March 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E387 EXTENSIONS OF REMARKS

IDEA FUNDING THE PRESIDENT’S STEEL fornia. The proposal would create commemo- PROGRAM rative coins to help pay for the restoration of HON. DARLENE HOOLEY the San Francisco Mint known widely as the HON. ROBERT W. NEY ‘‘Old Granite Lady.’’ I commend Senators OF OREGON OF OHIO FEINSTEIN and BOXER for undertaking this commendable effort. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES The San Francisco Mint was in service from Wednesday, March 5, 2003 Wednesday, March 5, 2003 1870 to 1937, survived the San Francisco Ms. HOOLEY of Oregon. Mr. Speaker, Mr. NEY. Mr. Speaker, for years our jobs earthquake of 1906, and was utilized until a today I want to address an issue that is of have been washing away in a flood of cheap, few years ago as federal offices. Today, mod- great concern to my home state of Oregon, dumped foreign steel. Until the Bush Adminis- ern building codes require that it be reinforced and to states around the country. tration, these calls for help fell on deaf ears. before it can safely be used in an area that is When Congress enacted the predecessor On March 5, 2002, the President imposed tar- still prone to earthquakes. legislation to the Individuals with Disabilities in iff relief for a period of three years. One year I recently read an article in the February 11, Education Act (IDEA) in 1975, we made a later, the proof is irrefutable—the President’s 2003 edition of the Numismatic News, which I commitment to provide children with disabil- steel program is working. It is critical to the ask to be placed in the CONGRESSIONAL ities access to a quality public education. The continuous success of the President’s plan RECORD following my remarks, written by Ber- assumption was that education for children that tariff relief remain in effect for its full term. gen County Freeholder and my hometown Fair with disabilities was, on average, twice as U.S. steel companies, such as Wheeling- Lawn, New Jersey Mayor David L. Ganz, pro- costly as education for nondisabled children. Pittsburgh Steel Corporation and Weirton posing modifications to S. 168 to further stimu- As a result, Congress authorized the federal Steel Corporation, have made tremendous ef- late interest on the issuance of this coin. His government to pay up to 40 percent (some- forts to remain competitive in the world mar- proposals are worthy of consideration. Specifi- times termed the IDEA ‘‘full-funding’’ amount) ket. Labor and management have worked to- cally, Mayor Ganz proposes to have com- of each state’s excess cost of educating chil- gether to make brutal decisions. Wages have memorative coinage re-issued using historic dren with disabilities. Not once in the past 28 been cut; the number of workers and man- coin designs that were widely used in the 19th years has Congress lived up to its obligation agers has been reduced; new efficiencies and century, are associated with the San Fran- and states have had to shoulder the brunt of technologies have been pursued; bonds have cisco Mint, and which would offer to coin col- this unfunded mandate. been restructured to reduce interest expense lectors the affordable opportunity to receive proof specimens—a means to boost sales, in- The state and school districts are forced to and avoid bankruptcy. Despite these sacrifices crease the surcharge that will be used to help pick up the additional costs, putting additional and improvements, these steel companies restore the Mint, and provide an exciting col- strain on our education funding. The FY 2003 were still suffering from illegally dumped for- lector’s opportunity as well. appropriation for Part B of IDEA was $8.9 bil- eign steel. For example, coin collectors know the tale lion or 17.6 percent of the ‘‘excess cost,’’ leav- Since implementation of Section 201 tariff of the 1870 three dollar gold piece with the ing states and local school districts with an un- relief, the industry has made significant ‘‘S’’ for San Francisco Mint mark on the re- funded federal mandate of over $10 billion. progress toward restructuring and consolida- verse. The coin is unique and was formerly in That is $10 billion that our states and school tion, and these efforts will continue. The inter- the Louis Eliasberg collection. It is valued in districts could be spending to alleviate state national talks on overcapacity and subsidies the millions. There are other proof or uncir- budget crises, reduce class sizes, build and are making real progress. In addition, domes- culated three dollar gold pieces that are modernize schools and implement technology tic producers have enjoyed improvements in quoted in Numismedia, a coin pricing guide, into education. revenues, operating income, and capacity utili- zation. A number of companies have returned that sell for thousands of dollars. States across the Nation are dealing with an to profitability, while others have shown signifi- The 20-cent piece also has a long history economic crisis, facing large state budget defi- cant improvement even though they have not associated with the San Francisco Mint, in- cits and making deep cuts to services. In my yet become profitable. cluding the 1875–S coin produced more than home state of Oregon, the latest round of There have however been significant surges a century ago. An uncirculated example of this budget cuts have hit essential services such of imports from certain excluded countries, coin would cost hundreds of dollars. The same as education, and Oregon school districts are and, to the extent there is any concern about is true for the Liberty head nickel and the Bar- facing many tough decisions including shutting the program, it is that too many imports could ber dime—where the 1894–S, one of only 24 down early. be undermining relief. In fact, imports of flat- specimens known, is a six-figure rarity and a Make no mistakes about what this legisla- rolled steel increased substantially after impo- regular design is hundreds of dollars in pris- tion is about: it is about keeping the promise sition of Section 201 measures in 2002, as tine, uncirculated condition. of funding the mandate the federal govern- compared to the same period in 2001. There- Mr. Ganz calls for special collector coins not ment has put on the states and relieving the fore, the Section 201 tariff measures must be intended for circulation, but bearing original school funding crises that states across the fully enforced if our industry is to arrive at a designs of a century ago utilizing a contem- Nation are facing. In Oregon, this legislation successful conclusion. While recovery will take porary date. They would be produced in proof, would provide about $100 million that the fed- time, the President’s plan has allowed the in- as uncirculated pieces, and offered to collec- eral government is obligated to fund for edu- dustry to make a real start. tors with a modest surcharge that could raise cation, each and every year. With state’s f $123 million, if the coins sold out, to help re- budget crisis, threats of a shortened school store the Old Granite Lady. year and significant layoffs, this money is very THE OLD GRANITE LADY Mr. Ganz’s comments merit consideration important. for many reasons, not the least of which is It is high time we renew our commitment to HON. STEVEN R. ROTHMAN that he is a respected numismatist. A former our Nation’s children and pay the federal gov- OF NEW JERSEY member of the Citizens Commemorative Coin ernment’s share of the cost of IDEA. That is IN THE HOUSE OF REPRESENTATIVES Advisory Committee, he is one of the people why Congresswoman Nancy Johnson and I credited by former Mint director Philip Diehl as are introducing legislation that would appro- Wednesday, March 5, 2003 being the source and inspiration for America’s priate money to bring the federal government’s Mr. ROTHMAN. Mr. Speaker, I rise today to state quarters—which have given $5 billion share of IDEA funding to the full 40 percent by discuss S. 168, the San Francisco Old Mint back to the American taxpayer. I have known FY 2008 and I urge my colleagues to join me Commemorative Coin Act, introduced by Sen- Mayor Ganz for many years and believe that in this effort. ator FEINSTEIN and Senator BOXER of Cali- his ideas merit consideration, and I hope that

∑ 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.

