ- not vote to throw money at any proposal will be a real freeze. Instead of uals fleeing the country, that we have investigationary committee. As a government going out and borrowing $8 million and questions about the FBI advising the reformer, I cannot vote to limit the scope of putting it aside for a slush fund, we are White House of certain matters that this investigation when I know improper activ- going to get rid of that, we are going to the White House denies, that we have ity stretched beyond the White House. have a real freeze, and give the people possible compromise of the Central In- This whole episode is proof positive of the of this country a chance to see a House telligence Agency, I submit it is time need for genuine, comprehensive campaign fi- work together to come up with a proc- to get on with this investigation. nance reform. Without it, the foundations of ess by which we can have an investiga- Mr. GEJDENSON. Mr. Speaker, I our democracy will continue to be eroded. tion that Mr. MILLER indicated will yield myself such time as I may Mr. GILMAN. Mr. Speaker, I rise in support hopefully lead to real campaign finance consume because our final speaker is of House Resolution 91 to authorize temporary reform. not here, and I guess I will just close at funding for the basic operations of 18 House With that, Mr. Speaker, I believe I this stage and say that again my col- committees and funding for the Government only have one additional speaker. The leagues are going to have a choice in Reform and Oversight Committee's investiga- gentleman has two, I believe, and he the motion to recommit whether they tion into possible illegal campaign fundraising. gets to close. Would he like to take one want to spend an additional $18.5 mil- As Congress continues to wrestle with the of them? lion this year or do they want a real important issue of campaign finance reform it Mr. THOMAS. Mr. Speaker, I yield 2 freeze. That is going to be the choice in is imperative that we provide constructive con- minutes to the gentleman from New the motion to recommit. We could not tributions to this debate. The investigation pro- Mexico [Mr. SCHIFF]. get any amendments; debate here has posed by Chairman BURTON will accomplish Mr. SCHIFF. Mr. Speaker, I thank been limited by the rule. We are going this endeavor by focusing on possible abuses the gentleman for yielding this time to to give the people of this institution an of the White House and executive branch me. opportunity to really freeze spending. agencies and resources for political gains. Mr. Speaker, I believe there are two My colleagues can talk about what As chairman of the International Relations issues here. The first issue is the happened in history, but what we are Committee it is, I believe, appropriate for Con- amount of money that will be spent on offering is a freeze from last year’s lev- gress to determine how sensitive foreign pol- committees, including the investiga- els. Save the taxpayers $181⁄2 million icy matters may have been impacted by the tion in this proposal. when it is offered; vote for the motion unusual access of campaign contributions to The amount we are proposing is still, to recommit. executive branch officials and resources. even with the investigation, even with Mr. Speaker, I yield back the balance Moreover, as a senior member of the Gov- the reserve fund, at least $45 million of my time. ernment Reform Committee, I am confident less than our Democratic colleagues Mr. THOMAS. Mr. Speaker, I yield that the findings of our committee's investiga- spent for committees in the 103d Con- myself such time as I may consume. tion will lead to a more positive and construc- gress when they were the majority, and Mr. Speaker, I would say that there tive approach to campaign finance reform. I think those Members who have been has been some discussion on this side As Chairman BURTON has made clear time saying money should be spent else- of the aisle, and if my colleague from and time again, any and all information ob- where than on committees should come Connecticut is willing to amend that to tained during our investigation will be shared up here and explain what they did with include a hard freeze across all Govern- with other committees of jurisdiction over cam- $223 million in the 103d Congress. ment spending, I might have trouble paign finance reform and ethics matter. H1278 CONGRESSIONAL RECORD — HOUSE March 21, 1997 Accordingly, I urge all of our colleagues to (b) FIRST SESSION LIMITATION.—Of the Mr. GEJDENSON. Mr. Speaker, I ob- support this important resolution. amount provided for in subsection (a), not ject to the vote on the ground that a Mr. FOGLIETTA. Mr. Speaker, why are we more than $11,702,573 shall be available for quorum is not present and make the wasting time and resources on this duplicative, expenses incurred during the period begin- point of order that a quorum is not ning at noon on January 3, 1997, and ending RED HOMPSON one-sided investigation? F T and immediately before noon on January 3, 1998. present. JOHN GLENN are conducting a broad investiga- (c) SECOND SESSION LIMITATION.—Of the The SPEAKER pro tempore. Evi- tion in the Senate, but, for purely political pur- amount provided for in subsection (a), not dently a quorum is not present. poses, we are insisting on this off-off-Broad- more than $8,317,999 shall be available for ex- The Sergeant at Arms will notify ab- way show. penses incurred during the period beginning sent Members. Let's think about the important things this at noon on January 3, 1998, and ending imme- Pursuant to clause 5 of rule XV, the Congress and members of the Government diately before noon on January 3, 1999. Chair will reduce to a minimum of 5 Reform Committee could be doing, instead of SEC. 3. VOUCHERS. minutes the period of time within Payments under this resolution shall be this rerun, retread sideshow. which a vote by electronic device, if or- Our distinguished ranking member, HENRY made on vouchers authorized by the commit- tee involved, signed by the chairman of such dered, will be taken on agreeing to the WAXMAN, a respected expert on health care, committee, and approved in the manner di- resolution. could be helping us devise ways to make rected by the Committee on House Over- The vote was taken by electronic de- Medicare more effective and cost efficient and sight. vice, and there were—yeas 176, nays how to provide health care for the kids who SEC. 4. REGULATIONS 214, not voting 42, as follows: don't have it. Amounts made available under this resolu- [Roll No. 70] CHRIS SHAYS could be concentrating on the tion shall be expended in accordance with issue of genuine campaign finance reform. regulations prescribed by the Committee on YEAS—176 We could be focusing on our consensus House Oversight. Abercrombie Hall (OH) Murtha agreement that we must balance our budget SEC. 5. RESERVE FUND FOR UNANTICIPATED EX- Ackerman Hall (TX) Nadler Allen Hamilton Neal and provide a balance of Federal aid to help PENSES. There is hereby established a reserve fund Baesler Harman Neumann the most vulnerable people in America. Baldacci Hilliard Oberstar We could be taking up President Clinton's of $7,900,000 for unanticipated expenses of Barrett (WI) Hinchey Obey committees for the One Hundred Fifth Con- challenge to all of us that we make America's Becerra Hinojosa Olver gress. Amounts in the fund shall be paid to a Bentsen Holden Ortiz schools the very best they can be as we head committee pursuant to an allocation ap- Berry Hooley Pallone in the next century. proved by the Committee on House Over- Blagojevich Hoyer Pastor But instead we'll be wasting precious re- sight. Bonior Jackson (IL) Payne sources of time, money, and congressional ex- Borski Jackson-Lee Peterson (MN) SEC. 6. ADJUSTMENT AUTHORITY. Boswell (TX) Pomeroy pertise on this partisan, one-side investigation The Committee on House Oversight shall Boyd Jefferson Poshard that won't look at Members of Congress who have authority to make adjustments in Brown (CA) John Price (NC) aggressively exact contributions from lobbyists amounts under section 2, if necessary to Brown (FL) Johnson (WI) Rahall comply with an order of the President issued Brown (OH) Johnson, E. B. Rangel and raise money using the rooms of this Cap- Capps Kanjorski Reyes itol. under section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 or to Cardin Kennedy (MA) Rivers Let's do what the people sent us here to do. Carson Kennedy (RI) Roemer conform to any reduction in appropriations Let's stop fighting one another and fight for Clay Kennelly Roybal-Allard for the purposes of such section 1. Clayton Kildee Rush them. SEC. 7. OFFSET OF INCREASE IN COMMITTEE EX- Clement Kilpatrick Sabo Mr. THOMAS. Mr. Speaker, I yield PENSES. Condit Kind (WI) Sanchez back the balance of my time. Any net increase in the aggregate amount Costello Kleczka Sanders The SPEAKER pro tempore (Mr. of expenses of committees for the One Hun- Coyne Klink Sandlin Cramer Kucinich Sawyer A OURETTE dred Fifth Congress over the aggregate L T ). All time for debate has Cummings LaFalce Schumer expired. amount of funds appropriated for the ex- Danner Lampson Serrano Pursuant to House Resolution 105, penses of committees for the One Hundred Davis (FL) Lantos Sherman the resolution is considered read for Fourth Congress shall be offset by reductions Davis (IL) Levin Sisisky amendment, and the text of the amend- in expenses for other legislative branch ac- DeFazio Lewis (GA) Skaggs tivities. DeGette Lofgren Skelton ment in the nature of a substitute Delahunt Lowey Smith, Adam printed as House Resolution 102 is Pursuant to House Resolution 105, DeLauro Luther Snyder adopted. the previous question is ordered on the Dellums Maloney (CT) Stabenow resolution, as amended. Dicks Maloney (NY) Stenholm The text of the amendment in the na- Dingell Manton Stokes ture of a substitute is as follows: MOTION TO RECOMMIT OFFERED BY MR. Dixon Markey Strickland Strike out all after the enacting clause GEJDENSON Doggett Martinez Stupak and insert: Mr. GEJDENSON. Mr. Speaker, I Dooley Mascara Tanner offer a motion to recommit. Doyle Matsui Tauscher SECTION 1. CONTINUING EXPENSES OF STAND- Edwards McCarthy (MO) Taylor (MS) ING AND SELECT COMMITTEES. The SPEAKER pro tempore. Is the Engel McCarthy (NY) Thompson There shall be available from the applica- gentleman opposed to the bill? Eshoo McDermott Thurman ble accounts of the House of Representatives Mr. GEJDENSON. Yes, I am, Mr. Etheridge McGovern Tierney such amounts as may be necessary for con- Speaker, in its present form. Evans McHale Towns tinuing expenses of standing and select com- Farr McIntyre Turner The SPEAKER pro tempore. The Fattah McKinney Vento mittees of the House (other than the Com- Clerk will report the motion to recom- Fazio McNulty Visclosky mittee on Government Reform and Over- mit. Filner Meek Waters sight) for the period beginning on April 1, The Clerk read as follows: Foglietta Menendez Watt (NC) 1997, and ending on May 2, 1997, on the same Ford Millender- Waxman Mr. GEJDENSON moves to recommit the res- terms and conditions as amounts were avail- Frost McDonald Weygand olution to the Committee on House Over- able to such committees for the period be- Furse Miller (CA) Wise sight with instructions to report a resolution Gejdenson Minge Woolsey ginning at noon on January 3, 1997, and end- promptly back to the House which: Freezes Gephardt Mink Wynn ing at midnight on March 31, 1997, pursuant the funding for each House Committee at Gonzalez Moakley Yates to clause 5(f) of rule XI of the Rules of the 1996 levels; and does not include a ‘‘Reserve Goode Mollohan House of Representatives. Gordon Moran (VA) Fund for Unanticipated Expenses’’; except as SEC. 2. EXPENSES OF COMMITTEE ON GOVERN- MENT REFORM AND OVERSIGHT may be subsequently ordered by the House. NAYS—214 FOR ONE HUNDRED FIFTH CON- The SPEAKER pro tempore. Without Aderholt Bateman Bryant GRESS. objection, the previous question is or- Archer Bereuter Burr (a) IN GENERAL.—With respect to the One Armey Bilbray Burton dered on the motion to recommit. Bachus Bilirakis Callahan Hundred Fifth Congress, there shall be paid There was no objection. out of the applicable accounts of the House Baker Bliley Calvert Ballenger Blunt Camp of Representatives, in accordance with this The SPEAKER pro tempore. The question is on the motion to recommit. Barr Boehlert Campbell section, not more than $20,020,572 for the ex- Barrett (NE) Boehner Canady penses (including the expenses of all staff The question was taken; and the Bartlett Bonilla Cannon salaries) of the Committee on Government Speaker pro tempore announced that Barton Bono Castle Reform and Oversight. the noes appeared to have it. Bass Brady Chabot March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1279 Chambliss Houghton Portman The SPEAKER pro tempore (Mr. Blagojevich Hinchey Neumann Chenoweth Hulshof Pryce (OH) Bonior Hinojosa Oberstar Christensen Hunter Quinn LATOURETTE). The question is on Borski Holden Obey Coble Hutchinson Radanovich agreeing to the resolution. Boswell Hooley Olver Coburn Hyde Ramstad The question was taken; and the Boyd Hoyer Ortiz Collins Inglis Regula Speaker pro tempore announced that Brown (CA) Jackson (IL) Pallone Combest Istook Riley Brown (FL) Jackson-Lee Pastor Cook Jenkins Rogan the ayes appeared to have it. Brown (OH) (TX) Payne Cooksey Johnson (CT) Rogers RECORDED VOTE Capps Jefferson Peterson (MN) Cox Johnson, Sam Rohrabacher Cardin John Pomeroy Crane Jones Ros-Lehtinen Ms. KILPATRICK. Mr. Speaker, I de- Carson Johnson (WI) Poshard Crapo Kelly Roukema mand a recorded vote. Clay Johnson, E. B. Price (NC) Cubin Kim Royce A recorded vote was ordered. Clayton Kanjorski Rahall Cunningham King (NY) Ryun Clement Kennedy (MA) Rangel Davis (VA) Kingston Salmon The SPEAKER pro tempore. This Condit Kennedy (RI) Reyes Deal Klug Sanford will be a 5-minute vote. Costello Kennelly Rivers DeLay Knollenberg Saxton The vote was taken by electronic de- Coyne Kildee Roemer Diaz-Balart Kolbe Scarborough Cramer Kilpatrick Roukema Dickey LaHood Schaefer, Dan vice, and there were—ayes 213, noes 179, Cummings Kind (WI) Roybal-Allard Doolittle Largent Schaffer, Bob not voting 40, as follows: Danner Kleczka Rush Dreier Latham Schiff Davis (FL) Klink Sabo Duncan LaTourette Sessions [Roll No. 71] Davis (IL) Kucinich Sanchez Dunn Lazio Shadegg AYES—213 DeFazio LaFalce Sanders Ehlers Leach Shaw DeGette Lampson Sandlin Aderholt Gibbons Packard Ehrlich Lewis (CA) Shays Delahunt Lantos Sawyer Archer Gilchrest Pappas Emerson Lewis (KY) Shimkus DeLauro Levin Schumer Armey Gillmor Parker English Linder Shuster Dellums Lewis (GA) Serrano Bachus Gilman Paul Ensign Livingston Skeen Dicks Lofgren Sherman Baesler Goodlatte Paxon Everett LoBiondo Smith (MI) Dingell Lowey Sisisky Baker Goodling Pease Ewing Lucas Smith (NJ) Dixon Luther Skaggs Ballenger Goss Peterson (PA) Fawell Manzullo Smith (OR) Doggett Maloney (CT) Skelton Barr Graham Petri Foley McCollum Snowbarger Dooley Maloney (NY) Slaughter Barrett (NE) Granger Pickering Fowler McCrery Solomon Doyle Manton Smith, Adam Bartlett Greenwood Pitts Fox McDade Souder Edwards Markey Snyder Barton Gutknecht Pombo Frelinghuysen McHugh Spence Engel Martinez Stabenow Bass Hansen Porter Gallegly McInnis Stearns Eshoo Mascara Stenholm Bateman Hastert Portman Ganske McIntosh Stump Etheridge Matsui Stokes Bereuter Hastings (WA) Pryce (OH) Gekas McKeon Sununu Evans McCarthy (MO) Strickland Bilbray Hayworth Quinn Gibbons Metcalf Talent Farr McCarthy (NY) Stupak Bilirakis Hefley Radanovich Gilchrest Mica Tauzin Fattah McDermott Tanner Bliley Herger Ramstad Gillmor Miller (FL) Taylor (NC) Fazio McGovern Tauscher Blunt Hilleary Regula Gilman Molinari Thomas Filner McHale Taylor (MS) Boehlert Hobson Riggs Goodlatte Moran (KS) Thune Foglietta McIntyre Thompson Boehner Hoekstra Riley Goodling Morella Tiahrt Ford McKinney Thurman Bonilla Horn Rogan Goss Myrick Traficant Frost McNulty Tierney Bono Hostettler Rogers Graham Nethercutt Upton Furse Meek Towns Brady Houghton Rohrabacher Granger Ney Walsh Gejdenson Menendez Turner Bryant Hulshof Ros-Lehtinen Greenwood Northup Wamp Gephardt Millender- Vento Burr Hunter Royce Gutknecht Nussle Watkins Gonzalez McDonald Visclosky Burton Hutchinson Ryun Hansen Packard Watts (OK) Goode Miller (CA) Watt (NC) Callahan Hyde Salmon Hastert Pappas Weldon (FL) Gordon Minge Waxman Calvert Inglis Sanford Hastings (WA) Parker Weldon (PA) Hall (OH) Mink Weygand Camp Istook Saxton Hayworth Paul Weller Hall (TX) Moakley Wise Campbell Jenkins Scarborough Hefley Paxon White Hamilton Mollohan Woolsey Canady Johnson (CT) Schaefer, Dan Herger Pease Whitfield Harman Moran (VA) Wynn Cannon Johnson, Sam Schaffer, Bob Hill Peterson (PA) Wicker Hefner Murtha Yates Castle Jones Schiff Hilleary Petri Wolf Hill Nadler Chabot Kelly Sessions Hobson Pickering Young (AK) Hilliard Neal Chambliss Kim Shadegg Hoekstra Pitts Young (FL) Chenoweth King (NY) Shaw Horn Pombo NOT VOTING—40 Christensen Kingston Shays Hostettler Porter Coble Klug Shimkus Andrews Franks (NJ) Rothman Berman Green Scott NOT VOTING—42 Coburn Knollenberg Shuster Collins Kolbe Skeen Bishop Gutierrez Sensenbrenner Andrews Franks (NJ) Pickett Combest LaHood Smith (MI) Blumenauer Hastings (FL) Smith (TX) Barcia Green Riggs Cook Largent Smith (NJ) Boucher Kaptur Smith, Linda Berman Gutierrez Rothman Cooksey Latham Smith (OR) Bunning Kasich Spratt Bishop Hastings (FL) Scott Cox LaTourette Snowbarger Buyer Lipinski Stark Blumenauer Hefner Sensenbrenner Crane Lazio Solomon Clyburn Meehan Thornberry Boucher Kaptur Slaughter Crapo Leach Souder Conyers Norwood Torres Bunning Kasich Smith (TX) Cubin Lewis (CA) Spence Deutsch Owens Velazquez Buyer Lipinski Smith, Linda Cunningham Lewis (KY) Stearns Everett Oxley Waters Clyburn Meehan Spratt Davis (VA) Linder Stump Flake Pascrell Wexler Conyers Norwood Stark Deal Livingston Sununu Forbes Pelosi Deutsch Owens Thornberry DeLay LoBiondo Talent Frank (MA) Pickett Flake Oxley Torres Diaz-Balart Lucas Tauzin Forbes Pascrell Velazquez Dickey Manzullo Taylor (NC) b 1301 Frank (MA) Pelosi Wexler Doolittle McCollum Thomas Dreier McCrery Thune The Clerk announced the following b 1251 Duncan McDade Tiahrt pairs: Dunn McHugh Traficant On this vote: Messrs. QUINN, BONO, and GREEN- Ehlers McInnis Upton Mr. Bunning for, with Ms. Kaptur against. WOOD, and Ms. MOLINARI changed Ehrlich McIntosh Walsh Mr. Oxley for, with Mr. Deutsch against. their vote from ‘‘yea’’ to ‘‘nay.’’ Emerson McKeon Wamp English Metcalf Watkins So the resolution was agreed to. Messrs. DELAHUNT, HOYER, and Ensign Mica Watts (OK) DINGELL changed their vote from Ewing Miller (FL) Weldon (FL) The result of the vote was announced ‘‘nay’’ to ‘‘yea.’’ Fawell Molinari Weldon (PA) as above recorded. So the motion to recommit was re- Foley Moran (KS) Weller A motion to reconsider was laid on Fowler Morella White the table. jected. Fox Myrick Whitfield The result of the vote was announced Frelinghuysen Nethercutt Wicker f as above recorded. Gallegly Ney Wolf Ganske Northup Young (AK) PESONAL EXPLANATION Gekas Nussle Young (FL) PERSONAL EXPLANATION Mr. RIGGS. Mr. Speaker, on rollcall No. 70, NOES—179 Mr. HASTINGS of Florida. Mr. Speaker, on recommital motion, I was unavoidably de- Friday, March 21, 1997, I was unable to vote Abercrombie Baldacci Becerra tained and missed the vote. Had I been Ackerman Barcia Bentsen due to personal reasons. Thank you for taking present, I would have voted ``no.'' Allen Barrett (WI) Berry notice of this matter. H1280 CONGRESSIONAL RECORD — HOUSE March 21, 1997 GENERAL LEAVE tee on House Oversight be discharged vide the American people and those through- Mr. THOMAS. Mr. Speaker, I ask from further consideration of the con- out the world an important day to study and unanimous consent that all Members current resolution (H. Con. Res. 11) per- remember those who suffered and survived. may have 5 legislative days within mitting the use of the rotunda of the Mr. Speaker, it is important that we keep the which to revise and extend their re- Capitol for a ceremony as part of the memory of the Holocaust alive as a part of our marks and include extraneous material commemoration of the days of remem- living history. on House Resolution 91. brance of victims of the Holocaust, and As Americans, we can be proud of our ef- The SPEAKER pro tempore. Is there ask for its immediate consideration in forts to liberate those who suffered and sur- objection to the request of the gen- the House. vived in the oppressive Nazi concentration tleman from California? The Clerk read the title of the con- camps that we will never forget the harm that There was no objection. current resolution. prejudice, oppression, and hatred can cause. f The SPEAKER pro tempore. Is there I urge all of our colleagues to take the time objection to the request of the gen- PROVIDING FOR CONDITIONAL AD- to participate in our Nation's Capitol in this im- tleman from California? JOURNMENT OR RECESS OF SEN- portant day of remembrance. Mr. YATES. Reserving the right to ATE AND HOUSE OF REPRESENT- Mr. YATES. Mr. Speaker, I want to object, Mr. Speaker, and I shall not ob- ATIVES associate myself with the excellent re- ject because this is my bill, I ask the marks of the distinguished chairman of The SPEAKER pro tempore (Mr. gentleman from California [Mr. THOM- the committee, the gentleman from LATOURETTE) laid before the House the AS] to explain the bill. California. following privileged Senate concurrent Mr. THOMAS. Mr. Speaker, will the Mr. Speaker, I withdraw my reserva- resolution (S. Con. Res. 14) providing gentleman yield? tion of objection. for a conditional adjournment or recess Mr. YATES. I yield to the gentleman The SPEAKER pro tempore. Is there of the Senate and the House of Rep- from California. objection to the request of the gen- resentatives. Mr. THOMAS. I thank my colleague tleman from California? The Clerk read the Senate concur- for yielding to me, Mr. Speaker. rent resolution, as follows: There was no objection. Mr. Speaker, yes, this is something The Clerk read the concurrent reso- S. CON. RES. 14 that the gentleman from Illinois [Mr. lution, as follows: Resolved by the Senate (the House of Rep- YATES] has had his name attached to. H. CON. RES. 11 resentatives concurring), That when the Sen- It is important and significant, because ate recesses or adjourns at the close of busi- Resolved by the House of Representatives (the ness on Thursday, March 20, 1997, Friday, on May 8 of this year, from 8 a.m. until Senate concurring), That the rotunda of the March 21, 1997, or Saturday, March 22, 1997, 3 p.m. in the Capitol rotunda, we will Capitol is authorized to be used from 8 pursuant to a motion made by the Majority celebrate, once again, the days of re- o’clock ante meridiem until 3 o’clock post Leader or his designee in accordance with membrance of the victims of the Holo- meridiem on May 8, 1997, for a ceremony as this resolution, it stand recessed or ad- caust. part of the commemoration of the days of re- journed until noon on Monday, April 7, 1997, Mr. Speaker, as we all know, and membrance of victims of the Holocaust. or until such time on that day as may be look around the world at man’s inhu- Physical preparations for the ceremony shall specified by the Majority Leader or his des- manity to man, it is important that we be carried out in accordance with such condi- ignee in the motion to recess or adjourn, or tions as the Architect of the Capitol may until noon on the second day after Members do not forget. I think probably embla- prescribe. are notified to reassemble pursuant to sec- zoned in our minds more than anything tion 2 of this concurrent resolution, which- else during this day of remembrance is The concurrent resolution was agreed ever occurs first; and that when the House that we as Americans can be proud of to. adjourns on the legislative day of Thursday, our efforts to liberate those who suf- A motion to reconsider was laid on March 20, 1997, Friday, March 21, 1997, or Sat- the table. urday, March 22, 1997, it stand adjourned fered and survived in oppressive Nazi until 12:30 p.m. on Tuesday, April 8, 1997, or concentration camps, and it helps us to f until noon on the second day after Members remember that prejudice and hatred are notified to reassemble pursuant to sec- still exists. RESIGNATION AS MEMBER OF tion 2 of this concurrent resolution, which- Mr. GILMAN. Mr. Speaker, will the COMMITTEE ON SMALL BUSINESS ever occurs first. gentleman yield? The SPEAKER pro tempore laid be- SEC. 2. The Majority Leader of the Senate Mr. YATES. Further reserving the and the Speaker of the House, acting jointly fore the House the following resigna- after consultation with the Minority Leader right to object, I yield to the gen- tion as a member of the Committee on of the Senate and the Minority Leader of the tleman from New York. Small Business: House, shall notify the members of the Sen- (Mr. GILMAN asked and was given CONGRESS OF THE UNITED STATES, ate and House, respectively, to reassemble permission to revise and extend his re- HOUSE OF REPRESENTATIVES, whenever, in their opinion the public inter- marks.) Washington, DC, March 13, 1997. est shall warrant it. Mr. GILMAN. Mr. Speaker, I want to Hon. NEWT GINGRICH, The Senate concurrent resolution commend the gentleman from Illinois Speaker, House of Representatives, U.S. Capitol, was concurred in. [Mr. YATES] and the gentleman from Washington, DC. DEAR MR. SPEAKER: I hereby resign from A motion to reconsider was laid on California [Mr. THOMAS] for bringing the Committee on Small Business. the table. this measure to the floor at this time. f Sincerely, The commemoration of the Holocaust BILL LUTHER, REMOVAL OF NAME OF MEMBER is so important, and the fact that we Member of Congress. AS COSPONSOR OF H.R. 1062 do it here in the Capitol Building, in The SPEAKER pro tempore. Without the rotunda, is an extremely important Mr. BILBRAY. Mr. Speaker, I ask objection, the resignation is accepted. unanimous consent that my name be reminder to the entire world of the im- There was no objection. portance of the Holocaust. removed as a cosponsor of H.R. 1062. f The SPEAKER pro tempore. Is there Mr. Speaker, I am pleased to support House objection to the request of the gen- Concurrent Resolution 11, to authorize the use of the Capitol rotunda for a ceremony com- REMOVAL OF NAME OF MEMBER tleman from California? AS COSPONSOR OF H.R. 993 There was no objection. memorating the victims of the Holocaust. This f important ceremony will take place in the Cap- Mr. TIAHRT. Mr. Speaker, I ask itol on May 8, 1997, from 8 a.m. to 3 p.m. unanimous consent to remove the PERMITTING USE OF CAPITOL RO- The passage of this resolution and the sub- name of the gentleman from Califor- TUNDA FOR CEREMONY AS PART sequent ceremony of the Days of Remem- nia, Mr. Buck MCKEON, as a cosponsor OF COMMEMORATION OF DAYS brance, will provide the centerpiece of similar of H.R. 993. OF REMEMBRANCE OF VICTIMS Holocaust remembrance ceremonies that take The SPEAKER pro tempore. Is there OF THE HOLOCAUST place throughout the United States. This day objection to the request of the gen- Mr. THOMAS. Mr. Speaker, I ask of remembrance will be a day of speeches, tleman from Kansas? unanimous consent that the Commit- reading, and musical presentation and will pro- There was no objection. March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1281 ELECTION OF MEMBER TO COM- DESIGNATION OF HON. CONSTANCE creasing incentives. I would like to MITTEE ON INTERNATIONAL RE- MORELLA OR HON. FRANK WOLF eliminate the capital gains tax so we LATIONS TO ACT AS SPEAKER PRO TEM- have the maximum savings and the maximum investment to create the Mr. FILNER. On behalf of the Demo- PORE TO SIGN ENROLLED BILLS best jobs to have Americans have the cratic Caucus, Mr. Speaker, I offer a AND JOINT RESOLUTIONS best incomes in the world. I would like privileged resolution (H. Res. 106) and THROUGH TUESDAY, APRIL 8, 1997 to eliminate the death taxes because I ask for its immediate consideration. think they are wrong. I think it is The SPEAKER pro tempore laid be- The Clerk read the resolution, as fol- wrong to punish a family financially fore the House the following commu- lows: when they are already in pain. And I nication from the Speaker: HOUSE RESOLUTION 106 think if you have already earned the WASHINGTON, DC, Resolved, That the following named Mem- money and paid taxes on the money, March 21, 1997. ber be, and is hereby, elected to the follow- the Government should not revisit it I hereby designate the Honorable CON- ing standing committee of the House of Rep- and you should not have to sell your STANCE A. MORELLA or, if not available to resentatives: To the Committee on Inter- perform this duty, the Honorable FRANK R. family farm, you should not to have to national Relations: WOLF to act as Speaker pro tempore to sign sell your small business just to pay the William Luther of Minnesota. enrolled bills and joint resolutions through IRS. I believe the IRS is too big. I have The resolution was agreed to. Tuesday, April 8, 1997. gone everywhere in America and made A motion to reconsider was laid on NEWT GINGRICH, a speech that said, when there are the table. Speaker of the House of Representatives. 110,000 Internal Revenue agents and The SPEAKER pro tempore. Without there are 5,500 Border Patrol and there f objection, the designation is accepted. are 7,400 Drug Enforcement Adminis- There was no objection. tration agents so there are 10 IRS f agents for every person guarding the AUTHORIZING SPEAKER, MAJOR- border so we cannot protect you from ITY LEADER, AND MINORITY SPECIAL ORDERS illegal drugs and we cannot stop illegal LEADER TO ACCEPT RESIGNA- immigrants but we can audit every TIONS AND MAKE APPOINT- The SPEAKER pro tempore. Under the Speaker’s announced policy of Jan- small business in America, there is MENTS, NOTWITHSTANDING AD- something wrong. We ought to end the JOURNMENT uary 7, 1997, and under a previous order of the House, the following Members IRS as we know it. Mr. HASTERT. Mr. Speaker, I ask will be recognized for 5 minutes each. So I am deeply committed to lower- ing taxes. I favor a big debate between unanimous consent that notwithstand- f ing any adjournment of the House until Steve Forbes and Majority Leader DICK Tuesday, April 8, 1997, the Speaker, TAXES, BUDGETS, AND SAVING ARMEY, who want a flat tax to replace majority leader, and minority leader MEDICARE the income tax, and Chairman BILL AR- be authorized to accept resignations The SPEAKER pro tempore. Under a CHER and DICK LUGAR and others who and to make appointments authorized previous order of the House, the gen- want a sales tax to completely elimi- nate the income tax. I think the Re- by law or by the House. tleman from Georgia [Mr. GINGRICH] is publican Party should be committed to The SPEAKER pro tempore. Is there recognized for 5 minutes. a 2- or 3-year effort to educate the Na- objection to the request of the gen- Mr. GINGRICH. Mr. Speaker, I want tion, have the Nation decide, how do tleman from Illinois? to take just a few minutes of my col- you want to replace the current code, There was no objection. leagues’ time to talk about taxes, which way do you want to do it. How budgets, and saving Medicare, because do we dramatically shrink the IRS. f this week I seem to make a great deal I led the effort to say that I thought of news saying something that I that the Internal Revenue Service DISPENSING WITH CALENDAR thought actually was rather common- proved, when their $4 billion computer WEDNESDAY BUSINESS ON sensical and exactly fitting where the program did not work, that maybe the WEDNESDAY, APRIL 19, 1997 Republican Party has been. problem is the Internal Revenue Code I began on Monday by being on this is so complicated that if the govern- Mr. HASTERT. Mr. Speaker, I ask floor for the first time in a long time unanimous consent that the business ment cannot understand it for $4 bil- laying out a Republican agenda which I lion, you should not expect the average in order under the Calendar Wednesday believe in deeply, which had as one of rule be dispensed with on Wednesday, citizen to understand it. its items balancing the budget, one of The only question I raised was this. April 19, 1997. its items cutting taxes so Americans We saw in the last 2 years some people The SPEAKER pro tempore. Is there have more take-home pay and more use Medicare as a political tool. It was objection to the request of the gen- economic growth, and one of its items wrong. We saw some people delib- tleman from Illinois? saving Medicare. erately scare senior citizens and it was There was no objection. b 1315 wrong. We saw people say, well, Repub- licans want to cut taxes and they want f When I came off the floor I chatted to save Medicare and there was with several reporters and said, I think promptly, let us link them together. GRANTING MEMBERS OF THE what is vital is that this year we bal- So my position is simple. I think the HOUSE PRIVILEGE TO REVISE ance the budget, we save Medicare, and best, safest thing we could do for AND EXTEND REMARKS AND TO we cut taxes so people have more take America and for our senior citizens is INCLUDE EXTRANEOUS MATE- home pay, so parents have more let us get to an agreement on Medi- RIAL IN CONGRESSIONAL money, so we have more economic care. Let us get it done and let us get RECORD FOR TODAY growth, but that the precise way we do it off the table so there is no question it is less important than getting it we did it to save Medicare. We did it to Mr. HASTERT. Mr. Speaker, I ask done, that the important thing, wheth- save our parents and grandparents. We unanimous consent that for today all er it is all done in one big bundle or did it to save our children and grand- Members be permitted to extend their whether it is done in a series of steps, children so we have a stable, honest, remarks and to include extraneous ma- is that we get it done. In that con- reformed Medicare system that is terial in that section of the RECORD en- versation I said, we should clearly vote solid, period. titled ‘‘Extension of Remarks.’’ on tax cuts before the end of the year. Then I wanted to challenge the lib- The SPEAKER pro tempore. Is there Now, let me make clear my position. erals. Do not tell me about tax cuts. objection to the request of the gen- I began running in the 1970’s. I was one Tell me about the size of Government. tleman from Illinois? of the early cosponsors of the Kemp- I am for smaller Government in Wash- There was no objection. Roth bill. I believe in cutting taxes, in- ington, fewer bureaucrats, less redtape. H1282 CONGRESSIONAL RECORD — HOUSE March 21, 1997 I want to return power back home. 1986 alone. Maybe it is time for us to leader, and symbol of the ongoing Now, let us debate the size of Govern- really debate whether a better system struggle for equal rights and equal op- ment. I do not think liberals can win is right for the country, not Democrat portunity. March 31, the birthday of that debate. or Republican but a better system for Cesar Chavez, has already been de- Now, when we are done doing those America. clared a State holiday in California. two, let us make sure that we get cor- Mr. GINGRICH. Let me say to the Today I ask my colleagues to join me rect, historically accurate scoring of a gentleman, as you know also on April in making March 31 a Federal holiday capital gains cut which means, by the 15, we are going to hold the vote until so that our entire Nation can honor way, it will raise revenue. Under the you get back from Boston, and we are Cesar Chavez for his many contribu- budget act, if you honestly scored cap- then going to vote on an amendment tions. ital gains, it will increase revenue. So that would require a supermajority to Cesar Chavez, the son of migrant you do not score it as a cut. It is an in- raise taxes because more and more farmworkers, dedicated his life to crease. So it is magic. You lower taxes, States, particularly out West, now re- fighting for the human rights and dig- more Americans save, more Americans quire that you get two-thirds of the nity of those farmworkers. He was born invest, more Americans go to work, vote or three fifths of the vote even to on March 31, 1927, on a small farm near and historically every time we have raise taxes because they have learned Yuma, AZ, and died nearly 4 years ago, done it, you have raised revenue. Only that politicians all too often will take on April 23, 1993. Over the course of his in Washington is an increase counted money from the people to pay off the 66 years, Cesar Chavez’ work inspired as a decrease. Only the technicians special interests. So April 15 is going to millions and made him a major force in here who have never created a job be a great date for the American tax- American history. could get away with it. payer. In 1962, Cesar Chavez and his family We need to have a debate and insist But my point to all of my colleagues founded the National Farm Workers that it be scored historically accu- is straightforward. It should not be Association, which organized thou- rately. At that point we have enough hard to figure out what the agenda of sands of farmworkers to confront one money. We can cut taxes. I want a the House Republican Party is. It of the most powerful industries in the straightforward debate. I believe we should not be hard to figure out where country. He inspired them to join to- ought to have a cut in the capital gains the Republican Party is going. We gether and nonviolently demand safe tax to create jobs, we ought to lower want lower taxes for economic growth, and fair working conditions. the death taxes to save family farms stronger families, more take home pay, Through the use of a grape boycott, and small businesses, we ought to have and greater volunteerism. he was able to secure the first union a $500-per-child tax credit so that par- We want a stable, balanced budget so contracts for farmworkers in the Unit- ents decide how to spend their money. our children do not have to pay off our ed States. These contracts provided If our liberal friends want to talk bills. In peacetime we should not bor- farmworkers with the basic services about targeted, which always means row the money. We want the lower in- that most workers take for granted, the Government targets, I think the terests rates and the lower taxes that services such as clean drinking water American people ought to target. But come from a balanced budget. We want and sanitary facilities. Because of that is the great debate over taxes. less Government in Washington and Cesar Chavez’ fight to enforce child My only point Monday was, here are more freedom back home, and we be- labor laws, farmworkers could also be three goals for 1997, the goal of saving lieve that saving Medicare should be certain that their children would not Medicare because it deserves to be done on its own terms for Americans be working side by side with them and saved on its own. Let us get it done, by Americans. would instead attend the migrant Mr. President, and get it off the table It is wrong. It is wrong. It is wrong to schools he helped establish. In addi- and not use it for politics. The goal of use Medicare as a political blackmail tion, Cesar Chavez made the world balancing the budget with a smaller to try to stop us from getting an agree- aware of the exposure to dangerous Government in Washington and more ment. Let us save Medicare now. Get it chemicals that farmworkers and all power back home. And the goal of re- done in April. Get it over with. Make consumers face every day. ducing taxes so Americans save more, sure it is done. Take care of our senior As a labor leader, he earned great invest more, have more time off with citizens. Get it off the table. Cut out support from unions and elected offi- their kids and more money to take all the fear mongering, all the dema- cials across the Nation. The movement care of their families. goguery. Then let us talk about how to he began continues today as the United I thought that is what I said on Mon- cut taxes and balance the budget and Farm Workers of America. day. I wanted to come here and make get economic growth and strengthen Cesar Chavez’ influence extended far very clear, I hope all my colleagues families. beyond agriculture. He was instrumen- will go back and read what I said on I hope that for anybody who is curi- tal in forming the Community Service the floor on Monday. I hope the report- ous among our Members, among activ- Organization, one of the first civic ac- ers who had a field day all week re- ists in the press corps, they now get tion groups in the Mexican-American explaining what I did not say in terms the clear message. Lower taxes, bal- communities of California and Arizona. of making them feel better will now anced budget, less power in Washing- He worked in urban areas, organized listen carefully to what I actually said. ton, more freedom back home, save voter registration drives, brought com- I yield to the gentleman from Louisi- Medicare on its own terms because plaints against mistreatment by Gov- ana [Mr. TAUZIN]. America’s senior citizens deserve to see ernment agencies. He taught commu- Mr. TAUZIN. Mr. Speaker, I thank Medicare put above politics and done. nity members how to deal with Govern- the gentleman for yielding. I also com- I think that is a pretty darn good ment, school, and financial institutions mend him for even beginning this great agenda to start the next few weeks on. and empowered many to seek further national debate on whether or not we f advancement in education and politics. ought to replace an income tax in There are countless stories of judges, America with a fairer, flatter, more A NATIONAL HOLIDAY FOR CESAR engineers, lawyers, teachers, church reasonable proposal for the country. CHAVEZ leaders, organizers, and other hard- I want to let him know that on April The SPEAKER pro tempore (Mr. working professionals who credit Cesar 15 a great many Democrats and Repub- HAYWORTH). Under a previous order of Chavez as the inspiring force in their licans are going to be together in Bos- the House, the gentleman from Califor- lives. ton Harbor. We are going to have an nia [Mr. FILNER] is recognized for 5 During a time of great social up- historic reenactment of the Boston Tea minutes. heaval, he was sought out by groups Party. We are going to dump the Unit- Mr. FILNER. Mr. Speaker, I rise from all walks of life and religions to ed States tax code into the harbor in a today to honor and remember a great bring calm with his nonviolent prac- symbolic gesture to begin this debate. American leader and hero, Cesar Cha- tices. In his fight for peace, justice, re- It starts with recognizing we have a vez. He was a husband, father, grand- spect, and self-determination, he code out of control, 4,000 changes since father, labor organizer, community gained the admiration and respect of March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1283 millions of Americans, including this On that day they held a rally at New York has a district some 2,200 Congressman. Kanab High School. The entire town miles away from mine. His district has Cesar Chavez will be remembered for closed down and everyone gathered to no Federal lands, none at all. Surely he his tireless commitment to improve express their frustration at a President has more pressing environmental con- the plight of farmworkers, children, who in another State on the other side cerns in his own district. and the poor throughout the United of the Grand Canyon was making a de- Remember that H.R. 1500 is not about States, and for the inspiration his he- cision that would greatly affect their protecting public lands in Utah, it is roic efforts gave to so many Ameri- lives. The people were hurt and, yes, about showing disregard for the people cans. We in Congress must make cer- justifiably angry. They asked over and of Utah and the Utah congressional tain that the movement Cesar Chavez over again why their government delegation. I ask my colleagues, as a began and the timeless lessons of jus- would do such a thing to them in such matter of courtesy, please do not co- tice and fairness he taught be pre- a manner. sponsor H.R. 1500. served and honored in our national I can remember standing outside the f conscience. To make sure these fun- high school and watching as dozens of TERRORISM THREATENS MIDEAST damental principles are never forgot- black balloons were released as a sym- PEACE ten, I urge my colleagues to support bol of what had happened to southern legislation to declare March 31 a Fed- Utah. The SPEAKER pro tempore. Under a previous order of the House, the gen- eral holiday in honor of Cesar Chavez. b 1330 In his words and in the words of the tleman from New York [Mr. ENGEL] is United Farm Workers, ‘‘Si, se puede,’’ Given this history, is it any wonder recognized for 5 minutes. yes, it can be done. that the citizens of Utah today feel Mr. ENGEL. Mr. Speaker, the suicide f bruised and battered on the public land bombing today in a Tel Aviv cafe, issues? I think my colleagues can un- which killed at least 4 Israelis and in- UTAH AND H.R. 1500 derstand why I say that Utahns are jured dozens of people, was a cowardly The SPEAKER pro tempore. Under a suspicious of anyone from outside the act. This cowardly act represents a previous order of the House, the gen- State who would try to impose addi- knife in the heart of the peace process. tleman from Utah [Mr. CANNON] is rec- tional restrictions on Utah’s public Terror is not an arrow in the quiver of ognized for 5 minutes. lands. those who strive for peace. Mr. CANNON. Mr. Speaker, I rep- And that brings me to H.R. 1500, a What bothers me, Mr. Speaker, is resent Utah’s Third Congressional Dis- bill that will be shortly introduced into that while Yasir Arafat condemned the trict. Most Americans know a little bit Congress. This is a bill sponsored by bombing, he once again is speaking out about my district. Last fall, on Sep- one of my colleagues from New York. of 16 sides of his mouth. What disturbs tember 18, President Clinton stood It would designate a staggering 5.7 mil- me is the Palestinian negotiators or across the State line in Arizona, on the lion acres of BLM land in Utah as wil- the Palestinian authorities have been other side of the Grand Canyon, and derness. This is an area three times the using the threat of terror for a while with a few quick words and the stroke size of this enormous monument. now, saying that if the Israelis went of a pen created the Grand Staircase- Utahns are still reeling from the ahead and built the Har Homa housing Escalante National Monument. blow by President Clinton’s monument that there would become suicide bomb- The fully understand the scale of this proclamation, and H.R. 1500 amounts ings, there would be terror, and that new monument, you must understand to rubbing salt in still-open wounds. To they could not be responsible for what how big the average U.S. monument is have outsiders introduce this bill at might happen. currently. The average is 30,500 acres. this time is not only highly inappropri- I say such rhetoric, such language is The new southern Utah monument at ate but offensive to the dignity of the to give an indirect green light to those 1.7 million acres is more than 55 times people of Utah. people who would use terror to maim larger. It is bigger than both Delaware Now, Utah has a lot of beautiful land. and kill innocent civilians. and Rhode Island combined. Some of it should be designated wilder- We will not and cannot allow terror The monument is extremely rugged, ness. But additional wilderness is ter- to destroy the peace process. When and parts are truly beautiful. The issue ribly, terribly divisive as an issue in Yasir Arafat releases Hamas terrorists is really not that the land should be Utah. Utahns are split and deeply di- from prison and then predicts that vio- protected. The issue is process. That is vided over how much of any acres of lence will happen in Israel as a result why Utahans are angry. If this had BLM land in Utah should be designated of the housing, he is giving a green been done through an open and as wilderness. There is absolutely no light to terrorist attacks. thoughtful process, I think Utahans consensus on this issue. He cannot speak out of 10 or 20 or 30 could have embraced something in the That is why I went and met with the sides of his mouth. He cannot oppose area. sponsor of H.R. 1500, the gentleman Hamas when it is expedient and then But that is not what happened. In- from New York, a few days ago and wink and turn the other way and say, stead this monument was done without asked him for a cooling-off period on ‘‘Oh, I condemn this terror,’’ when in discussion, without consultation and this issue of wilderness in Utah. I told essence we know that by predicting it without consideration. him if he introduced his bill it would be and looking the other way, it becomes The first time anyone in Utah, in- hurtful rather than helpful because of a self-fulfilling prophecy. When Arafat cluding my Democratic predecessor, the anger over the monument. Any bill signed the peace accords, he committed ever heard about the possibility of a right now would have the effect of pit- himself to the peace process, and com- monument was in the pages of the ting Utah’s political leaders, environ- mitting himself to the peace process Washington Post, a mere 7 days before mentalists, rural residents, and public means no side deals with Hamas terror- the actual creation of the monument. land users against each other. It would ists. During the week before September 18, dramatically and directly hurt the The Hamas terrorists ought to know Utah’s congressional delegation and cause of bringing Utahns together over that Jerusalem is the undivided capital Governor were told repeatedly that the issue of wilderness. of Israel and will remain so. When Is- nothing was imminent. Of course, I proposed a 2-year period during rael decides it wants to build housing something was. which no one in the Congress would or do whatever else it deems necessary On the day of the President’s procla- propose Utah wilderness legislation. in its own capital, Israel has the right mation, I was in southern Utah in the Utahns could then use the time to deal to do that. Terrorism should not be town of Kanab, which is on the west with the monument and seek consensus used and cannot be accepted as a vehi- edge of the monument. Kanab is a on the issue of wilderness. cle with which one side in a peace proc- small pioneer town. The residents are Despite my appeal, my colleague ess makes threats and says if you do solid people, ranchers, farmers and the from New York told me he is compelled not give us what we want we are going people who make their living by sup- to move forward. Frankly, I found this to have terrorist attacks and we will porting those who work on the land. pretty offensive. My colleague from not be able to do anything about it. H1284 CONGRESSIONAL RECORD — HOUSE March 21, 1997 The conference which condemned Is- DEDICATION OF UTAH NATIONAL So instead of a pristine area set aside rael, that was held just last weekend, MONUMENT BACKFIRES ON for people to enjoy, now what is it in which the United States partici- PRESIDENT going to be? Hotels, airports, every- pated, sadly, was such a conference The SPEAKER pro tempore. Under a thing going through there. And there where the rhetoric got out of hand and previous order of the House, the gen- should be wilderness in that area. No, encourages Palestinian and terrorists tleman from Utah [Mr. HANSEN] is rec- nobody benefited from this. Nobody. to attack Israel. ognized for 5 minutes. Absolutely nobody. Mr. Speaker, all of us who favor Mr. HANSEN. Mr. Speaker, a thought That is why my friend from the Third peace in the Middle East must con- occurred to me as my colleague from District, our Senators and others, are demn this cowardly act. We must not the Third Congressional District of introducing right now, yesterday as a stand for terror and we must put the Utah got up to speak about something. matter of fact, the Fairness Antiquity blame where it belongs, on the rhetoric He talked about President William Jef- Law, which means the President of the of Yasir Arafat and his people who say ferson Clinton going to the south rim United States cannot willy-nilly go one thing and do another. of the Grand Canyon on September 18, around declaring places all over this Mr. Speaker, I yield the balance of 1996, and in a few short words he de- country. He will be subjected to 5,000 my time to my good friend and co- clared that 1.7 million acres of Utah acres. If he goes over 5,000 acres, he chairman of the peace accord monitor- would be a monument. He said he did will have to have the concurrence of ing group with me, the gentleman from the same thing that Teddy Roosevelt the Governor, the legislature, and it New Jersey, Congressman SAXTON. I did using the antiquities laws when will have to pass this Congress. I per- yield 11⁄2 minutes to him, and then I Teddy Roosevelt created the Grand sonally think that is the right thing to yield 11⁄2 minutes to my friend, the gen- Canyon. do. tleman from New York, the distin- History tells us a different story. Mr. Speaker, I am really dis- guished chairman of the Committee on Teddy Roosevelt planned this out for appointed that the President would do International Relations Mr. GILMAN. years. He talked to the Governors, leg- this for a few measly votes with a few The SPEAKER pro tempore (Mr. islators, interested people. Teddy Roo- people, and then it flies right in his HAYWORTH). The Chair would instruct sevelt went all over the Grand Canyon. face. It did not work at all. In fact, it the gentleman he does not have 3 min- He hunted in the Grand Canyon. He has hurt people all over America. But utes remaining. However, he can yield hiked in the Grand Canyon. He floated it has helped the Chinese. I hope they the balance of the time, and accord- the Colorado River. He knew it inside enjoy it. ingly the gentleman from New Jersey and out. He was a historian and a man f [Mr. SAXTON], is recognized for the bal- who understood it. Then he made the BAD NEWS ON TRADE DEFICITS ance of the time. Grand Canyon, and bless his heart for Mr. SAXTON. Mr. Speaker, I would doing it, into a beautiful area. The SPEAKER pro tempore. Under a join with my friend, the gentleman William Jefferson Clinton, if he was previous order of the House, the gen- from New York [Mr. ENGEL], and the asked to put his hand on this new tleman from Ohio [Mr. BROWN] is rec- chairman of the Committee on Inter- monument, would probably miss it by ognized for 5 minutes. national Relations in condemning this. 500 miles. He did not even know it was Mr. BROWN of Ohio. Mr. Speaker, Frankly, I have 5 minutes of my own there. So the question comes up, why here we go again. The Department of time set aside here a little bit later, so did he do it? I guess a lot of environ- Commerce released yesterday more bad I will curtail my remarks at this time mental folks said, gee, this will be a news on trade figures and more bad so that Mr. GILMAN may be able to wonderful thing for you to do, Mr. news for American workers. make his. But I just think this is a President. We will all think it is a Trade figures show that this past very, very serious situation, one that is great thing if you make this monu- month we had a trade deficit of $12.7 overlooked all too often by us in this ment and set it aside. billion; setting records, again breaking country, and I will withhold the rest of Who benefits from this? Anybody records, bad news records month after my remarks for a few minutes until I benefit? The schoolchildren of Utah month after month after month. get to my time. had a little piece in there, just 40 acres, Again, Mr. Speaker, with the coun- Mr. GILMAN. Mr. Speaker, I want to of low sulfur coal that would accrue to tries that we have had the most prob- thank the gentleman from New Jersey their benefit and their education, so lems with in terms of our trade num- [Mr. SAXTON] for yielding his time and much so it is the only coal that I am bers, in terms of loss of jobs, the coun- the gentleman from New York [Mr. aware of in this hemisphere that is ac- tries where most of our trade policy ENGEL] for arranging this moment to ceptable with low sulfur and high Btu. has been directed, Mexico and China be able to commemorate what is hap- The President cut that out, just like were where the worst news came from. pening in Israel. that. How much money would that The trade deficit with Mexico went The Hamas bombing of a Tel Aviv mean to the kids in Utah? How about up 50 percent from 12 months ago this cafe today, killing three people and $5 billion that they are not going to month, with those trade figures cost- wounding scores of others, including a have for their education at this time. ing, again, thousands of American jobs 6-month-old child, was possible because Who benefited from this? There is a that have gone south. The trade figures of the climate of acceptance of terror- coal industry in Indonesia owned by with China, the trade deficit has gone ism against Israel which still prevails Red China, and they now have a mo- up a billion dollars over 1 year ago in among the Palestinians. nopoly on all of the coal of the world the same month. Yasir Arafat can utter all the words that is acceptable coal because this oc- Mr. Speaker, we are continuing to go of condemnation he wants to but, more curred. Of course, the Red Chinese down the path of free trade with larger important, he must actively root out seem to have some affiliation with this and larger trade deficits, with a situa- the infrastructure of terrorism in terri- administration, but I will not get into tion that is clearly costing us thou- tories under his control and make it that. sands and thousands of American jobs. absolutely clear to the Palestinian peo- We have another problem as we look At the same time, we are seeing a push ple that terrorism will no longer be tol- at regarding who benefited from this. from the administration and from Re- erated if we are to see an end to these Did the environmental community ben- publican leadership in this House ask- despicable acts. efit from this at all? Oh, yeah. Wow, we ing for fast track for Chile so that we Regrettably, Arafat’s recent meeting are going to get all this wilderness in can negotiate another trade agree- with Hamas leaders only sends the this area. ment, another trade agreement that wrong signal. Whether or not continu- Guess what? That wilderness was ex- will not work, another trade agreement ing to tolerate violence gives Arafat an tinguished by the President. In 1964, that will cost us jobs. occasional short-term victory, in the Congress passed a law that said only We are seeing the administration end it will cost him, and his people, the Congress could create wilderness, and push for negotiating for Chinese admit- peace that the vast majority of both Is- in this area there are three big WSA’s, tance to the World Trade Organization. raelis and Palestinians so desperately wilderness study areas. Nowhere can a Again, a step that clearly will cost want and need. monument have wilderness. more American jobs. March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1285 Our trade deficit with China has with us continues to mushroom and tioch Baptist Church has served as a beacon grown to the point that within a year who continues to violate all kinds of light of hope throughout the community in or so it will overtake our trade deficit world standards, that we get the oppor- striving to influence others to accept Christ with Japan, yet we continue to give tunity to vote on whether China is ad- as their personal saviour. The church has made great strides during most favored nation status recognition mitted into the World Trade Organiza- its 125 years. The accomplishments you and to China and continue to give China tion. the 4 previous pastors have made to the more trading privileges, as China con- I ask the Members of this body, par- church and the Macon/Bibb County commu- tinues to violate international trading ticularly on the other side of the aisle, nity are far too extensive to recount here, norms, international human rights on the Republican side of the aisle, to but rest assured that they are widely known norms, international norms for all push their leaders into bringing this to and universally appreciated. kinds of behavior in the world commu- a vote so we in this body can have My wife Julianne and my entire family nity. some input and help make that deci- join me in extending to the entire Greater Antioch Baptist Church community our very Just to take a few examples, Mr. sion whether we admit China into the warmest congratulations and best wishes. Speaker. As we talk about entry into World Trade Organization. f the World Trade Organization, and as f we talk later about China getting more TEEN PREGNANCY PREVENTION trade advantages from this country, as CONGRATULATING GREATER ANTI- we have unfortunately done year after OCH BAPTIST CHURCH’S 125TH The SPEAKER pro tempore. Under a year, China is a nation that when ANNIVERSARY previous order of the House, the gentle- threatened by free elections in neigh- The SPEAKER pro tempore (Mr. woman from North Carolina [Mrs. CLAYTON] is recognized for 5 minutes. boring Taiwan, sent missiles into the HAYWORTH). Under a previous order of straits of Taiwan, shooting in the the House, the gentleman from Georgia Mrs. CLAYTON. Mr. Speaker, 30 per- cent of all out-of-wedlock births are to water near the country of Taiwan, [Mr. CHAMBLISS] is recognized for 5 sending them a message about free minutes. teenagers below the age of 20. That as- elections. Mr. CHAMBLISS. Mr. Speaker, I rise tonishing reality should be alarming to China is a country where a relative of today to recognize and to congratulate Congress and to the citizens of our the prime minister smuggled some 2,000 the Reverend Nehemiah Collins and the country. More importantly, the re- AK–47’s into San Francisco, in obvious members of his congregation at the An- cently implemented welfare reform has direct violation of American law. tioch Baptist Church in Macon, GA as accelerated the need to address the China is a country that sold nuclear this weekend they celebrate the 125th issue of out-of-wedlock teen births. technology to rogue nations in south anniversary of their church. Antioch As we consider solutions to this Asia, again in violation of inter- Baptist Church was founded in 1872 in a issue, we must keep in mind that no national norms. place in Bloomfield, which is a portion other industrialized nation with a China is a country that has violated of Macon, then called Forks Creek. The standard of living comparable to the all kinds of human rights with slave church was later moved to the present United States has a problem of this di- labor, with child labor; a country location on Antioch Road. mension. On the problem of teenage where 12-year-old children in slave This church has been a beacon light pregnancy, we have the dubious dis- labor camps make toys for 12-year-old of hope throughout the community in tinction of leading the world. It is crit- children to play with on America’s striving to influence others to accept ical that our Nation take a clear stand playgrounds. Christ as their personal saviour and to against teen pregnancy and that this position be widely publicized. b 1345 live an exemplary life as we walk among others who have already con- We must encourage and then be en- It is clear that this is not a country fessed Him as their saviour. gaged in a national discussion about we should reward with continued most- Antioch Baptist Church has made how religious culture and public values favored-nation status, with continued great strides during these 125 years in influence both teenage pregnancy and trade advantages. This is not a country the spreading of the good news to man- the way our society responds to this di- we should allow into the World Trade kind. One thing that is extremely un- lemma. We must encourage and stimu- Organization until they improve their usual about Antioch Baptist Church is late innovative solutions through local policies on human rights, until they that though it has been in existence for schools, churches, and civic groups, as improve their policies on the CD roms 125 years, it has only had 5 pastors. well as local and State officials. that they have stolen, intellectual The current pastor, the Reverend Ne- We must foster community involve- property rights that they have violated hemiah Collins, is entering his 26th ment where each community will de- across the board. year as pastor of that church. However, termine what would be appropriate and Indeed, these last numbers from the he is not the longest serving pastor of acceptable based on the community’s Commerce Department show clearly Antioch Baptist Church, for the Rev- standards and values. I think you will again the tens of thousands, the hun- erend E.W. Hoyt, the third pastor of agree that these decisions must be dreds of thousands of jobs that our pol- this great church, served his congrega- made at the community level, by the icy with China has cost American tion for a total of 52 years. individuals who care the most and who workers. It is a nation that has vio- Mr. Speaker, I wish to recognize not have the greatest influence with these lated all kinds of human rights, ig- only Reverend Collins but Deacons Joe young people. The parents, families, nored international norms, has vio- Heggs, Sorrell Acree, B.T. Reid, James churches, teachers, scout leaders, and lated all kinds of standards around the Wimberly, Harold Murphy, and all the community members who know these world, yet we continue to offer them members of the congregation of this teenagers best will determine what most-favored-nation status and the ad- fine religious organization on the 125th kinds of programs their community ministration continues to negotiate anniversary. should use to help their young people with them on admittance to the World I will be very pleased on Sunday avoid becoming teen parents pre- Trade Organization. afternoon to participate in the service maturely. Congressman GEPHARDT, the minor- at Antioch Baptist Church, and I want As we consider how and where to re- ity leader, has introduced legislation duce spending, we must also not forget to enter into the RECORD a proclama- with several others of us that Congress tion that I will be delivering Sunday that teen pregnancy costs a heavy bur- should be part of this negotiation, that afternoon. This is addressed to the den on the Federal budget. If we want Congress should have to vote on admit- Reverend Collins. to balance the budget, let us begin by tance of China to the World Trade Or- working to bring some balance to the ganization. I would hope that the It is indeed an honor for me to personally lives of thousands and thousands of our deliver greetings to the Greater Antioch Speaker and the leaders of this House Baptist Church congregation on this most teenagers involved in premature child- would see fit that we should, as this historic day, the church’s 125th anniversary. bearing. body, have input into this decision Since its founding in 1872 at Forks Creek Once a teenager becomes pregnant, whether China, whose trade deficit in the Bloomfield area of Macon, Greater An- there is no good solution. There is pain H1286 CONGRESSIONAL RECORD — HOUSE March 21, 1997 in adoption, there is pain in abortion, heard that a bomb had been exploded in occupiers understand, the language of there is pain and suffering giving birth Tel Aviv by a suicide bomber. I imme- martyrdom, said the Hamas leader and parenting a child prematurely. The diately picked up the telephone and Hamed Bitawi. best solution is to prevent the preg- called a friend that lives in Tel Aviv b 1400 nancy. Young people who believe that with her husband, an elderly, older they have a real future to risk have couple, and she described to me over These are difficult situations to talk real incentives to delay parenting. This the telephone what a friend of hers, an about and, for me, quite impossible to is why when we demand responsible be- eyewitness to this bombing, saw. understand, and I hope, Mr. Speaker, havior, we have a reciprocal obligation It seems that it was lunchtime and that the American people and particu- to offer a real future beyond early the waiter, who was the one who de- larly the administration will take note parenting and poverty. scribed this, saw a man who looked of this event. Reducing teen childbearing is likely like he did not belong there enter the f streetside cafe with two bags. As the to require more than eliminating or LEAVE OF ABSENCE manipulating welfare programs. Expe- waiter approached the individual to rience tells us that threats and punish- find out why he was there, he simply By unanimous consent, leave of ab- ment are not the best way to get teens sat a bag on the chair, which caused sence was granted to: to behave in a way that is good for the bag to explode. Forty-seven people Mr. FORBES (at the request of Mr. them and their future. were wounded and 3 were killed by this ARMEY), for today, on account of fam- The most successful approach to re- fanatic who caused this to happen. ily illness. ducing teen childbearing is to design The Associated Press writes an ac- Mr. OXLEY (at the request of Mr. policies and procedures that are tar- count of what it was like. The Associ- ARMEY), for today, on account of a geted to encourage positive devel- ated Press writes: death in the family. opmental behavior through beneficial The blast scattered chairs, tables and um- Mr. UNDERWOOD (at the request of adult role models and job connections. brellas on a tree-lined boulevard just yards Mr. GEPHARDT), for today, on account We must implement pregnancy pre- away from City Hall. Smoke rose from the of official business. vention programs that educate and charred wood and cloth umbrellas, and nap- Mr. PASCRELL (at the request of Mr. support school age youths between the kins and half-eaten plates of food were GEPHARDT), for today, on account of strewn about. personal business. ages of 10 and 21 in high risk situations Among the injured was a 6-month-old girl and their family members through in a red and blue clown costume. Her head f comprehensive social and health serv- was matted with blood as she was carried SPECIAL ORDERS GRANTED ices, with an emphasis on pregnancy away screaming. prevention. Devoting more resources to There was a powerful boom, glass flying By unanimous consent, permission to preventing teen pregnancy will not everywhere, and there was a lot of blood, address the House, following the legis- only save us money in the long run but said the cafe’s shift manager who gave his lative program and any special orders will improve the lives, health, edu- name as Roi. He sobbed hysterically, sitting heretofore entered, was granted to: back on the sidewalk holding his head. cation, economic opportunities, and (The following Members (at the re- the well-being of these young people This happened today. This happened quest of Mr. FILNER) to revise and ex- and their families. Moreover, they will in a cafe that I have visited. This hap- tend their remarks and include extra- give hope for this Nation and they will pened within 2 blocks of my friends’ neous material:) have an opportunity to make a positive home, and it causes us as Americans to Mr. FILNER, for 5 minutes, today. contribution. wonder why. Mr. ENGEL, for 5 minutes, today. Mr. Speaker, we must be engaged in Well, one does not have to look far to Ms. NORTON, for 5 minutes, today. this effort. find out why, because, as the Speaker Mrs. CLAYTON, for 5 minutes, today. knows, during Desert Shield and Desert (The following Members (at the re- f Storm the West proved to those coun- quest of Mr. CHAMBLISS) and to revise The SPEAKER pro tempore. Under a tries that would sponsor these kinds of and extend their remarks and include previous order of the House, the gen- acts that in order for them to carry out extraneous material:) tleman from New Jersey [Mr. their desired, or to attain their desired Mr. GINGRICH, for 5 minutes, today. CHRISTENSEN] is recognized for 5 min- goals, they are going to have to find Mr. CANNON, for 5 minutes, today. utes. some way to do it other than through Mr. HANSEN, for 5 minutes, today. [Mr. CHRISTENSEN addressed the conventional military means, and ter- Mr. CHRISTENSEN, for 5 minutes, House. His remarks will appear here- ror is one of the tools they use. What I today. after in the Extensions of Remarks.] described is terror. What is in this AP Mr. CHAMBLISS, for 5 minutes, today. f article is something that we as Ameri- Mr. SAXTON, for 5 minutes, today. cans find hard to believe and can only The SPEAKER pro tempore. Under a (The following Member (at his own imagine. And yet in that part of the previous order of the House, the gentle- request) to revise and extend his re- world, this is an all too often occur- woman from the District of Columbia marks and include extraneous mate- rence. [Ms. NORTON] is recognized for 5 min- rial:) As we look to see why the same AP utes. Mr. BROWN of Ohio. article quotes some individuals who f [Ms. NORTON addressed the House. may have had something to do with Her remarks will appear hereafter in this. If I can quote an Hamas leader, ENROLLED BILL SIGNED the Extensions of Remarks.] Ibrahim Maqadmeh, ‘‘Jerusalem will Mr. THOMAS, from the Committee f not be restored by negotiations, but on House Oversight, reported that that only with holy war, whatever the sac- SUICIDE BOMBING IN TEL AVIV committee had examined and found rifices,’’ he said today, he told a crowd truly enrolled a bill of the House of the The SPEAKER pro tempore. Under a of 50,000 cheering people in Khan Unis following title, which was thereupon previous order of the House, the gen- in the Gaza Strip. signed by the Speaker: tleman from New Jersey [Mr. SAXTON] In the West Bank town of Nablus, a H.R. 514. An act to permit the waiver of is recognized for 5 minutes. different Hamas leader told the crowd District of Columbia residency requirements Mr. SAXTON. Mr. Speaker, recall of 10,000 supporters this afternoon, for certain employees of the Office of the In- with me for just a moment where you today, ‘‘I have good news for you,’’ he spector General of the District of Columbia. were and where all of our friends were said. ‘‘There is a suicide operation in f on the day the World Trade Center was Tel Aviv’’ today. bombed and think back for a minute The crowd clapped and cheered. God BILL PRESENTED TO THE about how that made us feel. It is with- is great. This is the only language that PRESIDENT in that kind of a context that I viewed the occupiers, meaning the Israelis, the Mr. THOMAS, from the Committee an occurrence earlier today when I occupiers, this is the only language the on House Oversight, reported that that March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1287 committee did on the following date Commission, transmitting the Commission’s 2483. A letter from the Secretary of Com- present to the President, for his ap- final rule—Agreement Between the United merce, transmitting the grant-in-aid for proval, a bill of the House of the fol- States Nuclear Regulatory Commission and fisheries 1995–96 program report, pursuant to lowing title: the Commonwealth of Massachusetts for the 16 U.S.C. 757(a)–757(f) and 16 U.S.C. 4107 et Discontinuance of Certain Commission Reg- seq.; to the Committee on Resources. On March 19, 1997: ulatory Authority and Responsibility Within 2484. A letter from the Director, Federal H.R. 924. An act to amend title 18, United the Commonwealth Pursuant to Section 274 Bureau of Prisons, Department of Justice, States Code, to give further assurance to the of the Atomic Energy Act of 1954, as Amend- transmitting the Department’s final rule— right of victims of crime to attend and ob- ed—received March 21, 1997, pursuant to 5 Transfer of Inmates to State Agents for Pro- serve the trials of those accused of the U.S.C. 801 (a) (1) (A); to the Committee on duction on State Writs (Bureau of Prisons) crime. Commerce. [BOP–1058–F] (RIN: 1120–AA53) received f 2472. A letter from the Director, Office of March 21, 1997, pursuant to 5 U.S.C. Congressional Affairs, Nuclear Regulatory 801(a)(1)(A); to the Committee on the Judici- ADJOURNMENT Commission, transmitting the Commission’s ary. Mr. SAXTON. Mr. Speaker, pursuant final rule—Policy and Procedure for Enforce- 2485. A letter from the Secretary of Trans- to Senate Concurrent Resolution 14, ment Actions; Policy Statement [NUREG– portation, transmitting a draft of proposed 105th Congress, I move that the House 1600] received March 21, 1997, pursuant to 5 legislation to authorize appropriations for U.S.C. 801(a)(1)(A); to the Committee on fiscal years 1998 and 1999 for the U.S. Coast do now adjourn. Commerce. The motion was agreed to. Guard, and for other purposes, pursuant to 31 2473. A letter from the Chairman, Board of U.S.C. 1110; to the Committee on Transpor- The SPEAKER pro tempore (Mr. Governors of the Federal Reserve System, tation and Infrastructure. HAYWORTH). Pursuant to the provisions transmitting a copy of the annual report in 2486. A letter from the Secretary of Health of Senate Concurrent Resolution 14, compliance with the Government in the Sun- and Human Services, transmitting the De- 105th Congress, the House stands ad- shine Act during the calender year 1996, pur- partment’s report entitled ‘‘Child Support journed until 12:30 p.m. on Tuesday, suant to 5 U.S.C. 552b(j); to the Committee Enforcement Incentive Funding,’’ pursuant April 8, 1997, for morning hour debates. on Government Reform and Oversight. to Public Law 104–193, section 341(a) (110 2474. A letter from the Acting General Stat. 2231); to the Committee on Ways and Thereupon (at 2 o’clock and 1 minute Counsel, Department of Energy, transmit- p.m.), pursuant to Senate Concurrent Means. ting the Department’s final rule—Financial 2487. A letter from the Acting Commis- Resolution 14, the House adjourned Assistance Letter (Guidance on Implement- sioner of Social Security, Social Security until Tuesday, April 8, 1997, at 12:30 ing Section 18 of the Lobbying Disclosure Administration, transmitting a report on the p.m. for morning hour debates. Act of 1995) [Letter No. 97–02] received March implementation of the childhood disability f 21, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to provisions in the Personal Responsibility the Committee on Government Reform and and Work Opportunity Reconciliation Act of Oversight. EXECUTIVE COMMUNICATIONS, 1996, pursuant to Public Law 104–193, section 2475. A letter from the Acting General ETC. 211(d)(3) (110 Stat. 2191); to the Committee on Counsel, Department of Energy, transmit- Under clause 2 of rule XXIV, execu- ting the Department’s final rule—Unfunded Ways and Means. 2488. A letter from the Assistant Attorney tive communications were taken from Mandates Reform Act; Intergovernmental General of the United States, transmitting a Consultation—received March 21, 1997, pursu- the Speaker’s table and referred as fol- draft of proposed legislation to include ant to 5 U.S.C. 801(a)(1)(A); to the Committee lows: American Samoa in the act of October 5, 1984 2466. A letter from the Administrator, Ag- on Government Reform and Oversight. 2476. A letter from the Director, Office of (90 Stat. 1732, 48 U.S.C. 1662a), dealing with ricultural Marketing Service, transmitting Science and Technology Policy, Executive territories of the United States, and for the Service’s final rule—Popcorn Promotion, Office of the President, transmitting a report other purposes; jointly, to the Committees Research, and Consumer Information Order; of activities under the Freedom of Informa- on Resources and the Judiciary. Referendum Procedures [FV–96–709FR] re- tion Act for the calendar year 1996, pursuant 2489. A letter from the Secretaries of Edu- ceived March 21, 1997, pursuant to 5 U.S.C. to 5 U.S.C. 552(d); to the Committee on Gov- cation and the Treasury, transmitting a 801(a)(1)(A); to the Committee on Agri- ernment Reform and Oversight. draft of proposed legislation entitled the culture. 2477. A letter from the Director, Institute ‘‘Hope and Opportunity for Postsecondary 2467. A letter from the Congressional Re- of Museum Services, transmitting the fiscal Education Act of 1997’’; jointly, to the Com- view Coordinator, Animal and plant Health year 1996 annual report under the Federal mittees on Ways and Means and Education Inspection Service, transmitting the Serv- Managers’ Financial Integrity Act [FMFIA] and the Workforce. ice’s final rule—Viruses, Serums, Toxins, and of 1982, pursuant to 31 U.S.C. 3512(c)(3); to the 2490. A letter from the Secretary of De- Analogous Products; Biologics Establish- Committee on Government Reform and fense, transmitting the annual report for the ment Licenses and Biological Product Li- Oversight. National Security Education Program, pur- censes and Permits [Docket No. 96–055–2] re- 2478. A letter from the Chairman, Merit suant to 50 U.S.C. 1906; jointly, to the Com- ceived March 21, 1997, pursuant to 5 U.S.C. Systems Protection Board, transmitting the mittees on Intelligence (Permanent Select) 801 (a) (1) (A); to the Committee on Agri- 18th annual report on the activities of the and Education and the Workforce. culture. board during fiscal year 1996, pursuant to 5 2491. A letter from the Assistant Secretary 2468. A letter from the Acting Adminis- U.S.C. 1206; to the Committee on Govern- for Legislative Affairs, Department of State, trator, Agency for Health Care Policy and ment Reform and Oversight. transmitting a draft of proposed legislation Research, transmitting the Agency’s final 2479. A letter from the Chairman, Nuclear to authorize appropriations for the Depart- rule—Health Services Research, Evaluation, Regulatory Commission, transmitting a re- ment of State to carry out its authorities Demonstration, and Dissemination Projects; port of activities under the Freedom of Infor- and responsibilities in the conduct of foreign Peer Review of Grants and Contracts (RIN: mation Act for the calendar year 1996; pursu- affairs during the fiscal years 1998 and 1999, 0919–AA00) received March 18, 1997, pursuant ant to 5 U.S.C. 552(d); to the Committee on and for other purposes, pursuant to 31 U.S.C. to 5 U.S.C. 801 (a) (1) (A); to the Committee Government Reform and Oversight. 1110; jointly, to the Committees on Inter- on Commerce. 2480. A letter from the Acting Director, Of- national Relations, the Judiciary, and Gov- 2469. A letter from the Inspector General, fice of Surface Mining Reclamation and En- ernment Reform and Oversight. Department of Health and Human Services, forcement, transmitting the Office’s final 2492. A letter from the Assistant Attorney transmitting a report on Superfund financial rule—Ohio Abandoned Mine Land Reclama- General for Administration, Department of activities at the National Institute of Envi- tion Plan (OH–236–FOR] received March 20, Justice, transmitting a study of the long- ronmental Health Sciences for fiscal year 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the term alternatives for the District of Colum- 1995; pursuant to 31 U.S.C. 7501 note; to the Committee on Resources. bia Department of Corrections [D.C. DOC] Committee on Commerce. 2481. A letter from the Acting Director, Of- correctional complex in Lorton, VA, pursu- 2470. A letter from the Director, Office of fice of Surface Mining Reclamation and En- ant to Pubic Law 104–134, section 151(b)(3) Regulatory Management and Information, forcement, transmitting the Office’s final (110 Stat. 1321–102); jointly, to the Commit- Environmental Protection Agency, transmit- rule—Maryland Regulatory Program [MD– tees on the Judiciary, Government Reform ting the Agency’s final rule—Designation of 040–FOR] received March 20, 1997, pursuant to and Oversight, and Appropriations. Areas for Air Quality Planning Purposes; 5 U.S.C. 801(a)(1)(A); to the Committee on f Correction of Designation of Nonclassified Resources. Ozone Nonattainment Areas; States of Maine 2482. A letter from the Acting Director, Of- REPORTS OF COMMITTEES ON and New Hampshire [ME048–1–6997a; FRL– fice of Surface Mining Reclamation and En- PUBLIC BILLS AND RESOLUTIONS 5802–3] received March 21, 1997, pursuant to 5 forcement, transmitting the Office’s final U.S.C. 801 (a) (1) (A); to the Committee on rule—Texas Regulatory Program [SPATS Under clause 2 of rule XIII, reports of Commerce. No. TX–017–FOR] received March 20, 1997, committees were delivered to the Clerk 2471. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for printing and reference to the proper Congressional Affairs, Nuclear Regulatory mittee on Resources. calendar, as follows: H1288 CONGRESSIONAL RECORD — HOUSE March 21, 1997 Mr. YOUNG of Alaska: Committee on Re- H.R. 1218. A bill to amend title XVIII of the to the Committee on Education and the sources. H.R. 752. A bill to amend the Endan- Social Security Act to provide for coverage Workforce, and in addition to the Committee gered Species Act of 1973 to ensure that per- of pharmaceutical care services under part B on Commerce, for a period to be subse- sons that suffer or are threatened with in- of the Medicare Program; to the Committee quently determined by the Speaker, in each jury resulting from a violation of the act or on Commerce, and in addition to the Com- case for consideration of such provisions as a failure of the Secretary to act in accord- mittee on Ways and Means, for a period to be fall within the jurisdiction of the committee ance with the act have standing to com- subsequently determined by the Speaker, in concerned. mence a civil suit on their own behalf; with each case for consideration of such provi- By Mr. SHAYS: an amendment (Rept. 105–42). Referred to the sions as fall within the jurisdiction of the H.R. 1223. A bill to amend the Immigration Committee of the Whole House on the State committee concerned. and Nationality Act to modify the require- of the Union. By Ms. PELOSI (for herself, Mrs. ments, with respect to understanding the f MORELLA, Mr. ABERCROMBIE, Mr. English language, history, principles, and ACKERMAN, Mr. BARRETT of Wiscon- form of government of the United States, ap- CORRECTED PRINT ON H.R. 1048, sin, Mr. BECERRA, Mr. BENTSEN, Mr. plicable to the naturalization of certain INTRODUCED MARCH 12, 1997 BERMAN, Mr. BOEHLERT, Mr. BONIOR, older individuals; to the Committee on the Under clause 5 of Rule X and clause 4 Mr. BORSKI, Mr. BROWN of Ohio, Mr. Judiciary. of Rule XXII, bills and resolutions of BROWN of California, Mr. CAPPS, Mr. By Mr. WOLF: the following titles were introduced CARDIN, Mrs. CARSON, Ms. CHRISTIAN- H.R. 1224. A bill to amend the Internal Rev- and severally referred, as follows: GREEN, Mr. CLAY, Mr. CONYERS, Mr. enue Code of 1986 to provide that the Com- CUMMINGS, Mr. DEFAZIO, Mr. missioner of Internal Revenue shall be nomi- By Mr. SHAW (for himself and Mr. DELAHUNT, Ms. DELAURO, Mr. DEL- nated from individuals recommended by a se- LEVIN): LUMS, Mr. DIXON, Mr. ENGEL, Ms. lection panel and to provide a 6-year term H.R. 1048. A bill to make technical amend- ESHOO, Mr. EVANS, Mr. FARR of Cali- for such Commissioner; to the Committee on ments relating to the Personal Responsibil- fornia, Mr. FAWELL, Mr. FAZIO of Ways and Means. ity and Work Opportunity Reconciliation California, Mr. FILNER, Mr. FOGLI- By Mr. PALLONE: Act of 1996; to the Committee on Ways and ETTA, Mr. FORD, Mr. FRANK of Massa- H. Con. Res. 54. Concurrent resolution rec- Means, and in addition to the Committees on chusetts, Mr. FROST, Ms. FURSE, Mr. ognizing the anniversary of the proclamation the Judiciary, and Education and the GEJDENSON, Mr. GILCHREST, Mr. GIL- of independence of the Republic of Belarus, Workforce, for a period to be subsequently MAN, Mr. GONZALEZ, Mr. GUTIERREZ, expressing concern over the Belarusan Gov- determined by the Speaker, in each case for Ms. HARMAN, Mr. HINCHEY, Mr. ernment’s infringement on freedom of the consideration of such provisions as fall with- HINOJOSA, Mr. HOBSON, Mr. HORN, Mr. in the jurisdiction of the committee con- press in direct violation of the Helsinki Ac- HOYER, Mr. JACKSON, Ms. JACKSON- cerned. cords and the Constitution of Belarus, and LEE, Mrs. JOHNSON of Connecticut, expressing concern about the proposed union f Ms. EDDIE BERNICE JOHNSON of Texas, between Russia and Belarus; to the Commit- PUBLIC BILLS AND RESOLUTIONS Mrs. KELLY, Mr. KENNEDY of Massa- tee on International Relations. chusetts, Mrs. KENNELLY of Connecti- By Mr. RADANOVICH (for himself and Under clause 5 of rule X and clause 4 cut, Mr. KIND of Wisconsin, Mr. LAN- Mr. BONIOR): of rule XXII, public bills and resolu- TOS, Mr. LEVIN, Mr. LEWIS of Georgia, H. Con. Res. 55. Concurrent resolution hon- tions were introduced and severally re- Mrs. LOWEY, Ms. MCCARTHY of Mis- oring the memory of the victims of the Ar- ferred as follows: souri, Mr. MCDERMOTT, Mr. MCGOV- menian Genocide; to the Committee on By Mr. THUNE: ERN, Ms. MCKINNEY, Mrs. MALONEY of International Relations. H.R. 1212. A bill to authorize the construc- New York, Mr. MARKEY, Mr. MATSUI, By Mr. ROHRABACHER (for himself, tion of the Fall River Waters Users District Mr. MEEHAN, Mrs. MEEK of Florida, Mr. SOLOMON, Mr. COX of California, rural water system and authorize the appro- Ms. MILLENDER-MCDONALD, Mr. MIL- Mr. ROYCE, Mr. ACKERMAN, Mr. priation of Federal dollars to assist the Fall LER of California, Mrs. MINK of Ha- HINCHEY, and Mr. LANTOS): River Water Users District, a nonprofit cor- waii, Mr. MORAN of Virginia, Mr. H. Con. Res. 56. Concurrent resolution fa- poration, in the planning and construction of NADLER, Ms. NORTON, Mr. OLVER, Mr. voring strong support by the United States the water supply system; to the Committee PALLONE, Mr. PAYNE, Mr. RANGEL, Government for the accession of Taiwan to on Resources. Mr. REGULA, Ms. RIVERS, Mr. RO- the World Trade Organization prior to the H.R. 1213. A bill to authorize the construc- MERO-BARCELO, Ms. ROYBAL-ALLARD, admission of the People’s Republic of China tion of the Perkins County rural water sys- Mr. SABO, Ms. SANCHEZ, Mr. SANDERS, to that Organization; to the Committee on tem and authorize the appropriation of Fed- Mr. SAWYER, Mr. SCHUMER, Mr. Ways and Means. eral dollars to assist the Perkins County SHAYS, Mr. SERRANO, Mr. SKAGGS, By Mr. FILNER: Rural Water System, Inc., a nonprofit cor- Ms. SLAUGHTER, Mr. STARK, Mr. H. Res. 106. Resolution designating minor- poration, in the planning and construction of STOKES, Mrs. TAUSCHER, Mr. TORRES, ity membership on certain standing commit- the water supply system; to the Committee Mr. TOWNS, Ms. VELAZQUEZ, Ms. WA- tees of the House; considered and agreed to. on Resources. TERS, Mr. WATT of North Carolina, f By Mr. BUNNING of Kentucky (by re- Mr. WAXMAN, Ms. WOOLSEY, Mr. quest): WYNN, Mr. YATES, Mr. TIERNEY, Mr. ADDITIONAL SPONSORS H.R. 1214. A bill to suspend temporarily the DEUTSCH, and Mr. FALEOMAVAEGA): duty on the chemical P-Toluenesulfonamide; H.R. 1219. A bill to amend the Public Under clause 4 of rule XXII, sponsors to the Committee on Ways and Means. Health Service Act to promote activities for were added to public bills and resolu- By Mr. FILNER: the prevention of additional cases of infec- tions as follows: H.R. 1215. A bill to amend the chapters 83 tion with the virus commonly known as HIV; H.R. 4: Mr. OWENS, Mr. CANNON, Ms. ROS- and 84 of title 5, United States Code, to ex- to the Committee on Commerce. LEHTINEN, Mr. SHAW, Mr. CRANE, Mr. SAW- tend the civil service retirement provisions By Mr. PETRI: of such chapter which are applicable to law H.R. 1220. A bill to amend title 13, United YER, and Mr. TOWNS. enforcement officers, to inspectors of the Im- States Code, to make clear that no sampling H.R. 5: Mr. LATHAM and Mr. MCGOVERN. migration and Naturalization Service, in- or other statistical procedure may be used in H.R. 18: Ms. KAPTUR, Ms. SLAUGHTER, Mr. spectors and canine enforcement officers of determining the total population by States FATTAH, Mr. OWENS, Ms. BROWN of Florida, the U.S. Customs Service, and revenue offi- for purposes of the apportionment of Rep- and Mr. GANSKE. cers of the Internal Revenue Service; to the resentatives in Congress; to the Committee H.R. 54: Mr. CLYBURN, Mr. CAPPS, and Mr. Committee on Government Reform and on Government Reform and Oversight. TAUSCHER. Oversight. By Mr. PICKETT: H.R. 58: Ms. BROWN of Florida, Mr. By Mr. KUCINICH: H.R. 1221. A bill to amend title 37, United TIERNEY, and Mr. THOMPSON. H.R. 1216. A bill to amend the Communica- States Code, to prohibit a reduction in the H.R. 96: Mr. FOX of Pennsylvania. tions Act of 1934 to prevent splitting of local overseas locality allowance for a member of H.R. 158: Mr. BOB SCHAFFER and Mr. communities into multiple telephone area the uniformed services on duty outside of the BOEHNER. codes; to the Committee on Commerce. United States or in Hawaii or Alaska during H.R. 161: Mr. SUNUNU and Mr. LEWIS of By Mr. METCALF: the course of the member’s tour of duty; to Georgia. H.R. 1217. A bill to extend the deadline the Committee on National Security. H.R. 180: Mr. YOUNG of Florida and Mr. under the Federal Power Act for the con- By Mrs. ROUKEMA: DIAZ-BALART. struction of a hydroelectric project located H.R. 1222. A bill to amend the Employee H.R. 198: Mr. WICKER. in the State of Washington, and for other Retirement Income Security Act of 1974 and H.R. 203: Mr. EHRLICH. purposes; to the committee on Commerce. the Public Health Service Act to require H.R. 218: Mr. ROYCE, Mr. DOOLITTLE, and By Mr. PALLONE (for himself, Mr. FOX managed care group health plans and man- Mr. HOLDEN. of Pennsylvania, Mr. LIPINSKI, Mr. aged care health insurance coverage to meet H.R. 264: Mr. LUTHER and Ms. DELAURO. DELLUMS, and Ms. BROWN of Florida): certain consumer protection requirements; H.R. 277: Mr. FRANK of Massachusetts. March 21, 1997 CONGRESSIONAL RECORD — HOUSE H1289

