S5614 CONGRESSIONAL RECORD— SENATE April 24, 1995 

measure is not in those accomplishments. The measure of her life is in the 

great wealth of love and affection that 

was engendered in all she touched.’’

Mr. President, please join me in extending our heartfelt sympathy and 

prayers to Ginger’s parents, Hank and 

Joanna Adams, and to all those whose 

lives she touched. She will be missed 

very, very much. 

Mr. President, I ask that Dr. Alexander’s eulogy be printed in the RECORD. 

The eulogy follows: 

EULOGY OF GINGER ADAMS, DELIVERED BY DR. 

KERN ALEXANDER, PRESIDENT, MURRAY

STATE UNIVERSITY

Ginger was given only 20 years, but her 

brief years were no measure of the importance of her life. She accomplished more in 

those few years than most persons achieve in 

80. We know she was a grand achiever, student leader, cheerleader, superb athlete, outstanding student, but the supreme measure 

is not in those accomplishments, but rather 

the measure of her life is in the great wealth 

of love and affection that was engendered in 

all she touched; fellow students, sorority sisters, neighbors, her University, and her community. 

Sir Christopher Wren, the architect who 

rebuilt London after the great fire, died. In 

his remembrance it was said, ‘‘For his monuments look ye around.’’ For Ginger’s accomplishments ‘‘look ye around.’’ Look at all 

those of you here today who cherish and love 

her. This love and devotion to Ginger are her 

monuments and these are the monuments 

that are most enduring. 

This outpouring here today of so many in 

this solemn ceremony is the ultimate measure of one’s achievements on this earth. 

Here, they are Ginger’s in abundance. 

When death allies itself with youth and 

beauty it is the most difficult for us to understand. 

When the most beautiful and radiant 

among us dies, we are all the more profoundly stricken with grief and wonderment 

as to its reasons and purposes. 

When beauty dies our own limitations and 

frailties as human beings become more obvious and less comprehensible. 

This week we lost the most beautiful and 

talented among us and none of us can understand. Consolation can only come in prayer 

to those who love Ginger, the prayer that: 

‘‘The Lord God will wipe away the tears 

and will swallow up death in final victory.’’

It helps us in our own poverty of comprehension if we know that life and death are 

not absolutes, but merely transition of the 

human soul. This we know in our faith and 

trust in God. 

Prayer: Dear Heavenly Father, please help 

Ginger’s mother and father, JoAnna and 

Hafford, and her brothers, in this time of 

great sorrow. Help them in this moment of 

overpowering grief. 

O God, we give back to you those whom 

You gave us. You did not lose Ginger when 

You gave her to us, and we do not lose her by 

her return to You. Your dear Son has taught 

us that life is eternal and love cannot die. So 

death is only an horizon, and an horizon is 

only the limit of our sight. Open our eyes to 

see more clearly, and draw us closer to You 

that we may know that we are nearer to our 

loved ones, who are with You. You have told 

us that You are preparing a place for us. Prepare us also for that happy place, that where 

You are we may be always. 

O Lord, You have made us very small, and 

we bring our years to an end like a tale that 

is told. Help us to remember that beyond our 

brief day is the eternity of Your Love. Amen. 

God bless Ginger and her family.∑ 

MEASURE PLACED ON THE 

CALENDAR—H.R. 483 

Mr. KYL. Mr. President, I understand 

that there is a bill at the desk that is 

due its second reading. 

The PRESIDING OFFICER. The 

clerk will read the bill for the second 

time. 

The legislative clerk read as follows: 

A bill (H.R. 483) to amend title XVIII of the 

Social Security Act to permit Medicare select policies to be offered in all States, and 

for other purposes. 

Mr. KYL. I object to further proceedings on the bill at this time, Mr. 

President. 

The PRESIDING OFFICER. The bill 

will be placed on the calendar pursuant 

to Rule XIV. 

f 

TRUTH IN LENDING CLASS ACTION 

RELIEF ACT OF 1995 

Mr. KYL. Mr. President, I ask unanimous consent that the Senate proceed 

to the immediate consideration of H.R. 

1380, that the bill be deemed read a second and third time, passed, and the motion to reconsider be laid upon the 

table, and that any statements relating 

to the bill be placed at the appropriate 

place in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Mr. MACK. Mr. President, I urge my 

colleagues to support H.R. 1380, which 

temporarily suspends class action lawsuits filed under the Truth in Lending 

Act until October 1, 1995. 

This bill will give Congress time to 

address a U.S. Court of Appeals decision, Rodash versus AIB Mortgage Co., 

which allowed a borrower to rescind a 

mortgage based on a technical violation of the disclosure and notice requirements provided for in the Truth in 

Lending Act. Nearly 50 class action 

suits have been filed based on the 

Rodash decision. 

The Truth in Lending Act is a complex law with almost no room for forgiveness if an honest technical error is 

made by the lender. Under truth in 

lending, for a mistake as little as $11 in 

how a charge is disclosed, the lender 

could be forced to reimburse all fees 

and costs to the borrower, including all 

interest paid for up to 3 years. In addition, the lender must release the mortgage lien, leaving the lender with an 

unsecured loan. These laws encourage 

cookie-cutter lending in order to avoid 

mistakes. Consumers are then hurt by 

higher rates and less lending. 

