32062 CONGRESSIONAL RECORD-HOU!SE November 22, 1993 "(D) any of such investors are not provided (A) the use of fairness opinions in limited tablished by the association, except that for an option to receive or retain a security partnership rollup transactions; purposes of an exchange or tender offer, such under substantially the same terms and con- (B) the standards which preparers use in person shall file an objection in writing ditions as the original issue. making determinations of fairness; under the rules of the association during the "(5) EXCLUSIONS FROM DEFINITION.-Not- (C) the scope of review, quality of analysis, period in which the offer is outstanding.". withstanding paragraph (4), the term 'lim- qualifications and methods of selection of (b) LISTING STANDARDS OF NATIONAL SECU- ited partnership rollup transaction' does not preparers, costs of preparation, and any limi- RITIES EXCHANGES.-Section 6(b) of the Secu- include- tations imposed by issuers on such preparers; rities Exchange Act of 1934 (15 U.S.C. 78f(b)) "(A) a transaction that involves only a (D) the nature and quality of disclosures is amended by adding at the end the follow- limited partnership or partnerships having provided with respect to such opinions; ing: an operating policy or practice of retaining (E) any conflicts of interest with respect to "(9) The rules of the exchange prohibit the cash available for distribution and reinvest- the preparation of such opinions; and listing of any security issued in a limited ing proceeds from the sale, financing, or refi- (F) the usefulness of such opinions to lim- partnership rollup transaction (as such term nancing of assets in accordance with such ited partners. is defined in paragraphs (4) and (5) of section criteria as the Commission determines ap- (2) REPORT REQUIRED.-Not later than the 14(h)), unless such transaction was conducted propriate; end of the 18-month period referred to in in accordance with procedures designed to "(B) a transaction involving only limited paragraph (1), the Comptroller General of the protect the rights of limited partners, in- partnerships wherein the interests of the United States shall submit to the Congress a cluding- limited partners are repurchased, recalled, report on the evaluation required by para- "(A) the right of dissenting limited part- or exchanged in accordance with the terms graph (1). ners to one of the following: of the preexisting limited partnership agree- SEC. 303. RULES OF FAIR PRACTICE IN ROLLUP "(i) an appraisal and compensation; ments for securities in an operating com- TRANSACTIONS. "(ii) retention of a security under substan- pany specifically identified at the time of (a) REGISTERED SECURITIES ASSOCIATION tially the same terms and conditions as the the formation of the original limited part- RULE.-Section 15A(b) of the Securities Ex- original issue; nership; change Act of 1934 (15 U.S.C. 78o-3(b)) is "(iii) approval of the limited partnership "(C) a transaction in which the securities amended by adding at the end the following rollup transaction by not less than 75 per- to be issued or exchanged are not required to new paragraph: cent of the outstanding securities of each of be and are not registered under the Securi- "(12) The rules of the association to pro- the participating limited partnerships; ties Act of 1933; mote just and equitable principles of trade, "(iv) the use of a committee of limited "(D) a transaction that involves only issu- as required by paragraph (6), include rules to partners that is independent, as determined ers that are not required to register or report prevent members of the association from in accordance with rules prescribed by the under section 12, both before and after the participating in any limited partnership roll- exchange, of the general partner or sponsor, transaction; up transaction (as such term is defined in that has been approved by a majority of the "(E) a transaction, except as the Commis- paragraphs (4) and (5) of section 14(h)) unless outstanding units of each of the participat- sion may otherwise provide by rule for the such transaction was conducted in accord- ing limited partnerships, and that has such protection of investors, involving the com- ance with procedures designed to protect the authority as is necessary to protect the in- bination or reorganization of one or more rights of limited partners, including- terest of limited partners, including the au- limited partnerships in which a non-affili- "(A) the right of dissenting limited part- thority to hire independent advisors, to ne- ated party succeeds to the interests of a gen- ners to one of the following: gotiate with the general partner or sponsor eral partner or sponsor, if- "(i) an appraisal and compensation; on behalf of the limited partners, and to "(i) such action is approved by not less "(ii) retention of a security under substan- make a recommendation to the limited part- than 66% percent of the outstanding units of tially the same terms and conditions as the ners with respect to the proposed trans- each of the participating limited partner- original issue; action; or ships; and "(iii) approval of the limited partnership "(v) other comparable rights that are pre- "(ii) as a result of the transaction, the ex- rollup transaction by not less than 75 per- scribed by rule by the exchange and that are isting general partners will receive only cent of the outstanding securities of each of designed to protect dissenting limited part- compensation to which they are entitled as the participating limited partnerships: ners; expressly provided for in the preexisting lim- "(iv) the use of a committee that is inde- "(B) the right not to have their voting ited partnership agreements; or pendent, as determined in accordance with power unfairly reduced or abridged; "(F) a transaction, except as the Commis- rules prescribed by the association, of the "(C) the right not to bear an unfair portion sion may otherwise provide by rule for the general partner or sponsor, that has been ap- of the costs of a proposed limited partnership protection of investors, in which the securi- proved by a majority of the outstanding se- rollup transaction that is rejected: and ties offered to investors are securities of an- curities of each of the participating partner- "(D) restrictions on the conversion of con- other entity that are reported under a trans- ships, and that has such authority as is nec- tingent interests or fees into non-contingent action reporting plan declared effective be- essary to protect the interest of limited interests or fees and restrictions on the re- fore the date of enactment of this subsection partners, including the authority to hire ceipt of a non-contingent equity interest in by the Commission under section 11A, if- independent advisors, to negotiate with the exchange for fees for services which have not "(i) such other entity was formed, and such general partner or sponsor on behalf of the yet been provided. class of securities was reported and regularly limited partners, and to make a rec- As used in this paragraph, the term 'dissent- traded, not less than 12 months before the ommendation to the limited partners with date on which soliciting material is mailed ing limited partner' means a person who, on respect to the proposed transaction; or the date on which soliciting material is to investors; and "(v) other comparable rights that are pre- "(ii) the securities of that entity issued to mailed to investors, is a holder of a bene- scribed by rule by the association and that ficial interest in a limited partnership that investors in the transaction do not exceed 20 are designed to protect dissenting limited percent of the total outstanding securities of is the subject of a limited partnership rollup partners; transaction, and who casts a vote against the the entity, exclusive of any securities of "(B) the right not to have their voting such class held by or for the account of the transaction and complies with procedures es- power unfairly reduced or abridged; tablished by the exchange, except that for entity or a subsidiary of the entity.". "(C) the right not to bear an unfair portion (b) SCHEDULE FOR REGULATIONS.-The purposes of an exchange or tender offer, such Se- of the costs of a proposed limited partnership curities and Exchange Commission person shall file an objection in writing shall con- rollup transaction that is rejected; and duct rulemaking proceedings under the rules of the exchange during the and prescribe "(D) restrictions on the conversion of con- final regulations under the Securities Act of period during which the offer is outstand- tingent interests or fees into non-contingent 1933 and the Securities Exchange Act of 1934 ing.". interests or fees and restrictions on the re- to implement the requirements of section (c) STANDARDS FOR AUTOMATED QUOTATION ceipt of a non-contingent equity interest in 14(h) of the Securities Exchange Act of 1934, SYSTEMS.-Section 15A(b) of the Securities exchange for fees as amended by subsection (a), and such regu- for services which have not Exchange Act of 1934 (15 U.S.C. 78o-3(b)) is lations shall become effective not later than yet been provided. amended by adding at the end the following 12 months after the date of enactment of this As used in this paragraph, the term 'dissent- new paragraph: Act. ing limited partner' means a person who, on "(13) The rules of the association prohibit (C) EVALUATION OF FAIRNESS OPINION PREP- the date on which soliciting material is the authorization for quotation on an auto- ARATION, DISCLOSURE, AND USE.- mailed to investors, is a holder of a bene- mated interdealer quotation system spon- (1) EVALUATION REQUIRED.-The Comptrol- ficial interest in a limited partnership that sored by the association of any security des- ler General of the United States shall, within is the subject of a limited partnership rollup ignated by the Commission as a national 18 months after the date of enactment of this transaction, and who casts a vote against the market system security resulting from a Act, conduct a study of- transaction and complies with procedures es- limited partnership rollup transaction (as November 22, 1993 C;ONGRESSIONAL RECORD-HOUSE 32063 such term is defined in paragraphs (4) and (5) limit the authority of the Securities and Ex- These scandals raised a disturbing of section 14(h)), unless such transaction was change Commission, a registered securities prospect for regulators-the spectacle conducted in accordance with procedures de- association, or a national securities ex- of sophisticated and unscrupulous oper- signed to protect the rights of limited part- change under any provision of the Securities ners, including- Exchange Act of 1934, or preclude the Com- ators being able to manipulate the "(A) the right of dissenting limited part- mission or such association or exchange market for the U.S. Government's se- ners to one of the following: from imposing, under any other such provi- curities by effectively cornering the "(i) an appraisal and compensation; sion, a remedy or procedure required to be market for a particular Treasury issue, "(ii) retention of a security under substan- imposed under such amendments. generating a short squeeze in that tially the same terms and conditions as the Mr. MARKEY (during the reading). issue, and then profiting from the arti- original issue; Mr. Speaker, I ask unanimous consent ficially inflated prices that would re- "(iii) approval of the limited partnership sult. Such a development, if left un- rollup transaction by not less than 75 per- that the Senate amendment to the cent of the outstanding securities of each of House amendments be considered as checked, would have a devastating ef- the participating limited partnerships; read and printed in the RECORD. fect on the public's confidence in the "(iv) the use of a committee that is inde- The SPEAKER pro tempore. Is there fairness and integrity of the market. pendent, as determined in accordance with objection to the request of the gen- Unfortunately, the shocking revela- rules prescribed by the association, of the tleman from Massachusetts? tions of wrongdoing by Salomon Broth- general partner or sponsor, that has been ap- There was no objection. ers were not an isolated incident. Dur- proved by a majority of the outstanding se- The SPEAKER pro tempore. Is there ing the last 2 years we have witnessed: curities of each of the participating partner- objection to the initial request of the Ninety-eight securities firms and ships, and that has such authority as is nec- gentleman from Massachusetts? banks reaching a settlement with Fed- essary to protect the interest of limited partners, including the authority to hire Mr. FIELDS of Texas. Mr. Speaker, eral regulators for inflating customer independent advisors, to negotiate with the reserving the right to object, I will not orders and maintaining false books in general partner or sponsor on behalf of the object, but I would like to give the gen- connection with sales of the securities limited partners, and to make a rec- tleman from Massachusetts [Mr. MAR- of various Government-sponsored en- ommendation to the limited partners with KEYJ an opportunity to explain the bill. terprises; respect to the proposed transaction; or Mr. MARKEY. Mr. Speaker, will the Two firms signing a consent decree "(v) other comparable rights that are pre- gentleman yield? relating to abuses associated with non- scribed by rule by the association and that Mr. FIELDS of Texas. Further re- competitive bidding for Treasury secu- are designed to protect dissenting limited serving the right to object, Mr. Speak- partners; rities, with additional investigations "(B) the right not to have their voting er, I am happy to yield to the gen- into abuses by other firms and individ- power unfairly reduced or abridged; tleman from Massachusetts. uals still underway; "(C) the right not to bear an unfair portion Mr. MARKEY. Mr. Speaker, today Other firms either reaching or near- of the costs of a proposed limited partnership the House is taking up consideration of ing settlements for undertaking pre- rollup transaction that is rejected; and S. 422, the Government Securities Act arranged trades aimed at generating "(D) restrictions on the conversion of con- Amendments of 1993. This legislation fictitious tax losses; and, tingent interests or fees into non-contingent reflects a bipartisan House-Senate Revelations that convicted swindler interests or fees and restrictions on the re- agreement on a broad package of re- Steven Wymer used the Government ceipt of a non-contingent equity interest in forms affecting the regulation of the market as the vehicle for carrying out exchange for fees for services which have not yet been provided. Government securities market and a series of ripoffs of nearly 100 local mergers or reorganizations of limited and State governments. As used in this paragraph, the term 'dissent- ing limited partner' means a person who, on partnerships. It represents a com- Today, Government investigations the date on which soliciting material is promise between: First, the House gov- into these areas, as well as broad-rang- mailed to investors, is a holder of a bene- ernment securities legislation that was ing investigations into other instances ficial interest in a limited partnership that approved by voice vote on October 5 of possible market manipulation are is the subject of a limited partnership rollup (H.R. 618) and the Senate bill (S. 422) still continuing, and further settle- transaction, and who casts a vote against the which was approved on July 27; and ments or enforcement actions may be transaction and complies with procedures es- second, the House limited partnership forthcoming in the very near future. tablished by the association, except that for rollup legislation (H.R. 617) that was purposes of an exchange or tender offer, such CONGRESSIONALRESPONSE person shall file an objection in writing approved by a 408-to-6 vote on March 2 The Salomon and related scandals under the rules of the association during the of this year and the companion Senate amply demonstrated the need for com- period during which the offer is outstand- legislation (S. 424) which passed the prehensive reforms in the regulation of ing.". Senate by voice vote on August 6 of the Government securities market. In SEC.304. EFFECTIVE DATE;EFFECT ON EXISTING this year. response, in January of this year, I AUTHORITY. I. GOVERNMENTSECURITIES ACT AMENDMENTS joined with Chairman DINGELL, Mr. DATE.- (a) EFFECTIVE OF 1993 FIELDS, Mr. WYDEN, Mr. SYNAR, Mr. (1) IN GENERAL.-The amendments made by BACKGROUND section 303 shall become effective 12 months COOPER, and Mr. MOORHEAD in intro- after the date of enactment of this Act. Two years ago, shocking revelations ducing H.R. 618, the Government Secu- (2) RULEMAKING AUTHORITY.-Notwith- of wrongdoing by Salomon Bros. in rities Reform Act of 1993, which this standing paragraph (1), the authority of the connection with several Treasury auc- House approved in October. The Senate Securities and Exchange Commission, a reg- tions dramatically underscored the passed a narrower bill, S. 422, in July. istered securities association, and a national consequences of relying on an anti- We have since labored long and hard to securities exchange to commence rule- quated system of clubby informal regu- craft the final agreement we are bring- making proceedings for the purpose of issu- lation to guide the $4.5 billion market ing to the House floor today. ing rules pursuant to the amendments made as by section 303 is effective on the date of en- for U.S. Treasury securities, as well I am very pleased to report that the actment of this Act. the markets for other government se- result of our discussions has been a bill (3) REVIEW OF FILINGS PRIOR TO EFFECTIVE curities. We learned that Salomon em- which adopts the major provisions of DATE.-Prior to the effective date of regula- ployees repeatedly submitted false bids the original House bill. S. 422, as tions promulgated pursuant to this title. the at Treasury auctions, committed nu- amended by the House-Senate agree- Securities and Exchange Commission shall merous books and records violations, ment, would: continue to review and declare effective reg- and participated in a series of ficti- Permanently extend all the rule- istration statements and amendments there- tious tax trades. At the same time, we making authorities granted to Treas- to relating to limited partnership rollup learned of serious breakdowns in inter- Government Securities transactions in accordance with applicable ury under the regulations then in effect. nal controls and supervisory proce- Act of 1986; (b) EFFECT ON EXISTING AUTHORITY.-The dures by the senior management of the Require all Government securities amendments made by this title shall not firm. brokers and dealers to furnish to the 32064 CONGRESSIONAL RECORD-HOUSE November 22, 1993 SEC, upon request, records of trans- firms to develop an efficient means of cretion to set an appropriate standard actions in Government securities need- compliance, such as the electronic blue for what positions should be reported. ed to reconstruct trading for oversight, sheets used for all firms in the equity It is our expectation that the thresh- surveillance or enforcement purposes; markets. olds reported will be large in relation Authorize Treasury to adopt rules re- The House-Senate agreement also to the size of an issue or the portion quiring reporting by holders of large provides that the information to be thereof that is available for trading. At positions in Treasury securities in furnished to the SEC is information the same time, we have sought to avoid order to enhance market surveillance that is required for particular inquiries establishing an artificially high mini- and enforcement efforts; or investigations being conducted by mum reporting threshold that would Empower the National Association of the SEC for surveillance or enforce- prevent regulators from obtaining ac- Securities Dealers and the appropriate ment purposes. While it is not antici- cess to information regarding large po- regulatory agencies for financial insti- pated that the SEC would use this par- sitions that they might need in order tutions to develop and enforce sales ticular grant of authority to establish to carry out their responsibilities. practice and other rules of fair practice continuous marketwide surveillance During our discussions with the Sen- for Government securities brokers and system or electronic audit trail cover- ate, the House considered and rejected dealers; ing the entire Government securities proposals to establish a percentage or Make it an explicit violation of the market, we fully intend and anticipate dollar threshold for large position re- securities laws for any person to make that the SEC will be able to obtain in- porting. At one point during our dis- false or misleading statements in con- formation as frequently as is needed. cussions, some of our Senate colleagues nection with any bid for or purchase of For example, if price anomalies, un- suggested that we establish a percent- a Government security; usual trading patterns, or shortages of age or dollar minimum threshold for Supplement the SEC's basic anti- supply in a particular issue should de- reporting. For example, a 35-percent fraud authorities over this market by velop, the SEC would be able to require threshold was suggested by one of our empowering it to prescribe prophy- Government securities firms to furnish Senate colleagues, since that is the lactic antifraud and antimanipulation transaction records during the period upper limit of what a single purchaser rules for the Government securities such records are required by the SEC can bid for at Treasury auctions. The market; to reconstruct trading in the issue, House and Senate resoundingly re- Direct the SEC to continuously mon- identify the causes of any anomalies or jected such an approach for a number itor the nature and adequacy of public shortages, and whether any manipula- of reasons. access to market quotation and trans- tive or fraudulent practices have taken We were concerned that the 35-per- action information; place. cent threshold was far too high for a Effectuate various reforms affecting At the same time (as noted in H. minimum reporting threshold. At the the primary auction market for Treas- Rept. 103-55, at 23-24), we fully expect same time, we also felt that defining ury securities, including the electronic and anticipate that the SEC will take by statute that a large position must submission of bids, open access to the other steps to closely monitor market be at least 35 percent of an issue-or auction, and reforms of the Treasury developments and maintain an active even some other lower percentage Borrowing Committee; market surveillance program which threshold-would remove Treasury's Mandate joint interagency, the makes full use of all other available flexibility to tailor the reporting re- Treasury, and GAO studies of the regu- sources of information, such as GSCC quirements to specific market condi- latory system for Government securi- transaction information, GOVPX and tions. For example, a considerable ties; and, other interdealer broker price and vol- amount of a security that is in short Require certain reports by the Treas- ume information. supply-and which may be reopened by ury concerning its public debt obliga- Large position reporting: In response Treasury-may be in the hands of final tions and changes in the Treasury debt to the Salomon Brothers and related investors who do not follow market auction process. scandals, both the House and Senate conditions that closely. In addition, a HOUSE-SENATE AGREEMENTON S. 422 agreed that it was necessary to im- considerable amount of the issue may I would like to take a few minutes to prove the information available to reg- have been, or is committed to be, further clarify the purpose of four key ulators regarding large positions held stripped into separate interest- and changes made in the legislation that by market participants. I consider re- principal-only securities. In such cases, we are considering today, from the bill porting of such information to be abso- a significantly lower percentage of the H.R. 618, which the House approved in lutely critical to the Treasury and the total issue might constitute the actual October. SEC in monitoring risks to the stabil- amount of the security that is actually Transaction records: The House and ity and integrity of the Treasury mar- available for trading. We wanted to en- Senate agreed that there was a need to ket and undertake appropriate regu- sure that Treasury would have ample improve recordkeeping by Government latory or enforcement actions to re- discretion to take such factors into ac- securities brokers and dealers so that spond to market squeezes or other dis- count in setting the minimum report- the SEC can readily obtain transaction ruptions. ing threshold. information needed to reconstruct The House and Senate agreed on the In addition, we feared that tying the trading for surveillance or enforcement need for the large position reporting Treasury's hand by statute would also purposes. Shoddy recordkeeping prac- authority in H.R. 618. We also have present an inviting target for would-be tices by some Government securities added clarifying language regarding manipulators, who might find a way to brokers and dealers greatly com- the minimum size of positions that evade a reporting threshold by working plicated the SEC's Salomon Brothers- would be subject to reporting under the in concert to control the supply of an related investigations. Requiring agreement. This language states that issue. In such a situation, two or more standardized records to be maintained the minimum size of positions reported persons or firms might collude to ma- in electronic form and furnished to the "shall be no less than the size that pro- nipulate the market for the issue but SEC upon request should help rectify vides the potential for manipulation or never individually have a position this problem. control of the supply or price, or the large enough to be potentially report- The House-Senate agreement antici- cost of financing arrangements, of an able. It also was feared that establish- pates that the SEC shall consider the issue or the portion thereof that is ing a percentage or dollar minimum impact of this requirement on small available for trading." threshold might create the impression Government securities brokers and In establishing a minimum threshold that manipulation of the market with dealers. It is our intent that this provi- for reporting, the House and Senate a slightly smaller position is some- sion be construed to mean that the sought to ensure that Treasury would thing that would be condoned. The lan- SEC shall work with these smaller retain considerable flexibility and dis- guage we agreed upon gives Treasury November 22, 1993 CONGRESSIONAL RECORD-HOUSE 32065 the flexibility it needs to respond to on Treasury's ability to manage the cally-needed reforms in the regulation such situations. Federal debt. While the consultative of the government securities market As the joint House-Senate statement provisions refer to all Government se- that must be enacted into law now if indicates, it is our expectation that curities, it is not anticipated that we are to assure continued public con- Treasury will take into account the Treasury would normally have any spe- fidence in the fairness and integrity of likelihood of collusion among market cial concerns or special expertise re- the Government securities market and participants when it issues large posi- garding the impact of any rules pre- allow it to continue to efficiently serve tion reporting rules. While Treasury scribed for the marketing or trading of the U.S. Government's financing objec- should take into account other rel- securities other than Treasury securi- tives, meet the needs of other govern- evant rules and procedures, including ties. For example, it would not be an- ment issuers, and provide individual auction rules regarding positions, in its ticipated that such authority would and institutional investors with a fair rulemaking, it must make the poten- normally be invoked in the context of and well-regulated market in which to tial for collusion, manipulation, or a rulemaking dealing solely with secu- invest their savings. market control its paramount concern. rities in Government sponsored enter- II. LIMITED PARTNERSHIP ROLLUP REFORM ACT prises. At the same time, I would emphasize Today the House is also taking up CONCLUSION that there is absolutely no presump- final consideration of legislation to re- This bill represents a truly biparti- tion of manipulative intent solely be- form the regulatory san reform package that is targeted at treatment of cause a position is large enough to be mergers and reorganizations of limited reported, and no such presumption the specific abuses and problem areas that were uncovered by the Sub- partnerships, known on Wall Street as should be inferred simply because a rollups. This legislation, contained in person is required to file such reports. committee on Telecommunications and Finance during its 3-year investigation Title III of S. 422, will protect investors Internal controls: While the House- from abusive limited partnership Senate agreement deletes provisions of of the Government securities market. The reform package set forth in this rollups and provide significant new H.R. 618 that would have established protections to the millions of investors statutory requirements that Govern- conference report is supported by both the Treasury Department and the Se- who are today at risk of losing their ment securities brokers and dealers es- savings in abusive rollup transactions. tablish, maintain, and enforce written curities and Exchange Commission. by BACKGROUND policies and procedures aimed at assur- Key provisions are also supported ing compliance with the Federal secu- the Federal Reserve Bank of New York. The Subcommittee on Telecommuni- rities laws, there was agreement on the The bill has won support from a wide cations and Finance has conducted a 3- range of organizations representing part of both the House and Senate that year investigation into the fairness and brokers, dealers, and investors in the the general responsibility of brokers regulatory treatment of rollups. Our market, including the National Asso- and dealers to supervise their employ- investigations revealed that virtually ciation of Securities Dealers, the Pub- ees must be adhered to and vigorously all of the rollups approved during the lic Securities Association, the Govern- enforced by both the Commission and last several years have resulted in dev- ment Finance Officers Association, the astating financial losses for small in- the self-regulatory organizations North American Securities Adminis- [SRO's]. I would note that over the last vestors all over the country. General trators Association, the Investment partners and Wall Street investment several years, there have been a num- Company Institute, the United Share- ber of disturbing instances in which a banks raked in huge fees, while thou- holders Association, the Council of In- sands of small, generally unsophisti- breakdown in supervision and compli- stitutional Investors, the National As- ance at brokers and dealers has oc- cated investors suffered devastating fi- sociation of Counties, the National nancial losses. According to an analy- curred. The subcommittee has asked League of Cities, and the National As- the General Accounting Office to un- sis by the American Association of sociation of State Retirement Admin- Limited Partners of 18 major real es- dertake an investigation into this mat- istrators. ter, and Chairman DINGELL has re- tate and oil and gas rollups completed I would like to express my apprecia- over the last decade, over 510,000 inves- cently joined this request and also tion to both House and Senate Mem- asked the SEC to submit a report on tors lost an estimated $1.7 billion, bers and staff for their tireless efforts while general partners and others its ongoing inquiry regarding recidivist in crafting this important legislation. rogue brokers to determine whether ac- earned up to $200 million in fees and re- In particular, I would like to thank imbursements. In the first year of trad- tion is needed to strengthen the failure Wash- Chairman DINGELL and Consuela ing, rollup securities often drop 70 per- to supervise provisions of the Exchange ington of the full Committee staff, the Act and related SRO rules. cent below the values assigned to the distinguished ranking Republican securities at the time of the trans- Sales practice anti-fraud and anti- member of the committee, Mr. MOOR- action, with first trading day losses manipulation rules: S. 422, as amended, on HEAD, and the ranking Republican averaging 45 percent. contains the sales practice and anti- subcommittee, Mr. FIELDS, and the The tragedy is that even those inves- fraud and antimanipulation rule- Steve Blumenthal and Peter Rich of tors who voted against the deal got making provisions contained in Sec- minority staff, Steve Cope of the the rolled up if a simple majority consents tions 5 and 7 of H.R. 618. In doing so, Office of Legislative Counsel, and Jef- the House and Senate agreed on the to the transaction. On Wall Street, this frey Duncan of the subcommittee staff. is called a "cram down" because it need to eliminate current restrictions In addition, I also want to express my crams often worthless rollup securities that prevent the NASD and bank regu- special thanks to Treasury Under-Sec- inves- lators from developing and applying retary Frank Newman and his staff, down the throats of unwilling tors. normal sales practice rules to the Gov- particularly Darcy Bradbury, Norman ernment securities markets. We also Carlton, and George Tyler. I would also CONGRESSIONAL RESPONSE agreed thattht e SEC should have the like to thank SEC Chairman Arthur After the Subcommittee on Tele- power to supplement its existing anti- Levitt and the SEC staff, particularly communications and Finance began fraud authorities by being able to issue Kate Fulton and Catherine McGuire. shining a spotlight on abusive rollups, prophylactic antifraud and antimani- Their hard work and technical support the SEC and the NASD took steps to pulation rules. was invaluable in helping us to bridge improve regulatory scrutiny of these We agreed on an enhanced consulta- the differences that had previously sep- transactions. However, major gaps still tion requirement with regard to both arated the various parties interested in exist that could allow abusive rollups of these provisions in order to allow the government securities reform legis- to continue, and passage of this legisla- Treasury the opportunity to provide lation. tion is needed to close those loopholes input regarding the impact of any rules Again, I urge my colleagues to sup- and give limited partners the full range adopted pursuant to these provisions port this legislation. It makes criti- of protections they need. Title III of S. 32066 CONGRESSIONAL RECORD-HOUSE November 22, 1993 422, as amended by our agreement with state the reasons why they have con- evidently beneficial transaction. Sec- the Senate, would: cluded that such an opinion is not nec- ond, by adding a requirement that indi- Allow dissenting investors to be pro- essary in order to permit the limited viduals serving on the independent vided with a financial alternative to partners to make an informed decision committee be approved by a majority the rollup and no longer be forced to on the proposed transaction. Currently, of the limited partners, the House has accept cramdown securities; fairness opinions are not required by obtained greater confidence that the Greatly improve disclosure of the either Federal or State law, although committee will genuinely represent independent third-party fairness opin- general partners often obtain such and protect the interest of investors. ions that often accompany rollup dis- opinions to help market the rollup to Finally, by adding language requiring closure documents, require rollup spon- investors or defend themselves against that any other rights offered to limited sors who fail to obtain a fairness opin- litigation alleging that they have partners be comparable to the ap- ion disclose why not, and mandate a breached their fiduciary duties. praisal and compensation, we have GAO study of fairness opinions; Particularly in those situations greater assurance that if any other Improve rollup disclosures to promi- where a general partner or rollup spon- rights are offered, such rights will be nently highlight any risks and con- sor proposes a rollup transaction which adequate to protect the financial inter- flicts-of-interest and assure that rollup confers significant financial benefits ests of limited partners. disclosure documents are more clear, on themselves, investors require an I would also like to make note of concise, and comprehensible; independent opinion of the entire fair- some other important changes that Prevent rollups from being utilized ness of the transaction. Factually ac- have been made in the final version of to make certain changes in corporate curate disclosure, by itself, is simply the bill. We have picked up the Sen- governance, unfair changes in fees paid not sufficient to allow investors to ate's exclusions from the definition of to the general partner, and unfair make an informed consent, particu- a rollup, but modified them to elimi- transaction charges for failed trans- larly when they are under intense and nate potential loopholes and better as- actions; sometimes coercive pressure to ap- sure that abusive transactions would Make it easier for limited partners to prove a transaction. A fairness opinion, not be able to evade the purposes of the fight abusive rollups by assuring they to be useful, must examine the entire act. get access to investor lists and can fairness of the deal to investors in each First, we accepted the exclusion in communicate with other investors; of the affected partnerships, including section (5)(B) based on the understand- Assure investors have adequate time whether there has been fair dealing by ing that it only affects transactions to review a rollup proposal by setting a the general partner and whether a fair that are conducted in accordance with 60-day minimum solicitation period; price has been offered to investors. If a the terms of the preexisting limited and finally, fairness opinion has not been obtained, partnership agreement and which are Bar broker-dealers or any other the rollup sponsor or general partner for securities in an operating company proxy solicitors from being paid for must now explain the reasons for their specifically identified in such agree- "yes" votes but not for "no" votes, in failure to do so in light of the impor- ments at the time of the formation of order to reduce financial incentives for tance that receiving such information the original limited partnership. Un- engaging in abusive boilerroom solici- and analysis could have to investors less both conditions are met, a trans- tation practices. trying to make an informed decision action cannot go forward in reliance on HOUSE-SENATE AGREEMENT regarding the rollup. this exclusion. I would like to briefly discuss some In addition to these disclosure provi- Second, we have accepted the exclu- of the key aspects of the House-Senate sions, the legislation also requires the sion in section (5)(D) based on the un- agreement on the rollup legislation. GAO to undertake a comprehensive derstanding that this excludes trans- While we would have preferred to analysis of the nature and adequacy of actions only involving issuers that are maintain the mandatory fairness opin- fairness opinions. We are mandating not required to register or report under ion and the House infeasibility trigger- this study in order to determine wheth- section 12 of the Exchange Act both be- ing standard from the House bill, the er there is a need for the SEC to man- fore and after the transaction. If a Senate was unwilling to yield on these date that fairness opinions be prepared transaction involved the issuance of a issues, forcing us instead to seek alter- in connection with all rollup trans- security that, after the transaction, native means of assuring adequate pro- actions, and whether the SEC should would be convertible into a security of tections to investors. We believe that establish Federal standards regarding an issue that is required to register or we have done so by making a number such opinions in order to improve their report under section 12, this exclusion of significant improvements in these usefulness to investors. would not be available since the trans- provisions of the Senate bill. Triggering language: In our discus- action would not involve only section Fairness opinions: We have beefed up sions with the Senate, we also agreed 12 issuers. the fairness opinion disclosure provi- to drop the so-called triggering lan- Third, we agreed on the exclusion in sions of the bill. The bill now requires guage on dissenter's rights. This has section (5)(E) on the basis of new lan- that if the general partner or rollup the effect of allowing dissenting inves- guage providing the Commission au- sponsor receives a fairness opinion or tors to be offered either an appraisal thority to subject otherwise excluded appraisal from someone whose com- and compensation, retention of their transactions to the provisions of the pensation is tied to approval of the original security, approval of the roll- act if it determines, by rule, that such deal or who has not been given full ac- up by a 75 percent supermajority, the action is necessary for the protection cess by the issuer to its personnel and use of an independent committee, or of investors. The Commission should premises and any books and records other comparable rights designed to not hesitate to make use of this au- the preparer deems relevant, there protect dissenting limited partners. We thority if it determines that this exclu- must be fulsome disclosure of these expect there to be a presumption in sion is being utilized for transactions facts. This is intended to put investors favor of providing dissenting investors that are abusive and inconsistent with on notion that the objectivity and util- appraisal rights wherever feasible. the purpose of this act. In addition, we ity of any such opinion may be se- We dropped the so-called triggering have provided that transactions using verely compromised if the preparer of language from the House bill for three this exclusion will not provide the ex- the opinion has a direct economic reasons. First, the 75 percent super- isting general partner with any com- stake in approval or completion of the majority requirement is a very high pensation to which they were not enti- transaction. standard for approval by each of the af- tled as expressly provided for in the Second, we have mandated that if a fected partnerships. Indeed, some say it preexisting partnership agreements. fairness opinion is not obtained, the is so high as to be virtually impossible This provision is intended to prevent general partner or rollup sponsor must to attain by anything other than a self- general partners from being bought off November 22, 1993 CONGRESSIONAL RECORD-HOUSE 32067 by an independent acquirer and assure committee staff. I would also like to Just as important, the rights of le- that the excluded transactions are theSthank Steve Cope of the Office of Leg- gitimate businessmen are maintained result of arms length negotiations and Sislative Counsel for his assistance. Fi- as well. The regulatory structure of the not self-dealing. nally, I would like to express my per- bill uses securities industry self-regu- Fourth, we agreed on the so-called sonal appreciation for the efforts of the lation as the first line of defense for in- seasoned securities exclusion in section many individuals and organizations vestors. By pursuing this avenue of (5)(F) on the basis of three language who worked hard for passage of the im- regulation, the industry's considerable changes. We provided the Commission portant set of investor protections that expertise is brought to bear on its own authority to subject otherwise ex- we are enacting today. problems, and the solutions, carefully cluded transactions to the provisions of I urge my colleagues to join with us overseen by the government's own se- the Act if it determines, by rule, that in supporting passage of S. 422, as curities regulator, will be in the best such action is necessary for the protec- amended with the rollup reform provi- interest of all those who are involved tion of investors. The Commission sions, so that we can put on the books in these transactions. should not hesitate to make use of this appropriate rules that will protect the All of the members of the Energy and authority if it determines that this ex- estimated 8 million limited partners Commerce Committee share the same clusion is being utilized for trans- who today are at risk of being sub- desire, to ensure that this bill focuses actions that are abusive and inconsist- jected to an abusive rollup. only on the abuses in these trans- ent with the purposes of this act. Mr. FIELDS of Texas. Mr. Speaker, actions and does not interfere with le- We have also added new language to further reserving the right to object, I gitimate business done by reputable this exclusion that assures that closely yield to the gentleman from California firms. I believe that we have achieved held securities are excluded from the [Mr. MOORHEAD]. this goal admirably. requirement that the securities of the Mr. MOORHEAD. Mr. Speaker, I rise Mr. GONZALEZ. Mr. Speaker, I would like entity issued to investors in the trans- in support of S. 422, the Government to reiterate several points concerning the con- action do not exceed 20 percent of the Securities Reform Act of 1993. ference report's government securities auction total outstanding securities of the en- The purpose of the government secu- reforms which I first made when H.R. 618 was tity. The purpose of this provision is to rities market is to finance the national considered by the House. assure that there is an adequate public debt at the lowest possible cost. Public But first I should point out that the scandal float of securities in the entity so that confidence in the integrity of the mar- of Salomon Brothers involved fraud in the gov- investors have will be likely to have a ket is essential. It was to help preserve ernment securities auction process, with a re- deep and liquid trading market avail- that confidence that Congress enacted sultant squeeze in the secondary market. The submission of false bids able to them if they desire to sell the the Government Securities Act of 1986, by Salomon Brothers securities in the successor entity fol- and for the same reason we act today. at several government securities auctions lowing the rollup transaction. The GSA established a Federal sys- forced the resignation of several top level offi- Finally, we have added language re- tem for regulating the government se- cers of the firm, including the chief executive quiring that such securities be both re- curities market, including previously officer. This is why I insisted that any bill to re- form the government securities market ported and regularly traded for at least unregulated brokers and dealers, in must include reforms 12 months prior to the transaction. The order to protect investors and to en- of the auction process which was so easily manipulated. Senate argued that this exclusion was sure the maintenance of fair, honest in the public interest because the secu- The conference report on S. 422 contains and liquid markets. Treasury's rule- several important long-term reforms to the rities being offered to the limited part- making authority under the GSA, how- ners were essentially equivalent to government securities auction process. These ever, sunset on October 1, 1991. reforms will increase participation and com- cash, in that the value of such securi- I believe it is incumbent upon Con- ties was readily ascertainable due to petition in the government securities auction gress to remedy the situation in which process, and thereby lower the cost of financ- the existence of a public market for the Treasury Department is without such securities. The House, however, ing the Government's debt. authority to regulate its own market- The first provision guarantees was concerned about the possibility that any bid- place. Our legislation does this by re- der who meets a minimum creditworthiness that some NYSE, AMEX, or NASDAQ authorizing the Treasury Department standard will be eligible to participate in the National Market System securities to adopt rules as necessary. automated might not have a sufficiently liquid new auction system. Currently, I believe that the government has a only the primary dealers are allowed partici- secondary trading market, and there- to role to play in ensuring that this criti- pate in the new automated system. This gives fore the value of the securities offered cally important marketplace is not dis- them an unfair competitive advantage. or exchange could be reasonably ex- rupted by the frauds and scandals it The second provision prohibits the Treasury pected to plummet in value following has endured during the last 3 years. Department from giving an auction bidder any the transaction. The House therefore I want to commend our full commit- advantage, favorable treatment, or other bene- insisted that securities provided under tee chairman, JOHN DINGELL, Chairman fit. Only reasonable and necessary exceptions this exclusion be a regularly traded se- ED MARKEY of the Telecommunications in the public interest would be allowed. The fa- curities, which, in this context, means and Finance Subcommittee, and its vored treatment historically given to the pri- securities for which there exists an ac- ranking Republican member, JACK mary dealers for no valid reason would be tive, liquid and orderly secondary trad- FIELDS, for their work in fashioning an stopped once and for all. ing market into which those limited appropriate response to the need to up- Third, the activities of the secretive Treasury partners who choose to do so may sell date the oversight regulations of this advisory borrowing committee will be pried their new shares following the rollup important market. I urge my col- open to the public. Generally, all meetings are transaction. leagues to vote for this legislation. open, except for those where the committee CONCLUSION I also rise today in support of those deliberates and reports to the Treasury. I am I would like to express my apprecia- provisions of S. 422 that were contained pleased that the Treasury Department has tion to the staffs and Members of both in H.R. 617, the Limited Partnership agreed to implement this provision in advance the House and Senate for their efforts Rollup Reform Act of 1993. of the passage of the conference report. In to craft the rollup compromise, In par- That bill outlines what changes must fact, the borrowing committee has already ticular, I would like to thank Chair- be made to the Federal securities laws held an open meeting under this new policy. man DINGELL and Consuela Washington to ensure that in rollup transactions The minutes of borrowing committee meet- of his staff, the gentleman from Cali- adequate disclosure is made. It also en- ings must be avajilable to the public within 3 fornia [Mr. MOORHEAD], the gentleman sures that conflicts of interest and self- business days. Also, committee members are from Texas [Mr. FIELDS], and Steve dealing are minimized and that dis- strictly prohibited from divulging the contents Blumenthal and Peter Rich of their senters' rights are adequately pro- of the committee's discussions. A person vio- staffs, and Jeffrey Duncan of the sub- tected. lating this provision will be permanently 32068 CONGRESSIONAL RECORD-HOUSE November 22, 1993 banned from the committee and the firm the This legislation is the product of a bipartisan and integrity of the government securities person was associated with would also be Seffort in the House and the Senate to produce market; and have improved and strengthened investor safety in the market. Most impor- banned from the committee for 5 years. a focused, well-balanced regulatory framework from tantly, although some government securities In addition, I have received assurances in response to significant changes that have brokers or dealers have failed or discon- the Chairman of the Securities and Exchange occurred in the Government securities market tinued business since the inception of the Commission that committee members who since enactment of the Government Securities GSA regulations, no customers have lost any violated this prohibition would be subject to li- Act of 1986, and to scandals in the Govern- funds or securities as a result of such occur- ability under insider trading laws. I would refer ment securities market that threaten to shake rences." Members to the debate on H.R. 618 contained public confidence in the fairness of that mar- Accordingly, the amendment eliminates in the October 5, 1993, CONGRESSIONALket. I especially want to commend Mr. MAR- the sunset date and extends the Treasury RECORD,where I placed into the record a let- KEY, the chairman of the Subcommittee on rulemaking authority pursuant to section ter I received from Chairman Arthur Levitt on Telecommunications and Finance, and 15C(b) of the exchange Act, as well as the this point. Messrs. MOORHEADand FIELDS, the ranking new large position reporting authority granted to Treasury under this amendment. I have also received assurances from the Republican members of the committee and of Transaction Records.-The amendment re- Treasury Department that it will improve the respectively, for their ex- the subcommittee, quires all government securities brokers and diversity of the committee membership to re- traordinary leadership and perseverance on dealers to furnish to the SEC on Request flect more accurately the array of participants this issue, and to thank Mr. GONZALEZ,the records of government securities trans- in the government securities market. The chairman of the House Banking Committee, actions, including records of the date and Treasury Department will ensure that at least and Messrs. ROSTENKOWSKIand PICKLE,the time of execution of trades, as the SEC may one-fourth of the committee's membership chairmen of the Committee on Ways and require to reconstruct trading in the course turns over every 2 years, with a complete turn- Means and of its Subcommittee on Oversight, of a particular inquiry of investigation being over every 8 years. respectively, for their important contributions to conducted by the SEC for enforcement or Finally, the Secretary must report to Con- surveillance purposes. It is our intention this legislation. the SEC and Treasury will take the nec- gress every year on violations and suspected that I urge my colleagues to support passage of essary steps under their existing authorities violations of the auction rules. The Treasury this bill. to adopt necessary recordkeeping rules to as- will continue its practice of referring all such STATEMENT ON S. 422, THE GOVERNMENT sure that appropriate records are made and violations to the SEC or Justice Department SECURITIES ACT AMENDMENTS maintained by all government securities bro- for further investigation or prosecution. On July 29, 1993, the Senate passed S. 422, kers and dealers, and that they will work to- I appreciate the cooperation of the Treasury the Government Securities Act Amendments gether to make sure that inadequate record- Department in accepting these much needed of 1993, and, on October 5, 1993, the House keeping and impediments to trade recon- reforms, and the work of everyone involved in passed the bill with an amendment contain- struction are addressed so that the SEC is producing this legislation. I urge passage of ing the language of the House-passed bill, able to carry out effectively its responsibil- H.R. 618, the Government Securities Reform ities under the federal securities laws. It is the conference report. further our intent that, in utilizing its au- Mr. DINGELL. Mr. Speaker, I rise in strong Act of 1993. The legislation that we consider today is, with a few modifications, almost thority to require information in machine support of the Government Securities Act identical to the bill (S. 422 as amended by readable form under new section 15C(d)(3)(A), Amendments of 1993. Passage of this bill is the text of H.R. 618, the previously-passed the SEC shall consider the impact of this re- the culmination of a process that begin over 2 House bill) that was passed by the House on quirement on small government securities years ago, and is a tribute to the cooperation October 5, 1993. These modifications are re- brokers and dealers and should work with of three committees in the House-Energy flected in an amendment which was passed these smaller firms to develop an efficient and Commerce, Banking, and Ways and by the Senate earlier today. The legislation means of compliance, such as the electronic Means-and our colleagues on the Senate before the House thus encompasses the blue sheets used for all firms in the equity amendments of the House to S. 422 with an markets. See House Comm. on Energy and Banking Committee, as well as senior officials Commerce, Report to Accompany H.R. 618, and staff of the Department of Treasury, the amendment. In lieu of a conference report, this floor statement represents the views of H.R. Rep. No. 225, 103rd Cong., 1st Sess. (Sep- Securities and Exchange Commission, and the the chairman and ranking minority member tember 23, 1993) at 42. Federal Reserve. Each provision of the bill of the Committee on Energy and Commerce Large Position Reporting.