H.R. 279: Mr. NEAL of Massachusetts, Mr. H.R. 826: Mr. DOOLITTLE, Mr. EVANS, and PRYCE of Ohio, Mr. HALL of Texas, Mr. EVER- LAHOOD, Mr. HORN, Mr. FORBES, Mr. FRANKS Mr. ROYCE. ETT, Mr. COLLINS, Mr. COBLE, Mr. HEFLEY, of New Jersey, Mr. MCNULTY, Mr. SNYDER, H.R. 832: Mr. DAVIS of Illinois. Mr. SPENCE, Mr. HERGER, Mr. SAM JOHNSON, Mr. ARMEY, Mr. BERMAN, Mr. BOEHNER, Mr. H.R. 840: Mr. PETERSON of Pennsylvania. Mr. HANSEN, Mr. COOK, Mr. BARTLETT of BUYER, Mr. COX of California, Mr. DUNCAN, H.R. 841: Mr. TORRES and Mr. MCDERMOTT. Maryland, Mr. BATEMAN, Mr. SALMON, Mr. Ms. DUNN, Mr. EHRLICH, Mr. GINGRICH, Mr. H.R. 842: Mr. WATKINS. HOSTETTLER, Mr. ROGAN, Mr. SKEEN, Mr. DAN GOODLATTE, Mr. HASTINGS of Washington, H.R. 853: Mr. KUCINICH and Mr. MCGOVERN. SCHAEFER of Colorado, Mr. BILIRAKIS, Mr. Mr. HAYWORTH, Mr. HUNTER, Mr. JONES, Mr. H.R. 867: Mr. ROEMER and Mr. DELLUMS. YOUNG of Alaska, Mr. RADANOVICH, Mr. LEACH, Mr. MCKEON, Mrs. MORELLA, Mr. H.R. 879: Mr. RANGEL. MCDADE, Mr. HASTINGS of Washington, Mr. PACKARD, Mr. PARKER, Mr. PAXON, Mr. H.R. 895: Mr. VENTO, Ms. CHRISTIAN-GREEN, NORWOOD, Mr. WICKER, Mr. ROGERS, Mr. REG- PORTMAN, Mr. RADANOVICH, Mr. SAXTON, Mr. and Ms. RIVERS. ULA, Mrs. CUBIN, Mrs. CHENOWETH, Mr. NEY, SCARBOROUGH, Mr. SOLOMON, Mr. SPENCE, Mr. H.R. 931: Mr. DOOLEY of California, Mr. Mr. GOSS, Mr. MICA, Mr. THOMAS, Mr. STEARNS, Mr. TAUZIN, Mr. THOMAS, Mr. VENTO, and Mr. FARR of California. MCCRERY, Mr. CONDIT, Mr. BARTON of Texas, WAMP, Mr. YOUNG of Florida, Mr. H.R. 937: Mr. PETERSON of Pennsylvania. Mr. CRANE, Mr. BAKER, Mr. HYDE, Mr. MCDERMOTT, Mr. BENTSEN, Mr. SUNUNU, Mr. H.R. 939: Mr. STEARNS, Mr. DAVIS of Illi- LAHOOD, Mr. SAXTON, Mr. PACKARD, Mr. HUN- MOLLOHAN, Mr. DICKS, Mrs. CUBIN, Ms. nois, Mr. WATTS of Oklahoma, and Mr. WICK- TER, Mr. PICKETT, Mr. THORNBERRY, Mr. BRY- FURSE, Mr. BROWN of California, Mr. OBER- ER. ANT, Mr. WATKINS, Ms. DUNN of Washington, STAR, Mr. EDWARDS, Ms. BROWN of Florida, H.R. 949: Mr. KENNEDY of Rhode Island. Mr. MCINNIS, Mr. PORTER, Mr. BURTON of In- Mr. HALL of Ohio, Mr. LAMPSON, Ms. KIL- H.R. 983: Mr. DAVIS of Illinois. diana, Mr. BLUNT, Mr. COOKSEY, Mr. BOB PATRICK, Mr. DEUTSCH, Mr. SAWYER, Mr. H.R. 995: Mr. MILLER of Florida, Mr. SCHAFFER, Mr. HUTCHINSON, Mr. DICKEY, Mr. CLEMENT, Mr. RAHALL, and Mr. REYES. MCINTOSH, Mr. KLUG, Mr. GOODLATTE, Mr. BILBRAY, Mr. PICKERING, Mr. GIBBONS, Mr. H.R. 282: Mr. ACKERMAN, Mr. BOEHLERT, ENGLISH of Pennsylvania, Mr. ROHRABACHER, SCARBOROUGH, Mr. POMBO, Mr. MCKEON, Mr. Mr. FLAKE, Mr. HINCHEY, Mrs. KELLY, Mr. and Mr. STEARNS. CHRISTENSEN, Mr. ENSIGN, Mr. TIAHRT, Mr. KING of New York, Mr. LAFALCE, Mrs. H.R. 1018: Ms. KAPTUR and Mr. BOUCHER. BACHUS, Mr. RILEY, Mr. UPTON, Mr. SMITH of LOWEY, Mrs. MALONEY of New York, Mr. H.R. 1023: Mr. DAVIS of Illinois, Mr. New Jersey, Mr. SHADEGG, Mr. BLILEY, Mr. MANTON, Mr. MCNULTY, Ms. MOLINARI, Mr. CLYBURN, Mr. MENENDEZ, Mr. WEXLER, Ms. TAYLOR of North Carolina, Mr. TALENT, Mr. NADLER, Mr. OWENS, Mr. QUINN, Mr. SCHU- CHRISTIAN-GREEN, Mr. JACKSON, Mrs. EMER- BALLENGER, Mr. JONES, Mr. DELAY, Mr. MIL- MER, Ms. SLAUGHTER, Mr. TOWNS, and Mr. SON, Mr. CARDIN, Mr. MARKEY, and Mr. LER of Florida, Mr. DEAL of Georgia, Mr. LIV- WALSH. YOUNG of Florida. INGSTON, Mr. MANZULLO, Mr. HASTERT, Mr. H.R. 339: Mr. EVERETT. H.R. 1092: Mr. SMITH of New Jersey, Mr. KNOLLENBERG, Mrs. FOWLER, Mr. BARR of H.R. 342: Mr. DAVIS of Illinois. KENNEDY of Massachusetts, Mr. BILIRAKIS, Georgia, Mr. WELDON of Florida, Mr. WATTS H.R. 345: Mrs. FOWLER. Mr. FILNER, Mr. SPENCE, Mr. GUTIERREZ, Mr. of Oklahoma, Mr. SCHIFF, Mr. BOEHNER, Mr. H.R. 409: Mr. ENGLISH of Pennsylvania, Mr. EVERETT, Mr. CLYBURN, Mr. BUYER, Ms. SHAW, Mr. HOBSON, Mr. CUNNINGHAM, Mr. AR- FOX of Pennsylvania, Mr. TRAFICANT, Mr. BROWN of Florida, Mr. QUINN, Mr. DOYLE, Mr. CHER, Mr. COX of California, Mr. HORN, Mr. LUTHER, Mr. CONDIT, Mr. MANZULLO, Mr. BACHUS, Mr. MASCARA, Mr. STEARNS, Mr. PE- LARGENT, Mr. PETERSON of Pennsylvania, TIAHRT, and Mr. PETERSON of Minnesota. TERSON of Minnesota, Mr. DAN SCHAEFER of Mr. LUCAS of Oklahoma, Ms. MOLINARI, and H.R. 411: Mr. WAXMAN. Colorado, Mrs. CARSON, Mr. MORAN of Kan- Mr. CAMP. H.R. 457: Mr. GILCHREST and Mr. BOEHLERT. sas, Mr. REYES, Mr. COOKSEY, Mr. SNYDER, H.J. Res. 55: Mr. NEY. H.R. 464: Mr. PETERSON of Pennsylvania Mr. HUTCHINSON, Mr. HAYWORTH, Mrs. H. Con. Res. 13: Ms. DELAURO, Mr. PETRI, and Mr. ADAM SMITH of Washington. CHENOWETH, Mr. LAHOOD, and Mr. FOX of Mr. OLVER, AND Ms. HARMAN. H.R. 465: Mrs. LOWEY. Pennsylvania. H. Con. Res. 32: Mr. MCGOVERN. H.R. 479: Mr. HEFLEY, Mr. MCKEON, Mr. H.R. 1104: Mr. GEJDENSON, Mr. STARK, Mr. H. Con. Res. 47: Mr. COYNE, Mr. ACKERMAN, PACKARD, and Mr. RAHALL. OLVER, and Mr. LAFALCE. Mr. QUINN, Ms. STABENOW, Mr. BARRETT of H.R. 484: Mr. PETERSON of Pennsylvania. H.R. 1114: Mr. RAHALL, Mrs. MINK of Ha- Wisconsin, Mr. MATSUI, Mr. TAYLOR of Mis- H.R. 500: Mr. NEY. waii, Mr. WAXMAN, and Mr. ABERCROMBIE. sissippi, and Mr. WALSH. H.R. 521: Mr. FALEOMAVAEGA. H.R. 1126: Mr. TORRES, Mr. DOYLE, Mr. H. Con. Res. 52: Mr. KING of New York. H.R. 530: Mr. PETERSON of Minnesota, Mr. CUNNINGHAM, and Mr. MILLER of California. H. Res. 22: Mr. BEREUTER. CUNNINGHAM, Mr. POSHARD, Mr. BUYER, Mr. H.R. 1129: Mr. MCNULTY, Mr. MILLER of H. Res. 23: Mr. PETERSON of Pennsylvania. HASTERT, Mrs. EMERSON, Mr. HOLDEN, Mr. California, Mr. LEWIS of Georgia, Mr. SABO, H. Res. 38: Mr. KIND of Wisconsin, Mr. PACKARD, Mr. BARRETT of Wisconsin, Mr. and Ms. FURSE. HASTINGS of Florida, Ms. SLAUGHTER, Mr. STUMP, and Mr. HEFLEY. H.R. 1138: Mr. BARR of Georgia. BOUCHER, Mr. FOGLIETTA, Ms. PELOSI, Mr. H.R. 553: Mr. ACKERMAN and Mr. THOMPSON. H.R. 1140: Mr. OWENS. PRICE of North Carolina, Mr. BROWN of Cali- H.R. 586: Mr. CUNNINGHAM, Mr. ETHERIDGE, H.R. 1150: Mr. BUNNING of Kentucky. fornia, Mr. ADAM SMITH of Washington, Mr. Mr. LAMPSON, Mr. PARKER, Mr. PICKERING, H.R. 1153: Mr. BARTLETT of Maryland. TIERNEY, Mr. FLAKE, Mr. FILNER, and Mr. and Mr. SUNUNU. H.R. 1159: Mr. BROWN of Ohio, Mr. FARR of OLVER. H.R. 667: Mrs. MEEK of Florida, Mr. ENGEL, California, Mr. STRICKLAND, Mr. SERRANO, H. Res. 48: Mr. FALEOMAVAEGA. Mr. FLAKE, Mr. TORRES, and Mr. DELLUMS. Mr. LEWIS of Georgia, Ms. WATERS, Mr. JACK- H. Res. 98: Mr. METCALF. H.R. 695: Mr. WATKINS and Mr. FRANKS of SON, Mr. CUMMINGS, Mr. FROST, and Mr. New Jersey. BLAGOJEVICH. f H.R. 699: Mr. METCALF. H.R. 1161: Ms. SANCHEZ. H.R. 751: Mr. DAVIS of Illinois. H.R. 1189: Mr. SMITH of Oregon, Mr. COM- DELETIONS OF SPONSORS FROM H.R. 753: Mr. FATTAH and Mr. KIND of Wis- BEST, Mr. CONDIT, Mr. BISHOP, Mr. DELAHUNT, PUBLIC BILLS AND RESOLUTIONS consin. Mr. HULSHOF, and Mr. JOHN. Under clause 4 of rule XXII, sponsors H.R. 756: Mr. GINGRICH and Mrs. LOWEY. H.R. 1203: Mr. KING of New York, Mr. SOLO- H.R. 768: Mr. MCINTYRE, Mr. MCKEON, Mr. MON, Mr. DOOLITTLE, Mr. PAUL, Mr. were deleted from public bills and reso- BACHUS, Mr. BUNNING of Kentucky, and Mr. HILLEARY, Mr. CALLAHAN, Mr. LEWIS of Ken- lutions as follows: PAUL. tucky, Mr. TAYLOR of Mississippi, Mr. TAU- H.R. 586: Mr. RYUN. H.R. 789: Mr. CLYBURN. ZIN, Mr. CHAMBLISS, Mr. COMBEST, Mrs. EM- H.R. 993: Mr. MCKEON. H.R. 815: Mr. NEY and Mr. FALEOMAVAEGA. ERSON, Mr. BUNNING of Kentucky, Mr. H.R. 1055: Mr. ARCHER. H.R. 816: Mr. MILLER of Florida and Mr. PARKER, Mr. WAMP, Mr. DREIER, Mr. H.R. 1062: Mr. BILBRAY. NEY. HAYWORTH, Mr. DUNCAN, Mr. BUYER, Ms. H.J. Res. 1: Mr. HINOJOSA. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, FRIDAY, MARCH 21, 1997 No. 38 Senate The Senate met at 11:59 a.m., and was quests through the morning hour be S. 513. A bill to reform the multifamily called to order by the President pro granted. rental assisted housing programs of the Fed- tempore [Mr. THURMOND]. The PRESIDENT pro tempore. With- eral Government, maintain the affordability out objection, it is so ordered. and availability of low-income housing, and for other purposes; to the Committee on PRAYER f Banking, Housing, and Urban Affairs. The Chaplain, Dr. Lloyd John MORNING BUSINESS Ogilvie, offered the following prayer: Mr. LOTT. Mr. President, I ask unan- f Lord of creation, You have written imous consent that there now be a pe- Your signature in the bursting beauty riod of morning business. STATEMENTS ON INTRODUCED of this magnificent spring morning in The PRESIDENT pro tempore. With- BILLS AND JOINT RESOLUTIONS our Nation’s Capital. The breathtaking out objection, it is so ordered. By Mr. KYL: splendor of the cherry blossoms are about to blanket the city with fairy- f S. 512. A bill to amend chapter 47 of land wonder. The daffodils and crocuses MESSAGES FROM THE PRESIDENT title 18, United States Code, relating to identity fraud, and for other purposes. have opened to express Your glory. Messages from the President of the Now Lord, tune our hearts to join with United States were communicated to THE IDENTITY THEFT AND ASSUMPTION DETERRENCE ACT OF 1997 all of nature in singing Your praise. the Senate by Mr. Williams, one of his We thank You for the rebirth of hope secretaries. Mr. KYL. Mr. President, with in- creasing frequency, criminals are using that comes with this season of renewal EXECUTIVE MESSAGES REFERRED and resurrection. You remind us, ‘‘Be- As in executive session the Presiding the Social Security numbers and other hold I make all things new.’’ As the Officer laid before the Senate messages personal information of law-abiding seeds and bulbs have germinated in the from the President of the United citizens to assume their identity and earth, so You have prepared us to burst States submitting sundry nominations take their money. Identity fraud can forth in newness of life. We forget the which were referred to the appropriate be more serious than a criminal pick- former things and claim Your new be- committees. ing someone’s pocket and lifting cash ginnings for us. Help us to accept Your (The nominations received today are or a credit card. Identity theft involves forgiveness and become giving and for- printed at the end of the Senate pro- criminals—who may have ties with giving people. Clean out the hurting ceedings.) international criminal syndicates—ob- taining enough information on another memories of our hearts so that we may f be open channels for Your vibrant, cre- person that they can open up new cred- MEASURE PLACED ON THE ative spirit as we tackle problems and it card accounts in the law-abiding per- CALENDAR grasp the possibilities of this day. son’s name. Some call identity theft Lord, we want to live this day in the The following measure was read the high-technology bank robbery. But flow of Your grace. We put You and second time and placed on the cal- law-enforcement officials say commit- truth first, our Nation and its future endar: ting identity fraud is easier than rob- second, and our party third. Help us H.R. 1122. An act to amend title 18, United bing a bank. not to reverse the order. For the sake States Code, to ban partial-birth abortions. Identity fraud is one of the fastest of the future of our beloved Nation and f growing financial crimes. An alarming 2,000 cases occur each week. Credit- by Your power, through our Lord and INTRODUCTION OF BILLS AND card fraud losses—the major financial Saviour. Amen. JOINT RESOLUTIONS loss in personal-identity thefts—may f The following bills and joint resolu- amount to as much as $2 billion a year. RECOGNITION OF THE MAJORITY tions were introduced, read the first The statistics don’t reveal the hard- LEADER and second time by unanimous con- ship these crimes can cause. Imagine The PRESIDENT pro tempore. The sent, and referred as indicated: the anxiety of knowing that a criminal able majority leader is recognized. By Mr. KYL: has been able to gain hold of your most Mr. LOTT. I thank the Chair. S. 512. A bill to amend chapter 47 of title personal identification information to 18, United States Code, relating to identity open credit cards or apply for loans in f fraud, and for other purposes; to the Com- your name. Even when fraudulent ORDER OF PROCEDURE mittee on the Judiciary. By Mr. MACK (for himself, Mr. charges are cleared from a victim’s fi- Mr. LOTT. Mr. President, I ask unan- D’AMATO, Mr. BOND, and Mr. BEN- nancial records, he or she cannot be imous consent that the routine re- NETT): sure that the perpetrator of the crime

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2742 CONGRESSIONAL RECORD — SENATE March 21, 1997 won’t strike again. Moreover, thou- unsuspecting victims.’’ Identity-fraud private identity information. In Sep- sands can be spent to repair a tar- syndicates such as these obtain Social tember, the Driver’s Privacy Protec- nished credit rating. As the victim at- Security numbers and other personal tion Act of 1994 goes into effect to re- tempts to untangle the mess caused by information to perpetrate their scams strict release and use of certain per- an identity thief, phone service may be in myriad ways: stealing mail; col- sonal information from State motor disconnected or a victim may face dif- lecting credit-card receipts; running li- vehicle records. Other efforts are un- ficulty in securing a mortgage. cense plates through DMV records; pos- derway. In August, the FTC—respond- I would like to discuss the case of a ing as a loan officer and ordering a ing to suggestions that Social Security constituent, Bob Hartle, who has spent credit report; purchasing information numbers were easily available on the many hours working with my staff on from corrupt governmental and private Internet—held a staff meeting to ex- the identity-theft proposal. Mr. Hartle employees with access to personal in- change information on consumer iden- served as the inspiration for an Arizona formation. tity fraud, and following the meeting State law which, like the bill I am in- One of the reasons I elected to chair suggested that Congress consider legis- troducing, makes it a felony to steal the Senate Judiciary Committee’s Sub- lation to tighten restrictions on the re- another person’s identity. I thank Mr. committee on Technology, Terrorism, lease of private identity information. and Government Information was to Hartle for all of his help. The bill I am introducing today is Bob Hartle’s experience with an iden- ensure that the law keep pace with technology. The Secret Service, which targeted at the criminals: those who tity thief illustrates the seriousness of perpetrate identity theft crimes. Con- these crimes. The man who victimized is responsible for investigating finan- cial fraud crimes, believes Federal gress will need to consider other meas- Mr. Hartle was sentenced to 17 months ures seeking the assistance of the in Federal prison for using false fraud laws could be improved, to better protect people like Mr. Hartle, and I custodians of personal identity infor- names—not Mr. Hartle’s; the criminal mation to make identity theft crimes had misappropriated other law-abiding thank the agency for all of its help in drafting the bill. Rather than amend more difficult to commit. I believe that citizens’ names—in order to buy a gun my bill represents a solid first effort to and open up a credit card account. The the Federal fraud laws, my proposal creates a separate statute for identity- combat identity theft, and I request criminal possessed enough information that my colleagues support the Iden- to have a driver’s license and credit fraud offenses, which I am told will make this crime easier to investigate tity Theft and Assumption Deterrence cards issued in Mr. Hartle’s name. With Act. these credit cards, the criminal made and prosecute. When the fraud laws purchases under Mr. Hartle’s name were drafted, the law-enforcement By Mr. MACK (for himself, Mr. that exceeded $100,000. While trashing community was contending with coun- D’AMATO, MR. BOND, AND MR. Mr. Hartle’s credit, and carrying a li- terfeiters who manufactured, distrib- BENNETT): cense as Mr. Hartle in his wallet, the uted, and used ID’s that were pieces of identity thief was busy committing se- paper. Identity-fraud schemes were not S. 513. A bill to reform the multi- rious crimes. Mr. Hartle has spent over nearly as prevalent in that pre-elec- family rental assisted housing pro- $10,000 trying to clear his good name tronic era as they are today. grams of the Federal Government, As mentioned above, individual vic- and credit. He did not receive a restitu- maintain the affordability and avail- tims of fraud offenses—who, like Mr. tion payment. The assistant U.S. attor- ability of low-income housing, and for Hartle, are generally not eligible for ney who prosecuted the case was other purposes; to the Committee on restitution under current law—could quoted in a 1995 news story as saying Banking, Housing, and Urban Affairs. receive restitution under my proposal. that, ‘‘Hartle may never get his full Additionally, the act allows law en- THE MULTIFAMILY ASSISTED HOUSING REFORM AND AFFORDABILITY ACT OF 1997 share from the courts. * * * All we can forcement to seize equipment—contra- do is prosecute this under the powers band—used to produce false documents. Mr. MACK. Mr. President, I am given to us by law.’’ Penalties are scaled to reflect the num- pleased to introduce, on behalf of Sen- Restitution was not available to him ber of victims, not just the dollar ators D’AMATO, BOND, and BENNETT, because, although many of the actions amount of the fraud. the Multifamily Assisted Housing Re- attendant upon identity theft do vio- Moreover, the proposal requires the form and Affordability Act of 1997. This late Federal law—that is, credit card Secret Service to collect statistics on bill is a serious effort to reform the Na- fraud, using false names—the actual identity fraud offenses. Statistics on tion’s assisted and insured multifamily assumption of another’s identity does identity fraud are rough; we need to housing portfolio in a responsible man- not. Consequently, individual victims know more about the extent of the ner that balances both fiscal and public of these offenses are not entitled to problem. policy goals. This legislation will save restitution. And finally, the bill directs the Sec- scarce Federal subsidy dollars while The criminal who ripped off Mr. retary of the Treasury and the Chair- preserving the affordability and avail- Hartle’s identity committed several man of the Federal Trade Commission ability of decent and safe rental hous- such crimes throughout the United to conduct a comprehensive study of: ing for lower income households. States before he was finally appre- the nature, extent, and causes of iden- About 20 years ago, the Federal Gov- hended. Acting alone, he caused great tity fraud; the threat posed by identity damage and hardship. But a new breed ernment encouraged private developers fraud to financial institutions and pay- to construct affordable rental housing of identity-fraud criminal has emerged ment systems; and the threat to con- that poses an even greater threat to by providing mortgage insurance sumer safety and privacy. The results through the Federal Housing Adminis- citizens. Sophisticated international of the study will be submitted to Con- tration [FHA] and rental housing as- criminal syndicates, some of which gress with specific recommendations sistance through the Department of have penetrated the Social Security for legislation to address the problem Housing and Urban Development’s Administration and other agencies or of identity theft. This study is very im- [HUD] project-based section 8 program. companies with access to private per- portant. Access to confidential infor- In addition, tax incentives for the de- sonal information, are engaging in mation facilitates credit-card identity velopment of low-income housing were identity-fraud scams of a magnitude assumption scams. With identity fraud provided through the Tax Code until unimaginable a few years ago. rising, we must continually reevaluate 1986. For example, the New York Post re- statutes regulating consumer privacy. ported on December 29 that ‘‘A brazen This is the other side of the coin This combination of financial incen- city-based ring of con artists has been when it comes to deterring this kind of tives resulted in the creation of thou- lifting personal information about hun- fraud. We need to go after criminal ac- sands of decent, safe, and affordable dreds of New Yorkers and using it to tivity when it occurs, but we also must housing properties. However, flaws in get credit cards and run up huge bills.’’ prevent the careless circulation of per- the section 8 rental assistance program This ring of Nigerian nationals applies sonal information to begin with. allowed owners to receive more Federal for credit cards with banks ‘‘after In fact, action has already been dollars in rental subsidy than were nec- snatching identifying data about taken by Congress to better protect essary to maintain the properties as