The enormous number of loans that 

have been refinanced since 1991 makes 

this a potentially system-wide problem. I do not believe that the authors 

of the Truth in Lending Act intended 

to stifle creative lending and punish 

the mortgage industry for technical 

violations of its complex disclosure 

provisions. If the courts were to permit 

borrowers to rescind loans as part of 

class action lawsuits, the impact could 

be felt from the financial institutions 

and the secondary markets all the way 

to the Federal deposit insurance funds, 

which are ultimately backed by the 

U.S. taxpayer. 

In Florida, we have seen ads with 

banner headlines, ‘‘collect money back 

from your lender,’’ encouraging borrowers to rescind their loan. There is 

no mention of harm done to the consumer in the ads. In fact, even if the 

amount disclosed was more than what 

was actually charged, a borrower can 

rescind the loan. I have heard that 

some attorneys are trying to amass a 

large number of plaintiffs in order to 

increase their fees. In the end, the biggest beneficiaries of this wave of class 

action suits will be the lawyers. Consumers will be left with small settlements, higher costs, and fewer choices 

of mortgage lenders. 

This bill, H.R. 1380, gives Congress 

time to examine the Truth in Lending 

Act and correct the problems created 

by the Rodash decision. At a minimum, 

we need to clarify the disclosure provisions of this highly complex law, provide a greater tolerance for honest mistakes, and make sure that the penalties are in line with the violations. 

This bill is narrowly drawn to temporarily end the abuse of the Truth in 

Lending Act through class-action suits. 

Individual consumers will still be allowed to bring suit during the moratorium on class actions. I urge my colleagues to support this bill. 

Mr. D’AMATO. Mr. President, I rise 

today to voice my support for the 

Truth in Lending Class Action Relief 

Act of 1995. Our colleagues in the House 

recently passed this legislation. It is a 

product of bipartisan cooperation and 

is intended as a temporary measure to 

deal with an urgent situation. As 

chairman of the Banking Committee, I 

believe that immediate action is warranted. I would therefore encourage my 

colleagues to consider and pass H.R. 

1380 immediately. 

Mr. President, I made reference to an 

‘‘urgent situation.’’ The situation to 

which I refer is the potential for devastating liability that threatens our 

housing finance system in the wake of 

the 11th Circuit Court of Appeals’ recent decision in Rodash versus AIB 

Mortgage Co. The Rodash decision has 

resulted in a wave of litigation and created a threat of wholesale rescissions 

of mortgages. The threat of rescissions 

on so massive a scale could wreck 

havoc on our mortgage lending system 

and the secondary mortgage markets. 

If a class-action rescission is granted, 

every class member would be released 

from their mortgage lien, and the obligation to pay finance charges and 

other charges. Class members would 

also be entitled to reimbursement of 

all finance charges, as well as other 

charges that are outside the scope of 

the finance charge. The 3-year right of 

rescission in truth in lending entitles 

the borrower to reimbursement of 

these charges. The potential for massive rescissions, based on technical disclosures errors of as little as $10, creates a potential for liability that has 

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April 24, 1995 CONGRESSIONAL RECORD— SENATE S5615 

been estimated to be as high as $217 billion. 

The granting of wholesale rescissions, and the liability that such rescissions would create, could be devastating to both mortgage lenders, and 

to the secondary markets that provide 

the mortgage-market with liquidity. 

And we must remember that the liquidity of the mortgage markets has helped 

millions of Americans obtain their 

dream of home ownership at lower 

costs. 

This bill will permit time for careful 

consideration of this problem. This legislation provides a short-term moratorium that only applies to class action 

certifications in connection with certain first-lien refinancings and consolidations. This moratorium is narrowly 

focused on a specific, technical disclosure problems, and will last only until 

October 1, 1995. This provision is not 

intended to impede the settlement of 

class actions. If, for purposes of settlement, the parties stipulate to the certification of a class, a court can approve the stipulation and solely for the 

purposes of settlement, can certify the 

class. A class action cannot be settled 

without certification of the class. This 

moratorium will provide time to remedy this problem and ensure the continued safety-and-soundness of the 

mortgage-finance markets. 

Mr. BOND. Mr. President, I state my 

support for H.R. 1380, the Truth in 

Lending Class Action Relief Act of 1995. 

This important legislation is designed 

to impose a class action moratorium 

on certain lawsuits under the Truth in 

Lending Act. This legislation is narrow 

but necessary to give the Congress an 

opportunity to review the requirements of the Truth in Lending Act and 

the possible unintended consequences 

of the Rodash case and the possible impact of Rodash on the mortgage finance industry. 

Rodash is a Florida case that allowed 

for the rescission of a mortgage where 

the lender disclosed certain delivery 

fees and an intangible tax in an improper place on the settlement sheet. 

This case has now been used as precedent for nationwide lawsuits that could 

potentially disrupt and damage our 

mortgage finance industry. I emphasis 

that the violation in Rodash was a 

technical violation of the Truth in 

Lending Act, and that the fees in question were small and that any improper 

disclosure was unintended. Nevertheless, a complete rescission of the mortgage was permitted. 