-The amend- has been carefully crafted, keeping in mind and the chairman and ranking minority ment authorities Treasury to prescribe rules the manner in which Treasury finances and member of the Subcommittee on Tele- to require persons holding, maintaining or manages the public debt, and the critical need communications and Finance and is intended controlling large positions in to-be-issued or to maintain investor confidence and the integ- to serve as the legislative history, along recently-issued Treasury securities to file re- rity of the market in Government securities. with S. Rpt. 103-109 (July 27, 1993) and CON- ports regarding those positions. The special provisions governing rules for fi- GRESSIONALRECORD (July 29, 1993) at 17865- The amendment rests on the belief that 17866, and H. Rpt. 103-255 (September 23, 1993) nancial-institution Government securities bro- the Secretary of the Treasury is well posi- and CONGRESSIONALRECORD (October 5, 1993) tioned to determine whether large position kers and Government securities dealers are a at 23620-23635. reporting is necessary and appropriate in result of the unique structure of the Treasury ANALYSIS OF MAJOR PROVISIONS order to monitor the impact in the Treasury market and its regulation, and are not meant Extension of Rulemaking Authority.-In securities market of concentrations of posi- as precedent for any other markets or any fu- 1986, Congress granted specific rulemaking tions and to assist the SEC in its enforce- ture legislation. authority to the Secretary of the Treasury ment of the Exchange Act. It is our expecta- Although no formal conference was con- (Treasury) and provided that the authority tion that substantial deference will be ac- vened to reconcile differences between the of the Treasury to issue orders and to pro- corded to any determinations that Treasury House and Senate bills, staffs from both bod- pose and adopt rules would terminate on Oc- makes in this regard. ies conducted extensive negotiations and ulti- tober 1, 1991 (P.L. 99-571). This was done in The statutory provision regarding the min- subject to reporting mately reconciled the differences between response to concerns raised by 1985 Treasury imum size of a position the is meant to ensure that the minimum size two bills. No formal conference was necessary testimony strongly opposing the Govern- ment Securities Act (GSA). will not be set so low that positions which due to the success of this process. I commend However, the 1990 Joint Treasury, Securi- could not affect significantly the market for the staff for their hard work and diligence, and ties and Exchange Commission (SEC), and a particular security are subject to reporting thank my colleagues in the House and the Board of Governors of the Federal Reserve rules. However, there is no presumption of Senate, especially Senators DODD and System (Federal Reserve) Study of the Effec- manipulative intent solely because a posi- GRAMM,for their leadership and their efforts to tiveness of the Implementation of the Gov- tion is large enough to be subject to report- resolve their differences in such an expedi- ernment Securities Act reached the follow- ing rules adopted by Treasury. tious and considerate manner. The statement ing unanimous conclusion: "[t]he implemen- It is our expectation that, in determining that follows my remarks, tation of the GSA regulations has met the the minimum size of a reportable position, and an identical objectives statement that established by Congress in enact- Treasury will consider, among other factors, appears in the Senate proceed- ing the GSA. The rules have been timely and other relevant rules and procedures, includ- ings on this bill, shall constitute the legislative fairly implemented; have not imposed exces- ing auction rules regarding positions. It is history on this bill in lieu of a formal con- sive and overly burdensome requirements; our further expectation that Treasury will ference report. have not impaired the liquidity, efficiency take into account the likelihood of collusion November 22, 1993 CONGRESSIONAL RECORD-HOUSE 32069 among market participants. Substantial def- the use of any fictitious quotations in the statement made not misleading. The amend- erence should be accorded to Treasury's de- government securities market. ment does not alter the SEC's existing au- termination of the minimum size of a posi- The amendment requires the SEC to con- thority under sections 10(b) or 17(a) of the tion subject to reporting requirements. sult with and consider the views of the Exchange Act or the rules promulgated By inserting the requirement that Treas- Treasury and the bank and thrift regulatory thereunder. ury, in adopting rules regarding large posi- agencies prior to adopting any such rules, Treasury Auction Reforms.-The amend- tion reporting, take into account any impact and to respond in writing to any written ment requires that, by the end of 1995, any on the efficiency and liquidity of the Treas- comments submitted in such consultation bidder, who meets the Treasury's minimum ury securities market and the cost to tax- process. The amendment provides for en- creditworthiness standard and agrees to payers of funding the Federal debt, the hanced consultation between the regulators comply with the applicable rules and regula- amendment does not contemplate that a for- in order to respond to particular concerns tions, be permitted to submit a computer- mal statistical exercise be performed to jus- about the potential impact of these anti- generated tender to any automated auction tify the rulemaking. Rather, it is our intent fraud rules on the Treasury's ability to man- system established by Treasury for the sale to ensure that Treasury considers all the im- age the federal debt. Accordingly, this provi- upon issuance of Treasury securities. The portant responsibilities and goals that it has sion is designed to avoid any unforeseen ef- amendment also prohibits Treasury from in managing the pubic debt in any rule- fects of new rules on the auctions or second- providing any government securities broker making concerning large position reporting. ary market for Treasury securities. This or government securities dealer any advan- We expect the Treasury to consult with the concern ordinarily would not be expected to tage, favorable treatment, or other benefit, Federal Reserve Bank of New York in formu- arise with respect to the application of such subject only to necessary and appropriate ex- lating large position reporting rules concern- rules to the marketing and trading of other ceptions. Finally, the amendment opens to ing the Bank's need to maintain the con- types of government securities. the public, subject to reasonable exceptions, fidentiality of the accounts it maintains for Sales Practice Rulemaking Authority.- the meetings of the Treasury Borrowing foreign central banks, foreign governments, The amendment removes current limitations Committee, requires minutes of each meet- and official international financial institu- on the ability of the National Association of ing to be publicly available within three tions. Securities Dealers (NASD) to regulate its business days, and explicitly prohibits Com- Finally, it is our intent that large position members' transactions in exempted securi- mittee members from divulging the contents reports would be information within the ties other than municipal securities, and au- of the Committee's discussions. The amend- scope of the Trade Secrets Act (TSA), 18 thorizes the bank and thrift regulatory agen- ment provides penalties for violations of the U.S.C. 1905, which prohibits the disclosure of cies to prescribe rules applicable to the fi- latter prohibition (that are in addition to certain types of information by officers and nancial institutions they supervise, to pre- any other applicable penalty or enforcement employees of the federal government unless vent fraudulent and manipulative sales prac- action) and requires Treasury to submit an "authorized by law." See Chrysler v. Brown, tices, and promote just and equitable prin- annual report to Congress with respect to 441 U.S. 281, 295-304 (1979) (disclosure may be ciples of trade. The amendment's consulta- violations of Treasury auction rules or regu- deemed authorized by law only when made tion and coordination requirements are in- lations. pursuant to statute or substantive agency tended to facilitate consistency of financial Studies, Reports and Notices to Con- regulation authorized by statute). The TSA institution rules with analogous self-regu- gress.-The amendment provides for (1) a covers "information coming to [such person] latory organization rules, as well as consist- joint Treasury, SEC and Federal Reserve in the course of his employment or official ent administration and enforcement of such study and report on the effectiveness of the duties or by reason of any * * * report or rules, in order to maintain the integrity of regulatory system for government securities record ** * concern[ing] or relatfing] to the market for government securities. The as amended by this legislation; (2) a Treas- * * * the identity, confidential statistical amendment provides for enhanced consulta- ury study and report on the continuing need data, amount or source of any income, prof- tion between the regulators in order to re- for a separate regulatory system for govern- its, losses, or expenditures of any person, spond to particular concerns about the po- ment securities brokers and government se- firm, partnership, corporation, or associa- tential impact of these sales practice rules curities dealers registered with the SEC tion." See CNA Financial Corp. v. Donovan, on the Treasury's ability to manage the fed- under section 15C of the Exchange Act; (3) an 830 F.2d 1132, 1140 (D.C. Cir. 1937) (describing eral debt. Accordingly, this provision is de- annual report by Treasury on the Treasury's the scope of the TSA as "oceanic" and as signed to avoid any unforeseen effects of new public debt activities and the operations of "encompass[ing] virtually every category of rules on the auctions or secondary market the Federal Financing Bank; and (4) a notice business information likely to be in the files for Treasury securities. This concern ordi- to the Congress of any significant modifica- of an agency.") In addition to this criminal narily would not be expected to arise with tions to the Treasury auction process at the statute, Section 24(b) of the Exchange Act respect to the application of such rules to time such modifications are implemented. specifically makes it unlawful "for any the marketing and trading of other types of Mr. FIELDS of Texas. Mr. Speaker, I member, officer, or employee of the Commis- government securities. sion to disclose to any person other than a Market Information.-The amendment strongly support this legislation. member, officer, or employee of the Commis- adds government securities market trans- Mr. Speaker, I withdraw my reserva- sion, or to use for personal benefit, any in- parency to the list of subjects on which the tion of objection. formation contained in any application, SEC is required to report to Congress annu- The SPEAKER pro tempore. Is there statement, report, contract, correspondence, ally. These reports will provide information objection to the initial request of the notice, or other document filed with or oth- necessary for proper ongoing evaluation of gentleman from Massachusetts? erwise obtained by the Commission (1) in the sufficiency of private sector develop- There was no objection. contravention of the rules and regulations of ments, and are necessary to assure that mo- A motion to reconsider was laid on the Commission under the [the FOIA] or (2) mentum toward improved market trans- in circumstances where the Commission has parency continues and is not reversed. the table. determined pursuant to such rules to accord SIPC Disclosure.-The amendment pro- confidential treatment to such informa- hibits a government securities broker or tion." Members, officers, or employees of the dealer, registered under Exchange Act Sec- GENERAL LEAVE SEC who disclose information in violation of tion 15C(a)(1)(A), that is not a member of the Mr. MARKEY. Mr. Speaker, I ask Section 24 and the rules thereunder are sub- Securities Investor Protection Corporation unanimous consent that all Members ject to criminal penalties pursuant to Sec- (SIPC) from effecting securities transactions have 5 legislative days in which to re- tion 32 of the Exchange Act. Officers and em- in contravention of rules prescribed to as- vise and extend their remarks on S. ployees are also prohibited pursuant to Rule sure that customers receive complete, accu- 0-4 of the SEC's Rules and Regulations under rate, and timely disclosure of the inapplica- 422, the Senate bill just considered. the Exchange Act from making "non-public bility of SIPC coverage to their accounts. The SPEAKER pro tempore. Is there records of the Commission" available to oth- False and Misleading Statements in Gov- objection to the request of the gen- ers without SEC authorization. ernment Securities Offerings.-The amend- tleman from Massachusetts? Fraudulent and Manipulative Acts and ment explicitly provides that, in connection There was no objection. Practices.-The amendment extends the with any bid for a purchase of a government SEC's current authority under sections 15(c) security related to an offering of government (1) and (2) of the ExchangeAct to all govern- securities by or on behalf of an issuer, no COPYRIGHT ROYALTY TRIBUNAL ment securities brokers and dealers and to government securities broker or dealer, or REFORM ACT OF 1993 all transactions in government securities. bidder for or purchaser of securities in such This grant of authority will enable the SEC offering, shall knowingly and willfully make Mr. BROOKS. Mr. Speaker, I ask to prescribe rules to prevent fraudulent, de- any false or misleading statement or omit unanimous consent to take from the ceptive, or manipulative acts or practices or any fact necessary to make any written Speaker's table the bill (H.R. 2840) to 32070 CONGRESSIONAL RECORD-HOUSE November 22, 1993 amend title 17, United States Code, to notice in the Federal Register initiating an copyright arbitration royalty panel under establish copyright arbitration royalty arbitration proceeding under section 803, and subsection (e), the Librarian of Congress, panels to replace the Copyright Roy- in accordance with procedures specified by upon the recommendation of the Register of the Register of Copyrights, the Librarian of Copyrights, shall adopt or reject the deter- alty Tribunal, and for other purposes, Congress shall, upon the recommendation of mination of the arbitration panel. The Li- with a Senate amendment thereto and the Register of Copyrights, select 2 arbitra- brarian shall adopt the determination of the concur in the Senate amendment. tors from lists provided by professional arbi- arbitration panel unless the Librarian finds The Clerk read the title of the bill. tration associations. Qualifications of the ar- that the determination is arbitrary or con- The Clerk read the Senate amend- bitrators shall include experience in con- trary to the applicable provisions of this ment, as follows: ducting arbitration proceedings and facili- title. If the Librarian rejects the determina- Senate amendment: tating the resolution and settlement of dis- tion of the arbitration panel, the Librarian Strike out all after the enacting clause and putes, and any qualifications which the Li- shall, before the end of that 60-day period, insert: brarian of Congress, upon recommendation and after full examination of the record cre- of the Register of Copyrights, shall adopt by SECTION 1. SHORT TITLE. ated in the arbitration proceeding, issue an regulation. The 2 arbitrators so selected order setting the royalty fee or distribution This Act may be cited as the "Copyright shall, within 10 days after their selection, of fees, as the case may be. The Librarian of 1993". Royalty Tribunal Reform Act choose a third arbitrator from the same shall cause to be published in the Federal SEC. 2. COPYRIGHTARBITRATION ROYALTY PAN- lists, who shall serve as the chairperson of ELS. Register the determination of the arbitra- the arbitrators. If such 2 arbitrators fail to tion panel, and the decision of the Librarian (a) ESTABLISHMENT AND PURPOSE.-Section agree upon the selection of a third arbitra- (including an order issued under the preced- 801 of title 17. United States Code, is amend- tor, the Librarian of Congress shall promptly ing sentence). The Librarian shall also pub- ed as follows: select the third arbitrator. The Librarian of licize such determination and decision in (1) The section designation and heading are Congress, upon recommendation of the Reg- such other manner as the Librarian consid- amended to read as follows: ister of Copyrights, shall adopt regulations ers appropriate. The Librarian shall also "§801. Copyright arbitration royalty panels: regarding standards of conduct which shall make the report of the arbitration panel and Establishment and purpose" govern arbitrators and the proceedings under the accompanying record available for public (2) Subsection (a) is amended to read as this chapter. inspection and copying. "(C) ARBITRATION PROCEEDINGS.-Copyright follows: "(g) JUDICIAL REVIEW.-Any decision of the "'(a) ESTABLISHMENT.-The Librarian of arbitration royalty panels shall conduct ar- bitration proceedings, subject to subchapter Librarian of Congress under subsection (f) Congress, upon the recommendation of the with respect to a determination of an arbi- Register of Copyrights, is authorized to ap- II of chapter 5 of title 5, United States Code, for the purpose of making their determina- tration panel may be appealed, by any ag- point and convene copyright arbitration roy- grieved party who would be bound by the de- panels.". tions in carrying out the purposes set forth alty in section 801. The arbitration panels shall termination, to the United States Court of (3) Subsection (b) is amended- Appeals for the District of Columbia Circuit, (A) by inserting "PURPOSES.-" after "(b)"; act on the basis of a fully documented writ- ten record, prior decisions of the Copyright within 30 days after the publication of the (B) in the matter preceding paragraph (1), decision in the Federal Register. If no appeal by striking "Tribunal" and inserting "copy- Royalty Tribunal, prior copyright arbitra- tion panel determinations, and rulings by is brought within such 30-day period, the de- right arbitration royalty panels"; cision of the Librarian is final, and the roy- (C) in paragraph (2)- the Librarian of Congress under section 801(c). Any copyright owner who claims to be alty fee or determination with respect to the (i) in subparagraph (A). by striking "Com- distribution of fees, as the case may be, shall mission" and inserting "copyright arbitra- entitled to royalties under section 111, 116, or 119, or any interested copyright party who take effect as set forth in the decision. The tion royalty panels"; pendency of an appeal under this paragraph (ii) in subparagraph (B). by striking "Copy- claims to be entitled to royalties under sec- tion 1006, may submit relevant information shall not relieve persons obligated to make right Royalty Tribunal" and inserting royalty payments under sections 111, 115, 116, "copyright arbitration royalty panels"; and and proposals to the arbitration panels in proceedings applicable to such copyright 118, 119, or 1003 who would be affected by the (iii) in subparagraph (D) by adding "and" determination on appeal to deposit the state- after the semicolon; owner or interested copyright party, and any (D) in paragraph (3)- other person participating in arbitration ment of aon accountand royalty fees specified in (i) by striking "and 119(b)," and inserting proceedings may submit such relevant infor- those sections. The court shall have jurisdic- "119(b), and 1003,"; and mation and proposals to the arbitration tion to modify or vacate a decision of the Li- (ii) by striking the sentence beginning panel conducting the proceedings. In rate- brarian only if it finds, on the basis of the with "In determining" through "this title"; making proceedings, the parties to the pro- record before the Librarian, that the Librar- and ceedings shall bear the entire cost thereof in ian acted in an arbitrary manner. If the (E) by striking paragraph (4); such manner and proportion as the arbitra- court modifies the decision of the Librarian, (4) by amending subsection (c)to read as tion panels shall direct. In distribution pro- the court shall have jurisdiction to enter its follows: ceedings, the parties shall bear the cost in own determination with respect to the "(c) RULINGS.-The Librarian of Congress, direct proportion to their share of the dis- amount or distribution of royalty fees and upon the recommendation of the Register of tribution. costs, to order the repayment of any excess Copyrights, may, before a copyright arbitra- "(d) PROCEDUJRES.-Effective on the date of fees, and to order the payment of any under- tion royalty panel is convened, make any the enactment of the Copyright Royalty Tri- paid fees, and the interest pertaining respec- necessary procedural or evidentiary rulings bunal Reform Act of 1993, the Librarian of tively thereto, in accordance with its final that would apply to the proceedings con- Congress shall adopt the rules and regula- judgment. The court may further vacate the ducted by such panel."; and tions set forth in chapter 3 of title 37 of the decision of the arbitration panel and remand (5) by adding at the end the following new Code of Federal Regulations to govern pro- the case to the Librarian for arbitration pro- subsection: ceedings under this chapter. Such rules and ceedings in accordance with subsection (c). "(d) ADMINISTRATIVE SUPPORT OF COPY- regulations shall remain in effect unless and "(h) ADMINISTRATIVE MATTERS.- RIGHT ARBITRATIONROYALTY PANELS.-The until the Librarian, upon recommendation of the Register of Copyrights, adopts supple- "(I) DEDUCTIONOP COSTS FROM ROYALTY Library of Congress, upon recommendation FEES.-The Librarian of Congress and the of the Register of Copyrights, shall provide mental or superseding regulations under sub- chapter If of chapter 5 of title 5, United Register of Copyrights may, to the extent the copyright arbitration royalty panels not otherwise provided under this title, de- with the necessary administrative services States Code. "(e) REPORT TO THE LIBRARIAN OF CON- duct from royalty fees deposited or collected related to proceedings under this chapter.". under this title the reasonable costs incurred (b) MEMBERSHIP AND PROCEEDINGS.-Sec- GRESS.-Not later than 180 days after publi- cation of the notice in the Federal Register by the Library of Congress and the Copy- tion 802 of title 17, United States Code, is right Office under this chapter. Such deduc- amended to read as follows: initiating an arbitration proceeding, the copyright arbitration royalty panel conduct- tion may be made before the fees are distrib- "g802. Membership and proceedings of copy- ing the proceeding shall report to the Librar- uted to any copyright claimants. If no roy- right arbitration royalty panels ian of Congress its determination concerning alty pool exists from which their costs can "(a) COMPOSITION OF COPYRIGHT ARBITRA- the royalty fee or distribution of royalty be deducted, the Librarian of Congress and TION ROYALTY PANELS.-A copyright arbitra- fees, as the case may be. Such report shall be the Copyright Office may assess their rea- tion royalty panel shall consist of 3 arbitra- accompanied by the written record, and shall sonable costs directly to the parties to the tors selected by the Librarian of Congress set forth the facts that the arbitration panel most recent relevant arbitration proceeding. pursuant to subsection (b). found relevant to its determination. "(2) POSITIONS REQUIREDFOR ADMINISTRA- "(b) SELECTION OF ARBITRATION PANEL.- "(f) AcTION BY LIBRARIAN OP CONGRESS.- TIONOF COMPULSORYLICENSING.-Section 307 Not later than 10 days after publication of a Within 60 days after receiving the report of a of the Legislative Branch Appropriations November 22, 1993 CONGRESSIONAL RECORD-HOUSE 32071 Act, 1994, shall not apply to employee posi- such rate or rates and shall remain in force serting "published nondramatic musical tions in the Library of Congress that are re- until the conclusion of proceedings by the works and published pictorial, graphic, and quired to be filled in order to carry out sec- arbitration panel, in accordance with section sculptural works"; tion 111, 115, 116, 118, or 119 or chapter 10.". 802, to adjust the royalty rates applicable to (C) in paragraph (1)- (c) PROCEDURES OF THE TRIBUNAL.-Section such works, or until superseded by a new ne- (1) in the first sentence by striking ", with- 803 of title 17, United States Code, and the gotiated license agreement, as provided in in one hundred and twenty days after publi- item relating to such section in the table of section 116(b).". cation of the notice specified in this sub- sections at the beginning of chapter 8 of such (3) Subsection (b) is amended- section,"; and title, are repealed. (A) by striking "subclause" and inserting (ii) by striking "Copyright Royalty Tribu- (d) INSTITUTION AND CONCLUSION OF PRO- "subparagraph"; nal" each place it appears and inserting "Li- CEEDINGS.-Section 804 of title 17. United (B) by striking "Tribunal" the first place brarian of Congress"; States Code, is amended as follows: it appears and inserting "Copyright Royalty (D) in paragraph (2) by striking "Tribunal" (1) The section heading is amended to read Tribunal or the Librarian of Congress"; and inserting "Librarian of Congress"; as follows: (C) by striking "Tribunal" the second and (E) in paragraph (3)-- " 803. Institution and conclusion of proceed- third places it appears and inserting "Librar- (i) by striking the first sentence and In- ings". ian"; serting the following: "In the absence of li- (D) by striking "Tribunal" the last place it (2) Subsection (a) is amended to read as cense agreements negotiated under para- appears and inserting "Copyright Royalty follows: graph (2), the Librarian of Congress shall, Tribunal or the Librarian of Congress"; and "(a)(l) With respect to proceedings under pursuant to chapter 8, convene a copyright (E) by striking "(a)(2), above" and insert- arbitration royalty panel to determine and section 801(b)(l) concerning the adjustment ing "subsection (a) of this section". publish in the Federal Register a schedule of of royalty rates as provided in sections 115 (4) Subsection (c) is amended by striking rates and terms which, subject to paragraph and 116, and with respect to proceedings "Tribunal" and inserting "Librarian of Con- (2), shall be binding on all owners of copy- under subparagraphs (A) and (D) of section gress". right in works specified by this subsection 801(b)(2), during the calendar years specified (5) Subsection (d) is amended- and public broadcasting in the schedule set forth in paragraphs (2), (A) by striking "Chairman of the Tribu- entitles, regardless (3), and (4), any owner or user of a copy- nal" and inserting "Librarian of Congress"; of whether such copyright owners have sub- righted work whose royalty rates are speci- and mitted proposals to the Librarian of Con- fied by this title, established by the Copy- (B) by striking "determination by the Tri- gress."; right Royalty Tribunal before the date of the bunal" and inserting "a determination". (ii) in the second sentence- enactment of the Copyright Royalty Tribu- (6) Subsection (e) is stricken out. (I) by striking "Copyright Royalty Tribu- nal Reform Act of 1993, or established by a (e) REPEAL.-Sections 805 through 810 of nal" and inserting "copyright arbitration copyright arbitration royalty panel after title 17, United States Code, are repealed. royalty panel"; and such date of enactment, may file a petition (f) CLERICAL AMENDMENT.-The table of (II) by striking "clause (2) of this sub- with the Librarian of Congress declaring sections for chapter 8 of title 17, United section" and inserting "paragraph (2)"; and that the petitioner requests an adjustment States Code, is amended to read as follows: (iii) in the last sentence by striking "Copy- of the rate. The Librarian of Congress shall, "CHAPTER 8-COPYRIGHT ROYALTY right Royalty Tribunal" and inserting "Li- upon the recommendation of the Register of TRIBUNAL brarian of Congress"; and Copyrights, make a determination as to (F) by striking paragraph (4); "Sec. (2) in subsection (c)- whether the petitioner has such a significant "801. Copyright arbitration royalty panels: "1982" and inserting "1997"; interest in the royalty rate in which an ad- establishment (A) by striking and purpose. and justment is requested. If the Librarian deter- "802. Membership and proceedings of copy- (B) by striking "Copyright Royalty Tribu- mines that the petitioner has such a signifi- right arbitration royalty pan- nal" and inserting "Librarian of Congress"; cant interest, the Librarian shall cause no- els. (3) in subsection (d)- tice of this determination, with the reasons "803. Institution and conclusion of proceed- (A) by striking "to the transitional provi- therefor, to be published in the Federal Reg- ings.". sions of subsection (b)(4), and"; ister. together with the notice of commence- SEC. 3. JUKEBOX LICENSES. (B) by striking "the Copyright Royalty ment of proceedings under this chapter. (a) REPEAL OF COMPULSORY LICENSE.-Sec- "(2) In proceedings under section Tribunal" and inserting "a copyright arbi- tion 116 of title 17. United States Code, and 801(b)(2)(A) and (D), a petition described in tration royalty panel"; the item relating to section 116 in the table paragraph (1) may be filed during 1995 and in (C) in paragraphs (2) and (3) by striking of sections at the beginning of chapter 1 of each subsequent fifth calendar year. "clause" each place it appears and inserting such title, are repealed. "(3) In proceedings under section 801(b)(l) "paragraph"; and (b) NEGOTIATED LICENSES.-Section 116A of concerning the adjustment of royalty rates (4) in subsection (g) by striking "clause" title 17 United States Code, is amended- as provided in section 115, a petition de- and inserting "paragraph". (A) by redesignating such section as sec- scribed in paragraph (1) may be filed in 1997 tion 116; SEC. 5. SECONDARY TRANSMISSIONS OF SUPER- and in each subsequent tenth calendar year. STATIONS AND NETWORK STATIONS (B) by striking subsection (b) and redesig- FOR PRIVATE HOME VIEWING. "(4)(A) in proceedings under section nating subsections (c) and (d) as subsections 801(b)(1) concerning the adjustment of roy- Section 119 of title 17, United States Code, (b) and (c), respectively; alty rates as provided in section 116, a peti- is amended- (C) in subsection (b)(2) (as so redesignated) (b)- tion described in paragraph (1) may be filed by striking "Copyright Royalty Tribunal" (1) in subsection at any time within 1 year after negotiated li- each place it appears and inserting "Librar- (A) in paragraph (1) by striking "; after censes authorized by section 116 are termi- ian of Congress"; consultation with the Copyright Royalty nated or expire and are not replaced by sub- (D) in subsection (c) (as so redesignated)- Tribunal," each place it appears; sequent agreements. (i) in the subsection caption by striking (B) in paragraph (2) by striking "Copyright "(B) If a negotiated license authorized by "ROYALTY TRIBUNAL" and inserting "ARBI- Royalty Tribunal" and inserting "Librarian section 116 is terminated or expires and is TRATION ROYALTY PANEL"; of Congress"; not replaced by another such license agree- (ii) by striking "subsection (c)" and insert- (C) in paragraph (3) by striking "Copyright ment which provides permission to use a ing "subsection (b)"; and Royalty Tribunal" and inserting "Librarian quantity of musical works not substantially (iii) by striking "the Copyright Royalty of Congress"; and smaller than the quantity of such works per- Tribunal" and inserting "a copyright arbi- (D) in paragraph (4)- formed on coin-operated phono-record play- tration royalty panel"; and (i) by striking "Copyright Royalty Tribu- ers during the 1-year period ending March 1, (E) by striking subsections (e), (f), and (g). nal" each place it appears and inserting "Li- 1989, the Librarian of Congress shall, upon (2) The table of sections at the beginning of brarian of Congress"; petition filed under paragraph (1) within 1 chapter 1 of title 17, United States Code, is (ii) by striking "Tribunal" each place it year after such termination or expiration, amended by striking "116A" and inserting appears and inserting "Librarian of Con- convene a copyright arbitration royalty "116". gress"; and panel. The arbitration panel shall promptly SEC. 4. PUBLIC BROADCASTING COMPULSORYLI- (iii) in subparagraph (B) by striking "con- establish an interim royalty rate or rates for CENSE. duct a proceeding" in the last sentence and the public performance by means of a coin- Section 118 of title 17, United States Code, inserting "convene a copyright arbitration operated phonorecord player of non-dramatic is amended- royalty panel"; and musical works embodied in phonorecords (I) in subsection (b)- (2) in subsection (c)- which had been subject to the terminated or (A) by striking the first 2 sentences; (A) in the subsection caption by striking expired negotiated license agreement. Such (B) in the third sentence by striking "DETERMINATION" and inserting "ADJUST- rate or rates shall be the same as the last "works specified by this subsection" and in- MENT": 32072 CONGRESSIONAL RECORD-HOUSE November 22, 1993 (B) in paragraph (2) by striking "Copyright the Librarian shall, pursuant to chapter 8 of (ii) by striking "Tribunal's decision" and Royalty Tribunal" each place it appears and this title, convene a copyright arbitration inserting "decision of the "Librarian of Con- inserting "Librarian of Congress"; royalty panel to determine the distribution gress"; and (C) in paragraph (3)- of royalty fees.". (iii) by striking "Tribunal" each place it (i) in subparagraph (A)- (6) Paragraph (4)(C) is amended by striking appears and inserting "Librarian of Con- (I) by striking "Copyright Royalty Tribu- "Copyright Royalty Tribunal" and inserting gress". nal" and inserting "Librarian of Congress"; "Librarian of Congress". SEC. 7. EFFECTIVE DATE AND TRANSITION PRO- and (b) AUDIO HOME RECORDING ACT.- VISIONS. (II) by striking the last sentence and in- (1) ROYALTY PAYMENTS.-Section 1004(a)(3) (a) IN GENERAL.-This Act and the amend- serting the following: "Such arbitration pro- of title 17, United States Code, is amended- ments made by this Act shall take effect on ceeding shall be conducted under chapter 8."; (A) by striking "Copyright Royalty Tribu- the date of the enactment of this Act. (ii) by striking subparagraphs (B) and (C); nal" and inserting "Librarian of Congress"; (b) EFFECTIVENESS OF EXISTING RATES AND (iii) in subparagraph (D)- and DISTRIBUTIONS.-All royalty rates and all de- (I) by redesignating such subparagraph as (B) by striking "Tribunal" and inserting terminations with respect to the propor- subparagraph (B); and "Librarian of Congress". tionate division of compulsory license fees (II) by striking "Arbitration Panel" and (2) DEPOSIT OF ROYALTY PAYMENTS.-Sec- among copyright claimants, whether made inserting "copyright" arbitration royalty tion 1006 of title 17, United States Code, is be the Copyright Royalty Tribunal, or by panel appointed under chapter 8"; amended by striking the last sentence. voluntary agreement, before the effective (iv) by striking subparagraphs (E) and (F); (3) ENTITLEMENT TO ROYALTY PAYMENTS.- date set forth in subsection (a) shall remain (v) by amending subparagraph (G) to read Section 1006(c) of title 17, United States in effect until modified by voluntary agree- as follows: Code, is amended by striking "Copyright ment or pursuant to the amendments made "(C) PERIOD DURING WHICH DECISION OF AR- Royalty Tribunal" and Inserting "Librarian by this Act. BITRATION PANEL OR ORDER OF LIBRARIAN EF- of Congress shall convene a copyright arbi- (c) TRANSFER OF APPROPRIATIONS.-Al un- FECTIVE.-The obligation to pay the royalty tration royalty panel which". expended balances of appropriations made to fee established under a determination (4) PROCEDURES FOR DISTRIBUTING ROYALTY the Copyright Royalty Tribunal, as of the ef- which- PAYMENTS.-Section 1007 of title 17, United fective date of this Act, are transferred on such effective date to the Copyright Office "(i) is made by a copyright arbitration roy- States Code, is amended- by the Copyright Office for the pur- alty panel in an arbitration proceeding under (A) in subsection (a)(l)- for use this paragraph and is adopted by the Librar- (i) by striking "Copyright Royalty Tribu- poses for which such appropriations were ian of Congress under section 802(e), or nal" and inserting "Librarian of Congress"; made. "(ii) is established by the Librarian of Con- and SEC. 8. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREW- gress under section 802(e), (ii) by striking "Tribunal" and inserting MEMBERS-ALASKA EXCEPTION. "Librarian of Congress"; shall become effective as provided in section (a) ALASKA EXCEPTION.-Section 258 of the (B) in subsection (b)- 802(f)."; and (i) by striking "Copyright Royalty Tribu- Immigration and Nationality Act (8 U.S.C. (vi) in subparagraph (H)- 1288) nal" and inserting "Librarian of Congress"; is amended- (I) by redesignating such subparagraph as (1) by redesignating subsection (d) as sub- and subparagraph (D); and section (e); and (II) by striking "adopted or ordered under (ii) by striking "Tribunal" each place it (2) by inserting after subsection (c) the fol- appears and inserting "Librarian of Con- subparagraph (F)" and inserting "referred to lowing new subsection: in subparagraph (C)"; and gress'; and "(d) STATE OF ALASKA EXCEPTION.-(1) Sub- (C) in subsection (c)- (D) by striking paragraph (4). section (a) shall not apply to a particular ac- (i)by striking the first sentence and in- SEC. 6. CONFORMING AMENDMENTS. tivity of longshore work at a particular loca- serting "If the Librarian of Congress finds tion in the State of Alaska if an employer of (a) CABLE COMPULSORY LICENSE.-Section the existence of a controversy, the Librarian alien crewmen has filed an attestation with 111(d) of title 17, United States Code, is shall, pursuant to chapter 8 of this title, con- amended as follows: the Secretary of Labor at least 30 days be- vene a copyright arbitration royalty panel to fore the date of the first performance of the (1) Paragraph (1) is amended by striking ". determine the distribution of royalty pay- after consultation with the Copyright Roy- activity (or anytime up to 24 hours before ments."; of the activity, upon a alty Tribunal (if and when the Tribunal has the first performance (ii) by striking "Tribunal" each place it showing that the employer could not have been constituted),". appears and inserting "Librarian of Con- (2) Paragraph (1)(A) is amended by striking reasonably anticipated the need to file an at- gress"; and testation for that location at that time) set- after consultation with the Copyright (iii) in the last sentence by striking "its Royalty Tribunal (if and when the Tribunal ting forth facts and evidence to show that- reasonable administrative costs" and insert- "(A) the employer will make a bona fide has been constituted),". ing "the reasonable administrative costs in- request for United States longshore workers (3) Paragraph (2) is amended by striking curred by the Librarian". who are qualified and available in sufficient sentences and by insert- the second and third (5) ARBITRATION OF CERTAIN DISPUTES.- numbers to perform the activity at the par- the following: "All funds held by the Sec- ing Section 1010 of title 17, United States Code, ticular time and location from the parties to retary of the Treasury shall be invested in is amended- whom notice has been provided under clauses United States securities for interest-bearing (A) in subsection (b)- (ii) and (iii) of subparagraph (D), except later distribution with interest by the Li- (i) by striking "Copyright Royalty Tribu- that- brarian of Congress in the event no con- nal" and inserting "Librarian of Congress"; "(i) wherever two or more contract steve- troversy over distribution exists, or by a and doring companies have signed a joint collec- copyright arbitration royalty panel in the (ii) by striking "Tribunal" each place it tive bargaining agreement with a single event a controversy over such distribution appears and inserting "Librarian of Con- labor organization described in subparagraph exists.". gress"; (D)(i), the employer may request longshore (4) Paragraph (4)(A) is amended- (B) in subsection (e)- workers from only one of such contract ste- (A) by striking "Copyright Royalty Tribu- (i) in the subsection caption by striking vedoring companies, and nal" and inserting "Librarian of Congress"; "COPYRIGHT ROYALTY TRIBUNAL" and insert- "(ii) a request for longshore workers to an and ing "LIBRARIAN OF CONGRESS"; and operator of a private dock may be made only (B) by striking "Tribunal" and inserting (ii) by striking Copyright Royalty Tribu- for longshore work to be performed at that "Librarian of Congress". nal" and inserting "Librarian of Congress"; dock and only if the operator meets the re- (5) Paragraph (4)(B) is amended to read as (C) in subsection (f)- quirements of section 32 of the Longshore- follows: (i) in the subsection caption by striking men's and Harbor Workers' Compensation "(B) After the first day of August of each "COPYRIGHT ROYALTY TRIBUNAL" and insert- Act (33 U.S.C. 932); year, the Librarian of Congress shall, upon ing "LIBRARIAN OF CONGRESS"; "(B) the employer will employ all those the recommendation of the Register of Copy- (ii) by striking "Copyright Royalty Tribu- United States longshore workers made avail- rights, determine whether there exists a con- nal" and inserting "Librarian of Congress"; able in response to the request made pursu- troversy concerning the distribution of roy- (iii) by striking "Tribunal" each place it ant to subparagraph (A) who are qualified alty fees. If the Librarian determines that no appears and inserting "Librarian of Con- and available in sufficient numbers and who such controversy exists, the Librarian shall, gress"; and are needed to perform the longshore activity after deducting reasonable administrative (iv) in the third sentence by striking "its" at the particular time and location; costs under this section, distribute such fees and inserting "the Librarian's"; and "(C) the use of alien crewmembers for such to the copyright owners entitled to such (D) in subsection (g)- activity is not intended or designed to influ- fees, or to their designated agents. If the Li- (i) by striking "Copyright Royalty Tribu- ence an election of a bargaining representa- brarian finds the existence of a controversy, nal" and inserting "Librarian of Congress"; tive for workers in the State of Alaska; and November 22, 1993 CONGRESSIONAL RECORD-HOUSE 32073 "(D) notice of the attestation has been pro- paragraphs (A) through (E) of subsection flects an agreement finally reached be- vided by the employer to- (c)(4) shall apply to attestations filed under tween fishing interests and the "(i) labor organizations which have been this subsection. longshore union in Alaska. I am de- recognized as exclusive bargaining represent- "(B) The use of alien crewmen to perform atives of United States longshore workers longshore work in Alaska consisting of the lighted that the groups were able to re- within the meaning of the National Labor use of an automated self-unloading conveyor solve their differences before the expi- Relations Act and which make available or belt or vacuum-actuated system on a vessel ration of the interim agreement next intend to make available workers to the par- shall be governed by the provisions of sub- month. ticular location where the longshore work is section (c). As far as I know, the Senate amend- to be performed, "(6) For purposes of this subsection- ment is without opposition in this body "(ii) contract stevedoring companies which "(A) the term 'contract stevedoring com- as well. employ or intend to employ United States panies' means those stevedoring companies I urge its adoption. longshore workers at that location, and licensed to do business in the State of Alas- Mr. HUGHES. "(iii) operators of private docks at which ka that meet the requirements of section 32 Mr. Speaker, the House the employer will use longshore workers. of the Longshoremen's and Harbor Workers' passed this bill on October 12. The Senate "(2)(A) An employer filing an attestation Compensation Act (33 U.S.C. 932); and passed the bill on November 20, with a few under paragraph (1) who seeks to use alien "(B) the term 'employer' includes any technical amendments. These amendments crewmen to perform longshore work shall be agent or representative designated by the represent improvements and I urge my col- responsible while the attestation is valid to employer; and leagues to support the bill and concur in the make bona fide requests for United States "(C) the terms 'qualified' and 'available in Senate amendments. longshore workers under paragraph (1)(A) sufficient numbers' shall be defined by ref- This bill will abolish the Copyright Royalty and to employ United States longshore erence to industry standards in the State of Tribunal, the only Government agency workers, as provided in paragraph (1)(B), be- Alaska, including safety considerations.". to be fore using alien crewmen to perform the ac- (b) CONFORMINGAMENDMENTS.-- eliminated this session of Congress despite a tivity or activities specified in the attesta- (1) Section 258(a) (8 U.S.C. 1288(a)) is lot of talk about reinventing Government. The tion, except that an employer shall not be amended by striking "subsection (c) or sub- tribunal's light workload and its members' in- required to request longshore workers from a section (d)" and inserting "subsection (c), ability to operate under majority rule argue for party if that party has notified the employer (d), or (e)". its abolition and replacement with ad hoc arbi- in writing that it does not intend to make (2) Section 258(c)(4)(A) (8 U.S.C. tration panels. This bill will save taxpayers and available United States longshore workers to 1288(c)(4)(A)) is amended by inserting "or copyright owners money. the location at which the longshore work is subsection (d)(l)" after "paragraph (1)" each I wish to thank my colleague, CARLOS to be performed. of the two places it appears. "(B) If a party that has provided such no- (3) Section 258(c) (8 U.S.C. 1288(0)) is MOORHEAD,ranking Republican member of the tice subsequently notifies the employer in amended by adding at the end the following Subcommittee for Intellectual Property and Ju- writing that it is prepared to make available new paragraph: dicial Administration, which I chair, for his United States longshore workers who are "(5) Except as provided in paragraph (5) of leadership on the bill, as well as Senators qualified and available in sufficient numbers subsection (d), this subsection shall not DECONCINIand HATCH,who were the spon- to perform the longshore activity to the lo- apply to longshore work performed in the sors of the legislation in the other body, and cation at which the longshore work is to be State of Alaska.". without whom this legislation would not have performed, then the employer's obligations (c) IMPLEMENTATION.-(1) The Secretary of to that party under subparagraphs (A) and Labor shall prescribe such regulations as been possible. (B) of paragraph (1) shall be 60 days following may be necessary to carry out this section. I would like to briefly explain the amend- the issuance of such notice. (2) Attestations filed pursuant to section ments made by the Senate. "(3)(A) In no case shall an employer filing 258(c) (8 U.S.C. 1288(c)) with the Secretary of First, in order to address concerns of small an attestation be required- Labor before the date of enactment of this royalty claimants, the Senate amendments re- "(i) to hire less than a full work unit of Act shall remain valid until 60 days after the quires the Librarian of Congress to choose United States longshore workers needed to date of issuance of final regulations by the two arbitrators from lists provided by profes- perform the longshore activity; Secretary under this section. "(ii) to provide overnight accommodations sional arbitration association, rather than, as in for the longshore workers while employed; or Mr. BROOKS (during the reading). the House-passed bill, from lists provided by "(iii) to provide transportation to the Mr. Speaker, I ask unanimous consent the parties. place of work, except where- that the Senate amendment be consid- Second, in order to ensure that the arbitra- "(I) surface transportation is available; ered as read and printed in the RECORD. tions will be efficiently handled, the arbitrators "(II) such transportation may be safely ac- The SPEAKER pro tempore. Is there selected are required to have experience in complished; "(III) travel time to the vessel does not ex- objection to the request of the gen- conducting arbitration proceedings and facili- ceed one-half hour each way; and tleman from Texas? tating dispute resolution and settlement. "(IV) travel distance to the vessel from the Mr. MOORHEAD. Mr. Speaker, re- Third, the arbitration panels are required to point of embarkation does not exceed 5 serving the right to object, I shall not conduct their proceedings according to the Ad- miles. object, but I wish to give the gen- ministrative Procedures Act. "(B) In the cases of Wide Bay, Alaska, and tleman from Texas the opportunity to Fourth, the Librarian of Congress is required Klawock/Craig, Alaska, the travel times and explain this legislation, and I yield to to adopt the rules and regulations of the Copy- travel distances specified in subclauses (III) the gentleman from Texas [Mr. right Royalty Tribunal until such time as the Li- and (IV) of subparagraph (A) shall be ex- tended to 45 minutes and 7.5 miles, respec- BROOKS]. brarian, upon the recommendation of the Reg- tively, unless the party responding to the re- Mr. BROOKS. Mr. Speaker, H.R. 2840 ister of Copyrights, adopts superseding or quest for longshore workers agrees to the abolishes the Copyright Royalty Tribu- supplemental regulations. lesser time and distance limitations speci- nal and reassigns its duties to ad hoc Fifth, the Librarian of Congress is directed fied in those subclauses. arbitration panels, the Copyright Of- to adopt the arbitration panel's decisions un- "(4) Subject to subparagraphs (A) through fice, and the Librarian of Congress. less he or she finds those decisions are arbi- (D) of subsection (c)(4), attestations filed This legislation passed the House on trary or contrary to the applicable provisions of under paragraph (1) of this subsection shall- "(A) expire at the end of the 1-year period October 12, 1993, under suspension of title 17, United States Code. The House- beginning on the date the employer antici- the rules. passed limited this review to arbitrary deter- pates the longshore work to begin, as speci- On November 20, the Senate passed minations. fied in the attestation filed with the Sec- the legislation with an amendment Sixth. assignment of the costs of the arbitra- retary of Labor, and adding a provision which narrowly re- tion proceedings is treated differently depend- "(B) apply to aliens arriving in the United defines the limitations on the perform- ing on whether the proceeding is one for rate- States during such 1-year period if the ance of longshore work by alien crew- making or distribution of royalties. If the pro- owner, agent, consignee, master, or com- men in Alaska. This action was taken is for ratemaking, the parties shall manding officer states in each list under sec- ceeding tion 251 that it continues to comply with the in response to problems which have bear the cost in direct proportion to their share conditions in the attestation. arisen due to the implementation of of the distribution. If the proceeding is for dis- "(5)(A) Except as otherwise provided by the Immigration Technical Corrections tribution of royalties, the parties are to bear subparagraph (B), subsection (c)(3) and sub- Act of 1991. The present provision re- costs in such manner and proportion as the 32074 CONGRESSIONAL RECORD-HOUSE November 22, 1993 arbitration panel directs. The House-passed The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there version had only method of allocating costs, objection to the initial request of the objection to the request of the gen- that for distribution proceedings. gentleman from Texas? tleman from Texas? Seventh, the Librarian of Congress is di- There was no objection. There was no objection. rected to adopt regulations regarding the A motion to reconsider was laid on The Clerk read the Senate bill, as fol- standards of conduct governing arbitration the table. lows: panels. No such provision was contained in S. 1764 the House-passed bill. The establishment of EXTENDING CERTAIN AUTHORITY Be it enacted by the Senate and House of Rep- resentatives of the United ethical criteria in the selection and conduct of MARSHAL OF THE SU- States of America in FOR THE Congress assembled, That section 9(c) of the arbitrators is a welcome addition to the legisla- PREME COURT AND SUPREME tion. Act entitled "An Act relating to the policing COURT POLICE of the building and grounds of the Supreme Eighth, the effective date of the act has Mr. BROOKS. Mr. Speaker, I ask Court of the United States." approved Au- been changed from January 1, 1994, to the gust 18, 1949 (40 U.S.C. 13n(c)), is amended in date of enactment. Since the 1990 cable dis- unanimous consent that the Senate bill (S. 1764) to provide for the extension of the first sentence by striking out "1993" and tribution has been suspended at the request of inserting in lieu thereof "1996". of the parties, there is no need to delay the ef- certain authority for the Marshal the Supreme Court and the Supreme The Senate bill was ordered to be fective date. read a third time, was read the third I would also like to comment briefly on a Court Police be rereferred exclusively to the Committee on the Judiciary, time, and passed, and a motion to re- few issues raised by the parties who currently consider was laid on the table. participate in proceedings of the Copyright and to discharge the Committee on the Royalty Tribunal. There are a number of prac- Judiciary from further consideration of tices of the tribunal that have grown up over the Senate bill (S. 1764) to provide for ARBITRATION EXTENSION UNDER the years and that should be continued by the the extension of certain authority for PROVISIONS OF THE UNITED ad hoc arbitration panels established by H.R. the Marshal of the Supreme Court and STATES CODE the Supreme Court Police, and ask for 2840. The first of these concerns partial dis- Mr. BROOKS. Mr. Speaker, I ask tribution of royalty funds. Even in instances its immediate consideration. The Clerk read the title of the Senate unanimous consent that the Commit- where there is a controversy over the distribu- bill. tee on the Judiciary be discharged tion of royalties, the CRT has traditionally dis- The SPEAKER pro tempore. Is there from further consideration of the Sen- tributed a very large proportion of the royalties objection to the request of the gen- ate bill (S. 1732) to extend arbitration before final adjudication. An amount sufficient tleman from Texas? under the provisions of chapter 44 of to cover disputed amounts is retained. This Mr. MOORHEAD. Mr. Speaker, re- title 28, United States Code, and for practice, which gets needed royalties to copy- serving the right to object, I do so to other purposes, and ask for its imme- right owners at the earliest possible time is a give the gentleman an opportunity to diate consideration. good one and should be followed by the Li- explain to us what this bill does. The Clerk read the title of the Senate brarian of Congress upon enactment of the I yield to the gentleman from Texas bill. Copyright Royalty Reform Act of 1993. [Mr. BROOKS]. The SPEAKER pro tempore. Is there The CRT has also held open hearings at Mr. BROOKS. Mr. Speaker, this legis- objection to the request of the gen- which oral testimony and cross examination is lation extends for 3 years the authority tleman from Texas? permitted. This too should be continued by the of the Supreme Court Police to protect Mr. MOORHEAD. Mr. Speaker, re- copyright arbitration royalty panels. In order to Justices of the U.S. Supreme Court-as serving the right to object, I yield to reduce the amount of actual litigation time, well as their officers, employees, and the gentleman from Texas [Mr. and thereby reduce expenses, I encourage the guests-when off the grounds of the Su- BROOKS] to explain this legislation. Librarian to promulgate regulations permitting preme Court Building. Mr. BROOKS. Mr. Speaker, on Octo- exchange of information before the tolling of Since 1982, when Congress first recog- ber 12, 1993, the House passed H.R. 1102, the 180 decision period, and, to the extent nized the Supreme Court Police's juris- the Court Arbitration Authorization practicable, generally to permit precontroversy diction outside the Court grounds, Act of 1933, which permanently reau- discovery. threats of violence against the Justices thorizes and extends court-sponsored As discussed above, the Senate amend- and the Court have increased. These in- arbitration in the Federal courts. A ments require the Librarian of Congress to se- cidents have increased the need for the successful pilot project for 20 Federal lect arbitrators from a list supplied from profes- Supreme Court Police to protect Jus- district courts was authorized in 1988 sional arbitration associations and to select in- tices when they are away from the and expired a few days ago. dividuals with experience in adjudication and Court. This authority became even The bill required Federal district dispute settlement. I have been informed that more important with the Court's use of courts to develop, by local rule, manda- there are such associations which include space in the new Thurgood Marshall tory or voluntary arbitration pro- former Federal and State judges. These indi- Federal Judiciary Building here in grams. It provided that all persons sub- viduals would appear to be well-qualified to Washington. ject to mandatory arbitration may re- perform the arbitration duties assigned under The existing authority is set to ex- quest a full trial at the conclusion of the bill. pire, under the terms of its last 3-year the arbitration proceedings. Parties who appear before the CRT re- extension, on December 29, 1993. This The Senate bill provides a simple, quested that the bill require the Librarian to legislation would extend it until De- short-term reauthorization for 1 year. choose arbitrators willing to serve a 6-year cember 1996. The House amendment is necessary to term in order that there be continuity in deci- S. 1764 passed the Senate on Novem- revive the program because it expired sionmaking. These individuals would only be ber 20. I urge adoption of the bill by the last Friday. I am supporting this legis- paid as they needed, however. I agree that House today. lation because of the importance of continuity is desirable. The Librarian of Con- Mr. MOORHEAD. Mr. Speaker, fur- continuing efforts to facilitate access gress certainly has the discretion to chose in- ther reserving the right to object, I re- to justice in an efficient yet fair man- dividuals willing to serve for 6 years. The Sen- ceived a letter from the Chief Justice ner. I hope that in the next session, be- ate decided not to make this a requirement, of the Supreme Court just in the last fore this program expires again, we can however, and I agree with that decision. day or two saying that this bill would enact a longer-lasting arbitration al- Mr. MOORHEAD. Mr. Speaker, I be very helpful, and he felt it was very ternative that offers litigants and op- withdraw my reservation of objection. necessary for them to have to give portunity to reduce expense or delay. The SPEAKER pro tempore. Is there them the protection they need, so I ask Mr. Speaker, I am also including in objection to the request of the gen- for an "aye" vote. the RECORD at this point a summary of tleman from Texas? Mr. Speaker, I withdraw my reserva- H.R. 1102, the Court Arbitration Au- There was no objection. tion of objection. thorization Act of 1993, as follows: November 22, 1993 CCONGRESSIONAL RECORD-HOUSE 32075 SUMMARYOF H.R. 1102,THE COURT the arbitrations programs nationwide sentence by striking out "5 years after the ARBITRATIONAUTHORIZATION ACT OF 1993 through H.R. 1102. date of the enactment of this Act" and in- Summary: In 1988, Congress enacted legis- H.R. 1102, as passed by the House of serting in lieu thereof "December 31, 1994". lation authorizing 10 pilot programs of (b) AUTHORIZATION OF APPROPRIATIONS.