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 21, 1997 CONGRESSIONAL RECORD — SENATE S2743 decent and affordable rental housing, ture that provides a wide variety of sisted housing and ensure that partici- and we are beginning to pay the price tools to address the spiraling costs of pating administrative entities are held for excessive rental subsidies. A recent section 8 assistance without harming accountable for their activities. It is HUD study found that almost two- residents or communities. The bill will also our goal that this process will en- thirds of assisted properties have com- reduce the long-term ongoing costs of sure the long-term viability of these parable rents greater than comparable Federal subsidies by reducing rents to projects with minimal Federal involve- market rents, in some cases almost 200 a level that more closely approximates ment. It is a sincere effort to reduce percent of area market rents. market area rents and restructuring the cost to the Federal Government In addition, like the severely dis- the underlying debt insured by the while recognizing the needs of low-in- tressed public housing stock, some of FHA. The bill also contains a provision come families and communities these section 8 projects have become that will minimize the potential ad- throughout the Nation. targets and havens for crime and drug verse tax consequences to owners that In closing, I also want to express my activities. Thus, in some cases, tax- result from debt restructuring. hope that the administration will begin payers are paying costly subsidies for The bill also recognizes that HUD to play an active and constructive role inferior housing. We believe that a pol- lacks the staffing capacity and exper- in dealing with this section 8 issue. For icy that pays excessive rental subsidies tise to oversee effectively its portfolio the last 2 years, we have waited for a for housing is not fair to the American of multifamily housing properties or to concrete administration proposal for taxpayer, nor can it be sustained in the administer a debt restructuring pro- portfolio restructuring, but we have re- current budget climate. gram. Indeed, one of the principal prob- ceived nothing but a series of concept It is widely understood that there is lems with developing a portfolio re- papers and statements of principles. We a funding crisis in the renewal of structuring proposal has been the lack cannot wait much longer for the ad- HUD’s expiring section 8 rental assist- of good information on the characteris- ministration to come to the table with ance contracts. Indeed, HUD Secretary tics or the condition of the properties a serious proposal to deal with a crit- Cuomo has called the section 8 con- in FHA’s multifamily mortgage port- ical budget problem that could affect tract renewal problem ‘‘the greatest folio. Accordingly, the bill would trans- all of HUD’s programs. crisis HUD has ever faced.’’ The con- fer the functions and responsibilities of Mr. President, I ask unanimous con- tract renewal problem involves all of the restructuring program to capable sent that the text of the bill and sum- HUD’s section 8 inventory, both State and local housing finance agen- mary be printed in the RECORD. project-based and tenant-based—in all cies, who would act as participating ad- There being no objection, the mate- more than 3 million units of low-in- ministrative entities in managing this rial was ordered to be printed in the come housing. The new budget author- program. RECORD, as follows: ity needed to renew expiring contracts The bill provides incentives to ad- S. 513 at current levels will grow from $3.6 ministering entities to ensure that the Be it enacted by the Senate and House of Rep- billion in the current fiscal year to al- American taxpayer is paying the least resentatives of the United States of America in most $10 billion in fiscal year 1998 to an amount of money required to provide Congress assembled, estimated $18 billion in fiscal year 2002. decent, safe, and affordable housing. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Over the next several years, a major- Any amount of incentives provided to (a) SHORT TITLE.—This Act may be cited as ity of the section 8 contracts on the State and local entities would only be the ‘‘Multifamily Assisted Housing Reform 8,500 FHA-insured properties will ex- used for low-income housing purposes. and Affordability Act of 1997’’. pire. If contracts continue to be re- Owners who clearly violate housing (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: newed at existing levels, the cost of re- quality standards would no longer be Sec. 1. Short title; table of contents. newing these contracts will grow from tolerated. The bill screens out bad own- about $2 billion in fiscal year 1998 to ers and managers and nonviable TITLE I—FHA-INSURED MULTIFAMILY HOUSING MORTGAGE AND HOUSING $5.2 billion in fiscal year 2002 and more projects from the inventory and pro- ASSISTANCE RESTRUCTURING than $7.7 billion 10 years from now. vides tougher and more effective en- Sec. 101. Findings and purposes. Thus, the project-based section 8 inven- forcement tools that will minimize Sec. 102. Definitions. tory, which is addressed in this legisla- fraud and abuse of FHA insurance and Sec. 103. Authority of participating adminis- tion, is a significant part of the overall assisted housing programs. trative entities. section 8 renewal problem. Last, the bill provides tools to re- Sec. 104. Mortgage restructuring and rental The implications of not renewing capitalize the assisted stock that suf- assistance sufficiency plan. project-based section 8 contracts are fers from deferred maintenance. It pro- Sec. 105. Section 8 renewals and long-term potentially devastating. Without re- vides the opportunity for tenants, local affordability commitment by owner of project. newals, most of the FHA-insured and governments, and the community in Sec. 106. Prohibition on restructuring. section 8-assisted multifamily mort- which the project is located to partici- Sec. 107. Restructuring tools. gages—with an unpaid principal bal- pate in the restructuring process in a Sec. 108. Shared savings incentive. ance of $18 billion—will default and re- meaningful way. Residents would also Sec. 109. Management standards. sult in claims on the FHA insurance be empowered through opportunities to Sec. 110. Monitoring of compliance. Sec. 111. Review. funds. This could lead to more severe purchase properties. Sec. 112. GAO audit and review. actions, such as foreclosure, which will Mr. President, I would like to empha- Sec. 113. Regulations. adversely affect residents and commu- size how important it is to address this Sec. 114. Technical and conforming amend- nities. issue this year. Delays will only harm ments. Federally assisted and insured hous- the assisted housing stock, its resi- Sec. 115. Termination of authority. ing serves almost 1.6 million families dents and communities, and the finan- TITLE II—ENFORCEMENT PROVISIONS with an average annual income of cial stability of the FHA insurance Sec. 201. Implementation. $7,000. About half of the households are funds. I would add that, as we face an Subtitle A—FHA Single Family and elderly or contain persons with disabil- explosion in the cost of section 8 con- Multifamily Housing ities. Many of these developments are tract renewals, we cannot afford to pay Sec. 211. Authorization to immediately sus- located in rural areas where no other more than is reasonable to renew expir- pend mortgagees. rental housing exists. Some of these ing contracts. There is strong support Sec. 212. Extension of equity skimming to properties serve as anchors of neigh- on both sides of the aisle to renew all other single family and multi- family housing programs. borhoods where the economic stability expiring section 8 contracts next year. Sec. 213. Civil money penalties against of the neighborhood is dependent on But to an extent, the future credibility mortgagees, lenders, and other the vitality of these properties. of the section 8 program, which is so participants in FHA programs. The Multifamily Assisted Housing important to 3 million families, de- Subtitle B—FHA Multifamily Reform and Affordability Act addresses pends on our ability to control costs Sec. 220. Civil money penalties against gen- the problem of expiring section 8 today. eral partners, officers, direc- project-based assistance contracts This legislation will protect the Fed- tors, and certain managing through a new, comprehensive struc- eral Government’s investment in as- agents of multifamily projects.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0655 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2744 CONGRESSIONAL RECORD — SENATE March 21, 1997 Sec. 221. Civil money penalties for non- and physical well-being of the stock of feder- (ii) the property disposition program under compliance with section 8 HAP ally insured and assisted multifamily hous- section 8(b) of the United States Housing Act contracts. ing projects; and of 1937; Sec. 222. Extension of double damages rem- (11) the economic, physical, and manage- (iii) the moderate rehabilitation program edy. ment problems facing the stock of federally under section 8(e)(2) of the United States Sec. 223. Obstruction of Federal audits. insured and assisted multifamily housing Housing Act of 1937; TITLE I—FHA-INSURED MULTIFAMILY projects will be best served by reforms that— (iv) the project-based certificate program HOUSING MORTGAGE AND HOUSING AS- (A) reduce the cost of Federal rental assist- under section 8 of the United States Housing SISTANCE RESTRUCTURING ance, including project-based assistance, to Act of 1937; SEC. 101. FINDINGS AND PURPOSES. these projects by reducing the debt service (v) section 23 of the United States Housing Act of 1937 (as in effect before January 1, (a) FINDINGS.—The Congress finds that— and operating costs of these projects while (1) there exists throughout the Nation a retaining the low-income affordability and 1975); need for decent, safe, and affordable housing; availability of this housing; (vi) the rent supplement program under (2) as of the date of enactment of this Act, (B) address physical and economic distress section 101 of the Housing and Urban Devel- it is estimated that— of this housing and the failure of some opment Act of 1965; or (A) the insured multifamily housing port- project managers and owners of projects to (vii) section 8 of the United States Housing Act of 1937, following conversion from assist- folio of the Federal Housing Administration comply with management and ownership ance under section 101 of the Housing and consists of 14,000 rental properties, with an rules and requirements; and Urban Development Act of 1965; and aggregate unpaid principal mortgage balance (C) transfer and share many of the loan (C) financed by a mortgage insured under of $38,000,000,000; and and contract administration functions and the National Housing Act. (B) approximately 10,000 of these properties responsibilities of the Secretary with capa- (3) EXPIRING CONTRACT.—The term ‘‘expir- contain housing units that are assisted with ble State, local, and other entities. ing contract’’ means a project-based assist- project-based rental assistance under section (b) PURPOSES.—The purposes of this title ance contract attached to an eligible multi- 8 of the United States Housing Act of 1937; are— family housing project which, under the (3) FHA-insured multifamily rental prop- (1) to preserve low-income rental housing terms of the contract, will expire. erties are a major Federal investment, pro- affordability and availability while reducing (4) EXPIRATION DATE.—The term ‘‘expira- viding affordable rental housing to an esti- the long-term costs of project-based assist- tion date’’ means the date on which an expir- mated 2,000,000 low- and very low-income ance; ing contract expires. families; (2) to reform the design and operation of (5) FAIR MARKET RENT.—The term ‘‘fair (4) approximately 1,600,000 of these families Federal rental housing assistance programs, market rent’’ means the fair market rental live in dwelling units that are assisted with administered by the Secretary, to promote established under section 8(c) of the United project-based rental assistance under section greater multifamily housing project oper- States Housing Act of 1937. 8 of the United States Housing Act of 1937; ating and cost efficiencies; (6) KNOWING OR KNOWINGLY.—The term (5) a substantial number of housing units (3) to encourage owners of eligible multi- ‘‘knowing’’ or ‘‘knowingly’’ means having receiving project-based assistance have rents family housing projects to restructure their actual knowledge of or acting with delib- that are higher than the rents of com- FHA-insured mortgages and project-based erate ignorance or reckless disregard. parable, unassisted rental units in the same assistance contracts in a manner which is (7) LOW-INCOME FAMILIES.—The term ‘‘low- housing rental market; consistent with this title before the year in income families’’ has the same meaning as (6) many of the contracts for project-based which the contract expires; provided under section 3(b)(2) of the United assistance will expire during the several (4) to streamline and improve federally in- States Housing Act of 1937. years following the date of enactment of this sured and assisted multifamily housing (8) PORTFOLIO RESTRUCTURING AGREE- Act; project oversight and administration; MENT.—The term ‘‘Portfolio restructuring (7) it is estimated that— (5) to resolve the problems affecting finan- agreement’’ means the agreement entered (A) if no changes in the terms and condi- cially and physically troubled federally in- into between the Secretary and a partici- tions of the contracts for project-based as- sured and assisted multifamily housing pating administrative entity, as provided sistance are made before fiscal year 2000, the projects through cooperation with residents, under section 103 of the title. cost of renewing all expiring rental assist- owners, State and local governments, and (9) PARTICIPATING ADMINISTRATIVE ENTI- ance contracts under section 8 of the United other interested entities and individuals; and TY.—The term ‘‘participating administrative States Housing Act of 1937 for both project- (6) to grant additional enforcement tools entity’’ means a public agency, including a based and tenant-based rental assistance will to use against those who violate agreements State housing finance agency or local hous- increase from approximately $3,600,000,000 in and program requirements, in order to en- ing agency, which meets the requirements fiscal year 1997 to over $14,300,000,000 by fis- sure that the public interest is safeguarded under section 103(b). cal year 2000 and some $22,400,000,000 in fiscal and that Federal multifamily housing pro- (10) PROJECT-BASED ASSISTANCE.—The term year 2006; grams serve their intended purposes. ‘‘project-based assistance’’ means rental as- (B) of those renewal amounts, the cost of sistance under section 8 of the United States SEC. 102. DEFINITIONS. renewing project-based assistance will in- Housing Act of 1937 that is attached to a crease from $1,200,000,000 in fiscal year 1997 For purposes of this title, the following multifamily housing project. to almost $7,400,000,000 by fiscal year 2006; definitions shall apply: (11) RENEWAL.—The term ‘‘renewal’’ means and (1) COMPARABLE PROPERTIES.—The term the replacement of an expiring Federal rent- (C) without changes in the manner in ‘‘comparable properties’’ means properties al contract with a new contract under sec- which project-based rental assistance is pro- that are— tion 8 of the United States Housing Act of vided, renewals of expiring contracts for (A) similar to the eligible multifamily 1937, consistent with the requirements of project-based rental assistance will require housing project in neighborhood (including this title. an increasingly larger portion of the discre- risk of crime), location, access, street ap- (12) SECRETARY.—The term ‘‘Secretary’’ tionary budget authority of the Department peal, age, property size, apartment mix, means the Secretary of Housing and Urban of Housing and Urban Development in each physical configuration, property and unit Development. subsequent fiscal year for the foreseeable fu- amenities, and utilities; (13) STATE.—The term ‘‘State’’ has the ture; (B) unregulated by contractual encum- same meaning as in section 104 of the Cran- (8) absent new budget authority for the re- brances or local rent-control laws; and ston-Gonzalez National Affordable Housing newal of expiring rental contracts for (C) occupied predominantly by renters who Act. project-based assistance, many of the FHA- receive no rent supplements or rental assist- (14) TENANT-BASED ASSISTANCE.—The term insured multifamily housing projects that ance. ‘‘tenant-based assistance’’ has the same are assisted with project-based assistance (2) ELIGIBLE MULTIFAMILY HOUSING meaning as in section 8(f) of the United will likely default on their FHA-insured PROJECT.—The term ‘‘eligible multifamily States Housing Act of 1937. mortgage payments, resulting in substantial housing project’’ means a property con- (15) UNIT OF GENERAL LOCAL GOVERNMENT.— claims to the FHA General Insurance Fund sisting of more than 4 dwelling units— The term ‘‘unit of general local government’’ and Special Risk Insurance Funds; (A) with rents which, on an average per has the same meaning as in section 104 of the (9) more than 15 percent of federally as- unit or per room basis, exceed the rent of Cranston-Gonzalez National Affordable sisted multifamily housing projects are comparable properties in the same market Housing Act. physically or financially distressed, includ- area, as determined by the Secretary; (16) VERY LOW-INCOME FAMILY.—The term ing a number which suffer from mismanage- (B) that is covered in whole or in part by ‘‘very low-income family’’ has the same ment; a contract for project-based assistance meaning as in section 3(b) of the United (10) due to Federal budget constraints, the under— States Housing Act of 1937. downsizing of the Department of Housing (i) the new construction and substantial SEC. 103. AUTHORITY OF PARTICIPATING ADMIN- and Urban Development, and diminished ad- rehabilitation program under section 8(b)(2) ISTRATIVE ENTITIES. ministrative capacity, the Department lacks of the United States Housing Act of 1937 (as (a) PARTICIPATING ADMINISTRATIVE ENTI- the ability to ensure the continued economic in effect before October 1, 1983); TIES.—

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 21, 1997 CONGRESSIONAL RECORD — SENATE S2745

(1) IN GENERAL.—The Secretary shall enter velopment Act of 1992 shall automatically (d) TENANT RENT PROTECTION.—If the into portfolio restructuring agreements with qualify as a participating administrative en- owner of a project with an expiring Federal participating administrative entities for the tity under this section. rental assistance contract does not agree to implementation of mortgage restructuring (3) ALTERNATIVE ADMINISTRATORS.—With extend the contract, the Secretary shall and rental assistance sufficiency plans to re- respect to any eligible multifamily housing make tenant-based assistance available to structure FHA-insured multifamily housing project that is located in a State or local ju- tenants residing in units assisted under the mortgages, in order to— risdiction in which the Secretary determines expiring contract at the time of expiration. (A) reduce the costs of current and expir- that a participating administrative entity is (e) MORTGAGE RESTRUCTURING AND RENTAL ing contracts for assistance under section 8 not located, is unavailable, or does not qual- ASSISTANCE SUFFICIENCY PLAN.—Each mort- of the United States Housing Act of 1937; ify, the Secretary shall either— gage restructuring and rental assistance suf- (B) address financially and physically trou- (A) carry out the requirements of this title ficiency plan shall— bled projects; and with respect to that eligible multifamily (1) except as otherwise provided, restruc- (C) correct management and ownership de- housing project; or ture the project-based assistance rents for ficiencies. (B) contract with other qualified entities the eligible multifamily housing project in a (2) PORTFOLIO RESTRUCTURING AGREE- that meet the requirements of subsection (b), manner consistent with subsection (g); MENTS.—Each portfolio restructuring agree- with the exception of subsection (b)(1)(A), (2) require the owner or purchaser of an eli- ment entered into under this subsection the authority to carry out all or a portion of gible multifamily housing project with an shall— the requirements of this title with respect to expiring contract to submit to the partici- (A) be a cooperative agreement to estab- that eligible multifamily housing project. pating administrative entity a comprehen- lish the obligations and requirements be- (4) PREFERENCE FOR STATE HOUSING FINANCE sive needs assessment, in accordance with tween the Secretary and the participating AGENCIES AS PARTICIPATING ADMINISTRATIVE the information and data requirements of administrative entity; ENTITIES.—For each State in which eligible section 403 of the Housing and Community (B) identify the eligible multifamily hous- multifamily housing projects are located, Development Act of 1992, including such ing projects or groups of projects for which the Secretary shall give preference to the other data, information, and requirements as the participating administrative entity is re- housing finance agency of that State or, if a the Secretary may require to be included as sponsible for assisting in developing and im- State housing finance agency is unqualified part of the comprehensive needs assessment; plementing approved mortgage restructuring or has declined to participate, a local hous- (3) require the owner or purchaser of the and rental assistance sufficiency plans under ing agency to act as the participating admin- project to provide or contract for competent section 104; istrative entity for that State or for the ju- management of the project; (C) require the participating administra- risdiction in which the agency located. (4) require the owner or purchaser of the tive entity to review and certify to the accu- (5) STATE PORTFOLIO REQUIREMENTS.— project to take such actions as may be nec- racy and completeness of a comprehensive (A) IN GENERAL.—If the housing finance essary to rehabilitate, maintain adequate re- needs assessment submitted by the owner of agency of a State is selected as the partici- serves, and to maintain the project in decent an eligible multifamily housing project, in pating administrative entity, that agency and safe condition, based on housing quality accordance with the information and data shall be responsible for all eligible multi- standards established by— requirements of section 403 of the Housing family housing projects in that State, except and Community Development Act of 1992, in- (A) the Secretary; or that a local housing agency selected as a (B) local housing codes or codes adopted by cluding such other data, information, and re- participating administrative entity shall be quirements as the Secretary may require to public housing agencies that— responsible for all eligible multifamily hous- be included as part of the comprehensive (i) meet or exceed housing quality stand- ing projects in the jurisdiction of the agency. needs assessment; ards established by the Secretary; and (B) DELEGATION.—A participating adminis- (D) identify the responsibilities of both the (ii) do not severely restrict housing choice; trative entity may delegate or transfer re- participating administrative entity and the (5) require the owner or purchaser of the sponsibilities and functions under this title Secretary in implementing a mortgage re- project to maintain affordability and use re- to one or more interested and qualified pub- structuring and rental assistance sufficiency strictions for 20 years, as the participating lic entities. plan, including any actions proposed to be administrative entity determines to be ap- (C) WAIVER.—A State housing finance taken under section 106 or 107; propriate, which restrictions shall be con- agency or local housing agency may request (E) require each mortgage restructuring sistent with the long-term physical and fi- and rental assistance sufficiency plan to be a waiver from the Secretary from the re- nancial viability character of the project as prepared in accordance with the require- quirements of this paragraph for good cause. affordable housing; ments of section 104 for each eligible multi- SEC. 104. MORTGAGE RESTRUCTURING AND (6) meet subsidy layering requirements family housing project; RENTAL ASSISTANCE SUFFICIENCY under guidelines established by the Sec- PLAN. (F) indemnify the participating adminis- retary; and (a) IN GENERAL.— trative entity against lawsuits and penalties (7) require the owner or purchaser of the (1) DEVELOPMENT OF PROCEDURES AND RE- for actions taken pursuant to the agreement, project to meet such other requirements as QUIREMENTS.—The Secretary shall develop the Secretary determines to be appropriate. excluding actions involving gross negligence procedures and requirements for the submis- (f) TENANT AND COMMUNITY PARTICIPATION or willful misconduct; and sion of a mortgage restructuring and rental AND CAPACITY BUILDING.— (G) include compensation for all reason- assistance sufficiency plan for each eligible (1) PROCEDURES.— able expenses incurred by the participating multifamily housing project with an expir- (A) IN GENERAL.—The Secretary shall es- administrative entity necessary to perform ing contract. its duties under this Act, including such in- tablish procedures to provide an opportunity (2) TERMS AND CONDITIONS.—Each mortgage for tenants of the project and other affected centives as may be authorized under section restructuring and rental assistance suffi- parties, including local government and the 108. ciency plan submitted under this subsection (b) SELECTION OF PARTICIPATING ADMINIS- community in which the project is located, shall be developed at the initiative of an TRATIVE ENTITY.— to participate effectively in the restruc- owner of an eligible multifamily housing (1) SELECTION CRITERIA.—The Secretary turing process established by this title. project with a participating administrative shall select a participating administrative (B) CRITERIA.—These procedures shall in- entity, under such terms and conditions as entity based on the following criteria— clude— the Secretary shall require. (A) is located in the State or local jurisdic- (i) the rights to timely and adequate writ- (3) CONSOLIDATION.—Mortgage restruc- tion in which the eligible multifamily hous- ten notice of the proposed decisions of the turing and rental assistance sufficiency ing project or projects are located; owner or the Secretary or participating ad- plans submitted under this subsection may (B) has demonstrated expertise in the de- ministrative entity; be consolidated as part of an overall strategy velopment or management of low-income af- (ii) timely access to all relevant informa- for more than one property. fordable rental housing; tion (except for information determined to (b) NOTICE REQUIREMENTS.—The Secretary (C) has a history of stable, financially shall establish notice procedures and hearing be proprietary under standards established sound, and responsible administrative per- requirements for tenants and owners con- by the Secretary); formance; cerning the dates for the expiration of (iii) an adequate period to analyze this in- (D) has demonstrated financial strength in project-based assistance contracts for any el- formation and provide comments to the Sec- terms of asset quality, capital adequacy, and igible multifamily housing project. retary or participating administrative entity liquidity; and (c) EXTENSION OF CONTRACT TERM.—Subject (which comments shall be taken into consid- (E) is otherwise qualified, as determined by to agreement by a project owner, the Sec- eration by the participating administrative the Secretary, to carry out the requirements retary may extend the term of any expiring entity); and of this title. contract or provide a section 8 contract with (iv) if requested, a meeting with a rep- (2) SELECTION OF MORTGAGE RISK-SHARING rent levels set in accordance with subsection resentative of the participating administra- ENTITIES.—Any State housing finance agency (g) for a period sufficient to facilitate the tive entity and other affected parties. or local housing agency which is designated implementation of a mortgage restructuring (2) PROCEDURES REQUIRED.—The procedures as a qualified participating entity under sec- and rental assistance sufficiency plan, as de- established under paragraph (1) shall permit tion 542 of the Housing and Community De- termined by the Secretary. tenant, local government, and community

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2746 CONGRESSIONAL RECORD — SENATE March 21, 1997 participation in at least the following deci- diction of the entity with expiring contracts (1) the owner or purchaser of the project sions or plans specified in this title: in that fiscal year, except that the Secretary has engaged in material adverse financial or (A) The Portfolio Restructuring Agree- may waive this ceiling upon a finding of spe- managerial actions or omissions with regard ment. cial need in the geographic area served by to this project (or with regard to other simi- (B) Any proposed expiration of the section the participating administrative entity. lar projects if the Secretary determines that 8 contract. (3) RENT LEVELS FOR EXCEPTION PROJECTS.— those actions or omissions constitute a pat- (C) The project’s eligibility for restruc- For purposes of this section, a project eligi- tern of mismanagement that would warrant turing pursuant to section 106 and the mort- ble for an exception rent shall receive a rent suspension or debarment by the Secretary), gage restructuring and rental assistance suf- calculation on the actual and projected costs including— ficiency plan pursuant to section 104. of operating the project, at a level that pro- (A) knowingly and materially violating (D) Physical inspections. vides income sufficient to support a budget- any Federal, State, or local law or regula- (E) Capital needs and management assess- based rent that consists of— tion with regard to this project or any other ments, whether before or after restructuring. (A) the debt service of the project; federally assisted project; (F) Any proposed transfer of the project. (B) the operating expenses of the project, (B) knowingly and materially breaching a (3) FUNDING.— as determined by the participating adminis- contract for assistance under section 8 of the (A) IN GENERAL.—The Secretary may pro- trative entity, including— United States Housing Act of 1937; vide not more than $10,000,000 annually in (i) contributions to adequate reserves; (C) knowingly and materially violating funding to tenant groups, nonprofit organi- (ii) the costs of maintenance and necessary any applicable regulatory or other agree- zations, and public entities for building the rehabilitation; and ment with the Secretary or a participating capacity of tenant organizations, for tech- (iii) other eligible costs permitted under administrative entity; nical assistance in furthering any of the pur- section 8 of the United States Housing Act of (D) repeatedly failing to make mortgage poses of this title (including transfer of de- 1937; payments at times when project income was velopments to new owners) and for tenant (C) an adequate allowance for potential op- sufficient to maintain and operate the prop- services, from those amounts made available erating losses due to vacancies and failure to erty; under appropriations Acts for implementing collect rents, as determined by the partici- (E) materially failing to maintain the this title. pating administrative entity; property according to housing quality stand- (B) ALLOCATION.—The Secretary may allo- (D) an allowance for a reasonable rate of ards after receipt of notice and a reasonable cate any funds made available under sub- return to the owner or purchaser of the opportunity to cure; or paragraph (A) through existing technical as- project, as determined by the participating (F) committing any actions or omissions sistance programs and procedures developed administrative entity, which may be estab- that would warrant suspension or debarment pursuant to any other Federal law, including lished to provide incentives for owners or by the Secretary; the Low-Income Housing Preservation and purchasers to meet benchmarks of quality (2) the owner or purchaser of the property Resident Homeownership Act of 1990 and the for management and housing quality; and materially failed to follow the procedures Multifamily Property Disposition Reform (E) other expenses determined by the par- and requirements of this title, after receipt Act of 1994. ticipating administrative entity to be nec- of notice and an opportunity to cure; or (C) PROHIBITION.—None of the funds made essary for the operation of the project. (3) the poor condition of the project cannot available under subparagraph (A) may be (h) EXEMPTIONS FROM RESTRUCTURING.— be remedied in a cost effective manner, as used directly or indirectly to pay for any Subject to section 106, the Secretary shall determined by the participating administra- personal service, advertisement, telegram, renew project-based assistance sufficiency tive entity. telephone, letter, printed or written matter, contracts at existing rents if— (b) OPPORTUNITY TO DISPUTE FINDINGS.— or other device, intended or designed to in- (1) the project was financed through obli- (1) IN GENERAL.—During the 30-day period fluence in any manner a Member of Con- gations such that the implementation of a beginning on the date on which the owner or gress, to favor or oppose, by vote or other- mortgage restructuring and rental assist- purchaser of an eligible multifamily housing wise, any legislation or appropriation by the ance sufficiency plan under this section is in- project receives notice of a rejection under Congress, whether before or after the intro- consistent with applicable law or agreements subsection (a) or of a mortgage restructuring duction of any bill or resolution proposing governing such financing; and rental assistance sufficiency plan under such legislation or appropriation. (2) in the determination of the Secretary (g) RENT LEVELS.— section 104, the Secretary or participating or the participating administrative entity, (1) IN GENERAL.—Except as provided in administrative entity shall provide that the restructuring would not result in signifi- paragraph (2), each mortgage restructuring owner or purchaser with an opportunity to cant savings to the Secretary; or and rental assistance sufficiency plan pursu- dispute the basis for the rejection and an op- (3) the project has an expiring contract ant to the terms, conditions, and require- portunity to cure. under section 8 of the United States Housing ments of this title shall establish for units (2) AFFIRMATION, MODIFICATION, OR REVER- Act of 1937 but does not qualify as an eligible assisted with project-based assistance in eli- SAL.— multifamily housing project pursuant to sec- gible multifamily housing projects adjusted (A) IN GENERAL.—After providing an oppor- tion 102(2) of this title. rent levels that— tunity to dispute under paragraph (1), the (A) are equivalent to rents derived from SEC. 105. SECTION 8 RENEWALS AND LONG-TERM Secretary or the participating administra- AFFORDABILITY COMMITMENT BY comparable properties, if— OWNER OF PROJECT. tive entity may affirm, modify, or reverse (i) the participating administrative entity (a) SECTION 8 RENEWALS OF RESTRUCTURED any rejection under subsection (a) or rejec- makes the rent determination not later than PROJECTS.—Subject to the availability of tion of a mortgage restructuring and rental 120 days after the owner submits a mortgage amounts provided in advance in appropria- assistance sufficiency plan under section 104. restructuring and rental assistance suffi- tions Acts, the Secretary shall enter into (B) REASONS FOR DECISION.—The Secretary ciency plan; and contracts with participating administrative or the participating administrative entity, (ii) the market rent determination is based entities pursuant to which the participating as applicable, shall identify the reasons for on not less than 2 comparable properties; or administrative entity shall offer to renew or any final decision under this paragraph. (B) if those rents cannot be determined, extend an expiring section 8 contract on an (C) REVIEW PROCESS.—The Secretary shall are equal to 90 percent of the fair market eligible multifamily housing project, and the establish an administrative review process to rents for the relevant market area. owner of the project shall accept the offer, appeal any final decision under this para- (2) EXCEPTIONS.— provided the initial renewal is in accordance graph. (A) IN GENERAL.—A contract under this with the terms and conditions specified in (c) FINAL DETERMINATION.—Any final de- section may include rent levels that exceed the mortgage restructuring and rental as- termination under this section shall not be the rent level described in paragraph (1) at sistance sufficiency plan. subject to judicial review. rent levels that do not exceed 120 percent of (b) REQUIRED COMMITMENT.—After the ini- the local fair market rent if the partici- tial renewal of a section 8 contract pursuant (d) DISPLACED TENANTS.—Subject to the pating administrative entity— to this section, the owner shall accept each availability of amounts provided in advance (i) determines, that the housing needs of offer made pursuant to subsection (a) to in appropriations Acts, for any low-income the tenants and the community cannot be renew the contract, for a period of 20 years tenant that is residing in a project or receiv- adequately addressed through implementa- from the date of the initial renewal, if the ing assistance under section 8 of the United tion of the rent limitation required to be es- offer to renew is on terms and conditions States Housing Act of 1937 at the time of re- tablished through a mortgage restructuring specified in the mortgage restructuring and jection under this section, that tenant shall and rental assistance sufficiency plan under rental assistance sufficiency plan. be provided with tenant-based assistance and paragraph (1); and SEC. 106. PROHIBITION ON RESTRUCTURING. reasonable moving expenses, as determined by the Secretary. (ii) follows the procedures under paragraph (a) PROHIBITION ON RESTRUCTURING.—The (3). Secretary shall not consider any mortgage (e) TRANSFER OF PROPERTY.—For prop- (B) EXCEPTION RENTS.—In any fiscal year, a restructuring and rental assistance suffi- erties disqualified from the consideration of participating administrative entity may ap- ciency plan or request for contract renewal if a mortgage restructuring and rental assist- prove exception rents on not more than 20 the participating administrative entity de- ance sufficiency plan under this section be- percent of all units in the geographic juris- termines that— cause of actions by an owner or purchaser in

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 21, 1997 CONGRESSIONAL RECORD — SENATE S2747 accordance with paragraph (1) or (2) of sub- tion 8 of the United States Housing Act of SEC. 108. SHARED SAVINGS INCENTIVE. section (a), the Secretary shall establish pro- 1937, or through the debt restructuring trans- (a) IN GENERAL.—At the time a partici- cedures to facilitate the voluntary sale or action. Each owner that receives rehabilita- pating administrative entity is designated, transfer of a property as part of a mortgage tion assistance shall contribute not less than the Secretary shall negotiate an incentive restructuring and rental assistance suffi- 25 percent of the amount of rehabilitation agreement with the participating adminis- ciency plan, with a preference for tenant or- assistance received. trative entity, which agreement may provide ganizations and tenant-endorsed community- (8) MORTGAGE RESTRUCTURING.—Restruc- such entity with a share of savings from any based nonprofit and public agency pur- turing mortgages to provide a structured restructured mortgage and reduced subsidies chasers meeting such reasonable qualifica- first mortgage to cover rents at levels that resulting from actions under section 107. The tions as may be established by the Sec- are established in section 104(g) and a second Secretary shall negotiate with participating retary. mortgage equal to the difference between the administrative entities a savings incentive SEC. 107. RESTRUCTURING TOOLS. restructured first mortgage and the mort- formula that provides for periodic payments (a) RESTRUCTURING TOOLS.—For purposes of gage balance of the eligible multifamily over a 5-year period, which is allocated as in- this title, and to the extent these actions are housing project at the time of restructuring. centives to participating administrative en- consistent with this section, an approved The second mortgage shall bear interest at a tities. mortgage restructuring and rental assist- rate not to exceed the applicable Federal (b) USE OF SAVINGS.—Notwithstanding any ance sufficiency plan may include one or rate for a term not to exceed 50 years. If the other provision of law, the incentive agree- more of the following: first mortgage remains outstanding, pay- ment under subsection (a) shall require any (1) FULL OR PARTIAL PAYMENT OF CLAIM.— ments of interest and principal on the second savings provided to a participating adminis- Making a full payment of claim or partial mortgage shall be made from all excess trative entity under that agreement to be payment of claim under section 541(b) of the project income only after the payment of all used only for providing decent, safe, and af- National Housing Act. Any payment under reasonable and necessary operating expenses fordable housing for very low-income fami- this paragraph shall not require the approval (including deposits in a reserve for replace- lies and persons with a priority for eligible of a mortgage. ment), debt service on the first mortgage, multifamily housing projects. (2) REFINANCING OF DEBT.—Refinancing of and such other expenditures as may be ap- SEC. 109. MANAGEMENT STANDARDS. proved by the Secretary. During the period all or part of the debt on a project, if the re- Each participating administrative entity in which the first mortgage remains out- financing would result in significant subsidy shall establish and implement management standing, no payments of interest or prin- savings under section 8 of the United States standards, including requirements governing cipal shall be required on the second mort- Housing Act of 1937. conflicts of interest between owners, man- gage. The second mortgage shall be assum- (3) MORTGAGE INSURANCE.—Providing FHA agers, contractors with an identity of inter- able by any subsequent purchaser of any multifamily mortgage insurance, reinsur- est, pursuant to guidelines established by multifamily housing project, pursuant to ance or other credit enhancement alter- the Secretary and consistent with industry guidelines established by the Secretary. The natives, including multifamily risk-sharing standards. mortgage programs, as provided under sec- principal and accrued interest due under the SEC. 110. MONITORING OF COMPLIANCE. tion 542 of the Housing and Community De- second mortgage shall be fully payable upon (a) COMPLIANCE AGREEMENTS.—Pursuant to velopment Act of 1992. Any limitations on disposition of the property, unless the mort- regulations issued by the Secretary after the number of units available for mortgage gage is assumed under the preceding sen- public notice and comment, each partici- insurance under section 542 shall not apply tence. The owner shall begin repayment of pating administrative entity, through bind- to eligible multifamily housing projects. the second mortgage upon full payment of ing contractual agreements with owners and Any credit subsidy costs of providing mort- the first mortgage in equal monthly install- otherwise, shall ensure long-term compli- gage insurance shall be paid from the Gen- ments in an amount equal to the monthly ance with the provisions of this title. Each eral Insurance Fund and the Special Risk In- principal and interest payments formerly agreements shall, at a minimum, provide surance Fund. paid under the first mortgage. The principal for— (4) CREDIT ENHANCEMENT.—Any additional and interest of a second mortgage shall be (1) enforcement of the provisions of this State or local mortgage credit enhancements immediately due and payable upon a finding title; and and risk-sharing arrangements may be estab- by the Secretary that an owner has failed to (2) remedies for the breach of those provi- lished with State or local housing finance materially comply with this title or any re- sions. agencies, the Federal Housing Finance quirements of the United States Housing Act Board, the Federal National Mortgage Asso- of 1937 as those requirements apply to the (b) PERIODIC MONITORING.— ciation, and the Federal Home Loan Mort- applicable project, after receipt of notice of (1) IN GENERAL.—Not less than annually, gage Corporation, to a modified first mort- such failure and a reasonable opportunity to each participating administrative entity gage. cure such failure. The second mortgage may shall review the status of all multifamily housing projects for which a mortgage re- (5) COMPENSATION OF THIRD PARTIES.—En- be a direct obligation of the Secretary or a tering into agreements, incurring costs, or loan financed through a lender, other than structuring and rental assistance sufficiency making payments, as may be reasonably nec- the Secretary. Any credit subsidy costs of plan has been implemented. essary, to compensate the participation of providing a second mortgage shall be paid (2) INSPECTIONS.—Each review under this participating administrative entities and from the General Insurance Fund and the subsection shall include onsite inspection to other parties in undertaking actions author- Special Risk Insurance Fund. determine compliance with housing codes ized by this title. Upon request, partici- (b) ROLE OF FNMA AND FHLMC.—Section and other requirements as provided in this pating administrative entities shall be con- 1335 of the Federal Housing Enterprises Fi- title and the portfolio restructuring agree- sidered to be contract administrators under nancial Safety and Soundness Act of 1992 (12 ments. U.S.C. 4565) is amended— section 8 of the United States Housing Act of (c) AUDIT BY THE SECRETARY.—The Comp- (1) in paragraph (3), by striking ‘‘and’’ at 1937 for purposes of any contracts entered troller General of the United States, the Sec- the end; into as part of an approved mortgage re- retary, and the Inspector General of the De- (2) paragraph (4), by striking the period at structuring and rental assistance sufficiency partment of Housing and Urban Development the end and inserting ‘‘; and’’; plan. may conduct an audit at any time of any (3) by striking ‘‘To meet’’ and inserting the (6) RESIDUAL RECEIPTS.—Applying any ac- multifamily housing project for which a following: quired residual receipts to maintain the mortgage restructuring and rental assist- ‘‘(a) IN GENERAL.—To meet’’; and long-term affordability and physical condi- ance sufficiency plan has been implemented. (4) by adding at the end the following: tion of the property. The participating ad- SEC. 111. REVIEW. ‘‘(5) assist in maintaining the affordability ministrative entity may expedite the acqui- (a) ANNUAL REVIEW.—In order to ensure of assisted units in eligible multifamily sition of residual receipts by entering into compliance with this title, the Secretary housing projects with expiring contracts, as agreements with owners of housing covered shall conduct an annual review and report to defined under the Multifamily Assisted by an expiring contract to provide an owner the Congress on actions taken under this Housing Reform and Affordability Act of with a share of the receipts, not to exceed 10 title and the status of eligible multifamily 1996. housing projects. percent. ‘‘(b) AFFORDABLE HOUSING GOALS.—Actions (7) REHABILITATION NEEDS.—Assisting in taken under subsection (a)(5) shall con- (b) SUBSIDY LAYERING REVIEW.—The par- addressing the necessary rehabilitation stitute part of the contribution of each enti- ticipating administrative entity shall cer- needs of the project, except that assistance ty in meeting their affordable housing goals tify, pursuant to guidelines issued by the under this paragraph shall not exceed the under sections 1332, 1333, and 1334 for any fis- Secretary, that the requirements of section equivalent of $5,000 per unit for those units cal year, as determined by the Secretary.’’. 102(d) of the Department of Housing and covered with project-based assistance. Reha- (c) PROHIBITION ON EQUITY SHARING BY THE Urban Development Reform Act of 1989 are bilitation may be paid from the provision of SECRETARY.—The Secretary is prohibited satisfied so that the combination of assist- grants from residual receipts or, as provided from participating in any equity agreement ance provided in connection with a property in appropriations Acts, from budget author- or profit-sharing agreement in conjunction for which a mortgage is to be restructured ity provided for increases in the budget au- with any eligible multifamily housing shall not be any greater than is necessary to thority for assistance contracts under sec- project. provide affordable housing.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2748 CONGRESSIONAL RECORD — SENATE March 21, 1997 SEC. 112. GAO AUDIT AND REVIEW. nondefault partial payment of the claim ‘‘(2) is made pursuant to section 202 of the (a) INITIAL AUDIT.—Not later than 18 under the mortgage insurance contract, Housing Act of 1959 (including property still months after the effective date of interim or which shall include a determination by the subject to section 202 program requirements final regulations promulgated under this Secretary or the participating administra- that existed before the date of enactment of title, the Comptroller General of the United tive entity, in accordance with the Multi- the Cranston-Gonzalez National Affordable States shall conduct an audit to evaluate a family Assisted Housing Reform and Afford- Housing Act); or representative sample of all eligible multi- ability Act of 1997, of the market value of ‘‘(3) is insured or held pursuant to section family housing projects and the implementa- the project and a restructuring of the mort- 542 of the Housing and Community Develop- tion of all mortgage restructuring and rental gage, under such terms and conditions as the ment Act of 1992, but is not reinsured under assistance sufficiency plans. Secretary may establish.’’. section 542 of the Housing and Community (b) REPORT.— SEC. 115. TERMINATION OF AUTHORITY. Development Act of 1992.’’. (1) IN GENERAL.—Not later than 18 months (a) IN GENERAL.—Except as provided in SEC. 213. CIVIL MONEY PENALTIES AGAINST after the audit conducted under subsection subsection (b), this title is repealed effective MORTGAGEES, LENDERS, AND (a), the Comptroller General of the United October 1, 2002. OTHER PARTICIPANTS IN FHA PRO- GRAMS. States shall submit to the Congress a report (b) EXCEPTION.—The repeal under this sec- (a) CHANGE TO SECTION TITLE.—Section 536 on the status of all eligible multifamily tion does not apply with respect to projects of the National Housing Act (12 U.S.C. 1735f– housing projects and the implementation of and programs for which binding commit- 14) is amended by striking the section head- all mortgage restructuring and rental assist- ments have been entered into before October ing and the section designation and inserting ance sufficiency plans. 1, 2002. the following: (2) CONTENTS.—The report submitted under TITLE II—ENFORCEMENT PROVISIONS ‘‘SEC. 536. CIVIL MONEY PENALTIES AGAINST paragraph (1) shall include— SEC. 201. IMPLEMENTATION. MORTGAGEES, LENDERS, AND (A) a description of the initial audit con- (a) ISSUANCE OF NECESSARY REGULATIONS.— OTHER PARTICIPANTS IN FHA PRO- ducted under subsection (a); and Notwithstanding section 7(o) of the Depart- GRAMS.’’. (B) recommendations for any legislative ment of Housing and Urban Development Act (b) EXPANSION OF PERSONS ELIGIBLE FOR action to increase the financial savings to or part 10 of title 24, Code of Federal Regula- PENALTY.—Section 536(a) of the National the Federal Government of the restructuring tions (as in existence on the date of enact- Housing Act (12 U.S.C. 1735f–14(a)) is amend- of eligible multifamily housing projects bal- ment of this Act), the Secretary shall issue ed— anced with the continued availability of the such regulations as the Secretary determines (1) in paragraph (1), by striking the first maximum number of affordable low-income to be necessary to implement this title and sentence and inserting the following: ‘‘If a housing units. the amendments made by this title in ac- mortgagee approved under the Act, a lender SEC. 113. REGULATIONS. cordance with section 552 or 553 of title 5, holding a contract of insurance under title I (a) RULEMAKING AND IMPLEMENTATION.— United States Code, as determined by the of this Act, or a principal, officer, or em- The Secretary shall issue interim regula- Secretary. ployee of such mortgagee or lender, or other tions necessary to implement this title not (b) USE OF EXISTING REGULATIONS.—In im- person or entity participating in either an later than the expiration of the 6-month pe- plementing any provision of this title, the insured mortgage or title I loan transaction riod beginning on the date of enactment of Secretary may, in the discretion of the Sec- under this Act or providing assistance to the this Act. Not later than 1 year after the date retary, provide for the use of existing regula- borrower in connection with any such loan, of enactment of this Act, in accordance with tions to the extent appropriate, without including sellers of the real estate involved, the negotiated rulemaking procedures set rulemaking. borrowers, closing agents, title companies, real estate agents, mortgage brokers, ap- forth in subchapter III of chapter 5 of title 5, Subtitle A—FHA Single Family and United States Code, the Secretary shall im- praisers, loan correspondents and dealers, Multifamily Housing knowingly and materially violates any appli- plement final regulations implementing this SEC. 211. AUTHORIZATION TO IMMEDIATELY SUS- title. cable provision of subsection (b), the Sec- PEND MORTGAGEES. retary may impose a civil money penalty on (b) REPEAL OF FHA MULTIFAMILY HOUSING Section 202(c)(3)(C) of the National Hous- the mortgagee or lender, or such other per- DEMONSTRATION AUTHORITY.— ing Act (12 U.S.C. 1708(c)(3)(C)) is amended by son or entity, in accordance with this sec- (1) IN GENERAL.—Beginning upon the expi- inserting after the first sentence the fol- tion. The penalty under this paragraph shall ration of the 6-month period beginning on lowing new sentence: ‘‘Notwithstanding be in addition to any other available civil the date of enactment of this Act, the Sec- paragraph (4)(A), a suspension shall be effec- remedy or any available criminal penalty, retary may not exercise any authority or tive upon issuance by the Board if the Board and may be imposed whether or not the Sec- take any action under section 210 of the Bal- determines that there exists adequate evi- retary imposes other administrative sanc- anced Budget Down Payment Act, II. dence that immediate action is required to tions.’’; and (2) UNUSED BUDGET AUTHORITY.—Any un- protect the financial interests of the Depart- (2) in paragraph (2)— used budget authority under section 210(f) of ment or the public.’’. (A) in the first sentence, by inserting ‘‘or the Balanced Budget Down Payment Act, II, SEC. 212. EXTENSION OF EQUITY SKIMMING TO such other person or entity’’ after ‘‘lender’’; shall be available for taking actions under OTHER SINGLE FAMILY AND MULTI- and the requirements established through regula- FAMILY HOUSING PROGRAMS. (B) in the second sentence, by striking tions issued under subsection (a). Section 254 of the National Housing Act (12 ‘‘provision’’ and inserting ‘‘the provisions’’. SEC. 114. TECHNICAL AND CONFORMING AMEND- U.S.C. 1715z–19) is amended to read as fol- (c) ADDITIONAL VIOLATIONS FOR MORTGA- MENTS. lows: GEES, LENDERS, AND OTHER PARTICIPANTS IN (a) CALCULATION OF LIMIT ON PROJECT- ‘‘SEC. 254. EQUITY SKIMMING PENALTY. FHA PROGRAMS.—Section 536(b) of the Na- BASED ASSISTANCE.—Section 8(d) of the ‘‘(a) IN GENERAL.—Whoever, as an owner, tional Housing Act (12 U.S.C. 1735f–14(b)) is United States Housing Act of 1937 (42 U.S.C. agent, or manager, or who is otherwise in amended— 1437f(d)) is amended by adding at the end the custody, control, or possession of a multi- (1) by redesignating paragraph (2) as para- following new paragraph: family project or a 1- to 4-family residence graph (3); ‘‘(5) CALCULATION OF LIMIT.—Any contract that is security for a mortgage note that is (2) by inserting after paragraph (1) the fol- entered into under section 104 of the Multi- described in subsection (b), willfully uses or lowing new paragraph: family Assisted Housing Reform and Afford- authorizes the use of any part of the rents, ‘‘(2) The Secretary may impose a civil ability Act of 1997 shall be excluded in com- assets, proceeds, income, or other funds de- money penalty under subsection (a) for any puting the limit on project-based assistance rived from property covered by that mort- knowing and material violation by a prin- under this subsection.’’. gage note for any purpose other than to meet cipal, officer, or employee of a mortgagee or (b) PARTIAL PAYMENT OF CLAIMS ON MULTI- reasonable and necessary expenses that in- lender, or other participants in either an in- FAMILY HOUSING PROJECTS.—Section 541 of clude expenses approved by the Secretary if sured mortgage or title I loan transaction the National Housing Act (12 U.S.C. 1735f–19) such approval is required, in a period during under this Act or provision of assistance to is amended— which the mortgage note is in default or the the borrower in connection with any such (1) in subsection (a), in the subsection project is in a nonsurplus cash position, as loan, including sellers of the real estate in- heading, by striking ‘‘AUTHORITY’’ and in- defined by the regulatory agreement cov- volved, borrowers, closing agents, title com- serting ‘‘DEFAULTED MORTGAGES’’; ering the property, or the mortgagor has panies, real estate agents, mortgage brokers, (2) by redesignating subsection (b) as sub- failed to comply with the provisions of such appraisers, loan correspondents, and dealers section (c); and other form of regulatory control imposed by for— (3) by inserting after subsection (a) the fol- the Secretary, shall be fined not more than ‘‘(A) submission to the Secretary of infor- lowing new subsection: $500,000, imprisoned not more than 5 years, mation that was false, in connection with ‘‘(b) EXISTING MORTGAGES.—Notwith- or both. any mortgage insured under this Act, or any standing any other provision of law, the Sec- ‘‘(b) MORTGAGE NOTES DESCRIBED.—For loan that is covered by a contract of insur- retary, in connection with a mortgage re- purposes of subsection (a), a mortgage note ance under title I of this Act; structuring under section 104 of the Multi- is described in this subsection if it— ‘‘(B) falsely certifying to the Secretary or family Assisted Housing Reform and Afford- ‘‘(1) is insured, acquired, or held by the submitting to the Secretary a false certifi- ability Act of 1997, may make a one time, Secretary pursuant to this Act; cation by another person or entity; or

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 21, 1997 CONGRESSIONAL RECORD — SENATE S2749 ‘‘(C) failure by a loan correspondent or latory agreement or federally insured mort- ‘‘SEC. 27. CIVIL MONEY PENALTIES AGAINST SEC- dealer to submit to the Secretary informa- gage on the property. TION 8 OWNERS. tion which is required by regulations or di- ‘‘(xiv) Failure, by a mortgagor, a general ‘‘(a) IN GENERAL.— rectives in connection with any loan that is partner of a partnership mortgagor, or an of- ‘‘(1) EFFECT ON OTHER REMEDIES.—The pen- covered by a contract of insurance under ficer or director of a corporate mortgagor, to alties set forth in this section shall be in ad- title I of this Act.’’; and provide management for the project that is dition to any other available civil remedy or (3) in paragraph (3), as redesignated, by acceptable to the Secretary pursuant to reg- any available criminal penalty, and may be striking ‘‘or paragraph (1)(F)’’ and inserting ulations and requirements of the Sec- imposed regardless of whether the Secretary ‘‘or (F), or paragraph (2)(A), (B), or (C)’’. retary.’’; and imposes other administrative sanctions. (d) CONFORMING AND TECHNICAL AMEND- (iv) in the last sentence, by deleting ‘‘of ‘‘(2) FAILURE OF SECRETARY.—The Sec- MENTS.—Section 536 of the National Housing such agreement’’ and inserting ‘‘of this sub- retary may not impose penalties under this Act (12 U.S.C. 1735f–14) is amended— section’’; section for a violation, if a material cause of (1) in subsection (c)(1)(B), by inserting (3) in subsection (d)— the violation is the failure of the Secretary, after ‘‘lender’’ the following: ‘‘or such other (A) in paragraph (1)(B), by inserting after an agent of the Secretary, or a public hous- person or entity’’; ‘‘mortgagor’’ the following: ‘‘, general part- (2) in subsection (d)(1)— ing agency to comply with an existing agree- ner of a partnership mortgagor, officer or di- ment. (A) by inserting ‘‘or such other person or rector of a corporate mortgagor, or identity entity’’ after ‘‘lender’’; and of interest agent employed to manage the ‘‘(b) VIOLATIONS OF HOUSING ASSISTANCE (B) by striking ‘‘part 25’’ and inserting property’’; and PAYMENT CONTRACTS FOR WHICH PENALTY ‘‘parts 24 and 25’’; and (B) by adding at the end the following new MAY BE IMPOSED.— (3) in subsection (e), by inserting ‘‘or such paragraph: ‘‘(1) LIABLE PARTIES.—The Secretary may other person or entity’’ after ‘‘lender’’ each ‘‘(5) PAYMENT OF PENALTY.—No payment of impose a civil money penalty under this sec- place that term appears. a civil money penalty levied under this sec- tion on— Subtitle B—FHA Multifamily tion shall be payable out of project income.’’; ‘‘(A) any owner of a property receiving SEC. 220. CIVIL MONEY PENALTIES AGAINST GEN- (4) in subsection (e)(1), by deleting ‘‘a project-based assistance under section 8; ERAL PARTNERS, OFFICERS, DIREC- mortgagor’’ and inserting ‘‘an entity or per- ‘‘(B) any general partner of a partnership TORS, AND CERTAIN MANAGING son’’; owner of that property; and AGENTS OF MULTIFAMILY (5) in subsection (f), by inserting after ‘‘(C) any agent employed to manage the PROJECTS. ‘‘mortgagor’’ each place such term appears property that has an identity of interest (a) CIVIL MONEY PENALTIES AGAINST MULTI- the following: ‘‘, general partner of a part- with the owner or the general partner of a FAMILY MORTGAGORS.—Section 537 of the Na- partnership owner of the property. tional Housing Act (12 U.S.C. 1735f–15) is nership mortgagor, officer or director of a ‘‘(2) VIOLATIONS.—A penalty may be im- amended— corporate mortgagor, or identity of interest posed under this section for a knowing and (1) in subsection (b)(1), by striking ‘‘on agent employed to manage the property’’; material breach of a housing assistance pay- that mortgagor’’ and inserting the following: (6) by striking the heading of subsection (f) ments contract, including the following— ‘‘on that mortgagor, on a general partner of and inserting the following: ‘‘CIVIL MONEY ‘‘(A) failure to provide decent, safe, and a partnership mortgagor, or on any officer or PENALTIES AGAINST MULTIFAMILY MORTGA- sanitary housing pursuant to section 8; or director of a corporate mortgagor’’; GORS, GENERAL PARTNERS OF PARTNERSHIP ‘‘(B) knowing or willful submission of false, (2) in subsection (c)— MORTGAGORS, OFFICERS AND DIRECTORS OF fictitious, or fraudulent statements or re- (A) by striking the subsection heading and CORPORATE MORTGAGORS, AND CERTAIN MAN- quests for housing assistance payments to inserting the following: AGING AGENTS’’; and the Secretary or to any department or agen- ‘‘(c) OTHER VIOLATIONS.—’’; and (7) by adding at the end the following new (B) in paragraph (1)— subsection: cy of the United States. ‘‘(k) IDENTITY OF INTEREST MANAGING ‘‘(3) AMOUNT OF PENALTY.—The amount of a (i) by striking ‘‘VIOLATIONS.—The Sec- retary may’’ and all that follows through the AGENT.—For purposes of this section, the penalty imposed for a violation under this terms ‘agent employed to manage the prop- colon and inserting the following: subsection, as determined by the Secretary, erty that has an identity of interest’ and may not exceed $25,000 per violation. ‘‘(A) LIABLE PARTIES.—The Secretary may ‘identity of interest agent’ mean an entity— also impose a civil money penalty under this ‘‘(c) AGENCY PROCEDURES.— ‘‘(1) that has management responsibility section on— ‘‘(1) ESTABLISHMENT.—The Secretary shall for a project; ‘‘(i) any mortgagor of a property that in- issue regulations establishing standards and ‘‘(2) in which the ownership entity, includ- cludes five or more living units and that has procedures governing the imposition of civil ing its general partner or partners (if appli- a mortgage insured, coinsured, or held pursu- money penalties under subsection (b). These cable) and its officers or directors (if applica- ant to this Act; standards and procedures— ble), has an ownership interest; and ‘‘(ii) any general partner of a partnership ‘‘(A) shall provide for the Secretary or ‘‘(3) over which the ownership entity exerts mortgagor of such property; other department official to make the deter- effective control.’’. ‘‘(iii) any officer or director of a corporate mination to impose the penalty; (b) IMPLEMENTATION.— mortgagor; ‘‘(B) shall provide for the imposition of a (1) PUBLIC COMMENT.—The Secretary shall ‘‘(iv) any agent employed to manage the implement the amendments made by this penalty only after the liable party has re- property that has an identity of interest section by regulation issued after notice and ceived notice and the opportunity for a hear- with the mortgagor, with the general part- opportunity for public comment. The notice ing on the record; and ner of a partnership mortgagor, or with any shall seek comments primarily as to the ‘‘(C) may provide for review by the Sec- officer or director of a corporate mortgagor definitions of the terms ‘‘ownership interest retary of any determination or order, or in- of such property; or in’’ and ‘‘effective control’’, as those terms terlocutory ruling, arising from a hearing ‘‘(v) any member of a limited liability are used in the definition of the terms and judicial review, as provided under sub- company that is the mortgagor of such prop- ‘‘agent employed to manage the property section (d). erty or is the general partner of a limited that has an identity of interest’’ and ‘‘iden- ‘‘(2) FINAL ORDERS.— partnership mortgagor or is a partner of a tity of interest agent’’. ‘‘(A) IN GENERAL.—If a hearing is not re- general partnership mortgagor. quested before the expiration of the 15-day (2) TIMING.—A proposed rule implementing ‘‘(B) VIOLATIONS.—A penalty may be im- the amendments made by this section shall period beginning on the date on which the posed under this section upon any liable be published not later than one year after notice of opportunity for hearing is received, party under subparagraph (A) that know- the date of enactment of this Act. the imposition of a penalty under subsection ingly and materially takes any of the fol- (c) APPLICABILITY OF AMENDMENTS.—The (b) shall constitute a final and unappealable lowing actions:’’; amendments made by subsection (a) shall determination. (ii) in subparagraph (B), as designated by apply only with respect to— ‘‘(B) EFFECT OF REVIEW.—If the Secretary clause (i), by redesignating the subparagraph (1) violations that occur on or after the ef- reviews the determination or order, the Sec- designations (A) through (L) as clauses (i) fective date of the final regulations imple- retary may affirm, modify, or reverse that through (xii), respectively; menting the amendments made by this sec- determination or order. (iii) by adding after clause (xii), as redesig- tion; and ‘‘(C) FAILURE TO REVIEW.—If the Secretary nated by clause (ii), the following new (2) in the case of a continuing violation (as does not review that determination or order clauses: determined by the Secretary of Housing and before the expiration of the 90-day period be- ‘‘(xiii) Failure to maintain the premises, Urban Development), any portion of a viola- ginning on the date on which the determina- accommodations, any living unit in the tion that occurs on or after that date. tion or order is issued, the determination or project, and the grounds and equipment ap- SEC. 221. CIVIL MONEY PENALTIES FOR NON- order shall be final. purtenant thereto in good repair and condi- COMPLIANCE WITH SECTION 8 HAP ‘‘(3) FACTORS IN DETERMINING AMOUNT OF tion in accordance with regulations and re- CONTRACTS. PENALTY.—In determining the amount of a quirements of the Secretary, except that (a) BASIC AUTHORITY.—Title I of the United penalty under subsection (b), the Secretary nothing in this clause shall have the effect of States Housing Act of 1937 is amended by shall take into consideration— altering the provisions of an existing regu- adding at the end the following new section: ‘‘(A) the gravity of the offense;

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‘‘(B) any history of prior offenses by the vi- (b) APPLICABILITY.—The amendments made ing and Urban Development pursuant to any olator (including offenses occurring before by subsection (a) shall apply only with re- Act administered by the Secretary,’’. the enactment of this section); spect to— ‘‘(C) the ability of the violator to pay the (1) violations that occur on or after the ef- SUMMARY OF THE MULTIFAMILY ASSISTED penalty; fective date of final regulations imple- HOUSING REFORM AND AFFORDABILITY ACT ‘‘(D) any injury to tenants; menting the amendments made by this sec- OF 1997 ‘‘(E) any injury to the public; tion; and PURPOSE ‘‘(F) any benefits received by the violator (2) in the case of a continuing violation (as To preserve the affordability and avail- as a result of the violation; determined by the Secretary of Housing and ability of existing FHA-insured multifamily ‘‘(G) deterrence of future violations; and Urban Development), any portion of a viola- rental housing that is assisted with project- ‘‘(H) such other factors as the Secretary tion that occurs on or after such date. based Section 8 rental assistance, while re- may establish by regulation. (c) IMPLEMENTATION.— ducing the long-term costs of the project- ‘‘(4) PAYMENT OF PENALTY.—No payment of (1) REGULATIONS.— based assistance through restructuring of a civil money penalty levied under this sec- (A) IN GENERAL.—The Secretary shall im- mortgages and project-based contracts. tion shall be payable out of project income. plement the amendments made by this sec- BASIC PROVISIONS ‘‘(d) JUDICIAL REVIEW OF AGENCY DETER- tion by regulation issued after notice and op- Participating Administrative Entities MINATION.—Judicial review of determinations portunity for public comment. (PAEs). Public intermediaries that have made under this section shall be carried out (B) COMMENTS SOUGHT.—The notice under demonstrated expertise in affordable housing in accordance with section 537(e) of the Na- subparagraph (A) shall seek comments as to and responsible asset management would be tional Housing Act. the definitions of the terms ‘‘ownership in- selected to restructure the assisted projects ‘‘(e) REMEDIES FOR NONCOMPLIANCE.— terest in’’ and ‘‘effective control’’, as such through mortgage restructuring and rental ‘‘(1) JUDICIAL INTERVENTION.— terms are used in the definition of the term assistance sufficiency plans. State housing ‘‘(A) IN GENERAL.—If a person or entity ‘‘agent employed to manage such property finance agencies (or local housing finance fails to comply with the determination or that has an identity of interest’’. agencies) would be given a priority to act as order of the Secretary imposing a civil (2) TIMING.—A proposed rule implementing PAEs, assuming they have the appropriate money penalty under subsection (b), after the amendments made by this section shall expertise and are stable and financially the determination or order is no longer sub- be published not later than one year after sound. ject to review as provided by subsections (c) the date of enactment of this Act. Incentives would be negotiated by HUD and (d), the Secretary may request the At- SEC. 222. EXTENSION OF DOUBLE DAMAGES REM- with the PAEs to provide the PAE, in peri- torney General of the United States to bring EDY. odic payments, with a share of savings from an action in an appropriate United States Section 421 of the Housing and Community the restructured mortgage and reduced sub- district court to obtain a monetary judg- Development Act of 1987 (12 U.S.C. 1715z–4a) sidies resulting from the restructuring. Sav- ment against that person or entity and such is amended— ings are to be used for providing decent, safe other relief as may be available. (1) in subsection (a)(1)— and affordable housing for very low-income people. ‘‘(B) FEES AND EXPENSES.—Any monetary (A) in the first sentence, by striking ‘‘Act; Mortgage restructuring and rental assist- judgment awarded in an action brought or (B)’’ and inserting the following: ‘‘Act; (B) ance plan. The plan is to be developed at the under this paragraph may, in the discretion a regulatory agreement that applies to a initiative of the owner and in conjunction of the court, include the attorney’s fees and multifamily project whose mortgage is in- with a PAE. If agreed upon by the owner, sured or held by the Secretary under section other expenses incurred by the United States HUD may extend the contract term or pro- 202 of the Housing Act of 1959 (including in connection with the action. vide section 8 contracts with rent levels set ‘‘(2) NONREVIEWABILITY OF DETERMINATION property subject to section 202 of such Act as in accordance with the bill. If the owner does OR ORDER.—In an action under this sub- it existed before enactment of the Cranston- not agree to extend the contract, tenant- section, the validity and appropriateness of Gonzalez National Affordable Housing Act of based assistance will be made available to the determination or order of the Secretary 1990); (C) a regulatory agreement or such tenants. imposing the penalty shall not be subject to other form of regulatory control as may be Each mortgage restructuring and rental review. imposed by the Secretary that applies to assistance sufficiency plan is intended to: (1) ‘‘(f) SETTLEMENT BY SECRETARY.—The Sec- mortgages insured or held by the Secretary restructure project-based rents; (2) require retary may compromise, modify, or remit under section 542 of the Housing and Commu- the owner to submit a housing needs assess- any civil money penalty which may be, or nity Development Act of 1992, but not rein- ment; (3) require the owner to provide or has been, imposed under this section. sured under section 542 of the Housing and contract for competent management of the ‘‘(g) DEPOSIT OF PENALTIES.— Community Development Act of 1992; or property; (4) require the owner to rehabili- ‘‘(1) IN GENERAL.—Notwithstanding any (D)’’; and tate, maintain adequate reserves and to other provision of law, if the mortgage cov- (B) in the second sentence, by inserting maintain the project in decent and safe con- ering the property receiving assistance under after ‘‘agreement’’ the following: ‘‘, or such dition; (5) require the owner to maintain section 8 is insured or formerly insured by other form of regulatory control as may be project affordability for 20 years; and (6) the Secretary, the Secretary shall apply all imposed by the Secretary,’’; meet subsidy layering guidelines established civil money penalties collected under this (2) in subsection (a)(2), by inserting after by HUD. section to the appropriate insurance fund or ‘‘Act,’’ the following: ‘‘under section 202 of Rent levels. Projects with subsidy contract funds established under this Act, as deter- the Housing Act of 1959 (including section 202 rents above fair market rent would be re- mined by the Secretary. of such Act as it existed before enactment of structured in a manner that would reduce the rents by restructuring the underlying ‘‘(2) EXCEPTION.—Notwithstanding any the Cranston-Gonzalez National Affordable other provision of law, if the mortgage cov- Housing Act of 1990) and under section 542 of debt. Rents would be ‘‘marked’’ to com- ering the property receiving assistance under the Housing and Community Development parable market rents where comparable properties exist or at least 90 percent of fair section 8 is neither insured nor formerly in- Act of 1992,’’; market rents (FMR) if comparable properties sured by the Secretary, the Secretary shall (3) in subsection (b), by inserting after ‘‘agreement’’ the following: ‘‘, or such other do not exist. make all civil money penalties collected In some cases (such as properties that pro- form of regulatory control as may be im- under this section available for use by the vide special services to elderly and disabled posed by the Secretary,’’; appropriate office within the Department for households or because of local market rent (4) in subsection (c)— administrative costs related to enforcement conditions), even if the debt is restructured, (A) in the first sentence, by inserting after of the requirements of the various programs setting rent levels at 90 percent of FMR or ‘‘agreement’’ the following: ‘‘, or such other administered by the Secretary. comparable market levels may be inadequate form of regulatory control as may be im- ‘‘(h) DEFINITIONS.—For the purposes of this to cover the costs of operation. In such posed by the Secretary,’’; and section— cases, rent levels can be set at up to 120 per- (B) in the second sentence, by inserting be- ‘‘(1) the term ‘agent employed to manage cent of FMR. In any fiscal year, a PAE may the property that has an identity of interest’ fore the period the following: ‘‘or under the approve exception rents on not more than 20 means an entity— Housing Act of 1959, as appropriate’’; and percent of all units in its geographic juris- ‘‘(A) that has management responsibility (5) in subsection (d), by inserting after diction. The 20 percent level may be in- for a project; ‘‘agreement’’ the following: ‘‘, or such other creased, subject to a waiver from HUD. ‘‘(B) in which the ownership entity, includ- form of regulatory control as may be im- Restructuring tools. An approved mort- ing its general partner or partners (if appli- posed by the Secretary,’’. gage restructuring and sufficiency plan may cable), has an ownership interest; and SEC. 223. OBSTRUCTION OF FEDERAL AUDITS. include one or more of the following: (1) full ‘‘(C) over which such ownership entity ex- Section 1516(a) of title 18, United States or partial payment of claim; (2) refinancing erts effective control; and Code, is amended by inserting after ‘‘under a on all or part of the debt on a project; (3) ‘‘(2) the term ‘knowing’ means having ac- contract or subcontract,’’ the following: ‘‘or mortgage insurance (FHA insurance, reinsur- tual knowledge of or acting with deliberate relating to any property that is security for ance or other credit enhancement alter- ignorance of or reckless disregard for the a mortgage note that is insured, guaranteed, natives); (4) credit enhancement; (5) com- prohibitions under this section.’’. acquired, or held by the Secretary of Hous- pensation of PAEs; (6) residual receipts; (7)

