18684 EXTENSIONS OF REMARKS July 1, 1987 EXTENSIONS OF REMARKS

INTRODUCTION OF THE RE­ Unlike pensions which have legal protec­ Finally, VRHP's could have another pro­ TIREE HEALTH PROTECTION tions for retirees, the retirees of LTV were left found effect. VRHP's could provide the engine ACT OF 1987 holding the bag for their health coverage. to get this Nation's evolving long-term care in­ The LTV Corp. retirees sought and received surance market going. relief from the Congress. The Congress re­ Until now, health insurers have been reluc­ HON. ROD CHANDLER quired that the company maintain retiree tant to develop long-term care coverage be­ OF health coverage, at least temporarily. cause it has had to be sold on a retail basis­ IN THE HOUSE OF REPRESENTATIVES It is not appropriate for the Congress to individual by individual. assume such a role every time a firm gets into Employer participation has been missing in Wednesday, July 1, 1987 trouble. the long-term care area. So, employer groups Mr. CHANDLER. Mr. Speaker, I rise today VRHP's would not help LTV or its retirees. have not been open to insurers for long-term to introduce the Retiree Health Protection Act But, VRHP's could forestall comparable prob­ care coverage. of 1987, H.R. 2860. The co-author of this leg­ lems for other retirees and their former em­ The prefunding vehicle provided by VRHP's islation is my distinguished colleague from ployers. VRHP's would enable employers to may give employers the incentive to offer Alabama, Representative RONNIE FLIPPO. I ap­ prefund for future obligations, thereby preserv­ long-term care benefits, just as the tax exclu­ preciate his guidance in developing this signifi­ ing those funds for the use of the retirees. sion for health benefits adopted in the Tax Act cant and timely measure. Second, recent research indicates that over of 1954 became the driving motivation for em­ I also am gratified that Mr. FLIPPO and I are 90 percent of the Nation's largest firms are ployees to persuade their employers to offer joined in sponsoring the bill with our fellow obligated to provide health coverage for retir­ health coverage. Ways and Means Committee members, ees. A significant portion of smaller compa­ There is no question that the risk of long­ nies have comparable obligations; 25 million Messrs. DUNCAN, ARCHER, DONNELLY, GRADl­ term care costs is a spector which greatly American workers look forward to health cov­ SON, DAUB, GREGG, and BROWN. concerns the elderly. Many older Americans erage at retirement, and over 6 million Ameri­ H.R. 2860 provides incentives for employers do not realize that Medicare does not protect cans are now covered by postretirement to create voluntary retiree health plans them against the cost of expended nursing health benefits. [VRHP's] for the purpose of prefunding retiree home or home health care. A survey by the These are significant figures. health and long-term coverage. VRHP's would Corporate liability for these benefits is American Association of Retired Persons indi­ be tax exempt for employers while providing almost totally unfunded. Estimates of the li­ cates that a significant percentage of elderly protections for retiree health benefits. ability of firms for these benefits range from Americans believe Medicare covers long-term care as well as the costs of physician and WHY VRHP'S NOW $125 billion to $2 trillion. Any list of fortune This Chamber should view skeptically any 500 companies likely would show liabilities in hospital services. proposal to add new tax exemptions to the In­ the hundreds of millions of dollars. The eco­ It became apparent to me in considering ternal Revenue Code. In the wake of the 1986 nomic implications of this liability are clear as the Medicare catastrophic coverage proposal tax reform legislation-the effort by President the American population continues to age. in the Ways and Means Committee that na­ Reagan and the Congress to simplify the tax Additionally, the courts generally have acted tional policies to encourage private long-term system-why adopt new tax-favored activities to affirm corporate responsibilities for retiree care coverage are essential. However, the re­ for employers through VRHP's? With a cata­ health benefits. The courts have given em­ sources for such coverage are not available in strophic budget deficit challenging in Con­ ployers little latitude to refine or reduce prom­ the context of Medicare. The question then gress-as we continue to mortgage the fu­ ised benefits to retirees. becomes how we can promote coverage tures of our children-why further contribute To emphasize further the financial extent of which will reduce the risk of draining family re­ to the deficit by reducing Federal revenues to the issue, the Financial Accounting Standards sources or force the elderly to improverish promote VRHP's? Board [FASS] changed its reporting instruc­ themselves simply to afford a nursing home My answer to these questions is, quite tions for retiree health .coverage liability in bed. simply, the Retiree Health Protection Act of 1984. Firms now are required to recognize For families who work all their lives there 1987 is necessary legislation. Despite serious current costs of postretirement benefits in a has to be a better way. Insurance protection concerns about tax policy and the deficit, it is footnote to their annual reports. for long-term care makes sense. The Federal time for VRHP's. FASS currently is considering the more far­ employees health benefit plan is adopting To ignore VRHP's is to ignore the issues reaching action of elevating obligations for re­ such coverage. The private sector should raised by the liability of this Nation's employ­ tiree health benefits to a full-blown liability on follow suit-and VRHP's may make that possi­ ers for retiree health benefits. This liability has corporate financial statements. This modifica­ ble. far-reaching economic and social implications tion in FASS rules could alter the face of the WHAT IS A VRHP AND HOW WILL IT WORK? which demand the immediate attention of the American business scene. The Board is not Under the bill, employers would have the Congress. considering this modification lightly, but it ap­ option to create VRHP's in order to prefund What are the critical factors which point to pears they realize that the corporate obliga­ retiree health and long-term care benefits. the need for action? tion for health coverage of retirees can be ig­ Contributions to VRHP's would be tax deducti­ First, in 1986 the LTV Corp. filed for chapter nored no longer. ble and only employers would be allowed to 11 . The firm moved to cancel health coverage The Federal Government should recognize contribute to the account. The interest accu­ for its 78,000 retirees. An apparent motivation the implications of this liability-and the mulated in each account would not be subject for the corporation to reorganize through FASB's likely response-for our Nation's to Federal taxation. Employers would contrib­ bankruptcy was to cut operating costs-par­ economy and our retired citizens. National ute the amount necessary to fund the partici­ ticularly health benefit costs. policy should promote corporate responsibility. pants' future benefits, but annual contributions LTV retirees had no protection. The compa­ VRHP's would help stabilize this potentially could not exceed the lower of $1,500 or 25 ny had no prefunded account to cover retiree volatile situation. percent of the employee's income. However, health coverage. It had provided health bene­ There may be a cost to VRHP's. But, to the limit would increase annually to compen­ fits on a pay-as-you-go basis. And, the com­ avoid this cost would exacerbate the concerns sate for the growth in health care costs. pany lacked sufficient cash flow to maintain its of employers, employees, and the economy The VRHP accounts would have no cash obligations. as a whole. value for employee participants. The accounts

• 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. July 1, 1987 EXTENSIONS OF REMARKS 18685 would, however, provide assurance at retire­ benefits for their employees. The insurance in­ to the beneficiaries, and included in the em­ ment that a plan would be available to fund dustry also is interested in prefunding as a ployee's gross income. Portions of the ac­ health care coverage. Employees would be means to increase employee interest in fi­ count which are pledged or assigned on the behalf of pany. The insurance company, by accepting their employees. The annual deductible tributions to the VRHP would be allowed. the annuity funds, then would bear the risk for amount per participant cannot exceed the Only non-elective employer contributions the retiree's coverage. Employers also could lesser of the following: $1 ,500, 25 percent of and transfers of VRHP funds from former reimburse retirees directly for the cost of employers will be allowed. The contribu­ the participant's compensation, or the tions and benefits provided under the plan health and long-term care insurance which amount necessary to fund the participant's may not discriminate in favor of highly­ they have purchased on an individual basis. target account balance, except for employ­ ees age 50 and over. compensated employees. The amount paid At the death of a retiree, the VRHP could by the employer must be equal to the be used to continue the coverage of a BENEFITS EXCLUDED FROM GROSS INCOME amount which is determined actuarially to spouse. Otherwise, funds contributed on an Contributions to VRHPs, and earnings on be necessary to fund the target account bal­ employee's behalf would revert to the VRHP. VRHP funds, will not be counted toward an ance for each participant, subject to the The bill sets the age at which VRPH's can employee's gross income. limits on employer contributions. be activated at 65. Sixty-five is the age at Only One Account at a Time.-Only one The "target account balance" is the VRHPs may be maintained for each partici­ amount specified in the plan as the target which many Americans retire and is the age at pant at any time, except if a person current­ value of the assets in an employee's VRHP which Social Security participants become eli­ ly is employed by more than one employer. when the employee reaches retirement age gible for Medicare. As the life expectancy of Employees with more than one VRHP in order to receive a VRHP. OF 1987 Mr. Speaker, I am confident this Congress Employer Contributions.-Qualified con- will give this bill the careful consideration it tributions may not exceed the lesser of the HON. RONNIE G. FLIPPO deserves. This is an important measure and I following: $1,500, 25 percent of the partici- OF ALABAMA pant's compensation, or the amount neces- look forward to working with my cosponsors sary to fund the participant's account bal- IN THE HOUSE OF REPRESENTATIVES and other colleagues on the Ways and Means ance. The dollar contribution limits for non- Wednesday, July 1, 1987 Committee in perfecting the legislation in the upcoming months. highly compensated employees age 50 and Mr. FLIPPO. Mr. Speaker, I join today in in- beyond may be higher than those for A younger employees, as follows: $1,750 for . troducing the Retiree Health Protection ct of employees ages 50_55, $2,ooo for employees 1987, with my distinguished colleague from HUMANE VEAL BILL ages 55-60, and $2,250 for employees age 60 the State of Washington, Representative ROD and over. These limits, as well as those for CHANDLER. It is my pleasure to cosponsor this HON. CHARLES E. BENNETT younger employees, shall be indexed annu- bill with Mr. CHANDLER and other members OF FLORIDA ally by the increase in the medical compo- from the Ways and Means Committee. IN THE HOUSE OF REPRESENTATIVES nent of the CPL Representative CHANDLER has taken a lead- Investment gains and losses must be taken ing role in addressing this issue. I appreciate Wednesday, July 1, 1987 into account annually in determining the the opportunity he has provided me to join Mr. BENNETI. Mr. Speaker, I, along with level of employer contributions necessary to him in crafting this important legislation. Mr. HOWARD, Mr. LANTOS, Mr. WILSON, Mr. fund the target account balance. The inter- The Retiree Health Protection Act of 1987 PEPPER, Mr. ACKERMAN, Mr. OWENS of New est rate used to determine the level funding will promote prefunding for retiree health and York, Mr. DONNELLY, Mr. CONYERS, Ms. amount must be reasonable, must be speci- long-term care benefits by employers. This KAPTUR, Mr. ROSE, Mr. BERMAN, Mr. RAHALL, fied in the plan in a way that prohibits em- legislation will provide needed assurances to Mr. DORNAN of California, Mr. TOWNS, Mr. player discretion, and must be the same for employees that these funds will be properly MANTON, Mr. MARTINEZ, Mr. JACOBS, Mr. managed and disbursed. The bill will assist all participants. Every employee must re- MRAZEK, Mr. HA YES of Illinois, and Mr. DEL­ ceive the same target, regardless of other employers in meeting their obligations for the coverage which employees might purchase. LUMS, am today introducing legislation entitled Minimum Vesting standards.-Employers promise of retiree health coverage for Ameri- the "Veal Calf Protection Act," which would may choose 5-year, 100 percent vesting or 3- ca's workers. address a critical problem that exists on to-7 year vesting schedules, as in the pen- This is an issue for the 1OOth Congress. crated veal farms throughout the country. sion law. Upon total or partial plan termina- This Nation faces a crisis in the not too dis­ I became interested in this issue after tion, or upon employer failure to make re- tant future. As the population ages, more and having watched a TV show that outlined the quired contributions, or reduction in contri- more Americans will retire and qualify for wel­ horrors of how these creatures are treated. butions, all employees shall vest immediate- fare benefits, from the former employers. And They are housed in incredibly small stalls or ly. to provide these health benefits, employers crates, without the ability to groom them­ Distribution of VRHP Funds.-The plan face unprecedented financial liabilities for selves, turn around, or astoundingly, even lie must distribute no more than 150 percent which few are prepared. down. When they are able to lie down they and no less than 100 percent of the pro rata Already, we have witnessed the first signs are often forced to wallow in their own excre­ amount [which equals the amount in an em- of the storm to come. The LTV Corp.'s at­ tion, which is stimulated by a diet of liquid milk ployee's account divided by the life expect- tempt to abandon its retiree health benefit ob- ancy of such employee], unless a lesser k · replacer and antibiotics. The tremendous amount is specified by the employee. ligations compelled Congress to ta e action stress of confinement and the lack of suffi­ Retirees may not receive any amount in protecting that corporation's former employ­ cient iron and digestible fiber requires antibiot­ cash from the account or exercise control ees. And the courts have ruled consistently ics to keep the calves alive, which, some over the assets of their accounts. against firms seeking to reduce or walk away medical practitioners say, can be hazardous to Plan Transfers.-Plans must transfer from the health benefits promised retired people who eat veal. . VRHP funds if so requested by an employ- workers. My proposal is budget neutral so it doesn't ee. Plans also must accept transfers of Corporate liability for retiree health benefits increase the Federal deficit. Simply put, Mr. VRHP funds from a former employer. has been estimated in the hundreds of billions Speaker, it mandates a minimum Federal Limitations on Investments of VRHP of dollars. Yet, companies have proceeded on standard for the care of veal calves that are Funds.-Employers are limited in their abili- a pay-as-you-go basis to finance retiree raised for human consumption. ty to invest VRHP funds in employer real health. The threat of economic dislocation I hope my colleagues will join me for early property or in employer securities. Plans grows daily with the aging of the U.S. work passage of this important and compassionate must meet pension law requirements with force and the constant growth of health care regard to fiduciary responsibility. costs. legislation. Preemption and Special Rules.-With the exception of banking and securities laws, This dangerous situation continues because state criminal laws, or qualified domestic re- workers and employers now have few incen­ THE STRANGE CASE OF lations orders, this bill shall supercede all tives to set aside funds for health and long­ IRANIAN MODERATES state laws relating to any health plan for term care. Today, no plan exists which is ade­ former employees and their spouses. quate to provide retirees needed health bene- HON. ROBERT H. MICHEL VRHPs can be maintained by self-em- fit security. OF ILLINOIS ployed individuals, as under the pension It is time for national health policy to pro- IN THE HOUSE OF REPRESENTATIVES law. vide corporations a vehicle to prefund these Taxes on Qualified VRHP.-A tax equal to benefits. Employers of all sizes should be en- Wednesday, July 1, 1987 100 percent shall be assessed against rever- couraged to fund postretirement health cover­ Mr. MICHEL. Mr. Speaker, amidst all the sions to employers and to disqualified bene- age. The voluntary retiree health plans sound, fury and television news coverage of fits provided during a plan year. "Disquali- [VRHP's] proposed in this legislation will serve the Iran-Contra situation, it is difficult to keep fied benefits" are any distributions which this purpose. track of even one issue, let alone the whole are not post-retirement medical benefits, VRHP's will not resolve all the issues raised complicated situation. and any post-retirement medical benefit by corporate liability for retiree health benefits. That is why I find a recent article in the New which is not paid for out of the employee's VRHP's will provide needed incentives, as tax­ own account. York Times to be of interest. If there is one exempt vehicles, for corporations to prefund thing everybody knows about the sale of arms SECTION 3: REPEAL OF EXISTING RULES and accumulate resources to cover the future to Iran, it is that there never was really any Repeals 401

