E82 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 2005 Cleveland, graduated from St. Ignatius High eral government. Because ‘‘he who pays the come an increasingly popular, and successful, School, then worked his way through John piper calls the tune,’’ public, and even private method of educating children. Home schooled Carroll University, where he graduated in schools, are paying greater attention to the children out-perform their public school peers 1943. Shortly thereafter, Judge Corrigan en- dictates of federal ‘‘educrats’’ while ignoring by 30 to 37 percentile points across all sub- listed in the Army, where he participated in the wishes of the parents to an ever greater jects on nationally standardized achievement five European campaigns as a surgical techni- degree. As such, the lack of consumer sov- exams. Home schooling parents spend thou- cian during World War II. ereignty in education is destroying parental sands of dollars annually, in addition to the After the war, he earned a law degree from control of education and replacing it with state wages forgone by the spouse who forgoes the Western Reserve University School of control. Loss of control is a key reason why so outside employment, in order to educate their Law, and began a private law practice. Judge many of America’s parents express dis- children in the loving environment of the Corrigan served on the Cleveland Municipal satisfaction with the educational system. home. Court from 1953 until 1956 He was elected to According to a June 2001 poll by Ultimately, Mr. Speaker, this bill is about the Cuyahoga County Court of Common Pleas McLaughlin and Associates, two-thirds of freedom. Parental control of child rearing, es- in 1956, where he served until 1973. In 1991, Americans believe education tax credits would pecially education, is one of the bulwarks of Judge Corrigan retired after serving three have a positive effect on American education. liberty. No nation can remain free when the terms on the 8th Ohio District Court of Ap- This poll also found strong support for edu- state has greater influence over the knowl- peals. His unequalled work ethic, keen legal cation tax credits among liberals, moderates, edge and values transmitted to children than mind, and uncompromising professional integ- conservatives, low-income individuals, and Af- the family. rity continuously garnered the respect and ad- rican-Americans. This is just one of numerous By moving to restore the primacy of parents miration of all members of the court. While studies and public opinion polls showing that to education, the Family Education Freedom Chairman of the Civil Rules Committee, Judge Americans want Congress to get the federal Act will not only improve America’s education, Corrigan was a leader in the successful effort bureaucracy out of the schoolroom and give it will restore a parent’s right to choose how to streamline and unify the court process re- parents more control over their children’s edu- best to educate one’s own child, a funda- garding civil cases. His dedication on behalf of cation. mental freedom that has been eroded by the the public good was present throughout his Today, Congress can fulfill the wishes of the increase in federal education expenditures and work, and served to uplift our entire judicial American people for greater control over their the corresponding decrease in the ability of system. children’s education by simply allowing par- parents to provide for their children’s edu- Mr. Speaker and Colleagues, please join me ents to keep more of their hard-earned money cation out of their own pockets. I call on all my in honor and remembrance of Judge John V to spend on education rather than force them colleagues to join me in allowing parents to Corrigan. Courage, vision and integrity defined to send it to Washington to support education devote more of their resources to their chil- his life, and he will be greatly missed by those programs reflective only of the values and pri- dren’s education and less to feed the wasteful who knew and loved him well. I extend my orities of Congress and the federal bureauc- Washington bureaucracy by supporting the deepest condolences to his beloved wife, Ei- racy. Family Education Freedom Act. leen; to his children, Clare, Kate, Mary Ann, The $3,000 tax credit will make a better f Eileen, Tom, Dan and Jack; and to his be- education affordable for millions of parents. INTRODUCTION OF ROCKY FLATS loved grandchildren, extended family and Mr. Speaker, many parents who would SPECIAL EXPOSURE COHORT ACT many friends. Judge Corrigan’s life was one of choose to send their children to private, reli- joy, energy and unwavering service to