Paul Gillmor

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, I rise today to pay tribute to an outstanding citizen of Ohio, Dale Pease. Dale is currently serving a 1- year term as district one commander of the Veterans of Foreign Wars, Department of Ohio. This district includes eight counties in northwest Ohio, with a membership of over 9,000 members. Dale was elected to this position in June 1994, having previously served district one as chaplain, junior vice-commander and senior vice-commander, as well as three terms as membership chairman. Dale joined the U.S. Army in July 1962 and earned his eligibility to the Veterans of Foreign Wars through his service with Company B 86th Engineers Battalion in Vietnam from February 1969 to January 1970. He joined the Veterans of Foreign Wars in 1966, transferring to Grover Hill Post 2873 in 1980. Since that time Dale has been an extremely active member, serving two terms as post commander and earning All- State Commander award in 1989-90. Dale has also been an active member of the Defiance County Council, serving through the office chairs and being elected council commander for the 1992-93 year, at which time he was named an All-State and All- American County Council Commander. He also received the first John Buck Memorial Award for his promotion of VFW membership that year. Mr. Speaker, Dale Pease is without question an American patriot willing to make a difference. I ask my colleagues to join me in paying a special tribute to his record of personal accomplishments and wishing him all the best in the future.

Mr. GILLMOR

Mr. GILLMOR. Mr. Chairman, I thank the gentleman for yielding time to me, and I rise in support of H.R. 1058, the Securities Litigations Reform Act. This week we are going to be debating a number of important legal and economic issues, and one of the most critical will be finally addressing the explosion of abusive and speculative litigation known as ``strike suits.'' For too many years American high technology and manufacturing companies have faced the unreasonable risk and threat of litigation at the cost of higher product prices, diminished earnings shareholder returns, reduced capital investment, and a less vibrant American economy. As a result many people are not willing to serve on the boards of directors of these companies. Many companies, even where there is no fraud and no negligence committed, are faced with the tremendous cost of litigations. It also makes companies far less willing to disclose useful and valuable information to the public. Such abuses simply cannot be allowed to continue unchecked. Robert Samuelson, a noted economist, pointed out the huge increase in legal costs in our society. Over a 22-year period legal fees as a percent of the gross national product increased nine-tenths of 1 percent to 1.7 percent, nearly double. When you consider that 3 or 4 percent is considered good growth in the economy, and you drain off 1.7 percent in nonproductive fees of this sort, it is clear the tremendous harm that it does to our economy, the harm it does to jobs and to the standard of living of the average working American. Let me close by quoting from Jim Kimsey, who represents the American Electronic Association, before the Telecommunications Committee. Of the explosion in securities litigation he said: ``We believe the current securities litigation system promotes meritless litigation, shortchanges investors, and costs jobs. It is a showcase example of the legal system run awry. It is bad law, bad policy, and bad economics.'' Mr. Chairman, the time has come to act and pass securities reform litigation.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, I strongly support H.R. 1022, the risk assessment cost-benefit analysis bill. This legislation very simply puts common sense into the way the Government regulates. All of us have heard the horror stories from businesses and municipalities about the Federal regulations and the way that they have strangled their budgets only to have miniscule benefits result. Earlier today I hope my colleagues had the opportunity to review a dear colleague I circulated to all of them concerning the city of Columbus, OH. In it I noted that Federal regulations currently require the municipal water systems keep atrazine levels in drinking water below 3 parts per billion. A human being would have to drink 3,000 gallons of water a day with three parts per billion atrazine to equal the dose found to be cancerous in rats. The U.S. Environmental Protection Agency, under its constitutionally mandated authority, sets this level by using the most exposed individual risk assessment model, which assumes a person is to be exposed to atrazine every day for 70 percent years. To show how absurd this regulation is, to consume enough water to come even close to causing any health risk, an individual would have to drink 38 bathtubs full of water every day. City officials in Columbus found that compliance with this regulation would require a new $80 million water purification plant. For the same amount of money 3,700 teachers could have been hired at the average State teacher's salary. To further show how wasteful this three parts per billion Federal requirement is, consider the following: The U.S. EPA developed a health advisory for atrazine which states that a child could drink water containing 100 parts per billion for 10 days or 50 parts per billion for 7 years with no adverse effects. Mr. Speaker, it is for reasons like this that I am supporting H.R. 1022. I believe it is reasonable to ask our Federal regulating bodies to prepare a cost-benefit analysis of proposed regulations. I support the idea of providing alternatives without making expense I believe that the peer review activities for more costly regulations are a good way to ensure the efficacy and the efficiency of our Federal rulemaking process. H.R. 1022 contains all of these provisions and makes the Federal Government a legitimate problem solver, not a problem maker. Some of my colleagues who have opposed this legislation say it will create a new bureaucratic mess and will benefit lawyers more than individuals. I must say that I find their arguments to be basically an attempt to cover up the regulatory mess they instituted. Risk assessment and cost-benefit analysis using the best available data and input will bring out the best governing decisions. Mr. Speaker, this regulation protects the environment and public health because it means resources will be used to combat real environmental and public health risks and not be wasted on frivolous regulations and requirements.