91-059 0-89-10 team. Anticipating that the Justice Depart­ bill to require the CPSC to initiate a case on Last December, the Consumer Product ment would take his client to court. its own if the Justice Department does not Safety Commission, alarmed by the deaths Schmeltzer, Aptaker partner Michael take quick action. Honda's lawyers-Wilmer, and injuries associated with some all-terrain Brown, a former CPSC general counsel, says Cutler and Schmeltzer, Aptaker-have regis­ vehicles, took a rare and bold action. In a he recommended to Honda that executives tered as lobbyists to oppose such legislation. closed meeting, the commission decided by a hire Cutler. Within the CPSC itself, there are com­ 2-1 vote that all three-wheeled ATVs and "To the extent that this case goes to trial, plaints about delay, even charges that adult-size vehicles purchased for children we had to have some help." says Brown. Chairman Scanlon, who opposes an enforce­ less than 16 years old were "imminent haz­ Cutler, former White House counsel under ment action against the ATV industry, has ards" under the law. President Jimmy Carter, is widely regarded tried to sabotage the case. The commissioners also voted to ask the for his lobbying on behalf of the auto and Earlier this month, Commissioner Anne Justice Department to represent it in a civil pharmaceutical industries as a consummate Graham, in a memo to Scanlon released action against the industry to initiate a vol- litigator/dealmaker. He is working on the during recent congressional hearings, said 18696 EXTENSIONS OF REMARKS July 1, 1987 she was "appalled" by Scanlon's attempts to "The message that the industry wants you can be sustained. By serving as an ambassa­ "undermine and frustrate the decision of a to believe is that people who get hurt on dor of goodwill between these two communi­ majority of the commission on the ATV en­ these things are idiots," says Gilreath, who ties, Liliane helps to bridge the gulf which forcement matter." She took issue with his is now negotiating with Honda in 10 person­ decision to remove two experienced attor­ al injury cases. needs to be crossed in order to arrive at the neys from the case, charging that their re­ "They say the vehicles are being misused day when the Arab States and the Jewish moval will "adversely impact our case." or that people are drinking," Gilreath says. State will be able to live side by side in the The two CPSC attorneys, Philip Bechtel "Sure, in some cases that's true, but others absence of bloodshed and ill will. and Susan Birenbaum, had been instrumen­ are not misusing them. What happens is While many another might give in to de­ tal in developing the CPSC enforcement that the vehicle unexpectedly bounces and spair, Liliane's strength and courage enable action and had been present at the May turns over unexpectedly, oftentimes causing meeting with Cutler and other industry offi­ spinal and head injuries." her to persist in her tireless efforts and to cials at the Justice Department. Douglas Somers of Los Angeles Somers, serve as a beacon of hope to all those who Bechtel, who is now a lawyer with the Hall, Verrastro & Kern, who represents share her desire to bring these two communi­ Federal Energy Regulatory Commission, Honda in product liability cases, says it is ties closer together. says his departure from the CPSC was "reasonable" to estimate that more than In order to express my personal apprecia­ planned and had nothing to do with his re­ 300 personal liability cases are pending tion to Liliane for her efforts and to inform all moval from the case. He adds, however, that against Honda. He maintains, however, that he offered to stay at the agency until the Gilreath's estimate of $300 million in poten­ of my colleagues of her work, I would like to case was wrapped up. tial claims "sounds a bit high." include an article about the tribute given to "It was clear that they didn't want me to Whatever the true amount of potential her by King Hassan and which appeared in work on ATVs, so I took the job at FERC," claims, Honda and the other manufactuers the Washington Jewish Week. he says. Birenbaum could not be reached for have a tremendous amount riding on what This article also, I might mention, serves to comment. happens in Washington. remind us of the special relationship which the Scanlon denies that he removed the law­ That is why Willens and Cutler are trying yers to weaken his agency's case, calling to buy time to reach a settlement. United States and Morocco share. Morocco such charges "ludicrous." Scanlon also "There's no doubt about it," admits Wil­ has been one of most reliable and longstand­ maintains that the two lawyers were re­ lens, "a judicial ruling declaring ATVs immi­ ing friends the United States has had since its placed with "more experienced" agency at­ nent hazards would have an impact on very birth as a nation. Indeed, our two coun­ torneys, although he admits they are not pending product liability cases." tries will soon be celebrating the 200th anni­ expert in ATV matters. · versary of the Treaty of Peace and Friendship, But Scanlon derides the notion that CPSC lawyers must be familiar with ATVs to liti­ LILIANE SHALOM: BEACON OF which is, significantly, the longest unbroken gate effectively the agency's case. "Does HOPE, CRUSADER FOR PEACE treaty in the history of our country. Given the Lloyd Cutler have any experience with volatile nature of this region, this fact is of no ATVs?" he asks. small import. At a congressional hearing last month, HON. STEPHEN J. SOLARZ OF NEW YORK The achievement of peace requires leaders however, Rep. Florio had Scanlon on the with vision and courage to transcend the tacti­ hot seat. Florio charged that Scanlon at­ IN THE HOUSE OF REPRESENTATIVES cal obstacles of the moment, in order to seize tempted to put into the public record a con­ Wednesday, July 1, 1987 fidential and restricted legal memorandum the strategic objective of reconciliation. It re­ from the CPSC Office of General Counsel Mr. SOLARZ. Mr. Speaker, it is my great quires leaders who recognize that within the during the hearing. pleasure to pay tribute today to the work of Li­ context of confrontation nothing is possible, The document, written in 1985, suggests liane Shalom, a truly extraordinary individual but within the context of conciliation every­ that the CPSC was required to compare the whose dedicated efforts to expand the dialog thing is possible. risks of ATVs with those of such other vehi­ between the the Arab and Jewish communi­ King Hassan surely embodies these quali­ cles as snowmobiles and motorcycles before ties are unsurpassed. Indeed, her work was ties. determining that ATVs are hazardous. recently given well deserved recognition by In a letter to the agency, Florio argued He has long been recognized as a world that it was "highly questionable whether King Kassan II of Morocco, who awarded her leader who is sincerely dedicated to achieving such comparative data would be relevant," the rank of Commander of Ouissam Alaouite, peace and to developing improved relations adding that CPSC General Counsel Lacey which is the order of the royal dynasty of Mo­ between the Arab and Jewish peoples. Last testified that there is no statutory require­ rocco. July, for example, he displayed the type of ments for comparative data. I met Liliane through her husband, Steve, leadership that has made him an inspiration to Florio charges that if the document had who has been my dearest friend for many all those who seek peace by meeting with been released as Scanlon planned, it could years and whose own achievements in Middle have undermined the commission's entire then-Israeli Prime Minister Shimon Peres. enforcement action by giving the industry Eastern affairs have been nothing short of mi­ As a result of many of his efforts, the expe­ more ammunition. But the memo was never raculous. Steve's tireless and compassionate rience of the Jewish people in Morocco, which released, becase Florio refused to make it efforts on behalf of Syrian Jewry-perhaps has not only survived but has prospered in an part of the public hearing record. the most imperiled community in the world­ Arab country, is proof that normal relations Scanlon says he offered to enter the have inspired and guided my work in that area between Jews and Arabs are possible. memo into the hearing record on a restrict­ for over a decade. Ten years ago, I had the ed basis "to clarify the record." Just as the Government of Morocco clearly honor of working with Steve to help bring 12 has a role to play in the search for a peaceful HUNDREDS OF PLAINTIFFS young Syrian Jewish women to the United solution to the Arab-Israeli conflict, so too Meanwhile, plaintiffs' lawyers charge that States so they could fulfill the sanctity of mar­ the foot-dragging and bureaucratic wran­ does the Moroccan Jewish community have a riage. Without Steve's extraordinary diplomatic unique potential to enhance the relationship gling in Washington plays into the hands of skills, his patience, and his persistence, the between these two peoples. industry and hurts consumers. Gilreath, Syrian brides would never have been deliv­ head of the ATV plaintiffs' lawyers group, As a leader of the Sephardic Jewish com­ ered from the darkness of oppression to the believes that the industry's legal strategy is munity in the United states, Liliane Shalom ex­ joys of freedom and love. to "keep the government's nose out of the emplifies that potential. problem for as long as they can." In the time I've known Liliane, I have had Gilreath maintains that if the Justice De­ the deep privilege of witnessing firsthand her SEPHARDIC WOMAN RECEIVES MOROCCAN partment takes the industry to court, a steadfast diligence in promoting peace and AWARD ruling that ATVs are an imminent hazard mutual understanding between Arabs and King Hassan II of Morocco last Sunday could prove devastating to manufacturers, Jews-two communities whose history, sadly, awarded the rank of Commander of the who are trying to fend of hundreds of suits. has been one marked by bitterness and divi­ Ouissam Alaouite-the order of the royal Also, an imminent-hazard finding could trig­ dynasty of Morocco-to a leader of the Se­ ger a costly recall. sion rather than by brotherhood and coopera­ phardic Jewish community in .the United Gilreath estimates that Honda has about tion. States. 300 ATV-related personal injury complaints It is through the visionary efforts of some­ Moroccan Ambassador M'hamed Bargach pending against it involving damage claims one like Liliane, however, that hope for an presented the award at the luncheon in his averaging $1 million per case. eventual peace in the troubled Middle East home to Liliane Shalom of New York, a July 1, 1987 EXTENSIONS OF REMARKS 18697 native of Casablanca who immigrated to the 1.5 million current policyholders in Massachu­ MONTE SLATER HONORED United States at the age of 20. setts, Connecticut and New York, with ap­ In presenting the five-pointed gold-and-ce­ proximately $18 billion of policies in force are ramic star emblematic of the award, Ambas­ HON. MERVYN M. DYMALLY well served by this consumer product. sador Bargach told Mrs. Shalom: "You have OF CALIFORNIA been faithful to your Moroccan heritage, Recently, however, the continuation of using IN THE HOUSE OF REPRESENTATIVES you have demonstrated your love and loyal­ savings banks as outlets for SBLI has been Wednesday, July 1, 1987 ty to your native land and you have sup­ threatened by questionable Federal bank reg­ ported the efforts of His Majesty, King Mr. DYMALL Y. Mr. Speaker, it is with great Hassan II, to promote the cause of peace in ulations. Many savings banks are now raising the Middle East." capital by converting from mutual to stock pleasure that I take this opportunity to pay In reply, Shalom recalled how the present form using the holding company format. When tribute to Mr. Monte Slater, a constituent of King's father-Mohammed V-had refused savings banks reorganize as holding compa­ the 31 st district, who was recently honored by the demand to turn over his Jewish subjects nies, they must register with the Federal Re­ the Cerritos College Foundation and the Bell­ to German occupation forces in Morocco flower City Council for outstanding civic contri­ serve. after the fall of France during World War butions made to the Bellflower community. II. Until recently, the Federal Reserve has not Mr. Monte Slater, suffered a stroke in 1976 "I owe my life to the Alaouite dynasty," attempted to regulate the activities of State­ forcing him on long-term disability. A most she said, "as do 300,000 of my co-religionists whose lives were spared because of the chartered banks which are subsidiaries of unique individual he turned his disability into King's courage. Instead of being a victim, I bank holding companies. In fact, it has always an ability to bring personal enrichment, friend­ was blessed with three cultures-Jewish, been thought that under the so-called dual ship, and support services to those less fortu­ Arab and French." banking system Congress intended to leave nate than himself. Shalom, 47, is active in United Jewish the definition of the powers of State-chartered Since 1981, Mr. Slater has participated in Appeal and other Jewish community activi­ banks to the chartering States. However, in the city of Bellflower's Meals-On-Wheels Pro­ ties. She is a former president of the Ameri­ recent months, at the urging of some in the in­ gram serving nutritious meals to homebound can Sephardic Federation and currently residents. For 1 complete year he provided serves as U.S. vice president of the Rassemb­ surance industry, the Federal Reserve has lement Mondial du Judaisme Marocain conditioned approval of bank holding compa­ transportation for a cancer patient to receive been hurt. You've been wronged. I will post While spending almost half of our defense I used to blame lawyers for the excesses I your name on the courthouse door as one budget on our allies, we have assumed almost observed in the use of lawsuits to resolve who has suffered." social problem. I still do, to an extent. But if I teach my law students to listen and to the entire burden of defending Western inter­ lawyers began this mad race to the court­ counsel. I teach them to care about their cli­ ests in the Middle East and southwest Asia. house, the lawsuit is now officially public ents. I teach them rules of law and hope to Most of our allies spend considerably less property. Although I'm a lawyer and a law instill in them a sense of purpose that is than 4 percent of their GNP on defense, yet professor, I discovered all of this not grander than the bottom line. I teach them the United States is spending approximately through legal research, nor by observation that lawsuits have costs far beyond the legal 6. 7 percent. Japan represents the most of law reform movements, nor even from my fees that rack up on both sides. But I don't severe instance, spending just 1 percent of its involvement in alternative dispute resolu­ know how to teach them that our complex tion. I learned this by falling down in the and competitive society requires of them very healthy GNP on defense. Ironically, we Miami Airport last year. and of the legal system, much more than seem to provide greatest protection to those I was running for a plane, with a bag in can ever be delivered. allied nations with whom we have the greatest each hand, when the lace of one of my high­ Lawyers are doomed to failure when we trade deficit. top sneakers became untied. With the left attempt, whatever our motives, to right And, as the U.S.S. Stark tragedy demon­ foot, I stepped on the lace of the right shoe. every personal wrong. It is this failing that strates, not only are we paying in financial The right foot, being thus restricted, failed leads, I believe, to criticism of lawyers. terms but we have also paid the ultimate price to respond when my leg moved forward. My I came away from the Miami Airport with of human lives. Enough is enough. The body, impelled by the speed of my stride two injuries. The one to my knee has and the forward thrust of my bags, did not healed. But I wonder when the injury I suf­ burden simply must be shared. That is why I react to the inability of my right foot to fered- and which our society suffers as a am joining Representative DON RITTER in in­ maintain my upright stance. In other words, result of the deterioration of the concept of troducing the Japan defense burden sharing I fell down. personal responsibility- will ever be healed. resolution, which addresses our inequitable I landed hard on my right knee, and while I don't believe that I can fix this injury, and burden of financial support for Japan. the skin over my kneecap was rearranged by I don't believe the courts can solve it either. This resolution directs the President to ne­ the concrete and there was some blood, I Perhaps my primary obligation as a lawyer gotiate an agreement with Japan whereby the can't say I've been permanently disabled. is to understand it, and to expend my best What startled me most was not the fall, nor efforts not to make it any worse. Japanese Government would either increase the resulting pain, but the reaction of by­ their defense spending or reimburse the standers. Once they had ascertained that I United States for our defense expenditures on didn't need medical assistance, their next WHAT ARE WE DOING THERE? their behalf, on a level that reflects their re­ thought was that I should sue. sponsibility as a global economic superpower. "I saw it," one solicitous lady said to me. HON. ROBIN TALLON The Japanese leadership's response to our "I'll give you my name and address. I'm a recent appeals for assistance in keeping the witness!" The security guard was summoned OF SOUTH CAROLINA and would not let me on the plane until I IN THE HOUSE OF REPRESENTATIVES Persian Gulf open was that it is politically in­ feasible. This resolution gives Japan an filed an accident report. They brought me a Wednesday, July 1, 198 7 wheelchair. They even held the plane for option. If the Japanese Government feels that me. The profound response of all around me Mr. TALLON. Mr. Speaker, the fatal attack it cannot exceed their politically established 1 was unmistakable. A lawsuit had been born. on the U.S.S. Stark, and the administration's percent of the gross national product, we off er No one had noticed that I'd tripped on my subsequent announcement of its plan to pro­ them a mechanism to meet their responsibil­ shoelace, and when I told them, they react­ tect Kuwaiti oil tankers with naval support, has ities. They can pay the United States for the ed as if I had said something incredibly raised a number of questions in the minds of protective service we provide them. It's just stupid. Fault didn't matter one whit to those who understood, without the benefit Americans. The most obvious is simply, what that simple and just that necessary. of law-school educations, that a deep pocket are we doing there? I do not see how we can expect American loomed large on the horizon. According to the administration, we are taxpayers to continue to spend large amounts When I returned to school, limping, and there to protect oil shipments through the Per­ of U.S. tax revenues for the defense of the al­ explained what had occurred, my students sian Gulf to the West. Certainly, the United liance if the allied nations themselves are not 18700 EXTENSIONS OF REMARKS July 1, 1987 willing to join in the effort. It only makes sense cannot disregard this responsibility to edu­ people of our nation that they should be that the United States should not be alone in cate our young. The need is critical and the glad to give of their lives that it might sur­ defending Western interests in the Persian price of neglect is high. The lives of our vive. As Woodrow Wilson once said, " It is a young people depend on our fulfilling our fearful thing to lead this great people into Gulf. This legislation will be a clear signal to responsibility," he concluded. war ... civilization itself ... in the balance. our allies that we are serious about achieving We cannot afford to ignore the surgeon The right is more precious than peace, we a better balance of defense expenditures. general's warning. shall fight for what we have always carried Currently, Japan and other allied nations are nearest our hearts-for democracy." Presi­ making a strong effort to extend their com­ dent Wilson tells us that in accepting the mercial and political contacts in the Arab THE CHALLENGE OF AMERICAN challenge we should love what is right, de­ States of the gulf while we provide the neces­ CITIZENSHIP mocracy, even more than peace. Fellow sary military protection. They are doing so in Americans, we must be prepared to surren­ HON. JOHN J. RHODES III der our lives in favor of our nation and to the hope that, whatever the coming shifts in honor always those that have. the region's political and religious tides, they OF ARIZONA Another challenge so imperative to main­ will be in a position to continue their pres­ IN THE HOUSE OF REPRESENTATIVES taining our fair government is the voicing of ence. Thus, they speak softly and the United Wednesday, July 1, 1987 truth. Our obligation is given to us in the States carries the big stick. form of two rights, freedom of speech and Mr. RHODES. Mr. Speaker, as our Nation This situation has to change. The United freedom of press. However, I put it to you prepares to celebrate its birth on July Fourth, I States must demand a minimum general sup­ that they are not rights but civic duties. In believe it is an appropriate time to draw the port for the importance of keeping the straits a democratic nation, the one thing that attention of my colleagues and all citizens to should never be suppressed is truth. We citi­ open and protecting the vitality of gulf ship­ zens must carry truth as a torch to expose ping. This resolution is a good place to start. "The Challenge of American Citizenship." This challenge has been expressed most eloquent­ injustice, thereby fortifying this nation's ly by Mr. Glenn Wayne Knauer, of Higley, AZ. strength and power by enriching that on which our nation is based, its people. THE SURGEON GENERAL'S This speech, which Glenn has written, won Finally, we must have a pride that sur­ REPORT the Veterans of Foreign Wars, Voice of De­ passes any feelings of greed. We must have mocracy scriptwriting contest for the State of a love of quality, for the handiwork of a HON. GERRY E. STUDDS Arizona. nation is its purest testimony of greatness. OF MASSACHUSETTS Too often we take for granted the gifts of As citizens we have an obligation to our IN THE HOUSE OF REPRESENTATIVES democracy which our Founding Fathers gave forefathers and our posterity to make all things with pride, so that the words "Made Wednesday, July 1, 1987 us and our veterans have defended. The gift of freedom which a democracy gives its citi­ in America" might be revered throughout the world. Mr. STUDDS. Mr. Speaker, since I sent zens also requires