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[Congressional Record Volume 141, Number 77 (Wednesday, May 10, 1995)]
[Senate]
[Pages S6462-S6465]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CHAFEE (for himself and Mr. Pell):
  S. 786. A bill to designate the United States Post Office building 
located at 24 Corliss Street, Providence, Rhode Island, as the ``Harry 
Kizirian Post Office Building,'' and for other purposes; to the 
Committee on Governmental Affairs.

          THE HARRY KIZIRIAN POST OFFICE BUILDING ACT OF 1995

  Mr. CHAFEE. Mr. President, I send to the desk a bill for Senator Pell 
and myself. This deals with the designation of the U.S. Post Office 
building located on 24 Corliss Street in Providence. Under the new 
designation it becomes the ``Harry Kizirian Post Office Building.''
  Mr. President, today Senator Pell and I are introducing legislation 
to name the post office at 24 Corliss Street in Providence, RI after a 
renowned Rhode Islander and a proud American--Harry Kizirian. 
Representatives Jack Reed and Patrick Kennedy are introducing identical 
legislation in the House of Representatives. The Rhode Island 
congressional delegation is united in its desire to honor Harry 
Kizirian for his years of service to our State.
  Mr. President, just a word about Harry Kizirian. He is a celebrated 
citizen in our State. For many, many years he has been postmaster of 
our principal post office. He is a community leader.
  Harry Kizirian is a household name in Rhode Island because of his 
lifelong career in the Postal Service but, even more so, because of his 
involvement
 with and commitment to his community. He has served on the board of 
directors of Butler Hospital, Big Brothers of Rhode Island, the 
Providence Human Relations Commission, Rhode Island Blue Cross, and the 
Rhode Island Heart and Lung Associations. Over the years he has earned 
countless awards 
 [[Page S6463]] and citations for his community involvement. He was 
inducted into the Rhode Island Hall of Fame and received the Roger 
Williams Award. He served on advisory boards for Rhode Island College, 
Providence Heritage Commission on R.I. Medal of Honor Recipients, the 
Disabled American Veterans, and the Marine Corps League. Harry Kizirian 
is a husband, a father, a grandfather, a Postmaster to Rhode Island, 
and a decorated World War II hero.
  The lessons learned from Harry Kizirian are lessons of fortitude, 
valor, strength of character, and perseverance.
  While Harry was just a boy in school, at Mt. Pleasant High School in 
Providence, he went to work part-time as a postal clerk. He was 15 
years old and his father had died, so Harry took responsibility for 
supporting his family. He did so while keeping his grades up and 
participating in athletics. Twenty years later, at 35, Harry was named 
Postmaster of Rhode Island, a position he held for more than 25 years.
  Like many young men at the time, Harry's job was interrupted by World 
War II. The day after high school graduation Harry enlisted in the 
Marine Corps.
  After going through training, he ended up with the marines that were 
invading Okinawa.
  He fought on Okinawa with the
   6th Marine Division. He was awarded the Navy Cross--the second 
highest honor a Marine can receive--for his valor on Okinawa. What did 
he do for it?

  Harry and a group of Marines were pinned down by a Japanese machine 
gunner. Harry got up and ran toward the machine gun. He was shot in the 
legs. Despite his injuries, he pulled himself forward and eliminated 
the enemy position. This extraordinary act of valor sent Harry 
Kizirian, a teenage boy, to a hospital in Guam with the Navy Cross, a 
Bronze Star, and a Purple Heart with a gold star.
  Harry Kizirian was seen by millions of Americans as the face of the 
war in the Pacific. Before he was injured, a news photographer captured 
his image, the image of a boy in battle--by that time he was the age of 
19--for the cover of the New York Times Sunday Magazine. Last November, 
I was present when Harry was honored by his old Atwood-Bucci Detachment 
of the Marine Corps. The famous photograph was prominently displayed on 
the podium. It has been 50 years since that picture was snapped and 
many have glorified the war, but not Harry. Harry's message to young 
people, and to all of us, is that ``war is awful. There's no way to 
describe it. Nobody wins a war.''
  After the war, Harry returned to Providence and to his job at the 
post office. He was a substitute clerk. By 1954 he was made foreman. He 
was named Assistant Superintendent during the transition from the old 
postal system to the turnkey mechanization system. The Providence post 
office on Corliss
 Street was the first post office in the country to use the turnkey 
system. The turnkey system was the first fully automated system for 
sorting the mail. Until that point, all of the mail was sorted by hand. 
The new system was not easily implemented, but once again Harry 
persevered. In 1961, Harry was rewarded for his hard work and 
dedication. He was named Postmaster of Rhode Island.