- Representatives on the Suspension Cal- Section 905 of the Judicial Improvements "mandatory" court-annexed arbitration that endar on October 12, 1993, directs that were in operation in the Federal Courts, as and Access to Justice Act (28 U.S.C. 651 note; well as 10 additional pilot programs that all district courts provide, by local rule Public Law 100-702; 102 Stat. 4664) is amended would be "voluntary." This authorization is arbitration, programs of some form. It in the first sentence by striking out "4" and scheduled to expire on November 19. 1993. increases the maximum amount in con- inserting in lieu thereof "7". H.R. 1102, as amended, repeals this sunset troversy for mandatory referral to AMENDMENT OFFERED BY MR. BROOKS provision and requires that all Federal Dis- $150,000. Mr. BROOKS. Mr. Speaker, I offer an trict Courts make available to their litigants The Committee on the Judiciary also amendment. some form of arbitration procedure, either recommends in its report that to strongly The Clerk read as follows: voluntary or mandatory (or both), subject cat- the restrictions in the existing law. It also all district courts select certain Amendment offered by Mr. BROOKS:Add increases the maximum amount in con- egories of cases for mandatory referral. the following after section 1: troversy for "mandatory" referral from In doing so, I would say that the SEC.2. TREATMENTOF EXPIRED PROVISIONS. $100,000 to $150.000. mandatory designation for these pro- Chapter 44 of title 28, United States Code, The bill retains provisions of current law grams is misleading because there is a and the item relating to that chapter in the which make all arbitration awards subject to great flexibility in this mandatory table of chapters at the beginning of part III as numerous procedural trial de novo, as well process. First of all, arbitration can be of such title, shall be effective on or after limits on arbitrator powers. A number of the date of the enactment of this Act as if classes of cases are excluded from consider- used only for cases with potential money damages of under $150,000. Also, such chapter and item had not been repealed ation for arbitration, such as civil rights ac- by section 906 of the Judicial Improvements tions. In essence, because of the right to many cases are exempt from referral and Access to Justice Act, as such section refuse voluntary arbitration and to have a under the existing law, and local courts was in effect on the day before the date of jury trial following mandatory arbitration, are allowed to chose those categories of the enactment of this Act. all Federal arbitration under this legislation cases which are most suitable for refer- Mr. BROOKS (during the reading). is more accurately described as "non-bind- ral. Finally, and most significantly, all ing" arbitration. Mr. Speaker, I ask unanimous consent Senate bill: The Senate bill, S. 1732, is a cases are subject to trial de novo. that the amendment be considered as one-year extension of authority for the pilot Given this fact, mandatory arbitration read and printed in the RECORD. project. might more accurately be called non- The SPEAKER pro tempore. Is there House amendment: The House technical binding arbitration. objection to the request of the gen- amendment is necessary because the pro- Our Federal courts are experiencing be tleman from Texas? gram expired on November 19 and must tremendous backlogs in their civil "revived," not extended. There was no objection. dockets. These backlogs are adding not Speaker, fur- The SPEAKER pro tempore. The Mr. MOORHEAD. Mr. only delay, but expense. It behooves us ther reserving the right to object, I question is on the amendment offered to make this modest adjustment in the by the gentleman from Texas [Mr. wish to congratulate the gentleman civil process and allow for arbitration from New Jersey [Mr. HUGHES] and the BROOKS]. options designed at the local level. In The amendment was agreed to. gentleman from Texas [Mr. BROOKS] for fact, with the difficulty of getting civil the work that they have done on this The Senate bill was ordered to be cases to trial due to the great increase read a third time, was read the third fine piece of legislation which I feel is in criminal dockets in the Federal very important and very necessary, time, and passed, and a motion to re- Court System, H.R. 1102 might aptly be consider was laid on the table. providing for a 1-year extension of the named the "Access to Civil Justice 20 pilot arbitration programs in oper- Act." ation in the Federal district courts. The other body, however, believes it C 0200 Mr. Speaker, further reserving the needs more time to study H.R. 1102, so right to object, I yield to the gen- MAKING A TECHNICAL AMEND- as an interim measure, they have tleman from New Jersey [Mr. HUGHES]. MENT OF THE CLAYTON ACT passed S. 1732 to extend until December Mr. HUGHES. Mr. Speaker, the bill BROOKS. Mr. Speaker, I ask 31, 1994, the 20 pilot projects. Mr. before the House today is a stop-gap consent to take from the In passing S. 1732 today, I would say unanimous provision to authorize pilot court-an- bill (S. 664) that I look forward to working with Speaker's table the Senate nexed arbitration for another year. amendment to the Senator HEFLIN, Senator GRASSLEY, making a technical The existing authorization for pilot Clayton Act, and ask for its immediate court-annexed arbitration in the Fed- and my ranking Member, Congressman MOORHEAD in the next session to refine consideration. eral System was enacted in 1988 and ex- title of the Senate H.R. 1102 so that it will provide mean- The Clerk read the pired on November 19, 1993. bill. The 1988 legislation identified 10 pilot ingful and expedited access to civil jus- tice. The SPEAKER pro tempore (Mr. districts for mandatory pilot programs objection In the interim, I urge my colleagues PAYNE of Virginia). Is there and directed the judicial conference to to the request of the gentleman from identify 10 other districts for voluntary to accept S. 1732. Mr. MOORHEAD. Mr. Speaker, I Texas? programs. FISH. Mr. Speaker, reserving the withdraw my reservation of objection. Mr. Our review of these pilot programs right to object, and I will not object, as The SPEAKER pro tempore. Is there revealed that the pilot projects in the of the Antitrust objection to the request of the gen- the principal sponsor mandatory courts were working very H.R. 29, which tleman from Texas? Amendments Act of 1990, well and meeting their goals of: interlocking direc- First, providing options to litigants; There was no objection. modernized the of section 8 of the Second, reducing costs and time of The Clerk read the Senate bill, as fol- torate provisions I now rise in support of S. litigation; and lows: Clayton Act, which makes a technical amend- Third, reducing the burdens on the S. 1732 664, ment to that same section of the Clay- courts. Be it enacted by the Senate and House of Rep- We also determined that the manda- ton Act, 15 U.S.C. 19. resentatives of the United States of America in from October 30 tory programs were far more successful Congress assembled, S. 664 simply changes the date by which the than the voluntary programs, and that SECTION 1. EXTENSION OF ARBITRATION. to January 31 annual revision the dollar limit for mandatory pro- (a) AMENDMENT OF REPEAL.-Section 906 of FTC must publish its grams should be raised. the Judicial Improvements and Access to of the jurisdictional threshold amounts The House of Representatives' re- Justice Act (28 U.S.C. 651 note: Public Law for the application of the act's prohibi- sponse to this situation was to expand 100-702; 102 Stat. 4664) is amended in the first tion against interlocking directorates. 59-059 0--97Vol. 139(P. 22) 37 32076 CONGRESSIONAL RECORD-HOUSE November 22, 1993 This change is necessary because the ANNUAL REPORT OF RAILROAD old woman who died because the nursing Federal Trade Commission must base RETIREMENT BOARD, FISCAL home pharmacist gave her blood pressure its revised threshold amounts on GNP YEAR 1992-MESSAGE FROM THE medicine, corgard, instead of cephradine an data which the Department of Com- PRESIDENT OF THE UNITED antibiotic; a 4-year old girl who was sedated merce cannot now make available until STATES with chloral hydrate at a diagnostic center died after the date by which the present law The SPEAKER pro tempore laid be- when the medical technician gave her twice the normal requires the Commission to act. fore the House the following message adult dose; a 13-year-old boy un- dergoing oral surgery died with he was given I urge all Members to join me in sup- from the President of the United 12 teaspoons of chloral hydrate; a 20-year-old States; which was read and, together port of S. 664. man died when a local pharmacy dispensed with the accompanying papers, without Mr. Speaker, further under my res- the drug methotrexate, an objection, referred to the Committee anticancer drug, ervation of objection, I yield to the rather than metolazone the kidney drug his on Energy and Commerce and the Com- gentleman from Texas [Mr. BROOKS]. physician had prescribed; a women on her mittee on Ways and Means: (Mr. BROOKS asked and was given seventies and a women in her forties were permission to revise and extend his re- To the Congress of the United States: over medicated, and one subsequently died, marks.) I hereby submit to the Congress the when staff in a physician's office incorrectly communicated the wrong dosage of a drug to Mr. BROOKS. I thank my distin- Annual Report of the Railroad Retire- ment Board for Fiscal Year 1992, pursu- a pharmacy and to the patient. guished friend, the gentleman from These accounts illustrated that medication New York [Mr. FISH] for yielding. ant to the provisions of section 7(b)(6) of the Railroad Retirement Act and errors are not confined to one setting and that Mr. Speaker, S. 664 makes a technical section 12(1) of the Railroad Unemploy- the same faults are often repeated. We need correction to the date by which the ment Insurance Act. to create a national clearinghouse that will Federal Trade Commission [FTC] is re- WILLIAM J. CLINTON. protect patient care by identifying repeated quired to report any revisions it makes THE WHITE HOUSE, November 22, 1992. mistakes and addressing and fixing any prob- in the jurisdictional dollar thresholds lems. The facts collected by this date bank will that trigger the act's prohibition on improve the present health care delivery sys- interlocking directorates. GENERAL LEAVE tem; further, this information cannot be used for prosecuting individuals. Section 8(a)(5) of the Clayton Act (15 Mr. BROOKS. Mr. Speaker, I ask Currently, there are no substantive figures U.S.C. 19(a)(5)) was enacted on Novem- unanimous consent that all Members to indicate the number of incidents which may ber 16, 1990, and requires, among other may have 5 legislative days in which to be occurring. The only way medical boards things, that the FTC report, by October revise and extend their remarks on the are alerted to problems is if consumers or 30 of each year, any revisions it makes 4 bills just passed. health personnel voluntarily report them. Ex- in the jurisdictional dollar thresholds. The SPEAKER pro tempore. Is there perts in the field cite national estimates that in- The annual revisions are to be based on objection to the request of the gen- dicate that one in 3,000 prescriptions are in- the change in the gross national prod- tleman from Texas? deed wrong. One such authority put it in per- uct [GNP] as determined by the De- There was no objection. spective: if there are 4 billion prescriptions a partment of Commexce. year, 1 error in 3,000 is "a lot of errors." Since the Department of Commerce As Americans, we hear daily of how we does not publish final figures for the SAFE MEDICATIONS ACT OF 1993 have the most advanced health care system in GNP until December, the FTC cannot The SPEAKER pro tempore. Under a the world. This stellar medical delivery system adjust these jurisdictional thresholds previous order of the House, the gen- includes technology that is able to diagnose by October 30 to comply strictly with tleman from Pennsylvania [Mr. COYNE] diseases before they develop and cutting edge the reporting deadline. S. 664 merely is recognized for 5 minutes. surgery that reconstructs and replaces vilal or- changes the reporting deadline to Jan- Mr. COYNE. Mr. Speaker, I rise today to in- gans. The system also includes a wide variety of medications and devices that are used to uary 31. troduce the Safe Medications Act of 1993. This legislation will improve the public health treat and cure illnesses. These sophisticated This change improves the efficiency technologies and the wide availability of medi- of the Government and saves the ex- by creating a national, confidential information in- network to track deaths caused by medication cations and devices also unfortunately penditure of funds required to print an crease the chances for mistakes. explanation of the delay in the Federal errors. The data will then be shared with prac- Under our present medical system, if a titioners through publications to educate and Register every year. I urge its passage. health care practitioner accidently prescribes, Mr. FISH. Mr. Speaker, I withdraw inform them of mishaps that can take place dispenses or administers an inaccurate does my reservation of objection. when prescribing, dispensing and administer- of a drug or confuses the labels of two drugs ing medications. This bill is designed to build The SPEAKER pro tempore. Is there and mismedicates a patient, there is no re- upon, not replace the voluntary and State sys- quired reporting system, in most cases, for objection to the request of the gen- tems already in place. tleman from Texas? practitioners to share the incidient. Sometimes In late October, the Pittsburgh Post-Gazette these errors have little health consequences, There was no objection. published a series of articles by writer Steve sometimes they cause permanent damage to Twedt that detailed medication The Clerk read the Senate bill, as fol- errors. Mr. an individual's well-being and sometimes they Twedt's series contained some disturbing sta- lows: are fatal. Ultimately, since there is no manda- tistics in this area. He reported that a Pitts- tory reporting system, these unfortunate occur- S. 664 burgh-Post Gazette study of 250 hospital rences are repeatedly causing permanent Be it enacted by the Senate and House of Rep- pharmacists across the country estimated that health problems for productive people and resentatives of the United States of America in there were 16,000 medication errors in their sometimes killing others. Congress assembled, institutions in 1992; 106 of them caused pa- Two States require reporting medication er- tient deaths. SECTION 1. TECHNICAL AMENDMENTOF THE rors; New York as a mandatory program for CLAYTON ACT. After reading the Post-Gazette series on this hospitals and North Carolina has a required topic and after reviewing extensive industry reporting system for its pharmacies. While Section 8(a)(5) of the Clayton Act (15 data, I have concluded that the present sys- U.S.C. 19(a)(5)) is amended by striking "Octo- these programs are important steps in ad- ber 30" and inserting "January 31". tem for monitoring medication errors needs to dressing this problem on a local level, the in- be improved. A voluntary reporting program formation they collect is not available to other The Senate bill was ordered to be has tracked over 600 mishaps that have oc- regions of the country as quickly as it could read a third time, was read the third curred in a variety of health care facilities. be. time, and passed, and a motion to re- Some examples reported to the U.S. Pharma- Miscalculations are not typically isolated to consider was laid on the table. copeia over the last year include: a 98-year- one area. Mistakes which happen in New York November 22, 1993 CONGRESSIONAL RECORD-HOUSE 32077 and North Carolina, could most likely be oc- As I stated earlier, this bill is not designed The 1985 death of Lillian Cedeno, who was curring in other parts of the Nation. It is impor- to address medical liability. This legislation is pregnant, helped to move New York to state- tant to establish a structure to interface both to make certain that information drawn from a wide mandatory reporting for hospital pa- on State and Federal levels. national clearinghouse is published and that tients' injuries. And a series of three inci- The Institute for Safe Medication Practices health care professionals dents that killed four patients prompted the are informed of North Carolina Board of Pharmacy to adopt established the medication error reporting pro- deaths that can occur during the prescribing, mandatory reporting of fatal errors. gram (MER). This voluntary system is coordi- dispensing and administration of drugs. While "As far as we can tell, any reporting out nated by the U.S. Pharmacopeia, the organi- this bill requires all fatal medical mishaps to there is minimal if there's any at all," said zation that sets drug standards and publishes be reported, the identities of those reporting David R. Work, executive director or North drug information. This program is vital in iden- will remain anonymous. Anyone who tries to Carolina's board, which surveyed other tifying miscaluations and educating over 1.5 gain access to the data bank will be fined up states before enacting its reporting regula- million health professionals about the mis- tions. to $15,000 and could be subject to imprison- "I think they just haven't thought about understandings, miscalculations and ment for a first offense. it." misadministration that may accompany the This bill authorizes the necessary appropria- Hospitals traditionally have operated prescribing, dispensing and administering of tions for this data bank. under an honor system in which they inves- medications. Unfortunately, as one of the Mr. Speaker, today medication errors occur tigate their own medication errors, then act founders of the MER program recently noted, that often result in death. Most times, these to prevent a recurrence. Presumably the "We know we don't get a very large percent- are honest mistakes made by otherwise com- problem gets solved-at that particular hos- age of the actual incidents because it's not re- petent providers. We need to establish a neu- pital. tral, educational system that will help medical The U.S. Food and Drug Administration. quired." with overriding authority for regulating First, we need to maintain and expand upon personnel who prescribe, administer and dis- medications and medical devices, requires the voluntary MER program. This can be done pense medication and perhaps cause a fatal manufacturers to report adverse reactions to by requiring all health care entities to report accident to share their experience anony- their drugs, but makes no requirement that deaths caused from medication errors to the mously with their peers. Remember, a great health professionals or hospitals report even FDA. The U.S. Pharmacopeia and FDA al- deal of these errors involve administering the fatal medication errors. ready collaborate to help address faults that wrong drug, the incorrect strength or the im- And the Joint Commission for Accredita- health professionals elect to share. This effort proper dosage due to misreading prescription tion of Htalthcare Organizations, a vol- is catching some of the medication errors; but untary, independent organization that ac- abbreviations, writing or confusing products credits about 80 percent of U.S. hospitals, we need to bolster that effort. because of similar labels or names. The possi- says only that hospitals must have a policy Second, and perhaps most importantly, to bility of accidents increases with the amount of for dealing with-medication errors. It does protect the public health and welfare, we must drugs on the market. Health professionals not analyze those errors to spot recurring ensure that this information is disseminated to have concluded that learning of their col- problems. other health care providers to educate them leagues' experiences is helpful for practicing One disagreement among those who advo- and minimize unnecessary risks. My legisla- better medicine and to prevent recurring prob- cate better reporting is on the question of tion will achieve these goals. whether medication error reports should be lems. With a greater awareness of potential voluntary or mandatory. With this in mind, I have developed legisla- problems, safeguards can be instituted to tion that will: The voluntary approach encourages report- avoid them, thereby promoting better patient ing, one side says. But without mandatory Establish a system that will address mis- care. reporting, the picture will be incomplete be- interpretation, misreading and misdiagnosing I look forward to working with all the groups cause few will report, the other side drugs by requiring health care institutions to involved with this effort to construct the most counters. A third group favors mandatory re- report deaths caused by medication errors to effective system possible so that we can re- porting of fatal errors, but only with legal one central entity. health. and professional immunities for the health duce errors and improve America's care workers involved. Require the FDA to review this information Mr. Speaker, I ask that part 4 of the Pitts- and share it with other providers who pre- Under the current system, however, pa- burgh-Post Gazette series be printed in the tients must accept hospital's word that it scribe, dispense and administer prescription RECORD. drugs. aggressively investigates mistakes and takes HosPITALS ARE BLIND TO EACH OTHER'S steps to prevent recun'ences. Finally, ensure the confidentiality of the indi- MISTAKES "We don't have any reason to disbelieve viduals and institutions involved so that honest (By Steve Twedt) them," said Work. "However, if [medication oversights can be addressed without assigning In nearly all walks of life, tragedies born of error reporting] is being handled adequately, liability. human error launch public invesigations to why shouldn't it be public?" Presently, health care personnel in a wide assign blame and establish underlying A SEARCH FOR ERRORS variety of institutions are able to prescribe, dis- causes. One state-New York-has a comprehen- pense and/or administer prescription drugs. A serious car accident will set in motion sive reporting system that allows health de- These institutions include pharmacies, hos- investigations by the local police depart- partment officials to monitor hospital mis- pitals, long-term care facilities, ambulatory ment and other public safety officials to de- haps, including medication errors. care facilities and physician offices. Since termine what happened and what could be From Oct. 1, 1985 through June 15, 1993, Pro- these entities are involved in medicating pa- done to prevent it from happening again. A New York's Hospital Incident Reporting train derailment or plane crash will send Na- gram collected 4,172 reports of medication tients there is a possibility that mistakes can tional Transportation Safety Board officials errors from New York hospitals, 261 of which occur in any one of these settings. scrambling to the scene within hours. Their resulted in a patient's death. And officials This legislation will require these providers investigation of one accident may lead to believe those numbers represent only part of to notify Food and Drug Administration (FDA) changes in an entire fleet of aircraft. the total. of deaths caused by medication errors in their But medication errors in America's hos- "Even with these regulations we know institutions. These reports must be made with- pitals are different. Most medication errors we're getting underreported. The hospitals in 10 working days from the date the error are not investigated by anyone outside the nickel and dime us by saying. 'Oh, it was re- believe was discovered. In order to analyze each hospital walls. paired immediately.' You wouldn't And when the lessons from those mistakes how many interpretations [of the law] we've problem these reports must include the drug are kept within the hospital, the mistakes had," said George Ennis, senior hospital ad- name or names, a description of the error, the are doomed to be repeated at a cost measur- ministration consultant for New York's date and time the death occurred and when able in human lives, ruined careers and cost- state Department of Health. and how the error was discovered. ly lawsuits. For example, Ennis said, they heard The FDA will examine the reports it is given In examining how hospital medication er- unconfirmed reports that doctors would from these health care entities. This informa- rors are handled across America, the Post- "sit" on patients who developed blood clots tion will then be shared with the U.S. Pharma- Gazette found most states lack any program shortly after surgery, rather than return that could identify patterns of medication them to surgery. copeia and with select national and specialty errors. The reason: an immediate return to sur- health professional organizations so that they In two exceptions-New York and North gery would be a reportable incident under can notify and alert their constituencies of po- Carolina-the decision to start such a pro- New York state law, something doctors tential problems. gram was spurred by ghastly mistakes. wanted to avoid. 32078 (:ONGRESSIONAL RECORD-HOUSE November 22, 1993 Ennis said: "What we were hearing from "That's when I said we needed to do some- pensed a potent cancer-fighting drug instead all over the place, is 'You know. you guys thing about reporting these deaths," said of a diuretic. Sun had suffered per- are preventing people from getting appro- Work. "From a public health standpoint, I A few years earlier, brain damage because of an anesthe- priate care.' Believe it or not, the doctors don't think it's arguable. Public health and manent he was undergoing sur- were blaming it on us." safety demands that it be reported. Not that siology mix-up while Earlier this year, the system was modified it be reported if they feel like it, or if risk gery. For months, the Kentucky pharmacy board so that hospital staff members are identified management people say they should." considered various reporting regulations, by code numbers known only to that hos- But while fatal dispensing errors must now most versions modeled after North Caroli- pital's administration. Non-serious incidents be reported to the pharmacy board, no simi- na's. But, earlier this year, the idea lost are reported in aggregate on a quarterly lar regulations apply for the North Caroli- na's physician and nurse licensing boards. steam. basis. Ralph Bouvette, who became executive di- also said the state wants to handle Ennis PATCHWORK SAFETY NET rector in January, said the board was trou- "We were not making the reports differently. That inconsistency is reflected across the bled by North Carolina's emphasis on fatal adequate use of the information. We were country, where the Post-Gazette contacted errors. getting lots of information in but we weren't health officials in every state and found a "I don't know what they're gaining by doing much with it. And, even more impor- patchwork of approaches to tracking medi- that. They should investigate each and every tantly, the hospitals weren't doing much cation errors. complaint, regardless of the outcome," he with it." Kansas, for example, requires hospitals to said. the New But even with those limitations, report- any injury-causing error to the state But state officials can't count on com- York system enabled the health department health department but only its nursing plaints to alert them, according to North in 1988 to send out statewide alerts after offi- board analyzes that information to spot pat- Carolina's Work. He noted that the North in admin- cials noted a series of mistakes terns. The pharmacy and medicine boards Carolina board received 15 reports of deaths istering potassium chloride, a medication don't do the same for errors made by phar- in the first year of its new reporting regula- which showed up repeatedly in the Post-Ga- macists or doctors. tions. In each case, no complaint had been zette investigation of hospital medication Colorado also has a reporting system but it filed "and none of those [incidents] were in errors. doesn't cover all medication errors. Since the newspaper, so we wouldn't have found The New York alert went out nearly five January 1991, the health department has re- out about them without our reporting rule." began years before the U.S. Pharmacopoeia ceived only 17 reports of medication errors. In states without mandatory reporting, enforcing a standard that calls for putting The Massachusetts health department re- some officials concede they have only a frag- warning on po- black caps imprinted with a quires reports on any "serious incidents . . mentary picture of medication errors in tassium chloride concentrate bottles. which seriously affects the health and safety their hospitals. regarding "There are many, many medication errors New York also sent out alerts of its patients." Does that include medica- and injuries occurring brought to the board be- laser surgery injuries tion errors? "It could." said program admin- that would never be during a new procedure in which a patient's cause the hospital takes care of it," said istrator Margery Eramo. and nursing edu- gallbladder is removed with the aid of a Louisiana, like many states, does not re- Ruth Ann Terry, supervisor consultant for the California Board of laparoscope. quire medication error reports. cation Without mandatory reporting, Ennis said, "The problem we run into with trying to Registered Nurses. "There really may be a pattern [of errors] none of that would have happened. regulate it is, when do you report and when do not believe you accomplish anything that nobody has looked at that could cause "I do you not report? If we report every little system. If you don't have harm in patients. Right now we don't have a by the voluntary incident, then we will be inundated. Paper- reporting, everyone will protect real view of what's happening." mandatory work is not going to help anybody," said themselves." Board of Pharmacy Executive Director How- MISSING THE BIG PICTURE ACTION IN NORTH CAROLINA ard B. Bolton. Nor does the nation as a whole. Instead, After learning that four patients were "On the other hand if we ask hospital phar- medication errors typically are viewed as in- killed in North Carolina hospitals when the macy directors to document mishaps, then dividual mistakes rather than small pieces hospital pharmacies made mistakes. North perhaps we'll get a pattern of incidents that of a single, dangerous puzzle. Carolina's Board of Pharmacy last year be- we might need to work on." At the annual meeting of the American So- came one of the few state licensing boards In Pennsylvania, where hospitals must re- ciety of Hospital Pharmacists in Orlando December, one speaker said the problem that requires reports on fatal errors. port fires or power outages to state health last In January 1988, a night pharmacist at officials, there is no requirement to report of medication errors "is vastly underappre- Charlotte Memorial Hospital (now Carolinas even fatal medication errors. ciated." "It is underappreciated in health care be- Medical Center), accidentally dispensed bags "We haven't found that there have been a cause we never see it in the aggregate. We of TPN. a liquid nourishment, instead of a lot of problems in the hospitals that should see it one patient at a time," said Bill cardioplegia solution that was ordered for have been brought to our attention that Zellmer, an ASHP vice president. two men scheduled for heart bypass surgery. weren't," said William F. White, director of The irony is that potentially valuable in- Cardioplegia is used to bathe the resting the Division of Hospitals for the state health formation on medication errors exists within heart during the operation. department. key agencies such as the FDA. The error was discovered after doctors "The other problem is the whole process of The FDA's Adverse Drug Reaction Report- could not restart either man's heart follow- overregulation. If everyone started reporting ing System has a database of 675,000 adverse ing the surgery. It became public after the every problem, I don't have the resources to drug reaction reports going back to 1969, Charlotte Observer newspaper broke the deal with that." some of which the Post-Gazette found explic- story. White acknowledged that his staff has itly describe medication errors which led to As the North Carolina Board of Pharmacy sometimes depended on news accounts to patient deaths. prepared for its hearing in the case, it re- find out about medication errors. But the medication errors are not sepa- ceived word of another death at Charlotte "Every time when something happens like rated out or distinguished from reports of al- Memorial: On June 13, 1988 a patient died that, there's a question-'Shouldn't there be lergic reactions, unexpected side effects or within minutes after being given 10 times reporting?' other possible "adverse reactions." the prescribed dose of a hydrochloric acid so- "And every time we look at it, we don't So the information on errors literally is lution. think that because of that incident the solu- lost in a mountain of other data. And, an When the board learned of a fourth death tion is to have every hospital report to us." FDA official said the agency historically has in 1991, it took action. In West Virginia, Larry Barker, a member not encouraged medication error reports, Brandon Quintero 5, had been treated at of the Board of Pharmacy since 1978, said the anyway. Duke University Medical Center with chemo- pharmacy board once learned "by chance" of "Mining the old stuff in the Adverse Drug therapy for a benign tumor on his arm. The a $25,000 civil settlement against a phar- Reaction system wouldn't be productive be- physician order called for 4.8 milligrams of macist for dispensing the wrong drug. It con- cause I think the agency didn't particularly "Velban (vincristine)" to be given intra- vinced him they need a mandatory reporting look for those [medication error] reports." venously. law, although the board has not yet voted for said Dr. Peter H. Rheinstein, director of the The problem: Velban is not vincristine. such a regulation. medicine staff in FDA's Office of Health Af- Velban is a trade name for vinblastine, a dif- "We'd get 500 percent more [reports] than fairs. "It could be done, but my top-of-the- ferent cancer drug. we get now," Barker said. head impression is that you wouldn't find The pharmacist dispensed vincristine at One year ago. Kentucky appeared headed much there." the Velban dose, which was then adminis- for its own mandatory reporting laws follow- Specific information about medication er- tered intravenously to the youngster. The ing a highly publicized case where Mark Sun, rors also is contained in the National Practi- boy died from the overdose two weeks later. 20, was killed when a retail pharmacist dis- tioner Data Bank. Established by Congress, November 22, 1993 C:ONGRESSIONAL RECORD-HOUSE 32079 the Data Bank since September 1990 has col- tleman from New York [Mr. SOLOMON] lion which had dominated American politics lected information about medical mal- is recognized for 60 minutes. since the 1930's completely disintegrated. practice payments. Mr. SOLOMON. Mr. Speaker, the Clinton The stage was set for a massive disillusion- The information, which an agency spokes- woman said contains descriptions of specific administration is presently enjoying the 10th ment and rupture within the Democratic incidents, is available to hospitals, licensing month of its 48-month lease on political life. Party-a division that haunts the party to this boards, peer review organizations and other I put it that way because 3 years from next very day. health care groups. week the American people will be turning The political collapse of the Johnson admin- The idea is to prevent doctors and others down an opportunity to renew that lease. istration-made manifest most dramatically with a history of problems from jumping They will do so-in overwhelming num- during the riots at the Democratic National from state to state. bers-because the gap between what they be- Convention in Chicago in 1968-drove an en- But Congress included a provision in the lieve about our country and what, in fact, the tire generation of social activists underground. law calling for a $10,000 fine against anyone Indeed, a virtual releasing data bank information to the pub- Clinton administration actually represents will government-in-exile gradu- lic. have widened into an unbridgeable gulf. ally took shape as refugees from the 1960's In reality, the closest any national group Indeed, today's credibility gap will be a licked their wounds, wondered what went comes in attempting to monitor medication credibility canyon by 1996. wrong, and plotted to reconstruct society in errors is the U.S. Pharmacopeia in Rock- Speaking as part of the 57 percent of the their own image. ville, Md., which sets industry standards for American electorate which did not vole to put Some of these people surfaced just long purity and labeling of drugs. Bill Clinton in the White House, far be it from enough in the late 1970's to doom the Carter USP coordinates a voluntary, confidential me to explain the motives of the 43 percent administration irretrievably. medication error reporting program origi- But mostly they decided nated by Pennsylvania pharmacists Michael who did. to bide their lime- R. Cohen and Neil M. Davis. But, Mr. Speaker, I can at least hazard a sheltered within their academic cloisters, bu- In its first 18 months of operation, from suggestion or two concerning what they didn't reaucratic pigeonholes, well-heeled law firms, January 1992 through June 30, 1993, the USP vote for. and left-wing advocacy groups. hotline had fielded 660 reports, or about 35-40 I am convinced that the large majority of Bill Cultivating the sense of intellectual certainty per month. Starting last year, those reports Clinton's voters did not cast a vote in favor of and superiority that only comes from not hav- have been reviewed by a special FDA also reviving the counterculture of the 1960's. ing any actual responsibility or contact with re- subcommittee. ality, this government-in-exile has spent the Cohen and Davis said the system has led to Nor did they support a return to the drift, direct changes in drug packaging and label- shift, and national embarrassment that charac- last 25 years nursing its grudges against ing, but conceded they are only hearing terized the Carter years. American society and pursuing ever more bi- about a fraction of the errors happening in Unfortunately, all of this is exactly what the zarre fantasies about the way things ought to hospitals across the country. American people are now getting-and things be. "I would say the effect [of the FDA sub- can only go from bad to worse over the next When they weren't coining "rights", identify- committee] is better than nothing, but it's 3 years. ing "victims", or redefining even the most not going to address the problem in a major I believe Bill Clinton was elected President basic meaning of "justice", they were busy ex- way," said Kenneth N. Barker, head of phar- ploring the outer limits of human sexuality and macy care systems at Auburn University in because he managed to convince just enough Alabama and one of the country's pre- voters as necessary that he is some kind of celebrating even the most twisted forms of eminent medication errors experts. "new democrat", that he represents some kind personal self-expression. New York's Ennis was more direct: "Vol- of new thinking in Democratic Party circles. And then Bill Clinton hung out the "help untary reporting is nothing. Nothing hap- Fooling the American people is one thing- wanted" sign. pens." but fooling the left-wing activists, the The government-in-exile was given a new moonstruck academics, and the careerist bu- lease on life. But, Mr. Speaker, did the American people reaucrats who are populating the Clinton ad- STOLEN GUNS ACT OF 1994 for this? is another thing altogether. really vote The SPEAKER pro tempore. Under a ministration the 43 percent who voted for Bill Clin- These are the people who saw the "help Even previous order of the House, the gen- ton-how many of them really voted for this? wanted" sign that was posted outside Clinton tleman from Louisiana [Mr. FIELDS] is This is an administration:- headquarters the day after the election. recognized for 5 minutes. Whose Associate Director of Personnel at And the word was put out early in the transi- Mr. FIELDS of Louisiana. Mr. Speaker, the White House proclaims himself as the election: Centrists, mod- today I am introducing a new bill, the Stolen tion process after the "first fag" and announces that his status as a erates, genuine "new Democrats", and non- Guns Act of 1994, to end the way stolen guns homosexual protects him from being fired; are openly bought and sold. lawyers need not apply. Whose AIDs policy advisor declares that the Currently, stolen guns are easily sold to un- Mr. Speaker, other Members have taken to United States is a "repressed victorian soci- knowing gun dealers. The dealer then resells this well in recent days to describe a cultural ety" and that teaching sexual abstinence to the gun, and the path is nearly impossible for war ihat is presently raging across the coun- teenagers is "criminal"; law enforcement to discover or follow. try. Whose Deputy Attorney General wrote the This legislation plugs that regulatory loop- This is a struggle in which nothing less than preface to an autobiography of a career crimi- hole, stemming the untraceable flow of stolen the survival of our American way of life, the nal and praised the man as having personal guns into the stream of commerce. survival of a free society rooted in the Judeo/ qualities that would be useful on the White The Stolen Guns Act will provide an accu- Christian ethic, is at stake. House Staff; rate, enforceable method for the dealer to dis- I would suggest that today's cultural war in Whose Assistant Secretary of Education for cover whether a gun is stolen. American society at large stems in large part elementary and secondary education believes Stolen guns will be recaptured when offered from a civil war within the Democratic Party- the Boy Scouts cannot be tolerated working for sale, and most important, without an easy a civil war that began in the 1960's and which with young people. market forresale, fewer guns will be stolen. shaped an entire generation of political and This same official also promotes so-called This law is not a solution to crime; nor is it social activities who now find ample oppor- results-based performance, in which teachers just another gun law. tunity for employment in the Clinton adminis- are prohibited from giving failing grades to stu- The Stolen Guns Act establishes a needed tration. dents for fear of harming their self-esteem. rule, tailored to prevent stolen guns from being In the 1960's the legislation that was en- This is an administration: bought and sold by gun dealers. acted in pursuit of the new frontier and the Whose Assistant Secretary of Housing for great society spawned a dramatic increase in Fair Housing and Equal Opportunity favors the the size and scope of the Federal Govern- addition of homosexuals as a protected class EVALUATING THE CLINTON AD- ment's activities and expenditures in all sec- under the Fair Housing Act and requiring the MINISTRATION: DID THE AMER- tors of American life. lodging of homosexual support groups at ICAN PEOPLE VOTE FOR THIS? But when social engineering at home was homeless shelters. The SPEAKER pro tempore. Under a overtaken by politico/military engineering This official, by the way, also has a particu- previous order of the House, the gen- abroad-the war in Vietnam-the liberal coali- lar hangup about the Boy Scouts-she was 32080 CONGRESSIONAL RECORD-HOUSE November 22, 1993 the driving force behind banning the Boy That proposal-all 1,600 pages of it-is so In conclusion, Mr. Speaker, I can only reit- Scouts from the San Francisco public school convoluted, so fraught with social engineering, erate what I said at the very outset: The gap system and in cutting off financial support for so intrusive in all sectors of society, and so between what the American people believe them by the Bay Area United Way. bereft of any cost controls that I can only con- about our country and the interests the Clinton This is an administration- clude it must actually be a stalking horse for administration truly represents will inevitably Whose surgeon-general advocates sex edu- outright socialized medicine. get wider and wider. cation in kindergarten, believes abortion is a Indeed, the so-called "single-payer", or so- This administration is the living embodiment positive public health benefit, and equates any cialized, scheme actually looks simple, effi- of a philosophy which believes actions can be beliefs on these issues different from hers with cient, and cost-effective by comparison. divorced from accountability. slavery; All of this bodes badly enough for America We have 3 more long years to wait until the Whose assistant Secretary of HHS for at home, but what about overseas? day of reckoning finally comes-at the polls, health believes the real problem with the What about protecting the very security of that is. American health care system today is the our country? In the meantime, who can predict what kind presence of too many doctors. There again, the Clinton administration sees of storms our country and our people will have Maybe that is why the Clinton administration no connection between actions and account- to endure as the Clinton administration gets its wants to replace so many of them with law- ability. on-the-job training in learning how to deal with yers. How else can one explain a process where- reality? This is an administration- by the administration decides first to reduce Whose Assistant Secretaries of Education the defense budget and only after that deci- THE MINORITY HEALTH for Civil Rights and Policy have both promoted sion is locked in decides to examine what the IMPROVEMENT ACT OF 1993 various schemes whereby funding for all pub- security needs of the country actually are? lic school districts would have to be equal- Can it be any surprise that the projected de- The SPEAKER pro tempore. Under a ized-by means of class action lawsuits if nec- fense spending over the 4-year span of the previous order of the House, the gen- essary; Clinton administration does not meet the mini- tleman from Ohio [Mr. STOKES] is rec- Whose Chairman of the National Endow- mum requirements identified by the so-called ognized for 10 minutes. ment for the Humanities had carried "political "bottom-up" review as needed to protect the Mr. STOKES. Mr. Speaker, whereas, all correctness" to such hypocritical extremes in security of the country? groups lacking access to health care and ex- his previous job his appointment to Federal of- And then we come to the issue of peace- periencing a diminished health status, African- fice was more like a rescue than a promotion. keeping, the centerpiece of what the Clinton Americans and other minorities continue to top And on and on and on it goes, Mr. Speaker. administration says is a foreign policy. the list; The Lani Guinier episode was not an iso- The architect of the policy on peacekeeping And, whereas, the 17th annual report card lated fluke-she is not the only Clinton ap- is named Morton Halperin-remember that on health, the publication entitled, "Health pointee to have suffered intellectual meltdown name. United States 1992," continues to report that during those long and lonely years away from Here is another refugee from the counter- whether the focus is on the rate of minorities' the Federal trough and the levers of power. culture of the 1960's, and he has been given mortality, morbidity, or the utilization of health Indeed, the Lani Guinier episode is entirely a tailor-made position in the Defense Depart- services, disparities in health status remain symptomatic of Bill Clinton's preference for ap- ment as Assistant Secretary for Democracy widespread; pointing to high office people whose political and Peacekeeping. And, whereas, this disparity has remained sensibilities were shaped by the struggles of I must be precise and say that he does not despite significant advances stemming from the 1960's and whose philosophies have been actually hold the position to which he has the Nation's steadfast investment in bio- migrating steadily leftward ever since. been appointed-because the Senate has medical and related research, and rapid im- All of this wouldn't matter, Mr. Speaker, if thus far refused to confirm him. provements in the systems designed to pro- ideas had no consequences. But he doesn't need confirmation so long as vide essential health care services, racial and But ideas do have consequences-and the he has an office in the Pentagon anyway and ethnic groups have not benefitted equally as worst idea coming out of the 1960's counter- all the access he wants to senior officials. well as the rest of the United States popu- culture was the whole notion that one's ac- And, frankly, I cannot imagine the day when lation; tions and one's personal accountability for the Senate of the United States would confirm I rise to introduce the Minority Health Im- such actions can be disconnected. the appointment to high office of a man who provement Act of 1993. How else, then, could Bill Clinton have has expressed views such as these: I am most eager about this legislation be- maintained a straight face throughout the 1992 Using secret intelligence agencies to de- cause the issue of health care for under- campaign all the while trying to explain the in- fend a constitutional republic is akin to the served, disadvantaged populations is a cause consistencies and discrepancies in both his ancient medical practice of employing which I have championed since my first days public and private lives? leeches to take blood from feverish patients. in Congress. It is a known fact that our Nation Another question: How can a generation of Every action which the Soviet Union and must provide quality accessible and affordable social activists which worked overtime coining Cuba have taken in Africa has been consist- health care for all Americans if the Nation is ent with the principles of international law. new "rights" not wonder if there was any con- to strengthen its competitive edge and further The Soviet Union apparently never even nection between that exercise and the concur- contemplated the overt use of military force improve the quality of life for all Americans. rent one of identifying all kinds of new "vic- against Western Europe. Mr. Speaker, I am sure you know just how tims"? In the name of protecting liberty from critical this legislation is to the minority com- If responsibilities had been emphasized as communism, a massive undemocratic na- munity. Certainly, every racial and ethnic mi- the necessary corollary to rights, the number tional security structure was erected during nority group experiences some health dispar- of society's so-called victims would be signifi- the cold war. ... ity. Unfortunately, for African-Americans, this cantly smaller-and the number of claimants Mr. Speaker, I will have more to say in fu- situation continues to not only persist but to on the Government would be significantly ture special orders concerning Morton deteriorate. We know, for example, that the smaller. Halperin and others to whom Bill Clinton gap between blacks and whites in life expect- But that is the whole point. would entrust the future of our country. ancy has continued to widen. Life expectancy The 1960's Government-in-exile that Bill Suffice to say right now that any Member at birth for blacks overall was 69.1 years in Clinton brought back to Washington in the who attended as I did the briefing in which 1990 compared to 76.1 years for whites. For 1990's is dedicated to increasing the power of Secretary of State Christopher and Secretary black males, life expectancy was 64.5 years in the Federal Government over every individual, of Defense Aspin could neither explain, de- 1990, a decline since its high of 65.3 years in every home, every business place, every pri- fend, or even confirm the existence of a Unit- 1984. For white males, the life expectancy is vate institution in the country. ed States policy in Somalia need look no fur- 72.7 years, 8.2 years longer than for African- How else, for example, can one explain the ther than Morton Halperin's desk in order to Americans. health care proposal the Clinton team came understand how things could go so seriously Blacks also have higher age-adjusted death up with? awry. rates than whites for 15 leading causes of November 22, 1993 CONGRESSIONAL RECORD-HOUSE 32081 death. In the instance of homicide and HIV in- needs. Moreover, it is these providers who un- its provisions, and I solicit input from others. fection, the gap between black and white mor- derstand the cultural, linguistic, racial, edu- But any alternative proposals, I believe, must tality rates is wider than for any chronic dis- cational, and attitudinal differences that im- be equitable to all small business borrowers ease. pose special barriers to effective delivery of who are required to pay these excessive inter- Although infant mortality declined among health care to minority Americans. est rates. Any solution must adhere to two both blacks and whites between 1980 and The Minority Health Improvement Act of principles. 