responsibilities -of its citi­ 268,000 copies of the Surgeon General's Fellow Countrymen, is this not a grand zens, for there can be no freedom without re­ nation? Is it not worth a little of our time to Report on AIDS to each household in the 10th sponsibilities. make our nation strong? Yes! Then rise up, Congressional District of Massachusetts last Mr. Speaker, I am pleased to share this elo­ Americans, like the mountains of our noble month, my office has received a substantial quent expression of the responsibilities and land. Stand firm in the glow of truth and response from southeastern Massachusetts challenges we face as citizens of the worlds banish oppression caused by ignorance. and across the country. Following is a very greatest democracy. I submit it for the record Defend this nation as an eagle perched in thoughtful editorial on our mailing, and on the as we pause to celebrate our freedom and high cliffs defends its young. Like the plains of our heartland, produce with pride, care, importance of AIDS education, which ap­ contemplate our responsibilities. peared recently in the Wareham Courier. and a love of quality. Stand up, Americans, THE CHALLENGE OF AMERICAN CITIZENSHIP just as the Athenians stood to protect those [From the Wareham Courier, June 24, 1987] As citizens of this great land, we have a re­ blessings given them by their fathers. Stand AIDS EDUCATION Is CRUCIAL sponsibility to maintain this nations's tradi­ proud with an undying love for our country. While President Reagan hesitated on tion of equality and justice. Since the birth Accept the challenge of American citizen­ whether to make the surgeon general's of democracy in ancient Athens, citizens ship according to what you have to give, and report on AIDS widely available, Rep. Gerry have been challenged with maintaining a give all that you have. Studds took matters in his own hands. free nation. Strangely enough, the responsi­ Studds mailed a copy of the report to bilities of democratic peoples to their gov­ every household in the 10th Congressional ernments have changed little in over 2,000 SUPPLEMENTAL District. years. A major duty of citizens has always APPROPRIATIONS By doing so, he has rendered the people of been the defense of their land and all those his district a real service. The report is a sister lands governed by the purest of ideals, frank, well written document that contains democracy. Another civic responsibility is HON. LARRY COMBEST information everyone needs to know. that of voicing the truth, thereby bringing OF TEXAS So far, Wareham has been more fortunate any injustices to the attention of the than many other communities. With a rela­ people. Lastly, there is the love of quality, IN THE HOUSE OF REPRESENTATIVES tively small homosexual population, few in­ the idea that was brought to this land by Wednesday, July 1, 1987 travenous drug users and a locally controlled our forefathers. Our forefathers knew what blood supply, the impact of AIDS has yet to it was to be oppressed. They fled from tyr­ Mr. COMBEST. Mr. Speaker, the supple­ hit home. anny in search of freedom and found it in mental appropriations bill which the House The experts tell us, however, that our this noble land, America. But however passed yesterday contains a provision prohib­ good fortune won't last-that eventually grand our past may have been, we must look iting the Department of Energy from taking people from all walks of life and from all ahead to the future and, by meeting the into account financial incentives offered by kinds of communities will be affected. challenge of American citizenship, make States when DOE decides upon a location for Therefore, it is imperative that people sure that freedom does not one day perish the superconducting super collider. In these have the best information possible to make from this glorious nation. the best decisions possible. Ours is a nation of beauteous contrast. times of budget cutting and fiscal conserv­ This is especially true for young people The majestic mountains, which witnessed atism, it is unwise to ignore the millions of dol­ who are entering the age of sexual aware­ our birth, rise just as this United States lars that States are willing to save the Federal ness. Parents and teachers must insure that rises above the rest of the world, a citadel of Government by picking up part of the cost of they are properly and fully informed. freedom, a beacon of justice aglow with the building the SSC. "Education about AIDS should start in light of truth. The peaceful plains are a cor­ In developing its site criteria, DOE decided early elementary school and at home so nucopia overflowing with food. This is that the cost of building the SSC was not that children can grow up knowing the be­ where the simple, God-fearing people came going to be a major factor in determining its havior to avoid to protect themselves from to build a new life. The forests stand like exposure to the AIDS virus," the surgeon our armed forces, which are ready to give lo!::ation. Now, Congress has forbid DOE to general stated in his report. their lives for the liberty of the nation. I take into consideration financial incentives of­ "Those of us who are parents, educators tell you, this is a nation worth defending. fered by the States to reduce the cost of this and community leaders, indeed all adults, Our precious freedom is so dear to the facility to the Federal Government. I find this July 1, 1987 EXTENSIONS OF REMARKS 18701 lack of interest in the cost of building the SSC and labor groups such as the City of Hope, plan beneficiaries, our constitutents, that their alarming. the A. Philip Randolph Institute, and the benefits are adequately protected and will be Texas is offering two sites to the Depart­ Catholic Labor Federation. available when they retire. ment of Energy; both have strong technical Mr. Speaker, though Paul Miller has finally The PBGC's current financial problems are merits and both offer locations which can be decided to retire from the Los Angeles County summarized in the following editorial that ap­ developed at a very low cost to the Federal District Council of Carpenters he will remain peared in the New York Times on June 1, Government. Texas offers the SSC locations as active as he has always been in the orga­ 1987. with level, stable land that have few man­ nized labor community. He currently holds the GET SERIOUS ABOUT PROTECTING PENSIONS made obstacles, very few hydrology problems, positions of vice president of the Los Angeles When a company goes bankrupt and and construction of the SSC on either of County Federation of Labor; vice president of leaves a pension fund without sufficient these sites would minimally impact the sur­ the California Federation of Labor; secretary­ assets to cover benefit payments, the Gov­ rounding environment. But most importantly, treasurer of the Southern California Confer­ ernment's Pension Benefit Guaranty Corpo­ Texas offers this country a relatively inexpen­ ence of Carpenters, and serves on the execu­ ration picks up the tab. What happens sive superconducting super collider. tive board of the California State Building and when this insurance fund runs out of cash? Congress may ultimately base its decision Construction Trades Council. In addition, he Claims against the fund now exceed pro­ on whether or not to fund the SSC on the continues to lend his time and energy as trust­ jected premium income by more than $4 bil­ total cost to the Federal Government. Yet, site ee and cochairman of the Carpenters Pen­ lion, and the deficit is sure to rise in the sion, Health and Welfare, Vacation, and Joint next few years. Congress is morally bound criteria used by the Department of Energy and to keep the benefits flowing. The big ques­ Senator DOMENICl's amendment to the sup­ Apprenticeship and Training Committee Trusts tion is whether it will try for enduring re­ plemental prevent the consideration of cost as for Southern California. forms or settle for a temporary fix. a major factor. I urge my colleagues to consid­ It gives me great pleasure to recognize and When the pension insurance agency was er the potential savings that would be avail­ pay tribute to Paul Miller on the occasion of created in 1975, the annual premium levied able to this country by considering the cost of his retirement from a long career of service to against each of the 110,000 pension plans constructing the SSC as a major factor in de­ his peers in the labor community in California. covered was just $1 per worker. That wasn't termining its location and reverse this fiscally My wife, Lee, and I would like to extend our realistic: liabilities exceeded income in the unwise policy. gratitude to Paul for his civic spirit and contri­ first year. The premium has since been butions to our community, and wish him, his raised to $8.50, but cumulative liabilities are still growing faster than income. The fund wife, Virginia, their daughter, Jodi, and their has managed to remain self-financing only A CONGRESSIONAL SALUTE TO granddaughter, Becky, all the best in their PAUL MILLER on a cash basis. Each year's premiums cover future endeavors. payments immediately due, but they do not suffice to build reserves to cover obligations HON.GLENNM.ANDERSON in place for future decades. OF CALIFORNIA "PBGC BANKRUPTCY PRIORITY The obvious remedy, another modest IMPROVEMENT ACT OF 1987" IN THE HOUSE OF REPRESENTATIVES across-the-board increase in the premium, won't provide more than short-term relief Wednesday, July 1, 1987 HON. JOHN J. DUNCAN for a fund already burdened by unfunded long-term obligations of $136 per worker. Mr. ANDERSON. Mr. Speaker, I rise today OF TENNESSEE to bring to my colleagues' attention the long And it increases firms' incentives to liqui­ IN THE HOUSE OF REPRESENTATIVES date healthy, fully funded pension plans and distinguished career of an outstanding Wednesday, July 1, 1987 and escape all future premium obligations. labor leader in my area, Paul Miller. Paul will That's why the Rea[;an Administration be the guest of honor at a retirement dinner Mr. DUNCAN. Mr. Speaker, I am today in­ wants Congress to link premiums to risk. on July 9 in Universal City, sponsored by the troducing the PBGC Bankruptcy Priority Im­ Premiums for the 90 percent of pension Los Angeles County District Council of Car­ provement Act of 1987. This legislation will plans that are fully funded would remain at penters. protect retirees' pension benefits by improving $8.50 per worker. Underfunded plans, which Following graduation from Milford (IL) High the Pension Benefit Guaranty Corporation's create a potential liability for the insurance School and service in World War II for which preferred status in Federal bankruptcy cases. fund, would pay up to $100 a year per em­ ployee. To protect the system against infla­ he received two Bronze Stars and the Philip­ As my colleagues are aware, the PBGC is cur­ tion, both the standard $8.50 premium and pine Liberation Ribbon, Paul Miller came to rently experiencing financial problems, and the risk surcharges would be indexed to av­ California in 1953. He first established himself this bill corrects what is considered by many erage wage increases. as a labor leader in 1956, when he was elect­ to be a major cause of the PBGC's problems. The new variable rate system would more ed president of Carpenters Local Union No. For the most part, these difficulties threaten than double the insurance fund's income 1400. He was subsequently elected business the future of our constitutents' retirement ben­ next year, without affecting the insurance representative of Local No. 1400 in 1961, and efits, and are caused by several large pension costs of responsible employers. As impor­ by 1968 had been appointed business repre­ plan terminations by companies that have filed tant, it would induce companies with under­ funded plans to close the gap. sentative of the Los Angeles County District under the Federal bankruptcy laws. Risk-based premiums would not change Council of Carpenters. Paul quickly rose to Under these laws, the PBGC is considered the behavior of companies on the brink of high-ranking positions with the Carpenters' to be a general creditor that is seventh in line bankruptcy or reduce the cost to the pen­ District Council; administrative assistant to the when it comes to collecting the amounts owed sion agency once a company goes over the Executive Committee in 1973 and secretary­ it by a company in bankruptcy. As a practical brink. But another proposal backed by treasurer in the same year, a position he still matter, this means the PBGC's changes of re­ Kathleen Utgoff, the pension agency's di­ holds. covering the funds it paid out to cover the rector, could make a big difference. Paul's expertise was soon sought by state­ pensions of companies filing for bankruptcy, Under current law, pension funds are "un­ secured creditors" in bankruptcies, and thus wide labor groups. He ably served as vice are very slim. In most cases the PBGC recov­ receive money only after bondholders are president of the California State Federation of ers about 7 to 1 5 percent of the amounts paid paid. Typically, the pension agency recoups Labor; vice president of the Southern Califor­ out to these companies. about 10 cents on every dollar of unfunded nia State Building and Construction Trades The bill I am introducing today would allow pension liabilities. If Congress made the pen­ Council; executive board member of the Cali­ the PBGC to recover significantly greater sion agency a secured creditor, the payout fornia State Council of Carpenters and Los amounts in bankruptcy cases than it currently would be considerably greater. Secured cred­ Angeles Building Trades Council; trustee for does. This in turn would: First, allow the itor status for the agency would also reduce Carpenters Pension, Health and Welfare, and PBGC to correct its current financial problems the incentive for other creditors to force troubled corporations into liquidation. Vacation Trust Funds of Southern California; quicker and second, reduce the future nega­ Congress, under heavy pressure to shore Democratic delegate to the California State tive impact of bankruptcy-related pension plan up the pension agency, may be tempted Committee; served on the Solar Committee terminations on the PBGC's financial status. simply to raise the premium enough to meet for former Gov. Edmund J. Brown, Jr., and By making the PBGC financially sounder in the fund's monthly cash obligations a bit has been honored by countless philanthropic the future, the legislation assures pension longer. But every year without serious re- 18702 EXTENSIONS OF REMARKS July 1, 1987 forms means more defections by healthy for fledgling lawyers. He'd been through Now, Mr. Speaker, I would like to read from pension funds and more unfunded liabilities that rite of passage himself: before he'd the Johannesburg Weekly mail of October 17, to be borne by well-run pension plans that learned his way around the courtroom, he 1986. remain. Current and future retirees deserve said, he's already lost five court-assigned cli­ A witbank student, Thomas Mahlangu, better. ents in a row to the gallows. 'They start you who has been on the run since the State of off on capital cases,' he recalled, 'and once Emergency was declared, was shot outside you've learned what you're doing, you're his house last week. SOUTH AFRICA NEEDS POLICE ready to handle divorces' for clients who can AND JUDICIAL REFORM According to his cousin, five white police­ pay. men arrived at Mahlangu's home in Acker­ Mr. Speaker, for anyone who believes that ville last Thursday morning at about 9 am. HON. HAROLD E. FORD life is sacred these words are terrifying. For He said they asked, several times, 'Who is OF TENNESSEE anyone who believes in justice these words Thomas?' and each time Thomas identified IN THE HOUSE OF REPRESENTATIVES himself. are intolerable. Then, he said, they ordered Mahlangu to Tuesday, June 30, 1987 And yet, Mr. Speaker, the South African step outside and forced his cousin to stay in­ Mr. FORD of Tennessee. Mr. Speaker, I rise police use death in another manner to terrify doors. today to bring to light the appalling way the an already oppressed populace. In 1986 83 The cousin heard someone tell Thomas to Government of South Africa abuses their own people died in police custody in South Africa. turn around and there was a single shot. judicial system. In 43 cases where the police have finalized An SA Police liaison officer in Pretoria their investigations they claimed that 27 died confirmed the shooting, but said Mahlangu, The South African Government is one of who was a suspect in two murder cases, was the rare western governments to use the of natural causes, 12 committed suicide, 3 shot as he tried to escape from the police. death penalty. And as far as I know, the only died of shooting wounds when they tried to A neighbour who was watching from western government to use to death penalty escape, and 1 was stabbed by fell ow prison­ across the street reports she saw Thomas for crimes other than murder. ers. The other 40 cases are still under investi­ turn and face the house with his hands in I am opposed to the use of the death penal­ gation. the air as though he were going to be ty here in the United States because of the Mr. Speaker, let me tell you about only a searched. discriminatory way it's applied. However, we couple of the people who died of "natural Then she said she saw one of the police­ causes" while in police custody. Johannes men shoot him in the back. There was no do not even come close to the way the South sign of a struggle beforehand, and she said African Government implements their death "Witbooi" Spogter was 13 on the night he Thomas was clearly not attempting to run penalty. was arrested under the Criminal Procedure In 1984, the latest year I have figures for, Act for public violence. The police said the The family said Thomas returned home 115 South Africans were hanged by the Gov­ boy-remember, he was only 13-was found because he was tired of hiding and because ernment. Of these 88 were Africans, 24 col­ dead during a "routine cell visit." A patholo­ he was confident he had done nothing ored, 1 Asian and 2 whites. But these figures gist who attended the post mortem on behalf wrong. alone do not tell the entire story. of the family later told journalists that Johan­ He was expecting the police to come and was prepared to go with them. In South Africa the death sentence is not nes died of head injuries. The state's chief pa­ "Why couldn't they just detain him? Why only mandatory for murder, it can be imposed thologist told a hearing that Johannes had did they have to kill him?" a relative asked. for treason, rape, kidnapping, child-stealing, had a fractured skull and brain damage. One The Bureau for Information said the inci­ robbery and house breaking with aggravating of the head injuries was caused by an object dent was not unrest-related. circumstances, as well as for some crimes without sharp sides being wielded with consid­ Mr. Speaker, I am appalled at the way the under the Internal Security Act. erable force. An intestine had been ruptured South African Government abuses the trust of Mr. Speaker, the problem is not that the by Johannes' either falling on his stomach or its people by abusing the criminal justice South African Government uses the death being kicked with considerable force. system within South Africa. This is not justice. penalty, the problem is the way it is unevenly Another case was summarized by the Law­ This is vigilantism conducted by the ruling applied. It is clear that when a black commits yers Committee for Human Rights in Deaths in forces against those too weak to oppose a crime in South Africa he is likely to receive a Custody. Lucky Kutumela was arrested with them. Clearly, progress will not be made on more severe penalty than if a white had com­ four other members of Azapo, a black opposi­ establishing equal rights for all South Africans mitted the same crime. David Bruck states in tion group, on the evening of April 4, 1986 until the criminal justice system is reformed to an article called "On Death Row in Pretoria during the period between the two States of include equal protection for everyone who Central" published in the July 13 and 20, 1987 Emergency when things were relatively calm lives within the boarders of South Africa. Mr. edition of the New Republic: in South Africa. Speaker, I hope these abuses can be correct­ "Government figures show that a black According to one of those arrested with ed without bloodshed, and I hope that can be defendant was nearly 19 times more likely him, Lucky was the first to be