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.051 E07PT1 E388 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 they may be incorporated into this meritorious the integrity of the coinage process, the his- One obvious way of doing that is to create effort to restore the San Francisco Mint. tory of American money and telling the a new $3 gold piece—a play on the 1870–S that story of American numismatics in its larger is unique (formerly in the Eliasberg collec- [From the Numismatic News, Feb. 11, 2003] sense. tion)—which was produced in the very year SAN FRANCISCO $3 WOULD SELL BETTER THAN There’s nothing magical about the tem- that the Old Granite Lady opened for busi- $5 plate that is being utilized right now to cre- ness. (By David L. Ganz) ate commemorative coinage. In an earlier To buy any $3 gold piece today, be prepared True to her word, Sen. Dianne Feinstein, time in its 1980s, a different model was uti- to plunk down thousands of dollars for an D-Calif., for herself and Sen. Barbara Boxer, lized—and I participated quite actively in uncirculated specimen, and multiples of that seeing to it that that model was not only D-Calif., introduced S. 168 on Jan. 15, a bill for a proof. For the Mint to begin a new com- broken, but for purpose. Significantly, I sug- entitled the ‘‘San Francisco Old Mint Com- memorative series—or even a single one-year gested it should be done again. San Francisco Mint coin in that denomina- memorative Coin Act,’’ which is a tradi- In 1982, modern commemorative coin issues tional revenue-raising measure containing a tion—would be a boost to the secondary mar- began anew with the introduction of a silver ket, a promotion for $3 gold pieces of other silver dollar and a half eagle ($5) gold piece. commemorative for the 250th anniversary of Like many dozens of other bills proposed dates and denominations, and produce the George Washington’s birth. There was no possibility of a sellout success at levels far over the course of the last decade that have surcharge; there was no beneficiary. The been designed to raise funds for a noble pur- above 100,000 pieces. coin was produced, it was sold and there as Where a half eagle or $5 gold piece contains pose, it follows a template that has been ap- great success: 2.2 million uncirculated pieces proved by the Treasury, the Mint, Congress .2420 troy ounces of gold, the $3 gold pieces of were manufactured and 4.8 million proofs. regulation weight is .1452 troy ounces. At itself, and even the Citizens Commemorative The Olympic program came and went, but Coin Advisory Committee. $360 an ounce (more or less current prices), in 1984–1985, the Statute of Liberty centen- the hard cost changes from $87 in gold to That means that the coins are legal tender; nial commission had its chance, and I had have moderately low mintages of 100,000 for $52.27. the opportunity to consult with them. Lee Lower the gold content, lower the price. the gold coins and 500,000 for the silver— Iacocca, that colorful personality who was sales for which will never be achieved—and The surcharge doesn’t have to change. What then the chairman of Chrysler corporation does change is the number of people making surcharges designed to raise in the aggregate headed the commission. Dr. Stephen $3.5 million if the gold coins sold out, and an- a purchase. That should go way up—just as it Brigandi was the executive director. did for the Statute of Liberty half dollar. other $5 million if the silver dollar version The mold in those days was a dollar coin or Net result: more surcharge for the Old Gran- hit it big, for a possible total of $8.5 million. two, plus a gold piece. The Olympics used a ite Lady’s restoration. Unfortunately, it will do neither and will $10 gold peace to disastrous results, in part On the same basis, I’d probably think most likely have disappointing sales in the because it contained nearly a half ounce of about adding a minor coin—such as the nick- 25,000–50,000 coin range for gold and in the gold (resulting in too high an issue price) el—or a subsidiary coin such as the dime to 100,000–250,000 range for the silver dollar, and also because when enough coins weren’t the mix. There’s a long history there, too, from which the Mint will take expenses, sold, the Mint produced more, adding for each. The first ‘‘S’’ mint on a nickel was leaving the San Francisco Museum and His- mintmarks as the distinguishing factor. 