1990, it was still more than twice as high 1993 which I am introducing today not only First, it must provide some type of a refi- among blacks than whites. In fact, black moth- recognizes the importance of the original law, nancing mechanism. Merely reducing the pen- ers with a college degree have a higher infant but also the need to strengthen and enhance alty, without providing alternative means, mortality rate than white mothers with less it to ensure its continued responsiveness to would unfairly reward those small businesses than a high school education. improving the health status of minority Ameri- who had become so successful that they have Added to these grim statistics is the fact that cans. accumulated sufficient capital with which to African-Americans and Hispanics account for The Minority Health Improvement Act of pay off the principal amount of their indebted- over 50 percent of the number of Americans 1993 recognizes the success of the office of ness, while requiring less successful firms to added to the rolls of the uninsured between minority health in fulfilling its mission through- continue paying, 10-, 12-, or even 14- or 15- 1977 and 1987-and that these individuals are out the Department of Health and Human percent rates. disproportionately represented in the kinds of Services [HHS], and also strengthens the co- And second, it must treat all of these SBA families at the greatest risk of being uninsured ordination of minority health initiatives in every program participants the same, whether they or underserved. These types of trends further HHS agency. This will provide a guaranteed are under the certified development company exacerbate the disproportionate incidence of mechanism for activities the bill supports. program, the small business investment com- illness and death in our communities. Thereby, the bill improved upon the existing pany program or the specialized small busi- Mr. Speaker, because of these continued minority health bill by expanding and strength- ness investment company program. adversities, I introduce the Minority Health Im- ening efforts in other areas to improve the BACKGROUNDAND EXPLANATION OF PROVISIONS provement Act of 1993. This is a most critical health status of African-Americans, Hispanic- During the 1980's, small businesses came time for improving minority health. It is at a Americans, Native-Americans, and Asian- to seek assistance from the Small Business time when our President has issued a call to Americans. The bill addresses the needs of Administration through several different pro- his administration and experts around the each group individually and collectively. grams. Interest rates at the time were very United States to reform our health care sys- This approach is particularly important since high. The one thing that each of these borrow- tem. To that end, we in the Congress must the health problems among the various minor- ers has in common is that a hidden, and determine what must be done to make sure ity populations are immense, as well as di- somewhat unintelligible clause, in the deben- that the resulting system is responsive to the verse. Thus, any legislative remedy should re- ture agreement is interpreted by the Federal health care needs of all Americans. From my quire a strengthening of the Federal commit- Financing Bank of the Department of the position as a member of the Labor-Health and ment to program with a long and successful Treasury to effectively prohibit prepayment of Human Services Appropriations Subcommit- history of addressing these concerns. At the the debentures, locking these companies in to tee, and particularly as chairman of the Con- same time, we need to recognize those pro- prohibitively high rates. gressional Black Caucus Health Braintrust, I grams that are newer, and others that have Interest rates have since dropped substan- know that, if we listen and respond to the ex- not yet been implemented. tially. But these borrowers can prepay or refi- perts in the minority community, we have at Mr. Speaker, our colleague in the Senate, nance only if they pay a penalty which is our fingertips many of the answers to this criti- Senator KENNEDYfrom Massachusetts jointly equal to the total amount of interest which cal problem. sponsored this legislation in the 101st Con- would be required to be paid on the debenture Many of these solutions are provisions gress, it was signed into law in November of if paid according to its full term, but reduced under the original law, the Disadvantaged Mi- 1990. The urgency of the enactment of this to its present value; that is, the prepayment nority Health Improvement Act of 1990. They legislation is as pressing now as it was then. penalty would be the amount of money which were enacted with the input and insight of Mr. KENNEDYand I will again work to make would be required to be invested at today's those of us who deal regularly with these con- this legislation and the improvements in the rates being paid by the Federal Government cerns. Our references were those individuals quality of life that stem from it a reality. The which would result in a return to the Govern- who every day are in the trenches touching, Nation cannot afford for the closing of the mi- ment of the same amount of money which the healing, and treating the medically indigent. nority health gap to be just a sound byte. The Government would receive if the issuer of the Mr. Speaker, you have only to visit my city physical, social, and economic burden and debenture, or long-term loan, paid the interest of Cleveland, to see the success of the health suffering is just too great to be ignored. each year according to the original terms and services for residents in public housing section Mr. Speaker, I strongly urge my colleagues conditions. The provision holds the Govern- of the original Disadvantaged Minority Health to meet the challenge in 1993 as they did in ment harmless, but does enormous harm to Improvement Act. There has been such an 1990 and enact this very important piece of these small companies. overwhelming response to this program that legislation, the Minority Health Improvement This excessive prepayment penalty inflicts a the housing authorities cannot accommodate Act of 1993. severe financial penalty on the affected small the need. This is in an area where only 5 min- businesses, in some cases an amount equal utes away is another health facility. But the to 50 percent or more of the amount of the success of this program is based upon its PREPAYMENT PENALTIES ON loan. For some it means that they cannot sell being targeted, for the first time, to the area SMALL BUSINESS FINANCINGS their business; for others, if the owner dies, where the underserved live. In this case, they The SPEAKER pro tempore. Under a the heirs must continue the business or be live in public housing. previous order of the House, the gen- subject to the penalty; and for others it means I have also been contacted by students and tleman from New York [Mr. LAFALCE] that the business cannot expand with new fi- faculty at institutions across the Nation about is recognized for 60 minutes. nancing because a prospective lender requires their achievement in pursuing health profes- Mr. LAFALCE. Mr. Speaker, today I have in- a first lien position, and thus the borrower sions careers and addressing the health care troduced the Small Business Prepayment Pen- would have to prepay the existing debenture, needs of unserved and underserved popu- alty Relief Act of 1993. including the penalty. lations due to the provisions in the Minority This bill will assist some small businesses The small businesses subject to these pen- Health bill. This would not have happened which are burdened with onerous interest alties are small firms whose efforts serve im- without the centers of excellence in minority rates on debentures held by the Small Busi- portant public policy goals. These debentures health. ness Administration or guaranteed by it and have been issued under the certified develop- Undoubtedly, if this Nation ensures that purchased by the Federal Financing Bank. ment loan company program, one of the pri- every American has access to health care, we It is my intent in introducing this bill today to mary purposes of which is job creation, and must also ensure the availability of culturally put forth a proposal for examination by the ad- under programs to provide venture capital to competent providers for all minority popu- ministration and the small business constitu- small businesses and minority small busi- lations that are sicker and have very unique ency it is designed to help. I am not wed to nesses under the Small Business Investment 32082 CONGRESSIONAL RECORD-HOUSE November 22, 1993 Company Program and the Minority or Spe- proposed, with hearings to commence early in priority. The Administration would approve cialized Small Business Investment Company the second session of this Congress. offers beginning with the one with the high- Program. The prohibitive penalties which now A sectional summary of the bill follows: est priority and continuing until it utilizes all funds available to carry out this title in exist are impending SBA's efforts to bring job SECTIONAL SUMMARY the current fiscal year. growth and new capital to the small business Provides that this Act may be cited as community, including the minority small busi- "The Small Business Prepayment Penalty Prepaying Development Company Debentures ness community. Relief Act of 1993". Section 302. (a) Defines the term "issuer' Mr. Speaker, based upon data supplied by TITLE II as the issuer of a debenture which has been the Federal Financing Bank, we estimate that purchased by the Federal Financing Bank Buy-downs and interest rate reductions pursuant to section 503 of the Investment the aggre- if all of these debentures prepaid, Section 201. (a) Provides that upon the re- Act, and the term "borrower" as the small gate prepayment penalty would be almost quest of the issuer, annually the Administra- business concern whose loan secures a deben- $200 million. Under the Budget Enforcement tion is authorized to buy-down the interest ture issued pursuant to such section. Act, this would be treated as a loss of income rate of any debenture purchased by the Fed- Subsection (b) provides that the issuer of a to the Government if legislation was enacted eral Financing Bank (1) which has been is- debenture purchased by the Federal Financ- eliminating these penalties. Thus, we cannot sued by a development company pursuant to ing Bank and guaranteed by the SBA under eliminate the penalties without crippling all the provisions of section 503 of the Invest- section 503 of the Investment Act may offer other SBA programs, and I do not advocate ment Act or (2) which has been issued by a to prepay if: small business investment company pursu- must miti- (1) the debenture is outstanding on the doing so. But I do believe that we ant to the provisions of section 303 of such gate the damage being inflicted on these small date of enactment of this Act, and neither Act. the loan that secures the debenture nor the businesses which we tried to help with loans It defines the term "buy-down" as a pay- debenture is in default on the date the pre- made years ago. ment from the Administration to the Fed- payment is made; In prior Congresses, the House of Rep- eral Financing Bank in an amount deter- (2) state or personal funds, which may in- resentatives has twice passed legislation to re- mined by the Administration to reduce the clude refinancing under the programs au- duce the amount of this penalty. In the first in- interest payment for that year to an amount thorized by section 504 and 505 of the Invest- stance, the bill was vetoed by President equal to 7.5 percentum of the outstanding ment Act are used to prepay the debenture: Reagan. And in the second instance, the Sen- principal amount of the debenture. and Subsection (b) provides that upon the re- (3) the issuer certifies that the benefits, ate blocked consideration of a similar provi- quest of the issuer, annually the Administra- sion at the request of President Bush. net of fees and expenses authorized herein, tion is authorized to reduce the interest rate associated with prepayment of the debenture Fortunately, this year President Clinton has on any debenture issued by a small business indicated that he believes that this prepayment are entirely passed through to the borrower. investment company licensed pursuant to pen- penalty is so onerous that it must be modified. Subsection (c) prohibits any fees or the provisions of section 301(d) of the Invest- alties other than those specified in this sec- However, no formal request nor authorizing ment Act. The amount of the reduction tion from being imposed as a condition of legislation to do so has been submitted to would be an amount determined by the Ad- such prepayment against the issuer or the date. ministration to make the interest payment borrower, or the Administration or any fund I have long advocated the modification of for that year equal to 7.5 percentum of the or account administered by the Administra- the penalty, and in fact, I introduced the earlier outstanding principal amount of the deben- tion. ture. House legislation to do so. However, our cur- It also provides that if the debenture is rent budget situation indicates to me that it is TITLE III prepaid or refinanced other than through impossible to fix the entire problem in one fis- Prepayments section 504, the issuer may require the bor- cal year. This problem was created over a Section 301(a) provides that annually, after rower to pay a fee to the issuer in an amount number of fiscal years and its resolution the regular Appropriations Act has been equal to one-half of one percent of the un- paid principal balance of the debenture, or if should be paid for over a number of fiscal signed into law providing funding for the Ad- ministration, the Administration shall cal- refinanced under section 504, the issuer may years. require the borrower to pay a fee to the is- Accordingly, my proposal is for a two-prong culate the amount needed to carry out the provisions of section 201 of this Act. It would suer in an amount equal to one-fourth of one approach. then set-aside this amount and the balance percent of the unpaid balance of the deben- First, my bill would authorize the appropria- would be available for title III. ture. tion of funds each year to permit SBA to buy Subsection (b) requires the Administration Subsection (d) provides that debentures re- down the interest rate on these debentures to to promptly notify the issuer of each deben- financed under section 504 shall be subject to 7.5 percent. This is above the current Federal ture subject to the provisions of section 201 all of the other provisions of sections 504 and cost of money and still would result in a pen- of this Act-that it will receive offers from 505 of the Investment Act and the rules and alty being imposed upon these small business any interested issuer to prepay the deben- regulations of the Administration promul- borrowers, but a much more reasonable one. ture in full. The issuer's offer would include gated thereunder. This should reduce the overall pressure to exit all or part of the full prepayment penalty, or Prepaying Specialized Small Business the programs. assumed prepayment penalty in the case of a Investment Company Debentures specialized small business investment com- Section 303. (a) provides that any special- Second, my bill would authorize all of those pany. To assist the issuer in making his pro- small business borrowers with loans outstand- ized small business investment company posal, SBA's notification would provide basic which is the issuer of a debenture purchased ing to bid on a reduced prepayment penalty or information, including: their debentures, by the Administration under title III of the with SBA paying the balance (1) the amount of funds available to carry Investment Act may offer to prepay the de- of the penalty. With our current budget situa- out this title; benture if: tion, we probably cannot provide enough (2) a computation of the total amount of (1) the debenture is outstanding on the money to accommodate everyone. But SBA the prepayment penalties and assumed pre- date of enactment of this Act and is not in annually would supplement the bid price with payment penalties if all issuers prepaid; default of the date the prepayment is made; the addition of some limited amount of funds (3) the amount of the prepayment penalty and or assumed prepayment penalty for the is- (2) personal funds, which may include refi- so that borrowers who elected to do so could suer receiving the notification; prepay-with those who agreed to pay the (4) the time period during which offers may nancing with the proceeds of debentures highest amount, but less than 100 percent of under title III of the Investment Act, are be submitted; and used to prepay the debenture. the calculated penalty receiving assistance (5) a description of the process under which Subsection (b) prohibits any fees or pen- the Administration will evaluate, give first. prior- alties other than those specified in this sec- This approach would provide some help to ity to, and accept submission of offers pursu- ant to this title. tion from being imposed as a condition of all of these small business borrowers and the Ad- Subsection (c) requires SBA within 30 days such prepayment against the issuer, would permit a few annually, depending upon ministration or any fund or account admin- after termination of the period for submis- istered by the administration. the amount of an appropriation we were able sion of offers, to evaluate each offer and as- to secure, to get completely out from under sign each a priority. The priority would be Prepaying Regular Small Business Investment the onerous terms of their Federal loan. based upon the percentum of the prepayment Company Debentures It is my hope that the committee will explore penalty which the issuer offers to pay, with Section 304. (a) provides that any small a legislative solution along the lines I have the highest percentum receiving the highest business investment company which is the November 22, 1993 C;ONGRESSIONAL RECORD-HOUSE 32083 issuer of a debenture guaranteed by the Ad- wife, Helen, have four children: Ruben, Rich- EXTENSION OF REMARKS ministration under title III of the Invest- ard, Mary Lou, and Vicki; 13 grandchildren, By unanimous consent, permission to ment Act and purchased by the Federal Fi- and 8 great-grandchildren. nancing Bank may offer to prepay the deben- revise and extend remarks was granted ture if: Mr. Hernandez has little formal education, to: (1) the debenture is outstanding on the but he has given a lifetime of benefit to the (Mr. STEARNS, and to include therein date of enactment of this Act and is not in Visalia community. He was the first president extraneous material notwithstanding default on the date the prepayment is made; of the Crowley School PTA on the northside of the fact that it exceeds two pages of and Visalia, and his dedication earned him an hon- the RECORD and is estimated by the (2) personal funds, which may include refi- orary life membership in the PTA. In the late Public Printer to cost $7,682.) nancing with proceeds of guaranteed deben- 1950's, he served on the board of directors of tures under title III of the Investment Act, the Visalia YMCA, and in the 1960's he rep- are used to prepay the debenture. Subsection (b) prohibits any fees or pen- resented working people as president of the ENROLLED BILLS AND JOINT alties other than those specified in this sec- Carpenter's Union Local No. 1484 in Visalia. RESOLUTIONS SIGNED tion from being imposed as a condition of Beginning in 1965, Mr. Hernandez served Mr. ROSE, from the Committee on such prepayment against the issuer, the Ad- as construction superintendent for Self-Help House Administration, reported that ministration or any fund or account admin- Enterprises, for which he helped establish af- istered by the Administration. that committee had examined and fordable housing in the San Joaquin Valley. found truly enrolled bills and joint res- Subsection (c) provides debentures refi- He continued to volunteer as a member of the nanced under title III of the Investment Act olutions of the House of the following self-help board of shall be subject to all of the other provisions directors until 1979. From titles, which were thereupon signed by of such Act. 1979 to 1985, he was a member of the board the Speaker: of directors of the Washington, DC-based TITLE IV H.R. 898. An act to authorize the Air Force Miscellaneous Provisions Housing Assistance Council. Memorial Foundation to establish a memo- Mr. Hernandez is a former president of the Section 401. (a) provides that the provi- rial in the District of Columbia or its envi- sions of this Act are exercisable at the op- Community Service Organization, and he was rons. tion of the borrower under section 302 of this active for many years as a member of the H.R. 1425. An act to improve the manage- Act or at the option of a small business in- Visalia Neighborhood Advisory Council and ment, productivity, and use of Indian agri- vestment company under sections 303 and 304 the North Visalia Concerned Citizens Commit- cultural lands and resources. of this Act and are in addition to any pre- tee. As a city volunteer, he served on the City H.R. 2330. An act to authorize appropria- tions for payment options otherwise authorized by of Visalia advisory committee and on the se- fiscal year 1994 for the intelligence law. and intelligence-related activities of the lection committee of the Leadership Visalia United States Government, the Community Subsection (b) requires SBA within sixty Program. days of the date of enactment of this Act to Management Account, and the Central Intel- issue regulations to implement this Act. In 1983, Mr. Hernandez was awarded the ligence Agency Retirement and Disability Subsection (c) provides that any new credit outstanding citizen commendation by the Opti- System, and for other purposes. or spending authority provided for in this mist Club, and in 1987 he was chosen as H.R. 3225. An act to support the transition Act is subject to amounts provided in ad- Visalia's Man of the Year, the first Visalian of to nonracial democracy in South Africa. vance in appropriations Acts. Mexican descent to receive that honor. He H.R. 3318. An act to amend title 5, United States Code, to provide for the establishment Authorization served on the Tulare County Grand Jury from of programs to encourage Federal employees Section 402. (a) Authorizes the appropria- 1986 to 1989. to commute by means other than single- tion of such sums as may be necessary to Mr. Hernandez currently is a board member occupancy motor vehicles. carry out the provisions of this Act. of the Kaweah Delta District Hospital Founda- H.R. 3378. An act to amend title 18, United Subsection (b) provides that in the admin- tion and of Tulare County Food Resources. States Code, with respect to parental kid- istration of this Act, the Administration napping, and for other purposes. shall not obligate any funds pursuant to title He also is an active supporter of the Wittman Village Community Center. He continues his H.R. 3471. An act to authorize the leasing III of this Act in any fiscal year unless it has of naval vessels to certain foreign countries. provided the full amount of assistance au- involvement with young Visalians through the H.J. Res. 75. Joint resolution designating thorized and requested pursuant to title II of Police Activities League. January 16, 1994, as "National Good Teen this Act. As you can see, Manuel Hernandez has Day." Subsection (c) provides that if sufficient never recognized barriers in himself and in H.J. Res. 159. Joint resolution to designate funds are not appropriated for any fiscal others. He has set a shining example as a de- the month of November in 1993 and 1994 as fully carry out the buy-downs and re- year to voted family man and community worker. His "National Hospice Month." ductions authorized and requested pursuant H.J. Res. 294. Joint resolution to express to title II of this Act, the Administration dedication and vision have done immeas- good for Visalia and Tulare County. appreciation to W. Graham Claytor, Jr., for must buy down and reduce the interest rates urable a lifetime of dedicated and inspired service to the extent that funds are available for Please join me, Mr. Speaker and my col- to the Nation. that year, but may not utilize any funds to leagues, in honor of Manuel Hernandez. carry out title III. Section 403 defines the term "Administra- SENATE ENROLLED BILLS SIGNED tion" as the Small Business Administration, and the term "Investment Act" as the Small The SPEAKER announced his signa- Business Investment Act of 1958. SPECIAL ORDERS GRANTED ture to enrolled bills of the Senate of By unanimous consent, permission to the following titles: A TRIBUTE TO MANUEL address the House, following the legis- S. 412. An act to amend title 49, United HERNANDEZ lative program and any special orders States Code, relating to procedures for re- heretofore entered, was granted to: solving claims involving unfiled, negotiated The SPEAKER pro tempore. Under a transportation rates, and for other purposes. previous order of the House, the gen- (The following Members (at the re- S. 1670.An act to improve hazard mitiga- tleman from California [Mr. DOOLEY] is quest of Mr. BROOKS) to revise and ex- tion and relocation assistance in connection recognized for 5 minutes. tend their remarks and include extra- with flooding, and for other purposes. Mr. DOOLEY. Mr. Speaker, I rise today to neous material:) pay tribute to Manuel Hernandez, an immi- Mr. COYNE, for 5 minutes, today. grant American who for the past 40 years has Mr. FIELDS of Louisiana, for 5 min- ADJOURNMENT contributed mightily to the well-being of utes, today. Mr. GEPHARDT. Mr. Speaker, I Visalia, CA. Mr. STOKES, for 10 minutes, today. move that the House do now adjourn. Mr. Hernandez was born in Torreon, Mr. LAFALCE, for 10 minutes, today. The motion was agreed to; accord- Coahuila, Mexico, on September 1, 1913, and Mr. HOYER, for 30 minutes, today. ingly (at 2 o'clock and 3 minutes a.m.), came to the United States at the age of 10. Mr. FALEOMAVAEGA, for 60 minutes, the House adjourned until today, No- He has lived in Visalia since 1927. He and his today. vember 23, 1993, at 12 noon. 32084 CONGRESSIONAL RECORD-HOUSE November 22, 1993 REPORTS OF COMMITTEES ON Thomas Jefferson, Americans who have been H.R. 3627. A bill to amend the Export Ad- PUBLIC BILLS AND RESOLUTIONS prisoners of war, the Vietnam Veterans Me- ministration Act of 1979 with respect to the morial on the occasion of the 10th anniver- control of computers and related equipment; Under clause 2 of rule XIII, reports of sary of the memorial, and the Women in to the Committee on Foreign Affairs. committees were delivered to the Clerk Military Service for America Memorial, and By Mr. CHAPMAN: for printing and reference to the proper for other purposes; to the Committee on H.R. 3628. A bill to establish the Regu- calendar, as follows: Banking, Finance and Urban Affairs. latory Sunset Commission to review regula- tions of executive agencies, and to provide Mr. CONYERS: Committee on Government By Mr. SHAW (for himself and Mr. for the automatic termination of regulations Operations. North American Free-Trade DEUTSCH): H.R. 3617. A bill to amend the Everglades Agreement [NAFTA] Rules of Origin and En- that are not authorized by the Commission National Park Protection apd Expansion Act effect; jointly, to the Commit- forcement Issues (Rept. 103-407). Referred to to continue in of 1989, and for other purposes; to the Com- the Committee of the Whole House on the tees on the Judiciary and Government Oper- mittee on Natural Resources. State of the Union. ations. WYDEN (for himself and Ms. Mr. CONYERS: Committee on Government By Mr. By Mr. COPPERSMITH (for himself, Operations. Reimbursement of Defense Con- FURSE): Mr. CUNNINGHAM, Mr. KREIDLER, Mr. H.R. 3618. A bill to amend title I of the Em- tractors' Environmental Cleanup Costs: STENHOLM, Mr. FINGERHUT, Mr. ployee Retirement Income Security Act of Comprehensive Oversight Needed to Protect CANADY, Mr. CRANE, Mr. MCCAND- 1974 to exempt from preemption thereunder Taxpayers (Rept. 103-408). Referred to the LESS, Mr. POSHARD, Mr. EWING, Mr. certain provisions of law of the State of Or- Committee of the Whole House on the State ARCHER. Mr. HOCHBRUECKNER, Mr. of the Union. egon relating to the Oregon Health Plan; to TAYLOR of Mississippi, Mr. GENE the Committee on Education and Labor. Mr. CONYERS: Committee on Government GREEN of Texas, Mr. LANCASTER, Mr. By Mr. ANDREWS of Texas (for him- Operations. State Department Mismanage- KINGSTON,and Mr. GALLEGLY): self, Mr. SUNDQUIST, and Mr. ment of Overseas Embassies: Corrective Ac- H.R. 3629. A bill to rescind appropriations tion Long Overdue (Rept. 103-409). Referred KOPETSKI): for the U.S. Postal Service in an amount H.R. 3619. A bill to amend the Revenue Act to the Committee of the Whole House on the equal to the amount expended by the Postal of 1987 to provide a permanent extension of Service in the design and implementation of State of the Union. the transition rule for certain publicly trad- Mr. CONYERS: Committee on Government its new corporate logo; to the Committee on ed partnerships; to the Committee on Ways Operations. Bank Regulation and Bank Appropriations. and Means. Lending to Small Business (Rept. 103-410). By Mr. COYNE (for himself, Mr. By Mr. UPTON: Referred to the Committee of the Whole CARDIN, Mr. LEWIS of Georgia, Mr. H.R. 3620. A bill to amend the Comprehen- NEAL of Massachusetts, Mr. House on the State of the Union. sive Environmental Response, Compensa- Mr. GONZALEZ: Committee on Banking, HOAGLAND, Mr. KOPETSKI, Mr. JEF- tion, and Liability Act of 1980, and for other and Urban Affairs. H.R. 3063. A bill FERSON, Mr. BREWSTER, Mr. SHAW, Finance purposes; jointly, to the Committees on En- participation in the replen- and Mr. SUNDQUIST): to authorize U.S. ergy and Commerce, Public Works and ishment of the resources of the International H.R. 3630. A bill to amend the Internal Rev- Transportation. and Ways and Means. Development Association and the Asian De- enue Code of 1986 with respect to the treat- By Mr. BACHUS of Alabama: ment of tax-exempt bonds; to the Committee velopment Bank, to authorize a U.S. con- H.R. 3621. A bill to amend the Internal Rev- on Ways and Means. tribution to the Global Environment Facil- enue Code of 1986 to allow a deduction for By Mr. COYNE (for himself. Mr. JA- ity, to authorize the provision of special debt costs incurred to cleanup contaminated coBS, Mr. NEAL of Massachusetts, Mr. relief for the poorest, most heavily indebted property; to the Committee on Ways and HOAGLAND, and Mr. BREWSTER): countries through the multilateral approach Means. H.R. 3631. A bill to amend the Internal Rev- of the Paris Club, and for other purposes; By Mr. BAKER of California: with an amendment (Rept. 103-411). Referred H.R. 3622. A bill to repeal the must-carry enue Code of 1986 to provide nonrecognition treatment for certain transfers by common to the Committee of the Whole House on the provisions of the title VI of the Communica- State of the Union. tions Act of 1934, relating to cable television; trust funds to regulated investment compa- Mr. BROOKS: Committee of Conference. to the Committee on Energy and Commerce. nies; to the Committee on Ways and Means. By Mr. COYNE (for himself and Mr. Conference report on H.R. 1025. A bill to pro- By Mr. BARCIA of Michigan (for him- vide for a waiting period before the purchase self and Mr. DINGELL): STARK): of a handgun, and for the establishment of a H.R. 3623. A bill to amend the Federal Crop H.R. 3632. A bill to require the mandatory national instant criminal background check Insurance Act to establish a pilot program to reporting of deaths resulting from errors in system to be contacted by firearms dealers evaluate the feasibility of including crop in- the prescribing, dispensing, and administra- before the transfer of any firearm (Rept. 103- surance based on costs of production among tion of drugs, to allow the continuation of 412). Ordered to be printed. the types of crop insurance available under voluntary reporting programs, and for other the act; to the Committee on Agriculture. purposes; jointly, to the Committees on En- By Mr. BOUCHER (for himself and Mr. ergy and Commerce and Ways and Means. PUBLIC BILLS AND RESOLUTIONS UPTON): By Mr. CRAPO (for himself, Mr. Under clause 5 of rule X and clause 4 H.R. 3624. A bill to amend the Comprehen- HASTERT, Mr. HANSEN, Mr. HUTCHIN- sive Environmental Response, Compensa- SON, Mr. SANTORUM, Mr. ARMEY, and of rule XXII, public bills and resolu- Mr. QUINN): tions were introduced and severally re- tion, and Liability Act of 1980 to establish a program for assigning shares of liability to H.R. 3633. A bill to reform the House of ferred as follows: liable parties at Superfund sites, and for Representatives, and for other purposes; By Mr. WAXMAN (for himself, Mr. other purposes; jointly, to the Committees jointly, to the Committees on Rules and SYNAR, Mr. WYDEN, Mr. DURBIN, and on Energy and Commerce and Public Works Government Operations. Mrs. SCHROEDER): and Transportation. By Mr. DEFAZIO: H.R. 3614. A bill to prescribe labels for By Mr. BROWN of California: H.R. 3634. A bill to amend the Military Se- packages and advertising for tobacco prod- H.R. 3625. A bill to renew and improve the lective Service Act to terminate the reg- ucts, to restrict the advertising and pro- operation of title V of the Trade Act of 1974 istration requirement and to terminate the motion of tobacco products, and for other (relating to the Generalized System of Pref- activities of civilian local boards, civilian purposes; to the Committee on Energy and erences); to the Committee on Ways and appeal boards, and similar local agencies of Commerce. Means. the Selective Service System; to the Com- By Mr. GONZALEZ (for himself, Mr. By Mr. BROOKS (for himself and Mr. mittee on Armed Services. NEAL of North Carolina, and Mr. DINGELL): By Mr. DORNAN (for himself, Mr. LEACH): H.R. 3626. A bill to supersede the modifica- HERGER of California, Mr. BAKER of H.R. 3615. A bill to amend the Federal De- tion of final judgment entered August 24, California, Mr. POMBO, Mr. Doo- posit Insurance Act to require Federal De- 1982, in the antitrust action styled U.S. v. LITTLE, Mr. TAYLOR of North Caro- posit Insurance Corporation approval for Western Electric, civil action No. 82-0192, lina, Mr. PACKARD, and Mr. YOUNG of conversions of insured banks from mutual U.S. District Court for the District of Colum- Alaska): form to stock form, and for other purposes; bia; to amend the Communications Act of H.R. 3635. A bill to require the withdrawal to the Committee on Banking, Finance and 1934 to regulate the manufacturing of Bell of the United States from the NAFTA sup- Urban Affairs. operating companies, and for other purposes: plemental agreements on labor and environ- By Mr. KENNEDY: jointly, to the Committees on the Judiciary mental cooperation; to the Committee on H.R. 3616. A bill to require the Secretary of and Energy and Commerce. Ways and Means. the Treasury to mint coins in commemora- By Ms. CANTWELL (for herself and By Mr. MARKEY (for himself, Mr. tion of the 250th anniversary of the birth of Mr. MANZULLO): FIELDS of Texas, Mr. BOUCHER, Mr. November 22, 1993 (:ONGRESSIONAL RECORD-HOUSE 32085 OXLEY, Mr. HALL of Texas, Mr. MOOR- QUINN, Mr. CANADY, Mr. HOKE. Mr. coverage for individuals and small employers HEAD, Mr. BRYANT. Mr. BARTON of TORKILDSEN, Mr. LINDER, Mr. BLUTE, through promoting the development of vol- Texas, Mr. LEHMAN, Mr. HASTERT, Mr. MCINNIS, Mr. KING, Mr. SMITH of untary Health Plan Purchasing Coopera- Mr. RICHARDSON, Mr. GILLMOR, and Michigan, Mrs. FOWLER, Mr. MCHUGH, tives; jointly, to the Committees on Energy Ms. SCHENK): Mr. ROYCE, Mr. DOOLITTLE, Mr. BAR- and Commerce and Ways and Means. H.R. 3636. A bill to promote a national TON of Texas, Mr. BURTON of Indiana. By Mr. KOLBE (for himself, Mr. POR- communications infrastructure to encourage Mr. RAMSTAD, Mr. Cox, Mr. SMITH of TER, Mr. ScHIFF, Mr. DORNAN, and deployment of advanced communications Oregon, Mr. DORNAN, Mr. HERGER of Mr. HERGER of California): services through competition, and for other California, Mr. HEFLEY, Mr. Goss, H.R. 3653. A bill to amend title XI of the purposes; to the Committee on Energy and Mr. KYL, Mr. ZIMMER, Mr. STEARNS, Social Security Act and title 18, United Commerce. Mr. ROHRABACHER, Mr. BAKER of Lou- States Code, to extend criminal RICO provi- By Mr. DURBIN (for himself, Mr. isiana, Mr. INHOFE, Mrs. VUCANOVICH, sions to health care fraud and to extend cer- McDERMOTT. Mr. GORDON, Mr. DAR- Mr. BOEHNER, Mr. EWING, Mr. STUMP, tain other criminal provisions to health care DEN, Mr. DELLUMS, Mr. FRANK of Mr. SAM JOHNSON, Mr. MOORHEAD, fraud under the CHAMPUS Program, the In- Massachusetts, Mr. PETE GEREN of Ms. MOLINARI, Mr. SANTORUM, Mr. dian health care program, health care pro- Texas, and Mr. WALSH): PACKARD, Mr. SHAYS, Mr. SPENCE, grams for veterans and the Department of H.R. 3637. A bill to require the Secretary of Mr. HANCOCK, Mr. EMERSON, Mr. Defense, and the Federal employees health the Treasury to include organ donation in- SMITH of Texas, Mr. SAXTON, Mr. care program; jointly, to the Committees on formation with individual income tax refund RAVENEL, Mr. HOBSON, and Mr. Ways and Means and the Judiciary. payments; to the Committee on Ways and GALLEGLY): By Mr. KOPETSKI (for himself, Mrs. Means, H.R. 3645. A bill to provide a tax credit for UNSOELD, Mr. FARR, Mr. YOUNG of By Ms. ESHOO: families, to provide certain tax incentives to Alaska, and Mr. SMITH of Oregon): H.R. 3638. A bill to suspend temporarily the encourage investment and increase savings. H.R. 3654. A bill to amend title 28, United duty on Mycophenolate Mofetil in bulk form; and to place limitations on the growth of States Code, to divide the ninth judicial cir- to the Committee on Ways and Means. spending; jointly, to the Committees on cuit of the United States into two circuits, By Mr. FIELDS of Louisiana: Ways and Means, Government Operations, and for other purposes; to the Committee on the Judiciary. H.R. 3639. A bill to amend title 18, United and Rules. States Code, to regulate the receipt of fire- By Mr. GUNDERSON: By Mr. LAFALCE: H.R. 3655. A bill to authorize the Small arms dealers; to the Committee on the Judi- H.R. 3646. A bill to amend the Federal Meat Business Administration to reduce the inter- ciary. Inspection Act and the Poultry Products In- est rate on certain outstanding debentures. By Mr. FILNER: spection Act to permit the movement in and for other purposes; to the Committee on H.R. 3640. A bill to direct the Adminis- interstate commerce of meat and meat food Small Business. trator of the Environmental Protection products and poultry products that satisfy By Mr. LANTOS (for himself, Mr. GIL- Agency to establish an office in a commu- inspection requirements that are at State MAN, Mrs. MALONEY, Mr. SWETT, Ms. nity in the United States located not more Federal inspection standards; least equal to MARGOLIES-MEZVINSKY, Mr. DEUTSCH, than 10 miles from the border between the to the Committee on Agriculture. Mr. HASTINGS, Mr. BROWN of Ohio, States and Mexico; to the Committee United By Mr. HINCHEY: Mr. ANDREWS Of New Jersey, Mr. on Merchant Marine and Fisheries. H.R. 3647. A bill to provide for the acquisi- SCHUMER, MS. LOWEY, Mr. PALLONE, Mrs. FOWLER (for herself, Mr. of certain lands formerly occupied by By tion Ms. ROS-LEHTINEN, Mr. BERMAN, and of Flor- YOUNG of Florida, Mr. LEWIS the Franklin D. Roosevelt family, and for Mr. ACKERMAN): ida, Mr. BACCHUS of Florida, Mr. other purposes; to the Committee on Natural H.R. 3656. A bill to restrict sales and leases Goss, Mr. PETERSON of Florida, and Resources. of defense articles and defense services to Mrs. THURMAN): By Mr. HUNTER (for himself. Mr. Ev- any country or international organization H.R. 3641. A bill to make adjustments of ERETT, Ms. KAPTUR, and Mr. TRAFI- which as a matter of policy or practice is maps relating to the Coastal Barrier Re- CANT): known to have sent letters to U.S. firms re- sources System; to the Committee on Mer- H.R. 3648. A bill to amend the Internal Rev- questing compliance with. or soliciting in- chant Marine and Fisheries. enue Code of 1986 to provide investment in- formation regarding compliance with, the By Mr. FRANK of Massachusetts (for centives for any corporation with a majority secondary or tertiary Arab boycott; to the himself, Mr. BAKER of Louisiana, Mr. of its manufacturing operations in the Unit- Committee on Foreign Affairs. MORAN, Mr. LEACH, Mr. FLAKE, Mr. ed States; to the Committee on Ways and By Mr. LAROCCO (for himself, Mr. MCCOLLUM, and Mr. LAROCCO): Means. LEHMAN, Mr. RAHALL, Mr. YOUNG of H.R. 3642. A bill to provide regulatory cap- By Mr. HUNTER (for himself, Mr. BUR- Alaska, Mr. RICHARDSON, Mr. SCHIFF, ital guidelines for treatment of real estate TON of Indiana, Mr. CUNNINGHAM, Mr. and Mrs. VUCANOVICH): assets sold with limited recourse by deposi- EVERETT, Ms. KAPTUR, and Mr. H.R. 3657. A bill to establish fees for com- tory institutions; jointly to the Committees TRAFICANT): munication sites on public lands; jointly, to on Banking, Finance and Urban Affairs and H.R. 3649. A bill to establish the Industrial the Committees on Natural Resources and Energy and Commerce. Regulatory Relief Commission; jointly, to Agriculture. By Mr. FRANKS of Connecticut: the Committees on Energy and Commerce, By Mr. LEHMAN (for himself. Mr. H.R. 3643. A bill to amend the Internal Rev- Banking, Finance and Urban Affairs, and MOORHEAD. Mr. BERMAN, Mr. DOOLEY, enue Code of 1986 to provide tax incentives to Rules. Mr. MATSUI. Mr. DELLUMS, and Mr. encourage corporations to provide financing By Mr. WAXMAN (for himself and Mr. ROHRABACHER): and management support services to enable DINGELL): H.R. 3658. A bill to amend the Fair Labor welfare recipients to leave welfare an oper- H.R. 3650. A bill to amend the Federal Standards Act of 1938 to provide that em- ate small business concerns; to the Commit- Food, Drug, and Cosmetic Act to assure ac- ployees in classified positions in community tee on Ways and Means. cess to dietary supplements and to amend colleges are not required to receive overtime By Mr. GRAMS: the Dietary Supplement Act of 1992 to extend compensation for service in a certified or H.R. 3644. A bill to correct the tariff treat- the moratorium with respect to the issuance other academic position; to the Committee ment of certain articles covered by the of regulations on dietary supplements, and on Education and Labor. Nairobi Protocol; to the Committee on Ways for other purposes; to the Committee on En- By Mrs. MALONEY (for herself, Mr. and Means. ergy and Commerce. RANGEL, Mr. GILMAN, Mr. MANTON, By Mr. GRAMS (for himself, Mr. By Mrs. JOHNSON of Connecticut (for Mr. NADLER, Mr. ENGEL, Mrs. LOWEY, HUTCHINSON, Mr. HASTERT, Mr. GING- herself, and Mr. THOMAS of Califor- Mr. OWENS, Mr. HINCHEY. Mr. RICH, Mr. ARMEY, Mr. MCCOLLUM, Mr. nia): HOCHBRUECKNER, Mr. MCNULTY, Mr. DELAY, Mr. HYDE, Mr. HUNTER, Mr. H.R. 3651. A bill to amend the Internal Rev- FLAKE, Ms. VELAZQUEZ, Mr. SCHUMER, PAXON, Mr. SOLOMON, Mr. KASICH, Mr. enue Code of 1986 with respect to the treat- Mr. ACKERMAN, MS. SLAUGHTER, Mr. ISTOOK, Mr. KNOLLENBERG, Mr. TAL- ment of long-term care insurance policies, QUINN, and Mr. SERRANO): ENT, Mr. CRAPO, Mr. MANZULLO, Ms. and for other purposes; jointly, to the Com- H.R. 3659. A bill to amend title XIX of the DUNN, Mr. BACHUS of Alabama, Mr. mittees on Ways and Means and Energy and Social Security Act to improve the Federal BARTLETT of Maryland, Mr. DICKEY, Commerce. medical assistance percentage used under Mr. KINGSTON, Mr. KIM, Ms. PRYCE Of By Mrs. JOHNSON of Connecticut (for the Medicaid Program, and for other pur- Ohio, Mr. HOEKSTRA, Mr. LEVY, Mr. herself, Mr. THOMAS of California, poses; to the Committee on Energy and Com- POMBO, Mr. MCKEON, Mr. BAKER of Mr. MCMILLAN, and Mr. GUNDERSON): merce. California, Mr. COLLINS of Georgia, H.R. 3652. A bill to improve the competi- By Mr. MANZULLO (for himself and Mr. INGLIS of South Carolina, Mr. tiveness, efficiency, and fairness of health Mr. WELDON): 32086 :ONGRESSIONAL RECORD-HOU; SE November 22, 1993 H.R. 3660. A bill to amend the Omnibus H.R. 3668. A bill to require the Secretary of By Mr. ORTIZ (for himself, Mr. Crime Control and Safe Streets Act of 1968 to the Treasury to mint coins in commemora- WELDON, Mr. HUGHES, Mr. DELLUMS, ensure that chaplains killed in the line of tion of the 125th anniversary of the founding Mr. LIPINSKI, Mr. LAUGHLIN, Mr. duty receive benefits; to the Committee on of the American museum of Natural History; YOUNG of Alaska, Mr. FROST, Mr. the Judiciary. to the Committee on Banking, Finance and BONIOR, and Mr. WASHINGTON): By Mr. McCOLLUM (for himself. Mr. Urban Affairs. H.R. 3679. A bill to authorize appropria- LEWIS of California, Mr. SAM JOHN- By Mr. NADLER: tions to expand implemention of the Junior SON, Mr. LINDER, Mr. BACHUS of Ala- H.R. 3669. A bill to amend the Public Duck Stamp Conservation Program con- bama, Mr. GRAMS, Mr. MOCRERY, Mr. Health Service Act with respect to determin- ducted by the U.S. Fish and Wildlife Service; THOMAS of Wyoming, Mr. McCAND- ing the amount of a supplemental grant to the Committee on Merchant Marine and LESS, and Mr. CASTLE): under the emergency relief program regard- Fisheries. H.R. 3661. A bill to amend the Federal De- ing the human immunodeficiency virus; to By Mr. OWENS (for himself and Mr. posit Insurance Act to clarify the due proc- the Committee on Energy and Commerce. HASTINGS): ess protections applicable to directors and By Mr, NADLER (for himself and Mrs. H.R. 3680. A bill to amend the revised stat- officers of insured depository institutions SCHROEDER): utes to restore standards for proving inter- and other institution-affiliated parties, and H.R. 3670. A bill to provide a civil claim for national discrimination; jointly, to the Com- for other purposes; to the Committee on individuals who are victims of crimes moti- mittees on Education and Labor and the Ju- Banking, Finance and Urban Affairs. vated by actual or perceived race, color, gen- diciary. By Mr. MEEHAN: der, religion, national origin, ethnicity, sex- By Mr. OXLEY: H.R. 3662. A bill to amend the Ethics in ual orientation, or physical or mental dis- H.R. 3681. A bill to promote the establish- Government Act of 1978 to require that Mem- ability; to the Committee on the Judiciary. ment of qualified voluntary environmental bers, officers, and employees of Congress re- By Mr. NADLER (for himself, Ms. response programs in States and to encour- quired to file reports under this Act disclose LOWEY, Mr. ENGEL, and Mr. SCHU- age the expeditious remediation of contami- in those reports additional information re- MER): nated sites; jointly, to the Committees on lating to travel financed by persons with any H.R. 3671. A bill to amend the Internal Rev- Energy and Commerce and Public Works and interest in legislation before the Congress, enue Code of 1986 to provide for adjustments Transportation. and for other purposes; jointly, to the Com- in the individual income tax rates to reflect By Mr. PALLONE: mittees on the Judiciary, House Administra- regional differences in the cost-of-living; to H.R. 3682. A bill to require that 4-gallon to tion, and Post Office and Civil Service. the Committee on Ways and Means. 6-gallon buckets distributed in commerce herself, Mr. GIL- bear a permanent label warning of a poten- By Mrs. MEEK (for By Mr. NADLER: MAN, Ms. BROWN of Florida, Mr. H.R. 3672. A bill to require the Secretary of tial drowning hazard to young children, and OWENS, Mr. MFUME, Mr. TOWNS, Mr. Labor to establish cost-of-living indexes on a for other purposes; to the Committee on En- RUSH, Mrs. CLAYTON, Mr. ScoTT, Mr. regional basis; to the Committee on Edu- ergy and Commerce. LEWIS of Georgia, Mr. WATT, Mr. cation and Labor. By Mr. PETERSON of Florida: ROMERO-BARCELO, Miss H.R. 3683. A bill to amend the Community HILLIARD, Mr. By Mr:'HERGER: Reinvestment Act of 1977 to permit any loan COLLINS of Michigan, Mr. FLAKE, Mr. H.R. 3673. A bill to minimize the impact of by an insured depository institution, the TUCKER, Ms. WATERS, Mr. JEFFERSON, Federal acquisition of private lands on units proceeds of which are used for the certified Mr. PAYNE of New Jersey, Mr. RAN- of local government, and for other purposes; rehabilitation of a certified historical struc- GEL, Ms. PELOSI, Mr. WYNN, Mr. JA- to the Committee on Government Oper- ture, to be taken into account in connection coBS, Mr. FRANK of Massachusetts, ations. with an assessment of such institution for Ms. EDDIE BERNICE JOHNSON of Texas, By Mr. NADLER; purposes of such act; to the Committee on Mr. CONYERS, Mr. HASTINGS, Mr. FOG- H.R. 3674. A bill to amend title XIX of the Banking, Finance and Urban Affairs. LIETTA, Ms. MCKINNEY, Mr. SERRANO, Social Security Act to increase the income By Mr. PICKLE (for himself and Mr. Mr. WASHINGTON, Mr. DE LUGO, Mr. eligibility limit for medical assistance for CLYBURN, Mr. ENGEL, and Mr. DEL- ARCHER): COBRA continuation coverage under a State H.R. 3684. A bill to amend the Internal Rev- LUMS): medicaid plan from 100 percent to 185 percent H.R. 3663. A bill to reaffirm the obligation enue Code of 1986 to modify the pension plan of the poverty level; to the Committee on of the United States to refrain from the in- rules applicable to State judicial retirement Energy and Commerce. voluntary return of refugees outside the plans; to the Committee on Ways and Means. H.R. 3675. A bill to provide for the estab- United States, designate Haiti under tem- By Mr. POMBO: lishment of alternative use committees at porary protected status, and for other pur- H.R. 3685. A bill to amend title 18, United poses; jointly, to the Committees on Foreign defense facilities to assist in the economic States Code, to authorize prosecutions as Affairs and the Judiciary. adjustment of communities, industries, and adults of certain armed offenders who are ju- By Mr. MINGE: workers as a result of reductions or realign- veniles; to the Committee on the Judiciary. H.R. 3664. A bill to direct the Secretary of ments in defense or aerospace spending and By Mr. ROBERTS (for himself and Mr. the Interior to convey to the State of Min- arms exports and the closure or realignment CONDIT); nesota the New London National Fish Hatch- of military installations; jointly, to the H.R. 3686. A bill to amend the Safe Drink- ery production facility; to the Committee on Committees on Armed Services, Education ing Water Act to suspend the requirements Merchant Marine and Fisheries. and Labor, Foreign Affairs, Science, Space, of that act until the costs of implementing By Mrs. MORELLA (for herself and Ms. and Technology, and Merchant Marine and those requirements are fully funded by the BYRNE): Fisheries. Federal Government; to the Committee on H.R. 3665. A bill to amend title 49, United By Ms. NORTON: Energy and Commerce. States Code, relating to penalty amounts for H.R. 3676. A bill to amend the District of By Mr. ROEMER (for himself, Mrs. civil violations of Federal motor carrier Columbia Spouse Equity Act of 1988 to pro- MALONEY, Mr. PENNY, Mr. BARRETT of safety regulations, and for other purposes; to vide for coverage of the former spouses of Wisconsin, Mr. FRANK of Massachu- the Committee on Public Works and Trans- judges of the District of Columbia courts; to setts, Mr. SHAYS, Mr. RAMSTAD, Mr. portation. the Committee on the District of Columbia. POMEROY, Mr. HOEKSTRA, Mr. By Mr. MURPHY (for himself and Mr. By Ms. NORTON (by request): MEEHAN, Mr. STRICKLAND, Mr. DUR- MURTHA): H.R. 3677. A bill to extend to the Mayor of BIN, Mr. VENTO, Mr. BARCA of Wiscon- H.R. 3666. A bill to require the Secretary of the District of Columbia the same authority sin, Mr. ANDREWS of Maine, Mr. the Treasury to mint and issue $1 coins in with respect to the National Guard of the POSHARD, Ms. DANNER, Mrs. Rou- commemoration of the 50th anniversary of District of Columbia as the Governor of a KEMA, Mr. KLEIN, Mr. LAROCCO, Mr. the end of World War II and General George State exercises with respect to the National DEFAZIO, Mr. CONYERS, Mr. KLECZKA, C. Marshall's service therein; to the Commit- Guard of that State; jointly, to the Commit- Mr. HUGHES, Mr. SCHUMER, Mr. POR- tee on Banking, Finance and Urban Affairs. tees on Armed Services and the District of TER, Mr. PAYNE of New Jersey, Mr. By Mr. MURPHY: Columbia. SHARP, and Mr. HASTERT): H.R. 3667. A bill to redesignate the Federal By Mr. ORTIZ (for himself, Mr. H.R. 3687. A bill to cancel the space station building located at Ninth and Pennsylvania WELDON, Mr. LEHMAN, and Mr. TAU- program; to the Committee on Science, Avenue, NW., Washington, DC, and known as ZIN): Space, and Technology. the "J. Edgar Hoover Federal Bureau of In- H.R. 3678. A bill to authorize the Secretary By Mr. SANGMEISTER (for himself vestigation Building" as the "Federal Bu- of the Interior to negotiate agreements for and Mr. HASTERT): reau of Investigation Building"; to the Com- the use of Outer Continental Shelf sand, H.R. 3688. A bill to extend the deadlines ap- mittee on Public Works and Transportation. gravel, and shell resources; jointly, to the plicable to certain hydroelectric projects By Mr. NADLER (for himself and Mrs. Committees on Natural Resources and Mer- under the Federal Power Act; to the Com- MALONEY): chant Marine and Fisheries. mittee on Energy and Commerce. November 22, 1993 CONGRESSIONAL RECORD-HOUSE 32087 By Mr. SANTORUM (for himself and By Mr. STOKES (for himself. Mr. CLAY, H.R. 3709. A bill to reform the process for Mrs. ROUKEMA): Mrs. MEEK, Mr. LEWIs of Georgia, Mr. the study of areas for potential inclusion in H.R. 3689. A bill to limit occupancy of non- DELLUMS, Mr. HILLIARD, Mr. MFUME, the National Park System, and for other elderly single persons in dwelling units lo- Mr. JEFFERSON, Mr. TOWNS, Mr. BISH- purposes; to the Committee on Natural Re- cated in public housing projects for elderly OP, Ms. NORTON, and Mr. THOMPSON): sources. families; to the Committee on Banking, Fi- H.R. 3699. A bill to amend the Public H.R. 3710. A bill to strengthen the protec- nance and Urban Affairs. Health Service Act to establish, reauthorize tions afforded to units of the National Park By Mr. SANTORUM: and revise provisions to impiove the health System and certain other nationally signifi- H.R. 3690. A bill to require that develop- of individuals from disadvantaged back- cant historic and natural places, and for ment assistance may be provided to certain grounds, and for other purposes; jointly, to other purposes; to the Committee on Natural governmental or nongovernmental organiza- the Committees on Education and Labor and Resources. tions only if those organizations use that as- Energy and Commerce. By Mrs. VUCANOVICH: sistance in democratic countries, and for By Mr. STRICKLAND: H.R. 3711. A bill to establish within the De- other purposes; to the Committee on Foreign H.R. 3700. A bill to provide for enforcement partment of Energy a National Test and Affairs. of State court judgments against federally Demonstration Center of Excellence at the H.R. 3691. A bill to require that printing for forfeited assets of individuals who are delin- Nevada test site, and for other purposes; to the executive and legislative branches of the quent in payment of child support; jointly, the Committees on Armed Services, Science. Government be procured through a competi- to the Committees on the Judiciary, Energy Space, and Technology, and Energy and tive bid process conducted by the Adminis- and Commerce, and Ways and Means. Commerce. trator of General Services; jointly, to the By Mr. STUDDS: By Mr. WHEAT: Committees on Government Operations and H.R. 3701. A bill to deauthorize a portion of H.R. 3712. A bill to award a congressional House Administration. the project for navigation, Falmouth, MA, gold medal on behalf of President Harry S. H.R. 3692. A bill to limit the amount an ex- and for other purposes; to the Committee on Truman to commemorate the 50th anniver- ecutive agency may obligate for office fur- Public Works and Transportation. sary of his 1st inauguration as President of niture and decorating in fiscal years after By Mr. SYNAR: the United. States of America; to the Com- fiscal year 1994. and to rescind amounts H.R. 3702. A bill to amend section 1341 of mittee on Banking, Finance and Urban Af- available for that purpose for fiscal year title 28, United States Code, relating to the fairs. 