others. gious, or parochial schools are unable to af- His faith in our system of justice will continue ford the tuition, in large part because of the HON. MARK UDALL to serve as a guiding force and brilliant exam- enormous tax burden imposed on the Amer- OF COLORADO ple of truth, fairness and equity for all. ican family by Washington. IN THE HOUSE OF REPRESENTATIVES f The Family Education Freedom Act also Wednesday, January 26, 2005 benefits parents who choose to send their chil- Mr. UDALL of Colorado. Mr. Speaker, today THE FAMILY EDUCATION dren to public schools. Parents of children in I am again introducing a bill to make it more FREEDOM ACT public schools may use this credit to help im- likely that red tape and missing documents will prove their local schools by helping finance not frustrate Congress’s attempt to provide HON. RON PAUL the purchase of educational tools such as compensation and care for some nuclear- OF TEXAS computers or to ensure their local schools can weapons workers made sick by on-job expo- IN THE HOUSE OF REPRESENTATIVES offer enriching extracurricular activities such sure to radiation. as music programs. Parents of public school Wednesday, January 26, 2005 The bill is similar to one I introduced in the students may also wish to use the credit to 108th Congress. Like that bill, this one is co- Mr. PAUL. Mr. Speaker, I rise today to intro- pay for special services, such as tutoring, for sponsored by my colleague from Colorado, duce the Family Education Freedom Act, a bill their children. Mr. BEAUPREZ. I greatly appreciate his support. to empower millions of working and middle- Increasing parental control of education is The bill would revise the part of the Energy class Americans to choose a non-public edu- superior to funneling more federal tax dollars, Employees Occupational Injury Compensation cation for their children, as well as making it followed by greater federal control, into the Act (‘‘the Act’’) that specifies which covered easier for parents to actively participate in im- schools. According to a Manhattan Institute workers are part of what the law designates proving public schools. The Family Education study of the effects of state policies promoting as the ‘‘Special Exposure Cohort.’’ Freedom Act accomplishes its goals by allow- parental control over education, a minimal in- The revision would extend this ‘‘special ex- ing American parents a tax credit of up to crease in parental control boosts students’ av- posure cohort’’ status to Department of Energy $3,000 for the expenses incurred in sending erage SAT verbal score by 21 points and stu- employees, Department of Energy contractor their child to private, public, parochial, other dents’ SAT math score by 22 points! The employees, or atomic weapons employees— religious school, or for home schooling their Manhattan Institute study also found that in- all terms defined by the current law—who children. creasing parental control of education is the have worked at the Rocky Flats site, in Colo- The Family Education Freedom Act returns best way to improve student performance on rado, for at least 250 days or will have worked the fundamental principle of a truly free econ- the National Assessment of Education there that long by January 1, 2006. omy to America’s education system: what the Progress (NAEP) tests. The result would be to help provide the great economist Ludwig von Mises called Clearly, enactment of the Family Education Act’s benefits to any of those workers who ‘‘consumer sovereignty.’’ Consumer sov- Freedom Act is the best thing this Congress contracted a radiation-linked cancer specified ereignty simply means consumers decide who could do to improve public education. Further- in the Act after beginning employment at succeeds or fails in the market. Businesses more, a greater reliance on parental expendi- Rocky Flats. that best satisfy consumer demand will be the tures rather than government tax dollars will As the law now stands, before a Rocky most successful. Consumer sovereignty is the help make the public schools into true commu- Flats worker suffering from a covered cancer means by which the free market maximizes nity schools that reflect the wishes of parents can receive benefits, it must be established human happiness. and the interests of the students. that the cancer is as likely as not to have re- Currently, consumers are less than sov- The Family Education Freedom Act will also sulted from on-the-job exposure to radiation. ereign in the education ‘‘market.’’ Funding de- aid those parents who choose to educate their That sounds like a reasonable require- cisions are increasingly controlled by the fed- children at home. Home schooling has be- ment—and it would be appropriate for Rocky