1912. The ‘‘S’’ dime could be the 1894–S Bar- torical Society a giant goose egg to help pay Two suggestions came from me: first, ber design—a powerbroker concept. But what for the restoration of the Old Granite Lady. change the denomination of the gold coin to is key is that it is different, unusual and Mint accounting is not for knaves. Neither a $5 gold piece—to lower the price substan- likely to have high sales—even with a sur- is it in accordance with what most would tially—and second, introduce a copper-nickel charge—if the price is simply not made ob- refer to as generally accepted accounting half dollar that could be produced as a circu- scene. principles. The result is that an exorbitant lating commemorative coin with an uncir- A third (or fourth) choice: a 20-cent piece amount of overhead is charged against com- culated and proof counterpart sold at a very (the 1875–S was struck there, of course)—and memorative coin production—it’s a legiti- modest mark-up to collectors. for all of the same reasoning. Add these and mate way to look at it, but on a per-coin They didn’t buy into the circulating com- watch orders and dollars come flying in. Pre- basis adds absurd amounts to cost that memorative concept—it took a dozen more diction if authorities follow my suggestions: would otherwise never be tolerated for pur- years before the state quarter program that I similarly proposed became reality—but a sellout. poses of analysis or compensation. Here’s how to do it: substitute language for One need only look at several recent com- whether to go with a copper nickel low- value, low-cost coin came down to a question the existing bill in the Senate, or introduce memorative results and fork-overs to see a new one in the House, and go to town for just how difficult the present system is. of how many might be sold, and what the proceeds would be from the surcharge. After the benefit of the Old Granite Lady—and That’s problematical where, as here, the goal give the San Francisco Mint a new historic is to raise funds to help restore the San all, the Statue of Liberty needed to be refur- bished for its centennial. life on the centennial of its survival of the Francisco Mint to the grandeur of yester- San Francisco earthquake of 1906. year, when it was the proudest building in I made a bet with Brigandi—$100 as I recall the old financial district of the downtown. it, though that’s a lot for a guy who usually 108th Congress, 1st Session Just by simple example, on the population bets a cent or a nickel—and I predicted that H.R. ll Buffalo nickel silver dollar commemorative such a coin would sell into the millions and To require the Secretary of the Treasury for the Smithsonian, budget documents sub- be a true partner and participant in a three- to mint coins in commemoration of the Old mitted show an initial $3 million loss. Con- coin program. Granite Lady (the old Mint at San Fran- Ultimately, it became the most successful gress authorized 500,000 of those coins—and cisco) non-circulating legal tender coin in history, they sold out in two weeks—yet in the budg- In the House of Representatives of the with more than 900,000 struck in uncir- et scoring of Jan. 25, 2001 (before sales United States, lllll, 2003, Mr. llll culated and over 6.9 million as proofs. No began), the outflow was $3 million down. introduced the following bill; which was read other coin, before or since, has come close. twice and referred to the Committee on Fi- (There would eventually be $13.9 million in Here’s why: it was a different coin, dif- nancial Affairs. gross sales registered in the fourth quarter ferent denomination, unusual, modest in A bill to require the Secretary of the of 2001.) price and distinctive. Collectors were en- Treasury to mint coins in commemoration of The San Francisco ‘‘S’’ mintmark has had couraged to buy into a concept that played the Old Granite Lady (the old Mint at San a special allure for more than 130 years. To right into what they do: collect. those who were collecting coins earlier than Those of us who are even casual about our Francisco). Be it enacted by the Senate and House of 1955, when production was suspended, the hobby know that we collect after a par- Representatives of the United States of ‘‘S’’ mintmarked coins traditionally had ticular fashion. Some will try to obtain all America in Congress assembled, lower and hence scarcer mintages—and high- silver dollars, others all issues. Still others er values. go for a type set. But when it comes to new SECTION 1. SHORT TITLE. The Old Granite Lady, which functioned and unusual or even different, it affords a This Act may be cited as the ‘‘Old Mint at from 1870 to 1937—and made it through the rare opportunity, which is something that I San Francisco Commemorative Coin Act.’’ San Francisco earthquake of 1906 virtually think S. 168 simply misses. SEC. 2. FINDINGS. unscathed—has a long history involving It’s not too late to change it; the bill has Congress finds that— coinage, which the legislation that Sen. merely been introduced and is months away (1) the Old Granite Lady played an impor- Feinstein introduced recites at least in part. from action in the Senate, no less the House tant role in the history of the Nation; ‘‘The San Francisco Old Mint is famous for of Representatives. (2) the San Francisco Old Mint was estab- many rare, legendary issues, such as the Here’s what I would do to change the focus lished to convert miners’ gold from the Cali- 1870–S $3 coin, which is valued today at well of the bill, and to simultaneously increase fornia Gold Rush into coins; over $1 million,’’ the precatory portion of the its chance for economic and commercial suc- (3) the San Francisco Old Mint Building bill begins—and then goes nowhere else. cess—and at the same time, offer a boost to was designed by architect A.B. Mullett, who Commemorative coinage should serve a several different areas of the hobby. also designed the United States Treasury purpose, none of which is essentially impor- Capitalize on the history of the Mint and Building and the Old Executive Office Build- tant for funding, all of which is integral to the coins that have come from it. ing;

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.053 E07PT1 March 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E389 (4) the solid construction of the Old Gran- (C) inscription of the words— among us; people like Andrew Espinoza who ite Lady enabled it to survive the 1906 San (i) ‘‘Liberty;’’ display uncommon courage in the face of Francisco earthquake and fire, making it the (ii) ‘‘In God We Trust,’’ great danger. only financial institution that was able to (iii) ‘‘United States of America;’’ and operate immediately after the earthquake (iv) ‘‘E Pluribus Unum.’’ Andrew’s heroic act is a reflection of the and the treasury for disaster relief funds for (b) SELECTION.—THE DESIGN FOR THE COINS selfless nature he has demonstrated through- the city of San Francisco; MINTED UNDER THIS ACT SHALL BE— out his life serving others. The fire, which (5) coins struck at the San Francisco Old (1) selected by the Secretary, after con- started early in the morning, awoke Andrew Mint are distinguished by the ‘‘S’’ sultation with the Commission of Fine Arts who then quickly roused his son and sent him mintmark; and the Board of the San Francisco Museum to safety. However, he was unable to escape (6) the San Francisco Old Mint is famous and Historical Society; for many rare, legendary issues, such as the (2) reviewed by the Citizens Commemora- the fire himself. Andrew displayed the true 1870-S $3 coin, which is valued today at well tive Coin Advisory Committee; and courageous acts of a hero, and as a father, over $1 million; and (3) reviewed by the Board of the San Fran- when he gave his life in order to insure his (7) the San Francisco Old Mint Commemo- cisco Museum and Historical Society. son’s survival. rative Coin will be the first commemorative SEC. 6. ISSUANCE OF COINS. In the community, he was dedicated to pre- coin to honor a mint. (a) QUALITY OF COINS.—Coins minted under serving the heritage and natural way of living SEC. 3. COIN SPECIFICATIONS. this Act shall be issued in uncirculated and in San Luis. He played an instrumental role in (a) DENOMINATIONS.—In commemoration of proof qualities. the struggle over the rights of locals to use the the San Francisco Old Mint, the Secretary of (b) PERIOD FOR ISSUANCE.—The Secretary the Treasury (in this Act referred to as the may issue coins minted under this Act only Mountain Tract. He helped to free the land for ‘‘Secretary’’) shall mint and issue the fol- during the period beginning on January 1, public use. lowing coins: 2006, and ending on December 31, 2006 Andrew also was a loving father of two (1) $3 gold coins—Not more than 500,000 $3 (c) MINT FACILITY.