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, I rise today to recognize Capt. Emmanuel L. ``Manny'' Jenkins, U.S. Maritime Service, on the occasion of his retirement from service at the U.S. Merchant Marine Academy. Manny Jenkins served on active duty in the U.S. Navy from 1957 to 1960 at the Third Naval District Headquarters. He joined the staff of the U.S. Merchant Marine Academy [USMMA] in 1970, after spending 10 years with Dryfuse & Co., a member of the New York Stock Exchange. Manny Jenkins' career included distinguished service as the USMMA director of admissions. Under his stewardship, USMMA's ranking in Barrons' Profiles of American Colleges elevated to the top category of most competitive in 1979, a position occupied by only 32 other select institutions. In May 1992, Captain Jenkins was appointed as the USMMA Congressional Liaison Officer by the Superintendent of the Academy. Captain Jenkins graduated from Howard University in 1956. He holds a masters in education degree from C.W. Post College, and a masters in science degree from Long Island University. He is a Commander (retired) in the U.S. Naval Reserve. Captain Jenkins has received numerous awards from the Maritime Administration, including the Special Achievement Award, the Medal for Superior Service, and the Equal Opportunity Award. He also received the Maritime Administration's Bronze Medal, the top honor award granted in recognition of extremely competent performance of official departmental duties over a long period of time. Mr. Speaker, Manny Jenkins' service to his country has touched the lives of countless young men and women entering the United States Merchant Marine Academy in pursuit of careers in the maritime service. His integrity and his commitment to excellence are the trademarks of his career. I ask my colleague to join me in thanking him for his distinguished and selfless service to the U.S. Navy and the U.S. Merchant Marine Academy, and to wish him well as he enters this new and exciting time in his life.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, I rise today to pay tribute to Sidney B. Walker, an outstanding individual and fine citizen of Ohio, who has retired after a distinguished career with the Agriculture Stabilization and Conservation Service. Since 1983, Sid Walker has served as a district director in charge of a group of 11 and sometimes 12 country offices in northern and western Ohio. Over the years, Sid has worked tirelessly assisting farmers with the U.S. Agricultural Department regulations regarding subsidy payments. The ASCS is a vital component in the farming economy of Ohio. Leaders such as Sid are responsible for a stable system of prices for agricultural products. Their dedication and motivation have been a major reason Ohio's farming community has been so successful. Sid is a Chicago native. He attended Milligan College in Tennessee, joined the U.S. Army in 1956 and was discharged with the rank of major. While in the military, he served his country honorably, receiving numerous awards and commendations. Sid joined ASCS in 1976 as a county executive trainee. Following training, he was appointed to the county executive director position in the Paulding County office. He has been extremely helpful to scores of farmers served by his district, and has always provided positive leadership for the offices under his guidance. Mr. Speaker, Sid Walker's distinguished career is a model of patriotism and citizenship. I ask my colleagues to join me in wishing Sid, his wife Jacque, his daughter Traci, and his sons, Chris, Chad, and Cory well as the Walker family begins this new chapter in their lives.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, this country needs an end to unfunded mandates by the Federal Government on State and local governments. I am delighted to see that this concept is finally receiving broad support from both the public and from this Congress. I introduced a constitutional amendment a year and a half ago to end those unfunded mandates by constitutional amendment, and what a difference a year and a half makes. When I first proposed it, most people thought there was almost no chance of ever seeing a constitutional amendment voted on or adopted in this body. But after the November election and after increasing concern shown by Governors and State legislators, we have an excellent chance of getting this issue before both Houses and to a vote. There is legislation pending to curtail unfunded mandates by statute. I support that. I cosponsored it last weakness of a statute is that it can be changed by a simple majority vote. And the only real long-term protection is by a constitutional amendment. During my 22 years in the Ohio Senate, including several terms as Senate President, I witnessed a tremendous increase in the cost and the number of mandates being forced on the States. When the States originally ceded power to the Federal Government, they could not have envisioned a situation where State law would be so lightly overthrown and where State funds would be subject to Federal raids. Unfunded mandates permit the Federal Government to avoid responsibility for its actions. They give the Federal Government the power to reorder and to distort State and local budget priorities. States have had to curtail services they feel are priorities because of those mandates. States have had to cut schools. They have had to cut police protection, programs for senior citizens. They have had to cut police protection. And examples of unfunded mandates are both large and small. For example, the mayor of Columbus, OH, our capital city, has estimated the cost of unfunded mandates for his city as $800 per year for every single individual in the city. In 1993, shortly after I introduced the original amendment, I heard from the fire chief of Van Wert, OH, a small city in my district, complaining about Federal regulations that required him to replace the breathing tanks his men use when they enter smoke-filled areas. Not a single one of the tanks were defective or needed to be replaced, but it cost him $9,500 to replace them. At the same time he was forced to cut his budget for volunteer firemen. For that $9,500, the chief could have had 20 volunteer firemen instead of having his force cut down to 5. There is an EPA requirement that sets atrazine limits at three parts per billion in drinking water. That sounds good until you consider that it would cost one city $80 million to comply and will not increase public health or safety at all. How much water does a person have to drink, based on that standard, to have even a remote chance of having any adverse effect on their health? An individual would have to drink 38 bathtubs full of water every day for the rest of his or her life; and for the same amount of money, that city could have hired 3,700 schoolteachers. What has happened is that Congress has been irresponsibly freeloading on the backs of State and local government. Congress passes a requirement. It takes the credit. But it refuses to pay the burden for the mandates that are created. State and local governments pay the cost. They get the political blame. Contrary to what some opponents say, this does not prevent Congress from passing anything on health and safety. It just says, pay for your actions like anybody else. There are some in the Federal Government who have been freeloading and have been irresponsible for so long that they think that freeloading and irresponsibility are virtues. Now is the time to restore a proper balance in Federal relations. This amendment does not in any way endanger public health or safety. It enhances it by helping assure that public resources are effectively spent and not wasted.