taken away corrected soon. But they must be corrected. to hang if convicted of murdering a white by the police and brutally assaulted. The Until that happens there can be little hope for than if his victim were black. Whites who sounds of blows and Lucky's screams were murdered whites were roughly as likely to improvement for the majority in South Africa clearly audible. A number of the other de­ nor hope for those of us watching events hang as blacks who murdered blacks, but tainees were also severely assaulted, and not a single white was hanged for murder­ four of them, including Lucky, were then there very closely. ing a black." left in a cell overnight. The same standard applies to rape cases. Despite Lucky's critical condition, he was Since 1911 more than 150 blacks have been denied medical treatment and died during AN INFLUENTIAL VOICE SPEAKS executed for rape, with the vast majority of the night. An independent doctor who was OUT AGAINST PHYSICIAN cases being the rape of a white woman. How­ present at the post-mortem found injuries DRUG SALES ever, not a single white has ever been sen­ on the body consistent with the account of Lucky's fellow detainees and has deter­ tenced to death, yet alone executed, for the mined the cause of death to be a brain hem­ HON. RON WYDEN rape of a black woman. orrhage. No official explanation of the OF OREGON Not only are sentencing disparities a prob­ death has been given and no date has yet IN THE HOUSE OF REPRESENTATIVES lem, but the quality of the defense affects the been established for the inquest. cases. I, again, quote from Mr. Bruck's New I highly recommend that everyone read Wednesday, July 1, 1987 Republic article: "Deaths in Custody." In this publication the Mr. WYDEN. Mr. Speaker, Dr. Arnold In Johannesburg ... I asked John Lawyers Committee covers the events of Kelman, editor of the New England Journal of Dugard, a professor of law at the University Lucky's death in more detail as well as the Medicine, is one of the most respected and of Witwatersrand and South Africa's fore­ most human rights scholar, about the South death of 6 others in police custody. All of influential voices in American medicine today. African 'pro deo' (appointed counsel) system these deaths occurred between the periods of Recently, he expressed his support for leg­ in death penalty cases. Capital trials, State of Emergency when events were islation, H.R. 2168, that would significantly re­ Dugard told me, serve as training grounds calmest. strict the growing practice of doctors selling July 1, 1987 EXTENSIONS OF REMARKS 18703 prescription drugs to their patients at a profit. this argument fails to consider recent eco­ HONORING MARION PINES He eloquently argues that the physician is the nomic and demographic changes in our patient's advocate, and by permitting doctors health care system which threaten for the to sell drugs to their patients for a profit, the first time the economic independence of BENJAMIN L. CARDIN doctor's position as the patient's representa­ physicians and pressure them to seek new OF MARYLAND tive is seriously compromised. sources of revenue. Physicians are no longer IN THE HOUSE OF REPRESENTATIVES I hope my colleagues will carefully consider in short supply and new practioners find it increasingly difficult to attract sufficient Wednesday, July 1, 1987 the thoughtful, patient-oriented analysis of fee-for-service paying patients. The old con­ H.R. 2168 that has been done by Dr. Kelman, Mr. CARDIN. Mr. Speaker, I would like to flicts of interest are not being as effectively pay tribute to one of Baltimore City's truly out­ and support the legislation. mitigated by ethical considerations as they [The letter follows:] standing public servants. Marion Pines, who is once were and new conflicts serve only to the administrator of the city's Neighborhood THE NEW ENGLAND JOURNAL OF exacerbate the problem without any coun­ Progress Administration, has just been named MEDICINE, terbalancing benefit for patients. Boston, MA, June 26, 1987. The greater the economic pressure on doc­ the National Alliance of Business' 1987 Distin­ Hon. RoN WYDEN, tors and the more they are encouraged to guished Performance winner as the Job Train­ House of Representatives, Longworth Build­ engage in commercial competition, the less ing Professional of the year for her participa­ ing, Washington, DC. trustworthy and prudent their professional tion with the Job Training Partnership Act. DEAR MR. WYDEN: I write this letter to in­ decisions will be from the public's point of Certainly, this award is well deserved. dicate my strong personal support for H.R. For more than 20 years, Marion Pines has 2168, the bill which you and others have re­ view. After all, markets serve consumers' in­ cently introduced to limit the dispensing of terests only when consumers are able to dedicated herself to seeing the development certain drugs by licensed medical practition­ make their own purchasing decisions and of effective programs to help provide upward ers. can judge the value and quality of what mobility opportunities to the disadvantaged In doing so I want to make very clear that they buy. and unemployed. the views I express are my own and should Physicians dispensing has also been advo­ Marion has won national acclaim for her job not be attributed either to the New England cated as a convenience for patients who are training programs and model public/private Journal of Medicine or to the Massachu­ unable or unwilling to obtain prescription partnerships such as the Harbor City Learning setts Medical Society, which owns and pub­ drugs at a pharmacy. However, HR 2168, as lishes the Journal. I understand it, would not prevent physi­ Center and Blue Chip-In-a private sector I favor your bill because it supports the cians from dispensing drugs. The bill merely summer jobs program. And, despite frequent basic ethical code of the medical profession says that such dispensing must be done at changes in policy and fluctuations in funding, and helps to counter forces that lately have cost-which, for all practical purposes, Marion has successfully kept Baltimore in the been commercializing the practice of medi­ would mean the cost to the physician of ob­ forefront of job training. cine. Any arrangement that encourages doc­ taining the drugs. The dispensing process It is, indeed, nice to know that in a time of tors to become vendors of the drugs they itself generates virtually no additional costs, flux, there remains at least one constant in prescribe creates conflicts of interest that the effort to help those who are often unable tend to weaken the traditional role of the since the physician need only write the pre­ doctor as the patient's agent and trustee. scription, instruct the patient in its use to help themselves. Certainly, Marion Pines The dispensing of drugs by physicians has As if this were not enough, the Consti­ placement of the plebiscite by the election, tution sets forth * * * significant in the the candidate of the democratic coalition out. I would also ask to have reprinted Mr. past, will only be made up of a total of 35 (democratic right, center, and democratic Molina's remarks on the obstacles and possi­ seats. Nine of these will be occupied by ap­ left> would certainly be a majority candi­ ble solutions to a democratic transition in pointed members, representing over one date and democracy would be reestablished. Chile. third of the 26 elected senators. Those first If the campaign is successful because it se­ TRANSITION TO DEMOCRACY IN CHILE: nine members will be appointed, either di­ cures the support of the majority, and in OBSTACLES AND POSSIBLE SOLUTIONS rectly or indirectly, by the President of the the event the plebiscite is maintained, the After a few remarks on democracy in Republic. Thus, if the President wishes to majority will vote NO, allowing the demo­ Latin America in general, my presentation obtain a majority vote, he will only have to cratic forces to win the competitive elec­ develops around three basic concerns over secure the votes of his nine nominees plus tions envisaged by the current constitution my own country: Chile. those of another nine elected members, for 1990. ( 1) What are the factors that obstruct the even if the opposition has won 17 seats. This (b) All this, however, may not occur if road to democracy? again is absolutely anti-democratic. before the plebiscite there is no coalition, no (2) What are the steps that must be taken Cd) But this is not my last concern. In fact, platform, and no candidate for an election in the near future in order to remove these under the present constitution a significant that could take place in 1990. The uncer­ obstacels? and portion of Chileans are deprived-due to tainty of the consequences of a majority NO (3) as a conclusion, what must we do now their political opinions-of their citizenship tend to make people vote YES. General Pin­ to be able to take those steps before 1989? and, consequently, of their political rights. ochet could, thus, win the plebiscite. But. The events of the current decade are (e) Finally, the anti-democratic nature of even if he loses, the defeat of the armed clearly showing that democratic change in certain provisions of the constitution are forces in the plebiscite and the lack of a Latin America is possible without fatally crowned by a rule that consecrates the vir­ clear political alternative to his regime drifting either towards unstableness or to­ tual impossibility of amending the charter would undoubtedly give rise to a widespread wards the stability of a dictatorship, first to after 1989 without the will of the Executive. sense of uncertainty. the left and then to the right, as in the six­ Hence, the anti-democratic aspects of the Cc) Consequently, the success of the cam­ ties. As this new reality advances it puts an Constitution are real and of a permanent paign for free elections and the definition of end to old fears that-although not entirely nature. the platform, the coalition and the candi­ unjustified in certain cases-democratic sta­ This overall diagnosis leads me to put date of the democratic forces, is absolutely bility was hopeless for societies not yet eco­ forth one more question. essential to achieve democracy and to nomically developed. The entire interna­ 2. What steps can be taken in the near ensure its stability. tional community is interested in Latin future in order to remove the aforemen­ (d) The coalition required for the above America's democratic process, owing to the tioned obstacles? I believe they can be sum­ purposes is not a center-right or center-left significance of the countries of the region marized in five major points. coalition. Both are sources of polarization both for their natural wealth and economic Before 1989 the Government, pursuant and instability. What the country needs is a potential, as for demographic or geopolitical to its authority, must open a process to coalition-first for the support of the presi­ factors. amend the Constitution in the above rul­ dential campaign and then for a stable gov­ Chile is one of the last obstacles in this ings. The procedures set-forth in the Consti­ ernment. This implies a widening towards democratic process. The performance of the tution itself are suitable enough for this the democratic right and towards the demo­ authoritarian regime up to this date is con­ purpose. cratic left. trary to the traditions and the will of the Cb) Political parties that justify and have (e) Lastly, the duty of democratic parties majority of the Chilean people. Further­ used violence as a valid means to induce is to clearly show Chilean public opinion more, everything points to the fact that if changes must abandon them, particularly what their alternative for the present Gov­ the authoritarian system continues in the the Communist Party. ernment is. This cannot wait beyond 1987. If future, it will lead to an increasing state of (c) The current restrictions to the people's it is not done, and the issue of the candidate violence, thus favoring those who support right to gather, to associate, to inform, par­ is not resolved in 1987, it will be very diffi­ extremist policies. This is one of the reasons ticularly through television, must be modi­ cult to avoid the plebiscite and to face it why an early re-establishment of democracy fied immediately. The opposition must have under favorable conditions for the re-estab­ in Chile is absolutely imperative. In order to access to all T.V. channels, so it can equita­ lishment of democracy. and more so for prevent an escalation of violence, the demo­ bly convey its point of view to voters building a longlasting stable democracy. cratic change must occur not later than throughout the nation. 1989, which is the date envisaged by the Cd) The election process must be transpar­ Chilean Constitution to resolve the presi­ ent and clean in all its stages, that is to say, DEFENSE CONSTRUCTION EM- dential succession issue. registration, voting, computation. control, PLOYMENT OPPORTUNITIES Democratic change can only be achieved and disclosure of results. ACT OF 1987 by peaceful means, that is through dialogue Finally, in order to achieve the above, and the concurrence of the democratic there must be a political alternative for the forces and the military government. This Chilean democratic forces, constituting HON. MELVIN PRICE agreement, however, cannot consist of a themselves in a valid interlocutor, repre­ mere acceptance of the constitutional rules senting a majority, and, accordingly, capa­ OF ILLINOIS by the political parties. Their unrestricted ble of exerting a positive influence on the IN THE HOUSE OF REPRESENTATIVES enforcement does not represent a transition reforms that are required. Wednesday, July 1, 198 7 to the stable democracy that Chile de­ 3. My last apprehension refers to present mands. This conclusion leads to the first circumstances and, therefore, appears as a Mr. PRICE of Illinois. Mr. Speaker, all Mem­ concern I wish to convey to you. conclusion. What can we do right now to be bers of Congress welcome the opportunity to 1. What are the constitutional barriers for able to take the necessary steps before 1989, assist their constituents. That is why I am a democratic change? In my opinion they are so this date will actually represent the tran­ cosponsor of H.R. 1873, the Defense Con­ mainly the following: sition to full democracy in Chile? I believe struction Employment Opportunities Act of The procedure to determine who will this action can be summed up in five points. be the next President is not democratic, be­ (a) General Pinochet, reportedly, intends 1987 and H.R. 1874, the Federal Construction cause the name of the candidate will be pro­ to remain in power from 1989 to 1997. Valid Employment Opportunities Act of 1987. posed by the armed forces, and he will have arguments against this pretense could be These bills will ensure that a percentage of no contender. This candidate has to be presented if, on the one hand, it can be defense and Federal construction contracts either approved or rejected by the people. shown in advance that he will be defeated in are awarded to businesses within 175 miles of The procedure is a plebiscite, not an elec­ the plesbiscite, and, on the other, if the the construction site. tion. There is a consensus among jurists of armed forces have a full knowledge of the Mr. Speaker, it just doesn't seem fair that democratic countries to disregard the plebi­ person, the alliance, and the platform that right next door to an unemployed construction scite as a valid means to appoint the head of would succeed the military regime, either in the executive branch. 1990 when the year before there had been a worker is a Federal project under construc­ Cb) In addition, according to the present plebiscite and the answer was NO, or in 1989 tion. H.R. 1873 and H.R. 1874 will guarantee Constitution, after 1989 the armed forces if the Constitution has been amended re­ that constituents in the construction business will have a much stronger role than other placing the plebiscite by a competitive elec­ will have a fair shake in winning that Federal branches of Government. Therefore, one tion. These are the results that the current or defense construction contract. July 1, 1987 EXTENSIONS OF REMARKS 18705 I understand that many will view these On page 32, line 31 Very little-14,879 item is the approximate budget level in the Under this bill, States are not precluded 7. How do you rate the overall job per­ fiscal 1987 budget> from establishing data requirements or stand­ formance of President Reagan thus far as (a) Defense ($300 billion)-19,054 ards because EPA has done so. In fact, the he begins his final two years in the White (b) Foreign aid <$18 billion>-27,836 amendment has effect only when both State House? (C) Agriculture <$27 billion)-9,604 Good-11,354 Cd) NASA/General Science ($12 billion>- and Federal governments have exercised their Fair-9,153 12,248 discretion and the result is a data requirement (c) Poor-11,806 Ce) Energy /TVA (power)/Fill the Strate­ which, because of some variation, requires du­ 8. Many American farmers continue to gic Petroleum Reserve/Rural Electrification plicative testing. Administration ($3 billion)-6,987 face troubled economic times. Which feder­ To illustrate the need for this legislation, it is al government policy should Congress (f) Natural Resources/Forest Service/En­ adopt? vironmental Protection Agency /Corps of important to note that one State already has a Ca) Continue the present system of farm Engineers/Fish & Wildlife Service/Bureau law in effect establishing a program for filling prices and income support-4,172 of Reclamation <$13 billion)-9,364 health and safety data gaps on pesticides reg­ Cb) Move to a total market orientation (g) Commerce & Housing Credit/Small istered within its borders. At least two States with supply and demand determining prices Business Administration/Postal Service probably will pass similar laws this year with even if more farmers must give up farm­ Subsidies/FHA/FmHA ($8 billion)-11,295 ing-10,267 Ch) Transportation/Coast Guard/ Amtrak/ more States likely to follow in rapid succes­ Support a program of agriculture pro­ Highway Programs/Mass Transit-Aviation sion. duction controls designed to stabilize or in­ Programs and Safety <$27 billion)-11,310 The example of one State has shown that crease prices farmers receive-17,794 (i) Community & Regional Development/ in implementing these State laws by defining 9. Do you support the $3 billion increase Economic Development Administration/ what constitutes a data gap, by establishing a in foreign aid requested by President Urban Development Action Grants/ Appa­ list of required studies, and by creating a time­ Reagan in his proposed fiscal year 1988 fed­ lachian Regional Commission/TVA <$40 billion)-6,848 tempting to establish their own expedited re­ (a) $4.60 an hour minimum wage-8,463 Health Care/Medicaid/Meat and Poul­ Cb) $4.00 an hour minimum wage-8,621 try Inspection/Health Grants $3.70 an hour minimum wage-4,974 health, Maternal and Child Health, Alcho­ States actually will establish agendas and (d) No increase in the minimum wage- hol, Drug Abuse, Mental Health) <$40 bil­ timetables which will duplicate and even con­ 8,502 lion)-5, 708 flict with the Federal requirements. Decrease the current minimum wage- <$27 billion)-4,631 quately fund health care for our nation's el­ is critical that data requirements among the derly. States and EPA be coordinated and synchro­ Increase the payroll tax for the Medi­ REDUCING THE COST OF AGRI­ nized so that only one set of data needs to be care deduction-5,213 CULTURAL AND HOME/ generated within the same timeframe. (b) Funding from the federal tax reve­ GARDEN PESTICIDES TO THE Unnecessary repetitive and redundant test­ nues-21,270 FARMER AND CONSUMER ing not only consumes valuable time and re­ Require more contributions by the el­ THROUGH THE COORDINA- derly for their own health care-6,191 sources, but also delays the closing of data 12. Should the President of the United TION OF PESTICIDE DATA RE­ gaps. Valuable time and resources which States be required to notify the leadership QUIREMENTS could be used to develop new data are of the Congress before he carries out a wasted in refocusing on gaps that have al­ major foreign policy action ? Yes-22,370. No-9,824 OF WISCONSIN filled. 