1994; to the Committee on Government Oper- jurisdiction of the district courts over cer- H.R. 3713. A bill to amend the Motor Vehi- ations. tain tax controversies: to the Committee on cle Information and Cost Savings Act to es- By Mr. SCHAEFER: the Judiciary. tablish certain safeguards for the protection H.R. 3693. A bill to designate the U.S. By Mr. THOMAS of California: of purchasers with respect to the sale of courthouse under construction in Denver, H.R. 3703. A bill to validate and confirm a motor vehicles that are salvage or have been CO, as the "Byron White United States conveyance of certain real property by the damaged, to require inspection of salvage ve- Courthouse"; to the Committee on Public Southern Pacific Transportation Co., succes- hicles that have been repaired in order to Works and Transportation. sor in interest to Southern Pacific Railroad prevent the sale of unsafe vehicles or vehi- By Mrs. SCHROEDER (for herself, Mr. Co., to the Redevelopment Agency of the cles with stolen parts, and for other pur- MARKEY, and Mr. KENNEDY): H.R. 3694. A bill to amend title 5, United city of Tulare, a public body, corporate and poses; to the Committee on Energy and Com- and for other purposes; to the Com- merce. States Code, to permit the garnishment of an politic, By annuity under the Civil Service Retirement mittee on Energy and Commerce. Mr. WHITTEN: By Mr. THOMAS of California (for him- H.R. 3714. A bill to provide for an interpre- System or the Federal Employees' Retire- ment System, if necessary to satisfy a judg- self, Mrs. JOHNSON of Connecticut, tive center at the Civil War Battlefield of ment against an annuitant for physically Mr. GUNDERSON, and Mr. MACHTLEY): Corinth, MS. and for other purposes: to the abusing a child: to the Committee on Post H.R. 3704. A bill to provide comprehensive Committee on Natural Resources. Office and Civil Service. reform of the health care system of the Unit- By Mr. YOUNG of Alaska: ed States, and for other purposes; jointly, to H.R. 3715. A bill to provide By Mr. SMITH of Texas (for himself, consultations Mr. KASICH, Mr. Cox, and Mr. FRANKS the Committees on Energy and Commerce, for the development of Articles of Incorpora- of New Jersey): Ways and Means. Education and Labor, the tion for territories of the United States; to H.R. 3695. A bill to establish requirements Judiciary, and Rules. the Committee on Natural Resources. relating to the issuance and review of regula- By Mrs. THURMAN (for herself, Mr. By Mr. ZIMMER; tions by Federal agencies; to the Committee CANADY, Mr. BACCHUS of Florida, Mr. H.R. 3716. A bill to limit amounts expended on the Judiciary. BILIRAKIS, MS. BROWN of Florida. by certain Government entities for overhead By Mr. STARK: Mrs. FOWLER, Mr. GIBBONS, Mr. Goss, expenses; to the Committee on Government H.R. 3696. A bill to subject the income of Mr. JOHNSTON of Florida, Mr. MILLER Operations. the Federal National Mortgage Association, of Florida, Mr. PETERSON of Florida. H.R. 3717. A bill to allow for moderate the Federal Home Loan Mortgage Corpora- and Ms. ROS-LEHTINEN): growth of mandatory spending; jointly, to tion, and the Student Loan Marketing Asso- H.R. 3705. A bill to amend the Fair Labor the Committees on Government Operations ciation to taxation by State and local gov- Standards Act of 1938 to provide an exemp- and Rules. ernments, and to require the Mayor of the tion from that act for inmates of penal or By Mr. GEPHARDT: District of Columbia to submit a report to other correctional institutions who partici- H.J. Res. 300. Joint resolution providing for Congress on the economic impact of such en- pate in certain programs; to the Committee the convening of the 2d session of the 103d tities on the District of Columbia; jointly, to on Education and Labor. Congress; considered and passed. the Committees on Banking, Finance and By Mr. TOWNS (for himself, Mr. BROWN By Mr. CRANE: Urban Affairs. Education and Labor, and the of California, Miss COLLINS of Michi- H.J. Res. 301. Joint resolution designating District of Columbia. gan, Mr. CONYERS, Mr. DELLUMS, Mr. May 1994 as "National Sporting Goods H.R. 3697. A bill to amend the Internal Rev- EVANS, Mr. PETERSON of Minnesota, Month"; to the Committee on Post Office enue Code of 1986 to impose excise taxes on Mr. RICHARDSON, Mr. SANDERS, Mrs. and Civil Service. acts of self-dealing and private inurement by SCHROEDER, Mr. WHEAT, and Mr. By Ms. FURSE (for herself, Ms. SNOWE, certain tax-exempt organizations; to the WYNN): Ms. MCKINNEY, Ms. VELAZQUEZ, Mr. Committee on Ways and Means. H.R. 3706. A bill to amend the Solid Waste ANDREWS of Maine, Mr. BARRETT of By Mr. STEARNS (for himself, Mr. Disposal Act to prohibit the international Wisconsin, Mr. BECERRA, Mr. BEILEN- ARMEY, Mr. HASTERT, Mr. BAKER of export and import of certain solid waste; to SON, Mr. BILBRAY, Mr. BISHOP, Mr. California, Mr. CUNNINGHAM, Mr. the Committee on Energy and Commerce. BONIOR, Ms. BYRNE, Mrs. CLAYTON, DELAY, Mr. GINGRICH, Mr. RAMSTAD, By Mr. VENTO (for himself, Mr. Mr. CONYERS, Mr. COPPERSMITIH, Mr. Mr. GRAMS, Mr. HANCOCK, Mr. HYDE, HINCHEY, and Mr. BOUCHER): DEFAZIO, Mr. DELLUMS, Mr. DE LUGO. Mr. TALENT, Mrs. VUCANOVICH, Mr. H.R. 3707. A bill to establish an American Ms. ESHOO. Mr. FALEOMAVAEGA, Mr. HUTCHINSON, Mr. DORNAN, Mr. HUN- Heritage Areas Partnership Program in the FAZIo, Mr. FISH, Mr. FOGLIETTA, Mr. TER, Mr. GEKAS, and Mr. DUNCAN): Department of the Interior; to the Commit- FROST, Mr. GIBBONS, Mr. GREENWOOD, H.R. 3698. A bill to provide Americans with tee on Natural Resources. Mr. HINCHEY, Mr. HUGHES, Mr. HUTro, secure, portable health insurance benefits By Mr. VENTO: Ms. EDDIE BERNICE JOHNSON Of Texas. and greater choice of health insurance plans, H.R. 3708. A bill to reform the operation, Mr. KASICH, Mr. LANCASTER, Mr. and for other purposes; jointly, to the Com- maintenance, and development of the LEWIS of Georgia, Mr. LIPINSKI, Mrs. mittees on Energy and Commerce, Ways and Steamtown National Historic site, and for LLOYD, Ms. LOWEY, Mr. MARTINEZ, Means, Education and Labor, the Judiciary, other purposes; to the Committee on Natural Mr. McDERMOTT, Mr. MCNULTY, Mrs. and Rules. Resources. MEEK, Mr. MINGE, Mrs. MINK, Mr. 32088 CONGRESSIONAL RECORD-HOUSE November 22, 1993 MOAKLEY, Mrs. MORELLA, Mr. BROWN of Ohio, Mr. HUNTER, Mr. H.R. 518: Mr. FORD of Michigan, Mr. SAND- NADLER, MS. NORTON, Mr. OBERSTAR, RUSH, Mr. CRAPO, Mr. SLATTERY, Mr. ERS, Mr. SABO, Mr. GUTIERREZ, Mr. PALLONE, Mr. OLVER, Mr. PASTOR. Ms. PELOSI, MARKEY, Mrs. MINK, Mr. BROWN of and Ms. KAPTUR. Mr. PETERSON of Minnesota, Mr. RAN- California, Ms. KAPTUR, Mr. COYNE, H.R. 522: Mr. SERRANO. GEL, Mr. RAVENEL, Ms. ROYBAL-AL- Mr. KiLDEE, Mr. OBEY, Mr. RAHALL, H.R. 549: Mr. SCHIFF. LARD. Mr. SCOTT, Mr. SERRANO, Mr. Mr. SANGMEISTER. Mr. SAWYER, Mr. H.R. 551: Mr. BUNNING, Mr. ENGEL, and Mr. TOWNS, Mrs. UNSOELD, Mr. VALEN- SYNAR, Mr. BOEHLERT, Mr. QUINN, Mr. BARLOW. TINE, Mr. WALSH, Mr. WASHINGTON, ROEMER, MS. FURSE, MS. MARGOLIES- H.R. 561: Mr. ARMEY Mr. HERGER of Califor- Ms. WATERS, Mr. WAXM.AN, and Ms. MEZVINSKY, Mr. MOLLOHAN, Mr. NEAL nia, and Mr. UPTON. WOOLSEY): of Massachusetts, Mrs. KENNELLY, H.R. 624: Mr. GOODLATTE, Mr. VENTO, Mr. H.J. Res. 302. Joint resolution designating Mr. PICKLE, Mr. BONIOR, Mr. HOUGH- HINCHEY, and Mr. ROMERO-BARCELO. 1994 through 1999 as the "Years of the Girl TON, and Miss COLLINS of Michigan): H.R. 643: Ms. MOLINARI. Child"; to the Committee on Post Office and H. Con. Res. 193. Concurrent resolution to H.R. 657: Mr. BATEMAN. Civil Service. express the sense of the Congress regarding H.R. 662; Mr. SPENCE and Mr. Cox. By Mr. LANTOS (for himself, Mr. GEP- negotiations objectives for the Uruguay H.R. 672: Mr. DORNAN, Mr. HINCHEY, Mr. HARDT, Mr. MICHEL, Mr. DELLUMS, round of the General Agreement on Trade QUINN, and Mr. KENNEDY. Mr. SPENCE, Mr. MONTGOMERY, Mr. and Tariffs [GATTJ to the Committee on H.R. 681: Mr. SHAYS. STUMP, and Mr. GIBBONS): Ways and Means. H.R. 702: Mr. WYNN. H.R. 723: Mr. BACHUS of Alabama and Mr. H.J. Res. 303. Joint resolution designating By Mr. TALENT: JOHNSON of South Dakota. June 6, 1994, as "D-Day National Remem- H. Con. Res. 194. Concurrent resolution ex- H.R. 746: Ms. NORTON and Mr. MATSUI. brance Day'; to the Committee on Post Of- pressing the sense of the Congress that any H.R. 769: Mr. ANDREWS of Maine. fice and Civil Service. comprehensive health care reform legisla- H.R. 778: Mr. ORTON, Mr. DARDEN. Mrs. By Mr. SHARP (for himself, Mr. tion that is enacted should require a Senator LLOYD, and Mr. CLEMENT. SWETT, Mrs. MORELLA, Ms. LAMBERT, or Representative in, or Delegate or Resident H.R. 814: Mr. SCHIFF and Mr. BACHUS of and Mr. BOEHLERT): Commissioner to, the Congress to wait for a Alabama. H. Con. Res. 188. Concurrent resolution ex- period equal to a national average waiting H.R. 846: Mr. Goss. that a dra- period before receiving a health care service; pressing the sense of the Congress H.R. 883: Mr. HOKE. matic new direction in Federal Government jointly, to the Committees on Energy and H.R. 895: Mr. BACHUS of Alabama and Mr. research, development, demonstra- Commerce and House Administration. energy SCHAEFER. commercialization funding prior- tion, and H.R. 896: Mr. BATEMAN, Mrs. VUCANOVICH, ities should be adopted to improve environ- and Mrs. FOWLER. mental protection, create new jobs, enhance PRIVATE BILLS AND RESOLUTIONS H.R. 943: Mr. CAMP, Mr. DUNCAN, Mr. U.S. competitiveness, and reduce the trade ORTON, and Mr. LAZIO. deficit; jointly, to the Committees on Energy Under clause 1 of rule XXII, H.R. 961: Ms. MOLINARI, Mr. PALLONE, and and Commerce and Science, Space, and Tech- Mr. JOHNSON of South Dakota. nology. Ms. MARGOLIES-MEZVINSKY introduced a bill (H.R. 3718) for the relief of Mark A. H.R. 972: Ms. FURSE. By Mr. McCLOSKEY (for himself, Mr. H.R. 1015: Mr. GILMAN. WILSON, Mr. HYDE, and Ms. MOL- Potts; which was referred to the Committee on the Judiciary. H.R. 1026: Mr. BACHUS of Alabama. INARI): H.R. 1048: Mr. STARK, Mrs. MALONEY, Mr. H. Con. Res. 189. Concurrent resolution ex- PENNY, and Mr. PASTOR. pressing the sense of the Congress that every ADDITIONAL SPONSORS H.R. 1055: Ms. FURSE and Mr. LEVY. effort should be made to avert a humani- H.R. 1080: Mr. BLUTE, Mr. JOHNSON of South tarian disaster in Bosnia and Herzegovina Under clause 4 of rule XXII, sponsors Dakota, and Mr. GILCHREST. and the other former Yugoslav republics dur- were added to public bills and resolu- H.R. 1086: Mr. GEJDENSON. ing the winter of 1993-94; to the Committee tions as follows: H.R. 1099: Mr. MICA, Mr. STEARNS, Mr. on Foreign Affairs. H.R. 21: Ms. FURSE. LINDER, Mr. BACHUS of Alabama, Mrs. By Mr. GEPHARDT: H.R. 39: Mr. LANTOS and Mr. WYNN. VUCANOVICH, Mr. CoX, and Mr. RAMSTAD. H. Con. Res. 190. Concurrent resolution H.R. 70: Mrs. FOWLER and Mr. JOHNSON of H.R. 1116: Mr. WYNN. providing for the sine die adjournment of the South Dakota. H.R. 1122: Mr. KNOLLENBERG, Mr. SCHAE- 1st session of the 103d Congress; considered H.R. 122: Mr. KLUG and Mrs. MALONEY. FER, and Mrs. MALONEY. and agreed to. H.R. 133: Mr. KLUG, Mr. Cox, and Mr. HOKE. H.R. 1124: Mr. BACHUS of Alabama and Mr. By Mr. FRANKS of New Jersey (for H.R. 140: Mr. BURTON of Indiana, Mr. SCHAEFER. himself. Mr. JOHNSON of Georgia, and PORTMAN, Mr. OXLEY, Mr. SHAW, Mr. H.R. 1125: Mr. BATEMAN. Mr. REGULA): GALLEGLY, Mr. REYNOLDS, Mr. CANADY, Mr. H.R. 1126: Mr. MICA, Mr. SCHAEFER, and Mr. H. Con. Res. 191. Concurrent resolution to BARTON of Texas, Mr. GRANDY, Mr. LIURTHA, BACHUS of Alabama. urge the Secretary of State to actively en- Mr. LANCASTER, Mrs. VUCANOVICH, and Mr. H.R. 1127: Mr. SCHAEFER. gage in negotiations with the signatories of ARMEY. H.R. 1128: Mr. Cox, Mr. BACHUS of Alabama, the United Nations Convention relating to H.R. 146: Mr. BACHUS of Alabama. and Mr. BLUTE. the status of refugees to establish inter- H.R. 163: Mr. HOKE and Mr. GORDON. H.R. 1129: Mr. KNOLLENBERG, Mr. COX, and national first safe haven procedures for H.R. 173: Mr. GORDON. Ms. MOLINARI. aliens claiming political asylum; to the H.R. 226: Mr. YATES, Mr. SWETT, and Mr. H.R. 1130: Mr. SHAW and Mr. BACHUS of Ala- Committee on Foreign Affairs. WISE. bama. By Mr. NADLER: H.R. 291: Mr. BUNNING, Mr. HUGHES, and H.R. 1151: Mr. WAXMAN. H. Con. Res. 192. Concurrent resolution ex- Ms. FURSE. H.R. 1164: Mr. TOWNS. pressing the sense of Congress with respect H.R. 301: Mr. KLUG. H.R. 1167: Mr. BACHUS of Alabama. to information on AIDS and HIV infections. H.R. 306:.Mr. FRANKS of Connecticut. H.R. 1168: Mr. Cox, Mrs. FOWLER, Mr. BATE- and for other purposes; to the Committee on H.R. 383: Mrs. MEYERS of Kansas. MAN, and Mr. QUINN. Energy and Commerce. H.R. 388: Mrs. MEYERS of Kansas. H.R. 1169: Mr. BACHUS of Alabama and Mr. By Mr. REGULA (for himself, Mr. H.R. 401: Mr. HERGER of California. Cox. LEVIN, Mr. MINETA, Mr. OBERSTAR, H.R. 417: Ms. PRYCE of Ohio. H.R. 1176: Ms. FURSE. Mr. YATES, Mr. COSTELLO, Mr. APPLE- H.R. 425: Mr. BARCIA of Michigan. H.R. 1181: Mr. SWETT. GATE, Mr. VISCLOSKY, Mr. HUGHES, H.R. 427: Mr. BARCIA of Michigan. H.R. 1191: Mr. GILCHREST. Mr. EDWARDS of California, Mr. H.R. 429: Mr. KLUG and Mr. MICA. H.R. 1192: Mr. ZIMMER. BOEHNER, Mr. FILNER, Mr. CONYERS, H.R. 436: Ms. PELOSI AND MS. FURSE. H.R. 1194: Mr. MCCLOSKEY and Mr. NADLER. Mr. LIPINSKI, Mr. LANCASTER, Mrs. H.R. 441: Ms. MOLINARI Mr. BLUTE, Mr. H.R. 1200: Mr. FIELDS of Louisiana, Mr. BENTLEY, Mr. MURTHA, Ms. LOWEY, PALLONE, Mr. SCHAEFER, Mr. JOHNSON of SYNAR, Mr. RICHARDSON, Mr. GONZALEZ, and Ms. ESHOO, Mr. DEFAZIO, Mr. CARDIN, South Dakota, and Mr. LAZIO. Mr. WAXMAN. Mr. GENE GREEN of Texas, Mr. PAS- H.R. 465: Mr. SCHAEFER, Mr. HOKE, and Mr. H.R. 1209: Mr. BACHUS of Alabama and Mr. TOR, Mr. RIDGE, Mr. WELDON, Mr. JOHNSON of South Dakota. Cox. CARR, Mr. GEKAS, Mr. LAFALCE, Mr. H.R. 476: Mr. GRAMS, Ms. FURSE, and MR. H.R. 1231: Mr. BARCA of Wisconsin. CLAY, Ms. LONG, Mr. MCDADE, Mr. Jefferson. H.R. 1241: Mrs. MEYERS of Kansas. PALLONE, Mr. STOKES, Mr. DINGELL. H.R. 477: Mrs. MALONEY. H.R. 1276: Mr. SARPALIUS and Mr. CRAMER. Mr. HINCHEY, Mr. VENTO. Mr. H.R. 502: Mr. GOODLATTE, Mrs. MALONEY, H.R. 1293: Mr. LINDER, Mr. DOOLITTLE, Mr. MCHALE, Mr. PAYNE of Virginia, Mr. and Mr. BACCHUS of Florida. BACHUS of Alabama, and Mr. SCHAEFER. November 22, 1993 C:ONGRESSIONAL RECORD-HOUSE 32089 H.R. 1295: Mr. ANDREWS of Texas, Mr. HOB- H.R. 1857: Mr. BACHUS of Alabama. BONILLA. Mr. ENGLISH of Oklahoma, Mr. SON, Mr. HERGER of California, Mr. KYL, and H.R. 1860: Mr. BACHUS of Alabama. PETRI, Mr. DUNCAN, Mr. MFUME, Ms. Mr. ISTOOK. H.R. 1864: Mr. McKEON. DELAURO, Mr. ARMEY, Mr. SWIFT, Mr. ROTH, H.R. 1322: Mr. LIVINGSTON. Mr. DICKEY, Mr. H.R. 1883: Mr. GONZALEZ, Mr. HASTINGS, Mr. RAMSTAD, Mr. KLECZKA, Mr. ROBERTS, DOOLITTLE, Mr. ISTOOK, Mr. CRAPO, Mr. Mr. BROWN of California, Miss COLLINS of Mr. WYNN, Mr. PORTER, Mr. GRAMS. Mr. LEH- TUCKER, Mr. INGLIS of South Carolina, Mr. Michigan, and Mr. YOUNG of Florida. MAN, and Mr. ScoTT. MACHTLEY, Mr. KASICH, Mr. DELAY, Mr. H.R. 1884: Mr. BEVILL and Mr. BARRETT of H.R. 2452: Mr. ANDREWS of New Jersey. LIGHTFOOT, Mr. DARDEN, Mr. DIAZ-BALART, Wisconsin. H.R. 2464: Mr. TORRES. Mr. CAMP, Mr. EVERETT, and Mr. MCKEON. H.R. 1887: Mr. BATEMAN, Mr. HERGER of H.R. 2484: Mr. LIPINSKI and Mr. HYDE. H.R. 1349: Mr. COBLE, Mr. DEUTSCH, and Ms. California, and Mr. BACHUS of Alabama. H.R. 2488: Mr. ANDREWS of Maine. Mr. LAN- FURSE. H.R. 1900: Mr. THORNTON. TOS, and Mr. PALLONE. H.R. 1354: Mr. TORKILDSEN, Mr. MILLER of H.R. 1910: Mr. TAUZIN and Mr. SCHAEFER. H.R. 2525: Mr. CALLAHAN and Mr. California, Mr. NADLER, and Mrs. MORELLA. H.R. 1921: Mr. HOKE. BALLENGER. H.R. 1392: Mr. HOKE. H.R. 1950: Mr. BALLENGER, Mr. HOBSON. Mr. H.R. 2526: Mr. SANDERS. H.R. 1402: Mr. FRANK of Massachusetts. SOLOMON, and Mr. HERGER of California. H.R. 2527: Mr. SANDERS. H.R. 2541: Mr. Cox. H.R. 1423: Mr. MATSUI, Mr. GRAMS, Mr. H.R. 1961: Ms. BYRNE. HILLIARD, Mr. APPLEGATE. and Mr. HINCHEY.. H.R. 1968: Mr. ANDREWS of Maine. H.R. 2543: Mr. HINCHIEY. H.R. 2572: Mr. WYNN. H.R. 1428: Mr. BACHUS of Alabama. H.R. 1989: Mr. ZIMMER. H.R. 2600: Mr. FLAKE. H.R. 1444: Mr. FRANK of Massachusetts. H.R. 1999: Mr. COMBEST and Mr. GREEN- H.R. 2602: Mr. GILCHREST. H.R. 1455: Mr. YOUNG of Florida. WOOD. H.R. 2605: Mr. POMEROY. H.R. 1483: Mr. HOKE, Mr. SCHAEFER, and Mr. H.R. 2013: Mr. McKEON. Mr. CALVERT, Mr. H.R. 2617: Mr. FISH and Mr. HERGER of Cali- KLUG. EVANS, and Mr. ROMERO-BARCELO. fornia. H.R. 1487: Mr. MICA, Mr. RAMSTAD, and H.R. 2014: Mr. KLUG, Mr. BATEMAN, Mr. H.R. 2638: Mr. ANDREWS of Maine and Mr. Mrs. FOWLER. SCHAEFER, Mr. DARDEN, and Mr. GORDON. MORAN. H.R. 1493: Mr. BATEMAN, Mr. YATES, and H.R. 2022: Mr. HOUGHTON and Mr. SUND- H.R. 2640: Mr. DELAY. Ms. FURSE. QUIST. H.R. 2641: Mr. LAROCCO, Mr. BACCHUS of H.R. 1505: Mr. PORTMAN, Mr. BLUTE, and H.R. 2023: Mr. HERGER of California and Mr. Florida, Mr. SANDERS, and Mr. DURBIN. Mr. Cox. EWING. H.R. 2646: Mr. BACHUS of Alabama, Mr. JA- H.R. 1516: Mr. SCHAEFER. H.R. 2032: Ms. FURSE and Mr. JEFFERSON. COBS, Mr. LINDER, Mr. RAMSTAD, Mr. SCHAE- H.R. 1538: Mr. MORAN. H.R. 2035: Mrs. MALONEY. FER, Mr. HOKE, Mr. ZIMMER, and Mr. GORDON. H.R. 1551: Mr. BURTON of Indiana, Mr. H.R. 2036: Mrs. MALONEY. H.R. 2649: Mr. RAMSTAD and Mr. HINCHEY. SMITH of Texas. Mr. MCCRERY, Mr. DORNAN. H.R. 2037: Mr. SCHAEFER. H.R. 2662: Mr. JEFFERSON, Mr. ENGEL, Mr. and Mr. EDWARDS of Texas. H.R. 2038: Mr. SCHAEFER. TUCKER, Mr. WASHINGTON, Mr. GUTIERREZ, H.R. 1552: Mr. LINDER, Mr. BACHUS of Ala- H.R. 2043: Mr. KENNEDY and Mr. ZIMMER. Mr. COYNE, Mr. CRAMER. Mr. UNDERWOOD, Mr. bama, Mr. BARCA of Wisconsin, Mr. DARDEN, H.R. 2059: Mr. BACHUS of Alabama. FALEOMAVAEGA, and Mr. WYNN. and Mr. GILCHREST. H.R. 2062: Mr. ACKERMAN and Ms. MOL- H.R. 2671: Mr. ZIMMER. H.R. 1555: Mr. BARCA of Wisconsin. INARI. H.R. 2676: Mr. FORD of Tennessee. H.R. 1571: Ms. MARGOLIES-MEZVINSKY. H.R. 2073: Mr. ZIMMER. H.R. 2705: Mr. HOKE. H.R. 1602: Mr. OLVER, Mr. MURPHY, Mr. H.R. 2088: A•r.CLYBURN, Mr. EDWARDS of H.R. 2721: Mr. JACOBS and Mr. ENGEL. LEWIS of Georgia, and Mr. ZELIFF. Texas, Mr. RAVENEL, and Mr. WELDON. H.R. 2728: Mr. DELLUMS, Mr. EVANS, and H.R. 1604: Mr. BACHUS of Alabama. H.R. 2132: Mr. HILLIARD. Mr. FISH. H.R. 1607: Mr. PALLONE. H.R. 2145: Mr. DEUTSCH and Mr. PASTOR. H.R. 2736: Mr. VENTO, Mr. TRAFICANT. MS. H.R. 1609: Mr. RICHARDSON. H.R. 2159: Mr. SMITH of New Jersey. NORTON, and Ms. VELAZQUEZ. H.R. 1620: Mr. KLUG. Mrs. VUCANOVICH. Mr. H.R. 2171: Mr. BROWN of Ohio and Mr. GIL- H.R. 2738: Mr. TOWNS. H.R. 2756: Mr. GORDON. GOODLATTE, Mr. LINDER, Mr. RAMSTAD, Mrs. MAN. FOWLER, Mr. BACHUS of Alabama. Mr. SCHAE- H.R. 2175: Mr. DOOLEY. H.R. 2759: Ms. FURSE. H.R. 2786: Mr. SLATTERY. FER. Mr. MICA, Mr. Cox. and Mr. JOHNSON of H.R. 2192: Mr. BACCHUS of Florida. H.R. 2787: Mr. VENTO. South Dakota. H.R. 2207: Mr. BARLOW, Mr. SMITH of Or- H.R. 2788: Mr. MARTINEZ. H.R. 1621: Mr. ZELIFF, Mr. ZIMMER, Mr. egon, Mr. OXLEY, Mr. MURPHY, Mr. CLEMENT, H.R. 2790: Mr. BISHOP and Mr. ENGEL. UPTON, Mr. JACOBS, Mr. PALLONE, and Mr. and Mr. BACHUS of Alabama. H.R. 2816: Mr. MILLER of Florida, Mr. PENNY. H.R. 2210: Mr. NADLER. CANADY. Mr. SMITH of New Jersey, and Mr. H.R. 1622: Mr. BATEMAN. H.R. 2219: Mr. BACIUS of Alabama. FISH. H.R. 1673: Mr. KLUG and Mr. PENNY. H.R. 2220: Mr. HERGER of California. H.R. 2826: Ms. KAPTUR. Mr. YATES, Mr. H.R. 1687: Mr. WALSH. H.R. 2229: Ms. WOOLSEY, Mr. ANDREWS of COBLE, Mr. FINGERHUT, Mr. INSLEE, Mr. WAX- H.R. 1703: Mr. GEJDENSON, Mr. GIBBONS, Maine, Mr. GONZALEZ, Mr. SABO, Ms. PELOSI, MAN, Mr. HOCHBRUECKNER, Mr. ROSE, Mr. JA- and Mr. FRANK of Massachusetts. Mr. NADLER, and Mr. MORAN. COBS, Mr. DIXON, Mr. FORD of Michigan, Mr. H.R. 1709: Mr. SMITH of Oregon. Mr. ROSE, H.R. 2238: Mrs. MALONEY. KENNEDY, Mr. TORRES, Mr. MURPHY, Mr. Mr. PACKARD, Mr. HILLIARD, Mr. TANNER, Mr. H.R. 2292: Mr. UPTON and Mr. KLEIN. LEVIN, Mr. JEFFERSON, Mr. SABO, Mr. SHAYS. OXLEY, Mr. MANTON. Mr. OWENS, Mr. GALLO, H.R. 2308: Mr. TUCKER and Ms. VELAZQUEZ, Mr. DURBIN, Mr. OLVER, Mr. SCHIFF, Mr. Mr. SKELTON, Mr. NEAL of North Carolina, H.R. 2319: Mr. BONILLA, Mr. DIAZ-BALART, MARKEY, Mr. HOLDEN, Mr. BILBRAY. Mr. AP- Mr. WELDON, Mr. PAXON, Mr. YOUNG of Alas- Mrs. FOWLER, Mr. FRANKS of New Jersey, Ms. PLEGATE, Mr. PETERSON of Florida, Mr. REED, ka, Mr. SMITH of New Jersey. Mr. BLILEY, FURSE, Mr. GRANDY, Mr. HOKE, Mr. KING, Mr. Mr. LEHMAN, Mr. SHEPHERD,, Mr. MATSUI, Mr. HUTCHINSON, Mr. DELAY, Mr. KNOLLENBERG, Mr. LEVY, Mr. MCCANDLESS, Mr. MILLER of California, Mr. RAVENEL, Mr. UNDERWOOD, Mr. FORD of Tennessee, Mr. BE- Mr. MCCOLLUM, Mr. MCDADE, Mr. PACKARD, THOMAS of Wyoming, Mr. BATEMAN, Mr. LAN- REUTER, Mr. GOODLING, Mrs. LLOYD, Mr. BILI- and Mr. PORTMAN. TOS, Mr. WALSH, Mr. KING, Mr. PICKETT, Mr. RAKIS, and Mr. ANDREWS of Maine. H.R. 2393: Mr. BACHUS of Alabama. HOAGLAND, Mr. EVANS, Ms. PRYCE of Ohio,, H.R. 1725: Mr. ZELIFF and Mr. KLUG. H.R. 2418: Mr. SMITH of Texas and Mr. Mr. TAYLOR of North Carolina, Mr. STARK, H.R. 1775: Ms. LAMBERT. FRANK of Massachusetts. Mr. JOHNSON of South Dakota, Mr. SWETT, H.R. 1785: Mr. ZELIFF, Mr. DOOLITTLE, Mr. H.R. 2427: Mr. WISE. Mr. BROWN of Ohio, Mr. REGULA, Mr. NADLER, KLUG, and Mr. SCHAEFER. H.R. 2429: Mr. GIBBONS, Ms. PRYCE of Ohio, Mr. DINGELL, Mr. KLEIN, Mr. SANDERS, Mr. H.R. 1793: Mrs. MEYERS of Kansas, Mr. Mr. TOWNS, and Mr. STOKES. HORN of California, Mr. LEVY, Mr. HOBSON, BISHOP, and Mr. GEJDENSON. H.R. 2434: Mr. PORTMAN and Mr. SCHAEFER. Mr. FAWELL, Mr. BLUTE, Mr. WOOLSEY, MS. H.R. 1808: Mr. DEFAZIO, Mr. PAYNE of New H.R. 2441: Mr. DELLUMS. MARGOLIES-MEZVINSKY, Mr. WATT, Mr. Jersey, and Mr. ENGEL. H.R. 2443: Mr. BROOKS, Mr. MCCURDY, Mr. SANTORUM, and Mr. CONDIT. H.R. 1809: Mr. DEFAZIO, Mr. PAYNE of New HUFFINGTON, Mr. HORN of California, Mr. H.R. 2835: Mrs. JOHNSON of Connecticut. Jersey, Mr. PORTER, and Mr. ENGEL. POMBO, Mr. COYNE, Mr. BEILENSON. Mr. CON- H.R. 2848: Mr. BAESLER, Mr. KNOLLENBERG. H.R. 1810: Mr. DEFAZIO, Mr. PAYNE of New YERS, Mr. ABERCROMBIE, Mr. EDWARDS of Mr. THOMAS of Wyoming, Ms. LAMBERT, and Jersey, and Mr. ENGEL. California, Mr. Cox, Ms. EDDIE BERNICE Mr. McDADE. H.R. 1815: Mr. McDADE, Mr. SANTORUM, Mr. JOHNSON of Texas, Ms. BYRNE, Mr. CONDIT. H.R. 2853: Mr. BAKER of California. CANADY, Mr. GINGRICH, Mr. MCMILLAN, and Mr. BECERRA, Mr. GORDON, Mr. SAXTON, Mr. H.R. 2873: Mr. JEFFERSON, Mr. CLYBURN, Mr. GOODLING. ORTIZ, Mr. DREIER, Mr. BLILEY, Mr. TORRES, Mr. DIAZ-BALART, and Mr. SWETT. H.R. 1852: Mr. BACHUS of Alabama and Mr. Mr. SMITH of Texas, Mr. TAYLOR of North H.R. 2886: Mr. FISH, Mr. WALKER, Mr. CHAP- Cox. Carolina, Mr. WHITTEN, Mr. MYERS of Indi- MAN, Mr. BARCA of Wisconsin, Mr. PACKARD, H.R. 1853: Mr. BACHUS of Alabama. ana, Mrs. SCHROEDER, Mr. DELAY, Mr. and Mr. QUINN. 32090 CONGRESSIONAL RECORD-HOUSE November 22, 1993 H.R. 2889: Mr. ABERCROMBIE, Mr. BARLOW, H.R. 3182: Mr. ZELIFF. H.R. 3458: Mr. HOEKSTRA, Mr. BALLENGER. Mr. BOUCHER. Mr. Cox, Mr. DICKEY, Mr. H.R. 3183: Mr. UPTON and Mr. MACHTLEY. Mr. JACOBS, and Mr. SANDERS. EVANS, Mr. EVERETT, Mr. FRANK of Massa- H.R. 3205: Ms. LAMBERT, Mr. WYNN, and Mr. H.R. 3470: Mr. KINGSTON. chusetts, Mr. GILLMOR, Mr. GORDON, Mr. SWETT. H.R. 3475: Mr. FRANK of Massachusetts, Mr. GENE GREEN of Texas, Mr. HINCHEY, Mr. H.R. 3206: Mr. SANDERS. DELLUMS, Mr. PALLONE, Mr. RAVENEL, Mr. HOLDEN, Mr. INSLEE, Mr. KILDEE, Mrs. H.R. 3222: Ms. ENGLISH of Arizona and Mr. MANTON, and Mr. BONIOR. MORELLA. Mr. PAYNE of Virginia, Mr. PETRI, CAMP. H.R. 3477: Ms. FURSE, Mr. RUSH, and Mr. Mr. POSHARD, Ms. SHEPHERD, Mr. H.R. 3224: Mr. DEUTSCH and Mr. TUCKER. SANDERS. SANGMEISTER, Mr. SUNDQUIST, and Mr. TAL- H.R. 3227: Mrs. MORELLA, Mr. SWETT, and H.R. 3480: Mr. GONZALEZ. Mr. CASTLE, Mr. ENT. Mr. MANZULLO. TEJEDA, Mr. SARPALIUS, Mrs. MEEK, Mr. H.R. 2898: Mr. NADLER. H.R. 3250: Mr. ARMEY. KLEIN, Mr. WALSH, Mr. HUTTO, Mr. CANADY, H.R. 2912: Mr. FRANK of Massachusetts, Mr. H.R. 3251: Mr. HERGER of California. and Mr. THORNTON. EDWARDS of California, Mrs. LLOYD, Mr. FOG- H.R. 3255: Mr. COMBEST. Mr. MCCRERY, Mr. H.R. 3483: Mr. SHAYS, Mr. HEFLEY, Mr. LIETTA, and Ms. FURSE. CRANE, Mr. POMBO, Mr. BOEHNER, Mr. ARMEY, HOEKSTRA, and Mr. ZELIFF. H.R. 2918: Mr. HOCHBRUECKNER, Mr. Mr. DOOLITTLE, Mr. DORNAN, Mr. SAM JOHN- H.R. 3488: Mr. WELDON, Mr. KIM, Mr. SOLO- KOPETSKI, Mr. SANGMEISTER, Ms. MCKINNEY, SON. and Mr. DELAY. MON, and Mr. GILLMOR. Mr. GENE GREEN of Texas, Mr. ROMERO- H.R. 3256: Mr. LANCASTER, and Mr. GENE H.R. 3490: Mr. JOHNSON of South Dakota, BARCELO, Mr. JOHNSON of South Dakota, and GREEN Of Texas. Mr. LIGHTFOOT, Mr. MODADE. and Mr. WHIT- Mrs. MEEK. H.R. 3266: Mr. LAZIO, Mr. SAXTON, Ms. TEN. H.R. 2923: Ms. VELAZQUEZ. MARGOLIES-MEZVINSKY, Mr. GINGRICH, Mr. H.R. 3492: Mr. HYDE, Mr. SMITH of Texas, H.R. 2933: Mr. YATES, Mr. FROST, Mr. WALKER, Mr. DELAY, Mr. MCMILLAN, Mr. AL- Mr. DIXON, Mr. OWENS, Mr. GENE GREEN of FRANK of Massachusetts, and Mrs. MINK. LARD, Mr. BARRETT of Nebraska, Mr. CAMP. Texas, Mr. WYNN, Mr. HINCHEY, and Mr. H.R. 2957: Mr. CASTLE, Mr. ZELIFF, and Mr. Mr. CUNNINGHAM, Mr. GILCHREST, Mr. HOB- MCCOLLUM. BACHUS of Alabama. SON, Mr. SAM JOHNSON, Mr. KLUG, Mr. H.R. 3495: Mr. TRAFICANT and Mr. FRANK of H.R. 2962: Ms. WOOLSEY. NUSSLE, Mr. SANTORUM, Mr. TAYLOR of North Massachusetts. H.R. 2980: Mr. MARTINEZ, Mr. KOPETSKI, Carolina, Mr. GRANDY, Mr. RAVENEL, Mr. H.R. 3497: Mr. DORNAN. and Ms. PELOSI. SMITH of Texas, Mr. UPTON, Mr. BALLENGER, H.R. 3498: Mr. TOWNS and Mrs. MINK. H.R. 3005: Mr. ARMEY and Mr. HERGER of Mr. BARTON of Texas, Mr. COBLE, Mr. LIGHT- H.R. 3500: Mr. MYERS of Indiana. California. FOOT, Mr. MYERS of Indiana, Mr. HANCOCK, H.R. 3519: Mr. HOCHBRUECKNER, Mr. LIPIN- H.R. 3017: Mr. GINGRICH. Ms. MOLINARI, MS. ROS-LEHTINEN, Mr. HUN- SKI, Mr. HANSEN, Mr. BARCA of Wisconsin, H.R. 3025: Ms. PELOSI, Mr. LEWIS of Geor- TER, Mr. MCCOLLUM, Mr. DREIER, Mr. and Mr. REGULA. gia, Ms. SLAUGHTER, and Mr. ROMERO- MCCANDLESS, Mr. LIVINGSTON, Mrs. VUCANO- H.R. 3546: Mr. SOLOMON, Mr. BARLOW, Mr. BARCELO. VICH, Mr. WALSH, Mr. LEWIS of California, VOLKMER, and Mr. BLUTE. H.R. 3026: Mr. WAXMAN, Mr. MCDERMOTT, Mrs. THURMAN, Mr. DICKEY, Mr. SHUSTER, H.R. 3548: Mr. GOODLATTE. and Mr. Ms. PELOSI, Mr. ROMERO-BARCELO, Mr. KOLBE, and Mr. BLILEY. H.R. 3552: Mr. PORTER. WYNN. H.R. 3283: Mr. SANGMEISTER. H.R. 3567: Mr. YATES. H.R. 3030: Mr. HERGER of California. H.R. 3031:Mr. HERGER of California. H.R. 3293: Mr. GENE GREEN of Texas and H.R. 3611: Mr. EDWARDS of California. Mr. HASTINGS. H.J. Res. 129: Mr. GILCHREST. H.R. 3039: Mr. McKEON. H.R. 3041: Mr. WYNN. H.R. 3294: Mr. SANDERS. H.J. Res. 133: Mr. CLYBURN. 175: Mr. BROWN of Ohio, Mr. H.R. 3059: Mr. FROST, Mr. HUGHES, and Mr. H.R. 3296: Mr. FRANK of Massachusetts, Mr. H.J. Res. NADLER. OLVER, Mrs. KENNELLY, Mr. ANDREWS of WATT, and Ms. MARGOLIES-MEZVINSKY. H.R. 3065: Mr. PICKETT, Mr. PAYNE of Vir- Maine. Mr. HINCHEY. MS. DELAURO, and Mr. H.J. Res. 209: Mr. HOYER and Mr. SMITH of ginia, Mr. HANCOCK. Mr. PARKER. Mr. SWETT. New Jersey. LAUGHLIN, Mr. EMERSON, Mr. ROWLAND, Mr. H.R. 3328: Mr. TRAFICANT, Mr. MCINNIS, Mr. H.J. Res. 229: Mr. DOOLITTLE, Mr. EWING. HALL of Texas, Mr. STUMP, Mrs. BENTLEY, WELDON. Mr. BREWSTER, Mr. LEWIS of Flor- Mr. HASTERT, and Mr. SOLOMON. Mr. ROBERTS, Mr. MYERS of Indiana, Mr. ida, and Mr. DORNAN. H.J. Res. 234: Mr. HOYER. HOBSON, Mr. BALLENGER. Mr. COBLE, Mr. H.R. 3342: Ms. FURSE. H.J. Res. 246: Mr. DE LUGO, Mr. DIAZ- SPENCE, Mr. BAKER of California, Mr. H.R. 3349: Mr. HALL of Ohio, Mr. TRAFI- BALART, MS. DUNN. Mr. MOLLOHAN, Mr. GALLEGLY, Mr. ZELIFF, Mr. MCCOLLUM, Mr. CANT, Mr. SAWYER, and Ms. KAPTUR. PAYNE Of New Jersey, Mr. RICHARDSON, Mr. ISTOOK, Mr. BLILEY, Mr. HERGER of Califor- H.R. 3357: Mr. GENE GREEN of Texas and SCOTT, Mr. TANNER, Mr. VALENTINE, Mr. nia, Mr. ARMEY, Mr. SKEEN. Mr. DELAY. Mr. Mr. BEILENSON. VOLKMER, and Mr. WATT. LINDER, Mr. GINGRICH, Mr. ROHRABACHER, H.R. 3359: Mr. ARMEY. H.J. Res. 252: Mr. ACKERMAN, Mr. ANDREWS Mr. WOLF, Mr. RAMSTAD, Mr. KASICH, Mr. H.R. 3363: Mr. VALENTINE and Mr. of New Jersey, Mr. ARCHER, Mr. BACCHUS of CAMP, Mr. HUNTER, Mr. LIGHTFOOT, Mr. QUIL- GILCHREST. Florida, Mr. BAESLER, Mr. BALLENGER, Mr. LEN, Mr. KOLBE, Mr. HOUGHTON, and Mr. AL- H.R. 3364: Mr. RANGEL, Mr. WATT, and Mr. BARCA of Wisconsin, Mr. BARCIA of Michigan, LARD. SERRANO. Mr. BATEMAN, Mr. BEVILL, Mr. BILIRAKIS, Mr. H.R. 3075: Ms. MARGOLIES-MEZVINSKY, Mr. H.R. 3365: Mr. ANDREWS of Maine and Mr. BISHOP, Mr. BLACKWELL, Mr. BLUTE, Mr. SAWYER, and Mr. GEJDENSON. WAXMAN. BONIOR, Mr. BORSKI, Ms. BYRNE, Mr. BROWN H.R. 3080: Mr. STEARNS, Mr. ZIMMER, and H.R. 3366: Ms. FURSE. of California, Mr. BUYER, Mr. CALLAHAN, Mr. Mr. ROGERS. H.R. 3367: Mr. SANTORUM. CALVERT, Mr. CARR, Mr. CLAY, Mrs. CLAYTON, H.R. 3086: Mr. PORTMAN, Mr. DOOLITTLE, H.R. 3372: Mr. DOOLEY, Mr. HEFNER, Mrs. Mr. CLEMENT, Mr. CLINGER, Miss COLLINS of Mr. RAMSTAD, Mr. LINDER, Mr. SCHAEFER, THURMAN, Miss COLLINS of Michigan, Mr. Michigan, Mr. CONYERS, Mr. COPPERSMITH, Mr. SCHIFF, Mr. HERGER of California, Mr. LAUGHLIN, Mr. VOLKMER, Mr. GEJDENSON, Mr. Mr. COYNE, Mr. CRAMER, Mr. EDWARDS of Cox, and Mr. HOKE. SCHIFF, Ms. SLAUGHTER, Mr. LEVIN, Mr. Texas, Mr. DARDEN, Mr. DEUTSCH, Ms. H.R. 3087: Ms. ESHoO, Ms. PURSE, and Mr. HUGHES, Mr. BORSKI. Mr. HOAGLAND, Mr. DELAURO, Mr. DE LUGO, Mr. DICKEY, Mr. DIXON. HYDE, Mr. DINGELL, Mr. SKEEN, Mr. MYERS of DICKS, Mr. DOOLITTLE, Mr. DUNCAN, Mr. H.R. 3088: Mr. WYNN and Mr. BARCA of Wis- Indiana, Mr. LIVINGSTON, Mr. RAVENEL, Mr. ENGEL, Mr. EVANS, Mr. FALEOMAVAEGA, Mr. consin. VALENTINE, and Mrs. MEYERS of Kansas. FAWELL, Mr. FIELDS of Louisiana, Mr. H.R. 3097: Ms. SHEPHERD. H.R. 3373: Ms. FURSE and Mr. NADLER. FINGERHUT, Mr. FISH, Mr. FROST, Ms. FURSE, H.R. 3102: Mr. BARRETT of Nebraska, Mr. H.R. 3374: Ms. FURSE. Mr. GALLEGLY, Mr. GEKAS, Mr. PETE GEREN BEILENSON, MR. BREWSTER, MR. CANADY, MR. H.R. 3392: Mr. JOHNSON of Georgia. Mr. of Texas. Mr. GILMAN, Mr. GENE GREEN of CHAPMAN, MR. COLLINS Of Georgia, Mr. FA- COLEMAN, Mr. STENHOLM, Mr. THOMAS of Wy- Texas, Mr. GREENWOOD, Mr. GORDON, Mr. WELL, Mr. FIELDS of Texas, Mr. FISH, Mr. oming, and Mr. PETE GEREN of Texas. GUTIERREZ, Mr. HANSEN, Mr. HEFNER, Mr. GEJDENSON, Mr. GINGRICH. Mr. GUNDERSON, H.R. 3398: Mr. PORTER, Mr. LIPINSKI, and HINCHEY, Mr. HILLIARD, Mr. HOBSON, Mr. Mr. KNOLLENBERG, Mr. SCHAEFER, Mr. Mr. MILLER of California. HOAGLAND, Mr. HOCHBRUECKNER, Mr. HOLDEN, STUMP, and Mr. SWETT. H.R. 3404: Mr. SANDERS. Mr. HUTTO, Mr. HYDE, Mr. INHOFE, Mr. H.R. 3109: Mr. SANDERS. H.R. 3421: Mr. ARMEY and Mr. HERGER of INSLEE, Mr. JACOBS, Ms. EDDIE BERNICE H.R. 3125: Mr. ROYCE and Mr. BARCA of Wis- California. JOHNSON of Texas, Mr. JOHNSON of South Da- consin. H.R. 3429: Mr. KING. kota, Mr. KANJORSKI, Mr. KASICH, Mr. KEN- H.R. 3128: Mr. COPPERSMITH and Ms. H.R. 3434: Mr. CONYERS, Mr. JACOBS, Mr. NEDY, Mr. KILDEE, Mr. KING, Mr. KLEIN, Mr. PELOSI. JEFFERSON, and Mr. NADLER. KNOLLENBERG, Mr. KOPETSKI, Mr. KREIDLER, H.R. 3163: Mr. DARDEN, Mr. WYNN, Mr. H.R. 3440: Mr. DEUTSCH. Mr. LAFALCE, Mr. LANCASTER, Mr. LANTOS, ZELIFF, Mr. LAUGHLIN, Mr. BARCIA of Michi- H.R. 3442: Mr. HERGER of California. Mr. LEACH, Mr. LEVIN, Mr. LEVY, Mr. LIVING- gan, and Mr. ZIMMER. H.R. 3446: Mr. ISTOOK. STON, Mr. MCDERMOTT, Mr. MCINNIS, Mr. November 22, 1993 (:ONGRESSIONAL RECORD-HOUSE 32091 MCNULTY, Mrs. MALONEY, Mr. MANTON, Mr. H. Con. Res. 107: Mr. WYNN. Mr. TORRICELLI, Mr. UNDERWOOD, Mr. MARKEY, Mr. MARTINEZ, Mr. MATSUI, Mr. H. Con. Res. 110: Ms. FURSE, Ms. PELOSI, HILLIARD, Mr. JACOBS, Mr. SMITH of Texas, MEEHAN, Mrs. MEEK, Mrs. MEYERS of Kansas, and Mr. BARCA of Wisconsin. Mr. DE LUGO, Mr. JEFFERSON, Mr. JOHNSON of Mrs. MINK, Mr. MONTGOMERY, Mr. MOAKLEY, H. Con. Res. 126: Mr. NADLER. Georgia, Mr. MCCOLLUM, Mr. RAMSTAD, Mr. Mr. MENENDEZ, Mr. MINGE, Mr. MORAN, Mr. H. Con. Res. 138: Ms. DELAURO. Mrs. MEEK, FRANKS of Connecticut, Mr. SAXON, Mr. MOORHEAD, Mrs. MORELLA, Mr. MURPHY, Mr. Mr. TEJEDA, Mr. EVANS, Mr. BARRETT of Wis- GOODLATTE, Mr. STENHOLM, Mr. SERRANO, MURTHA, Mr. NADLER, Mr. NATCHER, Mr. consin, Mr. FARR, and Mr. BARCA of Wiscon- Mr. VOLKMER, Mrs. CLAYTON, Mr. WYNN, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. sin. DARDEN, Mr. MFUME, Mr. DIAZ-BALART, and OBERSTAR, Mr. OBEY, Mr. OWENS. Mr. H. Con. Res. 141: Mr. GILLMOR and Mr. Mr. GIBBONS. PALLONE, Mr. PARKER, Mr. PAYNE of Vir- BATEMAN. H. Res. 237: Mr. BAKER of California, Mr. ginia, Ms. PELOSI, Mr. PETERSON of Florida, H. Con. Res. 154: Mr. SCHIFF. SHAW, and Mr. WELDON. Mr. PORTER, Mr. POMEROY, Mr. POSHARD, Mr. H. Con. Res. 159: Mr. SMITH of New Jersey H. Res. 239: Mr. HERGER of California. PRICE of North Carolina, Mr. QUINN. Mr. and Mr. TORKILDSEN. H. Res. 255: Mr. BOEHNER, Mr. JACOBS, Ms. RAVENEL, Mr. REED, Mr. REGULA, Mr. REYN- H. Con. Res. 166: Mr. SERRANO and Mr. PRYCE of Ohio, and Mr. MILLER of Florida. Mr. MARTINEZ. OLDS, Mr. ROEMER, Ms. ROYBAL-ALLARD, H. Res. 266: Mr. ZIMMER. Mr. SAWYER, Mr. SCHAEFER, Mr. H. Con. Res. 176: Ms. MARGOLIES- SABO, H. Res. 277: Mr. BURTON of Indiana. SCHIFF, Mr. SERRANO, Mr. SHAYS, Mr. SKEEN, MEZVINSKY. H. Res. 281; Mr. REGULA, Mr. TRAFICANT, Mr. SLATTERY, Mr. SMITH of Texas, Mr. H. Con. Res. 177: Mr. PORTER and Ms. Mr. PETERSON of Florida, Mr. NUSSLE, Mr. SPENCE, Mr. SPRATT, Mr. STARK, Mr. TAN- FURSE. HEFNER, Mr. MICHEL, Mr. GRANDY, Mr. NER, Mr. TAUZIN, Mr. TAYLOR Of North Caro- H. Con. Res. 185: Mr. CASTLE and Mr. BATE- lina, Mr. TRAFICANT, Mr. TUCKER, Mr. VAL- MAN. MCINNIS, Mr. BEREUTER, Mr. SKELTON, Mr. ENTINE, Ms. VELAZQUEZ, Mr. VOLKMER, Mr. H. Res. 165: Mr. BROWDER, Mr. CALLAHAN, WHITTEN, Mr. MURTHA, Mr. VOLKMER, Mr. WALSH, Mr. WAXMAN, Mr. WOLF, Ms. WOOL- Ms. DUNN, and Ms. LONG. PETRI, Mr. COOPER, Mr. YOUNG of Florida, SEY, Mr. WYNN, Mr. YOUNG of Alaska, and H. Res. 166: Ms. SLAUGHTER and Mr. BOR- Mr. HOKE, Mr. BORSKI, Mr. HOBSON, and Mr. Mr. MCCOLLUM. SKI. TAUZIN. H.J. Res. 253: Mr. FISH, Mr. JOHNSON of H. Res. 236: Mr. COPPERSMITH, Mr. STUMP, H. Res. 323: Mr. GILMAN and Mr. South Dakota, and Mr. VALENTINE. Mr. HANSEN. Mr. DE LA GARZA. Mr. WALSH, TORRICELLI. H.J. Res. 285: Mr. LIPINSKI, Mr. DEUTSCH, Mr. PASTOR, Mr. OBERSTAR, Mrs. FOWLER, Ms. FURSE, Mr. MARTINEZ, and Mr. WALSH. Mr. BUNNING, Mr. KASICH, Mr. JOHNSON of H. Con. Res. 20: Mr. GEJDENSON and Mr. South Dakota, Ms. PRYCE of Ohio, Mr. BAR- WAXMAN. Mr. LOW, Mr. DEUTSCH, Ms. BYRNE, DELETIONS OF SPONSORS FROM H. Con. Res. 49: Mr. FRANK Of Massachu- FALEOMAVAEGA, Mr. SPENCE, Mr. MOORHEAD, setts. Mr. POMEROY, Mr. NUSSLE, Mr. BAKER of PUBLIC BILLS AND RESOLUTIONS H. Con. Res. 52: Mr. NEAL of Massachusetts. Mr. CALLAHAN, H. Con. Res. 61: Mr. LANTOS, Mr. CONYERS, California, Mr. SLATTERY, Under clause 4 of rule XXII, sponsors Mr. EVANS, Mr. BORSKI, MS. NORTON. Mr. Mr. MANN, Mr. YATES, Mr. MENENDEZ, Mr. were deleted from public bills and reso- of Ohio, Mr. COLLINS of HINCHEY, Mr. NADLER, and Mr. OILMAN. DICKEY, Mr. HALL lutions as follows: Georgia, Mr. HYDE, Mr. CASTLE, Mr. SWETT, H. Con. Res. 91: Mr. APPLEGATE, Mr. VOLK- H.R. 7: Mrs. MALONEY. SISISKY, Mr. DICKS, Mr. Mr. MORAN, Mr. ARCHER, Mr. RAHALL, Mr. MER, Mr. MFUME, Mr. H.R. 526: Mr. MFUME. TAYLOR of Mississippi. Mr. MURPHY, Mr. TAYLOR of North Carolina, Mr. HUTCHINSON, H.R. 634: Mr. GORDON. STENHOLM, Mr. NADLER, Mr. COSTELLO, Mr. Mr. MONTGOMERY, Mr. HUNTER, Mr. SUND- H.R. 937: Mr. GORDON. BEREUTER, Mr. CASTLE, Mr. GINGRICH. Mr. QUIST, Mr. SOLOMON, Mr. MICHEL, Mr. GON- H.R. 1078: Mr. GORDON. GOSS, Mr. GRAMS, Mr. KIM. Mr. MCDADE, Mr. ZALEZ, Mrs. MEEK, Mr. COOPER, Mr. KILDEE, WHEAT, Mr. JOHNSON of Georgia, Mrs. MEY- Mr. SCHAEFER, Mr. MCDADE, Ms. BROWN of H.R. 1151: Mr. MFUME. ERS of Kansas, Mr. MICHEL, Mr. POMBO, Mr. Florida, Mr. REYNOLDS, Mr. SKEEN, Mr. H.R. 1200: Mr. MFUME. SCHIFF, Mr. SKEEN, Mr. SMITH of Oregon, Mr. THOMAS of Wyoming, Mr. VALENTINE, Mr. H.R. 1246: Mr. MACHTLEY. TAYLOR Of North Carolina, Mr. WALKER. Mr. BISIIOP, Mr. HUTTO, Mr. BATEMAN, Mr. ROB- H.R. 1296: Mr. GORDON and Mr. MFUME. ARCHER, Mr. STUPAK, and Mrs. MORELLA. ERTS, Mr. EMERSON, Mr. LIPINSKI, Mr. GREEN- H.R. 1699: Mr. MFUME. H. Con. Res. 98: Mr. BLUTE, Mr. TRAFICANT, WOOD, Mr. SYNAR, Mr. BILIRAKIS, Mr. PETE H.R. 1705: Mr. FINGERHUT. and Mr. HALL of Texas. GEREN of Texas, Mr. SMITH of New Jersey, H.R. 3457: Mr. HANCOCK. 32092 EXTENSIONS OF REMARKS November 22, 1993 EXTENSIONS OF REMARKS

THE FORGOTTEN FLEET OF It was not even an engineer, but a scholar and into the heart of the Philippines and WORLD WAR II-COAST GUARD- with a ready hand for tools, who devised the Borneo. The story of his Amphibious Force is MANNED GUNBOATS IN THE PA- unique propulsion gear of the Alligator, the history of the Seventh Fleet. Noyes Collinson, house guest and lifelong The problems of amphibious warfare were CIFIC friend of Roebling. With tape, cardboard, known to Barbey from his Atlantic days, but rubber bands, and an oblong wooden cream- as this whole conception of warfare was new, HON. ROBERT K.DORNAN cheese box he built a model whose caterpil- rough, original ideas had to be painfully pol- OF CALIFORNIA lar track was equipped with rubber flanges ished up by trial and error methods. of IN THE HOUSE OF REPRESENTATIVES that would serve as elongated paddle wheels Without ships, however, the problems in water, on land as treads pliant to rocks or amphibious warfare were academic, so Admi- Monday, November 22, 1993 logs, and as self-cleansing grips in mud or ral Barbey with Brisbane as his base of oper- Mr. DORNAN. Mr. Speaker, I insert today in quicksand. The first embryo Alligator trium- ations, went out in search of shipping. Pick- the RECORD the inspiring story of Coast phantly traversed the Roebling swimming ings were lean, to put it mildly, for other theaters of war had a priority Guard-manned gunboats serving as part of pool, climbed its tiled edge and proceeded to on things that floated, but enough was scraped together for the Navy's Seventh Fleet. These combat give birth to a huge family of hybrid me- chanical saurians at home in surf or jungle. a beginning. Coast Guardsmen were called the Seventh Into their evolution went the landing The Henry T. Allen, formerly the liner Amphibious Force under the command of ramp, experimented with by our Navy and President Jefferson converted into an attack Adm. Daniel E. Barbey and came to be known Marine Corps and used by the Japanese on transport (APA), was acquired from the as MacArthur's Navy. shallow-draft small boats employed in the South Pacific in March 1943, for troop train- Please take a moment to read about the ex- invasion of the East Indies, and the half- ing. The Australian Government kicked in ploits of these brave Coast Guardsmen who keeled invasion ships experimentally built with three former passenger ships previously continue to serve our Nation today as brave by the British from Admiral Lord Keye's de- used as merchant cruisers. These, Westralia, Manoora, and Kanimbla, were converted into warriors of the sea. signs. Marine Corps and Navy expert contrib- uted new ideas, or demands for performance Landing Ships, Infantry (LSIs), the British [From Sea Classics. September 1993] which inspired new ideas, and in the midst of equivalent of our APAs, and were put to im- ASSAULT AGAINST NEW GUINEA it all came General MacArthur's request for mediate use. These four ships formed the (By Frank A. Manson) an amphibious admiral. The obvious man for slim beginnings of the Seventh Amphibious On a bright summer day in 1942, a weird the assignment was Dan Barbey, who not Force and were to serve with that force until and wonderful mechanical contrivance rum- only had worked on the construction of the the end of the war. bled down 14th Street in Washington. It was new fleet, but had also assisted in training At Port Stephens, north of Sydney, The indeed a hybrid thing, with the body of a the 1st Marine Division (later to land at Royal Australian Navy had an amphibious barge and the wheel tracks of a tank. It be- Guadalcanal) and the 1st Army Division training base known appropriately as HMAS haved like an automobile, besides, when it (used in the North African invasion) in the Assault. The facilities were offered to Admi- came to traffic lights and stop signs. After techniques of amphibious warfare. ral Barbey, who immediately set up the Am- crossing the Potomac, the nightmare thing On 15 December 1942, Barbey was nomi- phibious Training Command for the purpose slid into a lake with the nonchalance of a nated a rear admiral and ordered to Aus- of accustoming Australian and American sol- duck. Immediately, a man on the shore tralia, as Commander Amphibious Force diers to flying spray and bouncing boats. began to scream wildly and wave his hands Southwest Pacific. At the time Admiral The Amphibious Forces were ready for at the "thing." When the ugly monster Barbey had only a paper fleet but it was to their first show in June 1943. The objectives emerged from the water, all the occupants grow into the mighty Seventh Amphibious were two islands in the western Solomon Sea were put under arrest for invading a wild wa- Force, which as part of the Seventh Fleet, off the coast of New Guinea-Woodlark and terfowl sanctuary. was to take part in 56 amphibious landings, Kiriwina. This was the first recorded action taken move more than a million men over the Admiral Barbey's flagship was the USS against an amphibious vehicle. Eastern seas, and transport cities of supplies Rigel, a repair ship. The Rigel was so small One of the occupants was a Navy captain to the malaria-ridden jungles of New Guinea that there were bunks for only a fraction of named Daniel E. Barbey, who held the and to the shores of the liberated Phil- the Admiral's staff, and consequently the unique post of head of the Navy's Amphib- ippines. wardroom-the officers' dining room, recre- ious Warfare Section, thus placing himself The Seventh Fleet was a far cry from the ation room, and library-became office, well on the road to acquiring the nickname type of fleet that was later to pound a path wardroom, or sleeping quarters according to "Uncle Dan, the Amphibious Man." across the Central Pacific. Lacking were the the greatest need at the time, Off to Milne When the Japanese dropped the first bomb large heavy units that men think of as tradi- Bay she wallowed with an overload of hu- on Pearl Harbor, amphibious warfare had not tionally belonging to a fleet. There were no manity to prepare for the first operation. progressed much since the British went battleships, no aircraft carriers, and only a The Kiriwina invasion force was to stage, as ashore in small boats from warships during few cruisers, some of them Australian. True, best it could, out of Milne Bay; the Woodlark the Battle of New Orleans. With the conven- these larger units were to be added in the fu- force used the better facilities of Townsville, ient use of pierheads denied to us by the ture, but there were many long miles of New Australia, for its preparation. enemy in this war, it was necessary to devise Guinea coast to mop up before the mighty On 30 June 1943, while amphibious forces of some method of getting troops and heavy landings in the Philippines saw the Seventh Admiral Halsey's South Pacific Command equipment ashore and on the beaches. Fleet full-blown and strong enough to com- were going ashore on Rendova and New Geor- One of the prototypes of the strange new bat the remains of the Japanese Navy. gia, Admiral Barbey's hybrid fleet ground family of ships, boats, and small craft that When men of the Pacific spoke of "Mac- their virgin noses and keels on the sand and were to confuse even naval officers with Arthur's Navy" they meant the Seventh coral of Woodlark and Kiriwina. To some the their alphabetical designations was the "Al- Fleet. This was true from both an oper- instant plethora of mishaps and confusion ligator." It was in an Alligator that Barbey ational and an administrative standpoint. seemed almost like something taken from a got into trouble with one of Secretary Icke's The primary function of the fleet was the Mack Sennet comedy film. The invasion bird watchers. support of land operations, and because of fleet itself was a motley mix of begged, bor- The Alligator was an invention of Donald this the core of the fleet became the Amphib- rowed and some claimed stolen vessels of Roebling, of the world-famous family of ious Forces. every description. Few of the ships had bridge builders. It was not conceived to be a Admiral Barbey arrived in Australia in worked as a team before, crews had been naval craft, but as a carrier of cargoes and January 1943, The organization he proceeded hastily assembled or transferred. Many hunting parties through the weedy, forthwith to create was destined, except for aboard the new landing craft lacked suffi- sandbarred, log-snagged Florida bays and two occasions, to lead all the major com- cient seagoing experience and officers with swamps. Something that could travel over bined landing operations of our sweaty ad- any amphibious operational skills were at a any mixture of land and water. vance along the jungled coast of New Guinea precious premium.