  What better way to honor the life and lessons of Harry Kizirian than 
to name the Post Office on Corliss Street for him. I am pleased to 
introduce this bill today with Senator Pell and hope that it will 
receive speedy consideration by the Subcommittee on Post Office and 
Civil Service of the Governmental Affairs Committee.
  So it seems very fitting, Mr. President, that this post office in our 
capital city should be named after Harry Kizirian.
  Mr. PELL. Mr. President, I join with my friend and colleague, Senator 
Chafee of Rhode Island, in introducing legislation to designate the 
U.S. Post Office building at 24 Corliss Street, Providence, as the 
Harry Kizirian Post Office Building.
  I am enthusiastic about this designation. I can think of no more 
fitting tribute. Harry Kizirian has made extraordinary contributions to 
the United States, to Rhode Island and to Providence.
  A very brief review of his contributions is instructive. Harry 
enlisted in the U.S. Marine Corps after graduating from Mt. Pleasant 
High School. He subsequently became Rhode Island's most decorated 
marine.
  He fought in Okinawa and was shot in battle. He earned the Navy 
Cross, the Bronze Star with a ``V'', the Purple Heart with a Gold Star 
and, finally, the Rhode Island Cross.
  Upon his return to Rhode Island, he went to work at the post office, 
where he had worked as a 15-year-old to support his widowed mother. He 
worked his way up through leadership positions in the Postal Service.
  He was confirmed by the U.S. Senate as postmaster in 1961, a position 
he held for 25 years. In addition to his military service and his work 
in the Postal Service, he has served on numerous committees and boards 
in Rhode Island.
  Harry served on the board of directors of Butler Hospital, Big 
Brothers of Rhode Island, the Providence Human Relations Commission, 
Rhode Island Blue Cross and Rhode Island Heart and Lung Associations.
  He also was a member of the Community Advisory Board of Rhode Island 
College, the Providence Heritage Commission, the Commission on Rhode 
Island Medal Honor Recipients, DAV and the Marine Corps League.
  Harry Kizirian already is a Rhode Island landmark. His name has 
become synonymous with the qualities he exemplifies--dedication, 
loyalty, leadership and hard work.
  The Harry Kizirian Post Office Building will be an entirely 
appropriate testament to his remarkable life and friendships.
                                 ______

      By Mr. BURNS:
  S. 787. A bill to provide an exemption from certain hazardous 
material transportation regulations for small cargo tank vehicles with 
a capacity of not more than 3,500 gallons that transport petroleum, and 
for other purposes; to the Committee on Commerce, Science, and 
Transportation.

         THE HAZARDOUS MATERIALS REGULATORY RELIEF ACT OF 1995

 Mr. BURNS. Madam President, today I am introducing legislation 
to reduce yet another regulatory burden on many petroleum marketers and 
other small businesses across the country. My bill would prohibit the 
Department of Transportation's Research and Special Programs 
Administration [RSPA] from enforcing an unwarranted and unnecessary 
regulation on operators and owners of small cargo tanks of 3,500 
gallons or less and return that authority back to the States where it 
belongs. Specifically, my bill would repeal a regulation promulgated by 
RSPA which requires cargo tank operators and owners to comply with 
cumbersome Federal testing inspections and retrofitting mandates.
  Members of the Montana-Western Petroleum Marketers Association and 
the Petroleum Marketers Association of America have been especially 
negatively impacted with RSPA's requirements. The cost of the 
regulation to small businesses often costs thousands of dollars, with 
little additional safety protection. In addition, the Federal 
inspection requirements often force cargo tank operators to travel 
great distances to comply with the regulations. It is time that we 
force regulators to be responsible and establish justification before 
the implementation of such regulations. I think we could send a clear 
message by passing my proposed legislation.
  Many of the cargo tank owners and operators are owned by small ``mom 
and pop'' businesses, who operate on a slim profit margin. The cost of 
compliance can be devastating to their business. For years, States had 
the authority to inspect small cargo tank vehicles. Not only was this 
more convenient for owners and operators, but States had the ability to 
structure the program to benefit their constituents. I think we should 
return this authority to the States and allow them to make decisions 
which best suit their needs.
  Up until 1991, RSPA provided an exemption of cargo tanks carrying 
3,500 gallons of petroleum product or less. However, since that time, 
RSPA has decided that no tank is too small to regulate and that all 
cargo tank operators should operate under the same rules. In theory 
this may sound reasonable, but, in reality, small cargo tanks are very 
different from larger tanks and should be treated as such. I ask for 
 [[Page S6464]] your support of my legislation and introduce it today 
to restore some common sense into the Federal bureaucracy.
                                 ______