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 21, 1997 CONGRESSIONAL RECORD — SENATE S2751 rehabilitation requirements; and (8) mort- and the housing issues posed by this Since the HUD appropriations ac- gage restructuring. stock. count cannot sustain these exploding Tax issues. Debt restructuring results in I congratulate Senators D’AMATO, costs, this legislation is intended to be an event that reduces the outstanding mort- MACK, and BENNETT for their contribu- gage that is owed by owners and investors. a comprehensive response which will This reduction in the mortgage amount will tion and commitment to this com- reduce the financial cost and exposure result in a tax liability referred to as ‘‘can- prehensive legislation, as well as their to the Federal Government and pre- cellation of indebtedness,’’ or COD. COD is commitment to finding a bipartisan serve this valuable housing resource. generally treated as ordinary taxable income approach to the many difficult issues The Senate bill would generally pre- under the Internal Revenue Code. The bill associated with the renewal of oversub- serve this low-income housing by using addresses this problem by bifurcating the ex- sidized section 8 project-based con- various tools to restructure these mul- isting mortgage into two obligations. The tracts. This legislation is a meaningful tifamily housing mortgages to the first piece would be determined on the step in developing a reasonable policy market value of the housing with re- amount of the mortgage that could be sup- toward the concerns raised by these ex- sulting reductions in section 8 costs. ported by the rental income stream. Pay- piring section 8 project-based con- ment on the second piece—the difference be- I also am troubled by some of the tween the first mortgage and the mortgage tracts. other section 8 mark-to-market pro- balance—would be deferred until the second Over the last 25 years, a number of posals being promoted, including the mortgage is paid off. HUD programs were established for the position which has been taken by HUD Rehabilitation. Up to $5,000 in rehabilita- construction of affordable, low-income in the past which, in general, opposes tion costs for each project-based unit can be housing by providing FHA mortgage preserving this housing as FHA-insured included within the restructuring. The owner insurance while financing the cost of or as assisted through section 8 must contribute a minimum of 25 percent of the housing through section 8 project- project-based assistance, including the the amount of rehabilitation assistance re- based housing assistance. Currently, ceived. elderly assisted housing, in favor of Troubled properties and noncompliant there are some 8,500 projects with al- vouchers. This position is very ques- owners. Nonviable housing projects and own- most 1 million units that are both tionable, and I emphasize that it is ers not meeting basic program requirements FHA-insured and whose debt service is widely opposed by the housing industry would be ineligible to participate in the re- almost totally dependent on rental as- and tenant groups and advocates. I em- newal and debt restructuring process. Poten- sistance payments made under section phasize that we want to work with tial alternatives in such instances could in- 8 project-based contracts. Most of these HUD on these issues, and that in appro- clude demolition or change of ownership to projects serve very low-income fami- other entities, including nonprofits or resi- priate circumstances vouchers may be lies, with almost 50 percent of the the right decision if we can balance dents. Alternative housing would be provided stock serving elderly and disabled fam- to affected residents in the case of demoli- this decision by ensuring that by re- ilies. tion. structuring a mortgage to the market The crisis facing this housing stock Tenant and community participation and level that we also can require long- is that the section 8 project-based capacity building. Procedures will be estab- term affordablility of this housing for lished by HUD to provide opportunity for housing assistance was initially budg- very low- and low-income families. tenants, local governments and community eted and appropriated through 15- and in which the project is located to participate 20-year section 8 project-based con- This could mean more choice for low- in the restructuring process. Such participa- tracts that are now expiring and for income families and the availability of tion can include timely access to relevant which contract renewal is prohibitively more affordable, low-income housing. I information and the opportunity to analyze expensive. For example, at least 75 per- believe that a number of creative and such information and provide comments to cent of this housing stock have rents positive approaches will need to be re- the PAE or to HUD on all aspects of the viewed as this legislation is considered. portfolio restructuring agreement. In addi- that exceed the fair market rent of the local area. I highlight the underlying principles tion, HUD is authorized, subject to appro- of the bill which would authorize the priations, to provide up to $10 million annu- Since current law generally prohibits ally to fund tenant groups, nonprofits and HUD from renewing these section 8 establishing of participating adminis- public entities for capacity building and contracts at rents above 120 percent of trative entities [PAEs] which would technical assistance. the fair market rent, in many cases, generally be a public agency, with a Enforcement Authority. The bill will mini- the failure to renew expiring section 8 first preference that a PAE be a State mize the incidence of fraud and abuse of Fed- project-based contracts at existing housing finance agency or, second, a erally assisted programs through: (1) expand- local housing agency. These entities ing HUD’s ability to impose sanctions on rents will leave owners without the fi- nancial ability to pay the mortgage would be contracted by HUD to develop lenders; (2) expanding equity-skimming pro- work-out plans in conjunction with hibitions; and (3) broadening the use of civil debt on these projects. This means that money penalties. owners likely will default on their owners of FHA-insured projects with Regulations. Interim regulations are to be FHA-insured mortgage liabilities, re- expiring, oversubsidized section 8 con- developed within six months of passage of sulting in FHA mortgage insurance tracts. Each PAE would develop mort- this Act: final regulations are to be devel- claims totaling some $18 billion and gage restructuring and rental assist- oped within one year of enactment. foreclosures. HUD would then own and ance sufficiency plans as work-out in- Mr. BOND. Mr. President, I stand in be responsible for managing these low- struments to reduce the section 8 sub- strong support of the Multifamily As- income multifamily housing projects. sidy needs of projects through mort- sisted Housing Reform and Afford- This bill is intended to avoid this po- gage restructuring. ability Act of 1997. This bill is virtually tential crisis through a fiscally respon- The basic tool provided in the draft identical to S. 2042, which was intro- sible and housing sensitive strategy. bill, and the likely key to any success- duced in the last Congress and goes a In addition, the cost of the section 8 ful strategy to preserve this housing, is long way toward developing a construc- contracts on these projects reempha- to authorize the restructuring of the tive and comprehensive section 8 sizes the difficult budget and appro- mortgage debt on these oversubsidized mark-to-market contract renewal pro- priation issues facing the Congress. In section 8 multifamily housing projects. gram for reducing the costs of expiring particular, according to HUD esti- In particular, the bill would allow the project-based section 8 contracts, lim- mates, the cost of all section 8 contract restructuring of these high-cost mort- iting the financial exposure of the FHA renewals, both tenant-based and gages with a new first mortgage re- multifamily housing insurance fund for project-based, will require appropria- flecting, generally, the market value of FHA-insured section 8 projects, and tions of about $3.6 billion in Fiscal a project, and a soft second mortgage preserving, to the maximum extent Year 1997, $10.2 billion in Fiscal Year held by HUD or financed by the private possible, the section 8 project-based 1998, and over $16 billion in Fiscal Year sector, with interest at the applicable housing stock for very low- and low-in- 2002. In addition, the cost of renewing Federal rate, covering the remainder of come families. This legislation builds the section 8 project-based contracts the original mortgage debt and payable on a demonstration enacted as part of will grow from $1.2 billion in Fiscal upon disposition or upon full payment the VA/HUD Fiscal Year 1997 appro- Year 1997 to almost $4 billion in Fiscal of the first mortgage. This provision priations bill which provided HUD with Year 2000, and to some $8 billion in 10 will reduce the cost of section 8 assist- flexible authority to address the costs years. ance and minimize any loss to the FHA

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2752 CONGRESSIONAL RECORD — SENATE March 21, 1997 multifamily insurance fund. In addi- ical role in the development of this respondingly reduced rent levels with- tion, this approach ensures that there bill. I commend him for the significant out experiencing significant hardship. is no taxable event by virtue of the contributions he has made in address- This restructuring will protect the mortgage restructuring. ing this crisis. In addition, I would like FHA insurance fund from increased I also think it would be beneficial to to express my appreciation to Senator risk of default which would occur if look at some kind of exit tax relief to ROBERT BENNETT for his diligence in section 8 payments were reduced with- encourage owners, especially limited confronting this complex issue. out any corresponding reduction in partners, to divest their interest in The legislation we are introducing debt service payments. these properties, to encourage new in- today is very similar to S. 2042, intro- Mr. President, our legislation will vestment in and the revitalization of duced by Senators MACK, BOND, BEN- also maintain the existing stock of de- these properties. I am hopeful that the NETT, and myself in August 1996. This cent, safe, and affordable housing be- administration will help craft some bill constitutes a major step toward re- cause it provides for the renewal of sec- form of tax relief that balances the ducing the costs of the Section 8 Pro- tion 8 contracts as project-based assist- need of the Government to preserve gram, and will allow for existing resi- ance. Our legislation recognizes the this housing for low-income use at an dents to be fully protected and for con- enormous investment we have made in affordable and reasonable cost to both tracts to be renewed. this portfolio and reaffirms our com- the Government and low-income fami- HUD Secretary Andrew Cuomo, in re- mitment to maintaining it as a stock lies. cent testimony before the House Gov- of affordable housing which will be Finally, I emphasize that the time to ernment Reform and Oversight Com- available for people of modest means act is now. I sponsored a section 8 mittee’s Human Resources Sub- for years to come. It also fulfills our mark-to-market demonstration which committee, described the increasing obligation to the American taxpayer to was included in the VA/HUD Fiscal costs of renewing expiring section 8 ensure that our Federal expenditures Year 1997 appropriations bill which is contracts as, ‘‘the greatest crisis HUD serve vital public interests in a cost-ef- similar to this legislation and rep- has ever faced.’’ I must concur with fective manner. resents an interim approach to the sec- Mr. Cuomo. Let me briefly describe In addition, the bill contains impor- tion 8 mark-to-market contract re- some of the growing costs associated tant new enforcement tools for HUD to newal issue. I am disappointed that with this program. In fiscal year 1997, employ to crack down on fraud, waste, HUD has failed to implement this dem- Congress appropriated $3.6 billion for and abuse within the program by un- onstration because we need the infor- the renewal of expiring section 8 con- scrupulous landlords. Other provisions mation to continue to make informed tracts. Large numbers of long-term within the bill will help recapitalize policy decisions with regard to this section 8 contracts, which were written projects with deferred maintenance issue. Nevertheless, the appropriation as long as 5 to 20 years ago, will expire needs. The bill also recognizes that language indicates my strong belief this year. there is a portion of this portfolio that we can no longer afford, as a mat- According to the Congressional Budg- which is seriously distressed and has ter of housing policy and fiscal respon- et Office’s latest estimates, the budget deteriorated to such a point that it is sibility, to renew expiring section 8 authority required to renew these con- no longer financially possible to con- project-based contracts at the existing, tracts will increase to $10.2 billion in tinue as project-based housing. In this relatively small number of cases, resi- over-market rents. I strongly believe fiscal year 1998. Within the next 5 dents would be protected with section 8 that section 8 reform legislation should years, renewal needs will increase fur- vouchers to enable them to continue to be acted on by the authorizing commit- ther until they consume nearly all of HUD’s current budget of approximately live in affordable housing. tees before the end of the fiscal year, While the bill will refocus HUD’s ef- $19.5 billion. These cost increases will with the full benefit of hearings and forts on enforcing rules against fraud occur without the adoption of a single discussion on these very difficult pol- and waste, it also recognizes HUD’s ad- new unit of section 8 housing. In addi- icy issues. mitted lack of capacity. Therefore, I look forward to working with my tion, many of these expiring contracts while HUD’s staff management will be colleagues on the legislation and hope cover units which are subsidized at refocused on enforcement, the bill will that the Housing Subcommittee and rates significantly above the sur- place primary responsibility for con- Banking Committee can act in an expe- rounding local market rents. Also, ducting mortgage workouts with State ditious manner on this measure. I em- many contracts affect units which have and local housing finance agencies phasize the need to work together and serious repair and rehabilitation needs. [HFA’s]. A preference would be pro- These escalating costs, in budget au- I look forward to moving this legisla- vided to qualified HFA’s to oversee thority and outlays, must be reduced tion through Congress and onto the mortgage workouts. desk of the President. in order to avoid resident displacement By encouraging the involvement of Mr. D’AMATO. Mr. President, I rise and reduced funding of important and the HFA’s, the bill will build on the ex- today to cosponsor the Multifamily As- needed housing and community devel- isting financial and housing manage- sisted Housing Reform and Afford- opment programs. ment expertise which already exists at ability Act of 1997. This important Mr. President, millions of needy the State and local level. The HFA’s piece of legislation will address a seri- Americans depend on section 8 housing are already accountable to the public ous affordable housing crisis by re- to provide them with affordable shel- interest and have extensive experience structuring the Department of Housing ter. The average income of persons as- in working with this portfolio. and Urban Development’s [HUD] Fed- sisted with section 8 is similar to that Also, residents of affected properties eral Housing Administration [FHA] in- of persons living in Federal public would be provided with an opportunity sured and section 8 assisted multi- housing—approximately 17 percent of for input in a communitywide con- family housing portfolio. the local area median income. In addi- sultation process, and will be provided I wish to thank my friend and col- tion, over 35 percent of these persons adequate notice, access to information, league Senator CONNIE MACK, chairman are elderly. Many more are disabled and an adequate time period for anal- of the Banking Committee’s Sub- and single parents with limited work ysis and comment. committee on Housing and Community experience or education. It is impera- Mr. President, during the 104th Con- Opportunity, for his extraordinary tive that we protect our needy and vul- gress, the Banking Committee held a leadership in crafting this measured nerable residents. number of hearings and discussions and thoughtful legislative initiative Importantly, this bill will protect ex- with all interested parties on this which deals with a vexing and com- isting residents through the renewal of issue. This legislation represents the plicated issue—the approaching crisis project-based contracts. The legisla- culmination of that important effort. A in HUD section 8 contract renewals. tion will allow the mortgages of the af- general consensus of support has devel- I would also like to recognize Sen- fected projects to be refinanced and re- oped behind the committee’s legisla- ator KIT BOND, the chairman of the structured, thereby reducing debt serv- tive framework. VA–HUD Appropriations Sub- ice costs. As a result, the projects will As the committee continues its delib- committee, who has also played a crit- be able to continue to operate with cor- erations on this bill, there will be a

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I thank all members of the a job well done.∑ IMPACT ON NATIONAL PRIORITIES Banking Committee for their efforts on (A Special Report of the U.S. Senate Budget Committee Democratic Staff, Mar. 19, 1997) behalf of affordable housing and look f forward to continuing our bipartisan INTRODUCTION commitment to resolving the HUD sec- In January, the Senate Republican leader- GOP TAX BREAKS HURT THE ship introduced two bills that provide mas- tion 8 crisis. MIDDLE CLASS sive new tax breaks, primarily for higher-in- f ∑ Mr. LAUTENBERG. Mr. President, come Americans. The leadership made enact- ADDITIONAL COSPONSORS ment of S. 1 and S. 2 top priorities for the yesterday, the Budget Committee 105th Congress. S. 311 walked through an analysis of the In the first five years, the tax breaks in At the request of Mr. GRAHAM, the President’s budget prepared by the Re- these measures cost $200 billion. Over the name of the Senator from Mississippi publican committee staff. And in an- next five years, costs rise by 60 percent for a ticipation of that meeting, I asked the ten-year total of $525 billion. In the subse- [Mr. COCHRAN] was added as a cospon- quent ten-year period, the revenue loss in- sor of S. 311, a bill to amend title XVIII Democratic staff of the committee to prepare an analysis of the Republicans’ creases dramatically, to more than $760 bil- of the Social Security Act to improve lion. preventive benefits under the medicare budget, or at least what we know of the Not a single dime of these Republican tax program. Republican budget. breaks is paid for in the bills themselves, or in an overall budget plan for 1998. As a re- S. 389 So far, we know that the Senate Re- publican leadership has proposed as sult, the Republican tax scheme would dra- At the request of Mr. ABRAHAM, the matically increase the budget deficit. If the name of the Senator from Mississippi their first two bills—S. 1 and S. 2—leg- islation that would provide $200 billion Republican tax bills were enacted, deficits [Mr. LOTT] was added as a cosponsor of would rise from $121 billion in 1997 to $251 worth of tax breaks over the next five S. 389, a bill to improve congressional billion in 2002. deliberation on proposed Federal pri- years. Since Republicans assert that they support vate sector mandates, and for other Some Republicans have raised the balancing the budget by fiscal year 2002, pro- purposes. possibility that those tax breaks might viding tax breaks of this magnitude would be deferred until after an initial budget require extreme cuts in programs that are S. 494 agreement. critical to middle class Americans. These At the request of Mr. KYL, the name cuts would be far deeper than those proposed But Senator LOTT, Speaker GINGRICH, of the Senator from Alabama [Mr. by the President in his balanced budget plan. Senator ROTH, Congressman ARMEY, SHELBY] was added as a cosponsor of S. Until now, however, there has been no dis- and others all seem very committed to 494, a bill to combat the overutilization cussion of these potential cuts. The Repub- large tax breaks. of prison health care services and con- lican leadership has failed to offer a budget or to explain the reductions they intend to trol rising prisoner health care costs. And that means that sooner or later—perhaps as part of an initial use to pay for their tax breaks. The Amer- SENATE JOINT RESOLUTION 6 agreement, or perhaps later—they ican people have been kept in the dark about At the request of Mr. KYL, the name would have to pay for those tax breaks. what the GOP tax scheme would mean for of the Senator from Alabama [Mr. them. The analysis prepared by the Demo- In stark contrast, President Clinton has SHELBY] was added as a cosponsor of cratic staff of the Budget Committee proposed a budget that balances in 2002, Senate Joint Resolution 6, a joint reso- simply explains in a very straight- based on estimates by the Congressional lution proposing an amendment to the forward, objective way what that Budget Office. The President’s budget in- Constitution of the United States to would mean. cludes several tax cuts targeted to the mid- protect the rights of crime victims. And, not surprisingly, it’s dev- dle class. However, by rejecting the Repub- f licans’ massive tax breaks for the wealthy, astating. the President is able to protect important NCAA DIVISION III MEN’S INDOOR In the year 2002, 300,000 children national priorities in education, environ- TRACK AND FIELD CHAMPIONS would be denied participation in Head ment, Medicare and Medicaid. ∑ Start; because of cutbacks at the Jus- This analysis explains the depth of the Mr. KOHL. Mr. President, I recognize cuts that would be required to pay for the today an outstanding achievement in tice Department, 11,000 additional criminals would be left free on the Republican tax breaks and examines their Wisconsin collegiate athletics. Over impact on ordinary Americans. The report the weekend of March 7–8, 1997, the streets; a college education would be explores the kind of spending cuts Repub- University of Wisconsin, La Crosse, less attainable for as many as half a licans are likely to make to pay for these captured the NCAA Division III Men’s million students; 3.5 million children massive tax breaks and still balance the Indoor Track and Field Championship. could be denied reading and math as- budget in 2002. Under this scenario, the Re- A perennial powerhouse in men’s track sistance; 2.75 million households would publican tax breaks would result in cuts of find themselves without heating assist- up to one-third in areas such as education, and field, the Eagles amassed 44 points environmental protection, crime prevention, to claim their 7th NCAA Division III ance; 50 of the most hazardous toxic waste sites wouldn’t get cleaned up; 250 transportation, and health care research. men’s indoor title and the 6th title These cuts would dramatically reduce eco- under men’s head coach, Mark Guthrie. VA medical and counseling centers nomic and other opportunities for ordinary Paced by junior All-American David could close; and 2,400 border patrol Americans, and reduce the quality of life for Whiteis’ first place finish in the 400 agents could be laid off. the middle class. meter dash, the Eagles demonstrated The list goes on and on. And it really In the coming months, the American peo- ple will have the opportunity to choose be- their team balance in both field and makes the case against large tax breaks for the rich. tween the President’s budget and the Repub- track events by placing finalists in the lican proposal. We hope that this report will 1500 and 5000 meter runs; the 4 by 400 Now, let me be clear that I remain help Congress and the public make informed meter relay; the pole vault; the triple very hopeful that we can move toward judgments about these competing ap- jump; and the 35-pound weight throw. a bipartisan agreement to balance the proaches. I have great respect for student-ath- budget. METHODOLOGY letes, Mr. President, and in particular But I hope that when the information This report calculates the impact of the those student athletes who compete included in this report becomes known, Republican tax breaks using the approach within the guidelines of the NCAA’s Di- many of my Republican colleagues will proposed by Senator Robert Dole during his vision III status. These student-ath- rethink their tax breaks for the rich. presidential campaign in 1996. Senator Dole letes do not compete with the benefit I ask that the text of the special re- advocated the enactment of extensive tax breaks paid for nearly exclusively through of a scholarship; their only prize is port by the Senate Democratic Budget cuts in nondefense discretionary programs. pride and victory. It is with this spirit Committee staff be printed in the Under Senator Dole’s plan, nondefense dis- of competition that I salute head coach RECORD at this point. cretionary programs would have been cut by Mark Guthrie and the University of The report follows: nearly 40 percent.

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This report evaluates the additional cuts spending. Measured as a share of the econ- THE REPUBLICAN TAX BREAKS that would be required in nondefense discre- omy, nondefense spending has fallen from 5.2 The Republican tax plan, as embodied in tionary programs to offset the costs of the percent in 1980 to its current low level of 3.5 S.1 and S.2, would increase the deficit by $200 tax breaks included in the GOP tax scheme. percent. A reduction of 32 percent would re- billion over the next five years. In contrast Our focus is on the final year of a five-year duce this component of the budget to 2.2 per- to the President’s budget, the Republican budget agreement, in which the budget will cent of GDP, the lowest level since at least plan includes no proposals to offset any of be balanced. 1940. these costs. To arrive at the appropriate figures, we A reduction of this magnitude would re- The Republican tax breaks greatly in- have started with the baseline produced by quire a dramatic reduction in public invest- crease the deficit in the first five years and ments that promote economic growth. These the Congressional Budget Office (CBO), then the costs explode in future years. In investments are primarily in the nondefense which anticipates the amount of spending fact, these tax breaks will swell to $325 bil- discretionary part of the budget, and include that would be expected if current policies are lion from 2003 to 2007, a 60 percent increase. expenditures for major capital investment, continued. Using that baseline, outlays for The Republican tax package will cost more research and development, and education nondefense discretionary programs are ex- than the tax breaks contained in the final and training programs. Deep cuts in these pected to total $321 billion in fiscal year 2002. version of the Contract with America budget programs could harm our Nation’s economy To achieve balance in 2002, President Clin- that President Clinton vetoed in the last ton has proposed cuts in nondefense discre- in the future. State and local governments are also like- Congress. tionary spending totaling $26 billion. This A large component of the Republican tax would represent an 8 percent reduction from ly to be hit hard by these reductions. Some discretionary programs viewed as ‘‘essential plan is geared toward the very wealthy. The the amounts required to maintain current capital gains tax break would provide a policies. However, the President’s budget Federal functions’’ will be spared deep cuts. These include funds for operating Social Se- windfall to persons with large holdings. In provides a set of additional policies to ensure addition, the estate tax break would benefit that the budget actually balances in that curity and veterans programs. To the extent that these programs are cut less than 32 per- those who inherit estates from the top 1 per- year, should economic or other conditions cent of wealthy individuals. This tax break vary from the President’s projections. The cent, other programs will have to be cut more deeply. State and local grants are like- would provide a windfall for people inher- President does not believe that these ‘‘fail iting estates up to $21 million. The IRA tax safe’’ policies will be needed, and recent eco- ly to bear a larger share of the cuts since they are not tied to the central role of the break included in the Republican proposals nomic data support that conclusion. How- is similar to the President’s proposal, but is ever, if CBO’s estimates prove correct, non- Federal government. These cuts—on top of those in last year’s welfare reform bill and more geared to those with higher incomes. defense discretionary spending would be re- perhaps further cuts in Medicaid—would be duced by an additional $10 billion in 2002, for WEAKENING ENVIRONMENTAL PROTECTIONS difficult for States and localities to handle a total cut of $36 billion. This would amount Toxic waste clean up. A 32 percent cut in without reductions in crucial public services, to a reduction of 11 percent. the Superfund program would postpone new A comparison of the Republican tax breaks or tax increases. cleanup activities at more than 50 of the Federal grants help State and local govern- and the President’s own revenue proposals most hazardous toxic waste sites and delay ments finance programs covering most areas shows that the additional tax breaks would the completion of cleanups at more than 20 of domestic public spending. Federal grant lead to a deficit $67 billion larger than under additional sites in 2002. These delays would outlays were $228 billion in 1996, or 15 percent the President’s plan. The $67 billion figure is subject communities to additional health of total Federal outlays, and are estimated based on estimates by the Joint Committee risks, and impede economic development to increase to $291 billion by 2002. Reducing on Taxation. Assuming that these additional that could create many jobs. the Federal commitment by a third would costs would be offset through cuts in non- Clean water. A 32 percent cut in Clean make it more difficult for States and local- defense discretionary programs, as Senator Water programs could eliminate more than ities to provide critical domestic services, Dole proposed, the total cuts in these pro- 250 loans to municipalities across the coun- such as public education, law enforcement, grams would amount to $103 billion in 2002. try to ensure that our lakes, streams and roads, water supply, and sewage treatment. This represents a cut from current policy of rivers are clean and safe. The likely would be 32 percent. These cuts are far deeper than a DENYING EDUCATIONAL OPPORTUNITIES dirtier water, and perhaps additional health freeze or even last year’s Republican budget. Head Start. A 32 percent cut ($1.4 billion) hazards. These cuts are 24 percent deeper than those in Head Start in 2002 would deny about Inspection activities. A 32 percent cut in made by the President in his alternative 300,000 children aged 3–5 the opportunity to environmental enforcement could result in a budget. These nondefense discretionary benefit from this effective pre-school pro- reduction of more than 13,000 enforcement paths are shown in the table below. gram, which provides comprehensive child actions. This could prevent EPA from halt- This report explains what a 32 percent cut development, education and nutrition serv- ing unlawful pollution, lead to worsening en- would mean for a range of domestic pro- ices. vironmental conditions, and let many wrong- grams of importance to ordinary Americans. Education of the Disadvantaged. A 32 per- doers off the hook. Activities that could be The 32 percent figure represents an average cent cut for the Title I program would elimi- affected include: asbestos inspections in pub- of the cuts that would be needed. Of course, nate reading and math assistance to about lic/commercial buildings, compliance with Congress could propose higher levels for par- 3.5 million poor children. This is likely to Clean Air Act standards, and the monitoring ticular programs; however, any such in- lead to reduced academic performance and of the Nation’s drinking water. creases would have to be offset by even deep- fewer economic opportunities for many of National Parks and Refuges. A 32 percent er cuts in other programs. these children. cut in the NPS could eliminate maintenance Children with Disabilities. A 32 percent cut at 90 national parks, while the U.S. Fish and NONDEFENSE DISCRETIONARY SPENDING IN FISCAL YEAR in the Special Education program would re- Wildlife Service could eliminate funding for 2002 duce critical educational services that are more than 100 wildlife refuges. This cut could now provided to 6 million children with dis- [Dollars in billions] also lead to increased entrance and activity abilities. It also would make it impossible fees. for the Federal government to meet its stat- Spending Real re- CUTTING LAW ENFORCEMENT duction 1 utory goal of sharing 40 percent of the costs level (percent) of special education. Today, the Federal gov- Prosecuting Criminals. A 32 percent reduc- ernment is providing only 8 percent of these tion in funding for the U.S. Attorneys’ office CBO uncapped baseline ...... $321 0 would mean that at least 19,000 fewer persons President’s budget ...... 294 ¥8 costs, a level Senate Republicans have sharp- President’s alternative ...... 285 ¥11 ly criticized as irresponsible. But under a 32 accused of violent crime, drug smuggling, Freeze at 1997 level ...... 272 ¥15 percent discretionary cut, the Federal share and organized crime activity would be pros- Last year’s Republican budget ...... 245 ¥24 ecuted and 11,000 criminals who otherwise Republican plan ...... 217 ¥32 would be reduced even further—to 6 percent or less by 2002. would be serving prison sentences would in- 1 Reductions from CBO’s uncapped baseline of March 1997, which rep- Pell Grants. A 32 percent cut in the Pell stead be free citizens. resents the 1997 enacted level adjusted for inflation in each subsequent year. Grant program could make a college edu- Prisons. A 32 percent cut in prison funding cation less attainable for as many as a half could reduce by 42,000 the number of prison IMPACT OF A 32 PERCENT CUT ON DOMESTIC a million students by substantially reducing cells available to hold serious offenders. This PRIORITIES the value of the grants. would mean that thousands of criminals Nondefense discretionary spending in- Job Corps. A 32 percent reduction in the would be left on the streets. By contrast, the cludes programs that rely on funding successful Job Corps program could lead to President’s budget provides full funding for through annual appropriations. These in- the closure of about 40 job centers, thus de- the Federal prison system by the year 2002. clude programs for education and training, nying job training opportunities to an esti- Controlling Illegal Immigration and Drug environmental protection, law enforcement, mated 20,000 disadvantaged youths. Nearly Trafficking. A 32 percent cut in the Immigra- transportation, and health research, among 64,000 people are currently enrolled at 115 tion and Naturalization Service would re- others. centers. This type of cut could mean that quire the dismissing of 2,400 Border Patrol In 1996, nondefense spending totaled $267 there would be fewer Job Corps centers in Agents. Since the preponderance of these billion, or about 17 percent of total Federal 2002 than there were in the late 1970s. Agents are deployed along the Southwest

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 21, 1997 CONGRESSIONAL RECORD — SENATE S2755 Border, it is likely that illegal immigration Veterans Medical Care. A 32 percent cut in addition to nondefense discretionary, along the California, Arizona, New Mexico the Veterans Administration could result in both Medicare and Medicaid cuts would and Texas perimeter would rise. closing more than 250 VA medical facilities increase dramatically from the levels Byrne Grants. A 32 percent reduction could and counseling centers, could deprive more mean that 1,500 fewer formula grants would than 800,000 veterans access to VA medical proposed by the President. Medicare be made by states from the Edward Byrne care and could add more than 3 weeks to the would receive nearly one-quarter of Memorial State and Local Law Enforcement waiting time for a service-connected com- any additional cuts, and Medicaid cuts Assistance program. These grants give states pensation benefit claim. would increase by 14 percent. The table broad assistance with the functioning of Housing. The Section 8 program provides below shows how dramatically the cuts their criminal justice systems—with empha- basic housing assistance for America’s poor, in the President’s budget for Medicare disabled, and elderly. A 32 percent cut in this sis on violent crime and serious offenders— would rise under this scenario, over a and with the enforcement of Federal drug program translates into more than 800,000 laws. fewer housing units. That means approxi- five- six- and seven-year period. REDUCING INVESTMENT IN TRANSPORTATION mately 2.2 million people would lose housing assistance, including approximately 760,000 DISTRIBUTION OF ADDITIONAL SPENDING CUTS TO MEDICARE AND Federal-aid Highways. A 32 percent cut in elderly and disabled Americans. MEDICAID, BASED ON PREVIOUS REPUBLICAN BUDGET this program would eliminate $6.7 billion in CDBG. Community Development Block [In billions of dollars] federal assistance to the states for highway Grants are used by cities to help finance projects and improvements in 2002. In addi- Medicare: housing rehabilitation, economic develop- President’s budget ...... ¥88 tion, to achieve a 32 percent cut in outlays in ment, and large-scale physical development 2002, tight caps on obligations would have to President’s plus Republican cuts: projects. On average, every dollar spent for 5-year ($200) ...... ¥138 be set by the Congress in the preceding CDBG leverages $2.31 in private and other in- years. Already, all levels of government are 6-year ($256) ...... ¥181 vestment. A 32 percent CDBG cut would 7-year ($290) ...... ¥239 spending approximately $15 billion less than bring funding down to $3.5 billion in 2002, 27 the level necessary to maintain our highway Note: President’s budget cuts assume alternative percent less than 1997. For many commu- policies that achieve a balanced budget under CBO system at its current level of performance. nities, that would be a substantial cut. assumptions. In addition, since the U.S. Department of Drug Elimination Grants. A 32 percent cut Transportation estimates that each $1 bil- would mean that these grants, which are With the additional cuts, the cumulative lion spent on transportation creates 40,000– used to fight drugs and crime in public hous- reductions in Medicare would grow from the 50,000 jobs, a cut of this magnitude could re- ing, would be reduced by $107 million to $224 $88 billion in the President’s balanced budget sult in the loss of approximately 300,000 jobs million in 2002. to $138 billion over five years. Over six years, in 2002 alone. Special Supplemental Feeding Program for cuts would increase to $181 billion and the Federal Transit Administration. A 32 per- Women, Infants and Children (WIC). WIC seven-year total would reach $239 billion.∑ cent cut in FTA funding would reduce the would be cut by $1.4 billion under this sce- amount available for key mass transit pro- nario. Nearly 2.5 million fewer women, in- f grams by about $1.5 billion. This could ad- fants and children would receive benefits. versely affect many of our nation’s public WIC provides supplemental coupons for spe- transportation systems, particularly the cialized foods to low-income families as well REV. DR. EDGAR L. VANN, JR. smaller and medium-sized systems that de- as nutritional, educational and health care ∑ Mr. LEVIN. Mr. President, I have the pend more heavily on federal assistance and referrals. Studies show that the WIC pro- have fewer resources at their disposal. Tran- gram improves birth outcomes and has re- honor of paying tribute to a great civic sit agencies would have to either raise fares duced the incidence of childhood anemia. and religious leader and a dear friend, or reduce service, or both, to try to deal with Low Income Housing Energy Assistance Rev. Dr. Edgar Leo Vann, Jr. On April reduced federal assistance. In addition, fund- Program. A 32 percent cut in LIHEAP could 13, 1997, Reverend Vann will be cele- ing for the purchase of buses and rail vehi- mean that about 2.75 million households brating his 20th anniversary as pastor cles would decline significantly, and transit could find themselves without heating as- of the Second Ebeneezer Baptist new starts would be delayed or abandoned. sistance. The LIHEAP program serves low Church in Detroit, MI. Congestion and air pollution in major urban income families and senior citizens who oth- areas would increase because, as transit erwise might not be able to afford heating in Reverend Vann has been a longtime service is reduced, commuters would revert winter. champion of civil rights and social jus- to automobiles. ALTERNATIVE WAYS TO PAY FOR REPUBLICAN tice. He serves on the executive boards FAA operations. A 32 percent cut would se- TAX BREAKS of numerous Michigan civic organiza- verely harm FAA’s ability to maintain safe As explained above, this study has cal- tions, including the Michigan Civil skies. Airline traffic is expected to increase culated the effect of the Republican tax Rights Commission, the Detroit Em- over the next few years, so FAA’s increased breaks using the approach adopted by Sen- powerment Zone Corp., the Michigan workload will require more federal funding, ator Robert Dole in last year’s presidential Commission of Human Rights, and the not less. A cut of more than $1 billion could campaign. Senator Dole offset most of the result in a staff reduction of 10,000 employ- costs of his proposed tax breaks by cutting Detroit Urban League. ees, including many safety personnel (con- nondefense discretionary spending. This ap- As a member of the National Baptist trollers, technicians, and inspectors). Efforts proach seems likely to be adopted again, es- Convention USA and the President of to modernize the air traffic control system pecially given strong public opposition to the Council of Baptist Pastors of De- could be harmed. The result could be much past Republican proposals for cuts in Medi- troit and Vicinity, Reverend Vann is less frequent and less comprehensive inspec- care, Medicaid and other mandatory pro- widely recognized as a religious leader. tions of aircraft and an insufficient number grams. However, considering their record in of controllers to handle current and pro- the past, it remains possible that the Repub- He currently ministers to more than jected volumes of air traffic. licans would choose other methods to pay for 2,000 people at two consecutive Sunday CUTTING SCIENCE AND ENERGY RESEARCH their large tax breaks. services. Under his leadership, the Sec- National Science Foundation. A 32 percent To help explain an alternative scenario for ond Ebeneezer Baptist Church main- cut in NSF would be $1.2 billion in 2002, and offsetting GOP tax breaks, the table below tains more than 50 active ministries. would result in the elimination of more than shows the relative contribution of different One of Reverend Vann’s most noted 6,000 research and education grants in categories of spending to the spending cuts in last year’s budget resolution. achievements in recent years was the science and engineering to universities and purchase of a new home for his con- other research institutions. gregation. The new sanctuary was pur- Department of Energy. A 32 percent cut in DISTRIBUTION OF SPENDING CUTS IN REPUBLICAN the DOE would mean that civilian research- BUDGET: 1996 chased in 1993 and, after extensive ren- related activities performed at more than 20 [Dollars in billions] ovations, held its grand opening less Department of Energy’s labs located than one year later. throughout the country would be but by Last Year’s GOP Budget A religious and civic leader, Rev. Dr. more than $900 million. Edgar L. Vann, Jr. has been an integral HARMING OTHER DOMESTIC PRIORITIES Amount Percent part of the Detroit community for National Institutes of Health. A 32 percent Discretionary ...... ¥$233 34 many years and will continue to play cut in NIH in 2002 would mean a $4.5 billion Medicare ...... ¥158 24 ¥ an important role in the years ahead. I reduction in funds for medical research from Medicaid ...... 72 11 Other mandatory ...... ¥195 30 hope my colleagues will join me in con- a projected level of $14.6 billion. This would be $2.8 billion below the Fiscal Year 1997 ap- Total ...... ¥657 100 gratulating Reverend Vann on his 20 propriated level. The $4.5 billion cut is equiv- years as pastor of the Second alent to the entire budget of the National If Republicans chose to distribute the Ebeneezer Baptist Church, and in wish- Cancer Institute. additional cuts to these programs, in ing him well as he continues at the

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2756 CONGRESSIONAL RECORD — SENATE March 21, 1997 helm of this important Detroit institu- A leader in the insurance industry, ing to agent orange compensation, es- tion.∑ Ms. DeSemone served as president of tablishment of judicial review of vet- f the Rhode Island Life Underwriters As- erans claims, establishment of the U.S. sociation in 1992. She was president of Court of Veterans Appeals, and cre- TRIBUTE TO JOAN K. STEVENS the National Association of Insurance ation of programs relating to the read- ∑ Mr. ROBB. Mr. President, I rise Women of Rhode Island from 1988 to justment needs of Vietnam and post- today in order to commend and ac- 1990 and was named professional Vietnam veterans. knowledge Ms. Joan K. Stevens, who is woman of the year by this organization In addition to these special accom- retiring from the White House Military in 1994. Ms. DeSemone received the R. plishments, Bill worked hard to be- Office after more than 25 years of dedi- Kelly Sheridan Award in 1996, as the come the Senate’s foremost authority cated service to her country. Ms. Ste- outstanding life insurance professional on veterans health care matters. He vens has loyally assisted six Presidents of the year. In addition, Ms. DeSemone served as an invaluable resource to as a liaison to the military and has had received the Lloyd Saunders Award for members of the committee on the med- the kind of impact on peoples’ lives professional dedication to her clients ical needs of the diverse, 27 million- that demands respect and compels our and the industry, and served on numer- strong veterans population as well as sincerest appreciation. She has facili- ous committees, including the first on the legal, administrative, and struc- tated over 500,000 military inquiries Rhode Island Department of Business tural nuances of the hundreds of De- from the public and it is because of in- Regulation Continuing Education Ad- partment of Veterans Affairs’ hos- dividuals such as Ms. Stevens that a visory Board. pitals, outpatient clinics, nursing healthy communication endures be- Perhaps the greatest of Ms. homes, and domiciliaries. tween the Commander in Chief and our DeSemone’s contributions was her Bill is well known for his logical, an- troops out in the field. work in the fight against breast can- alytical, and deliberative mind. His pa- Ms. Stevens first began working in cer. Despite her own personal struggle tience and fairness are legendary, and the Special Counsel’s Office of the with the disease, Ms. DeSemone led the few have been as adept at working in White House in July of 1972 . She later way in encouraging research efforts to the heated, give-and-take atmosphere spent time in the First Lady’s Office in find a cure for breast cancer. Ms. of the legislative process. His adher- February of 1973. In November of 1974, DeSemone cofounded the Rhode Island ence to the very highest personal and however, Ms. Stevens found her calling Breast Cancer Coalition in 1993, an or- professional standards has been a cred- and the WHMO, in turn, discovered an ganization whose initiatives received it to the U.S. Senate. In short, Bill has invaluable and faithful staffer. She has national praise and were recognized by been the veteran’s veteran, that special been there ever since, working dili- President Clinton and the First Lady. individual whom Senators, professional gently to perpetuate the idea that the The coalition continues to benefit from staffers, administration officials, and men and women of our Armed Forces her efforts to raise consciousness about veterans advocates have trusted to are indeed important and have a dis- breast cancer. render an objective assessment on any cernible voice in our government that Mr. President, I ask my colleagues to particular veterans issue or to under- must be heard. join me in remembering Ms. Arlene take any worthy cause in behalf of Also noteworthy is the fact that Ms. DeSemone for her many contributions those who served. Stevens has, for more than two dec- to Rhode Island and selfless dedication Mr. President, I believe that I have a ades, been the single point of contact to helping others. Certainly, Ms. special insight into the qualities of this for the thousands of Presidential con- DeSemone embodied the strength and outstanding individual. In the days and dolence letters to the next-of-kin of ac- determination we all seek to find in months immediately following my ap- tive duty personnel who have trag- ourselves.∑ pointment to the U.S. Senate in 1990, ically died in military related acci- f Bill Brew was one of the experienced dents. Paying tribute to America’s fall- hands who helped indoctrinate me in en warriors is an obligation that begins RETIREMENT OF BILL BREW the complexities of veterans policy and with the leadership of this country. It ∑ Mr. AKAKA. Mr. President, I rise the doings of the Veterans’ Affairs is hard to imagine the responsibility today to note the impending retire- Committee. Since then, I and my staff and burden Ms. Stevens’ has ultimately ment of Mr. William E. Brew, who cur- have relied on him for advice on issues shouldered on behalf of a grateful na- rently serves as the minority general major and minor. Whatever success I tion. counsel of the Senate Veterans’ Affairs have had in the way of veterans legisla- In recognition of her efforts and de- Committee. As of April 4, his retire- tion is in great measure due to his as- votion, Ms. Stevens was recently ment date, Bill will have served 19 sistance. awarded the Secretary of Defense Pub- years and 1 day as a loyal and dedi- Indeed, no one worked longer or lic Service Medal. It is clear Ms. Joan cated staff member of the U.S. Senate. harder to improve the condition of Ha- Stevens will be missed dearly. Still, as A veteran of the Vietnam war, Bill waii’s 120,000 veterans than Bill Brew. a fellow Virginian, the State Ms. Ste- has held increasingly important posi- It was his experience and energy that vens has called home for over 26 years, tions of responsibility on the staff of fueled a series of committee investiga- I am truly honored to have the oppor- the Senate Veterans’ Affairs Com- tions revealing VA’s historical neglect tunity today to congratulate her on a mittee. Since he was hired by Senator of the Aloha State’s veterans. As a con- remarkable career and salute her com- Alan Cranston in 1978, Bill has served sequence of these inquiries, VA estab- mitment to the President, the Armed as associate counsel, associate general lished four new primary care clinics Forces of the United States, and most counsel, minority counsel, deputy gen- and readjustment counseling centers in importantly, to the American people. eral counsel, general counsel, and most Hawaii; tripled the size of the Honolulu Mr. President, I ask that you join me, recently, minority general counsel to outpatient clinic; began preparations our colleagues both here and in the the committee. to construct a VA medical center on White House, and the family and Through the many political change- Oahu; and, established a unique resi- friends of Ms. Joan K. Stevens, in ex- overs in the administration and Con- dential treatment center for Pacific- pressing our heartfelt gratitude to this gress in his nearly two decades on Cap- area veterans suffering from post-trau- exemplary public servant.∑ itol Hill, Bill provided institutional matic stress disorder. f continuity, serving as a source of reli- So, Mr. President, it is with great re- able information and wise advice on luctance that I extend Bill a fond fare- TRIBUTE TO MS. ARLENE legislation, policy, and procedure for well. I offer him my deep gratitude for DESEMONE Members of both parties. the service he has rendered me and ∑ Mr. REED. Mr. President, I pay trib- Bill was closely involved in devel- other members of this body over the ute to a proud member of the Rhode Is- oping all of the major veterans initia- last two decades. No one has worked land community, Ms. Arlene tives that were enacted by Congress harder to advance the public interest DeSemone, who, sadly, passed away on during this period. Among his major than this stellar public servant. I wish March 11, 1997. accomplishments are legislation relat- him well in all his future endeavors.∑

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MR7.REC S21MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 21, 1997 CONGRESSIONAL RECORD — SENATE S2757 RULES OF THE JOINT COMMITTEE (b) No person other than members of the staff under the direction of the Chairman. A ON PRINTING Committee, and such Congressional staff and list of proposed witnesses shall be submitted other representatives as they may authorize, to the members of the Committee for review ∑ Mr. WARNER. Mr. President, pursu- shall be present in any business session sufficiently in advance of the hearings to ant to paragraph 2 of rule XXVI of the which has been closed to the public. permit suggestions by the Committee mem- Standing Rules of the Senate, I submit RULE 6—ALTERNATING CHAIRMANSHIP AND VICE bers to receive appropriate consideration. the Joint Committee on Printing’s CHAIRMANSHIP BY CONGRESSES (b) The Chairman shall provide adequate Rules of Procedure, as unanimously (a) The chairmanship and vice chairman- time for questioning of witnesses by all adopted by the Joint Committee on ship of the Committee shall alternate be- members, including minority members, and March 13, 1997, to printed in the tween the House and the Senate by Con- the rule of germaneness shall be enforced in gresses. The senior member of the minority all hearings. RECORD. party in the House of Congress opposite of (c) Whenever a hearing is conducted by the The rules follow: that of the chairman shall be the ranking Committee upon any measure or matter, the JOINT COMMITTEE ON PRINTING minority member of the Committee. minority on the Committee shall be entitled, RULE 1—COMMITTEE RULES (b) In the event the House and Senate are upon unanimous request to the Chairman be- under different party control, the chairman fore the completion of such hearings, to call (a) The rules of the Senate and House inso- and vice chairman shall represent the major- witnesses selected by the minority to testify far as they are applicable, shall govern the ity party in their respective Houses. When with respect to the measure or matter dur- Committee. the chairman and vice chairman represent ing at least one day of hearing thereon. (b) The Committee’s rules shall be pub- different parties, the vice chairman shall RULE 11—CONFIDENTIAL INFORMATION lished in the CONGRESSIONAL RECORD as soon also fulfill the responsibilities of the ranking FURNISHED TO THE COMMITTEE as possible following the Committee’s orga- minority member as prescribed by these nizational meeting in each odd-numbered rules. The information contained in any books, year. papers or documents furnished to the Com- RULE 7—PARLIAMENTARY QUESTIONS (c) Where these rules require a vote of the mittee by any individual, partnership, cor- members of the Committee, polling of mem- Questions as to the order of business and poration or other legal entity shall, upon the bers either in writing or by telephone shall the procedures of the Committee shall in the request of the individual, partnership, cor- not be permitted to substitute for a vote first instance be decided by the chairman, poration or entity furnishing the same, be taken at a Committee meeting, unless the subject always to an appeal to the Com- maintained in strict confidence by the mem- mittee. ranking minority member assents to waiver bers and staff of the Committee, except that of this requirement. RULE 8—HEARINGS: PUBLIC ANNOUNCEMENTS any such information may be released out- (d) Proposals for amending Committee AND WITNESSES side of executive session of the Committee if rules shall be sent to all members at least (a) The chairman, in the case of hearings the release thereof is effected in a manner one week before final action is taken there- to be conducted by the Committee, shall which will not reveal the identity of such in- on, unless the amendment is made by unani- make public announcement of the date, dividual, partnership, corporation or entity mous consent. place and subject matter of any hearing to in connection with any pending hearing or as be conducted on any measure or matter at RULE 2—REGULAR COMMITTEE MEETINGS a part of a duly authorized report of the least one week before the commencement of Committee if such release is deemed essen- (a) The regular meeting date of the Com- that hearing unless the Committee deter- tial to the performance of the functions of mittee shall be the second Wednesday of mines that there is good cause to begin such the Committee and is in the public interest. every month when the House and Senate are hearing at an earlier date. In the latter in session. A regularly scheduled meeting event, the chairman shall make such public RULE 12—BROADCASTING OF COMMITTEE need not be held if there is no business to be announcement at the earliest possible date. HEARINGS considered and after appropriate notification The staff director of the Committee shall The rule for broadcasting of Committee is made to the ranking minority member. promptly notify the Daily Digest of the Con- hearings shall be the same as Rule XI, clause Additional meetings may be called by the gressional Record as soon as possible after 3, of the Rules of the House of Representa- chairman as he may deem necessary or at such public announcement is made. tives. the request of the majority of the members (b) So far as practicable, all witnesses ap- RULE 13—COMMITTEE REPORTS of the Committee. pearing before the Committee shall file ad- (a) No Committee report shall be made (b) If the chairman of the Committee is not vance written statements of their proposed public or transmitted to the Congress with- present at any meeting of the Committee, testimony at least 48 hours in advance of out the approval of a majority of the Com- the vice-chairman or ranking member of the their appearance and their oral testimony mittee except when Congress has adjourned; majority party on the Committee who is shall be limited to brief summaries. Limited Provided, that any member of the Com- present shall preside at the meeting. insertions or additional germane material will be received for the record, subject to the mittee may make a report supplementary to RULE 3—QUORUM approval of the chairman. or dissenting from the majority report. Such (a) Five members of the Committee shall supplementary or dissenting reports should RULE 9—OFFICIAL HEARING RECORD constitute a quorum which is required for be as brief as possible. the purpose of closing meetings, promul- (a) An accurate stenographic record shall (b) Factual reports by the Committee staff be kept of all Committee proceedings and ac- gating Committee orders or changing the may be printed for distribution to Com- tions. Brief supplemental materials when re- rules of the Committee. mittee members and the public only upon quired to clarify the transcript may be in- (b) Three members shall constitute a authorization of the chairman either with serted in the record subject to the approval quorum for purposes of taking testimony and the approval of a majority of the Committee of the chairman. receiving evidence. (b) Each member of the Committee shall be or with the consent of the ranking minority RULE 4—PROXIES provided with a copy of the hearings tran- member. (a) Written or telegraphic proxies of Com- script for the purpose of correcting errors of RULE 14—CONFIDENTIALITY OF COMMITTEE mittee members will be received and re- transcription and grammar, and clarifying REPORTS corded on any vote taken by the Committee, questions or remarks. If any other person is No summary of a Committee report, pre- except at the organization meeting at the be- authorized by a Committee member to make diction of the contents of a report, or state- ginning of each Congress or for the purpose his corrections, the staff director shall be so ment of conclusions concerning any inves- of creating a quorum. notified. tigation shall be made by a member of the (b) Proxies will be allowed on any such (c) Members who have received unanimous Committee or by any staff member of the votes for the purpose of recording a mem- consent to submit written questions to wit- Committee prior to the issuance of a report ber’s position on a question only when the nesses shall be allowed two days within of the Committee. which to submit these to the staff director absentee Committee member has been in- for transmission to the witnesses. The record RULE 15—COMMITTEE STAFF formed of the question and has affirmatively may be held open for a period not to exceed (a) The Committee shall have a profes- requested that he be recorded. two weeks awaiting the responses by wit- sional and clerical staff under the super- RULE 5—OPEN AND CLOSED MEETINGS nesses. vision of a staff director. Staff operating pro- (a) Each meeting for the transaction of (d) A witness may obtain a transcript copy cedures shall be determined by the staff di- business of the Committee shall be open to of his testimony given at a public session or, rector, with the approval of the chairman of the public except when the Committee, in if given at an executive session, when au- the Committee, and after notification to the open session and with a quorum present, de- thorized by the Committee. Testimony re- ranking minority member with respect to termines by roll call vote that all or part of ceived in closed hearings shall not be re- basic revisions of existing procedures. The the remainder of the meeting on that day leased or included in any report without the staff director, under the general supervision shall be closed to the public. No such vote approval of the Committee. of the chairman, is authorized to deal di- shall be required to close a meeting that re- RULE 10—WITNESSES FOR COMMITTEE HEARINGS rectly with agencies of the Government and lates solely to internal budget or personnel (a) Selection of witnesses for Committee with non-Government groups and individuals matters. hearings shall be made by the Committee on behalf of the Committee.