13. With growing concern about air travel IN THE HOUSE OF REPRESENTATIVES Many low-volume, low-profit specialty prod­ safety in the United States, there continues Wednesday, July 1, 1987 ucts, including antimicrobial products, may be to be debate in the Congress about rehiring discontinued because neither the registrant, the air traffic controllers who were fired in Mr. GUNDERSON. Mr. Speaker, consumers the formulator, nor the State will pay for the 1981 by President Reagan. Should those air who use home and garden pesticides, includ­ additional tests required on active ingredients. traffic controllers be rehired? Yes-17,539. ing household disinfectants, share a common Many nonagricultural, minor use products also No-14,119 problem with farmers who use agricultural in­ could disappear. Unrealistic timetables for im­ 14. As you know, multi-millions of federal secticides and herbicides, that is, the rising dollars go each fiscal year from Washing­ cost of these important products. plementing and generating these needed ton, D.C., to the state administration in We cannot directly control the cost of pesti­ studies could cause some of these products Frankfort for distribution to the seven to be dropped from the market. congessional districts of Kentucky. How do cide manufacturing, but we can help the you rate the overall job performance of farmer and consumer by reducing the in­ The Pesticide Data Coordination and Syn­ Governor Martha Layne Collins and her ad­ creased pricing associated with the cost of chronization Act of 1987 will help to provide ministration as she begins her final year as unnecessary and redundant testing. That is less expensive agricultural and home/garden governor of Kentucky? why I am introducing today, along with my col­ pesticides for farmers and consumers and will Ca) Good-3,187 league Mr. ROBERTS from Kansas, the vice aid in insuring that low volume, low profit spe­ Cb) Fair-12,081 chairman of the Department Operations, Re­ cialty products, including antimicrobial prod­ Cc) Poor-17,034 15. In his State of the Union message on search, and Foreign Agriculture Subcommittee ucts, as well as agricultural and nonagricul­ January 27, President Reagan said: "What of the Agriculture Committee, the Pesticide tural minor use pesticides will be available the Congress finally needs to do is pass a Data Coordination and Synchronization Act of wherever needed. constitutional amendment that mandates a 1987. Mr. Speaker, I am introducing the Pesticide balanced budget and forces government to The bill provides that if the testing can be Data Coordination and Sychronization Act of live within its means." Do you agree? Yes- coordinated, it should be, by requiring the 27,353. No-5,213 1987 as an amendment to the Federal Insecti­ Federal and State agencies to confer. Neither cide Fungicide and Rodenticide Act, and urge 16. To reach the $108 billion deficit level the State nor the Federal position is designat­ established under the Gramm-Rudman-Hol­ my colleagues to give full consideration to this lings law, approximately $65 billion will ed to prevail over the other. If there is any important proposal. need to be cut from the fiscal year 1988 fed­ preemption at all it is that of good science eral budget. In which areas would you favor over bad science because scientific validity is budget cuts to reach the $65 billion Con­ the only basis in the amendment for resolving gress needs to cut? . chusetts. Bradford was founded in 1803 as a SECTION 1. ADDITIONAL LIMITATION ON THE RE­ secondary school. By the late 19th century it DUCTION ON THE CREDIT APPLICA­ " (B) The total credits . (b), and (c)(l)) otherwise allow­ had become a women's seminary. By 1932 it STATES WHICH HAVE OUTSTANDING able under this section with respect to em­ had been transformed into a full-fledged junior LOAN BALANCES. ployers in a State to which subparagraph college for women. In the early 1970's Brad­ (a) IN GENERAL.- Section 3302 of the Fed­ applies for a taxable year shall be re­ ford began to admit male students and offer a eral Unemployment Tax Act is amended by duced by an amount that bears the same 4-year bachelor program. But, according to adding at the end thereof the following new ratio to 100 as the balance of outstanding ad­ current vice president and Academic Dean "(h) LIMITATION ON CREDIT REDUCTION FOR vances made to the unemployment account Janice Green, the school had lost its sense of EMPLOYERS IN CERTAIN STATES.- of the State bears to the total amount of direction. Money and morale were running " (1) IN GENERAL.-ln the case of a State wages APPLICATION.-The amendment made he presented to the search committee the 1988, the reduction under subsection (c)(2) by this section shall apply with respect to in credits otherwise applicable to taxpayers any taxable year beginning on or after Jan­ blueprint for what would become known as subject to the unemployment compensation uary 1, 1987. the Bradford plan for a practical education. law of the State for the taxable year shall For Levine, the plan was to help prepare stu­ be reduced by 0.1 percent in the case of tax­ dents for the working world without being "vo­ able year 1987 and 0.3 percent in case of THE BRADFORD PLAN cational" and without sacrificing a strong em­ taxable year 1988. phasis on the liberal arts. As Levine himself "(2) REQUIREMENTS FOR PARTIAL LIMITA· says: "I wanted to show we could do educa­ TION ON REDUCTION.-The requirements of HON. NICHOLAS MAVROULES tion instead of training." this paragraph are met by any State with OF MASSACHUSETTS respect to taxable year 1987 if- The Bradford plan was developed by Levine " as of January 1 of each of the preced­ IN THE HOUSE OF REPRESENTATIVES in conjunction with the school's faculty, and ing 3 taxable years the State had a balance Wednesday, July 1, 1987 with the assistance of curriculum specialists of outstanding advances made to its unem­ he had met during his years with Carnegie. In­ ployment account under title XII of the Mr. MAVROULES. Mr. Speaker, I rise today stituted on a mandatory basis in 1984, the Social Security Act, and to bring to the attention of my colleagues one plan consists of seven elements. The curricu­ " (B) for the cumulative period of the pre­ of the numerous examples of worthy and lum requires nine courses of "general educa­ ceding 3 taxable years the amount of em­ prestigious educational institutions in the New ployer contributions to the unemployment tion," two semesters of extensive expository England area-Bradford College. However, writing, and a semester of study in the lan­ account of the State exceeded the amount the thing that makes this college particularly paid out of the account as unemployment guage and logic of mathematics. The first year benefits. noteworthy is the unlikely source of its at Bradford ends with the Freshman Inquiry "(3) REQUIREMENTS FOR FULL LIMITATION strength and leadership. Program in which the student evaluates his or ON REDUCTION.-The requirements of this Arthur E. Levine's years as a radical student her own experience and charts a tentative paragraph are met by any State with re­ at Brandeis University in the 1960's would course for further education. spect to taxable year 1988 if- seem to argue strongly against his becoming Juniors and seniors must complete a com­ "(A) the State met the requirements of part of the educational system. Few would prehensive, interdisciplinary major-many paragraph (2) for taxable year 1987, have imagined that he would attempt to revive choose the Bradford option of a liberal arts " that the State satisfies the require­ a long list of impressive credentials. After re­ ments of subparagraphs . . and of ceiving his BA in biology from Brandeis in history, fiction, and social theory. Finally, to subsection (f)(2). 1970, Levine spent a gruelling year as a con­ graduate, every senior must complete a senior "(4) CREDIT REDUCTIONS FOR SUBSEQUENT project-a thesis, performance, or other body YEARS.-If the credit reduction under sub­ tract substitute teacher in the Boston public school system. During this time he and a of professional caliber work. Although each of section <2> is limited by reason of para­ these elements can be found at other graph <1) of this subsection for taxable year Brandeis classmate wrote a book based on 1987 or 1988, for purposes of applying sub­ their studies of educational policies at col­ schools, Levine maintains that they find their section <2> to a subsequent taxable year leges and universities around the country. best integration at Bradford. does not apply), the Levine proceeded to obtain a dual Ph.D. in Because of the urgency of the situation, the taxable year for which the credit reduction education and sociology from State University Bradford plan found quick approval, according is limited into practice. As he says: would result in the payment of additional I wanted to prove three things: that the again begun to donate. Indeed, the $5 million taxes by taxpayers in the State in an liberal arts are vital and vibrant, that the fund drive begun in late 1984-Bradford's first amount that exceeds the balance obviously of 1989, 22 percent of the students came to These areas afford numerous opportunities suffering. That could help prevent the Bradford from the top one-fifth of their class. for primitive recreation with their native trout tragic situation in which a former patient's streams, black bear and wild turkey habitat, health slowly deteriorates while he is living It is obvious that Bradford College is a on the streets. school on the rise, but it is too soon to deter­ mature hardwood forests with large areas of Lawyers could still represent the interests mine what affects the Bradford plan has had mountain laurel, giant hemlocks, and virgin of a homeless person who was back-brief­ on the lives of individual students. Levine stands of timber. ly-in a hospital. But meanwhile the mental stands firm in his support of the plan and in As wilderness, the pristine beauty and di­ health system would be providing the care his determination to endow the students with verse natural resources of these areas will be and medication needed to enable that knowledge that will carry them for the rest of preserved for the enjoyment of present and person to be released again and to live with their lives: future generations. The region will benefit eco­ some degree of independence. Shelter pro­ viders could be better incorporated into the I'd like every student to graduate with nomically from wilderness designation due to increased tourism resulting from hunters, care system. Is this feasible? A walk three things that a lot of colleges don't through the streets and the shelters shows have. One is a sense of hope. This genera­ sportsmen, hikers, and naturalists visiting that the legal "victories" haven't stopped tion doesn't have a lot of that. I'd like them these areas. the suffering of the chronically mentally ill. to have a sense of responsibility. In a me­ Virginia's proud tradition of treasuring its There has to be room for a new approach. oriented world, that's real important. And historical and natural landmarks is further en­ in that collage of variables is a sense of effi­ hanced by the protection of these resources, cacy-that what they do matters. and I hope that my colleagues will join with PROJECT RECOVERY SEEKS me in supporting the Virginia Wilderness Act MISSING U.S. SERVICEMEN THE VIRGINIA WILDERNESS ACT of 1987. OF 1987 HON. AMO HOUGHTON WHEN THE HOMELESS ARE ILL OF NEW YORK HON. RICK BOUCHER IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA HON. ROBERT GARCIA Wednesday, July 1, 1987 OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Mr. HOUGHTON. Mr. Speaker, a group of IN THE HOUSE OF REPRESENTATIVES Wednesday, July 1, 1987 Vietnam veterans from Allegany County, in the Wednesday, July 1, 1987 southern tier of New York State, are opening Mr. BOUCHER. Mr. Speaker, I am pleased Mr. GARCIA. Mr. Speaker, we are all con­ their hearts in the great American tradition of to join with Congressman JIM OUN today in in­ cerned about the homeless and are attempt­ never giving up concern for their fellow man. troducing the Virginia Wilderness Act of 1987. ing to provide shelter and other services for They have come up with an idea which de­ My Virginia colleagues Mr. PARRIS, Mr. S1s1- them. However, I feel we are not providing serves recognition. It is known as Project Re­ SKY, Mr. PICKETT, Mr. SLAUGHTER, Mr. BATE­ enough. What are we doing to help those covery. MAN, Mr. WOLF, and Mr. BULEY are cospon­ people who suffer from mental illness? We Project Recovery is a proposal by a few sors of the legislation, and Senators WARNER can provide shelter and food, but unless we men to return to Vietnam in order to build and TRIBLE are introducing companion legisla­ address their mental illness problems we are roads, bridges, and hospitals destroyed during tion in the other body. not going to be successful in getting these the Vietnam war. This legislation designates approximately people off the streets, and we are certainly In exchange, the only thing they ask is the 25,000 acres in Virginia and one tract of 2,500 not going to end their pain and suffering. promise that the Government of Vietnam do acres in West Virginia as part of the National I include the following editorial from the July two things: First, free any live Americans Wilderness System. This acreage includes the 1 edition of the Washington Post and highly found there. Second, to return the final re­ designation of four wilderness study areas in recommend it to my colleagues: mains of Americans who are missing in action. the Jefferson and George Washington Nation­ WHEN THE HOMELESS ARE ILL Talks between the veterans organization al Forests as wilderness, a technical correc­ and a representative of the Vietnamese Gov­ tion made to an existing wilderness area, and A walk through downtown Washington will invariably take you past one or more ernment are currently taking place. No one the addition of 2,500 acres in West Virginia to haggard and homeless people who are obvi­ knows what may be found, but I truly hope an an existing wilderness area in Virginia. ously mentally ill. Some 1,500 to 2,000 of agreement can soon be reached, and in the Due to concerns raised by the Westvaco these men and women now live on the city's spirit in which our men intend it. Project Re­ Corp. about the possible effect of wilderness streets and in its homeless shelters. The ad­ covery has the chance to put to rest the fears designation on Clean Air Act requirements for vocates who fought vigorously for the free­ felt by many American families. its paper mill in Allegheny County, VA, the dom of former patients blame mental areas of Rich Hole, Rough Mountain, health systems that have been distressingly Shawvers Run, and Barbours Creek were des­ slow in developing community-based mental THE UNITED STATES AND THE health care. State and local governments ARIAS PEACE PLAN ignated as wilderness study areas in the Vir­ blame advocates for forcing deinstitutional­ ginia Wilderness Act of 1984. Having now de­ ization faster than comprehensive outpa­ termined that it will not be adversely affected, tient care can be set up. HON. BILL LOWERY Westvaco has withdrawn its opposition to the Both sides are partially responsible for OF CALIFORNIA wilderness designation of these areas. the 100,000 former mental patients across IN THE HOUSE OF REPRESENTATIVES The legislation makes a technical correction the country who are homeless and without to the Lewis Fork Wilderness Area. Mistaken­ regular care. In this city and elsewhere, the Wednesday, July 1, 1987 ly, 72 acres were accidentally omitted from the people who know this best are the shelter providers. They watch the victories by civil Mr. LOWERY of California. Mr. Speaker, official map for this area following passage of libertarians, knowing that more former during the past week there has been some the Virginia Wilderness Act of 1984. This mis­ mental patients will turn up at their doors. speculation in the press that the United States take is corrected by the addition of the 72 They listen to local governments' claims of is trying to undermine the Central American acres in this legislation. improved community-based care, knowing peace plan proposed by President Arias of 18712 EXTENSIONS OF REMARKS July 1, 1987 Costa Rica. These reports ignore the real The second repository is technically unnec­ CHINESE VIOLATION OF HUMAN problem confronting the Arias plan and all ef­ essary. It would be an unneeded exorbitant RIGHTS IN TIBET forts to achieve peace in Central America. expenditure of several billion dollars of rate­ The real obstacle to a negotiated peace is the payers' money. As the Department stated last HON. TOM LANTOS Sandinista government. May, "spending hundreds of millions of dollars OF CALIFORNIA As a true Marxist-Leninist dictatorship, the now on siting would be premature and un­ Sandinistas pay lip service to the cause of sound fiscal management." IN THE HOUSE OF REPRESENTATIVES peace, but they will not end their attempts to We believe the enactment of this legislation Wednesday, July 1, 1987 dominate their citizens and their neighbors will address the needs of the nuclear power Mr. LANTOS. Mr. Speaker, recently, this unless they have no alternative. Unfortunately, industry. This plan extends deadlines without House unanimously adopted legislation criti­ the Arias plan in its current form gives the risk, effectively creating time for our scientific cizing the People's Republic of China for Sandinistas too many ways to avoid establish­ community to develop safer and more practi­ gross violation of the human rights of the ing a truly democratic society and ending cal means of nuclear waste disposal. people of Tibet. Just a few days ago, the New their threat to their neighbors. We urge our colleagues to join in supporting China News Agency criticized that action of For the Arias plan to have a real impact, the this responsive initiative. the House and published a report quoting Sandinistas must agree to negotiate with the former U.S. President Jimmy Carter about the Contras, just as President Duarte has talked favorable human rights conditions in Tibet. with the rebels in El Salvador. If the Sandinis­ TRIBUTE TO RUBY GERTRUDE According to the Chinese press, Mr. Carter tas agree to talk with the resistance, then a BROOKS said that the Congress will change its views cease-fire has real meaning. The Arias plan after he returns to Washington and reports on currently only calls for an end to support for HON. STENY H. HOYER his two-day visit to Tibet. The Chinese press the resistance in Nicaragua, thus it would quoted the former president as saying that re­ eliminate the only pressure on the Sandinistas OF MARYLAND ligious freedom was flourishing in Tibet. to reform their government. IN THE HOUSE OF REPRESENTATIVES After the publication of that report, however, Mr. Speaker, no Communist government Wednesday, July 1, 1987 Mr. Carter apparently had second thoughts. At has ever voluntarily shared power. If the goal a news conference in Beijing yesterday, he of the Arias Plan is to allow the Sandinistas to Mr. HOYER. Mr. Speaker, on this day, said that there was still a long way to go show their true totalitarian colors, it will suc­ wish to pay tribute to a remarkable person, before Tibetans could enjoy full religious free­ ceed in its present form. If its goal is to bring Mrs. Ruby Gertrude Brooks. Her life-long com­ dom. Furthermore, he noted that his impres­ peace to Central America, then it must be mitment to serving her community will be long sions of Tibet were based on a short 2-day changed to force the Sandinistas to negotiate remembered. visit and his Chinese guide was with him and a real peace agreement. Born on October 22, 1914, in New York translated for him during the entire time. City, Ruby displayed her many talents at an Mr. Speaker, I am delighted that Mr. Carter INTRODUCTION OF THE early age. Throughout her life, Ruby combined has corrected himself. This House recently­ MISSION PLAN AMENDMENTS these talents to be a successful mother, and correctly-reported that Tibet has been dancer/choreographer, practical nurse, and subject to serious human rights violations by HON. ARLAN STANGELAND councilwoman of the thriving community of the Chinese Government. More than 1 million Seat Pleasant, MD. Tibetans have died as a result of famine and OF MINNESOTA Her dancing career started at the Grace political turmoil in the last 40 years. Thou­ IN THE HOUSE OF REPRESENTATIVES Jeils School of Dance. In the mid-thirties and sands of monasteries have been destroyed. Wednesday, July 1, 1987 early forties, she went on to make numerous Tibet has been subject to a large-scale influx Mr. ST ANGELAND. Mr. Speaker, today, appearances at the Apollo Theater, the of ethnic Han Chinese people, who are innun­ Congressman VIN WEBER and I are introduc­ Cotton Club, and other well-known clubs and dating the native Tibetan people and their cul­ ing the legislative vehicle to enable the De­ theaters in New York. ture. The Tibetan spiritual leader, the Dalai partment of Energy to continue administering Early in life, Ruby also showed an outstand­ Lama, has been forced to flee from his coun­ the Nuclear Waste Policy Act. ing interest in caring for the sick. This interest try, and he now lives in exile. Chinese leaders The Mission Plan · Amendments provides led her to become a member of the first black have said that he may return to China and live three important initiatives for nuclear waste class of the American Red Cross classes in · in Beijing, but he may not return to Lhasa. storage. Based on programmatic judgments, practical nursing. On many occasions, she Mr. Speaker, it is essential that we continue deadlines for development of the first nuclear volunteered as a practical nurse at Harlem to call the attention of the American people waste repository would be extended 5 years­ Hospital. and the attention of people everywhere to to the year 2003. The Mission Plan calls for a While traveling with her husband, Nathaniel these gross abuses of the human rights of the monitored retrievable storage [MRS] facility G. Brooks, who served in the Air Force, Ruby Tibetan people. which would serve as a temporary storage fa­ took on many public service tasks. She cility of nuclear waste. And, the preliminary served as a Girl Scout coordinator, a member of the Seat Pleasant Recreation Council, a RESPECT AND ADMIRATION FOR search for a second repository would continue BARNEY QUILTER to be delayed until late into the next decade. school crossing guard, and a family services In May 1986, the Department of Energy in­ housing coordinator. definitely postponed the search for a second Such kind-hearted actions led Ruby to be HON. MARCY KAPTUR repository. In the year since that decision was elected as the first black woman to the Seat OF OHIO issued, circumstances remain basically un­ Pleasant Town Council. She held this office IN THE HOUSE OF REPRESENTATIVES changed. There is no more need for a second from 1964 to 1972. Those who remember her repository today than there was a year ago. term on the town council recall her hard work, Wednesday, July 1, 1987 Departmental projections on the amount of caring attitude, and dedication to the town of Ms. KAPTUR. Mr. Speaker, for more than wastes to be generated over the next several Seat Pleasant and to her constituents. 