In addition, since 1991, some 11.8 million loans totaling $1.3 trillion have 

been refinanced. The cost of rescinding 

these mortgages is about $217 billion. 

To apply Rodash to the mortgage industry is like killing a mosquito with 

an atomic bomb. I believe we need to 

consider these consequences. 

Thank you, Mr. President. 

The bill (H.R. 1380) was deemed read 

three times and passed. 

REMOVAL OF INJUNCTION OF SECRECY—TREATY DOCUMENT NO. 

104–3 AND TREATY DOCUMENT 

NO. 104–4 

Mr. KYL. Mr. President, as in executive session, I ask unanimous consent 

that the injunction of secrecy be removed from the following two treaties 

transmitted to the Senate on April 24, 

1995, by the President of the United 

States: Extradition Treaty with Jordan 

(Treaty Document No. 104–3); and Protocol Amending the 1980 Tax Convention with Canada (Treaty Document 

No. 104–4). 

I further ask that the treaties be considered as having been read the first 

time; that they be referred, with accompanying papers, to the Committee 

on Foreign Relations and ordered to be 

printed; and that the President’s messages be printed in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The messages of the President are as 

follows: 

To the Senate of the United States: 

With a view to receiving the advice 

and consent of the Senate to ratification, I transmit herewith the Extradition Treaty between the Government 

of the United States of America and 

the Government of the Hashemite 

Kingdom of Jordan, signed at Washington on March 28, 1995. Also transmitted for the information of the Senate is the report of the Department of 

State with respect to this Treaty. 

The Treaty establishes the conditions and procedures for extradition between the United States and Jordan. It 

also provides a legal basis for temporarily surrendering prisoners to stand 

trial for crimes against the laws of the 

Requesting State. 

The Treaty further represents an important step in combatting terrorism 

by excluding from the scope of the political offense exception serious offenses typically committed by terrorists, e.g., crimes against a Head of 

State or first family member of either 

Party, aircraft hijacking, aircraft sabotage, crimes against internationally 

protected persons, including diplomats, 

hostage-taking, narcotics trafficking, 

and other offenses for which the United 

States and Jordan have an obligation 

to extradite or submit to prosecution 

by reason of a multilateral international agreement or treaty. 

The provisions in this Treaty follow 

generally the form and content of extradition treaties recently concluded 

by the United States. 

This Treaty will make a significant 

contribution to international cooperation in law enforcement. I recommend 

that the Senate give early and favorable consideration to the Treaty and 

give its advice and consent to ratification. 

WILLIAM J. CLINTON.

THE WHITE HOUSE, April 24, 1995. 

To the Senate of the United States: 

I transmit herewith for Senate advice 

and consent to ratification, a revised 

Protocol Amending the Convention Between the United States of America 

and Canada with Respect to Taxes on 

Income and on Capital Signed at Washington on September 26, 1980, as 

Amended by the Protocols Signed on 

June 14, 1983, and March 28, 1984. This 

revised Protocol was signed at Washington on March 17, 1995. Also transmitted for the information of the Senate is the report of the Department of 

State with respect to the revised Protocol. The principal provisions of the 

Protocol, as well as the reasons for the 

technical amendments made in the revised Protocol, are explained in that 

document. 

It is my desire that the revised Protocol transmitted herewith be considered in place of the Protocol to the Income Tax Convention with Canada 

signed at Washington on August 31, 

1994, which was transmitted to the Senate with my message dated September 

14, 1994, and which is now pending in 

the Committee on Foreign Relations. I 

desire, therefore, to withdraw from the 

Senate the Protocol signed in August 

1994. 

I recommend that the Senate give 

early and favorable consideration to 

the revised Protocol and give its advice 

and consent to ratification. 

WILLIAM J. CLINTON.

THE WHITE H

f 

OUSE, April 24, 1995. 

ORDERS FOR TUESDAY, APRIL 25, 

1995 

Mr. KYL. Finally, Mr. President, I 

ask unanimous consent that when the 

Senate completes its business today it 

stand in recess until the hour of 9:30 

a.m., on Tuesday, April 25, 1995; that 

following the prayer the Journal of 

proceedings be deemed approved to 

date, the time for the two leaders be 

reserved for their use later in the day, 

there then be a period for the transaction of routine morning business not 

to extend beyond the hour of 12 noon 

with Senators permitted to speak for 

up to 5 minutes each with the exception of the following: Senator DOMENICI, 60 minutes; Senator THOMAS, 30 

minutes; Senator BAUCUS, 15 minutes. 

I further ask that at 12 noon, Tuesday, the Senate proceed to a vote on 

the adoption of Senate Resolution 110, 

regarding the bombing in Oklahoma 

City; further that the Senate recess between the hours of 12:30 and 2:15 tomorrow for the weekly policy luncheons to 

meet. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

PROGRAM 

Mr. KYL. Mr. President, for the information of my colleagues, the leader 

has advised that there will be a rollcall 

vote on the Oklahoma City resolution 

at 12 noon tomorrow. Following the 

conclusion of the policy luncheons at 

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