—The coins authorized daughters and a son. According to his daugh- coins, each of which shall— under this Section shall be struck at the San ter, Andrea of Tierra Amarilla, NM, ‘‘He want- (A) weigh 5.015 grams; Francisco Mint to the greatest extent pos- ed to pass his love of the land on from gen- (B) have a diameter of 20.5 mm; and sible and shall all bear the ‘‘S’’ mintmark re- (C) contain 90 percent gold and 10 percent gardless of the mint of manufacture. eration to generation; it was his gift to us.’’ An- alloy. SEC. 7. SALE OF COINS. drew’s love of his children, and for life, was (2) 20 cent piece—Not more than 3,500,000 (a) SALE PRICE.—The coins issued under demonstrated in everything he did. twenty-cent pieces, each of which shall— this Act shall be sold by the Secretary at a Mr. Speaker, it is with great respect that I (A) weigh 5 grams; price equal to the sum of— stand today and pay tribute to the life of An- (B) have a diameter of 22mm; and (1) the face value of the coins; (C) contain 90 percent silver and 10 percent drew ‘‘Gato’’ Espinoza before this body of (2) a surcharge in an amount equal to— Congress and this great nation. Through his alloy. (A) $35 per coin for the $3 coin; and (3) 10 cent piece—Not more than 5,000,000 (B) $9.80 per coin for the 20-cent coin; and sacrifice and courage, Andrew displayed true ten-cent pieces, each of which shall— (C) $9.90. for the 10-cent coin heroism. His life will be remembered and (A) weigh 2.5 grams; (D) $2.95 for each 5-cent coin. missed by his many friends, family and col- (B) have a diameter of 17.9mm; and (3) the per capita cost of designing and leagues. (C) contain 90 percent silver and 10 percent issuing the coins (including labor materials, alloy. dies use of machinery, over-head expenses, f (4) 5 cent piece—Not more than 7,500,000 marketing, and shipping) for the gold coin, five-cent pieces, each of which shall— and the face value and surcharge for the 20- TRIBUTE TO SEAN A. WOOD (A) weigh 5 grams; cent piece, 10-cent and 5-cent coin. (B) have a diameter of 21.2mm; and (b) BULK SALES.—The Secretary shall (C) contain .750 copper and .250 nickel alloy make bulk sales of the coins issued under HON. SAM GRAVES (b) LEGAL TENDER.—The coins minted this Act at a reasonable discount. under this Act shall be legal tender, as pro- (c) PREPAID ORDERS— OF MISSOURI vided in section 5103 of title 31, United States (1) IN GENERAL.—THE SECRETARY SHALL AC- IN THE HOUSE OF REPRESENTATIVES Code. CEPT PREPAID ORDERS FOR THE COINS MINTED (c) NUMISMATIC ITEMS.—All coins minted UNDER THIS ACT BEFORE THE ISSUANCE OF Thursday, March 6, 2003 under this Act shall be considered to be nu- SUCH COINS. mismatic items for purposes of section 5134 (2) DISCOUNT.—Sale prices with respect to Mr. GRAVES. Mr. Speaker, I proudly pause of title 31, United States Code. prepaid orders under paragraph (1) shall be to recognize Sean A. Wood, a very special SEC. 4. SOURCES OF BULLION. at a reasonable discount. young man who has exemplified the finest The Secretary may obtain gold and silver Sec. 8. DISTRIBUTION OF SURCHARGES. qualities of citizenship and leadership by tak- for mining coins under this Act from any (a) IN GENERAL.—Subject to Section 5134(f) ing an active part in the Boy Scouts of Amer- available source. of title 31, United States Code, all proceeds ica, Troop 67, and in earning the most pres- SEC. 5. DESIGN OF COINS. received by the Secretary from any sur- tigious Award of Eagle Scout. (a) DESIGN REQUIREMENTS.— charge imposed on the sale of coins issued (1) IN GENERAL.—(a) The reverse design of under this Act shall be paid by the Secretary Sean has been very active with his troop, the coins minted under this Act shall be em- to the San Francisco Museum and Historical participating in such scout activities as Camp blematic of the San Francisco Old Mint Society. Geiger. Over the five years he has been in- Building, its importance to California and (b) AUDITS.—As a condition of receiving volved in scouting, he has held numerous the history of the United States, and its role payments under subsection (a), the San leadership positions, serving as Assistant Sen- in rebuilding San Francisco after the 1906 Francisco Museum, and Historical Society ior Patrol Leader, Patrol Leader, Assistant Pa- earthquake and fire. shall be subject to the audit requirements of trol Leader, Troop Guide, and Den Chief. (B) The obverse designs shall be as follows: Section 5134(f)(2) of title 31, United States Sean also has been honored for his numerous (1) on the $3 gold piece, the ‘‘Princess’’ de- Code. sign utilized by the Mint in 1870; (2) on the 20 scouting achievements with such awards as f cent piece, the ‘‘Princess’’ design utilized by Warrior in