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(b) The chairman and vice chairman, on be- DEPARTMENT OF STATE ROBERT F. DARAGAN, 0000 JAMES R. DAVIES, 0000 half of their respective bodies of Congress, STUART E. EIZENSTAT, OF MARYLAND, TO BE AN JAMES A. DI GIOVANNA, 0000 shall be entitled to designate two senior staff UNDER SECRETARY OF STATE, VICE JOAN E. SPERO, RE- DAVID R. HAM, 0000 members each. During any Congress in which SIGNED. MARCUS R. HINES, 0000 ARLYN R. IRION, 0000 both Houses are under the control of the DEPARTMENT OF TRANSPORTATION ROBERT L. JACKSON, 0000 same party, the ranking minority member, KENNETH M. MEAD, OF VIRGINIA, TO BE INSPECTOR RONALD D. JOHNSON, 0000 on behalf of his party, shall be entitled to GENERAL, DEPARTMENT OF TRANSPORTATION, VICE WARREN L. JOHNSON, JR., 0000 CHARLES T. KNOWLES, 0000 MARY STERLING, RESIGNED. designate two senior staff members. JAMES J. PARENTE, 0000 (c) All other staff members shall be se- DEPARTMENT OF STATE ORLAN L. PETERSON, JR., 0000 lected on the basis of their training, experi- LAWRENCE W. PRIEBE, 0000 THOMAS R. PICKERING, OF NEW JERSEY, TO BE AN TERRY L. ROBINSON, 0000 ence and attainments, without regard to UNDER SECRETARY OF STATE, VICE PETER TARNOFF, THOMAS R. SPIVEY, 0000 race, religion, sex, color, age, national origin RESIGNED. ANDRE J. TROTTIER, 0000 or political affiliations, and shall serve all THE JUDICIARY WILLIAM L. WITHAM, JR., 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT members of the Committee in an objective, ANABELLE RODRIGUEZ, OF PUERTO RICO, TO BE U.S. TO THE GRADE INDICATED IN THE U.S. ARMY AND FOR DISTRICT JUDGE FOR THE DISTRICT OF PUERTO RICO, non-partisan manner. REGULAR APPOINTMENT (IDENTIFIED BY AN ASTERISK VICE RAYMOND L. ACOSTA, RETIRED. (*)) UNDER TITLE 10, UNITED STATES CODE, SECTIONS 624, RULE 16—COMMITTEE CHAIRMAN MICHAEL D. SCHATTMAN, OF TEXAS, TO BE U.S. DIS- 628, 531, AND 1552: The chairman of the Committee may es- TRICT JUDGE FOR THE NORTHERN DISTRICT OF TEXAS, VICE HAROLD BAREFOOT SANDERS, JR., RETIRED. To be major tablish such other procedures and take such HILDA G. TAGLE, OF TEXAS, TO BE U.S. DISTRICT actions as may be necessary to carry out the JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS, VICE A *PHUONG T. PIERSON, 0000 foregoing rules or to facilitate the effective NEW POSITION CREATED BY PUBLIC LAW 101–650, AP- THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT PROVED DECEMBER 1, 1990. TO THE GRADES INDICATED IN THE U.S. AIR FORCE AND operation of the Committee. Specifically, FOR REGULAR APPOINTMENT (IDENTIFIED BY AN AS- IN THE COAST GUARD the chairman is authorized, during the in- TERISK (*)) UNDER TITLE 10, UNITED STATES CODE, SEC- terim periods between meetings of the Com- VICE ADM. ROGER T. RUFE, U.S. COAST GUARD, TO BE TIONS 624 AND 531: mittee, to act on all requests submitted by COMMANDER, ATLANTIC AREA, U.S. COAST GUARD, WITH To be colonel THE GRADE OF VICE ADMIRAL WHILE SO SERVING. any executive department, independent REAR ADM. JAMES C. CARD, U.S. COAST GUARD, TO BE MARILYN S. ABUGHUSSON, 0000 agency, temporary or permanent commis- COMMANDER, PACIFIC AREA, U.S. COAST GUARD, WITH HELEN M. ALVERSON, 0000 sions and committees of the Federal Govern- THE GRADE OF VICE ADMIRAL WHILE SO SERVING. JILL V. BAKER, 0000 KATHLEEN M. BARR, 0000 ment, the Government Printing Office and IN THE ARMY MARGARET A. BROWN, 0000 any other Federal entity, pursuant to the re- THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT PATRICIA A. BUCK, 0000 quirements of applicable Federal law and IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- ANNETTE J. COCKBURN, 0000 JANICE C. COLLINGS, 0000 regulations.∑ SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION QUANNETTA T. EDWARDS, 0000 601: LINDA N. FOOTE, 0000 f COLLEEN L. GUTIERREZ, 0000 To be lieutenant general JACQUELINE D. HALE, 0000 MEASURE PLACED ON FARLEY J. HOWELL, 0000 MAJ. GEN. CLAUDIA J. KENNEDY, 0000 CALENDAR—H.R. 1122 GWENDA A. MCCLURE, 0000 IN THE NAVY MARY E. MORAN, 0000 Mr. LOTT. Mr. President, I under- ERIC C. MURDOCK, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT ALAN G. PYSHER, 0000 stand that there is a bill that is due for AS JUDGE ADVOCATE GENERAL OF THE U.S. NAVY AND PAMELA J. REIDY, 0000 its second reading this morning. FOR APPOINTMENT TO THE GRADE INDICATED UNDER LLOYD A. REINKE, 0000 The PRESIDENT pro tempore. The TITLE 10, UNITED STATES CODE, SECTION 5148: SHIRLEY A. ROGERS, 0000 To be rear admiral MARGARET J. WILLIAMS, 0000 clerk will report. SARAH E. WREN, 0000 The legislative clerk read as follows: CAPT. JOHN D. HUTSON, 0000 SARAH A. WRIGHT, 0000 A bill (H.R. 1122) to amend title 18, United THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT To be lieutenant colonel States Code, to ban partial-birth abortions. IN THE U.S. NAVY TO THE GRADE INDICATED UNDER RICHARD L. ABNEY, JR., 0000 TITLE 10, UNITED STATES CODE, SECTION 624: JOHN C. ADKINS, 0000 Mr. LOTT. Mr. President, I object to To be rear admiral JOYCE A. ADKINS, 0000 MATT ADKINS, JR., 0000 further proceedings on this matter at REAR ADM. (1H) JOAN M. ENGEL, 0000 MARK L. ALLEN, 0000 this time. REAR ADM. (1H) JERRY K. JOHNSON, 0000 DOUGLAS E. ANDERSON, 0000 The PRESIDENT pro tempore. The HENDRIK J. ANTONISSE, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT DOUGLAS A. APSEY, 0000 bill will go to the calendar. IN THE RESERVE OF THE NAVY TO THE GRADE INDI- MARY S. ARMOUR, 0000 CATED UNDER TITLE 10, UNITED STATES CODE, SECTION RICHARD A. ASHWORTH, 0000 f 12203: PAUL N. AUSTIN, 0000 To be rear admiral JEFFREY M. BATEMAN, 0000 ADJOURNMENT UNTIL MONDAY, LEONOR P. BEAM, 0000 APRIL 7, 1997 REAR ADM. (1H) THOMAS J. HILL, 0000 STEVEN D. BENTLEY, 0000 REAR ADM. (1H) DOUGLAS L. JOHNSON, 0000 GARY M. BLAMIRE, 0000 Mr. LOTT. Under the order from last REAR ADM. (1H) JAN H. NYBOER, 0000 PAULETTA D. BLUEITT, 0000 REAR ADM. (1H) PAUL V. QUINN, 0000 RANDY B. BORG, 0000 night, the Senate convened today be- ROGER E. BOUSUM, 0000 IN THE AIR FORCE cause the House has not yet passed the SUSAN BROWN, 0000 THE FOLLOWING-NAMED OFFICERS FOR REGULAR AP- ANNE S. BUTCHER, 0000 adjournment resolution. They are in POINTMENT IN THE U.S. AIR FORCE UNDER TITLE 10, MIRIAM L. CAHILLYEATON, 0000 session now and in fact have been hav- UNITED STATES CODE, SECTION 531: MARIEJOCELYNE CHARLES, 0000 AWILDA CIURO, 0000 ing a vote just in the last few minutes. To be colonel KIT R. CLARK, 0000 ALAN R. CONSTANTIAN, 0000 So I expect that they will complete CHRISTOPHER R. KLEINSMITH, 0000 GARY B. COPLEY, 0000 DAVID G. SCHALL, 0000 work before too long this afternoon. I PATRICIA D. CORBIN, 0000 THOMAS E. SCOTT, 0000 VALERIE P. COUNSMAN, 0000 understand that in fact the House will TAKUO SONODA, 0000 CATHERINE M. DALBERTIS, 0000 pass Senate Concurrent Resolution 14 To be lieutenant colonel LYNNETTE D. DAVIS, 0000 at approximately 1:30 or 2 p.m. today. SCOTT M. DAWSON, 0000 RICHARD E. BACHMANN, JR., 0000 KERRY M. DEXTER, 0000 I now ask unanimous consent that RICHARD E. KARULF, 0000 DANIEL P. DICKINSON, 0000 the Senate stand in adjournment until JOHN C. LEIST, III, 0000 *ALAN L. DOERMAN, 0000 CARL M. LINDQUIST, 0000 MANUEL A. DOMENECH, 0000 the hour of 12 noon on Monday, March MARK F. MATHEWS, 0000 DAVID L. DOTY, 0000 24, unless the House adopts the ad- JEFFREY L. MIKUTIS, 0000 STEPHEN DRINAN, 0000 LILLIAN E. PEREZ, 0000 MARK D. DUBAZ, 0000 journment resolution, in which case STEPHEN G. WALLER, 0000 ROCHELLE M. DUCHARME, 0000 the Senate will then automatically To be major SANDRA J. EVANS, 0000 MICHAEL P. FITCH, 0000 stand in adjournment under the provi- STEVEN L. BARTEL, 0000 STEVEN H. FLOWERS, 0000 sions of Senate Concurrent Resolution ANN E. FARASH, 0000 DELORES G. FORREST, 0000 KYLE C. NUNLEY, 0000 KENNETH L. FRANKLIN, 0000 14 until the hour of 12 noon on Monday, SYLVIA C. FRIEDMAN, 0000 April 7. To be captain WILLIAM J. GAYNOR, 0000 STEVEN L. KLYN, 0000 YOLANDA A. GEDDIE, 0000 There being no objection, the Senate, CAROLYN K. GOOCH, 0000 at 12:02 p.m., adjourned until Monday IN THE ARMY ROBERTA L. GOTT, 0000 MARJORIE A. GRAZIANO, 0000 April 7, 1997, at 12 noon. THE FOLLOWING-NAMED ARMY NATIONAL GUARD OF DENNIS R. HADEEN, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO f ROBERT U. HAMILTON, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY BRUCE D. HANNAN, 0000 UNDER TITLE 10 UNITED STATES CODE, SECTIONS 12203 DAWN M. HARL, 0000 NOMINATIONS AND 12211: ALICE J. HARVEY, 0000 Executive nominations received by To be colonel PAMELA A. HATCH, 0000 HOWARD T. HAYES, 0000 the Senate March 21, 1997: HARRY L. BRYAN, JR., 0000 DEBORAH H. HEAD, 0000

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BARBARA J. HEILLER, 0000 KATHI O. BECKMAN, 0000 STACY A. KELLY, 0000 CAROL F. HOFFMAN, 0000 JOHN M. BEERY, 0000 STEPHEN D. KETTE, 0000 LELA M. HOLDEN, 0000 MICKEY C. BELLEMIN, 0000 *RONALD M. KICHURA, 0000 MICHAEL P. HOLWAY, 0000 PETER BENNIE, JR., 0000 GREGORY F. KING, 0000 PHILIP L. HOPPER, 0000 RANDALL E. BLAKE, 0000 WITT LISA KLIEBERT, 0000 MICHAEL J. HUGHES, 0000 CHARLES H. BLAKESLEE, JR., 0000 *THERESA D. KLOSE, 0000 MICHAEL W. HUTTON, 0000 LINDA L. BONNEL, 0000 SANDRA A. KNUTSON, 0000 DIANNE R. INUNGARAY, 0000 MONROE A. BRADLEY, 0000 MARK A. KOPPEN, 0000 KENNETH C. JACOBS, 0000 SCOTT W. BROOKS, 0000 LINEHAN KRISTINE M. KRUMINS, 0000 BARBARA J. JOHNSTON, 0000 KEVIN D. BROUSSARD, 0000 RONALD L. LAHTI, 0000 CYNTHIA R. JONES, 0000 CYNTHIA E. BROWN, 0000 PETER T. LAPUMA, 0000 CRAIG E. JORDAN, 0000 STANLEY D. BRUNTZ, 0000 CYNTHIA L. LEEZIEGLER, 0000 DENNIS W. JORDAN, 0000 RUSSELL L. BYRD, 0000 VERNON T. LEW, 0000 *STEVEN J. BYRNES, 0000 RANI A. KOKATNUR, 0000 *JAMES C. LINN, 0000 JOSEPH D. CALLISTER, 0000 DONNA M. LAKE, 0000 JOHN M. LOPARDI, 0000 SHELLEY D. CAMERON, 0000 KATHLEEN K. LARKIN, 0000 LINDA S. MACCONNELL, 0000 *IDA E. CAMPBELL, 0000 LAWRA A. LEE, 0000 CAROLYN M. MACOLA, 0000 ROBERT C. LENAHAN, 0000 DAVID T. CAREY, 0000 CHARLES R. CARLTON, JR., 0000 BAILEY H. MAPP, 0000 SHARON R. LEYLAND, 0000 KIMBERLY J. MARKLAND, 0000 CYNTHIA R. LIGHTNER, 0000 WILLIAM L. CARNES, JR., 0000 *VALERIE E. MARTINDALE, 0000 SAMUEL J.P. LIVINGSTONE, 0000 RANDALL A. CARPENTER, 0000 MICHAEL L. MATTESON, 0000 ELIZABETH A. LOIKA, 0000 BRIDGET K. CARR, 0000 ANTOINETTE C. MATTOCH, 0000 ELLEN K. LOSCHROWE, 0000 JOSEPH M. CARRAHER, JR., 0000 THOMAS D. MC CORMICK, 0000 REBECCA A. MATTA, 0000 MICHAEL L. CARTER, 0000 FRANKIE D. MC DANIEL, 0000 KIRK C. MAYNARD, 0000 MICHAEL W. CASEY, 0000 *MARGARET MEADOWS, 0000 MARGARET J. MCARTHUR, 0000 LINNES L. CHESTER, JR., 0000 SUSAN E. MERRICK, 0000 GAIL MCCAIN, 0000 JOHN L. CHITWOOD, 0000 *JOY M. MILLER, 0000 THOMAS G. MCCAULEY, 0000 *CRAIG J. CHRISTENSON, 0000 DAVID G. MISTRETTA, 0000 CHARLES S. MCDONALD, 0000 MICHAEL E. CHULICK, 0000 *EUGENE S. MONTANO, 0000 BRENDA J. MCELENEY, 0000 JEFFREY A. CIGRANG, 0000 TIMOTHY R. MCGEE, 0000 JOHN H. COLEMAN, III, 0000 ROBIN S. MORRIS, 0000 RANDALL S. COLLINS, 0000 PAUL D. MCGOUGH, 0000 ALLEN R. NAUGLE, 0000 *TERRANCE K. COLLISON, 0000 JAMES F. MEYERS II, 0000 LESLIE K. NES, 0000 TAMMY J. COOK, 0000 DAVID J. MIETZNER, 0000 GHITIANA M. OATIS, 0000 PETER K. COUTURE, 0000 *MICHAEL W. MILLER, 0000 MARCOS OTERO, 0000 DEBORAH A. CRENSHAW, 0000 *BRIAN D. MORR, 0000 FRANK W. PALMISANO, 0000 RALPH K. CROW, 0000 KAY M. MURPHY, 0000 CHERYL S. PARIDEE, 0000 JOHN M. DATENA, 0000 ELAINE B. MYERS, 0000 RAYMOND J. PARIS, 0000 *BARBARA E. DAVIS, 0000 MARLON K. NAILLING, 0000 CRAIG A. PASCOE, 0000 CHARLOTTE Y. DAVIS, 0000 ANDREA R. NEUERBURG, 0000 JOHN M. PATELLA, 0000 THOMAS P. DEVENOGE, 0000 LESLIE L. PAULEY, 0000 MICHAEL K. O’CONNOR, 0000 *TRACY G. DILLINGER, 0000 ANTHONY F. OKOREN, JR., 0000 BRUCE D. PETERS, 0000 LESLIE L. DIXON, 0000 RICHARD M. PETERSON, 0000 THOMAS M. OLIVE, 0000 JUDY A. DOWELL, 0000 RICHARD A. PHINNEY, 0000 KATHERINE M. O’ROURKE, 0000 JAMES S. DUNNE, 0000 KEVIN F. PILLOUD, 0000 *KELLY J. ORR, 0000 JACALYN K. EAGAN, 0000 *GARY L. POLAND, 0000 GREGORY L. PARISH, 0000 *RICHARD G. EDDINGTON, 0000 *MICHAEL R. POWELL, 0000 RONALD H. PEARSON, 0000 MARK A. ELLIS, 0000 KEVIN S. PURVIS, 0000 VIVIAN PEREZ, 0000 ELLEN C. ENGLAND, 0000 STEPHEN E. PRIZER, 0000 NANCY K. FAGAN, 0000 JANE L. QUITTMEYER, 0000 TODD M. RANDALL, 0000 STEPHEN D. FAIRCHILD, 0000 JENNY H. RAINWATER, 0000 CAROL L. RANDELL, 0000 DAVID M. FARRELL, 0000 SARA M. RAMIREZ, 0000 SUSAN M. REYNOLDS, 0000 DENNIS W. FAY, 0000 KATHERINE S. REARDEN, 0000 ALLAN L. RHOADS, 0000 DENISE Y. FISHER, 0000 DANIEL E. REISER, 0000 THOMAS M. RICE, 0000 JERRI L. FLETCHER, 0000 MELVIN F. RICHARDS, 0000 *RUSSELL S. ROGERS, 0000 DANIEL G. FLYNN, 0000 MELANIE F. RICHARDSON, 0000 JANICE B. RYCKELEY, 0000 JOHN L. FLYNN, 0000 BRIAN L. RIGGS, 0000 DONALD W. SAMPSON, 0000 *KAREN L. FOUST, 0000 RONALD T. RIPPETOE, 0000 VENITA I. SAMPSON, 0000 STEPHEN J. FRIEDRICH, 0000 PAUL R. RIVEST, 0000 SEAN P. SCULLY, 0000 RICARDO GARCIA III, 0000 WILLIAM P. ROACH, 0000 DANNY G. SEANGER, 0000 GALEN G. GEARHEART, 0000 BETTY L. ROBERTS, 0000 KATHY E. SEARS, 0000 MARGARET A. GERNER, 0000 DUSTIN K. ROBERTS, 0000 TRACY A. SHUE, 0000 KARIN R. GETSCHOW, 0000 DAWN L. ROCKETT, 0000 WILLIAM C. SIMON, 0000 JOSEPH L. GIGLIO, 0000 ALEXANDER ROMEYN, 0000 PAMELA L. SMITH, 0000 LYNANNE GILMER, 0000 LAURA J. ROSAMOND, 0000 SARA A. SMITH, 0000 KEVIN W. GLASZ, 0000 VICTOR J. ROSENBAUM, 0000 GEORGE R. SNYDER, JR., 0000 ANDREW M. GLAVES, 0000 *BENJAMIN A. RUBIO, 0000 NORMAN B. SPECTOR, 0000 DONOVAN Q. GONZALES, 0000 KENNETH R. RUSSELL, JR., 0000 TERESA P. TAYLOR, 0000 WILLIAM J. GOODEN, 0000 REBECCA L. SALASGROVES, 0000 TONI M. TUCKER, 0000 MARY K. GRAVES, 0000 CONRADO C. SAMPANG, 0000 JODI A. TULLMAN, 0000 DENISE T. GREEN, 0000 SCOTT E. SANZOTTA, 0000 WANDA VELEZBUSTOS, 0000 JOHN R. GREEN, 0000 LEONARD W. SCHUBRING, 0000 JOHN J. VINACCO, JR., 0000 JOHN C. GRIFFITH, 0000 REBECCA B. SCHULTZ, 0000 CHRISTINE WAGENERHULME, 0000 KEITH M. GROTH, 0000 ERIC A. SHALITA, 0000 VIRGINIA L. WERESZYNSKI, 0000 BETSAIDA H. GUZMAN, 0000 SCOTT M. SHIELDS, 0000 MARGARET A. WESBECHER, 0000 THOMAS S. HAINES, JR., 0000 JANIS A. SILVERI, 0000 JOHN M. WEST, 0000 SAMUEL D. HALL III, 0000 * GARY R. SMALL, 0000 MARY Z. WHITFIELD, 0000 MICKRA K. HAMILTON, 0000 MARK E. SMALLWOOD, 0000 DONNIE R. WIDEMAN, 0000 JAMES T. HARCARIK, 0000 DETLEV H. SMALTZ, 0000 STEVEN E. WILLIAMS, 0000 MARYANNE H. HAVARD, 0000 JEANNE K. SMITH, 0000 STEVEN A. WILSON, 0000 MARGARET C. HAWKINS, 0000 LISA SMITH, 0000 SANDRA J. WITTHAUER, 0000 ALVIS W. HEADEN III, 0000 ROGER G. SPONDIKE, 0000 CHARLES K. WOLAK, 0000 ANNE P. HEINLY, 0000 BRIAN K. STANTON, 0000 JENNIFER S. WOODRUFF, 0000 SANDRA J. HESTER, 0000 *JAMES C. STIGERS, 0000 LINDA C. WRIGHT, 0000 ANETTE HIKIDA, 0000 RICKY A. STOCKTON, 0000 SHARON B. WRIGHT, 0000 STEVEN R. HINTEN, 0000 HELEN ANN STRACK, 0000 KEVIN E. ZIMMER, 0000 WILLIAM V. HOAK, 0000 ROGER D. STULL, 0000 DON R. ZISS, 0000 VALERIA S. HUDSPATH, 0000 CHARLES F. SURMAN, 0000 To be major MARIA D. IONESCU, 0000 THOMAS L. TEAGLE, JR., 0000 HARRY B. JEFFRIES, JR., 0000 MARK S. WHITE, 0000 RONALD A. ASCHER, JR., 0000 JOHN E. JEMISON, 0000 ANDREW P. WIDGER, 0000 *MICHAEL BAHLATZIS, 0000 HAROLD T. JOHNSON, 0000 ROBERT W. WISHTISCHIN, 0000 JOSEPH J. BALAS, 0000 JOHN J. JOHNSON, 0000 WILLIAM D. WOODCOX, 0000 *DEBRA A. BANKS, 0000 MONNIE J. JOHNSON, 0000 RICKY D. YOUNG, 0000 CLARK F. BEAN, 0000 REGINA M. JULIAN, 0000 JON W. YOW, 0000 MARILYN A. BEATTY, 0000 EMERY L. KELLY, 0000 JESUS E. ZARATE, 0000

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NATIONAL INSTITUTE FOR worthy of them if we succeed in resembling cent of all intercity travel in the United States. ELECTROMEDICAL EDUCATION you . . . it is for you, citizens of America, to Automobiles account for the bulk of intercity CELEBRATES 13TH ANNIVER- crown this glory. travel, about 80 percent. Another 17 percent SARY Greek intellectuals translated our Declara- of travel between cities is on commercial or tion of Independence and adopted it as their private aircraft. Even intercity buses provide HON. GARY L. ACKERMAN own. And many Americans sailed to Greece to more serviceÐand have quadruple the rider- join in the Greek fight for independence. OF NEW YORK shipÐthan Amtrak. However, in reality, it is we, the American How much assistance has the Federal Gov- IN THE HOUSE OF REPRESENTATIVES people, who are indebted to Greece for their ernment provided to Amtrak for its 1 percent Thursday, March 20, 1997 great contributions to American democracy. market share? Since 1971 and through fiscal Mr. ACKERMAN. Mr. Speaker, I rise today Thomas Jefferson acknowledged this when year 1997, the Federal Government has pro- to join with my constituents of the Fifth Con- he stated: vided over $19 billion for Amtrak operating gressional District in extending a most wel- To the ancient Greeks . . . we are all in- and capital expenses. That's $19 billion to come congratulations to the members of the debted for the light which led ourselves help this fledgling corporation take over inter- National Institute for Electromedical Education [American colonists] out of gothic darkness. city passenger rail service from the freight rail- [NIEE] in celebrating its 13th anniversary. American democracy was born in Greece. roads and provide less than 1 percent of all Founded in 1984, by Stanley H. Kornhauser, Two thousand years ago, Pericles declared: intercity travel. What have we gotten for our Ph.D., the NIEE has diligently serviced the Our Constitution is called a democracy be- money? Far too little, I'm afraid. Borough of Queens as an advocate and edu- cause power is in the hands not of a minority Despite this massive infusion of Federal dol- cator of electromedicine and has been most but of the whole people. When it is a ques- lars, Amtrak route miles have increased a effective as a medium for the exchange of in- tion of settling private disputes, everyone is mere 1,000 miles since 1971. Moreover, Am- formation on advances in new diagnostic and equal before the law . . . And when it is a trak has had an operating loss each and every question of putting one person before an- year since it began in 1971, before paying to therapeutic devices in all areas of medicine. other in positions of public responsibility, Since its founding, the NIEE has been an buy or maintain equipment. None, not a single what counts is not a membership of a par- one, of Amtrak's routes are profitable when active source of informational distribution to ticular class, but the actual ability an indi- the field of medicine and has emerged as a vidual possesses. equipment costs are included. And the outlook major facilitator in establishing training and for the future is equally bleak. It was to preserve our mutual way of life The fiscal year 1996 budget resolution ap- seminar programs in electromedical education. that Greece stood shoulder to shoulder with proved by Congress assumes a phaseout of Its impact has been guided and nurtured by the United States in every major international Amtrak operating assistance by the year 2002. the organization's advisory board. The board's conflict in the 20th century. However, Amtrak is ill-prepared to operate strong interdisciplinary members have distin- We owe so much to Helenic civilization, to without Federal assistance. In fact, according guished themselves in diverse fields of medi- the people of Greece and to the Greek Amer- to the General Accounting Office, Amtrak cal and scientific research significantly impact- ican community for their contributions to vir- needs increased operating assistanceÐabove ing on the field of health care. tually all aspects of American life. current levelsÐrather than decreased funding. Therefore, Mr. Speaker, I ask my colleagues In a broad sense, as the English poet Percy In addition, $4 billion is needed to replace to rise in recognizing the National Institute of Bysshe Shelley put it: worn out equipment. On top of the needed op- Electromedical Education, its founder, Stanley We are all Greeks! Our laws, our literature, erating assistance, on top of the needed H. Kornhauser, Ph.D., its advisory board and our religion, our art, have their roots in equipment assistance, Federal dollars will be membership as leaders in enhancing the level Greece. needed to repair deteriorating track and signal of understanding and knowledge regarding To the people of Greece and to the Greek equipment along the Northeast corridor. electromedical education, electromedical tech- American Community, I extend heartiest con- As I mentioned previously, none of Amtrak's nology development, and the effective use of gratulations on the national birthday of this routes are profitable, when equipment costs electromedical technology throughout our Na- great nation. are included. Amtrak's Northeast corridorÐthe tion. f 450 mile route between Boston and Washing- f ton, DCÐwhich accounts for about half of the PUTTING AMTRAK BACK ON 20 million intercity trips, covers only about 65 ON THE OCCASION OF THE TRACK NATIONAL DAY OF GREECE percent of its operating and equipment costs. Other routes cover much less, on average, SPEECH OF HON. FRANK R. WOLF just about 50 percent of the operating and OF VIRGINIA equipment costs. HON. MICHAEL R. McNULTY IN THE HOUSE OF REPRESENTATIVES In 1994, the GAO set off alarm bells about OF NEW YORK Amtrak's future. In its testimony to Congress, Thursday, March 20, 1997 IN THE HOUSE OF REPRESENTATIVES GAO warned that Amtrak's financial condition Tuesday, March 18, 1997 Mr. WOLF. Mr. Speaker, in 1971, the Na- had deteriorated so significantly, that its pro- tional Railroad Passenger CorporationÐAm- jected future costs made recovery difficult. Mr. MCNULTY. Mr. Speaker, in the 1820's, trakÐbegan operations, taking over intercity Since then, GAO has continued to warn of when the Greeks fought for their independ- passenger rail service from freight railroads. Amtrak's precarious financial position. Despite enceÐafter 400 years of domination by the The freight railroads were eager to get out of these dire predictions, over the past 2 years, Ottoman EmpireÐthey were inspired by the the passenger rail service which had been un- Congress and the administration have indi- American Revolution. profitable for many years. So eager in fact, cated that if Amtrak is going to survive, it can- In an 1821 appeal to the American people, that these freight railroads even donated not be dependent upon Federal operating sub- a Greek CommanderÐPetros equipment and provided financial assistance sidies beyond the turn of the century. MavromichalisÐdeclared: to help launch Amtrak. The Federal Govern- How can we reconcile Amtrak's enormous Having formed the resolution to live or die ment agreed to assist Amtrak in starting inter- Federal assistance needs with the congres- for freedom, we are drawn toward you by a city passenger rail service and provide finan- sional mandate to eliminate its operating sub- just sympathy since it is in your land that liberty has fixed her abode, and by you that cial help. sidies? How do we respond to the growing de- she is prized as by our fathers. Hence, honor- Amtrak currently provides almost 20 million mands for capital assistance in the face of ing her name, we invoke yours at the same intercity rail passenger trips per year in 45 budgetary constraints. time, trusting that in imitating you, we States. While this sounds like an impressive Quite honestly, I don't know. Amtrak re- shall imitate our ancestors and be thought number, these trips constitute less than 1 per- mains heavily dependent on Federal support