      By Mr. CHAFEE (for himself, Mr. Moynihan, and Mr. Kyl):
  S. 789. A bill to amend the Internal Revenue Code of 1986 to make 
permanent the section 170(e)(5) rules pertaining to gifts of publicly 
traded stock to certain private foundations, and for other purposes; to 
the Committee on Finance.

                           gifts legislation

  Mr. CHAFEE. Mr. President, today I am introducing legislation on 
behalf of myself, Senator Moynihan, and Senator Kyl, which would permit 
the full value deduction for gifts of appreciated stock to private 
foundations.
  Since 1984, donors have been allowed to deduct the full fair market 
value of certain gifts and publicly traded stock given to private 
foundations. In other words, if an individual has a private foundation 
that he has set up, and he has some stock--in General Electric, for 
example, that has appreciated substantially--when he makes a gift of 
that stock to the foundation, and General Electric, say, is trading at 
58, that the full value of that stock, namely each share at the present 
value of 58, is a deductible contribution by the donor.
  Clearly, if an individual made such a contribution to Yale University 
or to the United Way, whatever it was, the full value of the stock 
would be a deductible contribution.
  And the question here is, what about now, the contribution of that 
stock to a private foundation? Up until January 31, 1994--in other 
words last January--December 31--it has been possible to get a full 
deduction for the contribution of stock to a private foundation.
  Unfortunately, on that date, the action which provided for the full 
deductibility terminated. It sunsetted.
  Mr. President, I would like to stress that private foundations are 
nonprofit organizations. They support charitable activity. They have to 
do that or they are not allowed an exemption. They provide support for 
making grants to other nonprofit agencies.
  In other words, sometimes a private foundation has the capacity to 
make a charitable contribution itself to the United Way or Nature 
Conservancy or the Sierra Club or whatever it might be. They provide 
support for such things as scholarships and disaster relief. Also, they 
make grants to individuals.
  Now, foundations are created by endowments, money given by 
individuals or by families or by corporations. They make grants and 
operate programs with the income earned from investing the endowments. 
Since most foundations have permanent endowments, they do not have to 
raise funds each year from the public in order to continue their work.
  Most functions, charitable activities every year have to go out and 
raise money so they are reluctant to get into long-term commitments, 
but foundations such as the Ford Foundation with a substantial amount 
of money that they know is there--realizing the income is going to be 
there next year, they are not dependent upon annual donations--act as 
the research and development arm of our society.
  In a 1965 Report on Private Foundations, the Treasury Department 
recognized the special nature of foundations by describing them as 
``uniquely qualified to initiate thought and action, experiment with 
new and untried ventures, dissent from prevailing attitudes, and act 
quickly and flexibly.'' Indeed, foundations reflect the innovative 
spirit of the individuals and corporations that endow them.
  There are more than 30,000 private foundations in America today that 
provide over $10 billion annually to support innumerable projects, 
large and small. Among other things, they help the poor and 
disadvantaged, advance scientific and medical research, and strengthen 
the American educational system.
  Let me give you a few examples of some of the medical advances that 
have occurred as a result of the financial assistance provided by 
private foundations:
  The polio vaccine developed by Dr. Jonas Salk in 1953 after the Sarah 
Scaife Foundation provided him with the money he needed to establish 
and equip his virus laboratory.
  With the help of the Commonwealth Fund, Dr. Papanicolaou discovered 
in 1923 that cervical cancer could be diagnosed before a woman 
presented any symptoms. That breakthrough led to the basic and now 
routine diagnostic technique known as the Pap smear.
  In 1951 Dr. Max Theiler received the Nobel prize in medicine for his 
work in developing the yellow fever vaccine. That effort was the direct 
result of a 30-year, all-out commitment by the Rockefeller Foundation 
to eradicate this disease.