VerDate Aug 04 2004 04:59 Jan 27, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JA8.001 E26PT1 January 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E83 Flats if we had adequate documentation of ra- under the Act is in error. The default values HONORING THE SERVICE OF PAUL diation exposures for the years when it was used for particle size and solubility of the inter- KEARNS TO THE IDAHO NA- producing nuclear-weapons components as nally deposited plutonium in workers are in TIONAL ENGINEERING AND ENVI- well as for the more recent time when DOE error. Use of these erroneous values reduces RONMENTAL LABORATORY and its contractors have been working to clean the actual internal doses for claimants by as it up and prepare it for closure. much as 3 to 10 times less than the Rocky HON. MICHAEL K. SIMPSON However, in fact there were serious short- Flats records and autopsy data indicate. OF IDAHO comings in the monitoring of Rocky Flats Some Rocky Flats workers, despite having IN THE HOUSE OF REPRESENTATIVES workers’ radiation exposures and in the nec- worked with tons of plutonium and having essary recordkeeping—to say nothing of the known exposures leading to serious health ef- Wednesday, January 26, 2005 slowness of the current administrative process fects, have been denied compensation under Mr. SIMPSON. Mr. Speaker, I rise today to for making the required determinations con- the Act as a result of potentially flawed cal- thank Dr. Paul Kearns of Idaho Falls for his cerning links between exposure and employ- culations based on records that are incom- service as Laboratory Director of the Idaho ment. plete or in error as well as the use of incorrect National Engineering and Environmental Lab- This means there is a real risk that a signifi- models. oratory (INEEL). cant number of Rocky Flats workers who Mr. Speaker, since early in my tenure in On February 1, Paul’s tenure as Laboratory should be able to benefit from the Act will not Congress I have worked to make good on Director will come to an end and I want to obtain its benefits in a timely manner or will be promises of a fairer deal for the nuclear-weap- thank Paul and his wife Lynn for their contribu- denied them entirely. ons workers who helped America win the Cold tion to Idaho. Paul has guided the INEEL The bill would prevent this miscarriage of War. That was why enactment and improve- through a time of great change and challenge justice, by recognizing that Rocky Flats work- ment of the compensation Act has been one and he has been a true friend and champion ers have been plagued by the same kinds of of my top priorities. I saw this as a very impor- of the lab and its employees. administrative problems that entangled work- tant matter for our country—and especially for When Paul took over as INEEL Laboratory ers at some other locations—administrative many Coloradans because our state is home Director, he reached out to employees, DOE problems that were addressed through inclu- to the Rocky Flats site, which for decades was and the Idaho congressional delegation to im- sion in the Act of the provisions related to the a key part of the nuclear-weapons complex. prove communication and understanding. That ‘‘Special Exposure Cohort.’’ Now the site’s military mission has ended, effort has helped the INEEL grow and prosper My understanding of the need for this bill and the Rocky Flats workers are pressing to under Paul’s leadership. came from meeting with Rocky Flats workers complete the job of cleaning it up and pre- Under Dr. Kearns’ guidance, the research and their representatives and from consulting paring it for closure. But while they are taking and development programs of the INEEL have experts. care of the site, we in Congress need to take experienced significant growth and so has the I have particularly benefited from the great care of them and the others who worked there recognition of the lab’s accomplishments. The experience and expertise of Dr. Robert in the past. growth in R&D programs coupled with a ster- Bistline. Dr. Bistline has served as Program That was the purpose of the compensation ling safety and performance record give the Manager of the Energy Department’s Over- act. I am very proud that I was able to help new Idaho National Laboratory a strong foun- sight of Radiation Protection Program at the achieve its enactment, but I am also aware dation for future growth and success. Rocky Flats field office and has few if any that it is not perfect. Last year Congress made Paul has been a respected leader in Idaho peers in terms of his understanding of the important changes that will remedy some of its