∑ 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. E546 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 for both its operating and capital needs. Am- derstand that none of the States has taken ac- amount is roughly equal to what Amtrak would trak developed a strategic business plan in tion to continue these routes. Since I became collect under the half cent proposal. 1995 designed to increase revenues, control chairman of the Transportation Appropriations What does all this mean? It appears that the costs, and eliminate its need for Federal oper- Subcommittee 2 years ago, Amtrak has cut half cent proposal is really a proposal ad- ating subsidies by the year 2002. This plan routes four times. It appears that this trend dressing where Amtrak's money comes from has been revised several times, each time to may continue. rather than a proposal to wean Amtrak off reflect updated realities of its inability to raise Furthermore, for Amtrak to become a com- Federal subsidies. additional revenues and/or control costs. Ac- petitive railroad, it must complete upgrading So, what do we do? Our approach to Am- cording to GAO, in fiscal year 1996, Amtrak's and installation of high speed rail service trak is somewhat like applying a band-aid net loss was $764 million, and the gap be- along the Northeast corridor. After a 2-year when surgery is required. The band-aid may tween its operating deficit and Federal operat- delay on this program, Amtrak awarded a high provide a temporary fix, but the fixÐno matter ing support was $82 million. Clearly, Amtrak is speed rail contract and a new electrification how many band-aids are usedÐnever ad- ill-prepared to operate without massive help. contract in 1996. Once the corridor begins dresses the underlying problem. Amtrak needs There is another important point to make. providing high speed rail service from Wash- more than an annual financial band-aid. It is Amtrak has borrowed heavily since 1993. ington, DC to Boston, Amtrak estimates that it crying out for critical attention. From fiscal year 1993 to fiscal year 1996, Am- will receive an additional $150 million in reve- Where do we go? trak's debt and capital lease obligations rose nue per year. However, to electrify the corridor Are we committed to Amtrak? from $527 million to $987 millionÐnearly dou- and modernize its fleet, Amtrak plans to invest If so, we must address Amtrak's needs in a bling in a 3 year period. Not only that, this $5.5 billion by the year 2001Ð$3.2 billion of comprehensive way in an effort to secure its debt does not include an additional $1 billion which is expected to come from Federal cap- financial footing and future viability. Amtrak is Amtrak expects to incur beginning in 1999 to ital grants. in a fragile state and cannot be expected to finance high-speed train sets and maintenance I believe this expectation is far-fetched. In a survive a piecemeal approach to addressing facilities for the Northeast corridor and the ac- time of declining Federal resources, it is sim- its problems and needs. quisition of new locomotives. ply unrealistic to assume that the Federal But Congress and the American taxpayers How has Amtrak been paying off its enor- Government will be able to provide $751 mil- can no longer be asked to throw good money mous debt obligations? By using Federal oper- lion per year in capital grants to Amtrak, when after bad. Instead, if we are committed to Am- ating support. Over the last 4 years, GAO esti- the most recent annual appropriations have trak, we must be prepared to do what is nec- mates that Amtrak's interest expenses have been under $400 millionÐ$345 million in fiscal essary. tripledÐfrom a fiscal year 1993 level of $20.6 year 1996 and $398.45 million in fiscal year I want Amtrak to survive. I believe America million to fiscal year 1996 level of $60.2 mil- 1997. needs a national railroad passenger system as lion. In fiscal year 1993, 6 percent of Amtrak's What else can Amtrak do to improve its fi- a vital part of a balanced transportation net- operating assistance was used to make inter- nancial picture? Can it reduce its operating ex- work for our nation. But we cannot continue est payments on its debts but by fiscal year penses by renegotiating labor agreements? the status quo with Amtrak. We must work to 1996, that percentage rose to an astounding Not so far. Amtrak recently renegotiated these put Amtrak on sound financial footing and 21 percent. Slightly less than a quarter of all agreements, but rather than getting some con- make it a viable mass transportation alter- of Amtrak's operating assistance is now going cessions from labor that would enable it to im- native for years to come. to pay for interest on its debt rather than cov- prove its financial position, Amtrak's labor In the 104th Congress I introduced legisla- ering costs associated with day-to-day running costs are on the rise. tion to revitalize Amtrak and today, along with of the railroad. As interest payments on its Amtrak has repeatedly asked Congress to my colleagues, Mr. PACKARD and Mr. DELAY, debt consume an ever increasing portion of provide it with statutory relief from the most I am reintroducing the ``Amtrak Route Closure operating assistance, Amtrak has less and onerous labor provisions which could hold and Realignment Act of 1997, a measure less subsidy agreement for current operating some of its labor costs in check. However, which I believe can work to help save intercity expenses. Congress has refused to provide this relief. passenger rail service in our Nation. What needs to be done to increase Am- What is the relief Amtrak seeks? Relief from Despite its efforts, restructuring has not al- trak's profitability? Amtrak will tell you that it current law which requires Amtrak to pay un- ways worked as Amtrak planned. Some of has been trying very hard to survive in a com- employment for up to 6 years to any employee Amtrak's unprofitable routes have been man- petitive marketplace. Yet as a result of declin- whose route has been terminated or reduced dated by Congress and this has stymied its ef- ing passenger revenues coupled with price to less than three times per week. Of course, forts to operate in a business-like manner. I competition from airlines and intercity buses, other rail providers have similar requirements believe it is imperative that we enable Amtrak Amtrak passenger revenues have declined 14 and they also have sought relief without suc- to better operate in accordance with business percent in real terms since 1990, further exac- cess. Would it be fair to allow Amtrak to re- principles. Let's get out of the way and allow erbating a bad financial situation. duce the employment benefits it provides its Amtrak to operate like a businessÐa profit- Over the past 2 years, Amtrak has been workers while other transit companies can able one at that. able to restructure the company and route not? This is an issue Congress must address. My legislation would de-politicize Amtrak de- system, thereby making some productivity im- AmtrakÐand othersÐbelieve that to be free cision-making processes by removing from the provements and reducing annual costs by ap- of Federal operating subsidies by the year political realm, painful route closure and re- proximately $400 million. However, restructur- 2002, it will need a dedicated source of capital alignment decisions, and placing them instead ing has not always worked as Amtrak planned. funding. Amtrak has proposed receiving a half in the hands of an independent commission For example, in August 1996, Amtrak an- cent from the Federal gas tax, which would modeled after BRAC, the Base Realignment nounced that it planned to eliminate five provide Amtrak up to $750 million per year. and Closure Commission. routes by November 10, 1996. Many States If these funds are drawn down from the cur- This Amtrak CommissionÐcalled TRAC or affected by these route terminations ap- rent gasoline tax, not from the Federal portion Total Realignment of Amtrak CommissionÐ proached Congress, asking that we continue allocated to deficit reduction, it will have a sig- would conduct an independent, economic the routes until the State legislatures had an nificant impact on whether the Federal Gov- analysis of the entire Amtrak system and then opportunity to meet and discuss whether they ernment can meet its current full funding grant make recommendations on route closings and could fund these routes from alternative agreements and other transit commitments, as realignments urgently needed for the survival sources. Congress agreed and provided $22.5 well as its commitments for highway projects. of a passenger rail system in the United million to continue these routes for an addi- Beyond this, if Amtrak receives this half States. TRAC would hold public hearings tional 6 months. cent, will Congress reduce the Federal sub- around the country to ensure that the public However, because Amtrak did not correctly sidy provided to Amtrak, even after the rail- and other stakeholders were given the oppor- calculate the cost to run these routes, the rail- road ceases collecting operating assistance? tunity to be heard and in this way make the road is predicting that it will lose $13.5 million In fiscal year 1996, Congress appropriated realignment process as fair as possible. on these routes, even after the Federal sub- $635 million for Amtrak grants and Northeast In addition to economic data, TRAC would sidy. As a result, Amtrak may need to cut ad- corridor development. This amount is less also review nonmonetary data such as the ditional routes in order to make up for these than what would be provided to the railroad by contributions made by certain routes toward losses. And while Congress provided money the gas tax. In fiscal year 1997, Congress ap- alleviation of airport congestion, pollution to give the affected States time to develop al- propriated $763 million, not including a one- abatement, and energy conservation. TRAC ternate funding to continue these routes, I un- time charge for a maintenance facility. This would also examine alternative modes of March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E547 transportation in rural areas, as well as look at THE MEDICARE MEDICATION and computerization and standardization of uses communities could make of abandoned EVALUATION AND DISPENSING the drug prescribing process. rail lines. ACT OF 1997 MEDICAID MEDICATION EVALUATION SYSTEM The concept of using computer-based sys- Under my proposal, no segment of the Am- tems to improve patient care and identify trak system would be exempt from review. All HON. FORTNEY PETE STARK potential problems is not new. Advanced on- routes would be carefully scrutinized. TRAC OF CALIFORNIA line computer technology that permits pre- scriptions to be screened before they are would also examine ridership forecasts and IN THE HOUSE OF REPRESENTATIVES Thursday, March 20, 1997 filled is available. Thirty States currently other assumptions underlying the Northeast operate automated drug utilization review corridor, especially in light of on-going elec- Mr. STARK. Mr. Speaker, today, I am re- information systems for their Medicaid pop- trification efforts. This electrification project introducing a bill that could dramatically im- ulations. prove the quality of medical care received by In response to widespread knowledge of the currently has a price tag of about $3.2 billion, high costs of adverse medical reactions, Con- with nearly $1.2 billion already appropriated. our Nation's elderly. This legislation calls for gress required States to establish prospec- implementation of an online prescription drug There is, however, an important factor which tive prescription review for the Medicaid information management program for Medi- program. This MMEDS-like system reviews I mentioned earlier that I must reiterate which care beneficiaries. This system, referred to as prescriptions before they are dispensed. In affects Amtrak's costs and efforts to achieve the Medicare Medication Evaluation and Dis- June 1996, the General Accounting Office profitable operations. The Rail Labor Protec- pensing System [MMEDS], would provide studied five States using an automated pro- tion Act mandates payment of 6 years of full beneficiaries and their health care providers spective drug utilization review [PRODUR] system. Medicaid’s online system screens the benefits to any rail worker who loses his or with tools and information that are necessary prescription against the patient’s known her job due to a route closure. As a result, to reduce instances of adverse drug inter- medical and prescription history and sends many of the most unprofitable routes would actions, over-medication, prescription drug the pharmacy a message stating whether any actually cost even more to close than to keep fraud, and other problems that plague the el- potential drug-therapy problems exist. Over a 12-month period, the automated systems going, albeit limping along at a loss. In fact, derly related to prescription drug use. BACKGROUND for five States alerted pharmacists to over under the ``30-mile'' ruleÐalso part of current The inappropriate use of prescription drugs 6.3 million prescriptions that had a potential lawÐan Amtrak employee is entitled to de- is a health problem that is particularly to cause ADE’s—including drug-drug inter- mand the full 6 year severance package if he acute for the elderly. The elderly not only action, preventing overutilization, and preg- or she is merely relocated 30 miles or more. use more prescription drugs than any other nancy conflict; over 650,000 (10 percent) of age group, but are more likely to be taking these prescriptions were subsequently can- No union workers in the private sector are af- celed. forded such generous severance compensa- several drugs at once—thereby increasing the probability of adverse drug reactions. COST EFFECTIVENESS tion, and these astronomical costs are one of In July 1995, the General Accounting Office The 1996 GAO study found that automated the reasons that every trip on Amtrak costs reported that 17.5 percent of almost 30 mil- prospective drug utilization review, like that American taxpayers $25. lion noninstitutionalized Medicare recipients called for in MMEDS, is cost-effective to im- 65 or older used at least one drug identified plement and to operate. The GAO concluded After conducting a thorough, system-wide as generally unsuitable for elderly patients. that in addition to increasing patient safety, economic review, TRAC would make its rec- In a study published by the Journal of the PRODUR’s reduced Medicaid program costs ommendations to Congress. These rec- American Medical Association [JAMA], re- by over $30 million over the course of 1 year. ommendations would then be considered by searchers concluded that nearly one in four Savings were from rejecting early refills noninstitutionalized elderly patients take (preventing overutilization), cancellation of Congress under an expedited procedureÐan prescription drugs that experts regard as potentially wasteful prescriptions, and deni- accelerated time frame for consideration, with generally unsuitable for their age group. Ac- als due to ineligibility; yet, a majority of no amendments permitted, and an up-or-down counting for other scenarios, such as incor- savings were a result of using low-cost tech- vote. rect dosage levels, the number of Medicare nology to avoid hospitalization due to drug patients affected by the inappropriate use of reactions. Overall, the GAO found that pro- TRAC would be comprised of 11 members. prescription drugs would far exceed 25 per- gram savings can more than offset the costs The President would appoint three members cent. of relatively inexpensive online systems. including the Secretary of the Department of Several studies featured in the January Moreover, in 1995, in the State of Ten- nessee, the GAO observed a reduction of over Transportation, one representative of a rail 1997, issue of JAMA demonstrate the con- sequences of adverse drug reactions and er- $4 million in Medicaid drug costs in just a 6- labor union and one member of rail manage- rors in medication prescribing. One study month period, representing 3.9 percent of the ment. The majority leadership in the House found that adverse drug events [ADE’s] lead total cost of claims processed. In Maryland, and Senate would each appoint four mem- to longer lengths of hospital stay, increased over 7,000 prescription doses considered ex- cessive for elderly Medicaid patients were bers, in consultation with the minority leader- costs of hospitalization, and an almost two- fold increase in the risk of death. modified, resulting in $385,252 in savings in ship in both bodies. Members serving on this Inappropriate use of prescription drugs has just 10 months, and a total of $6.7 million in commission would offer expertise in rail fi- been proven expensive as well as dangerous claims were reversed as a result of their on- nance, economic analysis, legal issues, and to the health of the elderly. The Food and line system, accounting for 7.1 percent of the other relevant areas. Drug Administration estimates that 6.4 per- cost of Medicaid claims processed overall. cent of all hospital admissions are caused by The GAO recommends implementation of Saving passenger rail service requires ob- inappropriate drug therapy—imposing costs an automated drug utilization review system jective analysis and urgent remedies. If Am- of $20 billion; others estimate costs to be as on a nationwide basis. There is no doubt that if Congress acts to approve this bill, the tax- trak is to survive, and I want to emphasize my high as $77 billion. JAMA also recently re- ported that drug-related morbidity and mor- payer’s investment will be saved and Medi- support for its survival, we must get out of the tality have been estimated to cost more than care beneficiaries will be healthier as a re- way and allow it to be run in a manner con- $136 billion per year in the United States. sult. sistent with sound business practices. We Researchers found that a major component PRESCRIPTION DRUG FRAUD must allow objective, business principles to of these costs was ADE’s which may account The August 18, 1996, edition of the Los An- govern Amtrak operations rather than outside for up to 140,000 deaths annually. The study geles Times featured an article on the mas- analyzed one hospital in Salt Lake City and sive amount of prescription drug fraud in the considerations or constraints. Finally, we must found that a total of 567 ADE’s caused direct United States and the deaths and illnesses be able to justify to taxpayers, whatever deci- hospital costs of over $1 million in 1992 that are the result. The abuse of prescription sions we make regarding Amtrak and this is alone. drugs is believed to rival the estimated use best accomplished based on sound assess- Moreover, another JAMA study concluded of cocaine and crack. Hundreds of millions of that the costs of ADE’s are underestimated ments and recommendations. prescription pills reportedly enter our Na- since they exclude malpractice as well as in- tion’s illicit drug market each year. The I believe the TRAC legislation can help juries to patients. The researchers concluded abuse involves physicians who illegally pre- move Amtrak into the next century as a viable that the high cost of ADE’s economically scribe drugs, patients who illegally obtain justify investment in preventive efforts. part of the Nation's transportation system and prescriptions, and a double standard of leni- Therefore, the researchers recommended a ency toward doctors and the wealthy who I urge my colleagues to support this legisla- solution similar to MMEDS—reduction of may overuse prescription drugs. tion. system complexity, improved education, ex- Medicaid’s PRODUR system can alert for panded use of the expertise of pharmacists, early refills and therapeutic duplication— E548 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 providing tools needed to detect potential outreach program to educate physicians and THE AMERICAN HEALTH SECURITY fraud and to prevent abuse before it occurs. pharmacists on common drug therapy prob- ACT OF 1997 When the GAO analyzed data from five lems. The Secretary would provide written, States over the course of a 15-month period, oral or face-to-face communication which over 2,200 Medicaid recipients were each furnishes information and suggested changes HON. JIM McDERMOTT found to have obtained a 20-months’ supply in prescribing and dispensing practices. OF WASHINGTON or greater of controlled substances in the In addition, the Secretary is instructed to, IN THE HOUSE OF REPRESENTATIVES same therapeutic drug class. By employing a directly or through contract, disseminate a drug management monitoring program, the Thursday, March 20, 1997 MMEDS program would help end prescrip- consumer guide to assist beneficiaries in re- tion drug market abuse, save lives, and avoid ducing their expenditures for outpatient Mr. MCDERMOTT. Mr. Speaker, I rise today billions of dollars in medical injuries and ex- drugs and to assist providers in determining to once again introduce the American Health pense. the cost-effectiveness of such drugs. Security Act. The single payer plan I propose GOALS PHARMACY PARTICIPATION is the only plan before Congress that will guar- The goal of this legislation is to provide a antee health care universality, affordability, se- Participation by pharmacies would be on a comprehensive outpatient prescription drug curity and choice. voluntary basis. Participants would be re- information system available to all Medicare While this Congress lacks the political will to quired to meet standards including, but no beneficiaries which educates physicians, pa- enact comprehensive health reform, the un- limited to, maintenance of patient records, tients, and pharmacists concerning: in- derlying needs for reform remain prevalent: stances or patterns of unnecessary or inap- information submission at point-of-sale, pa- tient counseling, and performance of re- health care costs are more unaffordable to propriate prescribing and dispensing prac- more people and the number of people with- tices; instances or patterns of substandard quired drug utilization review activities. care with respect to such drugs; potential ad- Participating pharmacies would be required out health insurance continuous to rise. These verse reactions and interactions; and appro- to obtain supplier numbers from the Sec- problems are compounded by increasing loss priate use of generic products. retary. Supplier numbers would only be pro- of health care choice and autonomy for those vided to pharmacies that meet requirements MMEDS PROGRAM people who have insurance leading to disrup- specified by the Secretary. Beneficiaries The Medicare Medication Evaluation and tions in care and in relationships with provid- would be notified of which pharmacies are ers. Dispensing System will build on the existing designated Medicare participating phar- The American Health Security Act I am in- Medicaid infrastructure. MMEDS will give macies. all Medicare beneficiaries and their health troducing today embodies the characteristics care providers the medication management PAYMENT OF SERVICES of a truly American bill. It will give to all Ameri- tools needed to identify the direct threats Within a 2-year period after the initial op- cans the peace of mindÐthe securityÐto posed by inappropriate medication. In the which all citizens should be entitled. It creates process, hospital and other medical costs erations of the MMEDS system, the Sec- otherwise absorbed by Medicare as a result retary would be required to submit to Con- a system of health care delivered by physi- of these adverse reactions will be reduced. gress an analysis of the effect of MMEDS on cians chosen by the patient. No one will have The program would provide online, real- expenditures under the Medicare Program to leave their existing relationships with their time prospective review of drug therapy be- and recommend, in consultation with ac- doctors or hospitals or other providers. It is fore each prescription is filled or delivered to tively practicing pharmacists, a payment federally financed but administered at the an individual receiving benefits under Medi- methodology for professional services pro- state level, so the system is highly decentral- care, as well as retrospective review. The re- vided to Medicare beneficiaries. The pay- ized. And it provides new mechanisms to im- view by a pharmacist would include screen- ment methodology would be designed in a prove the quality of care every American re- ing for potential drug therapy problems due manner that generates no net additional to therapeutic duplication, drug-drug inter- costs to the Medicare Program, after ac- ceives. actions, and incorrect drug dosage or dura- counting for the savings to Medicare as a re- The American Health Security Act (the bill) tion of drug treatment. sult of demonstrable reductions in the appro- provides universal health insurance coverage ASSURING APPROPRIATE PRESCRIBING AND priate use of outpatient prescription serv- for all Americans as of January 1, 1999. It DISPENSING PRACTICES ices. The Secretary would submit a report to severs the link between employment and in- While the MMEDS system will be operated Congress regarding such recommendations as surance. The Federal Government defines the under contract with private entities, the the Secretary determines appropriate. standard benefit package, collects the pre- Secretary of DHHS would be responsible for PRIVACY OF PRESCRIPTION INFORMATION mium, and distributes the premium funds to overseeing the development of the program the states. The States, through negotiating to assure appropriate prescribing and dis- Standards would be established to main- panels comprised of representatives from pensing practices for Medicare beneficiaries. tain the privacy of protected health informa- business, labor, consumers and the state gov- The program would provide for prospective tion. Protected health information means ernment, negotiate fees with the providers and review of prescriptions, retrospective review any information collected in any form under of filled prescriptions, and standards for this provision that identifies an individual the government controls the rate of price in- counseling individuals receiving prescription and is related to the physical or mental creases. The result is health care coverage drugs. The program would include any ele- health of the individual, or is related to pay- that never changes when your personal situa- ments of the State drug use review programs ment for the provision of health care to the tion does, never requires you to change the required under section 1927 of the Social Se- individual. way you seek health care, and never causes curity Act that the Secretary determines to disruptions in your relationships with your pro- be appropriate. CONCLUSION viders. As part of the prospective drug use review, As the number of elderly in our society in- any participating pharmacy that dispenses a The bill provides the coverage under a creases, the number and proportion of drugs prescription drug to a Medicare beneficiary mechanism of global budgets to achieve con- would be required to offer to discuss with used by these older Americans will also trollable and measurable cost containment that each individual receiving benefits, or the grow. It is true that drugs, when used appro- will yield scorable savings over the next five caregiver of such individual—in person, priately, can reduce or eliminate the need years. Unlike other single-payer proposals of for surgical and hospital care, prevent pre- whenever practical, or through access to a the past, it provides for almost exclusive State toll-free telephone service—information re- mature deaths, and improve quality of life. Unfortunately, a good deal of drug use administration provided the States meet fed- garding the appropriate use of a drug, poten- eral budget, benefit package, guarantee of tial interactions between the drug and other among older persons is inappropriate, and drugs dispensed to the individual, and other often results in hospitalization. While some free choice of provider, and quality assurance matters established by the Secretary. drug-related hospital admissions are un- standards. This bill explicitly preserves free The Secretary would be required to study avoidable, many can be attributed to errors choice of provider by providing a mechanism the feasibility and desirability of requiring in prescribing. Utilizing an online prescrip- for fee-for-service delivery to compete effec- patient diagnosis codes on prescriptions, and tion drug management program to reduce tively with HMO's. It will not force Americans the feasibility of expanding prospective drug the cases of adverse drug reactions is clearly into HMO models. utilization review to include the identifica- cost effective. Although the primary goal of The insurance mechanism of the American MMEDS is safety, dollar savings are also a tion of drug-disease contraindications, inter- Health Security Act is easy to use and under- actions with over-the-counter drugs, identi- result. Most importantly, by implementing fication of drugs subject to misuse or inap- the Medicare Medication Evaluation and stand. Quite simply, a patient visits the doctor propriate use, and drug-allergy interactions. Dispensing System Act, we stand to greatly or other provider. The provider then bills the The Secretary, directly or through sub- improve the quality of medical care received State for the services provided under the contract, would provide for an educational by our Nation’s elderly. standard benefit package and the State pays March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E549 the bill on the patient's behalf, just as insur- tempts to end the interference between doctor the Department of the Navy's Chief of Legisla- ance companies pay medical bills on the pa- and patient. It establishes a system of profiling tive Affairs. Following that tour, in 1992 Bud tient's behalf now. The difference is that com- practice patterns to identify outliers on a sys- was assigned command of the U.S. Second plicated and expensive formulas for patient co- tematic basis. Pre-certification of procedures Fleet. In 1994, he was nominated to the rank payments, coinsurance, and deductibles in ad- and hospitalizationÐgetting permission from of Admiral and assigned Commander in Chief dition to premium costs are eliminated. insurers before your doctor can treat youÐis of the U.S. Atlantic Fleet. The standard benefit package is in fact ex- prohibited except for case management of cat- I have had the pleasure of working with and tremely generous. It covers all inpatient and astrophic cases. knowing some of this nation's finest military of- outpatient medical services without limits on Practice guidelines and outcomes research ficers in all branches of the armed forces, and duration or intensity except as delineated by are emphasized as the main quality and utili- I include Bud Flanagan in that honored com- outcomes research and practice guidelines zation control mechanisms which gives physi- pany. He is a noted operational strategist, an based on quality standards. It provides for cians latitude to deviate from cookbook medi- ``operator's operator'', who brought a distinc- coverage of comprehensive long-term care, cine where required for individual cases with- tive combination of vision, strength and hu- dental services, mental health services and out going through intermediaries. Only if prac- manity to the various responsibilities he car- prescription drugs. Cosmetic procedures and titioners consistently deviate are they subject ried out, in and out of Washington. I worked other ``frill'' benefits such as private rooms and to review to ascertain the basis for the pattern with him on many issues impacting the second comfort items are not covered. of practice. This system includes mechanisms district of Virginia and the Tidewater region. The extent of State discretion is substantial. for education and sanctions including case-by- Bud was unfailing in his genuine concern for The Federal budget is divided into quality as- case monitoring when the review indicates se- the welfare of the communities where he com- surance, administrative, operating, and medi- rious quality problems with a specific provider. manded and the Navy he led and loved. Admi- cal education components. The system is fi- The need for a 1:1 ratio of primary care ral Flanagan developed innovative solutions to nanced 86% by the Federal Government and physicians to specialists is explicitly set forth. community needs, most especially for the 14% by the States. That Federal pie is then Federal funding to graduate medical education Tidewater region, as our community moved to apportioned among the States. For example, is tied to achieving this ratio. Funding to the address the changing demands of the next States with large elderly populations can be National Health Service is also provided to millennium. Admiral Flanagan's initiatives, all expected to require a larger volume of higher achieve this goal. of which were innovative, ranged from working intensity services and will receive a larger Special grants are provided to meet the intermodal transportation issues; housing ini- Federal contribution. However, the States are needs of underserved areas through en- tiatives for sailors and marines that would fa- free to determine how that money is allocated hanced funding to the community health cen- cilitate home ownership, public/private ven- among types of providers and to negotiate ters, both rural and urban, to enable outreach tures to facilitate local economic development those allocations according to the State's indi- and other social support mechanisms. In addi- and modernization of Naval Base Norfolk, and vidual needs, provided Federal standards are tion, states have discretion to make special the application of business practices in the met. The ability of HMO's to operate and com- payment arrangements to such facilities to im- management of the fleet. Bud's innovative pete on a capitated basis is preserved. prove local access to care. It is anticipated ideas saved taxpayers and the Department of The States must demonstrate the efficacy of that the revenue streams established for the the Navy millions of dollars. These were just their methodologies or Federal models will be public health service, community health cen- the latest in a series of contributions that have imposed. However, States are not required to ters, and education of primary care providers been the hallmark of Admiral Flanagan's ca- seek waivers in advance. While the Federal will double the primary care capacity of rural reer. Government will not make separate allocations and other underserved areas in this country. Today I say congratulations to an outstand- to states for capital and operating budgets, the In summary, the American Health Security ing career that made a real difference in the states are free to allocate capital separately to Act will provide all the citizens with the health lives of many Americans. I extend my assure adequate distribution of resources care they need at a price both they and their sincerest best wishes to the Admiral and his throughout the State and to develop their own country can afford. It is clear that we cannot family in the next phase of their life's journey. mechanisms for doing so. afford the price of doing nothing. I know whatever Bud Flanagan decides to ac- The financing package reflects the CBO f scoring of this bill's predecessor, H.R. 1200, in complish, he will be successful. Fortunately, the 103d Congress. The numbers were pro- WILLIAM J. ‘‘BUD’’ FLANAGAN despite retirement, the Admiral remains a true vided by the Joint Committee on Taxation ADMIRAL, U.S. NAVY, RETIRED Virginian, maintaining a home in Eastville, VA. [JCT] on the basis of the CBO scoring. Ac- Fair winds, following seas and Happy Birth- cordingly, the Bill is fully financed. In fact, JCT HON. OWEN B. PICKETT day. estimates that the American Health Security OF VIRGINIA f Act will lead to deficit reduction approximating IN THE HOUSE OF REPRESENTATIVES $100 billion per year by the year 2004. MIDDLE EAST PEACE DEPENDS ON Everyone will contribute to the health insur- Thursday, March 20, 1997 ECONOMIC DEVELOPMENT ance system, except the very poor. Employers Mr. PICKETT. Mr. Speaker, I rise today to will pay 8.7 percent of payroll and individuals recognize and applaud the career of Adm. Wil- will pay 2.2 percent of their taxable income. A liam J. ``Bud'' Flanagan, Jr. Admiral Flanagan HON. JAMES P. MORAN tobacco tax equal to $0.45 per cigarette pack retired on February 1, 1997, after 29 years of is also imposed. These payroll deductions are service, having successfully served in several OF VIRGINIA lower than current insurance costs for most of the Navy's most demanding jobs and con- IN THE HOUSE OF REPRESENTATIVES businesses and individuals, even while provid- cluding that service as the Commander in Thursday, March 20, 1997 ing universal coverage and a more generous Chief of the U.S. Atlantic Fleet. ``Bud Flana- benefit package than exists in the private mar- gan'', the private citizen, has moved on to new Mr. MORAN of Virginia. Mr. Speaker, I rise ket today. The key is that the money nec- and exciting challenges. ``Admiral Flanagan'', to express my support for more projects like essary to provide coverage to people who Naval career officer, left a legacy of unique the new Marriott Hotel to be built on the cannot afford it comes from the administrative accomplishments and an impact on the Atlan- beachfront in Gaza. I offer the recent essay by savings achieved through the elimination of tic Fleet, Southeastern Virginia, and the Navy my constituent, Mr. Ralph Nurnberger, from the insurance company middle man. Ameri- at large that invites our praise and deserves the Christian Science Monitor (3/6/97), as an cans are freed from the hassle of obtaining our applause. excellent recognition of the need for more tar- and keeping their insurance and have a fed- I first came to know Admiral Flanagan in geted economic aid to the West Bank and eral guarantee that their health care costs will 1987, when he served as Navy's Deputy Chief Gaza. As Mr. Nurnberger states, ``. . . the be paid for, regardless of who their employer of Legislative Affairs to the House of Rep- real test of the peace process is how it affects is, where they move, or how their personal or resentatives. He worked tirelessly to represent the daily lives of Israelis and Palestinians. If family situation changes. the U.S. Navy and facilitate the Department's substantive and visible improvements do not In addition to providing realistic and afford- liaison with the Congress. After successfully result, no international agreements can suc- able financing, the Bill provides quality assur- meeting his responsibilities as Commander of ceed.'' He is absolutely right. Only the devel- ance mechanisms that enhance systemwide Destroyer Squadron Five, he returned to opment of a strong economic infrastructure will quality and truly protect the consumer. It at- Washington and served from 1988 to 1991 as ensure that progress and peace will succeed. E550 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 [From the Christian Science Monitor, Mar. 6, tion of six housing units with 192 apartments tainty over the future of the tax credit has 1997] in Gaza called Al Karam Towers. AID is also caused a significant decline in the investment NOT A HEARTBREAK HOTEL helping to improve uses of scarce water re- of capital in the biotechnology industry. The (By Ralph Nurnberger) sources and assisting private sector eco- nomic growth through technical assistance, bill would also maintain a change made to the The day before he left for his official visit training, loans to local firms, and establish- credit in last year's legislation to allow compa- to the United States, Yasser Arafat presided ment of industrial parks. But AID funds have nies to carry the tax credit back or forward over the groundbreaking ceremony for a been diverted from long-term projects to pursuant to section 39 of the Internal Revenue Marriott Hotel to be built on the beachfront help in establishing Palestinian self-rule. Code. Most of the companies engaged in re- in Gaza. For example, AID committed $2 million to search or orphan drugs do not qualify for the This project says, symbolically, that the support local elections in the West Bank and Middle East peace process might, finally, tax credit. Under current law, a company can Gaza, and to assist Palestinians in promot- only claim a credit against their current year produce tangible benefits for the people in ing more responsible and accountable gov- the area, especially through direct involve- ernance. tax liability. Since most companies involved in ment of the private sector. The construction AID has minimized help for the agricul- orphan drug research are biotechnology firms and later operation of this hotel will provide tural sector, the one area where Palestinians that are still developing and have yet to mar- employment for hundreds of Palestinians. It could immediately develop profitable ex- ket a product, they have no tax liability against will contain a modern commercial center to ports, especially under a new Free Trade which to claim the tax credit. This structural enable international visitors and Palestin- Agreement with the US. Allocating addi- ians to conduct business as it is done else- change would allow a developing company, tional funds to farm exports would be cost such as a biotechnology firm, to use the tax where in the world. The project will include efficient. a self-contained telecommunications center OPIC made a major effort to seek private credit at such time that it had a tax liability. for international calls, faxes, and e-mail as sector projects to assist or insure. But most I am pleased to note that this bill is en- well as excess telephone capacity for the private investors have avoided Gaza, so OPIC dorsed by leading patient groups and national local market. funds committed to date have been modest. organizations including; the Biotechnology In- This project will be the first major Amer- Mr. Arafat would be wise to stress the solv- dustry Organization, the National Organization ican private sector involvement in Gaza. The ing of such economic problems as a prime for Rare Disorders, Inc. [NORD], the National total investment will be approximately six way to reduce tensions, improve the quality Multiple Sclerosis Society, and the Leukemia times more than all other American invest- of life, and enhance opportunities for peace. ments in Gaza—combined! Society of America. He should build on momentum from the I urge my colleagues to support this impor- While diplomatic achievements are essen- hotel project and stress the need for private tial, the real test of the peace process is how sector involvement in the Palestinian econ- tant legislation and I look forward to its prompt it affects the daily lives of Israelis and Pal- omy. approval by the Congress. estinians. If substantive and visible improve- f f ments do not result, no international agree- ments can succeed. For the majority of Is- THE IMPORTANCE OF ORPHAN FRANCHISE BILL OF RIGHTS raelis, the key element is security. Israelis DRUG RESEARCH must feel safe riding buses, shopping in malls, and sending their children to schools. HON. GARY L. ACKERMAN If random acts of violence occur, they must HON. NANCY L. JOHNSON OF NEW YORK be assured that the Palestinian Authority OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES will work with Israeli officials to find and IN THE HOUSE OF REPRESENTATIVES Thursday, March 20, 1997 prosecute the terrorists. Thursday, March 20, 1997 PEACE DIVIDEND: LOWER INCOMES Mr. ACKERMAN. Mr. Speaker, I am calling Although more Israelis have been killed Mrs. JOHNSON of Connecticut. Mr. Speak- to the attention of the Congress today legisla- through terror attacks since the Sept. 13, er, I am pleased to introduce today, along with tion that I have introduced which would ensure 1993, signing than in any comparable period, my distinguished senior colleague from the that franchisees be guaranteed their fair and it appears that the Palestinians finally un- Ways and Means Committee, ROBERT MATSUI, equitable rights for the franchises that they derstand their responsibility to work with the orphan drug tax credit of 1997, legislation have developed through extraordinary work Israelis to enhance security concerns. The to extend this credit permanently. Similar leg- and sacrifice. Our main streets through out test for most Palestinians is whether the islation was recently introduced in the Senate America are populated by a wide variety of peace accords will result in an improved quality of life. Developing a thriving econ- by Senators ORRIN HATCH and MAX BAUCUS. franchises today. They are a significant com- omy that provides new employment opportu- In 1983, the Congress enacted legislation ponent of businesses for working families and nities will not only minimize hatreds and that granted a 50-percent tax credit to bio- in middle-income communities. These busi- tensions, but will also bring about the prom- medical research companies for the clinical nesses are also threatened due to the inequi- ise of a new life. testing of drugs used to treat rare diseases table balance of power between the franchisee Rather than growing to absorb these work- with limited commercial potential, commonly and franchisor. ers, the Palestinian economy has declined referred to as orphan drugs. Because the Franchisors should not be allowed to simply over the past two years. Thus, workers have process of research, development, and ap- pull the rug out from under franchisees who fewer opportunities to find employment within Palestinian areas. The unemployment proval for new pharmaceuticals is so costly, have been working diligently and successfully rate in Gaza, always high, is now estimated the small market for a drug discourages drug in promoting the parent company's product. at approximately 50 percent, with the rate in companies from undertaking it. Often, drugs Some value must be assigned to the years of the West Bank estimated at 30 percent. Un- designated as orphan drugs are for conditions hard work, expertise, and equipment that has employment is highest among young, single that affect as few as 1,000 persons in the been invested in the franchise business. Cur- men—the most likely recruits for terror-ori- United States. This means that without some rent law, both at the State and Federal level, ented groups. incentive there is simply no possibility for a does not sufficiently address this problem. BIG AID PLEDGES, LITTLE FOLLOW-THROUGH firm to profit from its decisions to develop The current crisis facing the Canada Dry The US hosted an international meeting on drugs that treat these diseases. and Coors distributors in the New York metro- Oct. 1, 1993, at which $2.4 billion in assistance This legislation, in conjunction with orphan politan area is a very clear illustration of this to the West Bank and Gaza was pledged. drug market exclusivity, has been successful problem and over 300 jobs could be lost for Most of these funds have not been delivered in encouraging the type of narrow research our region if the rights of franchisees are not or have been diverted from long-term projects to emergency programs and costs of critical to finding answers to the many ques- protected. After building up distribution routes running the Palestinian Authority. tions posed by rare diseases. Currently, there for Canada Dry and Coors over many years, The United States committed $500 million, are approximately 600 drugs that have re- and investing up to $250,000 per distribution of which $75 million annually for five years ceived orphan drug designation and more than route to buy the equity rights to their fran- is managed by the Agency for International 100 of those have been approved for market- chises, these distributors now face the termi- Development (AID). The other $125 million ing. Because of the orphan drug legislation, nation of their livelihoods. The parent compa- was to come from the Overseas Private In- we now have drugs to treat such diseases as nies in New York have now taken the position vestment Corporation (OPIC) to assist Amer- that the distributors own nothing, despite their ican investors through a combination of cystic fibrosis, hepatitis B, multiple sclerosis, loans, loan guarantees, and political risk in- renal cell carcinoma, and pituitary dwarfism. prior commitment to the distributors that they surance. The bill we are introducing today would had equity ownership. The distributors deserve AID has assisted a number of worthwhile make the orphan drug tax credit, which is set much of the credit for making these routes projects, including $12 million for construc- to expire May 31, 1997, permanent. Uncer- more profitable. This legislation would make it March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E551 unlawful for franchise companies to sell fran- to assist humanity and with his background in prevention dollars. The epidemic varies from chises and distributorships, and then take psychology, determined that the ministry State to State, and from locality to locality. back those franchises without fair compensa- would be the perfect place to impact the lives What works best to prevent HIV infections in tion. of his fellow brothers and sisters. After years San Francisco may not be what is most effec- Franchises employ more than 8 million peo- of studying the ministry, he emerged to found tive in Baltimore. This local approach is con- ple nationwide, and account for more than 35 the City of Angeles Church of Religious sistent with efforts to place decisionmaking in percent of U.S. retail sales. Current trends Science in 1985. Shortly thereafter, he found- the hands of states and localities, rather than suggest this explosion will continue, providing ed the Children's Charities and Scholarship pursuing a one-size-fits-all solution. a certain urgency to our cause to correct in- Foundation, thereby fulfilling a lifetime commit- In my work focusing on the needs of women equities and unfair trade practices sooner, ment to creating a viable organization dedi- in the HIV epidemic, the effectiveness of com- rather than later. cated to helping children. In the ensuing munity-based prevention programs has been Many issues deserve exploration such as years, the church and its foundation have demonstrated time and time again. Providers proper disclosure by franchisors and parent made innumerable contributions to the Los with a history of service to women's commu- companies. Our basic goal, however, should Angeles community. nities understand that prevention efforts must be to prevent unfair practices that do not prop- Dr. O.C., as he is affectionately known by acknowledge and respond to the issues of low erly recognize or compensate for the equity his congregation, continues to give concert self-esteem, economic dependency, fear of ownership rights that many franchisees and performances and ministers to people through- domestic violence, and other factors which are distributors have in their franchises, and ulti- out the world. Because of his commitment to barriers to empowering women. mately devalue franchising as a successful humankind, he serves as a perfect role model Our bill is a comprehensive approach to HIV way of conducting business. for individualsÐboth young and old. I am prevention. I urge my colleagues to join us as f proud to have this opportunity to commend cosponsors of this important legislation. him for his distinguished contributions to our f TRIBUTE TO DR. O.C. SMITH society, and on behalf of the citizens of the 32d Congressional District, I salute him and HONORING JOSIE POITIER FOR 39 HON. JULIAN C. DIXON wish him many more years of sweet, soulful YEARS OF OUTSTANDING AND OF CALIFORNIA music and fellowship as he continues to pro- CONTINUED SERVICE TO THE IN THE HOUSE OF REPRESENTATIVES vide outstanding leadership as the spiritual COMMUNITIES WITHIN DADE COUNTY Thursday, March 20, 1997 head of the City of Angeles Church of Reli- gious Science. Mr. DIXON. Mr. Speaker, on Saturday, April f HON. CARRIE P. MEEK 19, the men's club of the City of Angeles OF FLORIDA Church will sponsor a roast of church pastor, COMPREHENSIVE HIV PREVENTION IN THE HOUSE OF REPRESENTATIVES Dr. O.C. Smith. Dr. Smith, better known to ACT OF 1997 many as the multiple Grammy nominee and Thursday, March 20, 1997 singer of the million seller standard, ``Little HON. CONSTANCE A. MORELLA Mrs. MEEK of Florida. Mr. Speaker, it is my Green Apples,'' is the founder of the City of OF MARYLAND pleasure to recognize Josie Poitier, from Lib- Angeles Church of Religious Science. In rec- IN THE HOUSE OF REPRESENTATIVES erty City, who has contributed greatly to the ognition of his numerous contributions to the communities of my district. For 39 years, Ms. Thursday, March 20, 1997 church and to the Los Angeles community, Poitier has volunteered her time, effort, and and in appreciation of his lasting contributions Mrs. MORELLA. Mr. Speaker, today I am in- hard work creating many programs that have to the music industry, I am pleased to have troducing legislation, along with Congress- helped unite the community. She is an out- this opportunity to recognize Dr. Smith today. woman NANCY PELOSI and more than 100 of standing individual who has generated re- Prior to embarking on his legendary musical our colleagues, to provide a comprehensive spect, helped shape community pride, and career, O.C. attended and graduated from approach to HIV prevention. manifested hope that was once lost. Southern University in Baton Rouge, LA, earn- Our country faces 40,000 new HIV infec- The Miami Herald recognized Josie Poitier ing a degree in psychology. Following gradua- tions each year. The HIV epidemic is leaving in an article titled ``Building Bridges Between tion, he entered the U.S. Air Force and Spe- no population untouched, and it is spreading Communities,'' published January 20, 1997, cial Services, where as an entertainer he particularly rapidly among our young people, which commemorated her honorable civic toured bases all over the world. Looking to women, and people of color. Women are the service. I would like to submit a portion of this break into the music business after his tour fastest growing group of people with HIV; inspiring article for the RECORD. with the Air Force had ended, O.C. settled in AIDS is the third leading cause of death in ‘‘Every morning,’’ says Josie Poitier, ‘‘I go New York City. During the winter months, he women ages 25 to 44. Low-income women outside to pick up my paper and I look up at made the rounds in many of the small clubs and women of color are being hit the hardest the sky and pray, ‘Lord, let me help some- in the city, giving nightly performances. In the by this epidemic. African-American and Latina body today.’ ’’ summer months, he would travel to the re- women represent 75 percent of all U.S. For the last 39 years, Poitier has found nowned ``Borsch Belt'' hotels in the Catskills, women diagnosed with AIDS. plenty of people to help—from senior citizens where he entertained audiences with some of Our bill authorizes funding for family plan- who had never been on an airplane until she took them to the Bahamas, to the people his most soulful hits. ning providers, community health centers, sub- from a myriad of heritages she invites to her O.C.'s big break occurred when he learned stance abuse treatment programs, and other now famous Good Friday/Passover brunch to that the great Count Basie was looking for a providers who already serve low-income share in a spirit of community. replacement for the legendary Joe Williams. women, to provide community-based HIV pro- And that’s only two of the projects of her O.C. was selected and for the next 3 years, grams. These provisions were part of my page-long list that includes: coordinating a he toured with the ``Count'' developing a huge, women and AIDS prevention bill from the last holiday turkey meal for the elderly at St. loyal following throughout the United States. Congress. Our bill also creates a new program Mary’s Towers, pulling together an anti-drug He left Basie's orchestra to pursue a solo ca- to address concerns about HIV for rape vic- workshop for 18 inner city schools, making sure her neighborhood’s lights are all work- reer and struck gold with his memorable hits tims. ing properly and promoting scholarships and of ``Little Green Apples,'' ``Hickory Holler's The legislation also authorizes programs to a college education for black youth. Tramp,'' and ``Daddy's Little Man.'' He sang build on the HIV Prevention Community Plan- Ask her why she does it, why she runs so the theme song from the motion pictures, ``The ning Process implemented by the Centers for hard, and Poitier will tell you it’s because Learning Tree,'' and ``Shaft's Big Score.'' Disease Control and Prevention in 1994. Simi- the elderly are lonely and their children are Other well known hits of his include ``Help Me lar provisions were included in previous legis- too busy to visit, and because, in South Flor- Make It Through the Night,'' ``For the Good lation introduced by Congresswoman PELOSI, ida, there’s a need to build ‘‘a bridge between Times,'' ``That's Life,'' ``Don't Misunderstand,'' who worked to reform the CDC prevention people.’’ ‘‘This opened a lot of avenues,’’ she says of ``Dreams Come True,'' and ``What `Cha Gonna programs and to develop the community plan- the brunch that started at her Liberty City Do.'' ning process. This process has ensured that home 11 years ago and has grown to 200 peo- Several years into his highly successful mu- States and local health departments, in part- ple who gather at Holy Redeemer Catholic sical career, Dr. Smith opted to redirect his ca- nership with community planning groups, Church. ‘‘Everyone comes together as one, reer focus to the ministry. He felt a great need make the decisions on how best to target their like a family.’’ E552 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 Poitier, 52, a volunteer specialist with the pay tribute to Mr. Mark Richard Nichols of the in Saginaw, MI. He served in that capacity Miami Police Department, plunged into ac- Cabazon Band of Mission Indians, who will be from 1939 to 1952. His civilian service, as with tivism when she was 12 and the Youth Club recognized on April 12, 1997, as man of the so many of our citizens, was interrupted by was formed in Overtown to keep kids busy year by the East Valley Jewish Community World War II. From 1942 to 1946 he ex- and off the streets. She became a member and as a result, Poitier says, she developed Center of Palm Desert, CA. changed the front lines of prosecution for the ‘‘respect’’ and a commitment to help the po- Mr. Speaker, it is truly fitting that Mark Nich- battlelines of war. lice department improve relations with the ols is being honored for all of his work as a As Captain in the Armored Infantry Battal- community. tireless advocate in his community. For almost ion, 14th Armored Division under General Pat- Throughout the years, Poitier has served two decades, Mark Nichols has worked for the ton, he served his country admirably. Mr. on several city boards and today is president Cabazon Band of Mission Indians, helping the Burns was recognized for his valor not once, of her neighborhood Crime Watch. Beyond tribe become self-sufficient and maintain a but several times. He was awarded many hon- that, friends say, it’s the small things strong cultural heritage. Since 1989, Mark has Poitier does for other people that make a big ors including the Combat Infantryman Badge, difference, like remembering the loss of served as the chief executive officer of the the Bronze Star, three Battle Stars and earned someone’s loved one when she is leading a tribe, where he had earned a national reputa- the Purple Heart for wounds sustained in bat- prayer tion as an outspoken advocate on behalf of tle. When the war was over, he put his legal ‘‘It’s my business to remember,’’ Poitier Native American sovereign rights. background to work as a special prosecutor in simply says. It is the work of people like Mark Nichols the Nuremberg Trials. Her goodwill doesn’t stop at home. that reminds us of the importance of being in- Six years after his military service, Thomas She helps her daughter Vandetta, who is volved in one's community. Mark understands Burns became interested in polities. He was working on a master’s degree in business, that an investment in education of a person, is and son-in-law Harold Scott care for their elected to the Michigan State House of Rep- twins, Harold and Vaniecia. ‘‘My Josie,’’ the an investment in the future of our country. In resentatives and served honorably from 1952 children call her. Whenever she can, Poitier his service on the University of California to 1956. Following his term, he was appointed takes the children to her volunteer work. chancellor's executive roundtable, Mark has to the Michigan Public Service Commission ‘‘And they help,’’ she said. ‘‘I make sure worked to make sure education is accessible and eventually became its chairman in 1962. they know what I do. It enriches them.’’ and affordable for every person that desires to In 1962, Mr. Burns found his final calling. Josie Poitier has demonstrated her commit- learn. Mark has also dedicated himself to This time when he ran for office it was for the ment to strengthening and linking the commu- helping those who are the most vulnerable in Michigan Court of Appeals. Elected appellate nities in Dade County. Her enthusiasm and our society. He is the president of the Desert judge in 1968, Judge Burns served honorably exceptional service to the community are spe- Chapter of the American Diabetes Association, in that capacity for the next 18 years. In 1981, cial qualities. By any standard, she is a re- he volunteers at Martha's Kitchen/Food and he was elected Judge of the Year by the markable individual who is greatly appreciated Shelter for the homeless, and he serves as Michigan Trial Lawyers Association. He was a by so many. Mr. Speaker, on behalf of our en- the telethon sponsor for the Arthritis Founda- member of the Society of Irish American Law- tire community, I offer Josie Poitier my deep- tion. yers and the Michigan Supreme Court Histori- est thanks for her outstanding service and our What Mark Nichols has accomplished, and cal Society. what this award represents, is the recognition best wishes for her continued success. Thomas M. Burns was predeceased by his of the difference one individual can make if f son Thomas, who, as a lawyer and brew- they put their mind to it. It is the devotion, master, founded one of the first micro brew- TRIBUTE TO PENINSULA HIGH dedication, and spirit of Mark Nichols that eries in Michigan. Judge Burns is survived by makes him such a unique person. We are his wife, Alice, and his daughters, Bridgett proud to call him our friend. HON. JANE HARMAN Spence and Mary Neer. Mr. Speaker, we respectfully request that OF CALIFORNIA the Members of the U.S. House of Represent- Mr. Speaker, from his distinguished back- IN THE HOUSE OF REPRESENTATIVES atives join us in honoring the work and life of ground it is easy, even for those who never Thursday, March 20, 1997 Mr. Mark Nichols. The community of Palm had the pleasure of knowing Judge Burns, to   Desert, CA, is truly fortunate to have a person envision his leadership. His resume pays only Ms. HARMAN. Mr. Speaker, I rise to pay partial tribute to his distinction as a man and tribute to the Palos Verdes Peninsula High like Mark Nichols as a community leader. His commitment and dedication has improved the as a public servant. Judge Burns was not dis- School's Academic Decathlon team, which tinguished solely by the titles he held, but by took fourth place statewide and first place in quality of life for so many people in our coun- try. the manner in which he fulfilled his respon- its division during last weekend's California sibilities. Academic Decathlon held in Pomona, CA. f Drawing from his vast experience, Judge This nine-member team earned 44,540 Burns served as a vanguard of civil rights. His points in events designed to test academic LEGACY OF LEADERSHIP opinion always focused on the welfare of his knowledge in areas ranging from economics to REMEMBERED community. One lawyer in my community re- science. They came away with 29 gold, silver, membered that Judge Burns ``was able to sim- and bronze medals for various events and HON. JAMES A. BARCIA plify things, so much so that most complicated overall performance. In addition, one of the OF MICHIGAN issues could be explained in layman's terms.'' team members, Chris Luhrs, scored the most IN THE HOUSE OF REPRESENTATIVES And he did so without ever failing to lose his points of any student in Peninsula's division. Thursday, March 20, 1997 sense of humor. I am proud to represent these intelligent and talented students, and I ask my colleagues to Mr. BARCIA. Mr. Speaker, I rise today to Mr. Speaker, my community, and our Na- join me in congratulating them and their fami- pay tribute to a member of my community who tion, would benefit if there were more out- lies for their achievements. passed away this week after a long bout with standing individuals like Thomas M. Burns. He cancer. Judge Thomas M. Burns will leave a is an outstanding role model and a shining ex- f great void, not only to his family who mourns ample of positive community leadership in our HONORING MARK NICHOLS this loss, but to the City of Saginaw, the State complicated and often cynical world. In all of of Michigan and our Nation. his various roles as prosecutor, legislator, HON. DALE E. KILDEE Thomas Burns was a unique spirit in many judge and father, Judge Burns instilled in oth- respects. His dedication and deep commit- ers a devotion to life and service that was OF MICHIGAN ment to public service distinguished his ca- deeply evident in his words and deeds. HON. ESTEBAN EDWARD TORRES reer. He graduated fro St. Stephen's High Judge Thomas M. Burns enriched our lives, OF CALIFORNIA School in 1932, attended Bay City Junior Col- bettered our community and showed the rest IN THE HOUSE OF REPRESENTATIVES lege and graduated from the Detroit College of of us, by example, what public service is all Law in 1939. From the beginning of his long about. I urge my colleagues to join me in pay- Thursday, March 20, 1997 career, he dedicated his life to the community. ing tribute to an outstanding individual who will Mr. KILDEE. Mr. Speaker, it gives my col- Almost 60 years ago, Thomas Burns started be missed by his family and all those whose league, Mr. TORRES, and me great pleasure to his career as an assistant prosecuting attorney lives he has touched. March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E553 DR. MARGUERITE HUNG: A LIFE- nity leader, and champion of family planning in who have been working night and day both TIME COMMITMENT TO A the 36th District. She is being recognized on during the catastrophe and during the recov- HEALTHY COMMUNITY Sunday, April 6, by the South Bay Friends of ery period. We owe a great debt to the Fed- Planned Parenthood Los Angeles which she eral Emergency Management Agency, the HON. BOB FILNER successfully cofounded in 1989. Corps of Engineers, the Bureau of Reclama- OF CALIFORNIA Pat has worked tirelessly for the combina- tion, and the Department of Agriculture among IN THE HOUSE OF REPRESENTATIVES tion of education, advocacy, and clinical serv- many agencies who have provided skilled and ices that define Planned Parenthood Los An- timely assistance to many Californians. Thursday, March 20, 1997 geles' mission. South Bay Friends has com- During January, flood-fights were a common Mr. FILNER. Mr. Speaker and colleagues, I plemented this mission by establishing a occurrence in California as the Corps of Engi- rise today to honor the outstanding contribu- speakers bureau for high schools, attending neers worked with State and local officials to tions of Dr. Marguerite Hung to the community health fairs, planning fundraising efforts, and repair breached levees, strengthen weak of San Diego and to the acupuncture commu- monitoring public policy concerning reproduc- spots, and ensure that further lives and prop- nity of California and the Nation. tive issues. erty would not be lost. Dr. Hung was born in Taiwan, graduated Furthermore, Pat's enthusiasm and dedica- The Fish and Wildlife Service announced on from the Doctor Tsao Acupuncture Institute, tion were strong forces in expanding clinical January 23 that emergency natural disaster and taught at the Taipei Acupuncture and services through the opening of the Planned provisions of the Endangered Species Act of Moxibustion Clinic until 1978. She then joined Parenthood Los Angeles South Bay Center in 1973 [ESA] are in effect for 42 California the staff of the Tri Service General Hospital in 1993 which provided family planning services counties and will remain in effect throughout Taipei as an Acupuncture PractitionerÐtreat- to 5,200 clients last year. the 1997 flood season. Interior Secretary Bab- ing Army, Navy and Air Force personnel and Applying her ``big picture'' approach, her bitt has reiterated this pledge to suspend the their families. She was also a research mem- work in 1995 became international in scope. ESA during this year's flood season. ber of the Research and Training Center for While serving on the board of the Population The purpose of my bill is to give this deci- Acupuncture Science. Communication Committee, Pat attended a sion the force of law and to make it crystal In 1979, Dr. Hung moved to California. As collaborative meeting at the United Nations clear to those involved in maintenance and re- a private practitioner, she has been an active preceding the Cairo Conference on World pair of our flood control system that Congress member of the acupuncture profession, giving Population. stands behind this pledge. generously of her time and experience. She It is said that, ``If you want something done, Emergency repair work should go forward has served as vice president of the American ask a busy person''Ðand that certainly applies without normal ESA consultation and without Association of Acupuncture and Oriental Medi- to Pat Collins. the specter of costly mitigation once the re- cine and was chosen by this group as In addition to her exceptional work with pairs are made and the Sun is shining. Acupuncturist of the Year in 1994. South Bay Friends and issues of population The bill makes it clear that any work per- In 1992, she was appointed by the Gov- control, Pat has raised three daughters with formed by FEMA, the Corps of Engineers, the ernor of California to the Medical Board of her husband Richard, served as PTA Presi- Bureau of Reclamation, or the National Re- California, Acupuncture Committee. She rep- dent, church school director, Girl Scout leader, sources Conservation Service under their resented this board at the International Acu- and vice president of the South Bay Law emergency authorities, are exempt from provi- puncture Conference held in Italy and hosted Wives. She directed 100 teachers aides in the sions of ESA. by the World Health Organization. schools, developed a peer counseling program My bill also goes one step further. The Dr. Hung helped to found the Acupuncture at Miraleste High School, earned two masters Corps of Engineers has been directed to do a Institute for Addiction-Free Life, a statewide, degrees, and had a private practice as a mar- complete assessment of the flood control sys- non-profit corporation organized to make a dif- riage, family, and child counselor for several tem throughout California in order to identify ference in our communities in the area of drug years. short-term and long-term plans for strengthen- and alcohol abuse. She continues to serve as Mr. Speaker, I wish to join South Bay ing the existing system. Such a study may the president of this organization. She is a vol- Friends of Planned Parenthood in honoring point out the need for maintenance or repairs unteer for the Holistic AIDS Response Pro- Pat Collins whose tireless contributions have to damaged facilities that are necessary to gram [HARP] in San Diego County. She also enriched our community. She will be moving bring the facilities to substantially the same volunteers at the University of California, San from Rancho Palos Verdes to northern Califor- condition that existed prior to the floods. Diego Medical Center. nia and our loss will be their gain. My bill would ensure that the exemption to She has traveled to Washington, DC to suc- f ESA covers such necessary repairs as well, cessfully persuade the Food and Drug Admin- even if the repairs are pushed past this year's istration on behalf of acupuncture issues. CALIFORNIA FLOODS EMERGENCY flood season. Her active role in the community and her REPAIR ACT OF 1997 Unfortunately, some have seen the catas- lifetime contribution to Chinese medicine is trophe of the California floods as an oppor- being recognized at the 68th Annual Chinese HON. VIC FAZIO tunity to allow sweeping changes in the En- Medicine Day celebration on Sunday, March OF CALIFORNIA dangered Species Act that would alter it dra- 23, 1997. Chinese Medicine Day is historically IN THE HOUSE OF REPRESENTATIVES matically. Although I believe that some refine- ments in the ESA may be in order based on a day of celebration of the unique place that Thursday, March 20, 1997 traditional Chinese medicine has in the health our experience base in California and else- care system and the benefits it bestows on the Mr. FAZIO of California. Mr. Speaker, today where, our catastrophe is not the time to con- health and quality of life of our citizens. I have introduced the California Floods Emer- sider a major policy overhaul. My bill is a sim- It is truly fitting that the House of Represent- gency Repair Act of 1997. ple exemption linked to the emergency, a con- atives join in this recognition of Dr. Marguerite California experienced a major flood catas- cept already given credence by the actions of Hung. I appreciate this opportunity to call at- trophe during December and January which Interior Secretary Bruce Babbitt and the Fish tention to the lifelong work of Dr. Hung toward resulted in nine deaths and an estimated 2 bil- and Wildlife Service. making this world a better and healthier place. lion dollars' worth of damages to homes, busi- I urge my colleagues on the Appropriations f nesses, and property. Agricultural losses are Committee and in the House to move the estimated to exceed $150 million, and losses President's request forward with all deliberate CONGRATULATIONS TO PAT COL- to our national forests exceed $100 million. speed. California is not the only State affected LINS FROM A SOUTH BAY Eight national parks in California were dam- by winter disasters, and Americans in many FRIEND aged including $176 million in damage to one parts of the country need this assistance im- of the National Park System's crown jewelsÐ mediately. It is my intention to offer this bill as HON. JANE HARMAN Yosemite National Park. an amendment to the dire emergency supple- OF CALIFORNIA More than 100,000 Californians were evacu- mental appropriations bill to put the authority IN THE HOUSE OF REPRESENTATIVES ated from their homes. of Congress behind these important consider- Fortunately, the President, at the urging of ations. Thursday, March 20, 1997 the California delegation, has submitted a dire In short, California faces a significant chal- Ms. HARMAN. Mr. Speaker, I rise today to emergency supplemental appropriation re- lenge in assessing and repairing our flood honor Pat Collins, a long-time activist, commu- quest to assist the many emergency agencies control system, and in restoring the level of E554 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 confidence of our citizens as the same time complishments of Robert T. Brown who will being considered the Lou Gehrig of the bench, we restore our system. While lives and prop- soon be retiring after 23 years as president of as he has the longest term of service. erty remain at risk, our normal procedures the Ulster County Community College. Bob In addition to his professional involvement under the Endangered Species Act must, tem- Brown embodies a rare combination of quali- with the Saginaw County and Michigan Bar porarily, stand aside. ties: visionary and doer; philosopher and Associations, and the Michigan Judges Asso- The California Floods Emergency Repair achiever. ciation, where he served as president, Fred Act of 1997 will ensure that the lives and prop- As Ulster County Community College's lead- makes it a priority to be involved in civil orga- erty of our people will continue to be para- er, he has planned for and overseen important nizations. He served as president of the Uni- mount. campus expansions during times of growth versity of Michigan Club, and belonged to the f and developed innovative and bold programs Kiwanis Club of Saginaw and the Arthur Hill and partnerships to respond to economic Letterman's Club. He has served on the board RECOGNIZING THE INTERCOMMU- downturns. He is an educator who has never of directors of St. Luke's Hospital and on the NITY CHILD GUIDANCE CENTER lost his commitment to putting students first. board of directors for the Saginaw County ON THE OCCASION OF ITS 40TH Bob has been recognized locally, regionally, Chamber of Commerce and the Alcohol Infor- ANNIVERSARY and nationally for his strong advocacy on be- mation Center. He also involves himself with half to 2-year colleges and the importance of Big Brothers of America, the Lutheran Chil- HON. ESTEBAN EDWARD TORRES their academic and community-based mis- dren's Friend Society, and numerous veterans OF CALIFORNIA sions. He has been honored to receive the organizations. IN THE HOUSE OF REPRESENTATIVES Northern Arizona University Distinguished Fred Borchard is a credit to the legal profes- Thursday, March 20, 1997 Alumni Award, the Americanism Award from sion and to the community. I am extremely Mr. TORRES. Mr. Speaker, I rise today to the Anti-Defamation League of B'nai B'rith, proud to know him and to say that we have recognize the Intercommunity Child Guidance and the University of Texas at Austin's Out- both represented the people in Saginaw. Center of Whittier, CA, which will celebrate its standing Community College President Award, f 40th anniversary on April 10, 1997. I ask my among many others. Mr. Speaker, tomorrow night I will be with A SPECIAL SALUTE TO JOSEPH S. colleagues to join me in congratulating the KREINBERG staff and volunteers who have worked dili- Bob Brown and his family and his many gently to provide counseling and treatment to friends to celebrate his life and his achieve- the children and families of greater Los Ange- ments, and most of all to thank him for being HON. LOUIS STOKES les County. there for me and for our community. He is OF OHIO The Intercommunity Child Guidance Center someone who has truly made a difference. IN THE HOUSE OF REPRESENTATIVES is a nonprofit agency, founded in 1957 by f Thursday, March 20, 1997 members of the Whittier Coordinating Council IN HONOR OF A GREAT MAN OF Mr. STOKES. Mr. Speaker, I am honored to to provide low-cost quality mental health serv- THE BENCH: FRED BORCHARD salute today a very distinguished individual ices for children, adolescents, and families who resides in my congressional district. On who could not afford care elsewhere. Any fam- HON. JAMES A. BARCIA April 22, 1997, Mr. Joseph S. Kreinberg will be ily in need of services, regardless of income, celebrating his 95th birthday. Mr. Kreinberg is eligible if they reside within the County of OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES has devoted much of his life to improving the Los Angeles. quality of life for citizens in Cuyahoga County. Services provided include individual, family, Thursday, March 20, 1997 Today, I rise to pay tribute to this outstanding and group treatment to children and adoles- Mr. BARCIA. Mr. Speaker, I rise today to American. I also want to share with my col- cents with serious emotional problems. In pay tribute to a man of great distinction from leagues and the Nation some of the many 1994, a crisis intervention program was imple- Saginaw, MIÐthe Honorable Fred J. achievements made by this remarkable citi- mented to address the needs of children and Borchard, who is celebrating 50 years in the zen. families who have experienced recent crises, judicial profession. Saginaw is extremely lucky Joseph S. Kreinberg obtained his under- which includes follow up care to help alleviate to have a man like Fred Borchard serve on its graduate and law degrees from the Ohio State serious emotional trauma. Also offered are bench. He has a great judicial mind, believes University. He began the practice of law in parenting classes, which are provided free to in the values of hard work and education, runs Cleveland in the late 1920's with his brother, the community, in both Spanish and English. a disciplined and efficient courtroom, and tem- Herman. After World War II, Joseph began These classes have become an essential part pers his decisions with compassion and com- practicing law with A.E. Bernstein, whom, ac- of client treatment plans in many cases. Psy- mon sense. cording to Joe, had a major impact on his chological testing is available, when nec- Fred Borchard grew up in Saginaw and put legal career and served as Joe's professional essary, to assist in the treatment of a client, himself through the University of Michigan Law mentor. and medications are prescribed when needed. School by working at boiler and iron metal Mr. Kreinberg's distinguished career has en- The Intercommunity Child Guidance Center companies. Upon graduation, his law practice abled him to interact with prominent politicians is a model public-private partnership commit- was put on hold almost immediately by World such as Robert Taft and William Saxbe. Mr. ted to serving the mental health care needs of War II. Fred signed up with the U.S. Naval Kreinberg was also afforded the opportunity to area families. Funded in part by the Los Ange- Reserve as an ensign, and then became a for- work with former U.S. Supreme Court Justice les County Department of Mental Health, the ward observer, where he went ashore in Harold Burton when Justice Burton served as State Short-Doyle Program, and the United search of enemy gunfire and then signaled mayor of Cleveland. As mayor, Mr. Burton ap- Way, the center also receives support from naval guns for fire power. He participated in pointed Mr. Kreinberg to the Cleveland Board the communities it serves. landings at Leyte and Luzon, and then Oki- of Zoning where he diligently served for 39 Mr. Speaker, I ask my colleagues to join me nawa where he was wounded by sniper fire. years. Mr. Kreinberg has also worked with in recognizing the staff and volunteers at the Fred received the Purple Heart Medal for his public servants such as the late Senator Brick- Intercommunity Child Guidance Center as they courage and commitment to this country. er, mayor and U.S. Senator Thomas Burke, gather to celebrate 40 years of providing men- Upon returning to Saginaw 3 years later, and Mayor Frank Lausche. Mr. Kreinberg also tal health services to the greater Los Angeles Fred won the seat of municipal judge, which had the privilege of working under my brother, County. he held for 7 years until he ran and won the the late Carl B. Stokes, former mayor of f position of probate judge. In 1958, 4 years Cleveland, on many important issues. This ex- HONORING BOB BROWN later, then Governor G. Mennen Williams ap- traordinary gentleman remains one of the pointed Fred to the Saginaw circuit bench, most respected and vital members of the HON. MAURICE D. HINCHEY making Fred one of few to serve in all three Cleveland community. OF NEW YORK judicial posts. Certainly, Mr. Kreinberg's long and produc- Fred's long and auspicious career ended on tive tenure as a public servant will forever re- IN THE HOUSE OF REPRESENTATIVES January 1, 1989 at which time he was the old- main in the hearts and minds of many citizens Thursday, March 20, 1997 est judge in the State of Michigan, a distinc- in Cleveland. However, for one to truly under- Mr. HINCHEY. Mr. Speaker, I wanted to tion he still holds since he continues serving stand and appreciate the impact that Mr. take a moment tonight to recognize the ac- on assignment. Fred also has the honor of Kreinberg has made in the city of Cleveland, March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E555 they need only to talk to a few citizens in my Indeed, the conservancy has many accom- Lobos bandmembers, Cesar Rosas, Louie congressional district. Mr. Kreinberg's peers plishments in which its friends and supporters Perez, David Hidalgo, Conrad Lozano, and describe him as a highly ethical and moral can take pride. For example, the organization Steven Berlin, for their generous spirit and man. Mr. Kreinberg's character and integrity administers programs designed to serve mi- contributions to our community. These truly serves as a portrait of what a public servant nority and disadvantaged groups and those exceptional musicians have become lifelong should be. To celebrate Mr. Kreinberg's birth- who otherwise can never get to southern Cali- friends of our community through their commit- day and many contributions to his community, fornia's mountains. The quiet, cool and serene ment to promoting the welfare and education his family has graciously created an endowed setting is a welcome contrast to the often grim of our children. scholarship at the Levin College of Urban Af- realities of urban living. The conservancy has f fairs at Cleveland State University to assist also acquired over 21,000 acres of parkland in students who desire a career in public service 20 years, which has increased the opportuni- IN MEMORY OF E.M. KNIGHT OF and urban development. ties for people of any background to enjoy na- HOUSTON, TX Mr. Speaker, I take a tremendous amount of ture. pride and honor in saluting Joseph Kreinberg, The work of the conservancy to preserve HON. KEN BENTSEN whose entire life stands as a picture of the environment, especially in an area growing OF TEXAS achievement. Today, I along with his family, with the speed of southern California, is of IN THE HOUSE OF REPRESENTATIVES friends, and colleagues, would like to take this monumental importance. I ask my colleagues Thursday, March 20, 1997 opportunity to applaud Mr. Kreinberg's strong to join me today in saluting the 20th anniver- leadership and desire to improve his commu- sary of the Santa Monica Mountain com- Mr. BENTSEN. Mr. Speaker, I rise to honor nity and our Nation. prehensive plan, which has proven to be a the memory of a valuable member of the f most effective weapon in the arsenal of envi- Houston community, E.M. Knight, who passed ronmentalists. I applaud the conservancy's ef- away on Saturday, March 8, 1997. PERSONAL EXPLANATION forts, and wish it the best of luck for all the E.M. Knight was among Houston's most decades to come. prominent community leaders, acting as a HON. MICHAEL G. OXLEY f beacon for social justice and equality. He was OF OHIO a man of great character and great action, HONORING ROCK GROUP LOS IN THE HOUSE OF REPRESENTATIVES who gave Houston his all. Whether as a local LOBOS FOR THEIR CONTRIBU- chapter president of the NAACP or as Sunday Thursday, March 20, 1997 TIONS TO OUR YOUTH school superintendent, precinct judge, or dea- Mr. OXLEY. Mr. Speaker, I will be unavoid- con at East Macedonia BC, E.M. Knight made ably absent from the House Chamber during HON. ESTEBAN EDWARD TORRES a difference in so many lives. His legacy of today's proceedings. If I were present, I would OF CALIFORNIA service to the Houston community will be felt vote ``yea'' on both H.R. 1122, the Partial-Birth IN THE HOUSE OF REPRESENTATIVES far beyond his passing. He was truly one of a Abortion Ban Act of 1997, and House Resolu- Thursday, March 20, 1997 kind who will be greatly missed. tion 91, a resolution providing amounts for the E.M. Knight treated everyone in Houston as expenses of certain committees of the House Mr. TORRES. Mr. Speaker, I rise today to if they were family, and now that family of Representatives in the Congress. honor the internationally acclaimed rock group, mourns his passing. I ask unanimous consent f ``Los Lobos'', for their commitment to the youth of our community. On April 11, 1997, to insert in the RECORD at this point an article SALUTING THE SANTA MONICA Los Lobos will donate their time and talent to and obituary which appeared in the Houston MOUNTAINS PLAN raise funds for the Broadoaks Children's Chronicle on March 13, 1997. School of Whittier College in Whittier, CA. E.M. KNIGHT HON. HOWARD L. BERMAN Los Lobos has received numerous distinc- Ellis M. Knight (E.M.) departed this life on OF CALIFORNIA tions for their innovative style of music, includ- March 8, 1997, at the age of 84 years, 9 months and 5 days. He was born in Odenburg IN THE HOUSE OF REPRESENTATIVES ing two Grammy Awards, seven additional Grammy Award nominations, and was des- Louisiana to Mary Smoot and Ellis M. Thursday, March 20, 1997 ignated as having released the ``Album of the Knight Sr. The family moved to Houston Mr. BERMAN. Mr. Speaker, 20 years ago Year'' in 1992 by the Los Angeles Times, the after devastating floods. He was preceded in this month the Santa Monica Mountains Plan- death by his parents, 14 brothers and sisters, Chicago Tribune, the Chicago Sun Times, and and his wife Elease. He leaves to mourn his ning Commission produced its comprehensive the Nashville Banner. Since 1978, Los Lobos passing his wife Janet, sons Ellis III, Ronald plan. There are few dates more important in has released over 48 film, television and com- and Alan Wayne Knight, sisters Mary Harris the history of the environmental movement in mercial works. Their broad appeal has allowed and Loys Davis Gatterson, daughter-in-law southern California. them to perform for royalty in England, and for Edna, grandchildren Sharmane Stewart, The plan that commission produced had audience at Carnegie Hall. Andre and Terrion Knight, great-grandson, many valuable components, including calling What makes Los Lobos bandmembers truly Quentin Ellis Stewart, 4 stepdaughters, 9 for the establishment of a Santa Monica exceptional, however, is their commitment to stepgrandchildren, brother-in-law Cleve Mountains Conservancy. As a member of the the education of our community's youth. In the Gatterson, 6 sisters-in-law, a host of cousins, California Assembly, I carried the bill that im- nieces & nephews and many, many friends. last 4 years, Los Lobos has performed for He served in the United States Army. He plemented the plan and established the con- three sold-out benefit concerts, each in the retired from Southern Pacific Railroad after servancy. In the past two decades the per- name of education. Proceeds from April's con- 371⁄2 years of service, and since has been ac- formance of the conservancy has exceeded cert will enable Broadoaks to expand its serv- tively involved in community service, even my high expectations. Anyone who cares ices to children, families, teacher preparation, church activities and the political arena. about the environment and the need to main- and professional development programs During his lifetime he served in many ca- tain the natural beauty of southern California throughout the greater Los Angeles area. pacities: as NAACP local chapter president, is in the organization's debt. To acknowledge the band's commitment president of HCCO, founding and life member While I do not necessarily subscribe to the and dedication to this endeavor, Broadoaks of NCNW Elease J. Knight section, chair of Gulf Coast Community Services Board of Di- ``Great Man'' theory of history, it seems evi- has named a building in the group's honor. rectors, coordinator for Operation Big Vote, dent that the conservancy would not have The ``Los Lobos Learning Center'' includes chair of Martin Luther King Health Center come this far without the superb leadership of two classrooms for fourth through sixth grade Council and chair of the Council-at-Large Executive Director Joe Edmiston. I have students, many of whom require special edu- (HCHD), PTA president and VIPS at Fair- known Joe a long time, and count him as one cational services. All students in the Los child Elementary, chairperson of the of my close friends. Putting aside friendship, Lobos Learning Center are required to partici- Keenage Klub, Sunday School Supt. and dea- however, I can say without bias that Joe pate in volunteer service projects to instill the con at East Macedonia BC, and chair of dea- knows how to get things done and get them value of giving something back to our commu- con board, benevolence and building commit- tees at South Park Baptist Church. done right. His utter commitment, his bound- nity. Los Lobos' generosity enables these In spite of serious health problems, he re- less energy, his no-nonsense style and his young children to attend a school where vol- mained active as Precinct Judge in Pct. 0240, clear sense of direction have provided guid- unteerism is part of the curriculum. a position he held faithfully since 1966; dea- ance to the conservancy and are responsible Mr. Speaker, it is with great pride that I ask con at South Park BC, director for the Hous- in large measure for its success. my colleagues to join me in honoring Los ton Food Bank Pantry at South Park BC, E556 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 and chair of Community Services for the available on my Internet website, http:// profit within 30 days, and notifies the cor- church. He was a Mission Service Corps Vol- www.house.gov/cunningham, on my ``What's porate donor. unteer under the Home Mission Board of the New'' link. (D) Applies a technical definition relating Southern Baptist Church. He was a member America is confronted with three possible to the determination of contributors’ stake of Magnolia Lodge #3. He was a mover and a in the donated property. shaker who wanted to see things accom- solutions to the gap in technological literacy. (E) Applies current law definitions of com- plished for his country, state, city, commu- First, we can do nothing, which has a huge puter technology and corporations into the nity and church. cost in terms of our future competitiveness, Act. His motto was Matthew 25:34 ‘‘For I was our well-being as a nation, and the lives of our (b) Amends Section 170(a) of the Internal hungry and you fed me.’’ His will be ‘‘hard young people. Second, we can create more Revenue Code so that corporate contribu- shoes to fill’’ and he will be missed by many. Federal programs and increase Government tions of cash for schools and qualified non- Visitation at the funeral home on Thursday spending. Or third, we can harness the power profits to purchase computer technology and equipment are provided a 110 percent credit from 8 to 10 p.m. Body will lie in state at and energy of private enterprise to create true South Park Baptist Church, 5830 Van Fleet, against the corporation’s taxable income. 10–11 a.m. Friday followed by the funeral at 21st century classrooms, which is the motiva- (c) The Act takes effect at the beginning of 11:00 a.m. with Rev. Marvin C. DeLaney offi- tion behind my 21st Century Classrooms Act. the taxable year following enactment. ciating. He will join his beloved Elease at As a former teacher and coach, as one who f Houston National Cemetery. once trained the Navy's Top Gun fighter pilots, f and most of all as a father, I am tremendously A TRIBUTE TO CHARLES E. YOUNG excited by the potential of this initiative. I wel- INTRODUCING THE 21ST CENTURY come Members' support. HON. JERRY LEWIS CLASSROOMS ACT FOR PRIVATE SECTION-BY-SECTION ANALYSIS 21ST CENTURY OF CALIFORNIA TECHNOLOGY INVESTMENT CLASSROOMS ACT IN THE HOUSE OF REPRESENTATIVES (By Representative Randy ‘‘Duke’’ Thursday, March 20, 1997 HON. RANDY ‘‘DUKE’’ CUNNINGHAM Cunningham, R–CA) OF CALIFORNIA SECTION 1: SHORT TITLE Mr. LEWIS of California. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES ‘‘21st Century Classrooms Act for Private would like to bring to your attention the fine Technology Investment.’’ work and far-reaching accomplishments of Thursday, March 20, 1997 SECTION 2: FINDINGS AND PURPOSE Charles E. Young who is retiring on June 30, Mr. CUNNINGHAM. Mr. Speaker, today, I The purpose of the legislation is ‘‘to direct 1997 after 29 years as chancellor of UCLA. introduce the 21st Century Classrooms Act for the innovation and energy of private enter- The country's longest serving university chief Private Technology Investment. prise to the education of our young people, executive, he has been a powerful force in Our children and our country's future de- expand technological literacy, and bring the UNCLA's ascent to the ranks of the nation's pend upon the investment we make today in education of our young people into the 21st most comprehensive and distinguished univer- their classrooms. We know that advanced Century.’’ sities. Three-quarters of the diplomas held by technology has improved America's economic SECTION 3: CONTRIBUTIONS FOR COMPUTER UCLA's 285,000 living alumni bear his signa- competitiveness, transformed commerce and TECHNOLOGY AND EQUIPMENT FOR ELEMEN- ture. Chancellor Young's leadership is re- communications, and improved the quality of TARY OR SECONDARY SCHOOL PURPOSES flected in innumerable contributions to the life for millions of Americans. By the year This section establishes tax incentives for UCLA campus, to the broader community, and corporations to donate equipment or cash to 2000, some 60 percent of American jobs will help being classrooms into the 21st Century. to higher education. require technological skills. (a) Section 170(e) of the Internal Revenue Dr. Young's association with the University Unfortunately, the revolution in technology Code of 1986 is amended by creating a new of California dates to 1953 when he enrolled has not yet transformed the education of our special rule (6) for contributions of computer as a transfer student at UC Riverside. After children. Our classrooms lack the technology technology and equipment for elementary or graduating with honors in 1955, he pursued our children need to succeed. More big Gov- secondary school purposes. doctoral studies in political science at UCLA, ernment is not the answer; I believe that only (A) When a corporation contributes com- earning his M.A. in 1957 and Ph.D. in 1960. by harnessing the power and ingenuity of pri- puter technology or equipment to a qualified He participated in the creation of the master recipient, it may deduct from its taxable in- vate enterprise will we bring our classrooms come an amount to one-half the market plan for higher education in California while into the 21st century. value of the donated material, not to exceed working on the staff of UC President Clark in We can hasten that work through my new twice the cost of producing it. 1959. Dr. Young returned to UCLA in 1960 to proposal: The 21st Century Classrooms Act (B) A qualified contribution is a charitable serve in a series of executive posts in the ad- for Private Technology Investment. It provides contribution of computer technology or ministration of Chancellor Franklin D. Murphy. new, expanded incentives for businesses to equipment by a corporation that is: Following Chancellor Murphy's resignation, Dr. invest equipment and cash to prepare 21st (i) Made to a public or private elementary Young was named his successor by the UC or secondary school, or to a non-profit century classrooms. By taking advantage of 501(c)(3) organization that is ‘‘organized pri- Regents on July 12, 1968. employers' constant need to update computer marily for purposes of supporting elemen- Under Chancellor Young's leadership, UCLA systems, schools, and certain nonprofits can tary and secondary education;’’ has become an internationally renowned cen- vastly multiply the technology available to our (ii) Made within two years after the prop- ter of scholarship and discovery. Building a young people. erty to be donated was either acquired or university for the future, he has guided UCLA First, it encourages employers to donate produced; to dramatic advances in every facet of its en- computer technology, equipment and software (iii) To benefit K—12 education; terprise: recruitment of outstanding students (iv) Donated free of charge, except for ship- for K±12 education. It does this by expanding ping and installation; and award-winning faculty, acclaimed pro- the incentive that encourages donations to sci- (v) Productive to the recipient’s education grams in the visual and performing arts, devel- entific research institutions to also include do- plan; opment of a world class medical enterprise, a nations to schools and nonprofits involved in (vi) Beneficial to K—12 educational and do- doubling of library holdings and of campus fa- K±12 education. nated free (except for shipping and installa- cilities, and an unparalleled tradition in inter- Second, it provides employers a 110-per- tion), in the case of a recipient that is a non- collegiate athletics. cent tax credit for cash contributions to K±12 profit that is not a school. Chancellor Young is respected throughout (C) A corporation’s contribution of com- education to purchase computer technology, puter technology or equipment to its own academe as a passionate spokesman for edu- equipment and software. Every dollar contrib- private foundation, particularly if the foun- cational opportunity, inclusiveness, and the in- uted for this purpose reduces the employer's dation is not ‘‘organized primarily for pur- tellectual richness born of diverse perspec- taxable income by $1.10, up to the usual lim- poses of elementary and secondary edu- tives. Unwavering in his commitment to aca- its. cation,’’ is eligible for the tax deduction in demic freedom, he has cultivated at UCLA an And third, and most importantly, these new (A) if: open and stimulating environment in which the incentives will increase private involvement in (i) The contribution is made within two pursuit of knowledge thrives without limits or our local schools. That's something everybody years after the property to be donated was boundaries. His advocacy resonates in the either acquired or produced, and donated free agrees we need more of. of charge, except for shipping and installa- classroom, in the laboratory, and every corner Members of the House have already re- tion; of the campus where a theory can be tested, ceived a packet of information and the text of (ii) The recipient foundation forwards the a point of view expressed, an idea challenged, the 21st Century Classrooms Act. It is also contribution to an eligible school or non- or a concept debated. March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E557 In the belief that its home city is UCLA's was made clear in July 1994 with two heli- that, with the support of Treasury and it's em- foremost partner and greatest resource, Chan- copter tour crashes near the Island of Kauai ployees, some students are benefiting. cellor Young has engaged the university in and on the Island of Molokai, the former re- In 1995, Treasury established a Partnership myriad ventures and partnerships with the sur- sulting in three fatalities. In response, the FAA in Education program with two high schools in rounding community. Furthermore, just as Los put in place SFAR 71 emergency regulations the District, Eastern and Woodrow Wilson. Angeles has emerged as a world city, UCLA, applying to Hawaii's commercial air tour oper- They initially offered internships for students too, has become a world university and a ators. As a byproduct, these regulations after school, providing many of them their first magnet to students and scholars from around worked to partially alleviate noise problems in exposure to a professional office setting. Dur- the globe under the leadership of Chancellor Hawaii's parks. However, the SFAR 71 will ex- ing the summer of 1996, they employed more Young. pire in October. My legislation is necessary to than 100 students. As he prepares to retire, Chancellor Young continue controls on Hawaii's air tour industry. Based on that successful experience, they deserves recognition for shepherding UCLA I strongly urge my colleagues' support of my decided to institutionalize the program, and in toward academic greatness, founded on the legislation. addition to internships have added workshops cornerstone of intellectual freedom. On this f in career planning, resume writing, college ad- occasion we salute Charles ``Chuck'' Young, missions standards, and related topics. These his wife, Sue, and his two children and seven FOR THE RELIEF OF GLOBAL EX- workshops are conducted by local university grandchildren in celebration of a splendid leg- PLORATION AND DEVELOPMENT professionals from Georgetown, Howard, acy to American higher education. CORP., KERR-MCGEE CORP., AND American, and George Washington University. f KERR-MCGEE CHEMICAL CORP. Treasury's mission is a commendable oneÐ INTRODUCTION OF LEGISLATION to fill those gaps in education that can help TO RESTRICT FLIGHTS OVER HON. BILL McCOLLUM students acquire the necessary tools and skills CERTAIN AREAS OF HAWAII’S OF FLORIDA to go on to college or a profession after high NATIONAL PARK SYSTEM IN THE HOUSE OF REPRESENTATIVES school graduation. In addition to this work, Treasury also man- Thursday, March 20, 1997 ages the Academy of Law, Justice and Secu- HON. PATSY T. MINK Mr. MCCOLLUM. Mr. Speaker, today I am rity, a program with 200 students at Anacostia OF HAWAII introducing legislation to right a longstanding High School. I want to note that the Depart- IN THE HOUSE OF REPRESENTATIVES wrong involving the Federal Government and ment of Justice and the Department of De- Thursday, March 20, 1997 Global Exploration and Development Corp. fense also support this effort to prepare stu- Mrs. MINK of Hawaii. Mr. Speaker, I rise to and Kerr-McGee Corp. Global and Kerr- dents for careers in law and law enforcement. introduce legislation limiting adverse impacts McGee became embroiled in an ongoing dis- In addition, Treasury bureaus, like the Inter- of commercial air tour operations on national pute with the Department of the Interior more nal Revenue Service, the Bureau of Engraving park units in the State of Hawaii. Natural quiet than 20 years ago. In January 1991, I intro- and Printing, the Comptroller of the Currency, is as much an experience in our parks as en- duced legislation for the relief of Global and the Bureau of Alcohol, Tobacco, and Firearms, joying the beauty of treasures the parks were Kerr-McGee for any damages incurred due to and the Secret Service are supporting D.C. established to protect and preserve. wrongful governmental actions. That bill was students and teachers with activities including A decade ago, Congress recognized that successfully referred to the U.S. Court of Fed- tutoring, mentoring, equipment, and employ- noise problems within our parks nationwide eral Claims in July 1992. ment. created by overflights had reached a point crit- The U.S. Court of Federal Claims ruled in Overall, 150 employee volunteers are in- ical enough for congressional intervention, by September 1994 that the Government had, in volved in these activities. This is a great effort passing the National Parks Overflights Act of fact, committed a wrongful act against Global and I look forward to Treasury expanding it to 1987. and Kerr-McGee and that they would be enti- include schools in Maryland and in my district. Not much happened since then to solve the tled to equitable relief once damages were I commend the work of Secretary Rubin and problem until President Clinton on Earth Day proven. After an evidentiary hearing, but be- his staff and encourage other Federal agen- 1996 called upon the Transportation and Inte- fore the court reached a decision, the parties cies to become more involved in supporting rior Departments to issue regulations to re- reached a settlement, the terms of which are their local school districts. store quiet to our parks. As a result of this ac- embodied in this legislation. f tion, new regulations were released in January Mr. Speaker, I am hopeful that successful of this year for Grand Canyon National Park. passage of this legislation will bring long- TRIBUTE TO BENJAMIN REZNIK To take effect May 1, these regulations would awaited, and long-overdue, relief for the par- double the current flight-free area, limit the ties involved. If we are truly to be a govern- HON. BRAD SHERMAN number of tour aircraft that may overfly the ment of the people, we must be ever vigilant OF CALIFORNIA park, ban flights from sunset to sunrise, and in protecting private rights and rectifying public IN THE HOUSE OF REPRESENTATIVES wrongs. I urge all my colleagues to support develop rules requiring quiet aircraft tech- Thursday, March 20, 1997 nology. this legislation. The National Park Service and Federal f Mr. SHERMAN. Mr. Speaker, I am honored Aviation Administration are currently construct- today to rise in tribute to Benjamin Reznik. ing regulations for overflights above Hawaii's STATEMENT OF THE HONORABLE Today Mr. Reznik is being recognized by the parks. However, I understand these could be STENY H. HOYER COMMENDING San Fernando Valley Interfaith Council for his years in coming and, in the meantime, air THE DEPARTMENT OF THE outstanding work and enhancement of human tours are operating under voluntary agree- TREASURY FOR THEIR PART- relations within the San Fernanado Valley. ments that have not been effective in control- NERSHIP WITH THE D.C. PUBLIC Ben's parents were natives of Poland forced ling overflight noise. I continue to receive com- SCHOOLS to leave their homeland under Nazi occupa- plaints from hikers and visitors to Hawaii's tion. They were fortunate to escape to Israel, parks, as well as residents living next to the HON. STENY H. HOYER where Ben was born. As a 9-year-old boy his parks. My bill is necessary to enforce noise OF MARYLAND family overcame great obstacles and immi- controls on these operations. IN THE HOUSE OF REPRESENTATIVES grated to America in search of a better life. As Main provisions of my bill include prohibi- a young man Ben excelled in the public school Thursday, March 20, 1997 tions of flights over Kaloko Honokohau, Pu'u system, and completed his undergraduate honua o Honaunau, Pu'u kohola Heiau, and Mr. HOYER. Mr. Speaker, I want to com- studies at UCLA. The culmination of his formal Kalaupapa National Historical Parks, as well mend the Department of the Treasury and education came with his graduation from USC as sections of Haleakala and Hawaii Volca- Secretary Rubin for their efforts to support stu- School of Law. Throughout his academic ca- noes National Parks. A minimum 1,500-foot al- dents of the District of Columbia Public reer Ben had to hold down jobs and take out titude restriction is enforced for all other parts Schools. loans to make ends meet. He has since of Haleakala and Hawaii Volcanoes National We have all read about the significant chal- served as a role model to those having to Parks. lenges the students in our Nation's Capital struggle through similar circumstances. The need for restrictions on Hawaii's com- face daily, including substandard buildings and In 1976, upon graduation, Ben obtained a mercial air tour industry for safety reasons less than adequate education. I am pleased small loan from a local bank and opened his E558 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 own law office. Six years later his wife, Janice, are starting home-based businesses each such programs would teach immigrant children joined him in the firm and they established year. The entrepreneurial spirit of these men English. Thirty years later, we are told that the their professional partnership of Reznik & and women is breaking through existing bar- research is still inadequate to determine Reznik. The firm has grown steadily since and riers to work, and driving economic growth whether these programs are successful. today is one of the city's most respected law and jobs. These jobs give parents greater Meanwhile, the children and parents relying on firms. freedom and flexibility to balance and meet us to help students learn English are cheated When not working in the firm, Ben gives their families' needs, including those of their of a proper education. Now, through Ebonics freely of his time and resources to those less children, grandchildren, and aging parents. programs, education bureaucrats want to rob fortunate than himself. It is well known While the technology explosion in our world African-American children of an appropriate throughout the community that Ben constantly is facilitating this new phenomenon, our Tax education. They want to create what is effec- lends a hand to others facing adversity. His al- Code is hindering it. We must treat women- tively a program of bilingual education for Eng- truistic nature manifests itself in the very per- owned and home-based businesses more fair- lish-speaking African-American children by de- sonal responsibility he feels to our community. ly. The Home-Based Business Fairness Act is claring Ebonics their native language. a strong, commonsense approach to providing His service ranges from his current position Supporters of Ebonics instruction claim that tax relief for this dynamic and vital sector of as president of the Valley Job Recovery Corp., the children already speak Ebonics and that America's working families. It would allow a nonprofit economic development corporation they are merely teaching the children the par- small entrepreneurs to deduct their health in- assisting our community in job creation and ticulars of their chosen language. Evidently, surance costs and the expenses of their home retention, to his past chairmanship of the Eco- they do not equate teaching Ebonics with offices. It would give them the freedom to use nomic Alliance, a nonprofit group developing teaching about Ebonics. Rather than learning independent contractors to grow and expand an economic strategic plan for the San Fer- the grammar of Ebonics, these children de- their operations without the fear of onerous nando Valley. His expertise and hard work serve to be learning math, science, and Eng- back taxes, penalties, and interest small entre- were noted by Mayor Richard Riordan, when lish. The parents of the children involved preneurs too often face because of subjective he appointed Ben to serve on the develop- agree. ment reform committee which recommended and inconsistent reclassifications of independ- ways of streamlining the development proc- ent contractors as employees by the IRS. That is why I am introducing legislation that ess. Ben was also asked by the mayor to With this bill, Representative TALENT and I will get Washington out of the vernacular Eng- oversee implementation of a Federal grant have tried to address the three problems lish instruction business for good. My bill aimed at producing an economic development which we believe are critical to helping self- assures the taxpayers that we will not waste strategy for the changing economy of Los An- employed men and women succeed in home their money and our students' time teaching geles. Beyond work and various philanthropic business. I look forward to working with my regional dialects that are not recognized for- pursuits, Ben and Janice are dedicated par- colleagues in the House on this important leg- eign languages. Every child deserves a chal- ents to their three wonderful children. islation. lenging curriculum that prepares them for the Ben is held in the highest esteem within our f 21st century rather than a feel-good program designed to enhance self-esteem. This legisla- community, and is frequently looked to for his COMMITMENT TO EDUCATION sage advice. Ben Reznik's life is truly a re- tion is simply common sense and merits all markable story, he is living proof that dedica- Members' support. tion and hard work are still the formula for HON. BOB STUMP OF ARIZONA f success. IN THE HOUSE OF REPRESENTATIVES f Thursday, March 20, 1997 THE DEFENSE OF THE ENVIRONMENT ACT OF 1997 HOME-BASED BUSINESS FAIRNESS Mr. STUMP. Mr. Speaker, in this very ACT Chamber, during his State of the Union speech, the President spoke to us of his com- HON. HENRY A. WAXMAN HON. LINDA SMITH mitment to education and his desire to in- OF CALIFORNIA OF WASHINGTON crease its Federal funding. Many Americans IN THE HOUSE OF REPRESENTATIVES support any effort that would improve our Na- IN THE HOUSE OF REPRESENTATIVES tion's schools and our students' ability to meet Thursday, March 20, 1997 Thursday, March 20, 1997 the challenges of the future. Mrs. SMITH of Washington. Mr. Speaker, I Mr. Speaker, many Americans also want to Mr. WAXMAN. Mr. Speaker, 2 years ago am pleased to join my colleagues, Represent- be certain that the educational bureaucracy Congress adopted procedural steps that en- ative TALENT from Missouri, and Representa- does not waste the money that we seek to in- sured that unfunded mandates and tax in- tive PORTMAN from Ohio, in introducing the vest in our Nation's children. Too often when creases could not be enacted unless specifi- Home-Based Business Fairness Act. I also Members of Congress question the effective- cally considered and approved by the House. wish to compliment Representative TALENT for ness of some of these costly Federal pro- Today I am introducing the Defense of the En- his unfailing commitment to relieving the tax grams and mandates, we are accused of vironment Act of 1997 with Representative and regulatory burdens affecting small busi- being against education. Frankly, that accusa- GEPHARDT and Representative MILLER of Cali- nesses as chairman of the House Committee tion is not true. fornia. This legislation would extend this same on Small Business. In fiscal year 1997, Congress appropriated protection to environmental policies. With tax season upon us, most Americans $14 billion for elementary and secondary edu- are focused on one overwhelming problem: cation. What was the result? In one case, it The Defense of the Environment Act is a our antiquated and complex Tax Code. There was motivation for the Oakland, CA, school commonsense safeguard that could dramati- is growing consensus on the need to change board to declare Ebonics as a language wor- cally improve the consideration of environ- and simplify our tax system. It penalizes hard- thy of Federal bilingual education funding. mental legislation at virtually no cost. Nothing working, responsible Americans, and inhibits While Oakland claimed it would not seek new in the Act would prevent Congress from weak- their ability to save for themselves and for Federal funds for this program, the school sys- ening or eliminating any existing environ- their children and grandchildren. The time is tem is using Chapter I education funds for mental protection, even though a December ripe, Mr. Speaker, for a commonsense ap- Ebonics classes. 1996 Roper poll indicates that only 19 percent proach to providing tax relief to individuals and There is a larger point to be made here, Mr. of our constituents favor rolling back environ- to small and women entrepreneurs. Home- Speaker. When the American people hear that mental policies. Instead, the Act only takes the based businesses, in particular, need our at- the Government will spend more money on modest step of requiring a brief time for de- tention and commitment. education, they believe the money will be bate and a vote on any weakening legislation. One of the most exciting trends in small spent for needed items such as textbooks, This is a practical measure which will simply business today is the burgeoning of home computers, and new desks. Unfortunately, we ensure that environmental legislation receives businesses. The majority of them are created squander the taxpayers' hard earned money adequate consideration before becoming law. and operated by women. There are now more on bureaucracy and social engineering I encourage my colleagues to consider the than 9 million home-business owners, and, ac- schemes. Defense of the Environment Act. I believe it is cording to the Small Business Administration, We have seen this done for 30 years in our one environmental bill that we can all agree an estimated 300,000 women in this country bilingual education programs. We were told on. March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E559 REITSA FLOOR STATEMENT a result, the majority of today's REIT's are erated in compliance with all of the REIT owners of quality, income-producing real es- rules. Fortunately, the Internal Revenue tate. Thus, hundreds of thousands of individ- Service has not enforced any such technical HON. E. CLAY SHAW, JR. disqualifications and instead has entered OF FLORIDA uals that own REIT shares through direct in- into closing agreements with several REITs. IN THE HOUSE OF REPRESENTATIVES vestment (plus the many more who are inter- The proposal would alleviate the need to est holders in the growing number of mutual Thursday, March 20, 1997 enter into such closing agreements on a pro- funds or pension funds investing in REIT's) spective basis. Mr. SHAW. Mr. Speaker, today I am intro- have become participants in the recapitaliza- H.R. 1150 provides that a REIT’s failure to ducing H.R. 1150, the Real Estate Investment tion of tens of billions of dollars of America's comply with the demand letter regulations Trust Simplification Act of 1997 [``REITSA''], a best real estate investments. Likewise, inves- would not, by itself, disqualify a REIT if it bill to amend portions of the Internal Revenue otherwise establishes that it satisfies the tors in mortgage REIT's have the opportunity substantive ‘‘five or fewer’’ ownership rules. Code dealing with real estate investment to participate in the ever growing market for But under these circumstances, a $25,000 pen- trusts, or REIT's. The legislation responds to securitized mortgages, further contributing to alty ($50,000 for intentional violations) would the need for simplification in the regulation of the recapitalizaton of quality real estate. be imposed for any year in which the REIT the day-to-day operation of REIT's. REITSA is The benefits of the growth in the REIT in- did not comply with the shareholder demand cosponsored by Mr. MATSUI, Mr. CRANE, Mr. dustry were addressed in a 1995 Urban Land regulations and the REIT would be required, THOMAS, Mrs. JOHNSON, Mr. HOUGHTON, Mr. Institute White Paper title The REIT Renais- when requested by the IRS, to send curative demand letters or face an additional penalty HERGER, Mr. MCCRERY, Mr. CAMP, Mr. JOHN- sance. That White Paper concluded that equal to the amounts related above. In addi- SON, Ms. DUNN, Mr. COLLINS, Mr. ENGLISH, Mr. ``[f]rom an overall economic standpoint, the tion, to protect a REIT that meets the regu- ENSIGN, Mr. WELLER, Mr. STARK, Mr. LEVIN, real estate industry and the economy should lations, but is otherwise unable to discover and Mr. CARDIN. The Joint Committee on Tax- be well served by the expansion of the REIT the actual ownership of its shares, the bill ation has determined that REITSA has a neg- industryÐthe broadening of participation in provides that a REIT would be deemed to ligible effect on Federal fiscal year budget re- real estate ownership, the investment in mar- satisfy the ‘‘five or fewer’’ share ownership ceipts. ket information and research that the public rules if it complies with the demand letter In 1960, Congress created REIT's to func- market will bring, and the more timely respon- regulations and does not know, or have rea- tion as the real estate equivalent of the regu- son to know, of an actual violation of the siveness to market signals that will result from ownership rules. lated investment company, or mutual fund. As better information and market analysis.'' Section 102. De Minimus Rule for Tenant such, they permit small investors to participate To assist the continued growth of this impor- Services Income. The uncertainty related to in real estate projects that the investors could tant industry, H.R. 1150 was developed to ad- qualifying services for a REIT should be ad- not undertake individually and with the assist- dress areas in the existing tax regime that dressed by a reasonable de minimus test. In ance of experienced management. Over time, present significant, yet unnecessary, barriers 1986, Congress modernized the REIT’s inde- the REIT industry has matured into its in- to the use of the REIT vehicle. The proposals pendent contractor rules to allow them to di- rectly furnish to tenants those services cus- tended role with the greatest strides made in represent a modernization of the most com- this decade. tomary in the management of rental prop- plex parts of the regulatory structure under erty. However, certain problems persist. This development of the REIT industry is a which REIT's operate, while leaving intact the Under existing law, a REIT’s receipt of any result of a number of factors. As important as basic underlying ownership, income, asset, amount of revenue as a result of providing any other were the changes Congress en- and distribution tests introduced in the original an impermissible service to tenants with re- acted in 1986 to the REIT rules themselves REIT legislation. The proposals are supported spect to a property may disqualify all rents and the tax landscape in general. With respect by the National Association of Real Estate In- received with respect to that property. For to the general provisions, throughout the vestment Trusts, the National Realty Commit- example, if a REIT’s employee assists a ten- ant in moving in or out of an apartment 1980's limited partnerships used the offer of tee, the International Council of Shopping multiple dollars of tax paper losses for each complex (a potentially impermissible serv- Centers, the National Multi-Housing Council, ice), technically the IRS could contend that invested dollar to attract investors away from the Building Owners and Managers Associa- all the income from the apartment complex solid investments like REIT's, which seek to tion International, the National Association of is disqualified, even though the REIT re- provide investors with consistent distributions Industrial & Office Properties, and other na- ceived no direct revenue for the provided from economically feasible real estate invest- tional organizations. service. The disqualification of a large prop- ments but provide no opportunity to receive a erty’s rent could seriously threaten, or even SUMMARY OF KEY PROVISIONS OF H.R. 1150 pass-through of tax motivated losses. Accord- terminate, the REIT’s qualified status. A. Title I contains three proposals to re- Interestingly, at the same time a REIT ingly, the elimination of those tax loss loop- move unnecessary ‘‘traps for the unwary.’’ holes led investors to look for income-produc- could be severely punished for providing These proposals would address current re- services to tenants or their visitors, the ing investment opportunities. quirements that are not necessary to satisfy REIT rules properly provide that up to 5% of Also included in the 1986 tax legislation Congressional objectives, that carry a dis- a REIT’s gross income may come from pro- were important modifications to the REIT pro- proportionate penalty for even unintentional viding services to non-tenants. Thus, under visions of the Code. Among the changes oversights, or that are impracticable in to- present law a REIT is better off providing made as part of that modernization of the day’s environment. Title I’s overriding in- services to nontenants than providing the REIT tax laws (the first in a decade and the tention is not to penalize a REIT’s many same services to tenants. small investors by stripping the REIT of its most recent comprehensive revision of the In addition to the potential disqualifica- tax status as a result of an act that does not tion of rents, the absence of a de minimus REIT laws), the most significant was the violate Congress’ underlying intent in creat- rule requires the REIT to spend significant change allowing REIT's to directly provide to ing the REIT vehicle. time and energy in monitoring every action tenants those services customary in the leas- Section 101. Shareholder Demand Letter. of its employees, and significant dollars in ing of real estate as had been permitted to The potential disqualification for a REIT’s attorney fees to determine whether each po- pension plans and other tax-exempt entities failure to send shareholder demand letters tential action is an impermissible service. engaged in the leasing of real property. Prior should be replaced with a reporting penalty. The uncertainty regarding the permissibility to that change, a REIT was required to use an Under present law, regulations require that a of services also requires the IRS to expend REIT send letters to certain shareholders independent contractor to provide those serv- considerable resources in responding to pri- within 30 days of the close of the REIT’s tax- vate ruling requests. ices. able year. The letters demand from its share- To lessen the burden of monitoring each These legislative changes and the lack of holders of record, a written statement iden- REIT employee’s every action and to elimi- credit to recapitalize America's real estate pro- tifying the ‘‘actual owner’’ of the stock. A nate unnecessary disqualification of tenant duced a suitable environment for the substan- REIT’s failure to comply with the notifica- rents, H.R. 1150 provides for a de minimus ex- tial growth in the REIT industry and the fulfill- tion requirement may result in a loss of ception. The exception would treat small ment of Congress' original hopes for the REIT REIT status. amounts of revenue resulting from an imper- vehicle. The failure to send so-called demand let- missible service in a manner similar to reve- From 1990 to present, the industry has ters may result in the disqualification of a nue received from providing services to non- REIT with thousands of shareholders that tenants, and protect the classification of grown from a market capitalization of approxi- easily satisfies the substantive test because rents from the affected property as qualify- mately $9 billion to nearly $100 billion. Fueling of a purely technical violation. As a result of ing REIT income. The de minimus exception that growth has been the introduction of some disqualification, a REIT would be compelled is equal to 1% of the gross income from the of American's leading real estate companies to pay taxes for all open years, thereby de- affected property. The de minimus exception to the family of long existing, viable REITs. As priving their shareholders of income gen- is based on gross income to be consistent E560 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 with the REIT’s income tests, and is set at acted to prevent. It is only through the com- ers, but it must in its first year distribute all 1% to reflect an amount large enough to pro- bination of the partners’ various interests in pre-REIT year E&P. In the company mistak- vide the requisite safe harbor (note that it is the REIT and tenant that a disqualification enly underestimates the amount of E&P gen- 1% of the income from an affected property, of the rents occurs. This is true regardless of erated while operating as a REIT it may fail regardless how small, and not all properties the purpose for the partnership’s existence. to satisfy those requirements because the or- owned by the REIT), yet small enough not to The partners may have no knowledge of the dering rules controlling the distribution of encourage disregard of the independent con- other’s existence and may be partners in a E&P currently provide that distributions tractor rule. Because many of the services in huge limited partnership completely unre- first carry out the most recently accumu- question would not result in a direct receipt lated to the REIT. lated E&P. Thus, if a REIT distributes the of gross income, the bill provides a mecha- H.R. 1150 addresses this problem by modi- pre-REIT E&P and the expected REIT E&P nism for establishing the gross income re- fying the application of section 318(a)(3)(A) in its first REIT taxable year, the year-end ceived relative to an impermissible service. (attribution to the partnership) only for pur- receipt of any unanticipated income would The gross income would be deemed at least poses of section 856(d)(2), so that attribution result in the reclassification of a portion of equal to the direct costs of the service (i.e., would occur only when a partner holds a 25% the distribution intended to pass out the pre- labor, cost of goods) multiplied by 150%. or greater interest in the partnership. This REIT E&P. For example, if the IRS determined that a threshold presumes that such a partner While REITs have methods available to REIT’s providing wheelchairs at a mall is an would have knowledge of the other persons make distributions after the close of their impermissible service, the cost of the wheel- holding interests in the partnership, and taxable year that relate back to assure satis- chairs would be multiplied by 150% to would have an opportunity to determine if faction of the 95% income distribution re- achieve the gross income realized from the those persons hold an interest in the REIT. quirement (to be changed to 90% under impermissible service. If that and any other By not suspending the double attribution en- REITSA), those methods can not be used to gross income related to impermissible serv- tirely, the bill prevents the potentially abu- cure a failure to distribute pre-REIT E&P ices provided to tenants of that mall does sive practice of placing a ‘‘dummy’’ partner- after the close of the REIT’s taxable year. not exceed 1% of the malls gross income for ship between the REIT and those persons Accordingly, by allowing the REIT’s dis- the year, the impermissible service income holding interests in the tenant. tributions to first carry out the pre-REIT would be classified as non-qualifying income. B. Title II of REITSA contains two propos- E&P, the REIT could satisfy both distribu- However, rents received from tenants of the als that would assist in carrying out Con- tion requirements by using one of the de- mall would not be disqualified. gress’ original intent to create a real estate ferred distribution methods to distribute the A REIT’s actions are still policed under vehicle analogous to regulated investment unanticipated income discussed in the exam- this change. First, if a REIT’s gross income companies (‘‘RICs’’). ple. from impermissible services exceeds 1% of Section 201. Credit For Tax Paid By REIT Section 302. Treatment of Foreclosure the gross income from the affected property, On Retained Capital Gains. Current law Property. Rules related to foreclosure prop- that income and the rents from that prop- taxes a REIT that retains capital gains, and erty should be modernized. For property ac- erty would be disqualified as under current imposes a second level of tax on the REIT quired through foreclosure on a loan or de- law. Second, as previously noted, a REIT’s shareholders when later they receive the fault on a lease, under present law a REIT gross income from non-qualifying source is capital gain distribution. H.R. 1150 provides can elect foreclosure property treatment. limited to 5% of total gross income. Accord- for the REIT rules to be modified to cor- That election provides the REIT with 3 spe- ingly, gross income from impermissible respond with the mutual fund rules govern- cial conditions to assist it in taking over the sources that does not exceed the 1% thresh- ing the taxation of retained capital gains by property and seeking its re-leasing or sale. old would be included in that small basket, passing through a credit to shareholders for First, a REIT is permitted to conduct a trade thereby placing a second check on the capital gains taxes paid at the corporate or business using property acquired through REIT’s activities. (REIT) level. This modification is necessary foreclosure for 90 days after it acquires such Section 103. Attribution Rules Applicable to prevent the unintended depletion of a property, provided the REIT makes a fore- closure property election. After the 90-day To Tenant Ownership. Unintended double at- REIT’s capital base when it sells property at period, the REIT must use an independent tribution under section 318 should be mini- a taxable gain. Accordingly, the REIT could contractor to conduct the trade or business mized, while preserving the intended purpose acquire a replacement property without in- (a party from whom the REIT does not re- of the attribution rule. The attribution rules curring costly charges associated with a ceive income). Second, a REIT may hold of section 318 are interjected to ensure that stock offering or debt. foreclosure property for resale to customers a REIT does not receive rents from a 10% or Section 202. Reduction in the 95% Distribu- without being subject to the 100% prohibited more related party, in which case the rents tion Requirement. H.R. 1150 calls for reduc- transaction tax (although subject to the are deemed disqualified income for the REIT ing the REIT distribution requirement of highest corporate taxes). Third, non-qualify- gross income tests. While the intention of taxable ordinary income from 95% to 90%. ing income from foreclosure property (from that rule is proper, a quirk in the application RICs have a similar distribution require- activities conducted by the REIT or inde- of section 318 to REITs as called for under ment, which is set at 90%. The REIT dis- pendent contractor after 90 days) is not con- section 856(d)(2) may result in the disquali- tribution requirement was 90% from 1960 sidered for purposes of the REIT gross in- fication of a REIT’s rents when no actual di- until 1976. As part of the Tax Reform Act of come test, but generally is subject to the rect or indirect relationship exists between 1976, REITs were granted a special ‘‘defi- highest corporate tax rate. The foreclosure the REIT and tenant. ciency dividend procedure’’ designed to pro- property election is valid for 2 years, but Under section 318(a)(3)(A), stock owned di- tect their status in the face of a redeter- may be extended for 2 additional terms (a rectly or indirectly, by a partner is consid- mination of distributable income pursuant total of 6 years) with IRS consent. ered owned by the partnership. In addition, to an IRS audit. In exchange for this de- Under H.R. 1150, the election procedure under section 318(a)(3)(C), a corporation is creased risk of inadvertent disqualification, would be modified in the following ways: (1) considered as owning stock that is owned, di- REITs were asked to distribute a higher per- the initial election and one renewal period rectly or indirectly, by or for a person who centage of their income. However, when the would last for 3 years; (2) the initial election also owns more than 10% (in the case of deficiency dividend procedure was extended would remain effective until the last day of REITs) of the stock in such corporation. to RICs in 1978, no corresponding change was the third taxable year following the election Those attribution rules may create an unin- made to the RIC distribution requirement. (instead of exactly two years from the date tended result when several persons who col- Accordingly, H.R. 1150 calls for a reduction of election); and (3) a one-time election out lectively own 10% of a REIT’s tenant, also in the REIT distribution requirement to re- of foreclosure property status would be made own collectively 10% of the REIT. So long as store conformity between REITs and RICs. available to accommodate situations when a those persons are unrelated, because their C. Title III of REITSA would simplify sev- REIT desires to discontinue foreclosure prop- individual interests in both the REIT and eral technical problems that REITs face in erty status. tenant do not equal 10% the REIT is not their organization and day-to-day oper- In addition, the independent contractor deemed to own 10% of the tenant. However, ations. Many of these proposals would build rule under the election would be modernized if those persons obtain interests, regardless on simplifications that Congress has adopted so that it worked in the same manner as the of how small, in the same partnership the over the years. general independent contractor rule. Cur- REIT will be deemed to own 10% of the ten- Section 301. Modification Of Earnings And rently, a REIT may provide to tenants of ant. This results from the partnership’s Profits Rules For Determining Whether non-foreclosure property services customary deemed ownership of the partners’ stock in REIT Has Earnings and Profits From Non- in the leasing of real property. However, this both tenant and the REIT. Further, because REIT Year. Only for purposes of the require- previous modernization of the independent the partnership becomes a deemed 10% owner ment that a REIT distributen all pre-REIT contractor rule was not made to the rules of the REIT under section 318(a)(3)(A), REIT earnings and profits (‘‘E&P’’) within its first governing the required use of independent is deemed the 10% owner of tenant under sec- taxable year as a REIT, a REIT’s distribu- contractors for foreclosure property. tion 318(a)(3)(C). tions should be deemed to carry out all pre- Section 303. Special Foreclosure Rules For In essence, the REIT becomes the deemed REIT earnings before shareholders are con- Health Care Properties. In the case of health 10% owner of its tenant as a result of a vari- sidered to be receiving REIT E&P. Under ex- care REITs, H.R. 1150 provides that a REIT ation of the partner-to-partner attribution isting law, a REIT must not only distribute would not violate the independent contrac- that section 318(a)(5)(C) specifically was en- 95% of its REIT taxable income to sharehold- tor requirement if the REIT receives rents March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E561 from a lease to that independent contractor PERSONAL EXPLANATION dren, Michael and Tracy, for allowing me to be as a tenant at a second health care facility. a part of this exciting new venture. We all This change recognizes the limited number HON. VAN HILLEARY have great hopes for the Foundation and I of health care providers available to serve as OF TENNESSEE know that Ron Brown would be pleased to see an independent contractor on a property ac- IN THE HOUSE OF REPRESENTATIVES that the vision he dedicated his life to is now quired by the REIT in foreclosure, and the closer to reality. My congratulations to every- REIT’s likely inability to simply close the Thursday, March 20, 1997 one involved in this extraordinary project. facility due to the nature of the facility’s in- Mr. HILLEARY. Mr. Speaker, on rollcall No. f habitants. 62, I was unavoidably detained from the In addition, the health care rules would ex- House Chamber. Had I been present I would TRIBUTE TO RICHARD KATZ tend the foreclosure property rules to expira- have cast my vote as a ``Yes''. I ask unani- tions or terminations of health care REIT mous consent to have this statement printed HON. BRAD SHERMAN leases, since similar issues concerning a lim- in the CONGRESSIONAL RECORD immediately OF CALIFORNIA ited number of operators arise in those cir- following rollcall vote 62. IN THE HOUSE OF REPRESENTATIVES cumstances. However, foreclosure property f treatment in these cases would be limited to Thursday, March 20, 1997 a two-year period, unless the Secretary CONNECTICUT PAYS TRIBUTE TO Mr. SHERMAN. Mr. Speaker, I rise today to grants one or two possible two-year exten- SECRETARY RON BROWN pay tribute to Richard Katz for his years of sions. service to the people of California, especially Section 304. Payments Under Hedging In- HON. ROSA L. DeLAURO to the residents of the San Fernando Valley. struments. H.R. 1150 would extend the REIT OF CONNECTICUT This week Mr. Katz is being recognized by the variable interest hedging rule to permit a IN THE HOUSE OF REPRESENTATIVES San Fernando Valley Interfaith Council with REIT to treat as qualifying any income from the ``Spirit of the Valley'' award which is the the hedge of any REIT liability secured by Thursday, March 20, 1997 highest honor the Council bestows on former real property or used to acquire or improve Ms. DELAURO. Mr. Speaker, on Monday, public officials, recognizing Mr. Katz's enor- real property. For example, this provision March 24, 1997 Connecticut will become the mous contributions to our area and our State. would apply to hedging a REIT’s unsecured first State to participate in a State to State Day During his 16 years in the State government corporate debenture or the currency risk of a for the Ronald H. Brown Foundation. I am he served as chairman of the Transportation debt offering denominated in a foreign cur- very pleased to rise today to pay tribute to the Committee and later as the Democratic Lead- rency. life and work of Ronald Brown and his family's er of the Assembly. His career is a record of Section 305. Excess Noncash Income. H.R. efforts to continue his work through the Ron- distinguished service, as Mr. Katz was on the 1150 would expand the use of the excess ald H. Brown Foundation. forefront of a number of issues important to noncash income exclusion currently provided Secretary Brown spent a lifetime working to Californians. The impact of his work varied under the REIT distribution rules. The bill improve and expand opportunities for Ameri- widely from supporting the Mountain Lion Pro- would (1) extend the exclusion to include cans. He spent 12 years working for the Na- tection Act which banned the sport hunting of most forms of phantom income and (2) make tional Urban League as Deputy Executive Di- mountain lions and restored lost habitat, to the exclusion available to accrual basis rector, General Counsel and vice president for aiding the victims of the Northridge Earth- REITs. Under the exclusion, listed forms of its Washington organization. He will always be quake in the form of immediate tax relief. phantom income would be excluded from the remembered for his tremendously successful Transportation improvements is the area in REIT 90% distribution requirement. How- tenure as chairman of the Democratic National which Richard perhaps left his most enduring ever, the income would be taxed at the REIT level if the REIT did not make sufficient dis- Committee when he was instrumental in Presi- legacy. He authored Proposition 111, which tributions. dent Clinton's election. The President referred raised more money for mass transit and high- to Ron as ``a strong and independent leader ways than any effort in the history of California Section 306. Prohibited Transaction Safe and a forceful advocate'' when he nominated and created the Congestion Management Pro- Harbor. H.R. 1150 would correct a problem in him to be the 30th United States Secretary of gram which required cities to measure the im- the wording of Congress’ past liberalization Commerce. pact of land use decisions on their roadways. of the safe harbor from the 100% excise tax Dynamic and persuasive, Ron Brown used He helped initiate California's Smog Check on prohibited transactions, i.e., sales of prop- erty in the ordinary course of business. In- his position in the Commerce Department to Program, which is still the strongest anti-smog voluntary conversions of property no longer be a tireless crusader for economic policies program in the Nation. Finally, he worked to would count against the permitted 7 sales of which build a partnership between the public retire unsafe school buses with newer fuel effi- property under the safe harbor. and private sectors. While Secretary of Com- cient replacements, which benefits both the merce, Ron made working with small business kids that depend upon them and the local en- Section 307. Shared Appreciation Mort- and minority entrepreneurs one of his prior- vironment. gages (‘‘SAM’’). In general, section 856(j) pro- It has been said that, the politician thinks of vides that a REIT may receive income based ities. However, Ron Brown's focus did not stop on a borrower’s sale of the underlying prop- at the United States borders. He realized that the next election, the statesman thinks of the erty. However, the character of that income America had to retain the lead in international next generation. Richard Katz's work in help- is determined by the borrower’s actions. The commerce to continue to grow and provide ing the children of California certainly classi- SAM provision would be modified and clari- economic opportunity for all of its citizens. To fies him as a statesman. He played a leading fied so that a REIT lender would not be pe- this end, he traveled the world to promote role in the Gang Risk Intervention Program nalized by a borrower’s bankruptcy (an event trade and the export of United States goods which targets at-risk youth before they get in- beyond its control) and would clarify that a and services. Indeed, he will long be remem- volved with gangs. He recognized early on the SAM could be based on appreciation in value bered for his far-reaching vision and unique importance of educating our children on com- as well as gain. style. puter use, as he developed and galvanized Section 308. Wholly Owned Subsidiaries. In Ron Brown believed that economic oppor- support for computer education programs in 1986, Congress realized the usefulness of a tunity would come from the integration of edu- our public schools. REIT holding properties in subsidiaries to cation, political development and international During his 16 years in the California legisla- limit its liability exposure. H.R. 1150 would commerce. His legacy to us is the challenge ture, Mr. Katz was known as a hard working codify an IRS private letter ruling position of making his goals a reality. His family has and effective legislator. The effects of his lead- providing that a REIT may treat a wholly- taken on that challenge and founded the Ron- ership will be felt in areas ranging from crime owned subsidiary as a qualified REIT sub- ald H. Brown Foundation to ensure that Ron prevention, environmental and consumer pro- sidiary even if the subsidiary previously had Brown's lifetime of work will be carried on. The tection, transportation improvements and fam- been owned by a non-REIT entity. H.R. 1150 Foundation will focus on three areas: policy ily issues. Throughout his career he main- would allow a REIT to treat a corporation as development, global commerce, and edu- tained a relaxed and informal demeanor mak- a qualified REIT subsidiary when it acquires cation. ing him very approachable to Valley residents. for cash and/or stock all the stock of a non- I am proud that Connecticut is the first State Indeed the people of the San Fernando Valley REIT C or S corporation. to participate in the State to State effort to get are fortunate to have had Richard Katz as The effective date would be for taxable the Ronald H. Brown Foundation on its way. their representative. The area will reap the years beginning after the date of enactment. I thank Ron Brown's wife Alma and his chil- benefits of his work for generations to come. E562 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 TRIBUTE TO ROBERT W. WALSH agency. She has trained many other agency portation policy. As you know, the new law members and has successfully managed the was designed to make federal programs in careers of the many general officers for whom the post-interstate era better, not bigger, by HON. CAROLYN B. MALONEY emphasizing system preservation, the effi- OF NEW YORK she worked. cient operation of existing networks, im- IN THE HOUSE OF REPRESENTATIVES She always took a genuine interest in peo- proved intermodal integration, and increased ple and often went out of her way to help. You state and local control over investment deci- Thursday, March 20, 1997 could say that she was truly one of those peo- sions. ISTEA has been a visionary document, Mrs. MALONEY. Mr. Speaker, I rise today ple who always walked the extra mile. She fostering a more diversified and strength- to pay tribute to Robert W. Walsh, the execu- has been a lifesaver for many a general officer ened transportation infrastructure to enable tive director of the 14th Street, Union Square Americans to meet future challenges and op- and hapless newcomer who found out they portunities. Business Improvement District [BID/LDC], and could always depend on Vena for the right an- A key ISTEA provision for the San Fran- the man responsible for the renaissance of a swer or the right place. As the institutional cisco Bay Area is the Section 3 New Rail New York neighborhood desperately in need memory for the organization, she will be sorely Starts authorization for the BART Exten- of amelioration. Robert will be leaving New missed as it will take all of us much longer to sion to the San Francisco International Air- York for Charlotte, NC, where he has been look up what she already knows. port. As you know, the BART Extension was named president of the Charlotte, NC, Uptown A master of efficiency, she has worked tire- authorized in the last authorization of ISTEA and I strongly urge its reauthoriza- Development Corp. lessly to ensure the agency goals are met and tion. The project, which is located in my During his 8 year tenure at BID/LDC. Robert that a quality of life is maintained for all mem- Congressional district, will dramatically im- initiated and oversaw a revitalization of the bers of the U.S. Army. prove mobility and alleviate traffic conges- Union Square community that has transformed Vena has earned the admiration and re- tion by creating a state-of-the-art connec- the neighborhood into one that is immeas- spect from those in the highest levels of the tion between the 81-mile BART system and urably better for residents, businesses, and Army, of the Department of Defense, Con- the bustling San Francisco International Airport (SFO). The SFO Extension enjoys visitors. In fact, improvement in the neighbor- gress, and for the genuine caring for the well the unanimous support of the entire Bay hood has been so vast, Mayor Rudolph being of those who make soldiering their ca- Area Congressional delegation and I am Guliani recently singled out the 14th Street, reer. wholeheartedly committed to ensuring that Union Square organizations as models for Mr. Speaker, I would like to take this oppor- we build this long-awaited, national-signifi- community development. tunity to extend our heartfelt congratulations cant transit project. In a few minutes, BART Robert has been responsible for many nota- upon the retirement of Vena Edwards. I know Board Director Dan Richard will elaborate ble projects in the community, including the re- Vena will be just as successful in her future on the region’s reauthorization request for the SFO Extension. zoning of the East 14th Street corridor which endeavors as she was at the Department of In the San Francisco Bay Area, I am happy has stimulated recent developments such as the Army. to report, that the overall implementation of an NYU student residence, many new retail- f ISTEA has had a profound and decidedly ben- ers, restaurants, and other businesses; and eficial impact on transportation planning the establishment of an award winning public/ BART EXTENSION OF THE SAN and project selection. Thanks to the superb private partnership with Washington Irving FRANCISCO INTERNATIONAL AIR- guidance and leadership of our nine-county High School. One of Robert's most indelible PORT IS ESSENTIAL Metropolitan Transportation Commission (MTC), which has overseen implementation marks on the neighborhood is the completion of the program, our region has been able to of the Genesis apartments, a 94-unit building HON. TOM LANTOS seize upon the new opportunities provided by for formerly homeless families. OF CALIFORNIA ISTEA and immediately put our federal dol- During Mr. Walsh's tenure, the 14th Street, IN THE HOUSE OF REPRESENTATIVES lars to work. Barely one month after the passage of Union Square neighborhood has become one Thursday, March 20, 1997 of the most attractive and exciting areas of ISTEA, MTC formed the Bay Area Partner- New York City. Mr. LANTOS. Mr. Speaker, I rise today in ship—a consortium of local, state and federal strong support of the reauthorization of the agencies—to collaborate on the optimum use Mr. Speaker, it is my pleasure today to rise of ISTEA dollars. The Partnership quickly in honor of Robert Walsh, a man who has Intermodal Surface Transportation Efficiency Act [ISTEA]. Bipartisan passage of ISTEA in initiated a process to screen and rank served the New York community throughout project proposals based on ISTEA goals for his career at a variety of city agenciesÐthe 1991 unveiled a new era in transportation efficiency, equity and multi-modalism. New York City Departments of General Serv- funding by establishing a critical balance be- Working by consensus engendered strong ices, Personnel, Parks and Recreation, Trans- tween meeting national policy objectives and local support, which enabled the Bay Area to portation, and the major's Office of Oper- providing flexibility to States and local govern- obligate nearly 200 of its first round of Sur- ations. I ask my colleagues to join with me ments. ISTEA works well and major changes face Transportation Program (STP) and Con- gestion Mitigation and Air Quality (CMAQ) today in this well-deserved tribute to Mr. to this important law are not necessary. Mr. Speaker, last week, I testified before the Improvement Program projects years ahead Walsh for his commitment to New York City of official obligation deadlines. and to the outstanding work he has done for House Subcommittee on Surface Transpor- In terms of the MTC region, ISTEA’s flexi- the 14th Street, Union Square community. tation in support of ISTEA reauthorization. ble funding provisions have been pivotal to f ISTEA must maintain its focus on national pri- the program’s success. ISTEA has literally orities, intermodalism, local and public involve- revolutionized the way transportation prior- TRIBUTE TO VENA G. EDWARDS ment, and consideration of environmental con- ities are set and how projects are selected for cerns. It must also be adequately funded. funding in the Bay Area. Instead of the rigid HON. IKE SKELTON Mr. Speaker, I would like to share my funding categories of the past, Bay Area thoughts with my colleagues here in the communities have the latitude to invest in OF MISSOURI smaller, more cost-effective projects that de- House of Representatives on the effectiveness IN THE HOUSE OF REPRESENTATIVES liver more immediate results. of ISTEA programs in my region and in sup- Local flexibility has also enabled many Thursday, March 20, 1997 port of the reauthorization of the BART Exten- worthy projects to advance—everything from Mr. SKELTON. Mr. Speaker, after 32 years sion to San Francisco International Airport. I a joint intermodal terminal at the Port of of civilian service in the Department of the respectfully request that my statement be in- Oakland to BART rail rehabilitations to ex- pansion of MIC’s popular roving Freeway cluded in the RECORD. Army, Vena G. Edwards is being honored by Service Patrol tow trucks and various high- her friends and peers. STATEMENT OF CONGRESSMAN TOM LANTOS way and local street improvements through- Vena began her long and distinguished ca- BEFORE THE HOUSE SUBCOMMITTEE ON SUR- out the region. In all, MTC, with the Part- reer in 1965 in the Officer Personnel Manage- FACE TRANSPORTATION nership’s help, has approved 432 projects ment Directorate at the U.S. Army Personnel Good afternoon, Mr. Chairman and mem- worth more than $460 million in STP and Command, then known as the Military Person- bers of the Subcommittee. Thank you for CMAQ funds. Along the way, the process con- nel Command. Once she had established her- giving me the opportunity to testify on what tinues to be refined and improved to elevate is one of the most significant issues before self through other assignments, she advanced only the most efficient, effective transpor- the 105th Congress: the reauthorization of tation projects for funding. The success of to the office of the assistant deputy chief of the Intermodal Surface Transportation Effi- each of these transportation projects is an staff for Personnel in February 1977. A profes- ciency Act (ISTEA). Passage of ISTEA by a extraordinary testament to the value of sional in every sense of the word, she was the large bipartisan majority of the Congress in local decision-making coupled with the in- mainstay and guiding force for the entire 1991 was a watershed event for federal trans- herent flexibility of ISTEA. March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E563 Mr. Chairman, as your Subcommittee pre- authority to determine occupational, hours in a 2-day period. She did this not be- pares to mark up a surface transportation associational, and community charters for cause she was asked to, but because she reauthorization measure, I urge you to re- Federal credit unions. wanted to help. On many cold Minnesota win- tain ISTEA’s basic program structure, which The measure, which I had been helping de- has proven so successful in the San Fran- ter days, when the next election may be more cisco Bay Area and in other parts of the velop for the past several months, was care- than a year away, Helen is still the first person country. I also encourage you to oppose ef- fully drafted in close consultation with local at political meetings. And she rarely shows up forts to repeal or reduce the federal gas tax. and national leaders of the credit union com- for meetings or at the campaign headquarters These ill-advised policies would wreak havoc munity. As a longtime supporter of the credit aloneÐshe is the best volunteer recruiter in on the federal Treasury, weaken our eco- union movement in the United States, I am the district and frequently encourages senior nomic competitiveness, and could undermine honored to be part of this effort and to be in- citizens to become involved in the political national security interests. Finally, I urge cluded on the ground floor of the bipartisan process. members of the Subcommittee to consider congressional group submitting this important the financial burdens that transit operators Helen says, with very simple, honest mod- must bear in meeting the paratransit re- measure to the House of Representatives. To reaffirm my continued support for our Nation's esty that she has been blessed in her life and quirements of the Americans with Disabil- wants to share that blessing by working to as- ities Act. Transit operators are already reel- credit unions, I urge my colleagues from both ing from steep reductions in Section 9 oper- sides of the aisle to support the passage of sist those less fortunate. Helen truly under- ating assistance and can ill-afford to absorb the Credit Union Membership Access Act. stands the value of life and the worth of help- these new costs without federal assistance. f ing others. I am proud and honored to share Mr. Chairman, at this time I would like to with my colleagues this brief, but deserved introduce Dan Richard, a member of the TRIBUTE TO HELEN HORRAL tribute to Helen Horral, who has given so BART Board of Directors, who is here to ad- much of herself to enrich the lives of others dress the BART Extension to the San Fran- cisco International Airport, our region’s HON. JAMES L. OBERSTAR and to serve her community. She is both a number one priority for federal New Rail OF MINNESOTA role model and an inspiration. Starts. I look forward to the day in the not IN THE HOUSE OF REPRESENTATIVES f too distant future when BART initiates serv- Thursday, March 20, 1997 ice to the airport. With your Subcommittee’s continued support, Mr. Chairman, I am con- Mr. OBERSTAR. Mr. Speaker, I rise today STATE REPRESENTATIVE ANGELO fident that we will reach that goal, and when to pay tribute to Helen Horral of Duluth, MN. ‘‘SKIP’’ SAVIANO HONORED AS we do, it will be a proud achievement for all Helen Horral has rendered long and distin- MAROONS SOCCER CLUB ‘‘MAN Americans. guished, dedicated service to the people and OF THE YEAR’’ Again, thank you for the opportunity to city of Duluth. She served on the Housing Re- testify. I look forward to continuing to work with you and in supporting your efforts to development Authority [HRA] from 1985±1995, enact a strong surface transportation bill acting as president of the authority for 1 year. HON. ROD R. BLAGOJEVICH which will meet our nation’s transportation The HRA sets policy for Duluth's low-income OF ILLINOIS infrastructure needs in the next century. housing and creates solutions to the city's low- f income housing needs. IN THE HOUSE OF REPRESENTATIVES Helen has also served on the Single Room IN SUPPORT OF THE CREDIT Occupancy Commission [SRO]. The SRO ad- Thursday, March 20, 1997 UNION MEMBERSHIP ACCESS ACT vises the city of Duluth on homelessness and Mr. BLAGOJEVICH. Mr. Speaker, this the use of shelters and food banks, and it weekend in Elmwood Park, IL, the Maroons oversees grants and loans to SRO building HON. GEORGE E. BROWN, JR. Soccer Club, organizer of the first Italo-Amer- owners to improve living standards and make OF CALIFORNIA ican soccer team in Chicago, will hold its 68th housing more affordable. While serving on the IN THE HOUSE OF REPRESENTATIVES annual banquet. The Maroons are the proud SRO, Helen was a staunch advocate for the Thursday, March 20, 1997 sponsors of both soccer teams for the young residents, making sure that the tenants were and soccer teams for the ``ageless'' of the Mr. BROWN of California. Mr. Speaker, I treated with respect. She was known as the rise today to join with my distinguished col- resident caretaker of the SRO Commission. Chicagoland area. The purpose of the banquet leagues on the House Banking Committee, The motivation for Helen's laudable efforts is to honor two individuals who have actively Mr. LATOURETTE and Mr. KANJORSKI, and 15 on behalf of the HRA and SRO is that she contributed to the club in the same spirit that other bipartisan colleagues, in introducing the wants to help people less fortunate than her- the club actively contributes to the community Credit Union Membership Access Act. The bill self. Many years ago, she saw that numerous as whole. We join the Maroons in proudly hon- will preserve the rights of millions of Ameri- Duluthians, especially senior citizens, had fi- oring their Man and Lady of the Year for cans to join and continue their access to credit nancial difficulties and could not afford decent 1996±1997, Mr. Angelo ``Skip'' Saviano and unions. housing. Helen decided to attack the problem Ann Mele. This is such a great honor. I am In a ruling against the AT&T Family Federal head-on and take an active role in finding so- greatful to have the opportunity to recognize Credit Union, the U.S. Circuit Court of Appeals lutions. As a result of Helen's hard work, there them in this way. for the District of Columbia, ruled on July 30, has been real improvement in Duluth's low-in- But I would like to take this special oppor- 1996, that a credit union cannot have among come housing; there are now more low-in- tunity today to rise in the U.S. House of Rep- its members more than one group having a come, high-quality units in Duluth, and low-in- resentatives and publicly congratulate my common bond of occupation. That appeals come senior citizens can live in dignity. Even long-time friend and colleague in the Illinois court decision, as a result of a full court lobby- though she is now 82 years old, Helen contin- State House of Delegates, Skip Saviano. ing by large banks, casts in doubt the ability ues to help others by planning meals and Skip has been involved with youth soccer in of a credit union to serve multiple groups of serving as a volunteer cook at senior citizens' our district for many years. He actively contrib- employees by overturning 15 years of estab- centers around the city, which she has done utes to the well-being of our children and our lished National Credit Union Administration for many years. community in many ways. In the most tradi- [NCUA] policy as it relates to who is eligible to In addition to actively helping senior citi- tional sense, Skip Saviano is a role model. He join a credit union. zens, Helen has been involved in politics in is a strong legislator, and a champion of com- If fast action is not taken, millions of Ameri- Duluth for more than 25 years. She works as munities throughout Chicago and its suburbs. cans will be forced to give up their access to a volunteer for candidates in Minnesota during And his accomplishments are a direct result of the financial services they otherwise would re- election years and is involved in grassroots his success as a community leader and as a ceive through a credit union. The Credit Union politics all year long. Helen also provides Membership Access Act is a bipartisan effort transportation to seniors who do not drive, and good citizen. to bring a legislative remedy as quickly as she hosts political dinners and meetings on I hope that my distinguished colleagues will possible to the common bond issue. The bill numerous occasions each year. join me in recognizing Skip Saviano for this would preserve the longstanding policy of the The 1996 election provided a good example much deserved honor. Further, I hope that NCUA with regard to field of membership in of Helen's devotion to the political process. At they will join me in applauding his continued Federal credit unions. It would also clarify that one point near the end of the election, Helen dedication to our communities and to the lives it is the intent of Congress that the NCUA has worked at a campaign office in Duluth for 24 of the young people growing up in Chicago. E564 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 INTRODUCTION OF THE QUALITY care hospital services, primary care practition- Disclosure about Financial ArrangementsÐ HEALTH CARE AND CONSUMER ers, registered nurses, specialists and spe- Requires that the health plan inform enrollees PROTECTION ACT cialty medical services such as physical ther- of the financial arrangements between the apy and rehabilitative services. plan or issuer and participating providers and HON. MARGE ROUKEMA Continuity of CareÐRequires that enrollees professionals. OF NEW JERSEY are provided continued coverage with the es- Grievance ProceduresÐProvides a griev- IN THE HOUSE OF REPRESENTATIVES tablished primary care practitioners for 60 ance procedure that all health plans must fol- days, when the health care professional's con- low, while also requiring that the plan provide Friday, March 21, 1997 tract is terminated without cause. written notification to enrollees regarding the Mrs. ROUKEMA. Mr. Speaker, I rise today Emergency Service CoverageÐEnsures right to file a grievance concerning denials or to introduce the Quality Health Care and that the health plan reimburse expenses for limitations of coverage under the plan. In addi- Consumer Protection Act of 1997. treatment of an emergency medical condition, tion, the plan shall report to the Secretary of The past several years have seen an in- when prior authorization was not obtained, if a Labor and the Secretary of Health and Human creasing and disturbing trend of the health in- prudent layperson would reasonably assume Services the number of grievances and ap- surance industry putting bottom-line medicine that the condition required immediate medical peals received by the plan. ahead of quality medical care. The evidence is treatment. Mr. Speaker, managed care has a legitimate everywhere. Adequate Choice of Health Care Profes- role to play in today's health care system. First were the documented reports that sionalsÐEnsures that the health plan permit However, no health care system should be al- women were being discharged from hospitals enrollees to choose their own primary care lowed to sacrifice patient care on the altar of 24 hoursÐeven 12 hoursÐafter giving birth. practitioner from a diverse list of qualified pro- corporate profits. The Quality Health Care and Then came reports of women being shown the fessionals who are accepting new enrollees. In Consumer Protection Act makes significant door after having outpatient mastectomies. In addition, when the enrollee's medical condi- steps toward returning medical decisions to addition, physicians are barred from telling a tions warrant it, the enrollee shall be permitted doctors and other health care professionals patient about a lifesaving or life-improving to use a medical specialist primary care practi- and away from gatekeeper bureaucrats in treatment option or specialized care if it is tioner. HMO offices. more expensive than the insurer is willing to Point of Service OptionÐEnsures that the Medical professionals for generations have pay. Doctors were literally being gagged, in plan have an option for an enrollee to receive worked long and hard to give the United violation of their professional oaths. Men and benefits by a nonnparticipating health care States the highest standard of medical care in women are not allowed to call for an ambu- professional for an additional reasonable pre- the entire world. Our physicians, nurses, and lance without receiving prior approval from mium. medical researchers have performed miracles their managed care plan. Enrollee records are Prohibition of Gag RulesÐEnsures that in combating dreaded disease, repairing not kept confidential. there is open communication between health ghastly injuries, and correcting infirmities. We These practices, and others, spell an alarm- care professionals and enrollees. cannot allow green-eyeshadded bean counters ing trend in managed care. It would appear Coverage of Drugs and DevicesÐRequires in insurance company accounting departments that managed care has allowedÐor even that a health plan that provides benefits with to throw that progress away. With a health forcedÐinsurance companies to place com- respect to drugs and medical devices shall care system that is the envy of the world, we pany profits ahead of patient care. To many of provide coverage for all drugs and medical de- must not allow the United States of America to us, this smacked of third world medicine. Are vices approved by the Food and Drug Admin- slip to third world standards of medicine. we to abandon our historical position as the istration so long as the primary care practi- f world's leader in medical care? tioner or other medical specialist determines As a result, many individual States have the drug or device is medically necessary and HONORING REV. RAPHAEL ZBIN, started to mandate the coverage that insurers appropriate. MONK OF THE YEAR, THE BENE- must provide. While I understand the States' Coverage of Experimental TreatmentÐIf a DICTINE ORDER OF CLEVELAND desire to protect the quality of care, I am not health plan limits coverage for services, then sure this commonsense regulation is best exe- the plan shall define the limitation and disclose HON. DENNIS J. KUCINICH cuted at the State level. the limits in any agreement of coverage. When OF OHIO Congress should go beyond taking these is- a plan denies coverage for an experimental IN THE HOUSE OF REPRESENTATIVES sues on a piecemeal basis and take broad treatment, then the plan shall provide a letter comprehensive action. Consequently, I am in- explaining the denial, along with a description Friday, March 21, 1997 troducing the Quality Health Care and of alternative treatment covered by the plan. Mr. KUCINICH. Mr. Speaker, I rise to honor Consumer Protection Act. Based on a series Quality Assurance ProgramÐRequires that Rev. Raphael Zbin, pastor of St. Andrew's of proposals from Women in Government, a the health plan develop comprehensive quality Parish in Cleveland, OH. He is celebrating his bipartisan group of State legislators from assurance standards which are adequate to 50th ordination jubilee and was honored as across the country, my bill represents a con- identify, evaluate and remedy problems relat- ``Monk of the Year'' at a ceremony on March sensus on steps to ensure that managed-care ing to access, continuity and quality care. 16, 1997, in Lakewood, OH. networks provide high-quality, efficient care, Data Systems and ConfidentialityÐEnsures The following tribute was contained in the not just low-cost care that boosts profits. that the health plan provide information on the St. Clair & Suburban News, February 1997 I am aware that there are other health re- plan's structure, decision making process, Edition: form plans pending in Congress. My bill, how- health care benefits and exclusions, cost and He was ordained a priest in 1947 and then ever, goes further because it also includes the cost-sharing requirements, list of participating began teaching biology at Benedictine High millions of American workers whose health providers as well as grievance and appeal School and served on Cleveland Diocese plans are regulated under ERISA. ERISA is procedures to all enrollees, the Secretary of School Board for many years. In 1976, he was the Federal law that regulates large corpora- Labor, and the Secretary of Health and appointed pastor of St. Andrews. tions that self-insure and these companies Human Services. There is no greater tribute to a Bene- dictine education than to dedicate one’s life would be exempt from the other legislation Reporting of DataÐRequires that the health to the service of the Benedictine Order and pending before this House. We must provide plan report annually to the Secretary of Labor its values in education. And that summarizes the same high standard of quality of medical and the Secretary of Health and Human Serv- the life-long efforts of Fr. Zbin. care for all Americans, not just some. ices data including the number and types of f This legislation would protect consumers enrollee grievances or complaints during the without denying managed care's potential for year, the status of decisions, and the average TRIBUTE TO COLLEEN SMITH legitimate innovation and cost control. This time required to reach a decision. In addition, measure would return the power over medical the health plan must report the number, HON. MARCY KAPTUR decisions to those with the medical training amount, and disposition of malpractice claims OF OHIO and expertiseÐthe doctors and the nurses. resolved during the year. IN THE HOUSE OF REPRESENTATIVES Better Access to Personnel and FacilitiesÐ Medical Records and ConfidentialityÐRe- Ensures that enrollees are given meaningful quires that the health plans establish policies Friday, March 21, 1997 choice of available physicians and specialists, and procedures for keeping enrollee informa- Ms. KAPTUR. Mr. Speaker, I rise today to which includes reasonable access to acute tion confidential. recognize Colleen Smith of Bowling Green, March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E565 OH, who has retired as the city's adminis- Under the leadership of Coach Mark have been adopted by the Virginia General trator. Throughout her distinguished tenure, Kuipers and assistant coaches Steve Lawler, Assembly. Noman also served as a member she was a model of a dedicated public serv- Shelli Totten, Robyn Schumacher, and Renee of the Occoquan Sewage Authority and most ant. Nilles, the girls squad demonstrated athletic recently was involved in assessing Dominion's Colleen began working for the city of Bowl- skill, teamwork, and persistence, qualities semiconductor's plans to build a $1.7 billion ing Green in 1967 as a bookkeeper, monitor- which helped them play good basketball and computer chip plant in northern Virginia. He ing maintenance costs of city vehicles. Work- win the State championship. also was a fighter for such causes as conserv- ing her way up through the municipal struc- Players for the State championship team ing energy and decreasing government spend- ture, she became the city's municipal adminis- are Abby Monasmith, Angela Kaltas, Sherry ing. trator in 1989. As a testament to her talent Shollenberger, Cindy Simpson, Gabby McClin- Noman will be missed by all the residents of and commitment to fiscal responsibility, the tock, Chantelle Frost, Dawn Salfer, Kiesha northern Virginia that were among the lucky to city's books held no operating debt upon her Sowers, Stacey Roberts, Danna Vermeers, know him, and my deepest condolences goes retirement. Heather Huffman, and Alisha Pedey. Jill to his wife, Janet, and his family. Noman will In addition to leaving Bowling Green on Nihoul, Heather Sweet, and Megan Lawk be a friend I will never forget, and he will be sound financial grounds, Colleen may take served as the team's managers. missed by the community he served. A recent pride in her retirement in knowing she played Principal Cleve Penberthy, Athletic Director editorial in the Washington Post clearly de- a key leadership role in the development and Wayne McKnight, and residents of the West fines Mr. Cole's contributions to the region. promotion of her community. As assistant mu- Valley district should be proud of the Lady Ea- IN HONOR OF NORMAN M. COLE, JR. nicipal administrator and later as municipal ad- gles' success. I join them in saluting the play- [From the Washington Post, Feb. 9, 1997] ministrator, she helped revitalize the down- ers, managers, and coaches for their accom- The Potomac River is far cleaner today town area and aggressively assisted in eco- plishment. than it was 30 years ago, and the credit for nomic development. She was involved in re- I hope the Lady Eagles' success will en- this transformation goes to one man whose cruiting commercial and industrial business courage others to pursue their goals, recogniz- expertise, persistence and political skills and in negotiating an enterprise zone agree- ing that to succeed, players need to practice forced the issue on officialdom until he got ment between business, industry, and govern- and work together as a team. While necessary results. Norman Cole Jr., who died in a ski- ing accident last weekend at the age of 63, ment. Ever mindful that a community is more to their triumph, athletic skill alone was not was the undisputed champion of efforts to than simply a collection of business enter- enough. I hope that my neighbors in eastern achieve what presidents and other elected prises, Colleen worked to ensure Bowling WashingtonÐand Americans across the Na- leaders all talked about but never seemed Green remained the warm and pleasant place tionÐwill learn from their success, that they ready to do: rid the Potomac of serious pol- to live and visit it has always been. Her efforts will not let the odds discourage them, they will lution. Poll anyone who ever got involved in have grown trees, parks, and playgrounds remain confident in their abilities and work to- the revival of the river and they point to Mr. which people have enjoyed and will for gen- gether to reach their goals. Cole, the caring man who knew more than anyone else about water quality. erations to come. She helped make Bowling Skill, teamwork, and persistence allowed the Mr. Cole served in a variety of state and Green a true slice of Middle America. Lady Eagles to triumph on the basketball local assignments pertinent to the longtime More than a municipal employee, Colleen court. And these qualities will enable students health of the region. He did stints as tech- expanded the boundaries of public servant by across the country to succeed, whether in an nical and policy adviser to Govs. John Dal- committing her time and talent to various vol- athletic arena or in any other endeavor they ton and Linwood Holton on energy and water unteer groups and charities: the American would like to pursue. pollution abatement. The government of Cancer Society, Muscular Dystrophy Associa- f Fairfax County leaned on Mr. Cole con- tion, and Arthritis Foundation to name a few. stantly for guidance, and civic groups sought IN HONOR OF NOMAN M. COLE, JR. him out for help, which he generously pro- For her selfless efforts, Colleen was honored vided. Mr. Cole also was principal author of and recognized by many civic and community the 1971 Occoquan Watershed Policy, which organizations. The recognition culminated in HON. THOMAS M. DAVIS prompted creation of a sewage authority 1996, when she received an honorary alum- OF VIRGINIA there as well as of a world-class treatment nus degree from Bowling Green State Univer- IN THE HOUSE OF REPRESENTATIVES plant. Mr. Cole’s expertise extended to global is- sity for a lifetime of achievement and civic- Friday, March 21, 1997 mindedness. sues. He was a nuclear engineer who was a The English poet/philosopher John Donne Mr. DAVIS of Virginia. Mr. Speaker, it is with leader in the inspection and rectification of problems involving the reactor after the wrote that ``no man is an island, entire of it- deep sadness that I rise today to announce the passing of Mr. Noman M. Cole, Jr., whose Three Mile Island accident in Pennsylvania. self'' by which he meant that every person He served on the Ukrainian international touches every other living being. Colleen contributions to the northern Virginia area, are jury reviewing proposals to stabilize Smith is an example of this sentiment. Al- beyond measure. Noman died suddenly in a Chernobyl Unit No. 4 after the disaster though retiring from public service, I am cer- skiing accident on February 2, 1997, and it is there. Mr. Cole assisted the Russian govern- tain she will carry on in the ideal of Donne's hard for me, and the entire Fairfax community ment in defueling its nuclear-powered sub- philosophy for many years to come. I know my to believe that such a vibrant and dynamic citi- marines. zen is gone. Mr. Cole was the man who was always test- colleagues join me in thanking Colleen Smith ing the waters—literally as well as in his for 30 years of dedicated service, and wish I would like to take this opportunity to inform others of what an outstanding activist and ad- elaborate charts brightened by his famous her an enriching retirement. multicolored underliners. When the Potomac f visor Noman was. As past chairman of the started passing his tests, he would organize Fairfax County Board of Supervisors, I had the group swims. When the attention spans of CONGRATULATIONS TO THE LADY opportunity to work with Noman and I viewed government officials got short, he would nag EAGLES BASKETBALL TEAM OF him as one of the fathers of modern Fairfax. and educate them until they at least listened WEST VALLEY HIGH SCHOOL He served on my commission to study the some more. He did what he did out of a deep county's budget in 1992 and his insight helped concern for the safety and pleasure of his HON. GEORGE R. NETHERCUTT, JR. the county to achieve a balance without a tax own children and out of a love of the outdoor increase. He was a visionary who saw the big life and a special affection for the Potomac. OF WASHINGTON His legacy is a unique treasure. picture in the way government operates, and IN THE HOUSE OF REPRESENTATIVES f he was able to put together the coalitions to Friday, March 21, 1997 get things done. Noman was former chairman IN MEMORY OF A GREAT POLKA Mr. NETHERCUTT. Mr. Speaker, today I of Virginia's State Water Control Board and an BAND LEADER want to congratulate the girls basketball team activist who frequently spoke out in defense of of West Valley High School. On March 15, the measures to protect northern Virginia's water HON. DENNIS J. KUCINICH Lady Eagles won the Washington State AA supply. While chairman, Noman initiated the OF OHIO High School basketball championship, handily State standards for treating sewage before it IN THE HOUSE OF REPRESENTATIVES defeating the Prosser High School girls squad was released into the Potomac River. 61 to 44. The Lady Eagles won 18 of their 22 No one had more to do with protecting the Friday, March 21, 1997 games in the regular season, defeating many Potomac River and shaping the region's water Mr. KUCINICH. Mr. Speaker, I rise to honor tough teams. supply. Many of Norman's other brilliant ideas the memory of Joe Toriskie, a Garfield Heights E566 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 resident who played his special brand of compounded by the strongly held view that the a selection commission for the IRS Commis- Cleveland-style polka music to countless fans agency may be politically motivated. sioner. of his band, ``The Casuals.'' When the IRS Commissioner serves at the My legislation ensures that strong, qualified Born in Cleveland, Mr. Toriskie started his pleasure of the President, the perception is candidates are selected for IRS Commissioner first band while a student at South High that the Commissioner may be swayed to op- and further ensures that the Commissioner is School. He spread the joyous message of erate the IRS in a manner that pleases the afforded necessary insulation and distance polka for the rest of his life. Over the past 30 White House and may even agree to pursue from attempts to make the IRS a tool for the years, Mr. Toriskie led his band, the Casuals, audits as directed or do other things to be as- party in power in the White House. We must to the peaks of the polka music profession. He sured continued employment. Is this percep- give taxpayers renewed confidence in the IRS was nominated as Musician of the Year by the tion reality? Stories abound of misuse or and in its ability to fulfill its mission in an unbi- Cleveland Style Polka Hall of Fame last year. abuse of IRS power for political purposesÐin ased, even-handed manner. My bill will do just The Casuals were also nominated as Band of this administration and in previous administra- that and I urge its support. the Year in 1995 and 1996. tions throughout history. f This is wrong. The IRS must be above par- Mr. Toriskie had a distinctive style. He liked PAYING TRIBUTE TO THE tisan politics. TaxpayersÐindividuals and or- to mingle with his audience during breaks. He FORWARD exuded the good, happy, honest life. His ganizations alikeÐmust be assured that one friends knew him as a genuine person and a of the most important agencies in the Federal truly nice man. Government is run in a fair, nonpartisan man- HON. MICHAEL P. FORBES He is survived by his wife, Dolores, daugh- ner. Americans deserve to rest easy knowing OF NEW YORK ters, Christine Mackerty and Nancy Adams; that the IRS is working in an objective, even- IN THE HOUSE OF REPRESENTATIVES and grandchildren, Michael and Katie handed way to assess and collect taxes owed Friday, March 21, 1997 Mackerty. to the Federal Government. Americans de- Mr. FORBES. Mr. Speaker, I rise today to He will be deeply missed. serve this. ask my colleagues in the U.S. House of Rep- f That is why I am today introducing legisla- resentatives to join me in paying tribute to the tion which bolsters the integrity of the Internal Forward, the king of New York's ethnic news- IRS COMMISSIONER LEGISLATION Revenue Service by ensuring that the IRS is papers that has given voice to this city's Jew- managed by an independent Commissioner, ish community since 1897. HON. FRANK R. WOLF judged by his or her peers to be well-qualified For 100 years, Forverts has brought the OF VIRGINIA to run the agency. My bill does two important news to New York's Jewish immigrant commu- IN THE HOUSE OF REPRESENTATIVES things. First, the legislation establishes a new nity in their native tongue, Yiddish. Considered objective selection process for the IRS com- Friday, March 21, 1997 by many as the exemplar of ethnic news- missioner. Second, the legislation establishes papers in a metropolis that supports more Mr. WOLF. Mr. Speaker, today I am intro- a set 6-year term for the Commissioner, and than 100 of these, the Forward has been ducing legislation to ensure that the job of In- thereby provides an important degree of inde- hailed by no less than legendary New York ternal Revenue Service Commissioner is filled pendence from the President. newspaperman Pete Hamill as the model for by a person well qualified for this important, Under the provisions of this legislation, 150 all newspapers. sensitive position who is insulated from politi- days prior to the expiration of the Commis- The story of the Forward begins with one of cal vagaries and undue influence. sioner's term, or when a vacancy occurs, a the landmark developments of this Nation's Are certain nonprofit groups the targets of special selection commission is established to history, the great European immigration that IRS audits? Is the IRS motivated by politics in consider potential candidates for commis- began during the latter part of the 19th cen- determining which individuals or groups are sioner. This commission will be comprised of tury. The forward, and thousands of journals audited? Shortly after the White House Travel peers qualified to assess the qualifications of like it, was published for the 21¤2 million Jews Office employees were fired in 1993, IRS potential candidates. from Eastern Europe who poured through auditors began auditing UltraAir, a charter air Specifically, the commission will consist of great immigrant ports like Ellis Island between company which had done business with the five individuals having professional contacts 1881 and 1925. Its first great editor was Abra- Travel Office and which was the subject of un- with the IRS, appointed by the following orga- ham Cahan, a literary genius and acclaimed founded rumors about securing Travel Office nizations: First, a representative from the author who created a daily that was best de- work using kickbacks. Two years later, and American Institute of Certified Public Account- scribed as a kind of running Talmudic text for after untold costs to the Government and the ants who is a certified public accountant; sec- the secular cultural life of the Yiddish-speaking airline, UltraAir was cleared of any wrong- ond, a representative from the American Bar masses. Its mix of sensationalism and serious- doing. Was this audit one of political retribu- Association who is a member of the Tax Divi- ness was supplemented by the fictions, es- tion or an attempt to justify Travel Office sion; third, a scientist from the National Acad- says and poetry of the great names of Yiddish firings? emy of Scientists; fourth, an engineer from the literature. Though he won a Nobel Prize for lit- Are IRS functions governed by objective in- Institute for Electronic and Electrical Engi- erature in 1978, Isaac Bashevis Singer first terpretation and application of the tax code or neers; and fifth, an economist from the Amer- published his fictional work in the Forward. are they directed by other interests? Almost ican Economics Association. In the 1920's when the Forward wielded daily, news reports are filled with allegations No later than 60 days after the commission more influence than many of New York's Eng- that the IRS is actually being run by politicians is established, the commission submits to the lish-language newspapers, this Yiddish daily rather than career professionals, mindful of the President a slate of qualified candidates. The boasted a circulation of more than a quarter fact that a well-placed, well-timed audit could President then selects his nominee from that million. In 1947, the paper's 50th anniversary have significant political rewards. slate. Once approved by the Senate and party was so large it was staged in Madison Far too many believe the IRS is an agency sworn in, the new IRS commissioner then Square Garden. It has even been said that the manipulated by powerful people with political serves for a 6-year term. Forward's influence was so great, that it motives. Far too many believe that the IRS is This selection process is similar to the proc- helped elect Meyer London to the U.S. House used as a political tool of the presidencyÐper- ess used to select the comptroller of the Gen- of Representatives in 1914. haps used to distract the oppositionÐperhaps eral Accounting Office. In that instance, a spe- May 25, 1990, was a historic day in the life an audit will work to divert the opposition's cial commissionÐcomprised of members of of the Forward. After 93 years of publishing time, attention, and resources toward tax com- the House and SenateÐis established to con- solely in Yiddish, the Forward produced its pliance matters rather than in pursuing their sider potential candidates for the position and first English-language edition. Not an English ideological goals. Can we call in the IRS and to present to the President a slate of qualified translation, but a new entity that shares only neutralize the opposition? candidates for his consideration. This process a Manhattan office and the rich heritage of the Ask your constituents what they fear most has worked well for many years and has re- original Forward. Led by president and editor from the Federal Government and nearly all sulted in well-qualified persons serving as Seth Lipsky, formerly an editor of the Wall will say that one of their greatest fears is comptroller. I am convinced that the position Street Journal, the English-language edition learning that they are being audited by the of IRS Commissioner would benefit from a has quickly staked its claim as the leading IRS. Not only does the IRS audit raise great similar commission comprised of qualified indi- secular newspaper covering the Jewish-Amer- concern, but for many who find themselves viduals routinely doing business with the IRS. ican community. Today, the Forward also pub- the focus of an audit, those concerns are Let us follow the model provided and establish lishes a Russian-language edition. March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E567 Though the Forward has always had a se- former vice president and board member of led to his promotion in 1976 to the post of lect readership, the issues and events found National Council of Jewish Women. She is Deputy Area Administrator for area 2. This po- on its news pages are as diverse as the city also a member of the Auxiliary of Central New sition was followed in fairly rapid succession it class home and the world that it covers. Jersey Home of the Aged. A life member of by a series of increasingly responsible posi- From politics to the arts, editorial cartoons to Hadassah, she has been an active volunteer tions within the school district's administrative commentary, the Forward covers the entire in the South Brunswick school system for the offices. range of the Jewish diaspora. past 14 years, where she has served as cul- On October 5, 1992, Sid became the 42d In its early years, the Yiddish Forward tural arts chairperson, and also worked on the Superintendent and the first African-American helped generations of European Jews absorb Anne Frank exhibit. to lead the Nation's second largest school dis- the American way of life, and today this leg- The Tanzmans reside in South Brunswick trict. His appointment catapulted him into the endary newspaper is still the paper of record with their two children, Jill and Brett. limelight as he confronted the mammoth chal- covering the Jewish community. That is why I The gala will be held at the Excelsior in lenge of overhauling and restructuring the ask my colleagues in the U.S. House of Rep- Manalapan, NJ. I would also like to pay tribute school districtÐa move directed at concentrat- resentatives to join me in saluting the Forward to the chairperson for the event. Al and Lynn ing greater decisionmaking authority at the on its 100th anniversary. Rappaport, and Elliot and Jackie Brooks, and local school level. f Ad Journal chairpersons Stuart Mitnick, Walter An affable and forthright individual, Sid has Rogers, Justin and Gittel Footerman and Ber- worked diligently with community groups and TRIBUTE TO BRENDA AND ROY nie Sadof, for all their hard work in putting to- with local, State, and Federal officials in pur- TANZMAN gether what will be, I am sure, a tremendously suit of his goals. He has been a strong, force- successful event. ful, and effective advocate on behalf of chil- HON. FRANK PALLONE, JR. f dren and viable educational policies designed OF NEW JERSEY to enhance their potential for future academic IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO SIDNEY A. THOMPSON success. Mr. Speaker, as the 19th century English Friday, March 21, 1997 HON. JULIAN C. DIXON essayist John Ruskin once noted, ``The first Mr. PALLONE. Mr. Speaker, on Thursday, OF CALIFORNIA duty of government is to see that people have April 10, 1997, the first annual Chaver Award IN THE HOUSE OF REPRESENTATIVES food, fuel, and clothes. The second, that they will be presented by the Highland Park Con- have means of moral and intellectual edu- servative Temple of Highland Park, NJ, at its Friday, March 21, 1997 cation.'' I would submit that by his exemplary donor dinner dance to Brenda and Roy Mr. DIXON. Mr. Speaker, on Sunday, May career and example, Sid Thompson embodies Tanzman of South Brunswick, NJ, for extraor- 18, 1997, the Los Angeles Unified School Dis- this principle. Largely because of his dedica- dinary community service. trict [LAUSD] family will gather at the Ritz- tion, his love of education, and his leadership, The Chaver Award was inspired by Presi- Carlton Hotel in Marina Del Rey to pay hom- the children of Los Angeles are better pre- dent Clinton's eulogy to Prime Minister Yitzhak age to their leader Superintendent Sidney A. pared to face the challenges of the future. RabinÐ``Shalom, ChaverÐPeace, Friend.'' Thompson. Sid, as he is affectionately known I am, therefore, proud to have this oppor- The award will be given to those community by his colleagues, family, and many friends, is tunity to congratulate him on his outstanding leaders whose commitment involves an emo- retiring from the school district after a distin- contributions to the citizens of Los Angeles. tional and personal feeling for the value of guished and exemplary career spanning more He has been a true champion of quality edu- continued giving of themselves for the greater than 40 years. An educator's educator, I am cation for all children, and his presence at the good of allÐin short, those who are true privileged to count him as my friend, and am helm of the Los Angeles Unified School Dis- friends of the community. pleased to share this brief retrospective of this trict will be sorely missed. Mr. Speaker, it is a great honor and pleas- extraordinary individual with my colleagues. As Sid prepares to embark on what I trust ure for me to join the Highland Park Conserv- Born in Los Angeles, CA, on May 9, 1932, will be a long, prosperous, and healthy retire- ative temple in paying tribute to Roy and Bren- Sid attended Dayton Heights Elementary ment, I wish him and his lovely wife, Julia, da Tanzman. The Tanzmans have been com- School, Virgil Junior High School, and grad- calm seas and cloudless skies as they sail munity leaders in many ways, having served uated at the age of 16 from Belmont High aboard their beloved sailboat ``Havarim.'' on numerous civic and religious boards, given School. Thank you Sid. Well done, my friend. assistance to a wide range of projects, and led After graduation, Sid was faced with genu- f missions to Israel. They and their entire family ine conflict concerning his career choices. Im- IN MEMORY OF A FIGHTING have been excellent role models for the entire bued with a deep love of the sea, yet keenly IRISHMAN community. The list of organizations that they aware of the necessity and importance of a have led, supported, or been involved with is college education, he arrived at the perfect so- a long one. lution to combine both dreams. He success- HON. DENNIS J. KUCINICH Roy Tanzman serves as first vice president fully passed the entrance exam for the U.S. OF OHIO of the Highland Park Temple. He is the presi- Merchant Marine Academy, located in Kings IN THE HOUSE OF REPRESENTATIVES dent-elect of the Jewish Federation of Greater Point, NY, but was forced to sit out the year Friday, March 21, 1997 Middlesex County, chairman of AIPAC of Mid- since he was not yet 17. Mr. KUCINICH. Mr. Speaker, I rise to honor dlesex County and chairman of the Middlesex Sid graduated from the academy in 1952 the memory of Martin Patrick Cooney, Sr., a County Israel Bond Organization. Among other with a bachelor of science degree and soon native of the west side of Cleveland who was activities and associations, Mr. Tanzman has thereafter enlisted in the U.S. Navy, rising to dedicated to the Irish community. served with the National Conference of Chris- the rank of lieutenant. He was stationed Because of his tireless efforts on behalf of tians and Jews, the New Brunswick Cultural aboard the U.S.S. Rochester during the Ko- the Irish community, in 1994 he was chosen Arts Committee, the Woodbridge Township rean war. Man of the Year by the very Irish Heritage School District, the South Brunswick Demo- Following his tour of duty, he returned to Club he helped to found. He was once host to cratic Committee, and as a coach for youth Los Angeles. In 1956 he joined the faculty of the Archbishop of Dublin and a member of soccer, basketball and baseball in South Pacoima Junior High School where he taught Irish Parliament. Brunswick. A partner with the law firm of mathematics, rising to department Chair. Mr. Cooney, a member of Pipefitters Local Wilentz, Goldman and Spitzer, Mr. Tanzman While at Pacoima, he entered California State 120, retired after 30 years as a pipefitter for serves on the Middlesex County Bar Associa- University, Los Angeles, earning a master's the city of Cleveland. tion, the New Jersey Bar Association, the New degree in school administration in 1960. His Mr. Cooney was a gifted Irish tenor. And York Bar Association and the Middlesex Coun- assent to greater heights and responsibilities throughout his 76 years of vibrant life and ty Board of Realtors. was just beginning. more than 20 trips to Ireland, he accumulated Brenda Tanzman is a former board member In 1965, Sid was named Assistant Principal a wealth of knowledge on his heritage as well of the Highland Park Temple, and has chaired at Maclay Junior High School. Four years as the lineage of several Irish families in many temple projects, including being dinner later, he became Principal of Markham Junior Cleveland. dance co-chairwoman. She has served as High School and from 1971±1976, served as He is survived by three daughters, a son, chairperson of the children's holiday projects Principal of Crenshaw High School. His im- and seven grandchildren; as well as a sister of the sisterhood of the temple. She is a pressive administrative and managerial skills and brother, and dear friends. E568 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 We will miss him terribly. SECTION 1. FINDINGS. water to residents of my State, much work re- f The Congress finds that— mains to be done. Fall River County and Per- (1) the United States has fought in many kins County are examples of areas that ur- HONOR OUR POW/MIA’S wars, and thousands of Americans who gently need to develop new sources of potable served in those wars were captured by the enemy or listed as missing in action; water. That is why I am introducing bills today HON. JANE HARMAN (2) many of these Americans are still miss- to authorize the construction of the Fall River OF CALIFORNIA ing and unaccounted for, and the uncer- Water Users District Rural Water System and IN THE HOUSE OF REPRESENTATIVES tainty surrounding their fates has caused the Perkins County Rural Water System. their families to suffer tragic and continuing The communities that would be served by Friday, March 21, 1997 hardships; both systems are comprised of farmers and Ms. HARMAN. Mr. Speaker, yesterday, I in- (3) as a symbol of the Nation’s concern and ranchers who have had to endure sub- troduced legislation that requires the flying of commitment to accounting as fully as pos- standard, and at times remote, sources of the POW/MIA flag, a symbol of the Nation's sible for all Americans still prisoner, miss- drinking water. The drinking water available in commitment to service men and women held ing, or unaccounted for, Congress has offi- Fall River County, SD, like the water in much cially recognized the National League of of the rest of the State, is contaminated with prisoner or missing, at Federal facilities, in- Families POW/MIA flag and seeks further to cluding U.S. post offices. The bipartisan bill, honor those Americans who in future wars high levels of nitrates, sulfates, and dissolved H.R. 1161, is in response to a recent incident may be captured, or listed as missing or un- solids. Wells have been known to run dry, due where South Bay veterans were barred from accounted for; and to the high frequency of droughts in the re- flying the flag at U.S. post offices in Lomita (4) the American people observe and honor gion. Many people currently must haul water, and Rolling Hills Estates. with appropriate ceremony and activity the sometimes as much as 60 miles round-trip. There is no doubt that we need to secure a third Friday of September each year as Na- Similar problems exist in Perkins County, full accounting of the men and women who tional POW/MIA Recognition Day. where much of the drinking water fails to meet fought for our Nation's flag and who were cap- SEC. 2. DISPLAY. minimum public health standards, there by tured by the enemy or listed as missing. Hav- The POW/MIA flag shall be displayed on posing a long-term health risk to the citizens Armed Forces Day, Memorial Day, Flag Day, ing the POW/MIA flag flown at Federal offices of that region. Independence Day, Veterans Day, National My first bill would authorize the construction and facilities will help us remember the work POW/MIA Recognition Day, and on the last still to be done for these courageous individ- of a system to bring clean water to the resi- business day before each of the preceding dents of Fall River County. I am absolutely uals and their families. One of the individuals holidays, on the grounds or in the public lob- committed to continuing to work with the Fall leading the effort to have the POW/MIA flag bies of— River County Water Users District, the State flown prominently around the Nation is David (1) major military installations as des- and the Federal Government to bring a high Albert, a councilman in the city of Lomita. ignated by the Secretary of Defense; quality water supply to Fall River County. Mr. Speaker, I drafted the bill in response to (2) Federal national cemeteries; (3) the national Korean War Veterans Me- Under the second bill I am introducing complaints from Councilman Dave Albert and morial; today, the Perkins County Rural Water System veterans' groups who were recently denied (4) the national Vietnam Veterans Memo- will obtain Missouri River water through the permission to fly the distinctive black and rial; southwest pipeline, which is part of the Garri- white flag at a POW/MIA memorial at the (5) the White House; son Diversion Unit in North Dakota. This is an Lomita Post Office. A short time later, a POW/ (6) the official office of the— efficient and cost-effective approach that takes MIA flag flying over the post office in Palos (A) Secretary of State; advantage of existing water management in- Verdes was ordered removed by postal au- (B) Secretary of Defense; (C) Secretary of Veterans Affairs; and frastructure. Clean, safe drinking water will be thorities. provided to about 2,500 people who reside in The apparent intent of the Postal Services' (D) Director of the Selective Service Sys- tem; and the towns of Lemmon and Bison, and the sur- regulation was to insulate local postmasters (7) United States Postal Service post of- rounding areas. from requests to fly flags other than the U.S. fices. In my experience as director of the South flag. When recently asked, Postmaster Gen- SEC. 3. REPEAL. Dakota Municipal League, I realize the critical eral Marvin Runyon responded that he saw no Public Law 102–190 (36 U.S.C. 189 note), re- role water plays in a community's develop- need to change the regulations. I'm dis- lating to display of the POW/MIA flag, is re- ment. Without a safe and affordable water appointed by his answer. Postmasters are pealed. supply, cities and towns are at a severe dis- members of local communities and should be SEC. 4. REGULATIONS AND DEFINITION. advantage. Current and future residents need permitted to accommodate requests to fly (a) REGULATIONS.—Within 180 days after the assurance that this basic, but vital re- flags, particularly one like the POW/MIA flag, the date of enactment of this Act, the agen- source will be there. Farm and ranch opera- which Congress has officially recognized as cies or departments responsible for the loca- tors, small businesses, and manufacturers the symbol of our Nation's commitment to tions listed in section 2 shall prescribe such alike depend upon this resource. those still missing and unaccounted for. regulations as necessary to carry out the The people of Perkins County and Fall River provisions of this Act. County have gone great lengths to provide for Currently, the POW/MIA flag is required to (b) DEFINITION.—As used in this section, be flown only at national cemeteries on at the term ‘‘POW/MIA flag’’ means the Na- themselves. They do, however, need some most 3 days a year. H.R. 1161, supported by tional League of Families POW/MIA flag rec- assistance in building the infrastructure nec- the National League of Families of American ognized officially and designated by section 2 essary to supply water. These two bills will Prisoners and Missing in Southeast Asia, ex- of Public Law 101–355. supplement those efforts and ensure growth pands the number of Federal sites where the f and sustainability for these areas of South Da- flag will be flown. It also requires that the flag kota. be flown on several specific national holidays INTRODUCTION OF LEGISLATION It is my hope that my colleagues will join associated with patriotism: Armed Forces Day, with me in supporting these two pieces of leg- Memorial Day, Flag Day, Independence Day, HON. JOHN R. THUNE islation, which will provide safe, clean drinking water to deserving South Dakota families. Veterans Day, and National POW/MIA Rec- OF SOUTH DAKOTA f ognition Day. IN THE HOUSE OF REPRESENTATIVES I thank International Relations Committee Friday, March 21, 1997 INTRODUCTION OF LEGISLATION Chairman BEN GILMAN, Rules Committee TO END THE USE OF STEEL JAW Chairman GERALD SOLOMON, STEVE HORN, JIM Mr. THUNE. Mr. Speaker, the need for LEGHOLD TRAPS IN THE UNITED RAMSTAD, PETER KING, MIKE MCNULTY and TIM water development throughout South Dakota STATES HOLDEN for joining me as original cosponsors is great. Nothing is more important to the of this bipartisan bill. health of ranchers and farmers, and people I invite my other colleagues to join as well living in rural areas and small towns than safe HON. NITA M. LOWEY OF NEW YORK and I am pleased to share the text of the bill drinking water. Access to a quality water sup- IN THE HOUSE OF REPRESENTATIVES with them. ply is absolutely essential. As we approach H.R. 1161 the 21st century, we should do whatever it Friday, March 21, 1997 Be it enacted by the Senate and House of Rep- takes to guarantee that need is met. Mrs. LOWEY. Mr. Speaker, yesterday I in- resentatives of the United States of America in While considerable progress has been troduced, along with my colleague from Con- Congress assembled, made in providing clean and safe drinking necticut, CHRISTOPHER SHAYS, legislation to March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E569 end the use of steel jaw leghold traps in the they could fit all those who were eager about foreign post. Ms. Mertz endorsed the check for United States. The majority of Americans be- getting to know Christ. So, with the help of the deposit only and enclosed it in a diplomatic lieve this measure is long overdue. I hope this community, the Tetricks were able to purchase pouch for deposit in her credit union in the House will debate and pass it as soon as pos- a local church and converted it into the IM- United States. sible. PACT Youth Center. In nearly any other circumstance, this would Steel jaw leghold traps slam with bone- Today, over 150 young people join Mike be the end of the story. In this case, the diplo- crushing force upon their victims. These de- and Tammy in celebration. The IMPACT cen- matic pouch arrived at its destination in the vices are completely nonselective. They ter has had a tremendous response. At their United States, but Ms. Mertz's check was no threaten small children, cherished pets, and meetings, local pastors like pastor Larry longer in the pouch. It remains unknown to endangered species. Less cruel trapping alter- McCormick, of the First Assembly of God this day how the pouch was tampered with, or natives exist for the 2,100 Americans that earn Church, come to teach these young men and how the check was removed. Ms. Mertz right- their living by hunting or trapping. women. Afterward, the center provides a place fully expected the pouch to be a safe means A recent survey demonstrated that three out where young people can come together. of depositing her payment to her bank. of four Americans believe the trap should be Some join together for further prayer. Others After some time the check was traced, for if prohibited. This past November, Colorado and enjoy the video games. Games donated by it had been merely lost it could have been Massachusetts joined New Jersey, Florida, Dwayne Mottia of Mottia Amusements. canceled and replaced. It turns out the check and Rhode Island in outlawing the use of The youth center provides a positive outlet was falsely deposited in a foreign bank, and these traps; several other States are consider- for these youngsters. The IMPACT youth cen- by the time this was discovered the bank had ing similar laws. The American people want ter has effected these young people in an ex- gone out of business with no successor the traps outlawed now. The best way to ac- traordinary way. Since the center has opened named for its debt. There was no recourse complish that is by passing my legislation. the enthusiasm of the community has grown. against this foreign institution, no recourse Let me add, Mr. Speaker, that it's not just Just last week, the young men and women against the State Department for losing the the American people that oppose the use of took the initiative to rid themselves of ciga- check, no recourse against the Treasury which these traps. Eighty-eight nations have already rettes, pornographic magazines, and CD's with had paid once, albeit incorrectly, on that banned the use of these inhumane traps. The explicit language. These young Hoosiers had check. After years of research and contact belief in this ban is so strong in Europe that decided they had grasped onto something with her representatives in Congress, it is the European Parliament adopted a law pro- more meaningful in their life. clear there is no recourse under current law hibiting the importation of furs from nations Today I recognize those involved with the for Ms. Mertz. It is equally clear that the last that continue to use these devices. When this IMPACT youth center for their celestial effect known location of the check was in U.S. Gov- law is implemented, the United States will no on the community. The IMPACT center has ernment possession, and no explanation has longer be able to export furs to EuropeÐun- also strived at helping local organizations. The been offered as to how this check ended up less we pass this bill. young members raised a money to purchase in the hands of the criminals who illegally de- Mr. Speaker, in the 104th Congress, more gifts for those in the Franklin Juvenile Center. posited it in a foreign institution. than 90 Members cosponsored H.R. 1404, They are currently in the process of collecting Since all other avenues of recourse have which is nearly identical to the bill Congress- a 1,000 pounds of food for the victims of the been attempted and my constituent has not man SHAYS and I are introducing today. As floods in southern Indiana. This type of com- recovered her funds, I introduced this legisla- news of this legislation spreads, I expect we mitment is not only commendable but truly tion for relief to address these issues and will gain even more congressional support. amazing. allow Ms. Mertz to receive the reimbursement I hope we can hold hearings on the issue These are the lessons we must all strive to she is due. quickly, and then bring this bill to the floor. I teach our young people; so that they will have f invite all of my colleagues to join me in push- the values necessary to become good citizens ing for the elimination of these cruel and un- and tomorrow's leaders. TRIBUTE TO ANDREW STEVENS necessary traps once and for all. The IMPACT youth center also organized a f band consisting of Mike Tetrick, Gobel HON. TOM LANTOS Brockman, James Burton, Allen Burton, Tim OF CALIFORNIA REPORT FROM INDIANA—IMPACT Burton, Tammy Tetrick, and Jim and Tracy IN THE HOUSE OF REPRESENTATIVES YOUTH CENTER Burton. This band enthusiastically plays at Friday, March 21, 1997 drug centers, mission and juvenile centers HON. DAVID M. McINTOSH throughout the surrounding community. Their Mr. LANTOS. Mr. Speaker, I rise today to OF INDIANA faith and effort give others hope. It gives us all pay tribute to Mr. Andrew Stevens, a dear IN THE HOUSE OF REPRESENTATIVES hope. friend, a fellow Californian, and a prominent businessman and civic leader. Andrew was Friday, March 21, 1997 So today I commend each and everyone in- volved in with the IMPACT youth center and presented the Golden Cross of the Order of Mr. MCINTOSH. Mr. Speaker, I rise today to encourage them to continue with their mission. Merit of the Republic of Hungary by the Hun- give my Report From Indiana. All across Indi- They truly are Hoosier Hero's. garian Consul General in Los Angeles, Mr. ana, my wife Ruthie and I have met so many Mr. Speaker, that concludes my report from Imre Helyes, at a recent ceremony in Los An- wonderful, kind and caring people. these are the Second District of Indiana. geles. people who strive day and night to make a dif- Names to be entered into the RECORD: Pas- In his letter informing me that Andrew Ste- ference. In my book, these individuals are tor Jamie Vance, Pastor Mike Whited, Pastor vens would be honored, Mr. Helyes explained Hoosier Heros. Heros in every sense of the Tim Dillingham, Youth Pastor Nick Whited, why the decision was made to grant this word, because of their commitment to others. Youth Pastor Rodney Burton, Pastor Byron award. In particular, the Hungarian Govern- I would like to share with you a story from Fritz, Youth Pastor Ron Strieval, and Youth ment wanted to recognize Andrew's coura- Edinburgh, IN, a little town in Johnson County, Pastor Tim Barrett. geous actions during the Holocaust: about true commitment driven by faith. A f In spite of his youth, Mr. Stevens’ courage young couple, whose devotion to God and the and bravery drove him enthusiastically to community, have inspired them to open a H.R. 1143 become a ‘‘rebel with a cause.’’ He took part place for young people to come develop a bet- in a number of broad-ranging, life-saving ac- ter relationship with Christ. Mike and Tammy HON. BRUCE F. VENTO tivities in Budapest under the masterful Tetrick started the IMPACT youth program, guidance of the famous and heroic Swedish OF MINNESOTA Diplomat, Raoul Wallenberg. Without con- which stands for Informing Many People About IN THE HOUSE OF REPRESENTATIVES cern for his own safety, Mr. Stevens rescued Christ. Friday, March 21, 1997 a large number of our persecuted country- Their mission began 2 years ago where men from almost certain death towards the they held their first meeting in their living room Mr. VENTO. Mr. Speaker, yesterday I intro- last period of the Second World War. Fortu- with 20 children. As the meetings progressed duced a private bill on behalf of Ms. Mary nately, some of these individuals are still so did the number of young people who came Mertz, a constituent and employee of the U.S. alive and attested to the dangerous feats un- to the Tetrick's door in hope of finding their State Department. In 1988, Ms. Mertz re- dertaken by Mr. Stevens. faith. They knew that they could no longer ceived a reimbursement check for moving ex- Mr. Speaker, I most enthusiastically wel- hold everyone and had to find a place where penses, as she had just transferred to a new come the presentation of this well-deserved E570 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 honor to Andrew. It is an appropriate tribute stated preference for time off rather than over- IN HONOR OF THE PARISHIONERS for his remarkable efforts during those time pay. For example, employers could OF THE CHURCH OF ST. LEO THE harrowing and darkest of days in Budapest screen job applicants or assign overtime to GREAT ON THEIR 25TH ANNIVER- during 1944. Andrew repeatedly risked his employees according to their willingness to ac- SARY own life to save the lives of others. He was cept comptime. motivated not simply by the instinct to survive Another flaw with H.R. 1 is that it gives em- HON. DENNIS J. KUCINICH ployers too much authority over when an em- and to preserve himself, but by the drive and OF OHIO ployee could take the comptime he or she has the passion and the commitment to help oth- IN THE HOUSE OF REPRESENTATIVES ers, and that is what makes Andrew unique. earned. Employers would have the power to For all of these reasons, Mr. Speaker, it is deny an employee's request for comptime on Friday, March 21, 1997 most appropriate and meaningful that Andrew the grounds that it unduly disrupts their busi- Mr. KUCINICH. Mr. Speaker, I rise to honor Stevens has been honored by President ness operations, or they could deny the re- the dedication and achievement of the parish- Goncz of Hungary and by the people of Hun- quest for the day requested and instead offer ioners of the Church of St. Leo the Great of gary in presenting to him this high honor. It is another day which suits the employer's sched- Cleveland, OH, on their 25th anniversary. also a tribute to the Government and people ule. With employees thus having insufficient Approximately 120 members have assisted of the newly democratic Hungary that they say over when their earned comptime can be the pastor and associates with a multitude of have chosen to honor Andrew Stevens. used, the goal of providing flexibility for work- volunteer work. They have performed the im- Mr. Speaker, the people of the United ers to attend to family matters has not been portant functions of acolytes, readers, and eu- States are fortunate to have as an honored achieved. charistic ministers. They have contributed a citizen of our Nation a man of integrity, com- By reducing opportunities for overtime pay, portion of their earnings to the Vincent De passion, and commitment such as Andrew H.R. 1 is particularly damaging to the many Paul Society, which looks after the poor of the Stevens. America is richer for his life and for workers in today's economy who depend on parish. They have visited the sick and aged at the contributions he has made to his adopted overtime to maintain a decent standard of liv- hospitals and nursing homes. They have sung country. ing for themselves and their families. Fully in the choir and they have helped families in It is my sincere hope, Mr. Speaker, that the two-thirds of the workers who earned overtime their times of mourning. awarding of this honor to Andrew will strength- in 1994 had a total family income of less than St. Leo's volunteers give of themselves, and en the ties of mutual friendship between the $40,000. For these many workers at the low in doing that, they make Cleveland a better United States and Hungary. I invite my col- end of the wage scale, the extra dollars place. leagues in the Congress to join me in paying earned from overtime can mean the difference f tribute to Andrew Stevens. between family self-sufficiency and govern- BOB DORNAN’S DAY f ment dependence. At a time when we are rightly demanding that people move from wel- WORKING FAMILIES FLEXIBILITY fare to work, we must not remove a basic HON. GEORGE W. GEKAS ACT OF 1997 safeguardÐovertime pay for hours worked in OF PENNSYLVANIA excess of 40 per weekÐthat has allowed low- IN THE HOUSE OF REPRESENTATIVES SPEECH OF wage workers to stand on their own. HON. EARL POMEROY Unlike the majority's bill, the Democratic Friday, March 21, 1997 substitute ensures that the choice for Mr. GEKAS. Mr. Speaker, if Bob Dornan OF NORTH DAKOTA comptime will be exclusively the employee's had appeared in the well during the recent St. IN THE HOUSE OF REPRESENTATIVES so that those who depend on overtime pay to Patrick's period, he would have recited the fol- Wednesday, March 19, 1997 make ends meet will not be forced to abandon lowing, which he described as coming from an The House in Committee of the Whole this important source of income. In addition to Irish voice. House on the State of the Union had under requiring that it be the employee who requests We appreciated Bob Dornan's wonderful consideration the bill (H.R. 1) to amend the comptime, the Democratic substitute also re- flights of history and rhetoric and we do this in Fair Labor Standards Act of 1938 to provide quires employers to offer comptime to all em- his stead and in his honor. compensatory time for employees in the pri- ployees who are similarly situated. The major- The article follows: vate sector: ity's bill, on the other hand, would allow em- I arise today Mr. POMEROY. Mr. Chairman, I wish to ex- ployers to pick and choose which employees Through a mighty strength, the invocation press my opposition to the so-called Working will be offered comptime. The Democratic sub- of the Trinity, Families Flexibility Act, H.R. 1. While skillfully stitute also exempts from the comptime provi- Through belief in the threeness, titled, this legislation will not, in fact, help to- sions certain segments of the work force that Through confession of the oneness Of the Creator of Creation. day's working families cope with the struggles are particularly dependent on overtime wages, they face. Instead, this legislation will make including part-time, temporary, and seasonal I arise today Through the strength of Christ’s birth with life harder for those who toil each week to pro- workers, and those in the garment, construc- his baptism, vide for their families. Perhaps it is uninten- tion, and agriculture trades. Through the strength of his crucifixion with tional, but unfortunately this bill represents yet Mr. Chairman, the overtime provisions of the his burial, another proposal put forth by the majority Fair Labor Standards Act have served this Na- Through the strength of his resurrection which will increase the strain on working fami- tion well. They protect workers from demands with his ascension, lies and jeopardize our Nation's basic work- for excessive work, rewardÐin a financially Through the strength of his descent for the place protections. The Democratic substitute meaningful wayÐthose who put in extra time judgment of Doom. that I support, on the other hand, offers em- for their employer, andÐby requiring premium I arise today ployees the work schedule flexibility they de- pay for overtimeÐprovide an incentive for Through the strength of the love of Cheru- sire while ensuring that the choice for com- businesses to create additional jobs. Thus, we bim, In obedience of angels, pensatory time off rather than overtime pay is must proceed carefully when enacting legisla- In the service of archangels, truly voluntary. tion which makes changes to our overtime In hope of resurrection to meet with reward, H.R. I attempts to offer workers a choice be- laws, even for the laudable goal of giving em- In prayers of patriarchs, tween overtime pay and compensatory time ployees greater flexibility with respect to their In predictions of prophets, off when they work more than 40 hours per work schedules. Unfortunately, H.R. 1 does In preaching of apostles, week, a goal which many of us would agree not demonstrate the requisite legislative cau- In faith of confessors, is reasonable. However, the bill does not as- tion. It weakens the Fair Labor Standards In innocence of holy virgins, sure that the employer-employee agreements Act's overtime provisions while giving employ- In deeds of righteous men. on this subject will be truly voluntary. Under ers additional authority over the work sched- I arise today the bill, employers who wish to offer compen- ules of their employees. This is not the way to Through the strength of heaven, Light of sun, satory time rather than overtime retain author- help today's working families. Instead, we Radiance of moon, ity to impose this choice on their employees. should pursue the course laid out in the Splendor of fire, Today's workers, who face a climate of re- Democratic substituteÐoffer flexibility to em- Speed of lightning, duced job security and corporate downsizing, ployees while protecting absolutely their ability Swiftness of wind, will find it difficult to reject their employers to choose overtime rather than comptime. Depth of sea, March 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E571 Stability of earth, It is a tragic fact that sometimes a mother's to preserving the health and future fertility of Firmness of rock. health is threatened by the abnormalities of American women and to upholding the U.S. I arise today the fetus that she is carrying. When this oc- Constitution. Through God’s strength to pilot me, curs the mother is faced with a terrible deci- f God’s might to uphold me, sion whether to carry a fetus suffering from God’s wisdom to guide me, fatal anomalies to term and in so doing jeop- TRAGEDIES ARE EYE-OPENING God’s eye to look before me, God’s ear to hear me, ardize her own health and future fertility or God’s word to speak for me, whether to abort the fetus and preserve her HON. SCOTTY BAESLER God’s hand to guard me, chances of bringing a later healthy life into the OF KENTUCKY God’s way to lie before me, world. IN THE HOUSE OF REPRESENTATIVES God’s shield to protect me, When a woman is faced with this type of Friday, March 21, 1997 God’s host to save me, painful circumstance, it is one that she should From snares of devils, face free from Government interference. This Mr. BAESLER. Mr. Speaker, tragedies are From temptations of vices, is too intimate, too personal, and too fragile a eye-opening. They reveal a great deal about From everyone who shall wish me ill, decision to be a choice made by the Govern- the human spirit. They teach us about the Afar and anear, value of things we often take for granted in Alone and in multitude. ment. We should protect the sanctity of the woman's right to privacy and of the home by our fast-paced workaday world. Natural disas- I summon today all these powers between me ters have a way of changing our smug as- and those evils, letting this choice remain in her hands. Fami- lies and their physicians, not politicians, sumptions about being self-made people who Against every cruel merciless power that can live to ourselves and by ourselves. may oppose my body and soul, should make these difficult decisions. It is a decision that should be between a woman, her Nevertheless, after nights of rain and ruin, Against incantations of false prophets, floodwaters and frustration, storm damage and Against black laws of pagandom, spiritual leader, and her God. Against false laws of heretics, I am reminded of the story of King Solomon. damaged nerves, mud and swamped homes Against craft of idolatry, In that story Solomon is faced with deciding and businesses, we are ready to learn a little Against spells of witches and smiths and wiz- between two women who claim that a certain more about the human spirit and the need for ards, male child is their own. The power and author- community. Against every knowledge that corrupts ity to determine to whom that child belongs The recent weather threw Kentucky a curve man’s body and soul. rests only with King Solomon, but in his wis- ball. Streets became canals and roadways be- Christ to shield me today, dom this man gave those mothers the power came rivers. Cars and trucks competed with Against poison, against burning, to choose the child's fate. In his wisdom, King boats and rafts for the right of way. Flood- Against drowning, against wounding, waters transformed neighborhood parks into So that there may come to me abundance of Solomon realized that the relationship be- tween a mother and child is one with which tributaries as nature ran amok. reward, Yet during those dreary days, something re- Christ with me, Christ before me, Christ be- the State should not interfere. hind me, I believe that anti-abortion activists are truly markable occurred. The human spirit also un- Christ in me, Christ beneath me, Christ committed to preserving the sanctity of life. derwent a transformation. Not too long ago the above me, However, those Members in their wisdom, practice of bashing the Federal Government Christ on my right, Christ on my left, should accept a compromise that would pro- was the number one spectator sport. Not any- Christ when I lie down, Christ when I sit tect the health and life of the mother. With more in Kentucky. down, Christ when I rise, such an exception this legislation would have Homeowners and residents were, to say the Christ in the heart of every man who thinks least, grateful for the role played by officials of me, been made law last year and many of these procedures could have been averted. with the Federal Emergency Management Christ in the mouth of everyone who speaks Agency (FEMA). Not only was the agency of me, In addition, we can not ignore the fact that Christ in every eye that sees me, H.R. 1122 is unconstitutional. We, in Con- Johnny-on-the-spot in responding to the emer- Christ in every ear that hears me. gress, should not attempt to undercut the law gency, it also brought comfort to worried resi- I arise today of the land as set forth by the U.S. Supreme dents who saw their homes and hopes swal- Through a mighty strength, the invocation Court in Roe versus Wade. In Roe the Su- lowed by floodwaters. of the Trinity, preme Court held that women had a privacy From the Governor and other State officials Through belief in the threeness, interest in electing to have an abortion. This on down the line to local leaders, our public Through confession of the oneness, right is qualified, however, and so must be servants became just that: the servants of the Of the Creator of Creation. balanced against the State's interest in pro- people in need. They were at the top of their f tecting prenatal life. The Roe Court deter- forms too. Emergency crews worked around the clock PARTIAL-BIRTH ABORTION BAN mined that post-viability the State has a com- to ensure that Kentuckians would have the re- ACT OF 1997 pelling interest in protecting prenatal life and may ban abortion, except when necessary to sources not only to combat and cope with the SPEECH OF preserve the woman's life or health. In line flooding, but also to provide the means of re- with this decision, 41 States have already covering from its toll. The spirit of cooperation HON. SHEILA JACKSON-LEE passed bans on late term abortions, except came alive in the floodwaters and storm dam- OF TEXAS where the life or health of the mother is in- age. County officials worked across county IN THE HOUSE OF REPRESENTATIVES volved. lines to make sure that residents had bottled Thursday, March 20, 1997 In Planned Parenthood versus Casey, the water, dry clothing, and temporary ports in the Ms. JACKSON-LEE of Texas. Mr. Speaker, Court held that the States may not limit a storm. The business community pitched in. I rise this morning to voice my opposition to woman's right to an abortion prior to viability They hauled fresh water supplies by rail to H.R. 1122. H.R. 1122 as it is written now pre- when it places an ``undue burden'' on that weather-weary residents. They donated large sents us with a moral issue, a religious issue right. An undue burden is one that has ``the sums of money to help victims recover. and, as Members of Congress who have purpose or effect of placing a substantial ob- The disaster transformed ordinary citizens sworn to uphold the U.S. Constitution, a con- stacle in the path of a woman seeking an into local heroes. They pulled people from stitutional issue. abortion of a nonviable fetus.'' Let's not try to rooftop refuges and snatched weary drivers Partial-birth abortions are performed be- overturn the law of the land. from cars stalled in high water. The rescuers cause a physician, with the benefit of his ex- H.R. 1122 in its current form interferes with battled swift currents in rowboats, crossed pertise and experience, determines that, given a woman's access to the abortion procedure streams transformed overnight into raging riv- a woman's particular circumstances, this pro- that her doctor has determined to be safest for ers and battled mudslides to help residents cedure is the safest available to her; that this her, and so unduly burdens her right to from their inundated homes. is the procedure most likely to preserve her choose. It is therefore inconsistent with the Centuries ago someone asked the question, health and her future fertility. Only a doctor principles outlined in Roe and Casey, which ``who is my neighbor?'' Although the word can make this determination. We, in Con- have been reaffirmed by every subsequent comes from an old English word meaning gress, should not interfere with the close rela- Supreme Court decision on this issue, and so ``near dweller,'' the proximity of people does tionship that exists between a doctor and pa- is unconstitutional. not define neighborliness. tient; but more importantly her spiritual leader I ask my colleagues to vote against H.R. It is the proximity of the human heart during and her God. 1122 and in so doing signal their commitment the crisis moment that defines it. In a crisis E572 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1997 even a stranger can become a neighbor. The cogs in the art of survival. Neighbors not only each other cope with one of the worst natural fellowman becomes the object of our fellow got to know each other, they got to help each disasters to hit Kentucky in a generation. feeling, which can best be defined as the sym- other, creating bonds that will last a lifetime. In this one moment in time, the State really pathetic awareness of others. It started as an act of God. At least that is became a commonwealth: common men and Good Samaritans appeared overnight. what insurance companies call it. Yet it devel- women who summoned up the riches of the Neighbors pitched in to help each other and in oped into a drama of human beings acting on human spirit to help others. so doing, fortified themselves as important behalf of others. Everyone pitched in to help As we said, tragedies are eyeopening. Friday, March 21, 1997 Daily Digest Senate 2 Coast Guard nominations in the rank of admi- Chamber Action ral. Routine Proceedings, pages S2741–S2759 1 Army nomination in the rank of general. Measures Introduced: Two bills were introduced, 7 Navy nominations in the rank of admiral. as follows: S. 512–513. Page S2741 Routine lists in the Air Force and Army. Nominations Received: Senate received the follow- Pages S2758±59 ing nominations: Measures Placed on Calendar: Page S2741 Stuart E. Eizenstat, of Maryland, to be an Under Statements on Introduced Bills: Pages S2741±53 Secretary of State. Kenneth M. Mead, of Virginia, to be Inspector Additional Cosponsors: Page S2753 General, Department of Transportation. Adjournment: Senate convened at 11:59 a.m. and, Thomas R. Pickering, of New Jersey, to be an in accordance with S. Con. Res. 14, adjourned at Under Secretary of State. 12:02 p.m., until 12 noon, on Monday, April 7, Anabelle Rodriguez, of Puerto Rico, to be United 1997. (For Senate’s program, see the remarks of the States District Judge for the District of Puerto Rico. Majority Leader in today’s Record on page S2758.) Michael D. Schattman, of Texas, to be United States District Judge for the Northern District of Texas. Committee Meetings Hilda G. Tagle, of Texas, to be United States Dis- trict Judge for the Southern District of Texas. No committee meetings were held. h House of Representatives Journal Vote: By a yea-and-nay vote of 328 yeas to Chamber Action 49 nays with 1 voting ‘‘present’’, Roll No. 68, the Bills Introduced: 13 public bills, H.R. 1212–1224; House agreed to the Speaker’s approval of the Jour- and 4 resolutions, H. Con. Res. 54–56, and H. Res. nal of Thursday, March 20. Pages H1263±64 106 were introduced. Page H1288 Committee Funding: By a recorded vote of 213 Reports Filed: Reports were filed as follows: ayes to 179 noes, Roll No. 71, the House agreed to H.R. 752, to amend the Endangered Species Act H. Res. 91, as amended pursuant to the rule, pro- of 1973 to ensure that persons that suffer or are viding amounts for the expenses of certain commit- threatened with injury resulting from a violation of tees of the House of Representatives in the One the Act or a failure of the Secretary to act in accord- Hundred Fifth Congress. Pages H1273±79 ance with the Act have standing to commence a civil Rejected the Gejdenson motion to recommit the suit on their own behalf, amended (H. Rept. resolution to the Committee on House Oversight 105–42) Pages H1287±88 with instructions to report a resolution promptly Speaker Pro Tempore: Read a letter from the back to the House which freezes the funding for Speaker wherein he designated Representative each House Committee at 1996 levels and does not LaTourette to act as Speaker pro tempore for today. include a ‘‘Reserve Fund for Unanticipated Ex- Page H1263 penses’’; except as may be subsequently ordered by