  But, Mr. President, private foundations have been involved in many 
more aspects of our daily lives than simply funding medical advances. 
Dr. John V.N. Dorr was an engineer in the early 1950's. He speculated 
that many accidents occurring on our Nation's highways during inclement 
weather were the result of drivers hugging the white lines painted in 
the middle of the road. Dorr believed that if similar lines were 
painted on the shoulder side of the road, lives could be saved.
  Dorr convinced transportation engineers in Westchester County, NY, to 
test his theory along a particularly treacherous stretch of highway. 
The dropoff in accidents along this part of the road was dramatic, and 
Dr. Dorr used his own foundation to publicize the demonstration's 
results nationally. Today, although State funds are now used to paint 
white lines on the shoulder side of the Nation's highways, every person 
traveling in a motor vehicle is indebted to Dorr and his foundation for 
implementing this life-saving discovery.
  As these examples indicate, private foundations provide a great many 
benefits to our society. By permanently extending this tax incentive, 
we can continue to encourage individuals to dedicate a substantial 
portion of their wealth to public, rather than private purposes. I hope 
my colleagues will support this legislation.
 Mr. MOYNIHAN. Mr. President, I am pleased to join my 
distinguished colleague, Senator Chafee, in introducing a bill to 
restore a full, fair-market-value deduction for gifts of publicly 
traded stock to private foundations. This was in fact the law through 
1994, but the provision in the tax code providing for a charitable 
deduction measured by the fair market value of stock donated to a 
private foundation expired on December 31, 1994.
  As many in this body will recall, I worked for many years to restore 
a full, fair-market-value deduction for gifts of appreciated property 
to public charities. That deduction had been limited in 1986 tax 
legislation for taxpayers subject to the alternative minimum tax, so 
that they could only deduct the ``basis''--usually, the original 
purchase price--of property donated to public charities, such as 
college and universities, museums and other charitable institutions 
that receive the larger share of their support from the public at 
large. Happily, the full, fair-market-value deduction for all such 
gifts--personal property, real estate and intangible property such as 
stock--was restored on a permanent basis in the 1993 budget 
legislation, the Omnibus Budget Reconciliation Act of 1993.
  The bill we introduce today concerns charitable gifts to private 
foundations, which unlike public charities, receive their support from, 
and are often controlled by, a limited group of individuals. A full, 
fair-market-value deduction for gifts of publicly traded stock had been 
available in the case of private foundations over the past 10 years 
under a special rule enacted in 1984 and scheduled to expire on 
December 31, 1994. This automatic expiration was intended to provide 
Congress an opportunity to review the private foundation contribution 
rule with the benefit of several years of practical experience under 
it. I believe that most commentators have concluded that the private 
foundation rules are working relatively well, and that the rule 
providing for fair-market-value deductions for gifts of publicly traded 
stock has not been a source of compliance problems. As a result, there 
is no reason to provide different treatment for gifts of publicly 
traded stock to private foundations that is currently provided for such 
gifts to public charities. The bill we introduce today would conform 
the rules for both.
  Mr. President, private foundations are an important aspect of 
America's 
 [[Page S6465]] nonprofit, independent sector. The contributions made 
by nonprofit institutions to our society in the areas of education, 
health, disaster relief, the advancement of knowledge and the 
preservation of our history and cultural artifacts is vast. I daresay 
it is often not fully understood or appreciated, particularly the 
extent to which nonprofit institutions perform functions that are 
typically governmental undertakings in other societies. Nonprofit 
institutions are a part of our culture that we should take care not to 
lose, and government has a role in insuring that they thrive. The 
legislation we introduce today is a part of that role.

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