* 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. November 22, 1993 EXTENSIONS OF REMARKS 32093 Barbey's "borrowed" fleet came from a Douglas Bay. But Masters was just as dead Seventh Amphibious Force was ready for the multitude of sources, all hastily assembled. as any of the thousands who died in the big Japanese. The picked point of contact was on In addition to the loaned Australian liners it fleet engagements, his ten shipmates fought the rugged Huon Peninsula, 14 miles east of consisted of four old flush-deck destroyers as gallantly against odds, and the small vic- Lae. Here it was planned to put the 9th Aus- that had been converted to small assault tory left some thousands of Japs short of tralian Division ashore for a drive as the transports (APDs). These had been wrestled food, ammunition, and medical supplies. A Japanese stronghold, 14 miles through man- from Halsey's Third Fleet along with six two-bit contribution to a ten-billion-dollar grove forest and other stinking, miry river LSTs. Eleven other LSTs had newly arrived victory, maybe, but the one example of what deltas. Of the 56,000 enemy troops estimated from the states. These were jointed by 20 the PT boys' chore was, night after night, to be in New Guinea, 12,000 were believed to LOCs, 20 LCTs, ten SC patrol boats, four YMS along the New Guinea coast. be in the Lae-Salamaua area. mine-sweepers and a civilian-manned salvage BATTLE OF THE BISMARCK SEA The Lae Task Force formed up in the tug. Offensive Reconnaissance was provided By the end of January the Australian Milne Bay area and headed up the coast. by submarines and PT boats patrolling the 7th Division, after slugging its way across the Before dawn on 4 September, the destroyer northern end of Solomon Sea. Conyngham eased in toward the dark low The absence of any Japanese opposition to Owen Stanley Mountains, and the US 32nd Division had mopped up the last Jap in the coast. The mountains that rise abruptly the practice landings helped to keep the from the flat, wooded coastal plain could not tragicomedy from becoming a major disas- Buna-Sanananda area, and began pushing slowly up the fever-haunted coast. be seen in the darkness. Landing beaches ter. With many of the new landing craft were hard to identify. Aboard the Conyngham snagged on jagged coral reefs or with props The Japanese had no choice but to rein- force the Lae-Salamaua area with troops Admiral Barbey studied a chart with an Aus- damaged by uncharted rocks much of the tralian naval lieutenant, who before the war equipment had to be torturously unloaded by from their great base at Rabaul on New Britian. On the last day of February a con- had been part owner of a plantation near the hand fifty to a hundred feet from the beach. beach area. Before sunrise the two sandy But despite the initial confusion the land- voy of six transports, ranging from 2,700 to 6,900 tons, two small freighters of about 500 strips had been found, and the APDs, LSTs, ings proceeded and allowed the Army to soon and LCIs were drawn up ready to empty their carve out vitally needed airstrips on the two tons apiece, set out across the Bismarck Sea escorted by eight destroyers. On the evening troops. islands. For almost three weeks prior to the Lae The landings at Kiriwina and Woodlark of the next day, 1 March 1943, the convoy was operation Allied planes hammered at the en- were a good drill for Barbey's neophyte Sev- sighted by a patrolling B-24. Word was emy's airfields in Wewak, Hansa Bay, enth Amphibious Force. Lessons learned flashed back to headquarters at Port Alexishafen, and Madang. At Wewak, alone, there would hold them in good stead for the Moresby, but it was too late to strike that over 200 planes were destroyed on the ground tough, often harrowing landings yet to come. day. and 64 in the air by American and Anzac Meanwhile, the boys manning the PTs of All that night the convoy was shadowed by Army fliers. Japanese air support was pushed the Seventh Fleet felt that their kin across the Navy's "Black Cats," black-bodied Cat- back 300 miles to Hollandia. the way in the Solomons were having all the alina Flying Boats whose night patrols be- fun. They had big game targets like Japa- came famous throughout the South Pacific. The morning of the landing, however, there was still grave danger of air attack from Ra- nese cruisers and destroyers charging down The Navy fliers kept Port Moresby informed baul. The destroyer Reid took position off the slot, whereas in New Guinea the hunting of the ships' course and speed. The next was mainly elusive enemy motor barges that morning dawned clear and the bombers came Cape Cretin to sweep the eastern horizon with radar and to direct our fighters were impossible to torpedo and difficult as back for the kill, guided by the Black Cats' to enemy planes that might head from that di- corks to sink. over-the-spot directions. The convoy was The first PT boats moved into the New now only 60 miles east of its destination, rection. Guinea area in December 1942. more than six Salamaua, but it was never to arrive there. As the first waves of boats started in from months before the Seventh Amphibious Throughout the day Allied fighters and the APDs, the destroyers Lamson and Flusser Force made its amateurish bow in the empty bombers shuttled over the Owen Stanley began to rake Yellow Beach with 5-inch fire theater of Woodlark and Kiriwina. The be- Mountains between Port Moresby and the while Perkins, Smith and Mahan gave Red ginnings were small, only six boats and a convoy-Beaufighters, Flying Fortresses, Beach the same treatment. But, the enemy tender, the converted yacht Hilo. Havocs, Mitchells. Lightnings, Kittyhawks, made no response. Commander Edgar T. Neale's chief problem Airacobras-gassing up, rearming, and dump- But if the Japs were not on hand to greet as commander of motor torpedo boats in the ing death and destruction. At one time there us from the shore, he was quick to leap on us Southwest Pacific area was to cut off sup- were more than 109 planes over the convoy, from the air. At 0705. little over half an hour plies for the Japanese advanced forces, which or what was left of it by then. By nightfall after the first boat had snubbed its nose on were shipped down the coast on 80-foot- only four destroyers and two cargo ships the beach, seven Mitsubishi bombers and armed wooden power barges. It was a gun- were reported to be afloat, and both cargo three Zeros came diving down from the boat war, and a night war, the adversaries ships were burning. mountains, undetectable by radar. hiding in jungle-screened bays by day. One of To finish the work of the bombers eight At that time the LCI 339 was approaching the greatest dangers, besides the intense re- PTs were sent out that night, and two of the beach, dropping her stern anchor and in turn fire from the barges, was uncharted them, the 143 and 150, polished off the only no position to maneuver. A shout of warning. reefs. Japanese ship of the convoy left afloat. The a few seconds to swing the AA guns on the The first major action against enemy surviving destroyers had fled. target, and then three Zeros ripped her bow barges took place the night of 17 January The now-famous Battle of the Bismarck to stern with their bullets. 1943. The PT 120 was on the prowl near Doug- Sea was over and the Japanese had lost all of Close behind came the bombers. Two las Harbor when, across the calm water, she the eight ships in convoy, four of the escort- "paint-scrapers" exploded in the water to saw three Japanese barges heading south, as ing destroyers, and the special service vessel. port and to starboard, staggering the little usual hugging the coast. Immediately, the Loss of life was high among the troops of the ship and then, in a perfect bracket, a third PT went to full speed and headed in, all guns 51st Japanese Division. About 2,900 men were bomb bore into the deck amidships, blasting blazing. Simultaneously, the barges opened drowned. Japanese destroyers and sub- a jagged hole seven feet across. buckling up with machine guns and 20mms, the long marines picked 2,734 survivors out of the decks, rupturing bulkheads, and riddling the strings of greenish-blue tracer showing the water. superstructure with large holes. The doctor's surprised Japanese to be consistently firing The Battle of the Bismarck Sea convinced quarters were smashed and the pilothouse too high. At top speed the PT circled the the Japanee sethat sea routes from Rabaul to wrecked beyond recognition. Listing badly barges, raking them from stern, beam, and Lae and Finschhafen were unhealthy for any to port the LCI made a dying lunge onto the stem, from every angle, for 25 minutes. ship as large as a destroyer. No more could beach and settled in the shallow water. Even ordnance can't work without rcst, the positions around Lae and Salamaua be On the blasted decks Australian and Amer- and the 120's guns were glowing hot as all reinforced by cargo ships and fast destroyer ican blood flowed together. Twenty Aus- but two jammed, and the action had to be transports. Supplies had to be muscled over- tralian soldiers had been killed and just as broken off. But two of the barges had been land through swamps, toted in handfuls by many wounded. Eight Americans were sunk, and the third was ablaze. The PT had submarine, or brought in on barges sneaking wounded, among them the ship's doctor, been hit twice; one 20mm shell pierced the along the coast from Wewak. It was in the Lieutenant (jg) Fay B. Begor, who lay with wooden bow and exploded in the chain locker strangulation of this barge traffic that the both thighs shattered by shrapnel. He died a and another 20mm hit the aft 50-caliber gun PT boats were use toilsomely to demonstrate few days later aboard the LST 464 the con- mount. Chief Motor Machinist's Mate J.J. their hell-raising potentialities. The doughty verted landing ship that had been fitted out Master, Jr., was badly wounded and died little giants were not to find heftier game as a firstline hospital ship of the Seventh ashore twelve hours later. again until the Leyte operation. Amphibious Corps. (The LST hospital ship Not mr.ch of a battle, of course. It does not Two months after the dress rehearsal at was not protected by the rules of the Geneva appear in history books as the Battle of Kiriwina and Woodlark, Admiral Barbey's convention. She looked the same as her 32094 EXTENSIONS OF REMARKS November 22, 1993 fighting sisters and bristled with as many Congressional Medal of Honor. The next Admiral Barbey. his flag again on the guns.) year, at a shipyard in Orange, Texas, his Conyngham, preceded the group. The troop-filled LCI 341 was caught in the mother christened a sleek, new destroyer es- The beach selected, "Scarlet," was on a same attack. A near miss blasted a gaping cort-the USS Johnnie Hutchins. small bay six miles north of Finschhafen, hole in her port side, starting numerous Other ships of the convoy were being at- flanked at either end by steep cliffs. Not fires. Lieutenant (jg) Robert W. Rolf calmly tacked at the same time the LST 473 was ab- much was known about the area. Photo- ordered the troops to starboard to counter- sorbing so much punishment. Evidently mis- graphic coverage had been inadequate, and act the port list, and, like a battle-wise vet- taking the mine sweepers for destroyers, sev- the party of ten scouts, landed the night of eran (which he wasn't), skillfully brought his eral dive bombers peeled off for the attack 11 September from PT boats, had not ob- craft into the beach, firmly snubbing her but succeeded in scoring only near misses. tained all the information they were after upon the sand. When the troops were un- The LST 471 (Lieutenant George L. Cory) because Japanese activity kept them lying loaded, Rolf personally lead a fire-fighting also was receiving the one-two punch of dive low. party and soon the flames were smothered. bomber and torpedo plane, but a damage con- The time selected for the landing was a The craft was so badly hurt that the crew trol party led by Lieutenant Albert E. Craig, compromise. The Navy, at this stage of the had to be assigned to other duties. But Rolf the executive officer, kept her afloat. war having in mind the continuous menace stayed with his ship, sure that it could be The casualties were relatively heavy. We of aircraft, preferred night landings. The salvaged. counted six of our men dead, one missing, Army, on the other hand, wanted a dawn On 6 September he was still checking dam- five injured. The Australian dead numbered landing so that their troops could see what age when a fight of Japanese bombers came 45, with two missing and 17 wounded. The they were doing. The compromise hour was in over the western mountains. It happened Japanese lost two planes out of the attack- 0445, permitting a landing in darkness and at very quickly. One explosion bathed the 341 ing dozen. the same time giving the troops good light with a hot shower of shrapnel, and Rolf was The two crippled LSTs were taken in tow shortly after they had hit the beach. deeply wounded in the right thigh. His ship- to Morobe, where, next day, the dead were The stage was now set. Before midnight for which he had risked his life-would fight buried ashore. the heterogeneous fleet weighed anchor and again, but not he. Forty-five minutes later The Japanese in the Lae-Salamaua sector headed east, some of the ships trailing can- Rolf died on the operating table. Beside him, now found themselves caught in a master vas in bridal-veil fashion to conceal their tight-lipped, stood the Army colonel whose squeeze play. The day after the landings on phosphorescent wakes from night-flying Jap- men he had landed safely on the beach. Red and Yellow Beaches, units of the 7th anese. On the first day of the Lae landings over Australian Division were dropped by para- First blood was drawn by the PTs 133 and 7,800 fully equipped troops had been put chute in the Markham River valley, the first 191 on patrol north of Finschhafen when they ashore, quickly so as not to overexpose the use of the airborne troops in the Southwest sighted a 120-ton coastal trawler scouting almost defenseless landing craft to avoidable Pacific. near Fortification Point. Like a dog after a air attacks. When Jap planes struck at the There was no escape for the trapped Japa- thrown stick the two boats went to flank landing beaches the afternoon of 4 Septem- nese. Retreat overland was cut off. With- speed and closed, blowing the scout out of ber they found only the two injured LCIs and drawal in barges or submarines across the the water and breaking its keel. one of those tough little bulldogs of the Huon Gulf was made disastrously unhealthy Precisely on schedule, at 0433, four de- Navy, the tug Sonoma. But more men and by our PT boats and destroyers. stroyers, commenced the beach bombard- more supplies were on the way. The enemy retaliated with air attacks on ment. While the destroyers were still sending In the wheelhouse of the LST 473 stood our convoys that kept the vital supplies their whistling 5-inch shells through the Johnnie Hutchins, Seaman 1st Class. The pouring onto the beaches east of Lae. The de- darkness, the first wave of boats from the de- ship was at General Quarters and his station stroyer Conyngham, with Admiral Barbey stroyer transports started in toward the was lee helmsman. He peered over the shoul- aboard, fought off a swarm of bombers while beach. Our troops found the beach defenses der of the man at the wheel, watching the returning from the initial landings. On 12 fully manned. gyro click back and forth to either side of September. by which time the Seventh Am- Machine gun and mortar fire was intense. 132, the course being steered. Soon it would phibious had landed over 16,500 troops on Red Sniper fire also was heavy, and in an effort be time for him to relieve the man at the and Yellow, bombers attacked our advanced to silence it, several of the ships opened up helm. Meanwhile he wished he could smoke. base at Morobe and damaged the LST 455, but at the treetops. Then-"Bogies on the port bow!" the fire was put out with the aid of that vet- Landing in the darkness caused some con- Nine of them, all enemy, dive bombers and eran tug, the Sonoma, who, having undergone fusion. Two LCIs, one leaving and one ap- fighters. Simultaneously twin-engined tor- three intense air attacks in one week, felt as proaching the beach, collided. One LCI had pedo planes slanted out of the sun on the if she were fighting a single-handed war its port ramp carried away when it at- port beam. The LST 473, under attack for the against the Japanese. Two of her men, un- tempted to land troops in deep water. Oper- first time in its career, was blanketed with able to stand the strain, broke down with ations all along the line were delayed when four bombs, all of which seemed to explode hysteria, as truly wounded as if by bullets. the LCMs and LCVs carrying units of the 2nd together. Two were near misses, but two hit On the morning of 16 September, troops of Engineering Special Brigade lost their way. all too true. One demolished the command- the 7th Australian Division, after fighting But in spite of all, by 0935. the last LST ing officer's station and blew up a 20mm gun, their way down the Markham Valley, en- had unloaded and another beachhead was including the ammunition, killing six and tered Lae, still smoldering from the attacks firmly established on the Road to Tokyo. wounding 13. The other ripped through to the of Allied heavy bombers. The Japanese who The first air attack-ten torpedo planes- bottom of the ship and exploded near the remained offered only slight resistance be- that broke through the tight umbrella that keel amidships, bulging the deck four feet fore they fled into the brush. the Army fighters capped over the area. out of true. With the capture of Lae. the last serious came a little after noon when the last three In the smoke and debris of the wheelhouse threat to southeastern New Guinea and the LSTs, the Sonoma, and the destroyers Per- the helmsman lay dead, and beside him lay possible threat to Australia were removed. kins, Smith. Reid. Mahan. Henley and Johnnie Hutchins. bleeding badly, both feet The Allies now had control of Huon Gulf. Conyngham were retiring south. Captain a pulp of shattered bone and flesh. But he with all its strategic advantages, and Vitiaz Jesse H. Carter, in command of the escorting wasn't dead. He could see-and he saw the Strait was not wide open for Allied aerial destroyers, immediately signaled the pre- helm untended. He could hear-and from and surface patrols against enemy barge arranged maneuver against aircraft attack. what seemed to be miles away he heard the traffic between New Guinea and New Britain. The destroyers rang up full speed and started order from the officer of the deck: "Right Things had gone well at Lae. So well, in circling the convoy in a counterclockwise full rudder!" fact, that the schedule of attack in New movement while the tug and LSTs kept Torpedo planes were coming in fast at Guinea could be stepped up considerably. course and formation, wiggling right and left masthead height. The assault date for Finschhafen was like agitated polliwogs. Through the puzzling blackness that moved up three and a half weeks to 22 Sep- Two of the planes were hit at long range by fogged his eyes, Johnnie reached for the tember. Plans were literally still being made the destroyers' 5-inch fire and were down be- wheel and twisted it to the right with his for the operation as the first echelon moved fore they could loose torpedoes. A third, hit last ounce of strength. toward the beaches. at long range, dropped its torpedo 90 degrees As the ship swung right, the straight white Just before midnight on D-minus-2 day, six from its proper course. wake of a torpedo passed 20-feet astern. LSTs pulled away from Buna and headed for Wakes of seven torpedoes crisscrossed the Johnnie's turn had saved the ship. George Beach, east of Lae, escorted by four water, but none hit. By the time the P-38s After the attack, the boy's dead fingers destroyers and the omnipresent tug Sonoma. arrived to take charge of the situation our had to be pried loose from the wheel. The following morning 16 LCIs shoved off ships had knocked out eight of the Johnnie David Hutchins, age 21, had given from Buna. With them were four destroyers attackers, and the two others were heading his life for his shipmates, and had earned the of the bombardment group plus the Henley. for Rabaul. Added to the 37 planes that the November 22, 1993 EXTENSIONS OF REMARKS 32095 Army fighter-cover had knocked down over at the Community Baptist Church. Since that talk about sports and the WWF. I'm sure Ben the beach that day, the total bag left the sky time, the church has grown in size as well as enjoyed his time during that lunch. empty of Japanese planes. in stature within the community. The fact that Ben has a keen humanitarian sense and I After cleaning out Japanese mortar bat- am very proud of him. Not just for this one teries and machine gun implacements on so many people rely on the United Christian kind act, but for all he does. He is becoming Scarlet Beach, Allied troops advanced rap- Baptist Church for support and inspiration is a a real leader at Killingly High School. You idly southward along the coastal plain. An- credit to the dedication of Pastor Miner. can be very proud of Ben. he is a fine young other Allied force moving eastward along the Beyond his work in the church, Pastor Miner man. coast cut off the southern escape route of the has also contributed to the successes of many It is a great pleasure to write a letter like Japanese. Again, the PTs and Allied patrol other organizations, including the Baptist Min- this to parents. I sincerely thank you for planes made withdrawal across Vitaiz Strait sending such a great guy like Ben to Kill- isters of New York State, the Williamsbridge ingly High School. in barges to New Britain extremely dan- branch of the NAACP, and the 47th Precinct gerous for the bottled Japanese. On 2 Octo- Sincerely, ber, within ten days following the initial Clergy Coalition. These and other affiliations DAVIDA. SWEET, landings, Finschhafen fell after hard fighting show that Pastor Miner is deeply involved in K.H.S. RenaissanceCommittee. working toward a more just and secure soci- to elements of the Australian 9th Division. A TRIBUTE TO BEN But the sweet taste of victory was bittered ety. by the next day by the loss of one of the des- On behalf of all my constituents who have (By John J. Julio) perately few combatant ships the Seventh been touched by the efforts of Pastor Miner, I School began in late August in the year Amphibious Force possessed. At six in the congratulate him for 33 years of devoted and 1992. My classroom had been decorated and evening the destroyers Reid, Smith and Hen- organized, and I awaited the arrival of the inspiring work, and I wish him many more new students. Each year began with the ex- ley were in a loose column formation about years of good health and success. to commence an anti-submarine sweep off pectations of new promise, new hope and new Finsohhafen, when suddenly the Smith lessons of life. Little did I know the lessons that would be taught to me over the next sheered out of column to starboard. Four TRIBUTE TO BENJAMIN TODD the reason in the water. year. torpedo wakes wrote DESAULNIER Ben Desaulnier was a member of my Col- As the Henley came left, increasing speed to lege English 3 class. He stood out among the 25 knots in pursuit, the commanding officer, twenty-four students that I had in that class Commander Carlton R. Adams, saw two tor- HON. SAM GEJDENSON that year. I remember his seat in the class- pedoes approaching his ship from the port OF CONNECTICUT room, row 1 seat 3, next to the window with side-one heading for the bow, one for the IN THE HOUSE OF REPRESENTATIVES the white birch tree growing outside. Sur- stern. rounding him sat Ron "Joe" Barbeau, Big "Hard left rudder!" Monday, November 22, 1993 Dave Irish, Julie Golaski. Tammy Larkin, The slim ship seemed to pivot around her Mr. GEJDENSON. Mr. Speaker, I rise today Michael Boledovic, and Angela Lemoine. mast, heeling to the turn. One torpedo to express my sympathy and regret at the Ben. the student, ever attentive, ever passed clear of the bow by about 30 yards and thoughtful, ever questing to understand. another skittered ten yards astern on the passing of Benjamin Todd Desaulnier, a re- markable young man from Danielson, CT. Far Ben, the student, never fearful to say, "Mr. surface. It looked as if the ship had avoided Fulco, I don't understand," or, "I don't see it certain death, but five seconds later a third exceeding his 17 years in maturity, Benjamin that way." Ben, the student, who would torpedo tore in, heading straight for the touched many people through his citizenship leave the classroom with a smile on his face ship's belly. It hit the port side amidships and scholarship. He was the quintessential shaking his head and saying. "That was one and dug into the fire room before exploding, leader, outstanding athlete and all-around great class, Mr. Fulco." destroying the boilers and snapping the keel. good citizen. Ben was willing to take chances in the Within three minutes, with the main deck classroom. He was willing to try and see life awash, Commander Adams gave the order I would like to submit for the CONGRES- John in a different way. One day. Ben stood on the that tears at the heart of Navy skippers: SIONAL RECORD remarks delivered by top of my desk and looked out over his class- "Abandon ship!" Fulco and David Sweet, two of Benjamin's mates. He encouraged his classmates like The Smith and Reid immediately jumped teachers, who have eloquently expressed Michael Boledovic and Angela Lemoine to after the submarine, but after a number of what made Benjamin so special, and the sad- stand with him and see the world from an- attacks lost contact and were not able to re- ness felt by all in his death. other perspective. gain it. That night the seas were carefully KILLINGLY HIGH SCHOOL. When a studentl in the class had difficulty combed for Henley survivors floating in rafts. Danielson, CT, October 8, 1993. with a drinking problem, and when other When the last oil-coated man was hauled Mr. and Mrs. EDWARD DESAULNIER, students would make crass comments, it was aboard, only one officer and 14 enlisted men Danielson, CT. Ben who came after class, concerned about were missing. DEAR ED ANDMARY Lou: Carpe Diem! Seize the welfare of the boy. With the capture of Finschhafen the first the day. For the past nine months, the Ren- So very often, it was I who played the phase of the New Guinea campaign was over. aissance Program at K.H.S. has recognized actor in the class. I played the Devil's advo- During the next few months the main Allied students for academic accomplishment and cate and challenged the students to expand effort was devoted to the neutralization of perfect attendance. Another facet of this their horizons of thought. It was I who enter- the great Japanese bases at Rabaul and program strives to recognize students for tained the students while making them ques- Kavieng. Once this was accomplished, "Mac- good deeds and accomplishments. I thought tion their own values. It was I who at- Arthur's Navy" would be in a position to you should know that I caught Ben doing tempted to put the foundations under their commence the 1200 miles of leapfrogging the good deeds. There are few opportunities in feet so they would grow tall and strong. It troops up the northern New Guinea coast to the day to day operation of a school to wit- was Ben, however, that received the applause poise for the long jump to the Philippines. ness what I saw last Friday. Generally, stu- from the class on one particular day. Ben dents go through their days being tolerant of came into the classroom dressed in a min- each other and interacting on a very super- ister's white collar and black suit. He stood HONORING PASTOR ELIAS MINOR ficial level. Rarely do you see students giv- before his peers, fearful with knees shaking. ing of themselves as I saw Ben doing last He became a persona, Rev. Leumel Wiley, a character from Spoon River Anthology by weCk. who recited. HON. ELIOT L ENGEL During one of the lunch waves, a special Edgar Lee Masters. It was Ben OF NEW YORK education student was having great dif- I preached four thousand sermons, IN THE HOUSE OF REPRESENTATIVES ficulty with his lunch. While carrying his I conducted forty revivals, bagged lunch, he had inadvertently shaken And baptized many converts. Monday, November 22, 1993 his soda to the point of explosion. When he Yet no deed of mine Mr. ENGEL. Mr. Speaker, I am pleased to opened it, it sprayed all over the floor and Shines brighter in the memory of the world, join with the United Christian Baptist Church of table, soaking his lunch and his clothing. And none is treasured more by me: Look how I saved the Blisses from divorce, Pastor Elias Many students would have laughed, but Ben the northeast Bronx in saluting And kept the children free from that dis- Miner for 33 years of service to the commu- came to his rescue. He assisted in the clean- up of the soda, wiping off the table and even grace, nity. the floor. At this point you would think his To grow up into moral men and women, On May 15, 1996, Pastor Miner organized job was done. Ben wasn't finished. He then Happy themselves, a credit to the village. the United Christian Baptist Church after serv- sat down and ate lunch with Jamie and ap- Ben was a leader in the classroom. In class ing for 12 years with the late Jasper Reaves peared-to have a great time. Jamie loves to projects on the Joy Luck Club, or doing 32096 EXTENSIONS OF REMARKS November 22, 1993 Video presentations, Ben would take the lead and knock into the next county. I could be Ben was cast as the Eagle in the senior to insure that everyone got a good grade, the hero of the game. I could be lifted onto play, "Alice in America Land". Here is a role and that everyone in his group did the best the shoulders of my buddies and carried that I assigned to Ben that will never be ful- that the group could do. It was Ben who across the field. Honor would be bestowed filled. Last Wednesday, October 27, 1993. Ben made sure that the project was neat and eye- upon me." stood on the stage and told me that he appealing, and it was Ben who would be cho- While I believe that Ben held the ideals of hadn't found his voice for the Eagle. I told sen to come and speak to me if, for some rea- baseball and the belief in the goodness of all him that we had time, and that we would be son, the project could not be finished within human beings highly in his life, he also knew able to work on the voice on another day. In- the allotted time. It was Ben who helped to the pain of falling short of his own hopes and stead, we worked on the Eagle's dance. Amy set the calendar for due assignments, and it desires. He beautifully wrote about failure Strandson, Ben and I laughed as we danced was he who worked around the sporting, rec- and disappointment, and yet, his character, to our made-up tango. Ben tripped over his reational and school functions to try and like Ben himself, was able to rise above the feet as he tried to execute a turn on the meet everyone's needs. situation, and lend a helping hand to support stage. He tried repeatedly to get his footing Ben was a natural. In his term paper he his friend in time of triumph. Ben wrote, right. The last time that Ben was on the wrote about Roy Hobbs, a character from "As the pitcher began his wind-up, I shift- stage, he danced forwards and backwards, Bernard Malamud's novel. The Natural. ed my stance, cocked back my arms, and fo- linked arms with Amy and turned her Many of the heroic attributes found in Roy cused upon the oncoming ball. I took a huge, around. Ben made it back to his designated Hobbs, could so easily he found in Ben him- home-run cut. The ball resounded like thun- spot on the stage without tripping or falling. self. Ben wrote. "As a boy, Roy Hobbs (Ben der into the catcher's mitt. I had struck out. He stood tall and proud and flapped his arms Desaulnier) grew up with good values. Due to The world collapsed around me. I had like an eagle ready to take flight. In my eye, his outstanding baseball ability and talent, choked. My spirit was devastated. the Eagle flew. he became an instant hero with almost ev- I walked into the dugout, and sat with my I am deeply saddened at the death of Ben. eryone. He entered manhood 'with a child- head between my knees, experiencing a state He had such wonderful potential and he ac- like innocence"'. of total dejection. The entire season had complished so much. He did so much good, In describing other traits of the hero, Ben been a waste. We'd never win this "big" and he asked for so little in return. I believe continued, "Another one of Roy's (Ben's) game. Spirit or not, I had failed my team. I that his parents have accomplished the more impressive qualities is his willingness had never felt such anguish and despair in greatest goal in life. They helped to form to sacrifice himself for others. He made it a my life. Ben into a person of whom we all can be point, since their funds were low, not to ask Our final hope, the last ember of spirit, ap- proud. Their son. Ben, made a difference in for anything at all." proached the plate. I lifted my head to see the world, and for a short while there was Roy Hobbs (Ben Desaulnier), as a heroic my teammate, Sean O'Leary, take a killer again light at the castle in Camelot. figure, proved himself to his peers. Hobbs swing as the ball cracked off the bat. The We can never know the direction that life (Desaulnier) had outstanding baseball talent ball flew over the fence. The flame of victory is going to take us, but there are those peo- and a bright future ahead of him in the game filled my heart, as I watched Sean trot ple, like Ben. who believe that there is a pur- of baseball. Members of the crowd thought of around the bases and cross home plate. Our pose and a direction that we must all follow. him as a hero. One bystander echoed the feel- bench emptied, as I led my teammates to Ben probably put it best when he wrote, ings of many of Ben's admirers when she congratulate Sean. All of my feelings of de- "God leads the birds in a pattern to their said, "My hero. let me kiss your hand". spair were gone, I was no longer a loser. I final resting place. Just as He guided Wil- Unlike the character about who Ben wrote, was part of a team, and I was sharing in the liam Cullen Bryant on the lonely road to his Ben never lost his values, nor did he allow team spirit. We were the champions. new job, so God would insure that the birds his ego to swell where he might lose perspec- The excitement of celebration, cheering would never be lost." Just as the birds would and back slapping, rose to a level of accla- tive of his role in life. Instead, I like to re- find their way to their final resting place, so mation. Being first in line, I was able to help member Ben as the young, impressionable, with God's guidance, will Ben find his peace lift Sean to my shoulders, and with the help idealistic boy who believed that he could in his final resting place. make a difference. Ben wonderfully spoke of the team, we carried him around the field. Ben Desaulnier came to me a year and two The fans in the park absolutely wild. The about these qualities when he wrote a story months ago just another student. He became reporters were frantically writing in their entitled "Team Spirit." my leader, my student, my Eagle. With love, notebooks. We had come from behind, and we "I was at bat, and the tying run for our I set him free. team was on second base. There was one out, had won the championship. An air of superi- and I was facing the most ferocious, yet tal- ority was thrust upon us. We were the ented, pitcher in the tournament. He stood champs, and that feeling could never be IN HONOR OF UNIVERSITY taken away from us. Our team spirit contin- on a raised dirt mound sixty feet away from HOSPITAL, AUGUSTA, GA me. As my calm stare met the pitcher's eye. ued to rise as we carried Sean back to home I knew that I was ready to meet his chal- plate and into the locker room. lenge. My knees, secretly shaking beneath That evening when the fans, vendors, and HON. DON JOHNSON my leggings, gave no hint of the anxiety I reporters had left, I returned to the park. OF GEORGIA There in the stillness of a warm summer felt. I took the signals from my third base IN THE HOUSE OF REPRESENTATIVES coach. I stepped into the box and the pres- night, I relived that one moment of victori- sure built tremendously. ous glory, when team spirit congealed with Monday, November 22, 1993 "The first pitch flew past me, and the um- the ideals of a young baseball team, and I Mr. JOHNSON of Georgia. Mr. Speaker, I pire shouted, 'Strike one!' Everyone in the was given an experience that I would always rise today to pay tribute to a remarkable medi- park made a comment by either booing or remember." Ben has given everyone so many experi- cal facility located in the 10th District of Geor- cheering the umpire's call. I checked my gia. On Saturday, September 11, University spirit, and then I prepared myself for the ences to remember. We have been blessed in next pitch. just knowing the boy. He has been able to Hospital celebrated 175 years of service to "Like a meteor speeding through space, touch the hearts, souls and minds of peers, Augusta, GA, and the surrounding area. the ball was hurled toward me, landing high and the people with whom he worked. His What began as the 10-bed, 2-story City and outside its mark. kindness, generosity, and well-being to all Hospital in 1818 has grown into Georgia's 'Ball one!' people will always be remembered. Ben second-largest hospital, with 700 beds and a "With the count one and one, I knew that Desaulnier was Student Government Presi- staff of 3,000. It continues today a tradition of dent, the next pitch would probably be a fast ball. Homecoming King, Homecoming exemplary medical care and devotion to the I eyed the pitcher carefully as he reared back Prince, Junior Prom King, basketball player, and fired the ball. I ripped out at the spiral- baseball catcher, golfer. Ben was loved. teaching of medical practices. I want to share ling sphere as hard as I had ever swung a bat Ben was unable to attend the performance with you some of the history of this institution. in my life. The ball fouled off the tip of my of "Arsenic and Old Lace" which I appeared In 1829, just 11 years after City Hospital bat and landed in the left field bleachers. in at the Bradley Playhouse during the was founded, Dr. Milton Antony established "The umpire yelled. 'Foul ball. Strike month of October. On the night of one of the Georgia's first medical school on the prem- two!' shows, Mr. Desaulnier, his father, was asked ises. In 1833, the City of Augusta provided "With the count now standing at one ball to appear as one of the thirteen men buried $5,000 for the construction of a new medical and two strikes, I was filled with apprehen- in the cellar of the Brewster household. college building, and the tradition sion. My teammates hollered their support When Mr. Desaulnier came through the of fine medi- over the shouts of the crowd. Their team backstage doorway, he saw me sitting in my calinstruction in Augusta had begun. spirit made me rise to the occasion. Reverend Dr. Harper costume. He came over Drs. Henry and Robert Campbell opened a I believed that the following pitch was to me and said, "Ben wanted me to tell you, surgical infirmary for the city's black commu- going to be a curve ball which I could unload 'Break a leg.'" nity in 1854 and operated that facility until the November 22, 1993 EXTENSIONS OF REMARKS 32097 Freedman's Hospital was opened after the As the President and Vice President stated acy. The county district attorney had them ar- Civil War. In 1891, the Medical College of on October 26 to Chairman DELLUMS,Chair- rested and brought to trial. The trial went on Georgia named a woman, Ella Thomas, to man CONYERSand myself, procurement re- for 90 days with great sacrifice by the defend- serve as chief executive officer. Her appoint- form is a cornerstone of the White House's ef- ants and their families. The result was a hung ment and the opening of the infirmary for the forts to reinvent government and has received jury. area's black community demonstrate the hos- their highest priority. To this end, I maintain A second trial was ordered and again lasted pital's devotion to serving all humanity and my commitment to the administration to pass 90 days. Were it not for the solidarity of the recognizing the talents of both men and acquisition reform legislation with all due dili- workers to sustain the men on trial and their women at a time when such recognition was gence. destitute families, the back of the union would unusual. It is my subcommittee's intention to hold have been broken. In the end they were ac- City Hospital battled smallpox for two dec- hearings on this legislation in late January. In quitted. John and his wife Irene played a cru- ades beginning in 1851. It sent aid to those in the meantime, I am aware of a number of is- cial role in the support of the workers families. need by horse-drawn ambulance and served sues and questions that remain unanswered. Without question, John Allard had displayed as a medical center for Confederate soldiers. H.R. 3586 remains an open document, open great skill at leadership and in 1939 was elect- That proud tradition of service and excellent to suggestion and negotiation. I would encour- ed recording secretary of local 230. medical care has been passed down through age the private sector, the administration and In 1942, under the guidance and organiza- these 175 year to University Hospital. any of my colleagues who have questions or tion of President Roosevelt, John served on Mr. Speaker, I am proud to have such a fa- concerns regarding this legislation, to contact the War Manpower Commission and cility in my district and I am proud to join the the myself or my subcommittee staff. Southern California Aircraft Committee of the entire central Savannah River area in con- It is my hope that we will have taken the War Labor Board. gratulating University Hospital on its 175th an- time over the recess to craft and perfect the niversary. On the very day President Roosevelt died in best procurement reform proposals that we 1945, John was inducted into the U.S. Army. can, and by early spring, we will have enacted He served his country with distinction as an in- INTRODUCTION OF H.R. 3586, DE- legislation with substance, not merely prom- fantryman and later as a sergeant in charge of FENSE ACQUISITION REFORM ises or an empty shell. I hope that these dis- personnel matters at Camp Butner, NC. It was ACT OF 1993 cussions will truly lead to reform that will mod- during his Army service that he met Doug Fra- ernize and improve our procurement system ser, a Chrysler worker, who would later be- HON. JAMES H. BILBRAY while maintaining small business protections come the president of the international union, . OF NEVADA and increasing competition within our system UAW. Returning to civilian life and Chrysler, IN THE HOUSE OF REPRESENTATIVES John was elected as president of local 230 Monday, November 22, 1993 HONORING JOHN F. ALLARD, and under his leadership, the local established itself as the leader in a precedent-setting Mr. BILBRAY. Mr. Speaker, after months of INTERNATIONAL REPRESENTA- TIVE, UNITED AUTO WORKERS, strike at Chrysler in 1950 that won workers development and discussions, I would like to pension fund benefits. inform my colleagues, that as chairman of the RETIRED From 1950 to 1955, John was appointed as Subcommittee on Procurement, Taxation and an international representative serving as co- Tourism of the Committee on Small Business HON. ESTEBAN EDWARD TORRES ordinator of the National Aircraft Department. I have introduced H.R. 3586, the Defense Ac- OF CALIFORNIA As coordinator, John successfully headed ne- quisition Reform Act of 1993. IN THE HOUSE OF REPRESENTATIVES gotiations in all three of the major aircraft com- Over the last several months, my sub- Monday, November 22, 1993 panies on the west coast: McDonnell-Douglas, committee staff has been involved in a num- North American, and Ryan. ber of discussions with the staffs of the full Mr. TORRES. Mr. Speaker, I rise today to Committees on Small Business, Armed Serv- recognize John F. Allard, as he is honored at From 1955 to 1958, John worked with UAW ices, and Government Operations. These dis- a special dinner on December 15, 1993, for Vice President Norman Matthews in the tech- cussions have been particularly fruitful due to his 56 years of service and dedication to the nical, office and professional [TOP] depart- their bipartisan nature as they have included working men and women of the International ment. Organizing white collar workers at Ryan the staffs of Chairman DELLUMS,Chairman Union, United Auto Aerospace Workers Corp., John met Bruce Lee who would later CONYERS, Chairman LAFALCE,ranking mem- [UAW]. join the region 6 organizing staff. From 1958 ber CLINGER,ranking member MEYERS,Con- John's life is like a page from the "Grapes to 1966, as John became coordinator for the gressman WELDON,Congressman MFUME,and of Wrath." Born and raised on a farm in Sol- west coast organizing staff under UAW Vice the ranking member of my subcommittee, dier, KS, watching his parents till the land, President Pat Greathouse. he was assigned Congressman BAKERof Louisiana. Our goal only to see them lose it in the wake of the two new organizers to supervise: they were has been nothing less than legislation to re- droughts and dust bowl conditions that pre- Bruce Lee, local president from Ryan, and my- invent the U.S. Government's procurement vailed during the Great Depression. He had self, a chief steward from local 230. Under system and to bring it into the 21st century. his mother stitch his savings, two $20 dollar John's direction, we brought many new mem- To this end, our discussions have centered bills, into his shorts as he traveled west to bers to the UAW. around a number of proposals that have been California. Settling in Bell Garden, then Billy In 1967, John worked on the servicing staff put forth by my colleagues, Members of the Goat Acres, he promised his parents and blind and later, 1970, transferred to the UAW retired other body and the administration. These have brother that he would send for them and he workers department. Mr. Speaker, I have had included the Department of Defense's section took a job at the Chrysler plant in nearby May- the high honor and personal privilege of hav- 800 panel, Chairman CONYER'sH.R. 2238, the wood. The work was backbreaking at the plant ing known and worked with John Allard for 40 Senate's S. 1587 and the work of the Vice docks and on the line; the bosses were tough years. He has been an unquestionably sage President's National Performance Review. Our and the workers had accumulated grievances. mentor and counsel to me in many areas of goal has been and will remain to afford the Unionism was on the rise, John and others national concern. While we may be in dis- maximum protection and competition for applied for a union charter from the AFL for agreement on some matters of national policy, America's small businesses as we revamp the local 230 of the United Automobile Workers of nonetheless, I am grateful for his friendship antiquated and complicated Government pro- America [UAWA]. Sitdown strikes from Detroit and support. curement system. to Los Angeles fueled the recognition of local Mr. Speaker, John Allard is being honored The bill includes a number of far-reaching 230 under the leadership of John and others by the UAW, his family, friends and civic lead- reforms including the institution of commercial such as Bill Goldmann, Noah Tauscher, Ken ers for his exemplary contribution to working items, increasing the small purchase threshold Gillie, and Sim Huff. men and women of the Los Angeles commu- to $100,000, the implementation of govern- The forces of antilabor set about to destroy nity and the Nation as a whole. I ask my col- mentwide electronic commerce, and the re- the momentum of union membership and tar- leagues assembled in the House to join me in form of contract administration and contract geted the local 230 leadership to make an ex- thanking and saluting him for his outstanding protest procedures. ample of them by charging them with conspir- record of service. 32098 EXTENSIONS OF REMARKS November 22, 1993 TO SUPPORT THE DIETARY SUP- the House. It makes good health sense and Mr. Speaker, without a doubt, Jack Wilson PLEMENTS HEALTH AND EDU- just asks the Government not to interfere. has made many outstanding contributions, too CATION ACT OF 1993, H.R. 1709 numerous to mention, to the people of Mari- etta and the citizens of all of Cobb County. HON. DONALD A. MANZULLO FEE SCHEDULE FOR TOWER SITE However, I would like to note just a few of the USE OF ILLINOIS ways he has made our community a better IN THE HOUSE OF REPRESENTATIVES place to live. Jack has been instrumental in encouraging Monday, November 22, 1993 HON. LARRY LaROCCO OF IDAHO economic growth for the community through Mr. MANZULLO. Mr. Speaker, I have re- IN THE HOUSE OF REPRESENTATIVES his service as director and vice president of ceived hundreds of letters from constituents in the Cobb County Chamber of Commerce. He my district who are users of legal dietary sup- Monday, November 22, 1993 is responsible for starting the first leadership plements. They are afraid that they may soon Mr. LAROCCO. Mr. Speaker, I rise today to Cobb class, which is still going strong after 10 be denied access to products that help keep introduce legislation which resolves the issue years. In addition, Jack Wilson founded the them healthy if the Congress does not act of fees paid by broadcasters for the use of honorary commanders, which matches com- soon. tower sites that are located on Federal land munity leaders with the area's military leaders The 1-year moratorium on the Federal Drug managed by the Forest Service and the Bu- to give both a better understanding of each Administration [FDA] rules on dietary supple- reau of Land Management. other's role in Marietta. ments proposals will soon expire. This will Government agencies and the broadcast in- A devoted father and grandfather, Jack leave the FDA open to impose their proposed dustry have been struggling with this issue for looks to the future with experience from the regulations on the vitamin industry and take years. While it is reasonable for broadcasters past. As a successful insurance executive, he safe products oft the shelves. The FDA has to expect fee increases over time, some actual has seen and helped Cobb County grow from proposed three troublesome regulations. proposals for increases of over 1,000 percent a sleepy, rural community to a dynamic, sub- First, the FDA will view single amino acids have been put forth by the Forest Service and urban area. Jack also has a sense of adven- and mixtures of amino acids as equal to pre- the Bureau of Land Management. These pro- ture. He surprised and impressed many of his scription drugs. posals have been so far out of line with fair Second, the FDA will arbitrarily remove friends earlier this year as a participant in the market values associated with the sites in annual running of the bulls in Pamplona, most supplements-including herbs from the question, that the Appropriations Committee market by citing them as unsafe food addi- Spain. has repeatedly rejected the fee increases pro- Jack Wilson is a visionary leader, a stead- tives. posed by the agencies and has imposed Finally, the FDA will prohibit the use of fast worker, and a great and loyal friend to moratoriums in response. health claims for dietary and health food sup- many people, His legacy of service is some- To finally resolve this longstanding plements, with the sole exception of the nutri- problem, thing all of us should strive to emulate. ent/disease link between calcium and Congress established an advisory committee to study this issue, develop an acceptable and osteoporosis. EDNA SPENCER: CHARLES COUN- I am a proud cosponsor equitable fee schedule, and report those find- of H.R. 1709 the TY'S "MOST BEAUTIFUL PER- Dietary Supplements Health and Education ings back to Congress. The Committee com- SON" Act of 1993 introduced by my colleague from pleted its task and developed a fee schedule New Mexico Representative BILL RICHARDSON.which contains reasonable fee increases that This legislation represents a reasonable, ra- ranged from 200 to 900 percent for broad- HON. STENY H.HOYER tional, and fair approach for Congress to pro- casters with tower sites located on Federal OF MARYLAND vide urgently needed direction to the FDA. lands. The legislation I am introducing today IN THE HOUSE OF REPRESENTATIVES There are currently 183 cosponsors of this will simply codify those recommendations. The time has come to settle this issue. We Monday, November 22, 1993 legislation. H.R. 1709 includes these provi- sions. had an opportunity during budget reconcili- Mr. HOYER. Mr. Speaker, I rise today to First, it establishes that dietary supplements ation, but it slipped away from us at a critical congratulate Mrs. Edna Spencer, a resident of are not drugs or food additives. moment. But while it is disappointing to return Potomac Heights, MD, who was recently Second, H.R. 1709 would prohibit the FDA to this subject yet again, continually placing named Charles County's "Most Beautiful Per- from seizing safe and legal products from the moratoriums on site fee increases makes no son." This annual event is sponsored by market. Under this legislation substantiated sense and costs us money every year. This "Maryland, You Are Beautiful," and recognizes health claims would be allowed. legislation will put an end to the question, and outstanding volunteers for their generosity. Finally, the potency limits on dietary supple- establish a stable process for future decision- Mrs. Spencer was one of 17 nominees from ments that the FDA seeks to impose would making by the agencies and the broadcasters. Charles County and was nominated by the not be mandated. I appreciate the support of those Members Potomac Heights Leisure Club, of which she is My colleagues may be surprised to learn who have joined with me as original cospon- an active member. Edna Spencer is most de- that 100 million Americans use dietary supple- sors, and I look forward to working with the serving of this award, Mr. Speaker. She deliv- ments on a regular basis. Eight out of ten doc- other members of the Natural Resources ers food for the Charles County's Meals on tors in a recent survey said they took vitamin Committee next year to pass this legislation. Wheels Program, transports cancer patients to E to protect against heart disease. Scientific clinics and hospitals, and serves as an adopt- evidence has convincingly demonstrated that ed grandmother to an unwed mother. vitamins and minerals protect against a num- IN HONOR OF JACK E. WILSON I would like to share with my colleagues an ber of disease conditions, including cancer, article which appeared in the Maryland Inde- osteoporosis, heart problems, cataracts, and HON. GEORGE (BUDDY) DARDEN pendent which tells of Edna's outstanding con- neural tube birth defects. OF GEORGIA tributions to her community. I urge my col- The current health care reform initiatives IN THE HOUSE OF REPRESENTATIVES leagues to join me in recognizing Edna Spen- emphasizing the importance of prevention cer, Charles County's "Most Beautiful Per- should provide added impetus for stopping Monday, November 22, 1993 son." these proposed onerous regulations by the Mr. DARDEN. Mr. Speaker, I rise today to [From Maryland Independent. Oct. 29. 1993] FDA and replace them with the commonsense ask my colleagues in the House to join me in You CAN DEPEND ON EDNA-SPENCER SE- provisions contained in H.R. 1709. Optimal paying tribute to a man of great service and LECTED CHARLES COUNTY'S "MOST BEAU- use of dietary supplements costing only pen- dedication: Jack E. Wilson of Marietta, GA. TIFUL" nies per day can save billions of dollars in Jack, a successful businessman and devoted (By James Hettinger) health care costs. It's preventative health care community volunteer, was recently recognized Edna Spencer has never forgotten what life in the best sense of the word. for his service to the citizens of Marietta, GA, was like without a car. I urge my colleagues to cosponsor H.R. when he was named Marietta Citizen of the When Spencer and her husband Kenneth 1709 and move this legislation to the floor of Year this past Friday. were married in 1943. World War II was on. November 22, 1993 EXTENSIONS OF REMARKS 32099 money was scarce, her husband was in the came to Charles County in 1959-recently tive, without side effects, and may be par- Navy and she was home alone with no trans- celebrated their 50th wedding anniversary. ticularly acceptable to and efficacious portation. The couple has one daughter, Ann Spencer of among people in areas of poverty. "You would depend on your neighbors and Waldorf. The 1993 follow up to last year's "earth friends," Spencer recalled, noting that it was Looking to the future, "I hope I'll always summit" in Rio de Janeiro is to take place at times a lonely feeling. "It's a rough time be able to do things for other people. I think in Manchester during 20-22 September and is when you're trying to get groceries and do what you do for others, it comes back to entitled "Partnerships for change." The Rio things with no car." you," Spencer said. "There are a lot of peo- earth summit focused considerable attention That feeling stayed with her, and prompted ple who need help. . . . There's a lot more we on the expanding population of the world as Spencer to adopt helping people get around can do. I'm sure there's a lot more I can do." an important issue in relation to resources, as one of her objectives in life. environment, and poverty. In the media the Spencer, 68, of Potomac Heights, drives "opposition of the Catholic Church to birth cancer patients to clinics and hospitals for NATURAL FAMILY PLANNING control" was discussed (BBC Radio 4, Today treatments, and delivers hot meals to the el- Programme, 18 May 1992) and considered to be derly and handicapped through Charles an important factor with the many millions County's "Meals on Wheels" program. HON. CHRISTOPHER H.SMITH of Catholics in the world, particularly the She also transports elderly people to gro- OF NEW JERSEY Third World, such as Brazil. In the medical cery stores and the hairdresser, takes flow- IN THE HOUSE OF REPRESENTATIVES press the "Pope's continuing opposition to birth control" was condemned' and powerful ers to patients at the Fort Washington Nurs- Monday, November 22, 1993 ing Home and serves as the adopted grand- Vatican opposition was considered likely to mother to an unwed mother and her child by Mr. SMITH of New Jersey. Mr. Speaker, wreck hope of useful progress at the earth buying the food, clothing and small gifts. natural family planning is often scoffed at as summit with regard to global overpopulation2 "(If) anybody needs transportation, if "the old rhythm method." However, the Sep- as a most urgent ecological hazard. there's any way possible. I try to give it to The widespread beliefs that the Catholic tember 18, 1993 issue of the British Medical Church is opposed to birth control.' that the them," Spencer said. Journal carries a report which concludes that Spencer's good deeds are typically known urgent provision of artificial contraception natural family planning, particularly the Billings within the Third World is the only answer to only to the recipients of her kindness, and method, can be as effective as artificial means overpopulation, and that the Catholic that's fine with her. "I'm not a person that 2 Church is opposed to this all stem from the likes to be in the spotlight," she said. "I like of contraception. "Natural family planning is perception that the so called "natural meth- to be in the background." cheap, effective, without side effects, and may ods of family planning," which are approved Tuesday afternoon, though, the spotlight be particularly acceptable to and efficacious by the Catholic Church, are unreliable, unac- found Spencer, when she was named Charles the among people in areas of poverty," author ceptable, and ineffective. Historically, this County's "Most Beautiful" person in a states. perception is based on the unreliability of "Maryland You Are Beautiful" awards cere- Dr. R.E.J. Ryder reports on a World Health the rhythm method of contraception mony at the Charles County Government Organization [WHO] multinational study of the ("Roman roulette"), which attempt to iden- Building in La Plata. She will represent ovulation method of natural family planning. tify the fertile phase of the woman's cycle by Charles County in a statewide "Maryland's Most Beautiful People" ceremony next He notes that the study found a pregnancy calendar calculations. Is this perception as accurate today as it may have been in the month in Annapolis. rate approaching zero among '19,843 poor past? Tuesday as women in India. I believe that all who have When her name was announced The ovum has a life span of not more than the "most beautiful" of the 17 nominees, concern about population issues, as well as 24 hours and3 is fertilisable for only part of Spencer's hand came up to cover her mouth the health of women, will find this study of that time . The life span of the sperm may in surprise, and for a moment she couldn't special interest. be measured in hours under adverse condi- up. stand The British Medical Journal report follows: tions: Under optimum conditions, however. "You've heard that commercial. 