D290 March 21, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D291 the House (rejected by a yea-and-nay vote of 176 Representative Wolf to act as Speaker pro tempore yeas to 214 nays, Roll No. 70). Pages H1273±74 to sign enrolled bills and joint resolutions through H. Res. 105, the rule providing for consideration Tuesday, April 8, 1997. Page H1281 of the resolution was agreed to earlier by a yea-and- Senate Messages: Message received from the Senate nay vote of 218 yeas to 179 nays, Roll No. 69. The today appears on page H1264. rule provided that an amendment in the nature of a substitute consisting of the text of H. Res. 102, Quorum Calls—Votes: Three yea-and-nay votes providing amounts from the applicable accounts of and one recorded vote developed during the proceed- the House of Representatives for continuing expenses ings of the House today and appear on pages of certain standing and select committees of the H1263–64, H1272–73, H1278–79, and H1279. House from April 1, 1997, through May 2, 1997, There were no quorum calls. shall be considered as adopted. Pages H1264±73 Adjournment: Met at 10 a.m. and pursuant to the District Work Period: The House agreed to S. provisions of S. Con. Res. 14, adjourned at 2:01 p.m. until 12:30 p.m. on Tuesday, April 8. Con. Res. 14, providing for a conditional adjourn- ment or recess of the Senate and the House of Rep- resentatives. Page H1280 Committee Meetings Holocaust Days of Remembrance: The House FINANCIAL CRIMES ENFORCEMENT agreed to H. Con. Res. 11, permitting the use of the NETWORK—REGULATORY EFFORTS rotunda of the Capitol for a ceremony as part of the Committee on Banking and Financial Services: Sub- commemoration of the days of remembrance of vic- committee on General Oversight and Investigations tims of the Holocaust. Page H1280 held a hearing on regulatory efforts by the Financial Committee Resignation: Read a letter from Rep- Crimes Enforcement Network (‘‘FinCEN’’). Testi- resentative Luther wherein he resigned from the mony was heard from Stanley Morris, Director, Fi- Committee on Small Business. Page H1280 nancial Crimes Enforcement Network, Department Committee Election: House agreed to H. Res. 106, of the Treasury. electing Representative Luther to the Committee on ETHICS REFORM International Relations. Page H1281 Committee on Standards of Official Conduct: On March Resignations—Appointments: Agreed that not- 20, the Task Force on Ethics Reform met in execu- withstanding any adjournment of the House until tive session to continue discussions on Ethics Re- Tuesday, April 8, the Speaker, Majority Leader, and form. Minority Leader be authorized to accept resignations f and to make appointments authorized by law or by the House. Page H1281 CONGRESSIONAL PROGRAM AHEAD Calendar Wednesday: Agreed that business in Week of March 24 through 28, 1997 order under the Calendar Wednesday rule be dis- pensed with on Wednesday, April 9, 1997. Senate Committees Page H1281 (Committee meetings are open unless otherwise indicated) Extensions of Remarks: Agreed that for today all No committee meetings are scheduled. members be permitted to extend their remarks and House Committees to include extraneous material in that section of the record entitled ‘‘Extensions of Remarks’’. Page H1281 Committee on Government Reform and Oversight: March 25, Subcommittee on the District of Columbia, hearing on Speaker Pro Tempore: Read a letter from the the Administration’s National Capital Revitalization and Speaker wherein he designated Representative Self-Government Improvement Plan, 11 a.m., 2154 Ray- Morella or, if not available to perform this duty, burn. D292 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, April 7 12:30 p.m., Tuesday, April 8