25 years, Speaker Pro T em pore of the Ohio decades have been reestimated and the I was saddened to learn of Ruby's death on House of Representatives, Barney Quilter has volume is significantly lower. In 1982, when June 5, 1987 at the Malcolm Grow Medical epitomized the finest in public service. He the Nuclear Waste Policy Act was enacted, Center on Andrews Air Force Base. Her survi­ cares about people and people care about DOE projected 140,000 metric tons of waste vors include her husband, Nathaniel G. him. His rapport with his constituents is inspir­ would be produced by the year 2020. DOE Brooks, her daughters, Mrs. Jewell G. Brooks­ ing to witness. I know of no other public offi­ now projects, that, given the absence of any Jones; Mrs. Gertrude V. Jones; and Mrs. Jac­ cial who commands more respect and admira­ new nuclear powerplant orders, the generated queline V. DeShields, and many other rela­ tion from constituents and fellow legislators waste volume may be as low as approximately tives and friends. She will be dearly missed by than Barney Quilter. For me, he has been a 74,000 metric tons. all of us. friend, a role model, and an adviser. July 1, 1987 EXTENSIONS OF REMARKS 18713 Recently, The Toledo Blade's Sunday mag­ Harry Kessler and Mike Damas, former that night, everything was quiet. Later, azine did its cover story on Barney Quilter. As Toledo majors, agree: "It's hard to find any­ when I was old enough to understand, I a fellow T oledoan, it gives me a special feel­ body else held in such high esteem by so found out that when my dad left the house many people," says Mr. Kessler. that morning we were financially comforta­ ing of pride to enter the article in the CON­ "He has enough friends to elect him gov­ ble. When he came back, we were in pover­ GRESSIONAL RECORD for present and future ernor, and he'd be a damned good one," con­ ty. The banks had closed, the stock market generations of legislators to appreciate. tends Mr. Damas. "I don't have any broth­ had crashed, and he lost everything." BARNEY QUILTER: QUIET POWER IN THE OHIO ers, but if I could pick one or two or three Pulling the New Yorker to a stop near the HOUSE men as my brother, Barney would be one of intersection of Woodville Road and Prentice them," says House Speaker Riffe. Avenue, 50 yards from his current home, By Joe Hallett "For what he has gone through and the Barney recalled another fateful day, Dec. Barney Quilter was eating a Hungarian way he has faced things, Barney's in a class 15, 1961. He was hanging Christmas decora­ hot dog at the bar at Tony Packo's when by himself," he adds. "I always look at tions on the house when Mary came run­ Carty Finkbeiner walked in. Immediately Barney and see that Irish smile. That alone ning with news that someone had been hit heads turned and there was muffled conver­ is enough to inspire you." by a car at the intersection. Ascertaining sation across tables. Carty Finkbeiner was The smile. That's it. That's why people that their children were in the house, the target of instant recognition, discussion, like Barney Quilter. The smile has taken Barney sprinted toward the corner. and conjecture. him from obscurity in East Toledo to state­ "My mother had an orange coat. As I ran Carty glided through the restaurant, smil­ wide prominence. The reason is that Barney down to the corner, I could see an orange ing and waving, as the lunch crowd chirped doesn't end with the smile, he starts with it. coat. It hit me that it could possibly be her, about the city councilman's chances of de­ Behind the crinkly eyes and thin-lipped and I kept saying to myself, 'God don't let it feating Mayor Donna Owens in November. flash of teeth is a compassionate man whose be her.' It was her. I was the first person Seeing Barney, Carty stopped for a moment, own difficult life has taught him that life there. I laid her head in my lap. People just long enough to absorb the warmth of can be hard for others. So the smile is em­ brought blankets. I took her to the hospital the Quilter smile and to lecture Barney pathetic, designed to assure people that in the ambulance. We got there, and she about what the people of Toledo want. Hon­ even when life is bad it can be made good, died." esty and responsiveness, that's what Tole­ and that he understand they have problems Cruising on, the New Yorker passed Good doans want from the mayor's office, Carty and will do what he can for them. Mean­ Shepherd Parish at Clark and Nevada was saying. while, the smile says, let's be happy, because streets, where three generations of Irish Barney agreed, wished the councilman life's too short to be miserable. Catholic Quilters were baptized, schooled, well, and returned to his hot dog. The whole Barney dosn't talk much about his own married, and buried. The Quilter ties to scene begged for a comparison that Barney problems. He doesn't look >ack with sour­ Good Shepherd remain as strong as when Quilter would never make, indeed that he ness on a past that robbed l'im of a change Barney's grandmother, Briget Haley, a probably didn't even recognize. to make a name as a professio!lal boxer. He widow with four daughters, took in extra Here was Barney Quilter, speaker pro didn't ask for pity recently wt.en his older laundry to raise money to buy a stained­ tempore of the Ohio House of Representa­ sister suffered a paralyzing stroke. Barney glass window for the church. tives, the man who could become the next simply accepted the fact that, since her hus­ And then there was the old gym on East speaker of the Ohio House, sitting at Tony band had died, he must care for her. "I'm Broadway, where Barney used to train for Packo's, and only a handful of patrons the only one she has to turn to." And he fights. It was while he was fighting for the seemed to notice him. Here was the man kept smiling. DeSales College boxing team that James who, by virtue of his closeness to the cur­ Mary, though, is the true measure of Bar­ Bernard Quilter picked up the nickname rent speaker, Vernal Riffe, Jr., already is ney's character. In his Toledo life and in his "Barney" as he mimicked welterweight the second-most-powerful member of the Columbus life, Mary is always with him. His champion Barney Ross. Young Quilter had House, eating lunch in the middle of his dis­ mind, and heart never leave his wife of 43 more than 60 fights, losing fewer than a trict without a single constituent interrupt­ years, who has been stricken with Alzhei­ handful. ing him. mer's disease since 1978. His dream of turning professional was And here was a city councilman whose But let us consider events of the past that sidetracked by World War II, when he went presence was noted at every table, lecturing molded Barney Quilter. to Europe to fight the Nazis. It was dashed Barney Quilter, Toledo's unacclaimed politi­ Barney was born and raised and has lived permanently by the death of his father. cal powerhouse, about what the people in all of his 67 years in East Toledo. "His death changed my entire life. I just the city Barney has represented for 20 years Driving around his east side district on a couldn't think about doing anything else want. windy day in March his 1981 New Yorker but coming back and helping with the The irony of the situation could have showing no signs of retiring despite 176,366 tavern. That's where I was needed." been recognized with a single condescending Toledo-to-Columbus-to-Toledo miles, Bar­ After pulling off the gloves, he kept up comment from Mr. Quilter, but that's not ney pointed out the landmarks of his youth. with boxing by coaching the Glass Workers his style. His nature is to make friends and, There, at 513 Oak St., is where the family Union's boxing team in the late 1940s and to that extent, it is difficult to find anyone bar, the Green Oak Tavern, used to be. 1950s, producing several standout fighters who dislikes him. Barney Quilter, a man When his dad, James died of cancer at age and Golden Gloves champions. who seems to have no enemies, is a political 47 in 1939, Barney, two brothers, and two Barney was only peripherally interested anomaly. sisters were needed to help their mother in politics in those days. He first got in­ But how can anyone serve in the Ohio run the place. It was a time when Marie volved in the Democratic Party as a precinct House for 20 years without making en­ Quilter, affectionately called Nell by the committeeman, and later formed a Demo­ emies? How can anyone be part of the lunch crowd, was still struggling to get cratic club on the east side. But he had no House Democratic leadership team for 16 family on its feet after the stock market thoughts of ever being a candidate. Televi­ years, including 12 as speaker pro tempore, crash 10 years earlier. sion was ·beginning to sour the tavern busi­ second in command, without making en­ Barney will never forget the day in 1929 ness; people were staying home at .night in­ emies? How can anyone be one of Ohio's when, at age 9, he sat on the porch of their stead of gathering at the bar. With two chil­ most effective politicians without picking up modest house at 640 Leonard St. waiting for dren at home, it was time for a job change. foes along the way? his father to come home. Across Flatiron The once-bustling Green Oak, which at one Surely there are people who will tell you, Park, now called Prentiss Park, he could see time employed 11, was eventually sold and off the record, that Barney Quilter is no in­ the homes of his childhood playmates­ Barney took a factory job. tellectual giant, that at times he dresses like Howard Cook, who grew up to be a state In 1958, Joe Ferguson, the newly elected a dip, that he'll never win an American senator and who died in December, 1983; state auditor, called on Barney to take over Legion public speaking contest, and that his Kenneth Deshetler, who became a judge his patronage sales-tax stamp operation. dream of becoming the next speaker of the and director of the state insurance depart­ For four years Barney traveled the state, Ohio House is unattainable. ment, and Duane Sawyer, who became a closing state agencies operated by Republi­ But finding someone who dislikes Barney Marine Corps general. cans and settng up loyal Democrats in the Quilter is not easy. Barney watched his father walk across the tax-stamp-issuing business. Joe Wlodarz, a 75-year-old East Toledo ac­ park, returning from the now-defunct Bell He entered his first political race in 1961, tivist and friend of Barney for almost 60 & Beckwith brokerage firm, where he went and, along with newcomer Harry Kessler years, says as much. "If Barney ever had an on weekdays to track the activities of this and then-Mayor Mike Damas, was defeated enemy, they buried him long ago. He could considerable stock portfolio. for Toledo City Council. run for anything and win. That guy just sac­ "My dad patted me on the head, didn't say When Auditor Ferguson lost the election rifices every minute he's got for his people." a word, and went in the house. At dinner in 1962, Barney was offered a job in public 18714 EXTENSIONS OF REMARKS July 1, 1987 relations at the new Toledo Health and Re­ It is safe to say that no legislation passes area. He has doggedly pursued the develop­ tirees Center, formed by the United Auto the House without Speaker Riffe's blessing. ment of his pet project in Lucas County, Workers. He continues there today on a Without question, Barney is Vern Riffe's Maumee Bay State Park, and this year used part-time basis, keeping office hours Mon­ most loyal supporter in the House. "I stay his influence with Governor Celeste, Speak­ days and Fridays. with him even if I don't agree with him," er Riffe, and Senate President Paul Gillmor Former Mayor Damas, a loyal unionist, Barney admits. "I feel that I have to, be­ to assure funding in the state budget to was administrator of the retirees center and cause as leadership we have to speak with start construction on a first-class lodge and took note of the natural affinity Barney one voice for the Democrats. That doesn't golf course at the Lake Erie park. had for people. One day, Frank King, presi­ mean I'm afraid to disagree. In private, I In 1973, Toledo's master conciliator used dent of the Ohio Senate, came through on a tell Vern what I think, I raise the red flags. his backroom bargaining prowess to get courtesy call and became so impressed after But when he makes a decision, I'm with him $27 .5 million for new construction at the chatting with Barney that he promptly all the way." Medical College of Ohio from a tight state urged Chuck Ballard, then UAW regional The speaker counts on that loyalty and budget that permitted no other campus con­ director and president of the retirees center, capitalizes on the respect Barney has struction around the state. to persuade the young man to run for the earned from Republicans and Democrats in Even Harry Kessler, the former Toledo new House seat from Lucas County created both the House and Senate. "It's just a mayor and Barney's longtime friend, was by reapportionment. With recommenda­ pleasure having someone like Barney as surprised by Barney's power in Columbus in tions from Mayor Damas and Senator King, your right arm," says Mr. Riffe. " If I've got 1985. A controversial law change was des­ Mr. Ballard approached Barney. something I want to get across to the mem­ perately needed to provide the final piece of "I told him I didn't know if I could win, bers. Barney is my ambassador, because financing for Toledo's new downtown con­ but if I did, I wanted him to know that I they respect and like him, and they know vention center. Mr. Kessler, chairman of the would serve one term and one term only," that Barney believes in commitments. He convention center bureau, turned to Mr. Barney recalls. "I told him he better have keeps his and he expects others to keep Quilter, who enlisted Senator Gillmor's sup­ somebody else in the wings. That was 20 theirs." port to push through the legislation. years ago." Barney's strength is his ability to compro­ "I never realized the scope of Barney's in­ Since that first race in 1966, Barney has mise and as a result, he almost always is fluence in Columbus until then," Mr. stayed closely tied to labor and never has named by the speaker to House-Senate con­ Kessler says. "I don't think the average been challenged in a Democratic primary. ference committees assigned to work out person in Toledo has any idea how impor­ He has won at least 70 percent of the vote differences in key legislation. "If you need tant he is down there." against his Republican opponents. His dis­ to send somebody in to work out a problem, Gary Failor, general manager of the trict today encompasses East Toledo, much to compromise, to negotiate something, Toledo-Lucas County Port Authority, saw of the downtown area, and portions of they don't come any better than Barney," "very tangible" evidence of Barney's clout South Toledo near the Maumee River. says Mr. Riffe. "I've used him so many when $8 million was needed to fund $14 mil­ He has risen to become the second-most­ times on conference committee, because he lion of improvements to Front Street, a key powerful member of the House, and only a knows how to get things done, and the riverfront route for Toledo shipping. political neophyte would not recognize that reason for that is because he's got the re­ "We knew there wasn't enough time avail­ the source of Barney Quilter's power is spect of all the members." able to horse around trying to get the Vern Riffe. While Barney Quilter's ability is appreci­ money from the federal government, so we To understand why Barney Quilter can ated by House and Senate members, he is went to Barney," says Mr. Failor. Using his get things done for Toledo, one must first not generally considered a heavyweight in friendship with Rep. Fred Deering CD., know about Vern Riffe and how he got to be perhaps the most powerful person in Ohio the statewide arena, and, for years, was Monroeville), influential chairman of the government. Vern Riffe went to Columbus largely unappreciated at home. The State­ House subcommittee which oversees high­ from New Boston, an Ohio river hamlet, in house press corps pays little attention to way funds, and Peter Ujvagi, the Toledo city 1959, a bowtie-and-country-bumpkin him, partly because, unlike many legisla­ councilman who is one of Governor Ce­ manner belying a shrewdness for politics tors, he does not trumpet his accomplish­ leste's chief liaisons in Toledo, Barney was unmatched in Ohio today. ments. able to convince the Governor to earmark He, like the rest of the minority Demo­ "He's not a headline seeker," says Bar­ $8 million for Front Street. crats in the House, was just marking time ney's legislative aide, Joe Olecki. "I don't Back home, Barney keeps in touch with when the Crofters scandal of 1971 caused a think Barney ever sought the attention. I his constituents from his office at the great upheaval for majority Republicans at think it's consolation enough for him that Health and Retirees Center. "When people the polls the next year, and ushered in what he's done a good job for his area and had an have trouble, they go there and see has become a 15-year dominance of the influence on a lot of peoples' lives." Barney," says Mr. Wlodarz, the east side ac­ House by Democrats. Bob Miller, who has covered the State­ tivist. "What he has done for them has Quickly embraced by his colleagues as a house 23 years for the Associated Press, saved so much in lawyers fees it isn't even man who could be respected and trusted, agrees: "He's so low-profile I don't know if I funny." Barney was elected majority floor leader, can recall him taking the lead on anything Some constituents also know that twice a third in command behind the new speaker, major statewide. But Barney takes care of week, they can find Barney at the 21st Cen­ A.G. Lancione, and the new speaker pro his district. tury Health Spa in the Great Eastern Shop­ tempore, Mr. Riffe. Then came the coup "You also have to remember that Bar­ ping Center. "The steam room is a good d'etat of 1974. ney's working in the shadow of Vern Riffe, place to hear opinions. Some guys will come Sitting in the Clock Cafe in Columbus one somebody who has unprecedented power. It in there and read me out