'I'm down NATURAL FAMILY PLANNINO: EFFECTIVE BIRTH sperms may remain viable for four or five and I can't get up'? That's what I felt like," days, and a life span of up to seven days has Spencer said Wednesday afternoon at her CONTROL SUPPORTED BY THE CATHOLIC 3 CHURCH been postulated. Thus a woman is poten- home in Potomac Heights. tially fertile for no more than six to eight Despite being nominated for the award-by (R.E.J. Ryder. consultant physician. Depart- ment of Endocrinology, Dudley Road Hos- days of her cycle, probably less in most the Potomac Heights Leisure Club, a seniors' cases. To what extent can these potentially pital. Birmingham B18 7QH group-Spencer was "some kind of sur- fertile days be accurately identified and prised" to win. "On my way over there. I During 20-22 September Manchester is to avoided by most women as a method of birth kept naming the people I thought would get host the 1993 follow up to last year's "earth control? it," she recalled. summit" in Rio de Janeiro. At that summit CYCLICAL CHANGES IN CERVICAL MUCUS Spencer questions whether she deserves to the threat posed by world overpopulation re- SECRETION be called the "most beautiful" volunteer in ceived considerable attention. Catholicism Charles County. "I'm sure there are a lot of was perceived as opposed to birth control In 1972 Billings et al reported the char- people who deserve it more than I do." she and therefore as a particular threat. This acteristic changes in cervical mucus secre- tion which said. "There are so many people who volun- was based on the notion that the only meth- 4 occur during the menstrual teer and do things that people don't know od of birth control approved by the church- cycle. After menstruation there are a vari- about." natural family planning-is unreliable, unac- able number of "dry" days with little or no But she has no doubts about the value of ceptable, and ineffective. mucus secretion and a feeling of dryness in her volunteer work. She has volunteered for In the 20 years since E L Billings and col- the vaginal area. Then, as ovulation ap- more than 20 years, and served as a "Meals leagues first described the cervical mucus proaches under the influence3 of increasing on Wheels" driver since the program started symptoms associated with ovulation natural oestrogen concentrations' s the dry feeling about five year ago. family planning has incorporated these ends and there is increasing secretion of cer- Spencer and her partner, Marian Robey, symptoms and advanced considerably. vical mucus, which at the time of ovulation deliver meals to about 15 people. "It gives Ultrasonography shows that the symptoms becomes an abundant discharge of substance you a lot of satisfaction to know you'll be identify ovulation precisely. According to like the raw white of an egg. After ovulation taking a hot meal to these people." Spencer the World Health Organisation, 93% of the first secretion of progesterone abruptly said. Most of the recipients live alone, and women everywhere can identify the symp- reverses the effect of oestrogen on cervical Spencer and Robey take time to visit with toms. which distinguish adequately between mucus and causes it to become thick3 5 and them. "Sometimes. (we) might be the only the fertile and infertile phases of the men- rubbery forming a plug in the cervix. The people they see during the day." Spencer strual cycle. Most pregnancies during trials fertile-type, "raw egg white" cervical mucus said. of natural family planning occur after inter- is of low viscosity and high threadability She and Robey often wonder what their course at times recognised by couples as fer- (spinnbarkeit) with glycoprotein fibrils in a meal recipients eat on days when there are tile. Thus pregnancy rates have depended on micelle-like structure which aids sperm mi- no Meals on Wheels. the motivation of couples. Increasingly stud- gration. It contains sugars and trace ele- A former cancer patient herself, Spencer ies show that rates equivalent to those with ments necessary for sperm survival, capaci- added that her driving patients to and from other contraceptive methods are readily tation, and transport and it can maintain by medical services "means a lot to someone achieved in the developed and developing sperm3 5 6 cable of fertilisation for several with no transportation." worlds. Indeed. a study of 19.843 poor women days. By contrast, the thick, white, non- Spencer's cancer occurred five years ago. in India had a pregnancy rate approaching She and her husband-Virginia natives who zero. Natural family planning is cheap, effec- Footnotes at end of article. 32100 EXTENSIONS OF REMARKS November 22, 1993 25 stretch mucus which occurs at other times conception of 0-667. Thus it is clear that ongoing world debate on overpopulation, re- in the cycle is impenetrable by sperm and women of all cultures and educational back- sources, environment, poverty, and health to hostile to its survival. grounds can learn to recognize when they be conducted against a background of truth Other symptoms have been described in as- ovulate and when they are potentially fertile rather than fallacy. It is therefore important sociation with ovulation, in particular and that if intercourse is avoided on poten- that the misconception that Catholicism 1is2 periovulatory pain and the progesterone in- tially fertile days pregnancies will not occur. synonymous with ineffective birth control duced postovulatory rise in basal body tem- INCREASED CONFIDENCE IN NATURAL is laid to rest. perature. Hormonal studies have confirmed CONTRACEPTION of the various symptoms ' Understanding the simple facts about the the close relation7 the early studies, -'" increased con- After signs of fertility confers considerable power with ovulation. and more recently ovarian fidence in and experience with natural fam- ultrasonography has suggested that the day to couples to control their fertility, for ily planning methods tended to lead to pro- of most abundant secretion of fertile-type achieving as well as preventing conception. gressively lower overall pregnancy rates. mucus identifies the day of ovula- egg white The rates, however, remain variable, depend- The widespread dissemination of these sim- tion as precisely as does the luteinising hor- e ing on the standard of teaching and the mo- ple facts would be useful everywhere but mone peak. Other symptoms associated 24 tivation to avoid pregnancy. 28-39A study in might be of particular value in the Third with the cyclical changes in oestrogen and Chile confirmed the importance of good ini- World. concentrations include changes progesterone tial natural family planning teaching, expe- in the cervix, breast tissue, skin, hair, libido, FOOTNOTES 3 rienced teachers achieving a pregnancy rate and moods. 5 'Godlee F. Going backwards in Rio. BMJ of 4.7. inexperienced28 teachers achieving a PREGNANCY AND CONTRACEPTION rate of 16.8. Studies have underlined the 1992:304:1525. 'Poole J. Time for the Vatican to bend. Lancet Reported pregnancy rates (pregnancies per importance of motivation, one international 1992:339:1340-1. 100 woman years; Pearl index) in well moti- study finding a pregnancy rate of 4.13 in cou- aFlynn AM. Natural methods of contraception. vated couples using the condom, diaphragm, ples wishing to limit their families but a Maternal and Child Health 1991;16:145-53. intrauterine device, and progestogen only rate of 14.56 in couples wishing only to space iBillings EL. Billings JJ. Brown JB. Burger HG. and combined oestrogenprogestogen oral their families." Studies suggest that meth- Symptoms and hormonal changes accompanying contraception are 3-6. 1-9, 1-4. 1-2, and 0-18 ods combining several indicators of ovula- ovulation.5 Lancet 1972:i:282-4. 9 3 France JT. The detection of ovulation for fertil- respectively. Much higher rates have been tion yield lower pregnancy rates. The cost ity and Infertility. In: Bonnar J, ed. Recent ad- recorded, particularly among less motivated issue has been addressed, studies from Libe- vances in obstetricsand gynecology.Edinburgh: couples-for example, pregnancy1o rates of 21 ria and Zambia showing pregnancy rate of Churchill Livingstone. 1982:215-39. and 22 in condom users and 23 in diaphragm 4.3 and 8e93 9 and user costs of $40 and $30 re- 'Bromwich PD. Problems with spermfeervical users.'o Pregnancy rates of 23 and 28 have spectively. A study of natural family plan- mucus interaction. Part 1: pathophysiology. British also been reported in users of oral contracep- ning in general practice in the United King- Journal of Sexual Medicine 1985: 12:124-5. 'Flynn AM. Lynch SS. Cervical mucus and identi- tives in the developing world." As shown in dom also39 found it to be by far the cheapest Oxford, even the contraceptive pill may fail method. fication; of the fertile phase of the menstrual cycle. By J Obstet Gynaecol 1976; 83:656-9. if the woman forgets to take it, runs out of The largest natural family planning study "Depares J. Ryder REJ. Walker SM, Scanlon MF. tablets, or has12 diarrhea and vomiting or combined effective teaching with high moti- Norman CM. Ovanan ultrasonography highlights other illness. vation and showed the natural family plan- precision of symptoms of ovulation as markers of on ning ovulation. BMJ 1986; 292-1562. Early trials of birthn control based can be extremely effective in the Third 9Vessey M, Lawless M. Yeates D. Efficacy of dif- symptom observation7 3-' yielded pregnancy World." The study was of 19,843 predomi- rates of 6-0l to 25.4.13 Most conceptions oc- nantly poor women in Calcutta, 52% Hindu. ferent contraceptive methods. Lancet 1982;i:841-2. curred because of intercourse on days des- 27% Muslim. and 21% Christian. Because of "Mills A. Barrier contraception. Chin Obstet Gynecol 1984: 11:641-60. ignated by the family planning method2 as poverty motivation was high both among the "Laing JE. Natural family planning in the Phil- fertile. Controversy therefore ensued "- 1be- users and among the well trained teachers of ippines. Stud Fam Plann 1984:15:49-55. tween those who thought that all preg- natural family planning. The failure rate 12Duncan G. Harper C. Ashwell E, Mant D. Buchan nancies occurring in trials should be consid-2 was similar to that with the combined con- H. Jones L. Termination of pregnancy: lessons for of the particular method"- prevention. British Journal of Family Planning ered as failures traceptive pill-0.23 pregnancy/100 women and those who thought that the method users yearly.3 The result suggests that pov- 1990:15:112-7. 3Weissman MC. could not be blamed if couples had inter- erty as the motivation can greatly improve Foliaki L. Billings EL. Billings course during a phase which they knew to be the effectiveness of natural family planning. JJ. A trial of the ovulation method of family plan- o ning in Tonga. Lancet 1972;ii:813-6. fertile.'" z It was also possible that initial A similar result, however, was achieved in 'iBall .. A prospective field trial of the ovulation scepticism about natural family planning Germany3 in a study with a pregnancy rate of method of avoiding conception. Eur J Obstet methods13 led to a casual approach by cou- 0.8. 4. Gynecol5 Reprod Biol 1976:6:63-6. ples. An Italian study found an overall preg- I Marshall J. A field trial of the basal body tem- WHO STUDY nancy rate of 3*6. all the pregnancies occur- perature method of regulating births. Lancet ring in couples wishing to space but not 1968;11:8-10. Given a natural pregnancy rate-that is, Marshall J. Cervical-mucus and basal body tem- limit their families. The pregnancy rate was I the Pearl index without any birth control- perature method of regulating births. Lancet 22 zero in couples who wanted no more chil- estimated as 80. the cheapness of natural 30 1976;:ii:282-3. dren. With other German studies finding family planning, and the acceptability of 31 . 6 "Parenteau-Carreau S. Lanctot CA. Rice FJ. pregnancy rates of 1.8 and 2.3 a study in Etude internationale Fairfield sur 'efficacite de la natural family planning to many cultures general practice in the United Kingdom find- methode sympto-thermique de rigulation des and religions, the World Health Organization 39 3 7 ing a rate of 2.7, and a study among 3003 naissances. Resultats Canadlens compares aux undertook an international study.' -" A il- literate and semiliterate women in India resultats globaux. La Vie Medicale au Canada total of 869 women of proved fertility and 37 Francais 1976:4:145-53. yielding a pregnancy rate of 2.04 the accu- widely varying cultural, educational, and "Billings JJ. Natural family planning. Lancet mulating data confirm that natural family economic backgrounds were studied in five 1976;ii:579. planning can be as effective as any method of centres (Auckland, Bangalore, Dublin, Ma- lMarshallJ. Natural family planning. Lancet family planning. 1976:ii:685. nila, and San Miguel, El Salvador). Regard- IMPLICATIONS FOR THE THIRD WORLD "Billings JJ. Natural family planning. Lancet less of culture and education. 93% of the 1976:ii:969. women recorded an interpretable ovulatory In the WHO study most couples in the "1Marshall J. Natural family planning. Lancet mucus pattern. Of the El Salvador women, three developing countries who practised 1976:ii:1085. 48-1% were illiterate and yet recognized the natural family planning were satisfied with "Reid KM. Choice of method. In: Loudon N. ed. mucus symptoms." the frequency of intercourse, whereas in the Handbook of family planning. Edinburgh: Churchill Detailed analysis in the WHO study con- two developed countries one-third of subjects Livingstone. 1985:25-39. "World Health Organisation. A prospective multi- firmed the potential effectiveness of mucus and half of their partners who practised the centre trial of the ovulation method of natural fam- symptom observation as a means of family method would2 have preferred more frequent ily planning. I. The teaching phase. Fertil Steril planning. The probability of conception from intercourse. It might be argued that natu- 1981;36:152-8. Intercourse outside the period of fertility ral family planning being cheap, effective, "World Health Organisation. A prospective multi- cervical mucus observation was 0-004.24 without side effects, and potentially particu- centre trial of the ovulation method of natural fam- Intercourse on days designated as fertile by larly effective and acceptable in areas of ily planning. II. The effectiveness phase. Fertil cervical mucus observation resulted in con- poverty may be the family planning method Steril8 1981:36:591-8. World Health Organisation. A prospective multi- ception with increasing frequency the nearer of choice for the Third World. The case for centre trial of the ovulation method of natural fam- to ovulation that intercourse occurred, and against this may be argued and debated, ily planning. III. Characteristics of the menstrual intercourse on the peak day of cervical but whatever the standpoint there is no cycle and of the fertile phase. Fertil Steril mucus secretion resulting in a probability of doubt that it would be more efficient for the 1983:40:773-8. November 22, 1993 EXTENSIONS OF REMARKS 32101 cWorld Health Organisation. A prospective multi- expectations of those who elected us to rep- innovative type of recycling program that is centre trial of the ovulation method of natural fam- ily planning. IV. The outcome of pregnancy. Fertil resent them and act accordingly. Perhaps then underway throughout the country: namely, re- Steril 1984:41:593-8. our constituents would reciprocate by raising cycling of drink boxes and milk cartons. - World Health Organisation. A prospective multi- their expectations of us. That would be a fit- A little over 2 years ago, programs to collect centre trial of the ovulation method of natural fam- ting tribute to John F. Kennedy. and recycle drink boxes and milk cartons were ily planning. V. Psychosexual aspects. Fertil Steril 1987:47:765-72. virtually nonexistent. Today, thanks to the ef- cPerez A. Zabals A. Larrain A. Widmer S. Nunez forts of the Aseptic Packaging Council, a trade M. Baranda B. et al. The clinical efficiency of the HELP THE HOMELESS WEEK association comprised of the makers of the ovulation method (Billings). Rev Chil Obstet Ginecol drink box, substantial 1983:48:97-102. progress has been °Rice RJ. Lanctot CA. Garcia-Devesa C. Effec- HON. ALBERT RUSSELL WYNN made toward collection and recycling of tiveness of the symptothermal method of natural OF MARYLAND polycoated paperboard materials. Drink boxes family planning: an international study. Int J Fertil IN THE HOUSE OF REPRESENTATIVES and milk cartons are being collected and recy- 1981:26:222-30. "Barbato M. Bertolotti G. Natural methods for Monday, November 22, 1993 cled from nearly 1,700 schools and nearly 1.8 study. Int J Fertil million homes fertility control: a prospective Mr. WYNN. Mr. Speaker, in the Washington in 22 States. The high quality 1988;33(suppl ):,l8-51. paper fiber recovered from these containers is iFrank-Hermann P. Bremme Metropolitan area, it is often easy to walk by M. Rosmus T. being recycled into a variety of consumer Kunkel W. Use-effectiveness of a symptothermal the homeless on our streets. On November products, including writing paper, paper tow- method in Germany. In: Schaitouits H. ed. Proceed- 20, 1993, the employees of 63 Washington- ings of 4th European congress IFFLP'FIDAF Vienna. els, and area companies walked for the homeless. This napkins. Over 5 million Americans Austria. Vienna: ]nstitut fur Ehe und Familie. have had this recycling program made Help the Homeless walkathon was the cul- avail- 1987:27-15. able to them in just 2 years. 3"Bonnar J. Natural family planning including mination of a weeklong fundraising and edu- In my own State of Texas recycling pro- breast feeding. In: Mishell DR. ed. Advances in fer- cational campaign and their goal is to raise tility research. New York: Raven Press. 1982:1-18. grams have begun in schools in the Denton 0 $500,000 to support nonprofit groups that pro- a Ghosh AK. Saha S. Chattergee G. Independent School District. The Texas Legis- Symptothermis vis a vis fertility control. Journal of vide a range of services for homeless families lature this year recognized the importance of Obstetrics and Gynecology of India 1982:32:443-7. and individuals in Maryland, Washington, and "Roetzer J. Symptothermal methods of natural recycling new materials and passed legislation family planning. International Review of Natural Northern Virginia. In 1988, in response to employees' con- to encourage school districts, universities, and Family3 Planning 1981:5:200-2. other State institutions to separate from the ° Kambic RT. Gray RH. Lanctot CA. Martin MC. cerns about the homeless, Fannie Mae, the Wesley R, Cremins R. Evaluationof naturalfamily Federal National Mortgage Association, initi- waste stream, collect, and recycle drink boxes planning programs in Liberiaand Zambia. Am J and milk cartons. This is important recognition ated the Help the Homeless Program. The Obstet Gynecol 1991; 165:2078. of the fact that there are many materials be- °MFrank-Herrmann P. Freundl G. Burr S. Bremme week prior to Thanksgiving was chosen for yond the traditional glass, aluminum, and M. Doring GI. Godehardt EAJ. et al. Effectiveness Help the Homeless Week because of its sym- newsprint which can and should be recovered and acceptability of the symptothermal method of bolic significance. Since 1988, the Help the natural family planning in Germany. Am J Obstet from the waste stream. Homeless campaign has raised more than S1 Gynecol 1991:165:2052-4. According to a recent article in Waste Age, "Dorairaj K. The modified mucus method in grown into a collaborative ef- million and has there are several reasons why recycling these India.0 Am J Obstet Gynecol 1991:165:2066-7. fort of local community and religious organiza- J. Audit of health services in Gurage. J nontraditional materials has been a successful Kelly tions, Trop Pediatr 1992:38:206-7. schools, and businesses. Employees endeavor and is expanding around the coun- pilot study on from each of the sponsoring organizations "Clubb EM. Pyper CM. Knight J. A try. First, the paper fiber used in drink boxes teaching natural family planning in general prac- raise money during the weeklong campaign planninig: and milk cartons is the highest quality tice. In: Natural family ourren knowledge through activities such as bake sales, silent and new strategies for the 1990s. Washington. DC: postconsumer paper fiber available. It is high auctions, raffles, and basketball and volleyball Georgetown University:1990:130-2. quality fiber in the first instance, does not re- ioRyder REJ. Depares J. Norman C. Walker S. challenges. is Scanlon MF. Ovarian ultrasonography and the preci- This annual campaign has motivated and in- quire expensive deinking since all printing of the symptoms of ovulation. Chin Sci done on the plastic coating and not on paper sion spired Washington area employees to in- 1985:69(suppl12):17P. itself, and is easily recovered using a well crease their efforts on behalf of the area's homeless each year. As the Help the Home- known process called hydrapulping. Paper mills want this type of high value fiber to meet TRIBUTE TO PRESIDENT KENNEDY less Program has grown, additional benefits the new and growing demand for post- beyond raising money have been realized-a consumer recycled content in paper products. of the HON. RICK LAZIO greater awareness of the problems I am encouraged by the realization in some OF NEW YORK homeless and appreciation for the services of- parts of the business community that good en- IN THE HOUSE OF REPRESENTATIVES fered by nonprofit organizations. More than vironmental practices are also good business. is the recognition that Monday, November 22, 1993 anything else, however, I also believe the drink box recycling programs individuals working together can have a signifi- Mr. LAZIO. Mr. Speaker, I was 5 years old throughout the country are an excellent exam- cant impact on their communities. ple of joint public and private partnerships and watching "As the World Turns" with my I would like to take this opportunity to com- needed in recycling. As former Speaker Tip mother when Walter Cronkite broke in with a mend the companies and their employees who O'Neill used to say, "all politics is local." The news bulletin. I was too young to know any- are taking a part in this effort. I especially same is true for recycling. Recycling programs thing other than something tragic had hap- would like to recognize the employees of vary from municipality to municipality and they pened. It was 30 years ago today. Fannie Mae who, 6 years ago, responded to when government, industry and In the years since John Kennedy's life and the needs of our area's homeless individuals work best local citizens work together. promise were taken from us-through the the Home- and families by creating the Help One good example of a successful public/ Vietnam war and Watergate-the American less Program. people have grown increasingly cynical of, and private partnership is the National Recycling in negative toward, its elected officials. the Schools program sponsored by the U.S. Perhaps the reason is that people get what DRINK BOX RECYCLING TOPS 2 Conference of Mayors and the Aseptic Pack- they expect as much as who they elect. My MILLION HOUSEHOLDS-MORE aging Council. Through this program, children theory is that elected representatives tend to THAN 1,700 SCHOOLS ALSO RECY- of all ages are provided first hand lessons in rise to levels consistent with the expectations CLING ASEPTIC PACKAGING environmental stewardship. According to Mr. of their constituents. If people expect their David Gatton, senior environmental advisor at elected representative to be a bum, they will HON. JOHN BRYANT the Conference of Mayors, "Schools are the By creating part- be fortunate to do better. But if they expect a OF TEXAS training ground of the future. nerships with cities, schools districts, and statesman, a genuine legislator, then they IN THE HOUSE OF REPRESENTATIVES have a better chance of getting one. communities, we can expand the recycling of Mr. Speaker, as we think about that fateful Monday, November 22, 1993 milk cartons and drink boxes in a way that en- day 30 years ago, perhaps we should look in Mr. BRYANT. Mr. Speaker, I would like to sures we teach our kids good environmental the mirror and ask if we are living up to the bring to my colleagues' attention a new and habits right from the start." 32102 EXTENSIONS OF REMARKS November 22, 1993 Mr. Speaker, I commend the Aseptic Pack- The questions raised by the survey focus on present limits are effective in the case of indi- aging Council for its voluntary efforts in the the role of political parties in the management vidual contributors, less so for contributions area of recycling and encourage it to keep of the membership and the work of the Con- from party committees, and hardly at all for in- working on this most important issue. Commit- gress. The questionnaire was brief. The spe- terest groups. Asked if public funds should be ment to and progress in this effort can and cific survey populations were: First, the mem- used to maintain specific units of party organi- should be a guide for us as we consider legis- bership of the U.S. Association of Former zation, three-fourths said "Never." However, lation at the Federal level designed to address Members of Congress; and second, in a Democrats were clearly more inclined to favor the Nation's solid waste problems. somewhat less systematic way, those incum- public funds in support of the campaigns of bents retiring from the 102d Congress in 1993. duly nominated candidates. The views of As a group of oft-forgotten experts on the former Members of Congress are the views of FORMER MEMBERS OF CONGRESS workings of Congress, former Members of men and women who have served and who VIEW THE ROLE OF POLITICAL Congress are in a special position to make as- continue to feel concern for their country and PARTIES sessments from experience and with detach- its political system. The findings reveal diver- ment. The center's staff concluded that these sity of attitudes, commentary, and rec- HON. WILLIAM M.THOMAS expert views should be heard in as systematic ommendations on the difficult subject of the in- OF CALIFORNIA a way as possible. stitutional relationship between the party sys- IN THE HOUSE OF REPRESENTATIVES [NOTE.-Ninety-six former Members re- tem and the Congress. Their views are impor- Monday, November 22, 1993 sponded to the mail questionnaire, four of tant data for those seeking to facilitate the Mr. THOMAS of California. Mr. Speaker. I whom wrote extended comments.] work of Congress, rationalize the Nation's pol- wish to share with my colleagues the excep- In sum, those former Members of Congress icy process, make the political parties more re- tionally interesting findings of a survey of who responded to this survey did so thought- sponsible and accountable, and give the citi- former Members of Congress conducted by fully and explicitly. Several broad conclusions zenry a greater influence upon those who the Center for Party Development, a nonprofit may be drawn from their responses to ques- manage its government. research and educational organization associ- tions about specific subjects. On the matter of These objectives are hardly attainable in a ated with The Catholic University of America. the general management of the work of Con- system that fragments the units of political I have the pleasure of serving the advisory gress by the parties, two-fifths considered the power to a degree that far exceeds the sepa- board of the center and was fascinated by the parties' role adequate, but as many as a third ration of power concept of the Founding Fa- information gathered by the study. The report believed the role to be insufficient. Four-fifths thers. From an institutional perspective, the is entitled "Former Members of Congress were satisfied with the way the parties se- U.S. party system and the legislative process View the Role of Political Parties in the U.S. lected their leaders, but only three-fifths were in Congress create an every-person-for-him- Congress", Essay 93-1. Complete copies may satisfied with the agenda-setting function per- or-her-self world. The search for the Holy Grail be obtained by addressing the center at the formed by the parties. As for the issue of di- is simpler than the search for consensus in department of politics, Catholic University, vided government so much lamented by pun- such circumstances. The good news is that Washington, DC 20064. The excerpts that I dits and political scientists, three-fifths of the anyone aspiring to establish a dictatorship in quote are from the foreword and the conclu- former Members dismissed this as an issue. this country would give up the game very sion sections of the report. With respect to the recruitment function of quickly for all the reasons noted here. How- Political parties are the managers of legisla- the parties, more than half of the former Mem- ever, those Americans who wish merely to tive business in most of the parliaments and bers thought that the parties should play a avoid gridlock, discourage greed, promote ac- congresses of the world. When the 102d Con- greater role, although less than a fourth expe- countability, and maintain a rational and vigor- gress of the United States established an Ad rienced important party involvement in their ous system of policy making can see in these Hoc Joint Committee on the Organization of own candidacies. Nearly one-half of the re- findings the dimensions of their task. Congress, the Joint Committee was directed spondents anticipated that party influence in to make a full and complete study of the orga- recruitment would increase if term limits were nization and operation of the Congress and to adopted. As self-recruiters themselves, two- SUPPORT VIOLENCE AGAINST recommend to the 103d Congress improve- fifths strongly disagreed with the suggestion WOMEN ACT ments in that organization and operation with that petition requirements to get on the ballot a view toward strengthening the effectiveness be made more stringent. On the controversial HON. JACK QUINN of Congress, simplifying its operations, improv- issue of term limits, the expectations were that OF NEW YORK ing its relationships with, and oversight of, term limitation would make Members more IN THE HOUSE OF REPRESENTATIVES other branches of the government, and im- representative, create difficulties in their ac- proving the orderly consideration of legislation. quiring expertise, increase the influence of Monday, November 22, 1993 The authorizing resolution, House Concurrent congressional staff, and increase the influence Mr. QUINN. Mr. Speaker, I rise today in Resolution 192, mentioned political parties of the parties in the recruitment of candidates. strong support of H.R.1133, the Violence only in passing. From the perspective of the Who should enunciate their parties' pro- Against Women Act. Center for Party Development, this seemed to gram? The President, if their party holds that It is shameful that so many women fear for be one more reflection of the low esteem in office, otherwise, a titular leader-an office of their personal safety. I am sad to say, Mr. which the political parties of the United States parliamentary systems. Very few picked the Speaker, that no community is safe. are held by many in the Nation's leadership Speaker, majority or minority leaders, or the H.R. 1133 would provide invaluable assist- and citizenry. caucuses for this job. ance and protection to women who have been While the membership of the sitting 103d If nothing else, parties are presumed to be the victim of sexual assault and other physical Congress is able to express its views on party campaign organizations. Yet, nearly 51 per- violence both in the street or on the domestic management of congressional business di- cent of the former Members said that their front. rectly to the Joint Committee, views that are party was very little involved in their own cam- H.R. 1133 will provide grants to States and likely to be somewhat influenced by current paigns. What they found valuable, however, localities for law enforcement, rape and sexual headlines, another experienced and much was the legitimacy lent their candidacy by the assault prevention, and education. New pen- more detached group of experts on this sub- party name and the occasional ability of their alties for these crimes will be created and vic- ject, namely, the former Members of Con- party to provide volunteers for the campaign. tims will have new restitutions and remedies gress, was less likely to be heard. Believing Only about one-fourth thought that the party available to them. that former Members may have useful insights should provide financial support. Mr. Speaker, as the incidence of violence into the role of the parties in congressional Differences appeared on questions dealing and crimes against women rises at an alarm- management, the Center for Party Develop- with finances. There was a 42-42 split on ing rate, we can not stand by idly. ment embarked upon this survey as a con- whether disclosure requirements are now ade- Women are becoming increasingly fright- tribution to the public interest and the delibera- quate or should be more strict. Asked about ened for their safety. It is particularly disheart- tions of the Ad Hoc Joint Committee on the the effectiveness of statutory limits on cam- ening that this fear often occurs in their own Organization of the Congress. paign contributions, a plurality believe that the home. Violence-in any torm-is intolerable. November 22, 1993 EXTENSIONS OF REMARKS 32103 I am proud to support this effori. The per- found in the private sector. Government em- ter to do than scrutinize their tax bills, such petrators of rape and other violent acts against ployees, in most instances, are paid, re- as have a life. women are committing heinous crimes. warded, and even promoted, no matter how MNCPPC swiftly acknowledged a mistake We must get tough on crime and let crimi- poorly they perform or how little they do. had been made. nals know that we will not tolerate their ac- This situation has been highlighted in an in- "Took about a year." Joe Robison says. tions. teresting way by Steve Twomey, in a column in today's Washington Post. I would like to call The commission also acknowledged a simi- lar mistake involving 2,000 homes in Mont- this column to the attention of my colleagues THE CHILD SUPPORT FAIRNESS gomery County and agreed that residents in and other readers of the RECORD. both counties were due a refund. ACT OF 1993 A SOLUTIONTO A TAXINGPROBLEM Three years' worth. (By Steve Twomey) HON. TED STRICKLAND Before getting to my plea for immediate We'll keep the other 12 years of overpay- OF OHIO privatization of government at all levels, let ments, the commission said. because the law provides for a three-year statute of limita- IN THE HOUSE OF REPRESENTATIVES me state that I have absolutely no idea what my county's property tax rate is. Maybe tion on our screw-ups. After that, we're Monday, November 22, 1993 that's just me. but somehow I doubt it. home free. You taxpayers should have been Mr. STRICKLAND. Mr. Speaker, today I am Nor do I know the specific levies for having more vigilant. pleased to join forces with the distinguished my leaves sucked up. my bottles recycled or There you have it. It's our duty to know what I'm assessed as Senator JOHN my fires put out, nor every tax rate, every tax policy and every senior Senator from Ohio, penance for being a white male, oppressor of GLENN,by introducing the House companion municipal, county and state bureaucracy- millions. and apparently every name of every govern- measure to S. 1747, the Child Support Fair- When the annual notice listing all those ness Act of 1993. taxes arrives. I simply check the bottom- ment employee and their favorite colors-all Our legislation would allow the Federal Gov- down where it says kazillions-and proceed to so we can catch the incompetence before the pawn another piece of furniture or my wife, three-year Wheel-of-Misfortune clock ex- ernment to satisfy a valid State court judge- pires. ment against federally forfeited assets of indi- who, incidentally, should be out of hock any day now. I say privatize. viduals who are delinquent in payment of child In other words, I don't curl up by the fire support. to dissect my tax bill. This makes me a less- Government has no incentive to act sanely As in the case of many legislative propos- than-conscientious American, as you shall because we can't fire it. It has no competi- als, this issue was brought to our attention by see. tors. But if MNCPPC were turned over to a constituent who experienced frustration with One day, Joan Robison was curled up with Ford, for example, and Ford then refused to the current system of collecting State court-or- her tax notice. In her family room overlook- reimburse 4,300 wrongfully taxed households. dered child support payments. The former ing the Patuxent River. she was checking we could give it 30 days' notice and hire GM. husband of a woman from Warren County, OH the rates because there was a debate in her Lest you think this is an extreme response was arrested in Hawaii. At the time of his ar- town. Laurel, about whether the tax burden to one small matter, let's look at last week's was greater if you lived in the city or outside headlines about government performance. rest, the former husband was carrying over it, in Prince George's County proper. $50,000 in cash, yet he declared to U.S. Cus- The issue was of more than passing inter- The police chief in the District said crime toms that he was only carrying S20,000. Cus- est to Joan, because she happened to live would be cut if shopkeepers closed earlier. toms officials seized the amount in excess of with one of the chief debaters, the mayor of By staying open into the evening, he said. $20,000. Even though the former wife ob- Laurel, the honorable Joseph R. Robison. they're merely asking for it. sort of like a tained a valid State court judgement for Actually, on that day, Joan was looking at woman who innocently smiles at a drooling $7,660.26 for back child support, she was un- two tax notices, one for their home and one guy. The chiefs statement suggests a ques- for a condo they own in another part of Lau- tion: Don't shopkeepers pay taxes so there able to receive any of the that funds were rel. If she hadn't been looking at the two to- are police to protect them, so they can stay seized by Customs. Under current law, the gether, she might never have caught the mis- open and earn a decent living? If the police Federal Government cannot honor State court take. are unable to do that, maybe we should give judgments unless they are against an agency Among the tax rates listed was one for the the job to a major defense contractor. Com- employee. Maryland-National Capital Park and Plan- munity policing, brought to you by General Mr. Speaker, we need to ensure that in the ning Commission, which handles park and Dynamics. future, any assets that are seized and forfeited planning duties for Montgomery and Prince George's counties. For the Robison condo, A dean at the University of Maryland by the Federal Government will be subject to the rate was listed as 25.4 cents per $100of awarded himself a $12.000 pay raise after valid State court judgments for the payment of assessed value. But for their house, it was being told not to do so. He remains em- delinquent child support. It is time we put the listed as 14.1 cents. ployed. Try giving yourself a raise and see if interests of children first, particularly when Same town, same county, same taxing you remain employed. But if that dean had their supporting parent fails to do so. agency, different tax rates. been an employee of TRW. to whom we had I look forward to working with Senator Joan swung into action, family finances awarded the contract to run the school, he'd GLENN and my colleagues in the House to- being her turf. not Joe's. be history now because company officials "I run the millions." the mayor says, "she ward enactment of this measure which will put would have wanted to preserve their lucra- runs the pennies." tive deal with us. the needs of children before the neglect of de- Nobody Joan reached could figure out what linquent parents. was wrong, not MNCPPC (pure joy. that ac- Seventeen current or former employees at ronym). which spends the money; not Prince the Lorton Correctional Complex were ac- George's County, which collects it for cused of taking bribes and supplying drugs to A SOLUTION TO A TAXING MNCPPC; not the state of Maryland, which prisoners, suggesting the city might be hav- PROBLEM sends out the bills for all taxes. ing problems with its procedures for check- Joe did. though. ing the backgrounds of potential hires. This Because the city of Laurel does its own screening problem would evaporate if Walt HON. JOHN J. DUNCAN, JR. planning, its residents aren't required to pay Disney Co. had a contract to run Lorton. Not OF TENNESSEE the planning part of MNCPBlah-blah's rates. only would the correctional officers become IN THE HOUSE OF REPRESENTATIVES But Joe found that about 2.300 Laurel prop- models of wholesomeness, but Disney might erties-including their condo-were being as- Monday, November 22, 1993 even turn Lorton into a profitable sessed the full MNCPWhatever rate and had fantasyland, the fantasy being that its pris- Mr. DUNCAN. Mr. Speaker, people all over been for a while. oners would be unable to get drugs, sex or this Nation today are fed up with Government. Like, since the Carter administration. money. The overtaxation was not much per house- Our Government has become so arrogant, hold-S30, $40 a year-but during the last 15 I could go on and on about the beauties of wasteful, and inefficient that it is almost unbe- years, hundreds of thousands of dollars had privatizing government, but I see that it's lievable. been wrongly squeezed out of the people of time for my tax-rate study group. Today, The problem is that no real pressure on Laurel. Not one of them had caught the error we're memorizing storm drainage assess- Government employees compared to that because all of them had had something bet- ments. 32104 EXTENSIONS OF REMARKS November 22, 1993 HONORING WESLEYAN energy programs from other DOE programs Nonprofit consortia can be formed to deploy UNIVERSITY over the next few years, consistent with reduc- clean photovoltaic [PV] power in cost-effective ing the overall Federal deficit. utility applications. PV technology has shown HON. SAM GEJDENSON Mr. Speaker, since 1973, Americans have itself to be cost-competitive for a variety of OF CONNECTICUT saved more energy through improved effi- stand-alone applications, and commercializa- IN THE HOUSE OF REPRESENTATIVES ciency than all the increases in production of tion efforts are needed to make it cost-com- traditional sources of energy put together. This petitive with conventional forms of utility elec- Monday, November 22, 1993 is why Congress made energy efficiency the tric power generation. Mr. GEJOENSON. Mr. Speaker, I would like centerpiece of the 1992 Energy Policy Act The United States, through a DOE industry to take this opportunity to commend Wesleyan [EPAct]. It is also why the Clinton administra- partnership program, is the geothermal indus- University for its creation of the Wesleyan strong new emphasis try leader in the world Challenge-an innovative public service pro- tion is already giving a in technology, resource gram which encourages students to become to energy conservation and renewable energy. development, and electric-power generation. involved in their communities. Each year three Funding efficiency measures and renewable Advances and commercialization of geo- high school sophomores or juniors, from energy, as the resolution urges, will also yield thermal technology can further increase ex- across the United States, will be selected by these benefits: ports to the Pacific rim and Central America. a review board including Mr. Eli Segal, Presi- Save consumers and businesses money, by One project now planned for the Philippines dent Clinton's Director of National Service, to limiting wasted energy. will account for over 400 megawatts of clean participate in this worthy program. Reduce our dependency on foreign oil im- power by 1997. Wesleyan University's administration has ports, and reduce the U.S. trade deficit which Many ventures have already been formed to successfully encouraged its own students to is partially caused by these imports. develop technologies needed for clean cars, become interested in community projects in technological advances in energy effi- and around the Middletown, CT area and I am Spur more fuel-efficient cars, and electric vehicles. pleased that the institution has designed a cient equipment and renewable energy, which These can reduce our oil import dependency program to advocate this activity in our Na- can increase existing markets and create new and will be needed in any event to satisfy tion's high school students as well. I believe high-tech markets over the next 20 years, as tough new air pollution rules coming into effect this program promotes the important concepts well as high-paying U.S. jobs to supply them. over the next few years. of social responsibility and community service Help meet the President's Climate Change Mr. Speaker, my resolution has been lauded in a fun and educational manner. Action Plan [CCAP], which seeks to reduce by the Clean Energy Campaign, an effort sup- Students must design a summer service global warming potential by stabilizing green- ported by numerous groups which seek to re- project complete with goals, cost estimates, house gas emissions at their 1990 levels. align DOE budget priorities to more effectively and supporting organizations in their commu- For too long, cost-effective efficiency and re- nities. Wesleyan Challenge participants will re- support renewable energy and energy con- ceive a grant of $2,000 to implement the ven- newable energy initiatives have taken a fund- servation technologies. I appreciate their ef- ture. In addition, they will be awarded $3,000 ing back seat, while other energy options re- forts to seek cosponsors for the resolutions, for use toward college tuition at the institution ceived most of the attention. Shifting priorities, and also commend the support and work of of their choice. I am enthusiastic that not only as the resolution urges, will give long overdue my cosponsors on this measure, Mr. SWETT, does this program encourage young people to consideration to a wide variety of different re- Mrs. MORELLA,Ms. LAMBERT,and Mr. BOEH- find ways to help their communities, it also newable and efficiency programs. LERT. provides a foundation for these students to Here are some examples: pursue higher education. I want to stress that funding for our new A 30-percent renewable energy goal for al- budget priorities will not simply come from I strongly urge all high school students to in- ternative fuel cars, running for example on vestigate this worthwhile program and I again other energy areas_ In fact, funding can and commend Wesleyan University for introducing ethanol or ethers from biomass, is set by the should be shifted from all DOE programs, es- the Wesleyan Challenge. EPAct. A variety of new conversion processes pecially including defense programs. now under study could provide greater vol- Finally, I urge my colleagues on the Hill and umes of these replacement fuels at lower in the administration to consider supporting LEGISLATION INTRODUCED URG- prices, to help meet this goal. these new budget priorities in the coming ING INCREASED RELIANCE ON The Green Lights Program, an EPA pro- months by their cosponsorship, their actions ENERGY CONSERVATION AND gram to install energy efficient lighting wher- and their votes on the various budget resolu- RENEWABLE ENERGY ever it is profitable and only where it maintains tions, appropriations bills, and authorizing leg- or improves the quality of light, can help meet islation we will have before us, in order to HON. PHILIP R. SHARP our global warming commitments. If every or- achieve our goals. OF INDIANA ganization participated in the Green Lights IN THE HOUSE OF REPRESENTATIVES Program, the resulting CO, emission reduc- Monday, November 22, 1993 tions would be the equivalent of taking 43 mil- TV RESPONSIBLE FOR FEAR AND LOATHING OF NAFTA Mr. SHARP. Mr. Speaker, I am pleased lion cars off the road. today to introduce legislation which calls for Upgrading appliance efficiency and building sharply increased reliance by the U.S. on en- codes established under the EPAct, with tech- HON. MICHAEL G.OXLEY ergy conservation and renewable energy over nical assistance and incentive funding as a OFOHIO the next 15 years. To do this, it urges a major carrot to go with the stick of the new require- IN THE HOUSE OF REPRESENTATIVES ments, will add to previous savings. The origi- budget shift-a major reallocation of DOE en- Monday, November 22, 1993 ergy R&D and commercialization funding to- nal appliance standards passed by Congress ward efficiency and renewable energy. are expected to save the equivalent of the out- Mr. OXLEY. Mr. Speaker, I would like to call Among the benefits of this new direction are put of 28 large, 1,000 megawatt powerplants. your attention to and submit into the RECORD less energy-related pollution, added jobs in ef- New and innovative wind energy tech- an article in the November 22 edition of the ficiency and renewable technologies, more re- nologies have been proven technically feasible Washington Post, entitled: "TV Has A Lot To sults from limited Federal dollars, and en- and cost-effective. Industry cost-shared pro- Do With Fear and Loathing of NAFTA." It is hanced U.S. international competitiveness. grams can help commercialize wind energy as an excellent analysis of the distortion of reality The three basic purposes of the resolution a large-scale source of electric generation and and cynicism which shades broadcast tele- are to: can minimize the expenditure of Federal dol- vision's coverage of current events. First, increase U.S. energy efficiency and lars, thus providing a good return to the tax- [From the Washington Post, Nov. 22, 1993] reduce energy use by 30 percent by the year payer. TV HAS A LOT TO Do WITH FEAR AND 2010. The Federal Energy Management Program LOATHING OF NAFTA Second, have renewable energy tech- [FEMP], a program to increase cost-effective (By James K. Glassman) nologies account for 20 percent of the overall energy efficiency in buildings and facilities of The source of NAFTA's close call this week national energy mix by 2010. the Federal Government, could save about a was a kind of national economic paranoia, Third, achieve these goals by shifting $1 bil- quarter of annual Federal energy spending on which, recent research suggests, may have lion to efficiency, conservation, and renewable buildings. its roots in network television. November 22, 1993 EXTENSIONS OF REMARKS 32105 The thrust of NAFTA is to bring Mexico's and NAFTA foes "are most likely to rely on PENSION BENEFIT GUARANTY higher tariffs down to the level of our own [network] TV for their news, not on the New CORPORATION [PBGC] REFORM (i.e., about zero). Since the engine that's York Times or the Washington Post." LEGISLATION been driving the U.S. economy for the past decade is exports, to kill a border-opening TV watchers have been getting a steady deal like NAFTA would be to kill the goose dose of doom and gloom. Smith's study for HON. MARGE ROUKEMA that's laying lots of golden eggs. the Media Institute found that from 1982 to OF NEW JERSEY But, if you believe-as millions of Ameri- 1987. a total of 4,500 stories out of 5,300 had a IN THE HOUSE OF REPRESENTATIVES cans do-that this country is on the edge of negative tone. Lichter's research found that Monday, November 22, 1993 economic disaster, opening borders can be from October 1990 to May 1993. of the 2,100 frightening. The overblown fears of these speakers who evaluated the economy on Mrs. ROUKEMA. Mr. Speaker, the funding Americans provided fertile ground for Ross evening newscasts. 86 percent were problems of our Nation's pension system, and Perot and for union leaders with a distinct naysayers. the Pension Benefit Guaranty Corporation aversion to competition. And TV appears to be nonpartisan in its [PBGC] in particular, are growing and require But in the face of hard facts that show the pessimism. This spring, with Clinton in the immediate attention. In addition to the interest U.S. economy looking solid, how did Ameri- White House. TV evaluations of the economy taken by the Ways and Means Committee on cans get so scared? were 92 percent negative, say the authors. this One compelling answer lies in the pathetic issue, my subcommittee on Labor-Man- inadequacy of network television reporting TV defenders reply that news, almost by agement Relations of the Committee on Edu- on money matters. An article in MediaCritic, definition, is the bad stuff-or, as Irving R. cation and Labor has held a number of hear- a new publication of the business magazine Levine of NBC put it: "For producers and re- ings to examine the nature of PBGC's prob- Forbes, concludes from two studies of more porters, bad news is good news." But the re- lem. the extent of the problem, and the rem- than 17,000 TV stories that "the three net- sult of negative reporting is a lopsided, inac- edies needed to fix that problem. works consistently do a poor job of reporting curate view of the economy-a view that, as The hearings by the subcommittee on economic developments." That may be put- we saw in the NAFTA debate, can affect pub- Labor-Management Relations adequately ap- ting it mildly. lic policy. prised us of pension plan underfunding, pro- One of the authors, Ted J. Smith of Vir- Besides, sportscasters don't give the score jected PBGC deficits, hidden pension liabil- ginia Commonwealth University. says that only when the home team loses, and the television news is responsible for "a sort of ities, and the decline in the number of defined weather report isn't broadcast only when benefit plans. in the words of the PBGC Exec- hysteria about jobs that is totally out of rain is due. touch with reality." utive Director, Mr. Martin Slate, the PBGC def- In fact, many Americans will be surprised No wonder so many Americans think their icit will grow and grow ii no action is taken to to learn that, since the election of Bill Clin- economy stinks. The facts, however, are address the chronic underfunding of a signifi- ton a year ago, the United States has scored quite different, particularly when you look cant and concentrated minority ot defined ben- a net gain of more than 2 million jobs. at the rest of the world: efit pension plans. With PBGC's single-em- But such facts don't make good television, Growth in the United States for the year is ployer fund at a deficit of about $2.7 billion, a medium that's strong on drama but weak higher than in any large industrial nation legislative action is urgently needed. Other- on numbers. Smith and his coauthor, Robert except Australia. Our gross domestic product wise, the problem will become worse and the Lichter of the Center for Media and Public is up 2.8 percent while Japan's is down 0.5 Affairs, found in their research that "only solution will only become more difficult. percent. The GDP of Germany is off 2.4 per- On Thursday, October 28, the administration about half of all economic stories [on the cent. France 1.5 percent, Sweden 4.2 percent. networks] contain statistical information." introduced the Retirement Protection Act of Worse. they write. TV treats minor fluc- The U.S. unemployment rate is 6.8 per- 1993, H.R. 3396, to reform the PBGC and our tuations in economic data "as harbingers of cent-still too high, but down from 7.4 per- Nation's defined benefit system. I want to doom, and actual economic problems are de- cent a year ago. In every European country, commend the administration for recognizing scribed in terms of crisis and catastrophe." as well as in Japan, unemployment has risen the urgency of the problem, for bringing all And. whether the economic news is good or over the past year. The rate in Britain is 10.3 types of pension experts together to examine negative. percent, Germany 8.8 percent. Italy 11.2 per- bad, TV coverage is relentlessly the from Holmes Brown, whose Institute for Applied cent. France 11.8 percent. problems, the Department of Labor, Economics conducted a study in 1983 (a year Department of Commerce, Department of I just returned from France, and there un- Treasury, and the Office of Management and in which the economy grew by 4 percent), de- like in the United States, economic paranoia scribed a typical piece: Budget, and for creating a framework that can is fully justified. Industrial production has help the The Labor Department releases figures dropped 2.9 percent (in the United States, it's Congress fashion a permanent solu- showing that unemployment is down, but the up 4.5 percent), and the French auto indus- tion that will put the PBGC on solid financial anchorman warns that pockets of joblessness try, with sales down 17 percent, is suffering ground while securing the pensions of the with "a still exist. Then, a reporter follows its worst year since the oil crisis of the mid- American worker. depressing feature on some forlorn guy in 1970s. In our subcommittee, we heard witnesses Ohio who was about to commit suicide be- from every persuasion urging the Congress to cause he couldn't find work. By the time Bernard Kaplan. writing recently in the viewers got through watching it they forgot Hearst newspapers, quoted a French econo- take deliberate steps that will achieve a care- all about the fact that the unemployment mist as saying. "Americans have received a ful balancing of the need to shore up the rate went down Instead of up." grossly distorted picture of their economic PBGC while still encouraging the continuation While the groups that back these studies condition." of the defined benefit pension system. I be- are often linked to conservative or pro-busi- And television is the culprit, along with lieve what's at stake here is the health of the ness causes, their conclusions appear sound politicians who exploit its images. voluntary pension system and, in particular, to practically anyone who watches television the support in this Congress for defined bene- and follows economic data. The truth is that, compared with Europe fit pension plans. and Japan, we've got it pretty good right "I don't have any problem with those find- As we proceed to fashion an appropriate ings," says William Adams, a professor of now, and one big reason is that we've finally public administration at George Washington come to understand that our internal mar- legislative solution, it might be said that we University who also monitors the media. ket is no longer enough, especially as the are engaging in a very delicate operation. Cer- "If Dan Rather had been around on the day world-yes, including Mexico!