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond 1 p.m.), Senate will consider the motion to proceed to the consideration of S. 104, Nuclear Waste Policy Act.

Extensions of Remarks, as inserted in this issue

HOUSE Hinchey, Maurice D., N.Y., E554 Nethercutt, George R., Jr., Wash., E565 Hoyer, Steny H., Md., E557 Oberstar, James L., Minn., E563 Ackerman, Gary L., N.Y., E545, E550 Jackson-Lee, Sheila, Tex., E571 Oxley, Michael G., Ohio, E555 Baesler, Scotty, Ky., E571 Johnson, Nancy L., Conn., E550 Pallone, Frank, Jr., N.J., E567 Barcia, James A., Mich., E552, E554 Kaptur, Marcy, Ohio, E564 Pickett, Owen B., Va., E549 Bentsen, Ken, Tex., E555 Kildee, Dale E., Mich., E552 Pomeroy, Earl, N.D., E570 Berman, Howard L., Calif., E555 Kucinich, Dennis J., Ohio, E564, E565, E567, E570 Roukema, Marge, N.J., E564 Blagojevich, Rod R., Ill., E563 Lantos, Tom, Calif., E562, E569 Shaw, E. Clay, Jr., Fla., E559 Brown, George E., Jr., Calif., E563 Lewis, Jerry, Calif., E556 Sherman, Brad, Calif., E557, E561 Cunningham, Randy ‘‘Duke’’, Calif., E556 Lowey, Nita M., N.Y., E568 Skelton, Ike, Mo., E562 Davis, Thomas M., Va., E565 McCollum, Bill, Fla., E557 Smith, Linda, Wash., E558 DeLauro, Rosa L., Conn., E561 McDermott, Jim, Wash., E548 Stark, Fortney Pete, Calif., E547 Dixon, Julian C., Calif., E551, E567 McIntosh, David M., Ind., E569 Stokes, Louis, Ohio, E554 Fazio, Vic, Calif., E553 McNulty, Michael R., N.Y., E545 Stump, Bob, Ariz., E558 Filner, Bob, Calif., E553 Maloney, Carolyn B., N.Y., E562 Thune, John R., S.D., E568 Forbes, Michael P., N.Y., E566 Meek, Carrie P., Fla., E551 Torres, Esteban Edward, Calif., E552, E554, E555 Gekas, George W., Pa., E570 Mink, Patsy T., Hawaii, E557 Vento, Bruce F., Minn., E569 Harman, Jane, Calif., E552, E553, E568 Moran, James P., Va., E549 Waxman, Henry A., Calif., E558 Hilleary, Van, Tenn., E561 Morella, Constance A., Md., E551 Wolf, Frank R., Va., E545, E566

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