about things that night, Barney and his Toledo colleague, would be difficult for anybody to stand out are happening in Columbus. When you walk former Rep. Art Wilkowski, lamented the next to Riffe." out of there, you have a good idea what decision by the aging speaker, Mr. Lancione, Those who operate within and around the middle America and Toledo are saying to renege on his promise to serve only one Statehouse are cognizant of Barney Quit­ about almost any issue." term. House Democrats, they complained, ter's influence on state government. "It's Although he has not sought acclaim for seemed to be directionless under Mr. Lan­ kind of nice to call someone in a department what he has done for his district, there is a cione and he should not block younger here and say you're from Barney Quitter's hint of bitterness when he talks about the blood from taking over. office and then just watch how quickly recognition that finally has come his way. Mutiny was hatched as Quilter and Wil­ things get done," says Mr. Olecki. For years, retired Sen. Marigene Valiquette, kowski charted a new Democratic leadership "I think it's very important to have senior member of the Toledo legislative del­ team on a bar napkin. Barney on your side," says James Spencer, a egation, got all the ink back home, while Gathering a coalition behind Mr. Riffe, lobbyist for University Hospitals of Cleve­ Vern Riffe got it in Columbus. Representatives Quilter and Wilkowski led land. "He has an ability to maintain a sense "When Vern is down in his district, he's the bid to topple Speaker Lancione. of perspective that sometimes gets lost in revered as a god," says Barney. "Up here (in Through his support of Mr. Riffe, Barney this business. He's a very caring, very right Toledo), I think I'm looked at as something had collected a blue-chip IOU, and was kind of guy with a tremendous reservoir of less than a city councilman." elected speaker pro tern. Mr. Riffe has common sense . . . You could be around this Ironically, for all his accomplishments, it gained near autocratic control over House building for five years and not understand was a speech Barney made on the House Democrats, rewarding those who are loyal how important he is to it. There's no fan­ floor about his wife, Mary, that landed his to him with committee assignments and fare, no whistles, no bells, but Barney has name in newspapers and on newscasts across generous financial support from his rich made a difference." Ohio. Last June, Barney rose to speak about campaign warchest, and punishing those There are tangible signs of the difference a bill he proposed to help Alzheimer's vic­ who oppose him. Barney Quilter has made for the Toledo tims. Afterward, he said he had no intention July 1, 1987 EXTENSIONS OF REMARKS 18715 of mentioning Mary; he didn't want to next speaker boils down to a fight, he's active participant in the Charles County reveal her condition to all of Ohio. ready for it. Humane Society. Moreover, he has become Mary was his-his wife, his companion, his "I'd be in there with both feet. I think I'd the embodiment of the able, learned, and pa­ love, his world, and his problem-and he probably be the most formidable candidate tient administrator and, as such, has become would forever protect what they once had simply because I've served next to the together, and what they still meant to each speaker for so long that I know how the a model for many other educators in his com­ other. But it just came out. He tried to con­ office works and how things get done. I munity. While John Vermeulen will be sorely trol the quivering voice, he tried to hide the don't think there's anybody opposed to me, missed, I believe I am speaking for all when I tears, but it was not use. All that Barney but I wouldn't say I have it wrapped up. I say that the lessons, impressions, and marks felt for Mary poured out onto the floor of would hope the majority of Democrats he has left for his successors will last far into the House. would support me." the future. It was deadly silent. Speaker Riffe turned Barney Quilter, speaker of the House. So, Mr. Speaker, I would therefore like to his back to conceal his own tears. Toledo would have to notice that! once again extend my appreciation and heart­ And Barney, with uncommon eloquence, told Ohio about the life he and Mary rel­ felt congratulaticns to John Vermeulen, who ished before Alzheimer's, the disease that BLESSING DENIED stands as a source of great pride to his family, took her mind but left her body. Barney friends and all in Maryland's First Congres­ Quilter laid open his soul and let Ohio know HON. ANDREW JACOBS, JR. sional District. that beneath that ever-present smile is a OF INDIANA man who aches for the return of the woman he loves. IN THE HOUSE OF REPRESENTATIVES CALL FOR CAUTION AS WE CON­ Barney Quilter wants to be the next Wednesday, July 1, 1987 SIDER ANWR'S ROLE IN OUR speaker of the Ohio House. Vern Riffe says he'll probably run for governor in 1990, and Mr. JACOBS. Mr. Speaker, our beloved NATIONAL ENERGY POLICY he wants Barney to follow him as speaker. country has enjoyed many generous bless­ "If I'm sitting down there (in the governor's ings, but one blessing denied to us has been HON. PETER A. DeFAZIO office), I need somebody here I can trust," the presidency of MORRIS K. UDALL of Arizo­ says Mr. Riffe. "If it's legislation or what­ na. OF OREGON ever, I know that what Barney would tell IN THE HOUSE OF REPRESENTATIVES me about it is the way it's going to ... if Barney were to announce that he wanted to A TRIBUTE TO MR. JOHN N. Wednesday, July 1, 1987 be speaker if I happen to go for governor, I VERMEULK~ doubt very much whether there would be Mr. DEFAZIO. Mr. Speaker, I rise to com­ any opposition, becasue he's just got that mend to my colleagues a letter I recently re­ respect of the members." HON. ROY DYSON ceived from the Hon. Jay S. Hammond, But the day Speaker Riffe announces his OF MARYLAND former Governor of Alaska. In his letter, Gov­ candidacy for governor is the day many be­ IN THE HOUSE OF REPRESENTATIVES ernor Hammond addresses some of the major lieve he will cease to be a factor in the Wednesday, July 1, 1987 concerns raised by the administration's head­ House. Political egos, long sequestered long rush to open the Arctic National Wildlife under the Riffe regime, will be unchained, Mr. DYSON. Mr. Speaker, I rise today to Refuge to oil development. and the process of selecting his successor salute a man for his lasting contributions to Governor Hammond's letter is an elequent could turn into a bloodbath for the Demo­ the education of students in and out of Mary­ cratic caucus. call for caution as we consider the ANWR's "Anybody who thinks he can have any­ land's First Congressional District. I speak of role in our national energy policy. thing handed to him on a silver platter Mr. John N. Vermeulen, who is retiring today PORT ALSWORTH, AK, around here is badly mistaken," says one after serving as an educator for 33 distin­ June 15, 1987. longtime observer of the Statehouse. "I guished years-15 of which were spent as Hon. PETER DEFAZIO, don't think Vern Riffe can hand the speak­ principal of Indian Head Elementary School in House of Representatives, Longworth House ership to Barney." Indian Head, MD. Office Building, Washington, DC. He, like others, believes Barney would I strongly believe that our Nation's un­ DEAR REPRESENTATIVE DEFAZIO: The 100th make a good speaker, but may not be tough matched level of prosperity and intellectual Congress presents you with a most difficult enough for the fight. "He lacks the killer in­ task, deciding whether to move legislation stinct to take out everybody who's in his advancement has been made possible by the to open the Alaska National Wildlife Refuge way." superb education provided our citizens by to oil and gas development. Back A well-connected lobbyist agrees: "I don't America's public school teachers and adminis­ in 1980 when the Alaska National Interest think the fire in Barney's belly burns hot trators. Indeed, a source of America's great­ Lands Conservation Act If more American shipping companies had crats, now in control of the budget-making Merchant Marine vessels, the unemploy­ process, are still playing the same old tune of IN THE HOUSE OF REPRESENTATIVES ment rate in the United States would drop. slashing defense, raising taxes, while claiming Wednesday, July 1, 1987 Many jobs would be provided by shipyards to make "spending cuts" through the use of for people who could work as shipbuilders. Mrs. SCHROEDER. Mr. Speaker, today I am This would also provide jobs for people to sham economics. introducing the Excellence in Government work on the ships when they are running. Mr. Speaker, this editorial clearly spells out Management Act. This bill implements the rec­ Having a lower unemployment rate would why we are in trouble with the budget, and I ommendations of the Twentieth Century Fund make the economy much stronger. ask that the text of the June 28 editorial be Task Force on the Senior Executive Service, These reasons, among others, indicate inserted in the record. chaired by Gov. Charles S. Robb. that the United States Merchant Marine is very important to our way of life. Although The editorial follows: The task force found that the Senior Execu­ there are many people in our country who [From the San Antonio Express-News, June tive Service had not lived up to its potential. are unaware of the necessity of the Mer­ 28, 1987] The Robb task force said that career civil chant Marine, all Americans should be edu­ servants must be at the center of policy for­ DEMOCRAT BUDGET SHOWS No CHANGE cated about the Merchant Marine, and do mulation; that the quality of political appoint­ what they feel they can do to support it. It For the first time since 1980, Democrats ees needs to be improved; and that more would be beneficial to all Americans if they are unambiguously in charge of congression­ must be done to bring talented young people al budget-writing. The spending plan recent­ encouraged their government representa­ into Government. tives to create new laws that would better ly agreed to by the Democratic House and protect American-registered ship owners. Senate leaders lets one see whether they I believe the public service is now facing a The future of our country could some day have changed their philosophy since their crisis. Career civil servants cannot aspire to depend on our use of national and interna­ party last controlled both chambers. They the most responsible and important positions tional waterways. Having a large, strong have not. in Government because those positions have United States Merchant Marine is neces­ The leaders' budget plan would raise taxes been filled, to an increasing extent in recent sary, and something about which all Ameri­ by $65 billion over the next three years. If years, by political appointees. Important man­ cans should care. President Reagan vetoes that increase, as he agement positions are too often filled by politi­ has promised, the plan would cut defense cal appointees who are not qualified by train­ PERSONAL EXPLANATION spending. Even if the president swallows ing, temperament, experience, or knowledge higher taxes, the plan would keep defense for the positions they occupy. The Govern­ from growing enough to match inflation­ ment's institutional memory is declining be­ HON. DAVID E. BONIOR for the third year in a row. cause the most responsible and important po­ OF MICHIGAN The Democrats' budget would supposedly sitions are filled by political appointees who cut non-defense spending by $11 billion, but IN THE HOUSE OF REPRESENTATIVES generally serve for relatively short periods of that figure is meaningless. It would soon be Wednesday, July 1, 1987 virtually wiped out by just one bill that re­ time. Mr. BONIOR of Michigan. Mr. Speaker, on cently cleared a House committee: a cata­ Career executives live in fear of personnel Friday, June 26, 1987, I was absent from strophic-illness proposal likely to cost about actions motivated by political considerations. House proceedings because of a recurring $9 billion more than officially estimated. These political forces convince many top back problem. My physician ordered quiet It is easy to get bored with the repeated, career managers to abandon Government ca­ bedrest to relieve resulting pain and discom­ partisan volleys between the president and reers earlier than they would have otherwise. fort. Had I been present, on the following roll­ House Speaker Jim Wright, D-Texas, on the Civil servants are paid substantially less than call votes. I would have voted: budget-the former demanding spending their private sector counterparts. Many of the cuts, the latter tax hikes. The instinctive re­ most talented young people, especially those "No" on rollcall vote 220. sponse is to assume that the truth lies in "Aye" on rollcall vote 221. with training in fields of study needed by the the middle. But that assumption is belied by Government, are not attracted to a career in "No" on rollcall vote 222. three numbers. "Aye" on rollcall vote 223. Government service. And the civil service has The first number is $170 billion. That is been the target of unfair, politically motivated, On Tuesday, June 30, 1987, I was unable to the amount by which federal revenues rose cast a vote on rollcall vote 236 because of an from 1981 to 1986. Note tht it is a positive, and productivity reducing attacks by elected appointment with my physician. Had I been not a negative number: Contrary to the im­ officials. present, I would have voted "Aye." pression one gets from Wright and his I believe we must act now to deal with the allies, Reagan's tax cuts did not reduce fed­ crisis in the public service. A stronger public eral revenue. The "supply-side" did boost service increases the productivity of Govern­ DEMOCRAT BUDGET SHOWS NO federal income. ment and its ability to solve the problems of CHANGE The second number is $115 billion-the society. The bill deals with the crisis by- amount by which defense spending rose Increasing the likelihood that the Govern­ HON. LAMAR S. SMITH during the same five-year period. Observe ment can recruit, retain, and effectively deploy that it is a lot smaller than the first OF T~XAS the best employees; number. Contrary to Capitol Hill rhetoric, it IN THE HOUSE OF REPRESENTATIVES Ensuring that those who occupy manage­ was . Service to develop a public information cam­ countless balanced budget amendments intro­ Section 4 requires that a Senior Executive paign to encourage a positive image for the duced in Congress. Unfortunately though, Service position be filled only by a these amendments have not received broad career appointee if it is necessary to insure public service and an educational program for use in schools to encourage students to based support. I am very pleased to report impartiality or if the job involves managing that for the first time, I believe we have come career employees. consider careers in public service. The Coun­ Section 5 clarifies that the 10% limit on cil would go out of business after two years. up with a bill that will garner the support of noncareer senior executives government­ sizable numbers of Democrats and Republi­ wide and the 25% limitation on individual cans. agencies applies just to filled positions, not OPPOSITION TO EUROPEAN I have joined more than 230 of my col­ to all established positions. COMMUNITY'S MEAT DIRECTIVE leagues in the House in cosponsoring legisla­ Section 6 limits to 900 the number of tion to add an amendment to our Constitution Schedule C (political> appointees at GS-13 requiring a balanced budget. and above. The current number is nearly HON. LYNN MARTIN 1,000. I am convinced that where other amend­ Section 7 requires OPM to report to Con­ OF ILLINOIS ments have failed, this one can be successful. gress within 30 days after the appointment IN THE HOUSE OF REPRESENTATIVES The list of supporters within Congress has to a career position of an individual who grown, just as the number of Americans clam­ was, within the preceding six months, a po­ Wednesday, July 1, 198 7 oring for the amendment has increased. Re­ litical appointee. Mrs. MARTIN of Illinois. Mr. Speaker, today sults of a CBS/New York Times poll released Section 8 establishes one career and one I am joined by over 40 of our colleagues in in­ just 3 weeks ago showed that 85 percent of noncareer Qualification Review Board to the American public favors adopting a bal­ certify the managerial competence of ap­ troducing legislation intended to send a strong pointees to SES positions. message to the European Community that the anced budget amendment to our Constitution. Section 9 establishes a geographic reloca­ United States will not sit idly by while they I believe we are going to get the broader tion benefit of no less than 10% nor more close off another market for U.S. farm prod­ support we need. With this amendment we than 20% of pay for senior executives who ucts. Our resolution expresses the opposition have designed a flexible mechanism which ac­ knowledges that there are times when an un­ are reassigned outside their commuting of the Congress to the EC's "Third Country area. balanced budget is acceptable economic and Meat Directive" and urges the administration Section 10 clarifies the 120-day get-ac­ fiscal policy-recessions, states of emergen­ to take strong countermeasures if the EC un­ quainted period during which career senior cy, and war, are just a few of the examples. executives cannot be reassigned, detailed or fairly applies the directive to U.S. red meat removed. Our intent with this amendment is not to products. mandate a balanced budget every single year, Section 11 requires OPM to encourage The pending EC proposal would curtail U.S. senior executives to make greater use of the but rather to try to increase the likelihood of authority for sabbaticals. Fewer than two meat imports into the EC by imposing unsub­ balanced budgets during periods of sustained dozens sabbaticals have taken since they stantiated health requirements on U.S. meat economic growth. were established in 1978. processors. U.S. meat plants that do not Furthermore, this legislation will help to Section 12 requires OPM to report on sab­ comply with the directive by December 31, better ensure that more reliable revenue esti­ batical usage in its annual report to Con­ 1987, will be unable to export to the EC. All mates are used as a basic building block for gress on the SES. countries are entitled to set standards to pro­ Section 13 creates a Government Service future budgets. This amendment would require Fellowship Program, based on the ROTC tect their citizens' health, but the EC stand­ future presidents to propose balanced budg­ model. College and graduate students would ards are blatantly unfair because these same ets, not just talk about them. have tuition and books paid for and receive standards do not apply to themselves. The proposed amendment requires Con­ a monthly stipend in exchange for a com­ The EC directive directly threatens a $130 gress and the President to agree on a reve­ mitment to government service. OPM would million export market for U.S. livestock farm­ nue estimate prior to each fiscal year. It re­ administer the program and would select ers and ranchers. The EC already exports quires that outlays may not exceed estimated students based on academic performance revenues unless three-fifths of the House and and the needs of the govenrment for em­ three times more red meat to the United ployees with certain skills. Successful com­ States than we export to them. the Senate votes for a specific dollar amount pletion of the academic portion of the pro­ Next week, U.S. Trade Representative Clay­ of deficit spending. gram would guarantee placement in a Fed­ ton Yeutter and Agriculture Secretary Lyng will The amendment prohibits the public debt from increasing unless three-fifths of each eral job. The participant would have to meet with their European counterparts in serve in the government for a period twice House of Congress approves an increase in Washington to discuss the EC meat directive as long as the period during which the gov­ the debt. The legislation further requires that among other issues. While the EC delegation ernment paid for his or her tuition. The tax increase bills can be approved by a major­ program would be limited to the admission earlier had agreed to include representatives ity of the total membership of each House. of 1,000 students per year. of our meat and livestock industries in the Section 14 requires OPM to establish min­ Presently, tax increase bills can be approved talks, the Europeans last week announced