-is getting tainly we want to assure the Federal taxpayer Ben Franklin discovered electricity," Adams richer. that the PBGC program will never require their says. "he would have started his broadcast Over the past seven years, the volume of assistance like the saving and loans did. by saying, 'Horrible news today for Ameri- U.S. sales to foreigners has risen an astound- Also, we need to exercise caution regarding ca's candlemakers... '" ing 85 percent-more than any other major any increase in the premiums on well-funded Newspapers do a far better job covering the industrial country. In 1992, for example, we pension plans, or we risk the continuance of economy than the three networks, and CNN the very plans we need to keep the PBGC on and PBS both have excellent 30-minute exported $39 billion in aircraft, S38billion in nightly business programs. But the audi- cars and trucks, $18 billion in power genera- a self-financing basis. By avoiding any in- ences for these media tend to be well-edu- tors. $6 billion in tobacco products and $3 bil- crease in the flat rate premium, the adminis- cated, well-off and relatively small. lion in fish. tration bill recognizes this principle. Lichter points out that surveys show that And there's a lot more business where that There are other facets to this complex prob- NAFTA attitudes are "stratified by class," came from. Trillons more. lem that we will have to address in crafting a 32106 EXTENSIONS OF REMARKS November 22, 1993 solution that will withstand the test of time. Of form must include a remedy for excessive It has been a pleasure to work with and to critical importance, the administration's PBGC worker's compensation insurance premiums. know Pat, and I wish her the best of luck in we pay $7,500 reform legislation recognizes the severe prob- As a low risk retail operation, her newest adventure. per year. We have had zero claims in 5 years. lem of chronic pension plan underfunding, and This area seems like it must be a "cash cow" A QUARTER CENTURY OF POLITICS thus requires underfunded plans to be funded for insurance companies. I realize that there (By Pat Keeble) faster. are dangerous occupations, but bookselling My first day of employment with Lesher Retirees and taxpayers are at risk if our Na- is not included in that category. newspapers March 13. 1967, I was assigned to tion's pension system is left unchanged. If leg- Currently, we pay 50% of our full-time as- report on the Concord City Council meeting islative action is not taken, the risks and sociates' health care premiums. We insure for the old Concord Daily Transcript. That's losses will increase. For this reason, I urge my through Fortis Benefits. We chose a higher when I first met then-Mayor Dan Boatright. co-pay- colleagues to focus on this important issue deductible plan that offers a $10.00 The same Dan Boatright, who went from ment for office visits. Our share of this bill there to the Assembly and the state Senate, and examine the administration's PBGC re- is $15,600 and our associates pay the equiva- form proposal so that remedial legislation can is the only politician I have covered who has lent amount. Under the proposals I have seen been active my entire career. Many others be enacted in a timely fashion. recently, we would be paying $28.646 or 84% have come and gone, but I was covering poli- more than we pay now! tics for Lesher newspapers before any of the As I stated earlier, we don't have much at HEALTH PLAN WILL others came on the scene. CLINTON the end of the year anyway. Where is this ad- I covered Concord city politics until I HURT SMALL BUSINESS ditional revenue supposed to come from? transferred to Martinez to cover the county. Small business is responsible for most of the Other reporters on the Times and Transcript stimulus behind our modest economic HON. THOMAS W.EWING growth. If "smalls" are put out of business covered the big-time politics, the Democrats OF ILLINOIS because of health-care legislation, are we to and Republicans, the state legislators and IN THE HOUSE OF REPRESENTATIVES congressmen. turn to firms like IBM for jobs? As you know Then I drew the short straw to work on Monday, November 22,1993 large companies are cutting payrolls every single day. We need the precious little we New Year's Day 1969.That usually amounted Mr. EWING. Mr. Speaker, I would like to earn to pay off loans, to pay income tax and to a quick check of the Sheriff's Office and bring to the attention of my colleagues a letter if there is any left, to reinvest in equipment police department, a couple of small stories I received from my constituents, Brandon and and inventory. and you could go home. But at about 1:45 Susan Griffing, regarding the impact of the My wife and I quit our corporate jobs 6 that morning, State Senator George Miller, Jr. had died of a heart attack at his Alham- President's health care reform and the impact years ago to open our store. We have in- vested a lot of money and time into our busi- bra Valley home. I was assigned to cover the it would have on small businesses. We need story. The next day I told the editor there to realize that small businesses produce 9 out ness. We have two children who depend on us to make a living. Our staff depends on us to was a lot of talk already about who might of 10 new jobs in America and keep this in live. We love what we do. and most days we replace him. I figured more experienced re- mind during the health care debate. look forward to getting to the store to begin porters who had been there long would glom PAGES FOR, ALL AGES BOOKSTORE, each day. However, what we don't need are into the assignment. But suddenly all those Champaign, IL. more government regulations and a huge fi- who had been covering politics had gone, and DEAR CONGRESSMAN EWING: I am writing nancial burden heaped upon us by our gov- no one else wanted to do it. Did I want to do this letter to you because I am a small busi- ernment. I want legislators who are throw- it, I was asked. ness owner who is very concerned about the ing around percentages of payroll to sit down Did I! What does anyone go into journalism proposed health-care legislation. My wife with a real life P&L and show me how I can for but to cover politics? The subsequent and I own a bookstore in Champaign, Illi- make it work. We already pay $55,406 in pay- campaign was one of the wildest I've ever nois. We currently employ 43 people. We roll taxes, and $7,500 in worker's compensa- covered. District Attorney John Nejedly im- work at the store daily bringing the total to tion insurance. We cannot keep paying for mediately announced he would seek the Re- 45. I am distressed that no discussion has more and more and more. There is a very publican nomination. There was another Re- even mentioned average or "normal" indus- real limit to what we as a retail business can publican, a Peace and Freedom Party can- try profit margins as a factor in deciding pay and survive. That limit is staring us in didate, an American Independent Party can- how much a business should contribute. Our the face. didate, an independent and 10, count 'em, 10, industry is dominated by chain operations. I understand that cost shifting and the Democrats. The average profit margin in our industry is massive amount of waste in our health care The Miller Democrats, headed by Bert hovering around 1.4% (before income taxes; system are problems that must be rectified, Coffey, had tried to get Miller's widow Doro- please see documentation from the American but. for heaven's sake, please don't eliminate thy to run but she wasn't having any of it. Booksellers Association). People scream an entire retail industry. Interestingly The next in line was George III, then 23 years bloody murder when their CD rates are earn- enough, I used to sell surgical supplies in my old and a law student. He agreed to run and ing below 4%, yet we are supposed to try to former vocation. I was always amazed at the was challenged by Supervisor Tom Coll. who compete with a rate of return that is half wealth of people like Leon Hirsch of U.S. was supported by Rep. Jerry Waldie of Anti- that amount. We are competing against Surgical Co.. one of the wealthiest men in och, who had never gotten along with the large chain operations that receive all kinds America. Every business, if run efficiently, Miller-Coffey crowd. Banker Pete Stark, of margin enhancing benefits that we as should be able to earn a reasonable rate of then of Danville, finished third in his first independents do not receive. Any kind of return on investment, but maybe the excess race for a congressional seat. meaningful dialogue and legislation that re- of these companies would be a place to start My most vivid memory of that campaign sults from it must include industry standard in the overhaul of health-care costs. was of a young, somewhat forlorn George next margins as a major component. As inde- I am pleading with you to come up with re- Miller at Sunvalley mall, standing at the end pendent booksellers. we do not list extrava- sponsible legislation. Families and individ- of an escalator trying to get people coming gant luxuries as part of our financial state- ual's livelihoods are in your hands. off it to take his literature. He wasn't having ments. No independent bookstore owner ever much luck. bought a professional sports team or private He won the nomination, but got creamed jet with revenue earned from her or his TRIBUTE TO PAT KEEBLE by Nejedly in the runoff. No one figured he store. We are just trying to pay the bills and was finished in politics, however. When compete with the chain operations. With HON. WILLIAM P. BAKER Waldie left his seat five years later, Miller 1.4% as our average margin, we have no room OF CALIFORNIA was an obvious candidate and he won hand- for any additional expenses. Our products are IN THE HOUSE OF REPRESENTATIVES ily. priced for us by the publishers, with the re- During the early 1970s, a young, skinny tail price being printed on the book jacket. Monday, November 22, 1993 guy with big glasses became executive direc- Our industry is also very labor intensive. Mr. BAKER of California. Mr. Speaker, I rise tor of the Contra Costa Taxpayers Associa- There is no practical way to automate the today to enter into the RECORD,the last col- tion, which had its offices across the street receiving and stocking of books. So, the umn by legendary Contra Costa columnist Pat from ours on Main Street in Martinez. Bill combination of high labor costs and low mar- Baker loved to talk politics, so it was natu- gins means that taking a percentage of our Keeble. She is hanging up her press pass and ral that he struck up a friendship with the biggest expense item would be devastating to entering a new career. press and a number of us frequently dined to- us. Pat has been a friend for over 20 years, gether at the old Amatos. So he wasn't un- I also believe that any dialogue and even- covering county and local politics, telling it like known to us when he ran for and won his As- tual legislation relating to health-care re- it is. sembly seat in 1980. November 22, 1993 EXTENSIONS OF REMARKS 32107 The Board of Supervisors in those days was Conclusions: The targeted voice on Control him twice brandish his weapon and those a Good 01' Boy board. In 1976, when environ- 1 & Control 2 appears to be thie same. There were joint investigations with the Drug En- mentalist Nancy Fahden got mad enough not are similarities in pitch, qua lity, rate of forcement Administration. I also recall a to take it anymore and ran against Al Dias, speech, mannerisms, amplitude, accent, and conversation with Special Agent Richard I didn't think she could overcome the poli- other unique factors. The voicce on the Un- Lauria of the Immigration Service in which tics-as-usual campaigning. With her Mar- known tape is speaking in a slow, affected Mr. Lauria conveyed to me the understand- tinez Women for the Waterfront and a West manner and is somewhat slu rred. (In my ing that Special Agent Stafford Williams had County environmental coalition, she became opinion, this is possibly due to the influence made false statements during his testimony the first woman on the board. of drugs or alcohol.) By digitall y speeding up at the trial of Joseph Occhipinti. Then there's Sunne McPeak. I told her she the voice while maintaining its proper pitch. MICHAELCAPASSO. couldn't beat Warren Boggess in 1978, that I was able to better match the rate of speech "the establishment" would give him all the of Control 1 & 2 as demonstrat ed by the en- State of New York, County of Orange. money he needed. She forced a run-off with a closed audio tape. John M. Hickey, being duly sworn, deposes true grassroots campaign using people in- Similarities do exist between the voice on and says: stead of money, and the rest, as they say, is the unknown tape and the voic es on Control 1. I was formerly employed by the New history. 1 & 2. Pitch, quality, mannerisnms and accent York City Police Department. I retired in It was a time when the whole of local poli- are similar. October 1989. tics was changing, with younger, activist I would need to take a Voicee exemplar of 2. At the time, I was employed as a detec- candidates wanting to get rid of the Old Boy the person on the unknown taepe saying the tive, assigned to the Manhattan North Homi- network and force government to change. exact words that were said on the unknown cide Squad. I was assigned to the Buczek They did that. Now, they are the Old Boys tape. A comparison then couldI be made to homicide and related drug investigations. and Girls, burning out perhaps, certainly provide a determination of iderntification or 3. During the performance of my duties, I being challenged by a new generation. elimination. became acquainted with Joseph Occhipinti. The Board of Supervisors got two new Respectfully Submitted 4. Mr. Occhipinti's actions in visiting var- members last year and will get at least one TOM OWEN. ious bodegas arose from the Buczek homi- new one in 1994.Bill Baker went up a step to cide/Freddy Then drug cartel investigations. 5. Mr. Occhipinti went to these bodegas Washington, with Dick Rainey taking his CI: Hey Jose how are You? Where have you seat and looking toward the state Senate in with the full knowledge and concurrence of been? I've been around looking for you. You the New York City Police Department. 1996, when most of the rest of our legislators haven't been around any of the restaurants. must find new jobs, thanks to term limits. 6. In fact, in doing so, Mr. Occhipinti was What's your last name? pursuing leads and information provided to As we head for the big 2000, all sorts of Prado: Prado, Jose Prado. changes are in store. him by the Police Department. Another de- CI: I've been having problems here with a tective, Detective Hildebrandt. gave him a Why the nostalgia now? Because this writ- couple of police officers, asking questions er is making a change, also. This is my last list of bodegas, which Mr. Occhipinti ulti- and I was wondering if you can help me. I mately visited. column for the Times. I'm moving on to want to know about the Inspector from Im- other challenges. 7. We believed that many of these bodegas migration. were owned and/or controlled by Freddy During all this time trying to keep up with Prado: He gave us money to carry false in- the politicians, what has made it more than Then and that they were havens for illegal formation against Occhipinti. They only paid activity. worthwhile has been by readers. I've very me $35,000. much enjoyed the feedback, which let me 8. Mr. Occhipinti's visits to these bodegas CI: Now you went to court and made false were not unilateral acts on his part; but were know I passed on a little bit of knowledge accusations and so they kicked all of you out here and there they might not have gotten undertaken with the full knowledge and con- for giving false statements? currence of the New York City Police De- otherwise. Thanks to all of you. Keep pass- Prado: Yeah we gave false statements and ing on our motto: If you don't vote, you partment. they - because none of it was true. OK now, JOHNM. HICKEY. can't complain. you've asked me that question too many times and your asking too many questions. Elias gave you all that info already KEY DOCUMENTS PROVE INNO- QUESTIONS TO ASK ABOUT THE CI: What else happened, explain to me? PRESIDENT'S HEALTH PLAN CENCE OF JOSEPH OCCHIPINTI When you went to court to give false state- ments, who was there? HON. JAMES A. TRAFICANT, JR. Prado: Elias, Altagracia, Rhadame HON. PHILIP M.CRANE OF OHIO Liberato, and a few others. OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES CI: Damm shit, he fell into the trap, the IN THE HOUSE OF REPRESENTATIVES federal agent and then he got fired. Monday, November 22, 1993 Monday, November 22, 1993 Prado: There was proof that it was all false Mr. TRAFICANT. Mr. Speaker, as part of statements in the testimony, but you see we Mr. CRANE. Mr. Speaker, the Ways and my continuing efforts to bring to light all the were to many witnesses and everything was Means Committee, of which I am a member, facts in the case of former Immigration and done for money. has held a series of hearings this fall to try to CI: You know I forgot to ask you who was Naturalization Service agent Joseph sort out the details of President Clinton's im- the one who paid you money to testify in the health care reform plan. At hearing Occhipinti, I submit into the RECORD additional court? mense it has been very dif- key evidence in this case. Prado: You know, Jose Liberato? after hearing, however, ficult to get complete answers to questions OWLINVESTIGATIONS, INC., CI: He's the head honcho? Bowling Green, KY, August 4, 1982. Prado: Yes, he's the one that's in charge. about the intricacies of the President's pack- Re voice identification, aural and spectro- CL: Goodbye! age. In an article from the November 4, 1993 graphic examination of client supplied issue of the Chicago Tribune, Joan Beck known and unknown tapes. STATEMENT OF MICHAEL CAPASSO TAKEN ON poses a number of such unanswered ques- JULY 9, 1992 RAY HAGEMANN, tions that challenge the ability of the Presi- Attorney at Law, City of New York, Borough I am currently an agent with the U.S. Drug dent's plan to achieve its stated goals. I urge Hall, Staten Island, NY. Enforcement Administration (DEA). Prior to my colleagues to read and consider these Tapes: Realistic MC90 #52101 AM; Maxell my employment with DEA, I was an Agent questions and to support alternatives that with U.S. Immigration & Naturalization XLII 90 #E3015383; Sony MC60 #A1517221 would strengthen the private sector's ability to UNK. Service, also as a Special Agent, from June Summary: Mr. Hagemann's office supplied 1988 to April 1990. I worked under the super- expand coverage and contain costs. tapes of a known suspect which were re- vision of Supervisory Special Agent Joseph CLINTONHEALTH PLAN RAISES QUESTIONS, corded by an informant. These were labeled Occhipinti. Through my service of employ- OFFERS FEW ANSWERS Control 1 and Control 2. I was asked to com- ment I, along with Joseph Occhipinti and With its 1,342 pages of legislative legalese, pare a voice on Control 1 and Control 2 to others, conducted upward of 50 consensual President Clinton's new "Health Security each other, to see if they were the same searches and at no time was a search of a Act" may be the most complicated bill ever voice and then compare that voice to a voice home or business made prior to the consent introduced in Congress. on the Unknown tape. of search being properly signed. Several of Even so, it leaves a slew of questions unan- Examination: The examination consisted these searches were part of Project Bodega. swered about what it will do to our lives, our of critical listening, spectrographic analysis, In approximately two years of working with health, our taxes, our economy and our na- and aural identification. Mr. Occhipinti I personally had seen only tional debt. 69-059 0-97 Vol. 139 (Pt. 22) 38 32108 EXTENSIONS OF REMARKS November 22, 1993 For starters, here's a sampling: such as Ross Perot-be more concerned Jeff Peters has not neglected his academic 1. Can a 1,342-page law be understandable about the deficit dangers of the health care efforts while he has pursued his other inter- not only to members of Congress who must plan or the new taxes it may require? ests. He has received the American Revolu- pass it, but to the bureaucrats who must ad- 11. How will cost controls on insurance pre- tion Award and a biology academic award. In lives will miums, fee schedules, budget caps and global minister it and to the public whose addition, Jeff has been an honor student at depend on it? Or is the administration creat- budget requirements actually work? What ing a new IRS-type monstrosity that will the administration is now proposing-after LaSalle High School for 12 out of 13 academic make today's health care mess look like Tid- backing down some under fire-is essentially quarters. dlywinks? price controls. And price controls are inef- I am proud to salute Eagle Scout Jeffrey 2. Conventional wisdom holds that run- fective in the long-term, create shortages Peters and congratulate him, his parents, and away health care costs are due in large part and could lead to rationing. his scout leaders on his accomplishment. to economic incentives for physicians and 12. What will be the effect of the squeeze on hospitals to treat patients more than nec- high drug prices the Clinton plan calls for? essary. But isn't there a danger the cost-con- Will what are essentially price controls cut PRESIDENT CLINTON'S HEALTH taining incentives in the Clinton plan will into the ability of pharmaceutical companies SECURITY ACT make it profitable to undertreat patients- to carry on research and development new with some dangerous consequences? medications that could reduce the cost and 3. How can taxpayers believe the cost esti- improve the outcome of treating many ill- HON. AL SWIFT mates in the Clinton plan are reasonably nesses? OF WASHINGTON correct? The Federal government, after all, 13. Isn't it unrealistic-and dangerous-to IN THE HOUSE OF REPRESENTATIVES has been horrendously wrong in costing out try to hold health care to the rate of infla- other health care plans. For example, the tion, as Clinton proposes, when the aging Monday, November 22, 1993 End-Stage Renal Disease program that pays population with their increased needs for Mr. SWIFT. Mr. Speaker, a few months ago for kidney dialysis was projected to cost $250 care is growing rapidly, when new tech- President Clinton came before the Congress million annually in 1977, five years after its nology can help cure illnesses and relieve and the American people to share his very se- start-up; in 1991, the bill came to $6.6 billion. suffering and demands are escalating for bet- 4. What confidence can we have in Clin- ter treatments for such diseases as breast rious concerns with our Nation's health care ton's assertions that more efficient adminis- cancer and AIDS? system. A few weeks ago the President un- tration will cut costs enough to pay for 14. How can we be sure the heavy hand of veiled his specific plan on how he hopes to much of the expanded coverage? As Vice government won't stifle and do harm to what cure what ails our current system. Today the President Al Gore pointed out several weeks is now the best medical care in the world and distinguished majority leader from Missouri, ago, federal regulations generate tons of ex- that medical innovation and discovery will Mr. GEPHARDT,will officially introduce Presi- pensive, unnecessary paperwork. Will the still flourish? dent Clinton's Health Security Act and I am health plan do better, even if it is run by the 15. Is there really an emergency in health pleased to be an original cosponsor. states? Medicaid-at least in Illinois-is so care that justifies such a sweeping new poorly managed that cheating, over-billing, power grab by the federal government and I and many of my colleagues have been unnecessary care and other abuses are ramp- such incalculable risks to the nation's econ- troubled by the tremendous problems that ant and unlikely to be weeded out. omy? Can't problems in the current system plague our health system. First, it costs too 5. Won't the requirement that employers be fixed by clearly targeted, evolutionary much. It costs too much for individuals, fami- provide health insurance for workers carry improvements? lies, business, and government. We are built-in incentives for small businesses to re- Congress is expected to debate for at least spending more on health care than any other duce their payrolls and hesitate to take on several months about the Clinton plan, as it industrialized country in the world and unless new hires-even with the subsidies the Clin- should with legislation that will affect all of the Congress takes action, it will continue to ton plan promises? Since small businesses us so intimately and will be so disruptive of generate a majority of new jobs, won't this a major economic sector. At the very least, cost too much. For example, it is estimated increase the rate of unemployment? voters should insist on credible answers to that by the year 2000, almost $1 out of every 6. If a big majority of Americans are satis- questions like these. $5 earned by Americans will go to health care fied with their current health care, why spending. And if current spending trends con- should they take on the risks and complica- tinue, health care costs will consume 19 per- tions of the Clinton plan, especially when 40 EAGLE SCOUT JEFFREY D. cent of our country's gross domestic product percent of people will be paying more (some PETERS by the turn of the century. will get lower deductibles) and 15 percent As costs continue to spiral out of control, will pay more and get less coverage? 7. How can using $140 billion in cuts in fu- HON. DAVID MANN people-families-are losing access to our ture Medicare spending to finance the health OF OHIO health care system. They are losing access care plan be justified when Medicare reim- IN THE HOUSE OF REPRESENTATIVES because their health insurance premiums have bursements are already so low that some el- risen 30 percent in the last year. They are los- derly people have trouble getting care? Why Monday, November 22, 1993 ing access because the advances in medical should those over 65 have to stay in Medicare Mr. MANN. Mr. Speaker, I rise today to rec- technology are enormously expensive. They when it will provide fewer benefits than ognize Jeffrey D. Peters for earning the Boy are losing access because of a pre-existing health plans for younger people? from changing 8. Who is going to pay for health care for Scouts of America's rank of Eagle Scout. Very condition which prevents folks the nation's 3.2 illegal immigrants, for whom few Scouts reach this goal. The award will be jobs or even getting health insurance in the the Clinton plan provides only an inadequate bestowed at a special Court of Honor Cere- first place. Right now, in my home State of $1 billion a year for emergency treatment? mony on December 5, 1993. Washington, 40,000 people are losing their What will happen to public health if large Jeff started scouting as a Cub Scout with health care benefits each month. There are numbers of undocumented people can't get Pack 40, where he earned the Arrow of Light. simply too many people in this country who care for contagious diseases, pregnancy and He transferred into the Boy Scouts and joined are just one illness away from losing what other medical problems? Troop 83. As Jeff has grown and matured, he coverage they currently have. It is clear, the 9. Despite the lip service the Clinton ad- has held several leadership positions, from as- will ultimately put all ministration-yielding to pressures and crit- cost of doing nothing icism-now gives to plans allowing people to sistant patrol leader to junior assistant scout- Americans at risk. choose their doctors and hospitals and pay master. Jeff was tapped as a member of a se- Fortunately, President Clinton is not content on a fee-for-service basis, is there any cer- lect group of honor campers called the Order to stay with the status quo and let costs sky- tainty such freedom can be preserved? Many of the Arrow. rocket and have families continue to lose ac- analysts predict most doctors will be forced Jeff has volunteered countless hours of his cess to health care coverage. He has put be- out of private practice and that choice will time to such projects as the annual Scout-O- fore us a very bold, innovative plan to address be priced out of existence and will soon dis- Rama, to civic efforts such as cleanup and this burgeoning crisis in health care. With this appear. 10. What Clinton is proposing is actually a beautification projects in Mount Airy, and to plan all Americans can look forward to know- gigantic, new entitlement program, like trail maintenance in Mount Airy Forest. Jeff ing that they will always have health security- those that now make it impossible to control has also remembered those less fortunate for themselves and their families. The Presi- the federal budget, the deficit or the na- than himself by assisting with food and cloth- dent's model for reform would control costs tional debt. Shouldn't Clinton-and critics ing drives. and provide universal access to health care November 22, 1993 EXTENSIONS OF REMARKS 32109 for all Americans. It is a plan which builds on Within months, Mrs. Keller had found a sponsored in the House, to reduce truck viola- the health care delivery system that we al- unique way to make the public aware of Coun- tions and to improve safety on interstate high- ready have in place and seeks to maintain the ty General. She decided to bring the colorful ways. high quality and maximum choice that many tradition of the wild west to San Mateo-the In August, my colleague FRANKWOLF initi- Americans value in our current health system. bed race. With the able assistance of her son, ated the "Beltway summit" to which I referred It preserves what is right with our system and Barry Keller, who had staged races in other earlier. As a result of that meeting, Federal fixes what's broken. parts of California, Mrs. Keller brought the Highway Administrator Rodney E. Slater ap- As one who has been supportive of the sin- community coalition together. She drew sup- pointed three committees, whose work will be gle-payer approach, I am particularly pleased port from small businesses, other hospitals, published soon, to continue the work of pre- that the President's plan embraces some of chambers of commerce, unions, physicians, vious working groups to improve beltway safe- the key principles of a single-payer system- firefighters, and elected officials who entered ty. universal access, strong cost containment, ad- beds in the race and made significant dona- Mr. Speaker, the provisions in the Motor ministrative simplification. tions. The Great Bed Race was previewed at Carrier Safety Act of 1993, which I and Con- The committees in both the House and Sen- a Gala Bed Race Dinner the evening before gresswoman BYRNE introduce today support ate have already begun to examine the var- and proceeded on a sunny Sunday morning and enhance the efforts of these working ious aspects of the Health Security Act. For by a parade through downtown San Mateo. groups. The legislation will also send the mes- example, how will the plan affect senior citi- Nearly 30 beds were raced, and television sta- sage to the motor carrier industry that viola- zens, families and children, large and small tions from the bay area covered the wild an- tions of the Federal motor carrier safety regu- businesses, and biomedical research? Will the tics, including four doctors racing an iron lung. lations are significantly more serious than traf- plan simplify the overwhelming paperwork as- Addie Keller succeeded in making people fic violations. We have improved truck safety sociated with our current system and will it en- aware of SMC General hospital and raised on our interstates. More needs to be done and courage new physicians to practice primary nearly $50,000 with the tremendous help of done quickly. care? her husband George, their son Barry, and his The Health Security Act makes sure that all of Coun- wife Lynda. The staff and community OPENING OUR BORDERS TO Americans-the young and the old-are cov- ty General are truly grateful to Addie Keller. I ered. It will make it easier for both large and STATE-INSPECTED MEAT: AN EX- urge my colleagues to join me in saluting ERCISE IN EQUITY small employers including the self-employed to Addie Keller and her inspiring achievements. buy and maintain health care coverage. The She is indeed a national treasure. academic health centers established under the HON. STEVE GUNDERSON act and other research initiatives will ensure OF WISCONSIN that we have an adequate supply of primary THE MOTOR CARRIER SAFETY ACT IN THE HOUSE OF REPRESENTATIVES caregivers and that we continue our efforts to OF 1993 Monday, November 22, 1993 find new treatments and cures for the health Mr. GUNDERSON. Mr. Speaker, last problems that Americans encounter whether HON. CONSTANCE A. MORELLA Wednesday, we participated in a historic occa- they are as common as the cold or as difficult OF MARYLAND sion as the House of Representatives gave its as cancer. And finally the Health Security Act IN THE HOUSE OF REPRESENTATIVES approval to the implementing legislation for the will simplify health care administration for both Monday, November 22, 1993 North American Free-Trade Agreement. At providers, insurers and consumers by using a that time we stood up as a country and said single form for health care claims. Mrs. MORELLA. Mr. Speaker, today I am in- that we would be a player in the global econ- It is terribly important that we work together troducing the Motor Carrier Safety Act of omy of the 21st century and, further, that we to come up with comprehensive reform. That 1993. This bill would set a minimum penalty would not let artificial boundaries called bor- will mean compromises from every quarter. I and increase the maximum penalty amounts ders stand in our way. have often said that it is not the opponents of for civil violations of Federal motor carrier Now that we have made that decisive state- health care reform that will kill this proposal safety regulations. It would also improve infor- ment concerning our international borders, Mr. but rather the proponents will doom any mation provided to motor carriers about past Speaker, I believe that we must turn our atten- chance of reform if we are not willing to keep safety performance of drivers and improve tion inward and look at some of our internal an open mind to different approaches to solve supporting documentation records of duty sta- policies that restrict interstate trade among the the problem. I look forward to working with my tus. several States. The most glaring example of colleagues on the Energy and Commerce On August 6, 1993, a "Beitway summit" an artificial barrier to interstate trade is the re- Committee and the entire House to make sure was convened at the U.S. Department of striction against State-inspected meat and that all Americans have health care that they Transportation to plan safety improvements for poultry products traveling in interstate com- can count on. the Washington Beltway. On the same day, merce. The bottom line is that the health care sys- there were three accidents involving motor Twenty-five years ago, Congress passed tem in our country is sick. The President has carriers on the beltway in Montgomery County, the Wholesome Meat Act of 1967. At that prescribed the medicine. Now is the time for MD. In a space of 12 days last summer, 7 time, there were over 15,000 nonfederally in- Congress to fill the prescription. people were killed in a series of beltway acci- spected meat and poultry processing plants dents; trucks were involved in four of these producing about 15 percent of all of our car- IN HONOR OF ADDIE KELLER accidents. There are many responsible truck- cass meat and 35 percent of all of our proc- ing companies and drivers, but when one essed meat. Indeed, there was no uniformity HON. ANNA G.ESHOO large truck, which has not been maintained or or consistency in the various State laws regu- whose driver falls asleep at the wheel, is in- OF CALIFORNIA lating these processors. volved in an accident, death often results. the 1967 Wholesome Meat Act IN THE HOUSE OF REPRESENTATIVES Accordingly, Mr. Speaker, I urge my colleagues to re- introduced a new Federal requirement that Monday, November 22, 1993 duce truck accidents on the beltway and any State meat and poultry inspection law Ms. ESHOO. Mr. Speaker, I rise today to across the Nation and cosponsor the Motor must provide standards which were "at least recognize Addie Keller, an extraordinary citi- Carrier Safety Act of 1993. equal to" those of its Federal counterpart. If a zen of San Mateo County, CA, and a member Five years ago, a regional effort was State inspection law failed to meet those Fed- of the San Mateo County General Hospital launched by Federal, State, and local officials eral standards, the Secretary would designate Foundation Board of Directors. The foundation to improve safety on the Capital Beltway. I be- that State for Federal inspection. was initiated to provide support to one of Cali- lieve that this interjurisdictional work has been Unfortunately, Mr. Speaker, even though the fornia's financially strapped public health and effective in reducing major accidents and mas- 1967 act required State inspection laws to be hospital systems. Mrs. Keller recognized the sive traffic congestion on the beltway. In addi- at least equal to Federal inspection standards, mission of the foundation as both a special tion, the Intermodal Surface Transportation Ef- it did not permit State-inspected meat that met challenge and a noble undertaking and ficiency Act of 1991 [ISTEA] contained impor- those standards to travel in interstate com- stepped up to it. tant motor carrier safety provisions, which I merce. As such, for 25 years we have had an 32110 EXTENSIONS OF REMARKS November 22, 1993 inequitable situation in our country where for- nated by my office to attend the U.S. Air Force H.R. 3, THE HOUSE CAMPAIGN eign meat and poultry products which meet Academy and accepted an appointment. SPENDING LIMIT AND ELECTION REFORM ACT Federal inspection standards may enter the I would like to submit John's award winning country and travel in interstate commerce, but speech for publication in the CONGRESSIONAL State-inspected products meeting those same RECORD: HON. NYDIA M.VELAZQUEZ standards cannot. OF NEW YORK Are we talking about a great quantity of MY VOICE IN AMERICA'S FUTURE IN THE HOUSE OF REPRESENTATIVES State-inspected meat and poultry products? (By John Middlemore) Monday, November 22, 1993 No. While 40 percent of all American meat and poultry processors are State inspected, At birth I was given a priceless gift. A gift Ms. VELAZQUEZ. Mr. Speaker, today I rise 3, the Congressional Cam- State-inspected operations slaughter and proc- that would guarantee me life, liberty and the in support of H.R. paign Spending Limit and Election Reform Act. ess only about 5 percent of the total American pursuit of happiness. These gifts are a part of year, we all watched as citizens across meat supply. What does this tell us about a greater legacy. Our forefathers left us a Last the country cast their votes for the candidates these businesses? Simply that they are small free government which is a miracle of faith- of their choice, sending to Washington a his- mom and pop operations who, like all small strong, durable, and marvelously workable. toric number of minorities and women. How- businesses, are in a day-to-day struggle to Yet it can remain so only as long as we un- ever, despite the wonderful and important re- find new markets and keep their doors open. derstand it, believe in it, devote ourselves to sults of last year's elections, there is still a From this perspective, the current prohibi- it, and when necessary fight for it. Our fore- the chance to know high degree of voter dissatisfaction with the tion against State-inspected meat traveling in fathers established for us freedom, to love freedom, and to do our full way congressional campaigns are financed commerce works a particular hard- interstate share to assure its continuance. There is no and run. The playing field is not level. Those on those family meat and poultry oper- ship freedom without responsibility. individuals who are wealthy and those incum- ations close to a State border since they can- bents who have amassed the largest war not market their product across that boundary Freedom is not inherited. It is up to each chests are in the best position to run effective line. That's why we are losing about 5 percent of us to keep our house of freedom in good primary and general election campaigns. of these businesses every year. In fact, we repair with our voices, yours and mine. Those Americans who gathered at Inde- Moreover, candidates who receive massive barely have more than 3,000 State-inspected amounts of funds from PAC's and corporate meat and poultry processors left in our coun- pendence Hall, were touched with idealism, but they were not dreamers. Their great vi- donors have a clear advantage over new- try-only 20 percent of what we had 25 years comers who are also worthy candidates but ago. sion was rooted in wisdom and common sense. It was in an atmosphere of hope and who are not linked to those funds. Simply stated, Mr. Speaker, its time to rid Mr. Speaker, as Members of Congress, we ourselves of this meaningless distinction in the faith that our blueprint for freedom, the Constitution of the United States, was born. are quick to remind our sisters and brothers law which has become nothing more than an that we are sent here to represent our districts artificial barrier to free and fair trade within our Their voices spoke through their pens, my voice must now preserve their words for in a government of the people, by the people own American borders. That's why I'm intro- America's future. and for the people, yet we do not yet have a ducing the Meat and Poultry Products Inspec- fair, efficient set of campaign financing rules tion Amendments of 1993 today-to ensure Today, that blueprint is our most treas- ured inheritance, this document which be- which would move to level the playing field for that we truly promote the free flow of com- potential candidates. All too often, our govern- merce in the United States by allowing all longs to each of us, will continue to be the effective guardian of our rights only as long ment at all levels seems to bee t of he privi- meat and poultry products which meet Federal leged, by the privileged, and for the privileged. inspection standards to travel in interstate as each American recognizes his responsibil- ities. H.R. 3 would address this problem of unfair commerce. campaign financing laws by establishing a Indeed, now that we have opened our bor- The future of America lies in my voice. We system of voluntary campaign spending limits ders to allow meat and poultry products from live in a land where the right of dissent and for House candidates and providing commu- our North American neighbors which meet our of free speech is jealously guarded-where nication vouchers as incentives to follow the the ballot box is the sword and the people its inspection standards to enter the country and campaign spending limits. The bill makes the travel in interstate commerce, we should pro- welder. We live in a country that allows us to stand up and question our leaders. system fairer by extending the spending limit vide the same opportunities to our domestic for those candidates who face opponents meat processors and their State-inspected Freedom is not a legacy. We inherit only which do not abide by the voluntary limits. meat and poultry products. Our American tra- the chance to realize it. Each generation- H.R. 3 also places absolute limits on each ditions of equity, fairness, and justice require each individual must re-earn it. Freedom is candidate of $200,000 in political action com- like a warming fire, while newcomers to the nothing less. mittee contributions per election cycle and circle can warm themselves, the fire must be fed with new fuel. That fuel is my voice. I $200,000 for large individual contributions over $200. Additionally, the measure prohibits bun- TRIBUTE TO JOHN MIDDLEMORE must be ready to defend our rights be it with my voice, my pen, or my sword. dling of funds by an intermediate agent but ex- empts groups which do not lobby from the HON. BOB STUMP Jacklyn Lucas was my age, seventeen, bundling restriction. when he was involved in the battle of Iwo OF ARIZONA One of the most important aspects of H.R. Jima. He threw himself on two grenades sav- 3 is the provision for communication vouchers. IN THE HOUSE OF REPRESENTATIVES ing several men. He fed the fire of freedom Candidates who abide by the voluntary spend- Monday, November 22, 1993 with courage. His act of courage was his voice speaking for America's future. ing limits would receive communication vouch- Mr. STUMP. Mr. Speaker, I rise today to ers to match up to the first $200 of each indi- pay tribute to John Middlemore, a senior at My voice will have to be as strong as those vidual contribution. These communication Prescott High School and resident of the Third men who have fought and died for freedom. I vouchers would be used to pay for radio and Cresongressional District in Arizona. John won must speak out against injustice, whether it television broadcasts, print advertising, post- be in the classroom, the city, or the govern- 24th place honors in the Voice of Democracy age, and campaign material ment. such as bro- script writing contest sponsored each year by chures, bumper stickers, handbills, pins, post- the Veterans of Foreign Wars of the United This thing we call Democracy is so pre- ers, and yard signs. H.R. 3 envisions financing States and its Ladies Auxiliary. cious that it needs to be guarded. I mut act this provision through the Make Democracy This year more than 136,000 high school upon the defense of our freedom. Work fund and suspends the implementation students entered the contest competing for 29 My voice will join others to keep America of the bill until separate revenue legislation is national scholarships totaling $87,500. This strong and free. My voice will be America's enacted. Congress had committed to imple- year's contest theme was "My Voice in Ameri- future. I will use my voice to be the keeper menting the second step of this two-step fund- ca's Future." of the flame, to fulfill our destiny. ing process next year. John is the son of David and Winifred and For those that much is given, much is ex- It is true that it takes a great deal of money the youngest of 10 children. John was nomi- pected. to run an effective campaign for Federal office. November 22, 1993 EXTENSIONS OF REMARKS 32111 Many viable potential candidates-women, mi- Smillion in fines and restitution have been col- rector for Baltimore Federal Savings & Loan norities, teachers, factory workers, and even lected. for 16 years. The S&L failed in 1988, and small business owners-many times do not However, in carrying out Congress' man- Fisher is being sued for $32 million. He is not have the resources to seek political office. date, Government agencies have launched a charged with dishonesty, fraud, or insider These are the Americans who are often not zealous civil litigation campaign against any- dealing. He is charged with negligence, de- wealthy, who do not come from affluent dis- one even remotely connected to a failed bank spite duly attending tricts, and who do not have large donor net- or thrift. Litigation against marginal defendants meetings, reading docu- works and the contracts to raise the much and the use of highly paid outside counsel ments, and listening to officers and outside ex- needed war chest for modern day campaigns. have aggravated the credit crunch. Directors perts. He is defending himself because, at age H.R. 3 provides limits on campaign spending and officers in financial institutions are reluc- 61, he is living on partial disability and the that moves in the direction where worthy tant to make character loans or business legal fees would have cost him $600,000 to Americans may have the opportunity to run for loans with any element of risk for fear that date. an elective office. they could be accused of negligence by the Further, recent allegations of the use of regulators if the loan ever failed. Currently, Fourth, Mr. Young Kim invested his life sav- walking around money to suppress the Afri- banks and thrifts are finding it difficult to at- ings in a failing institution and turned it can-American vote in the New Jersey guber- tract qualified directors and officers because of around. This was the only Vietnamese/Korean natorial election speak directly to the need for the campaign of fear brought on by the regu- savings bank in the United States. The OTS there to be a level playing field. These tactics lators. seized the bank despite its profitability and are certainly not restricted to gubernatorial Taxpayer funds are being wasted and the adequate capital. OTS alleged technical viola- races. Acts of this nature can have a poten- lives of reputations of countless individuals are tions dealing with bookkeeping. The OTS tially devastating effect on elections involving being ruined. In their fervor to squeeze every froze Kim's assets causing him to not minority candidates. I have recently inves- last dollar out of S&L and bank professionals, be able to pay tigated possible legislative vehicles to address the RTC and the FDIC are spending an inordi- his mortgage or his child's tuition. An this issue of vote suppression and payoffs, nate amount of time and money pursuing mar- administrative law judge found that the OTS only to find that these actions are already ginal cases in which the culpability of the de- actions were wrong. The acting director of the criminal acts. In this regard, I urge my col- fendants is highly questionable. Faced with an OTS overruled the judge's decision and leagues to focus their attention on this issue to enormous pool of potential individuals to sue, banned Kim from banking for life. ensure that dishonest tactics are not used to the RTC and the FDIC have contracted most Fifth, Richard Blair, 69, was an outside di- falsely elect a candidate. America will rue the of the legal work to outside counsel.The RTC rector for McLean day when she casts a blind eye toward the and the FDIC employ over 2,400 law firms, Savings & Loan. In 1988, wholesale purchasing of elections through paying them over $504 million in 1992 alone. the FDIC closed McLean and sued all officers vote suppression. The current caseload is over 60,000 lawsuits. and directors, alleging breach of fiduciary duty For the above reasons I would have sup- These law firms have little incentive to reduce and negligence. Blair was amazed that he had ported a more ambitious Federal campaign fi- taxpayer costs and every incentive to bill thou- been sued. For most of the time the allegedly nancing measure containing higher degree of sands of hours in the pursuit of former direc- negligent lending was taking place, he was public financing-the only way to provide true tors and officers, regardless of their culpability. lying comatose in a hospital bed. Three Fed- fairness and openness. However, despite my Defending these suits is a costly, demeaning, eral magistrates presiding in this case have advocacy of stronger legislation, I remain a and time consuming enterprise. Many defend- criticized the FDIC for improper conduct. One supporter of H.R. 3. ants have agreed to settlements in order to magistrate ordered the FDIC to pay $6,600 in Mr. Speaker, we have taken the first impor- avoid bankruptcy. court costs. The FDIC presses tant step toward ensuring a true participatory Examples of regulatory excesses are legion. on. democracy this year by enacting H.R. 2, the I will describe a few here for my colleagues to This bill will remedy these types of abuses National voter Registration Act. Let us take the show why this legislation is necessary. and still let the regulators pursue culpable indi- First, the National Bank of Washington next important step by supporting H.R. 3 to viduals. begin to level the playing field so that our Na- [NBW] failed in 1990. In July 1992, the FDIC, tion's teachers, homemakers, factory work- as receiver, brought suit against 11 First, accused directors and officers will be ers-our average citizens-can have a chance defendents-10 NBW directors and 1 officer. allowed to assert defenses to overreaching ac- to run for political office. I urge my colleagues On February 17 this year, after 8 months of cusations. One example is the business judg- costly, pretrial litigation, the Federal district to vote "yes" on H.R. 3, and to move toward ment defense. The courts in all of the States strengthening the public financing provision. judge dismissed all counts against nine of the defendants citing the "apparent baselessness recognize the business judgment rule either by of most of the charges" and the FDIC's case law or by statute. This bill will establish LENDING ENHANCEMENT "vague, ill-defined conspiracy theory." The defenses for business judgment, regulatory THROUGH NECESSARY DUE court took the unusual step of imposing rule actions, and unforeseen economic conditions. PROCESS ACT-DIRECTOR AND 11 sanctions on the FDIC and the Justice De- Second, regulators must have good cause OFFICER BILL partment, requiring that they pay the legal to obtain the financial records of potential de- costs of the defendants whose cases were fendants. The current HON. BILL McCOLLUM dismissed. Unfortunately, because rule 11 practice is to ask for the financial records of all parties and then sue OF FLORIDA sanctions were designed to chastise irrespon- the richest, regardless of culpability. The bill IN THE HOUSE OF REPRESENTATIVES sible private litigants, the sanctions in this case will have little or no effect because the requires that the regulators must show a viola- Monday, November 22, 1993 taxpayers will end up footing the bill. tion of law and the likelihood that the individ- Mr. McCOLLUM. Mr. Speaker, today, I intro- Second, the former associate general coun- ual will dissipate assets. duced the Lending Enhancement Through sel for the RTC recently stated publicly that 90 Necessary Due Process Act. percent of the civil cases against former direc- Third, more due process protections are In the aftermath of the savings and loan cri- tors are of doubtful merit. They are nonethe- given to individuals to prevent the freezing of sis, Congress empowered the RTC, the FDIC, less filed because RTC officials fear being their assets without good cause. and other Federal agencies to prosecute the summoned before congressional committees Fourth, the standard for director and officer S&L crooks and pursue other wrongdoers and asked to explain why certain cases were liability is clarified by stating that the standard through civil suits to collect damage awards to not brought. They believe that if as many lessen the taxpayer costs of the thrift debacle. cases as possible are brought, they will not be is gross negligence and not simple neg- To date, the Government's efforts have criticized. This mindset is bringing down the ligence. This will prevent many frivolous suits. been very successful. Almost 1,000 criminal economy and wrecking people's lives. This is also in line with the recent decision in convictions have been obtained and more Third, Dr. James Fisher, former president of the U.S. Court of Appeals for the Seventh Cir- than 2,000 civil suits have been initiated; $825 Towson State University, was an outside di- cuit.