serving as a member of Governor problems addressed by the bill. shortcomings. This bill will make it better yet. Kempthorne’s Science and Technology Advi- In particular, the bill reflects these aspects For the benefit of our colleagues, I am at- sory Council and a board member of the of Rocky Flats history— taching an outline of the bill’s provisions: Idaho Nature Conservancy. Many worker exposures were unmonitored Paul and the Bechtel team have been very SECTION 1: SHORT TITLE, FINDINGS, AND PURPOSE over the lifetime of the plant. Even within the good for Idaho and the INEEL and while their Subsection (a) provides a short title, ‘‘Rocky past month a former worker from the 1950’s association with the lab will soon end, we Flats Special Cohort Act.’’ was monitored under the Former Radiation want to thank them for their efforts and sup- Subsection (b) sets forth several findings re- Worker Program and found to have a signifi- port. I want to wish Paul and Lynn all the best garding the need for the legislation. cant internal deposition that had been unde- as they embark on new challenges and oppor- Subsection ( c) states the bill’s purpose: ‘‘to tected and unrecorded for more than 50 years. tunities. revise the Energy Employees Occupational Ill- No lung counter for detecting and meas- f uring plutonium and americium in the lungs ness Compensation Act so as to include cer- existed at Rocky Flats until the late 1960’s. tain past and present Rocky Flats workers as REGARDING THE INTRODUCITON Without this equipment the very insoluble members of the special exposure cohort.’’ OF SPIRIT CORRIDOR LEGISLA- oxide forms of plutonium cannot be detected SECTION 2: DEFINITION OF MEMBER OF SPECIAL TION and a large number of workers had inhalation EXPOSURE COHORT exposures that went undetected and Subsection (a) amends section 3621(14) of HON. TOM UDALL unmeasured. the Energy Employees Occupational Injury OF NEW MEXICO Exposure to neutron radiation was not mon- Compensation Act (EEOICPA). The effect of IN THE HOUSE OF REPRESENTATIVES itored until the late 1950’s and most of those the amendment is to provide that a person measurements through 1970 have been found employed by the Department of Energy or any Wednesday, January 26, 2005 to be in error. In some areas of the plant the of its contractors for an aggregate of at least Mr. UDALL of New Mexico. Mr. Speaker, it neutron doses were as much as 2 to 10 times 250 work days at Rocky Flats before January gives me great pleasure to rise today to intro- as great as the gamma doses received by 1, 2006 would be a ‘‘member of the Special duce companion legislation to a bill being in- workers but only gamma doses were re- Exposure Cohort.’’ Under EEOICPA, a mem- troduced by Senator BINGAMAN of New Mexico corded. The old neutron films are being re- ber of the special exposure cohort suffering in the Senate. The Senator and I also intro- read but those doses have not yet been from one of the cancers specified in the Act is duced this legislation during the 108th Con- added to the workers records or been used in covered by the Act if the cancer was con- gress and I am hopeful that we will make fur- NIOSH’s dose reconstructions for Rocky Flats tracted after the person began employment at ther progress on this issue during this session. workers. a covered facility. I am also very pleased to be joined once Radiation exposures for many workers were Subsection (b) provides that someone em- again by my colleagues Mr. JERRY MORAN of not measured or were missing, therefore, the ployed by the Energy Department or any of its Kansas, Mr. FRANK LUCAS of Oklahoma, Mr. records are incomplete or estimated doses contractors for an aggregate of at least 250 MAC THORNBERRY, Mr. SILVESTRE REYES and were assigned. There are many inaccuracies work days at Rocky Flats before January 1, Mr. RANDY NEUGEBAUER of Texas, and Mr. in the exposure records that NIOSH is using 2006 may apply for compensation or benefits STEVE PEARCE, one of my colleagues in the to determine whether Rocky Flats workers under EEOICPA even if the person had pre- New Mexico delegation, in introducing this leg- qualify for compensation under the Act. viously been denied compensation or benefits islation. Each of these Members were cospon- The model that has been used for dose re- under the Act. This is to make clear that the sors last Congress and are demonstrating construction by NIOSH in determining whether subsection (a)’s change in the law will apply to their commitment to achieving this corridor Rocky Flats workers qualify for compensation people who had applied previously. designation by joining me again.

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