by a simple majority of those present and imum periods of required management they no longer were interested in discussing training over a fixed period of years for su­ voting. pervisors, managers and executives and this issue with the U.S. meat industry. The amendment requires the President to would establish a required training program It's time the Congress sent a message to submit a balanced budget each year and the for political appointees in the operations of the EC that we will not tolerate the "double provisions of the amendment are waived for government and ethics. standard" which the EC has imposed on us. If any year in which a declaration of war is in Section 15 requries that the performance the EC is serious about protecting its public effect. The amendment would take effect in appraisals of noncareer SES appointees be sent to the President, so that the President against unsafe meat, then maybe it should 1991. is responsible for the performance of politi­ look in its own street markets. Mr. Speaker, Some people in Congress and throughout cal appointees. where's the EC beef? the country view a balanced budget amend­ Section 16 provides that the dollar value ment as a cureall-a solution to our economic of Presidential Rank awards for outstanding woes. Adopt one, they think and the deficit July 1, 1987 EXTENSIONS OF REMARKS 18721 will come tumbling down. These people are ice at the VA Medical Center in Miles City, storms passed, John made it to National Air­ likely to be very disappointed. Our amendment MT, which demonstrates how the VA employ­ port right on schedule. John told reporters does not represent an easy solution, there ees feel about their medical computer system. that to him, the turbulence was fun, "like a isn't one. This amendment is an important The letter follows: roller coaster!" part of the solution. The most important ingre­ MILES CITY. MT. John should serve as an inspiration to those dient, however, is our political will. We must May 21, 1987. of us privileged to govern this Nation. He em­ have the will and the stamina to make the Hon. G.V. MONTGOMERY, bodies the spirit of what makes America great: Chainnan, Committee on Veterans' Affairs, tough choices necessary on spending on rev­ House of Representatives, Washington, individual initiative, courage and dedication to enues. Without that will, all the balanced DC. this craft. He's full of the pioneer spirit that budget amendments in the world won't bring DEAR MR. CHAIRMAN: The VA Medical distinguishes his home State of Texas, and us the goal we seek. Center in Miles City, Montana has utilized I'm proud to represent him in the U.S. Con­ In this the 200th year of our Constitution, the Decentralized Hospital Computer Pro­ gress. the addition of a balanced budget amendment gram since 1985. The current program is the most popular American issue yet to be should be maintained for the following rea­ addressed by Congress. We would like it to be sons: PROMOTION OF THE 8(a) PRO­ 1. Time, effort and resources have been this Congress' constitutional birthday gift to GRAM AND DISADVANTAGED spent implementing the current program. BUSINESSES the American people. Definite advantages would have to exist before implementing a new program could be considered profitable. In addition to the HON. BILL RICHARDSON THE FREE ENTERPRISE TRAIL expenditure of more resources, stress placed OF NEW MEXICO on personnel is costly. IN THE HOUSE OF REPRESENTATIVES HON. GERRY E. STUDDS 2. With current and unpredicted budget OF MASSACHUSETTS constraints, administration is ever more reli­ Wednesday, July 1, 1987 IN THE HOUSE OF REPRESENTATIVES ant upon accurate cost and productivity in­ Mr. RICHARDSON. Mr. Speaker, we all feel formation. With our DHCP that informa­ Wednesday, July 1, 1987 tion is readily available, allowing for more very deeply that the minority small business community should be provided with a mean­ Mr. STUDDS. Mr. Speaker, it is my privilege expedient decision making. If this source of information is lost, the gathering of infor­ ingful opportunity to participate in the govern­ to bring to the attention of my colleagues the mation would occur manually, resulting in ment contracting arena. In 1978, Congress opening of the "Free Enterprise Trail" today in slower, less accurate data. The outcome amended the Small Business Act with the Bourne, MA, which I have the privilege of rep­ would be loss of productivity and resources stated purpose of addressing the social and resenting in the U.S. Congress. due to slower decision making. economic disadvantage experienced by the The Free Enterprise Trail centers around 3. When administrative tasks are stream­ lined with computer programming more em­ minority community in the United States. At the Aptucxet Trading Post, located on Cape that time, Congress set forth that the express Cod. The trading post was established in 1627 phasis can be placed on patient care. Pa­ tient profiles are more accessible to the mul­ purpose of the Small Business Administra­ by the Pilgrims of Plymoth Plantation, and tidisciplinary team. Histories are readily tion's Section 8{a) Program was to: served the area for several decades as a available, providing information such as pa­ A. Foster business ownership by individuals place to trade with other colonies and to tient compliance with medications. Physi­ who are both socially and economically disad­ barter with the native Americans of Cape Cod. cians obtain printed profiles that act as a vantaged; Today's opening of the Free Enterprise Trail prescription, if signed, eliminating the ex­ B. Promote the competitive viability of such will be commemorated by State and local offi­ penditure of costly time writing renewals. Patients are provided with refill documents firms by providing such available contract, fi­ cials, representatives of local historical soci­ nancial, technical and management assist­ eties and business who will help rekindle the that serve as a medication record in their keeping. If the DHCP were lost or altered ance as may be necessary; and spirit of healthy commerce fostered by the Pil­ these devices which keep patients and C. Clarify and expand the program for the grims and nurtured over the three-and-a-half health personnel informed would be lost. procurement by the United States of articles; centuries since. To our friends and neighbors The quality of patient care would suffer. equipment, supplies, services, materials, and in and near Bourne, I offer my best wishes on Great strides have been made in comput­ construction work from small businesses this important and joyous occasion. erization. We have invested in the program and are now reaping the benefits. It would owned by socially and economically disadvan­ be a counterproductive managerial decision, taged individuals. VA EMPLOYEES VOICE STRONG therefore, to change our direction at this Last year Congress reaffirmed its commit­ SUPPORT FOR THEIR MEDICAL time. ment to the small minority-owned business COMPUTER SYSTEM Sincerely, community by establishing a goal for the De­ STEPHANIE DAVIS, R . Ph. partment of Defense that 5 percent of all con­ HON. G.V. (SONNY) MONTGOMERY Chief, Phannacy Service. tract dollars must go to the small minority OF MISSISSIPPI business community. This year, we passed the IN THE HOUSE OF REPRESENTATIVES JOHN KEVIN HILL'S WORLD Defense Authorization Act which contains pro­ RECORD visions to require the Department of Defense Wednesday, July 1, 1987 to develop a method of providing new con­ Mr. MONTGOMERY. Mr. Speaker, a contro­ HON. RICHARD K. ARMEY tract dollars to minority small businesses versy over the effectiveness and cost of the OF TEXAS rather than simply removing contracts from Veterans' Administration's medical computer the SSA's 8{a) Program and placing those IN THE HOUSE OF REPRESENTATIVES system, known as the Decentralized Hospital contracts in its own program. Computer Program [DHCP] system, has arisen Wednesday, July 1, 1987 I am not satisfied that we are doing all we in the Congress. As chairman of the Commit­ Mr. ARMEY. Mr. Speaker, today I went out can to implement this important program. It tee on Veterans' Affairs, I have scheduled to National Airport to watch my constituent, seems clear that the SBA and the Department many oversight hearings on this important 11-year-old John Kevin Hill of Arlington, TX, of Defense need further direction from the medical computer system over the past sever­ land his single engine Cessna 21 O to become Congress if we are to achieve our goals and al years and the reports on its effectiveness the youngest aviator to pilot a plane across implement fully previous Congressional action. and costs have been uniformly very positive. America. Therefore, soon I will be introducing legisla­ Since our hearing of April 8, 1987, on this John began flying at the age of nine, and tion to amend the Small Business Act to pro­ important subject, I have received many let­ this year set his sights on setting a world vide an affirmative thrust for small, minority­ ters from veterans and Veterans' Administra­ record. On Thursday, June 25 he left White­ owned businesses in two major areas-(1) to tion employees in support of the DHCP. man Airport in Los Angeles, CA for Loveland, firmly guide the Department of Defense I would like to share with my colleagues a CO. From Loveland he flew to St. Louis, MO toward achievement of the congressionally copy of a letter which I received from Ms. and then to Cincinnati, OH. Despite turbulent mandated 5-percent goal for small minority Stephanie Davis, chief of the pharmacy serv- weather and a minor delay while thunder- contracting in fiscal year 1987, 1988, and 18722 EXTENSIONS OF REMARKS July 1, 1987 1989; and (2) to assist 8(a) firms in achieving than implementing regulations in furtherance 2:00 p.m. competitive viability. I am asking for your sup­ of these goals, the SBA has placed restric­ Commerce, Science, and Transportation port and cosponsorship of this very important tions on the size of 8(a) firms and the ability To hold hearings on the nomination of legislation. of those firms to obtain business. The bill I am T. Allan McArtor, of Tennessee, to be I applaud the efforts of the House Small introducing would permit the 8(a) community Administrator of the Federal Aviation Administration, Department of Trans­ Business Committee to move forward to de­ to develop and provide it with an affirmative portation. velop and pass a bill to reform the Small Busi­ thrust toward achievement of the 5-percent SR-253 ness Administration's 8(a) Negotiated Procure­ goal. Select on Secret Military Assistance to ment Program for minority small businesses­ Finally, the bill will contain a provision to fur­ Iran and the Nicaraguan Opposition the Section 8(a) Program. A recent . survey ther evidence the commitment of Congress to To continue joint hearings with the conducted of firms which have graduated from the minority small business community. Failure House Select Committee to Investigate the 8(a) Program indicated that up to 30 per­ of the Department of Defense to meet the 5- Covert Arms Transactions with Iran cent of the graduates are failing as business­ percent goal during fiscal years 1987, 1988 on matters relating to the Iran/Contra affair. es. This failure rate is in direct contravention and 1989, will result in a mandatory 5-percent SR-325 of the goals of the 8(a) Program. The two pri­ requirement so that 5 percent of all DOD con­ mary reasons attributed to this high failure are tract dollars will be required to be awarded to JULYS the short period of participation in the program minority small businesses. 9:00 a.m. and the lack of a "phased withdrawal" period I look forward to working with the members Select on Secret Military Assistance to from the program. of the House Subcommittee on Small Busi­ Iran and the Nicaraguan Opposition The very substantial positive accomplish­ ness in furtherance of these goals. To continue joint hearings with the ments of the program should not be ignored I am hopeful that you will join as a cospon­ House Select Committee to Investigate because of recent attention which has fo­ sor of this bill. Covert Arms Transactions with Iran cused on a very limited number of instances on matters relating to the Iran/Contra of abuse. These abuses which must be ad­ affair. dressed involve problems that do not require SENATE COMMITTEE MEETINGS SR-325 9:30 a.m. wholesale revisions of the program. In fact, Title IV of Senate Resolution 4, the problems are remarkably few given the 17 Commerce, Science, and Transportation agreed to by the Senate on February To hold hearings on the nominations of years of program history and more than 3,000 Gerald J. McKiernan, of Connecticut, firms in the program today. My bill is designed 4, 1977, calls for establishment of a system for a computerized schedule of to be an Assistant Secretary of Com­ to allow small minority firms to achieve com­ merce, G. Wayne Vance, of Virginia, to petitive viability. Also, my bill will achieve the all meetings and hearings of Senate be General Counsel of the Depart­ intention of Congress when it enacted section committees, subcommittees, joint com­ ment of Transportation, and Dale A. 1207 of P.L. 99-661. The Department of De­ mittees, and committees of conference. Petroskey, of Michigan, to be an As­ fense 5- percent minority contracting goal will This title requires all such committees sistant Secretary of Transportation. be reached. This legislation must be enacted to notify the Office of the Senate SR-253 now to achieve the original goals of the pro­ Daily Digest-designated by the Rules Energy and Natural Resources Business meeting, to consider pending gram. Committee-of the time, place, and calendar business. The bill I will introduce basically contains purpose of the meetings, when sched­ SD- 366 twelve major provisions. Three of the 12 provi­ uled, and any cancellations or changes Labor and Human Resources sions were passed by the House earlier this in the meetings as they occur. Business meeting, to mark up S. 79, year by voice vote and are included in the De­ As an additional procedure along High Risk Occupational Disease Noti­ partment of Defense authorization bill and per­ with the computerization of this infor­ fication and Prevention Act. tain to the Department of Defense's mecha­ SD-430 mation, the Office of the Senate Daily 10:00 a.m. nism-the Small Disadvantaged Business or Digest will prepare this information SOB set-side program-for achieving its 5-per­ Finance for printing in the Extensions of Re­ To hold hearings to examine proposed cent minority contracting goal. Five of the pro­ changes in the Medicare program to posals provide positive changes for the Sec­ marks section of the CONGRESSIONAL RECORD on Monday and Wednesday of reduce spending in accordance with tion 8(a) Program by eliminating some overly the fiscal year 1988 budget resolution restrictive and administratively burdensome each week. (H. Con. Res. 93), and to examine ex­ SBA regulations. The bill is designed to shift Any changes in committee schedul­ pansions of coverage under Medicaid SBA resources from unnecessary administra­ ing will be indicated by placement of and the Maternal and Child Health tive tasks such as processing 8(a) concerns' an asterisk to the left of the name of Block Grant. requests for extensions of time to more posi­ the unit conducting such meetings. SD-215 tive tasks such as processing quickly requests Meetings scheduled for Thursday, 2:00 p.m. Select on Secret Military Assistance to for admission into the 8(a) Program to in­ July 2, 1987, may be found in the Daily Iran and the Nicaraguan Opposition crease the number of minority small firms in Digest of today's RECORD. To continue joint hearings with the the 8(a) portfolio. In addition, the bill would House Select Committee to Investigate maintain the "8(a) negotiated procurement" Covert Arms Transactions with Iran method for a fixed 10-year period. During this MEETINGS SCHEDULED on matters relating to the Iran/Contra period contracting agencies would be free to affair. conduct competitive 8(a) set-asides. This is al­ JULY7 SR-325 ready being done today by many agencies. A 9:00 a.m. limited, phased-withdrawal period will be pro­ Select on Secret Military Assistance to JULY9 Iran and the Nicaraguan Opposition vided where graduated 8(a) firms that remain To resume joint hearings with the 9:00 a.m. minority owned could obtain new contracts House Select Committee to Investigate Select on Secret Military Assistance to with agencies involving the same activities as Covert Arms Transactions with Iran Iran and the Nicaraguan Opposition the incumbent contract for a maximum period on matters relating to the Iran/Contra To continue joint hearings with the of up to 3 years following graduation. Section affair. House Select Committee to Investigate 8(a) firms should also be encouraged to utilize SR-325 Covert Arms Transactions with Iran the SOB set-aside program as they progress 11:00 a.m. on matters relating to the Iran/Contra and after graduation. Committee on Labor and Human Re­ affair. sources SR-325 The intent of the 8(a) Program is to enable Aging Subcommittee 10:00 a.m. 8(a) firms to become competitively viable. To hold markup of S. 887, Older Ameri­ Energy and Natural Resources Owners of 8(a) concerns should prosper as cans Act Amendments. To hold hearings on the nomination of would any other owner of a business. Rather SR-430 Martha 0. Hesse, of Illinois, to be a July 1, 1987 EXTENSIONS OF REMARKS 18723 Member of the Federal Energy Regu­ Covert Arms Transactions with Iran Covert Arms Transactions with Iran latory Commission. on matters relating to the Iran/Contra on matters relating to the Iran/Contra SD-366 affair. affair. Finance 2172 Rayburn Building 2172 Rayburn Building To continue hearings to examine pro­ JULY 14 posed changes in the Medicare pro­ 2:00 p.m. gram to reduce spending in accordance 9:00 a.m. Select on Secret Military Assistance to with the fiscal year 1988 budget reso­ Appropriations Iran and the Nicaraguan Opposition lution , and to exam­ Foreign Operations Subcommittee To continue joint hearings with the ine expansions of coverage under Med­ To hold hearings on proposed budget es­ House Select Committee to Investigate ipaid and the Maternal and Child timates for fiscal year 1988 for mili­ Covert Arms Transactions with Iran Health Block Grant. tary assistance programs. on matters relating to the Iran/Contra SD-215 SD-138 affair. 2:00 p.m. Select on Secret Military Assistance to 2172 Rayburn Building Select on Secret Military Assistance to Iran and the Nicaraguan Opposition JULY 16 Iran and the Nicaraguan Opposition To continue joint hearings with the 9:00 a.m. To continue joint hearings with the House Select Committee to Investigate Select on Secret Military Assistance to House Select Committee to Investigate Covert Arms Transactions with Iran on matters relating to the Iran/Contra Iran and the Nicaraguan Opposition Covert Arms Transactions with Iran To continue joint hearings with the on matters relating to the Iran/Contra affair. 2172 Rayburn Building House Select Committee to Investigate affair. Covert Arms Transactions with Iran SR-325 9:30 a.m. Commerce, Science, and Transportation on matters relating to the Iran/Contra JULY 10 Business meeting, to consider pending affair. 9:00 a.m. calendar business. 2172 Rayburn Building Select on Secret Military Assistance to SR-253 9:30 a.m. Iran and the Nicaraguan Opposition Rules and Administration Commerce, Science, and Transportation To continue joint hearings with the To hold hearings on the nomination of Science, Technology, and Space Subcom­ House Select Committee to Investigate James H. Billington, of the District of mittee Covert Arms Transactions with Iran Columbia, to be Librarian of Congress. National Ocean Policy Study Subcommit­ on matters relating to the Iran/Contra SR-301 tee. affair. 10:00 a.m. To hold joint hearings on global climate SR-325 Energy and Natural Resources change. 10:00 a.m. Mineral Resources Development and Pro­ SR-253 Committee on Energy and Natural Re­ duction Subcommittee Energy and Natural Resources sources To hold hearings on S. 1006, Geother­ To hold hearings on proposals to resolve Mineral Resources Development and Pro­ mal Steam Act Amendments of 1987. certain problems relating to the stor­ duction Subcommittee SD-366 age of high-level radioactive waste, in­ To hold oversight hearings on the De­ 2:00 p.m. cluding S. 1007, S. 1141, S. 1211, and S. Energy and Natural Resources 1266. partment of the Interior proposal to Public Lands, National Parks and Forests retroactively modify Notice to Lessees- Subcommittee SD-366 5

91-059 0-89- 11 (Pt. 14)