the Tribe of Mic-O-Say, Brave in the the Mint in 1870; (2) on the 20 cent piece, the TRIBUTE TO ANDREW ESPINOZA Tribe of Mic-O-Say and Fire Builder in the Liberty Seated design in use by the Mint in Tribe of Mic-O-Say. Additionally, Sean has 1875; (3) on the dime, the Barber head design HON. SCOTT McINNIS earned 31 Merit Badges. utilized in 1894, and (4) on the nickel, the For his Eagle Scout project, Sean removed Barber head (Liberty head) design utilized in OF COLORADO an existing concrete sidewalk outside of the 1912. IN THE HOUSE OF REPRESENTATIVES Notwithstanding the foregoing, the Sec- Gallatin Fire Station and replaced it with a retary may decide to use the same designs, Thursday, March 6, 2003 concrete ramp, two handicap parking spaces, obverse and reverse, as the specified designs, Mr. MCINNIS. Mr. Speaker, it is with great a steel ramp for the railing, a new door and with an ‘‘S’’ mint-mark, as were heretofore pride that I rise today to honor the life of An- two handicapped signs. utilized on the $3 gold piece, 20-, 10-, and 5- drew ‘‘Gato’’ Espinoza of San Luis, Colorado. Mr. Speaker, I proudly ask you to join me in cent coins during the time period specified. (2) DESIGNATION AND INSCRIPTIONS.—Each Mr. Espinoza tragically died in a house fire commending Sean A. Wood for his accom- coin minted under this Act shall contain— after heroically rescuing his fifteen year-old plishments with the Boy Scouts of America (A) a designation of the value of the coin; son, Daniel. At this unique time in history, we and for his efforts put forth in achieving the (B) an inscription of the year ‘‘2006,’’ and have all become more aware of the heroes highest distinction of Eagle Scout.

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.057 E07PT1 E390 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 WE THE PEOPLE: THE CITIZEN SOCIAL SECURITY PROTECTION marrying Mr. Paul Crookham in 1937, as the AND THE CONSTITUTION ACT OF 2003 school district had a policy against employing married teachers. Mrs. Crookham then went to SPEECH OF work at the Bloss Hospital Sunshine School to HON. RUSH D. HOLT HON. RON PAUL teach children suffering from rheumatic fever. OF NEW JERSEY OF TEXAS In 1943, the Winton School Board revised its policy on married teachers, and reinstated IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mrs. Crookham. Soon after, she began serv- Thursday, March 6, 2003 Wednesday, March 5, 2003 ing as a teacher-principal, and then as prin- Mr. PAUL. Mr. Speaker, I rise in reluctant cipal-superintendent. After receiving an admin- Mr. HOLT. Mr. Speaker, on April 26, 2003, opposition to H.R. 743, the Social Security istrative credential from Fresno State Univer- more than 1,200 students from across the Protection Act. While this bill contains many sity, she served as the district’s full-time su- country will compete in the national finals of provisions worthy of support, it also removes perintendent until her retirement in 1974. the We the People: The Citizen and the Con- the only means by which many widowed Even after her retirement in 1974, Mrs. stitution program in Washington, DC. This pro- Texas public school teachers can receive the Crookham stayed very active in the local com- gram is the most extensive educational pro- same spousal social security benefits as every munity. She was elected to the Merced Coun- gram in the country, developed specifically to other American. As I am sure my colleagues ty Board of Education on which she served educate young students about the Constitution are aware, widowed public school employees seven terms. Mrs. Crookham was instrumental and the Bill of Rights. The We the People pro- in Texas, like public employees throughout the in the Virginia Smith Scholarship Program, gram, administered by the Center for Civic nation, have their spousal social security re- and was involved with well over fifty organiza- Education, is funded by the U.S. Department duced if they receive a government pension. tions in Merced County. When the Bloss of Education by act of Congress. The Government Pension Offset even applies House, a historical landmark in Atwater, Cali- I am proud to announce that the class from if the public employee in question worked all fornia, was threatened, Mrs. Crookham helped East Brunswick High School will represent the the quarters necessary to qualify for full social to found the Atwater Historical Society to save state of New Jersey in the program’s finals. security benefits either before or after working and preserve the home. She remained on the These students have worked conscientiously in the public school system! Historical Society board until 2001. to reach the national finals by participating at The effect of the Government Pension Off- In 1986, the first elementary school she at- local and statewide competitions. In the past set is to punish people for teaching in public tended was renamed ‘‘Sybil N. Crookham Ele- fifteen years, these young scholars have won schools! However, current law provides wid- mentary School.’’ Mrs. Crookham’s main pri- the state competition fourteen times, an ac- owed Texas public school teachers a means ority was to ensure every student in Merced complishment that should not go unnoticed. of collecting the full social security spousal County receive a quality education. She Through their experience, they have gained a benefits. Unfortunately, this bill removes that played a vital role in locating the tenth Univer- deep knowledge and understanding of funda- option from Texas teachers. Since I believe sity of California campus to be built in Merced. mental principles and values of our constitu- the Congress should repeal the Government Her friends and coworkers described Mrs. tional democracy. It is a great honor that stu- Pension Offset by passing H.R. 524, which re- Crookham as a tireless worker, and a cham- dents from the 12th District in New Jersey peals both the Government Pension Offset pion of the youth. have shown such dedication and interest in and the Windfall Elimination Provision, another Our community has been greatly strength- our nation’s government. provision that denies public employees full so- ened by the efforts of Paul and Sybil The three-day We the People national com- cial security benefits, I must oppose this bill. Crookham. She never ceased to work on be- petition is modeled after hearings in the United Instead of punishing public school teachers, half of the children even after her retirement. States Congress. The hearings consist of oral Congress should be encouraging good people Sybil was always called upon by community presentations by high school students before a to enter the education profession by passing leaders for advice and counsel. Sybil set an panel of adult judges on constitutional topics. my Teacher Tax Cut Act (H.R. 613) which pro- example for others to follow. I am honored to The students are given an opportunity to dem- vides every teacher with a $1,000 tax credit, have called Sybil Crookham my friend and am onstrate their knowledge while they evaluate, as well as my Professional Educators Tax saddened for our community’s loss. May God take, and defend positions on relevant histor- Credit Act (H.R. 614), which provides a $1,000 Bless Paul and the entire Crookham family. ical and contemporary issues. Their testimony tax credit to counselors, librarians, and all f school personnel. Congress should also act to is followed by a period of challenging ques- TRIBUTE TO BUD GORDON—IRA D. protect the integrity of the Social Security tions by the judges who probe the students’ CALVERT DISTINGUISHED SERV- Trust Fund by passing my Social Security depth of understanding and ability to apply ICE AWARD RECIPIENT their constitutional knowledge. Preservation Act (H.R. 219), which ensures The We the People program provides cur- that Social Security monies are not spent on ricular materials at upper elementary, middle other programs. Congress should also pass HON. KEN CALVERT OF CALIFORNIA and high school levels. The curriculum not my Social Security for American Citizens Only only enhances students’ appreciation of the in- Act (H.R. 489), which ensures that noncitizens IN THE HOUSE OF REPRESENTATIVES stitutions of American constitutional democ- who have not worked the required number of Thursday, March 6, 2003 racy, it also helps them identify the contem- quarters and illegal immigrants do not receive social security benefits. Mr. CALVERT. Mr. Speaker, I rise today to porary relevance of the Constitution and Bill of honor and pay tribute to an individual whose f Rights. Critical thinking exercises, problem- dedication contributions to the community of solving activities, and cooperative learning FOR SYBIL CROOKHAM Corona, California are exceptional. Corona, techniques help develop participatory skills and surrounding communities, has been fortu- necessary to become active, responsible citi- nate to have dynamic and dedicated business zens. HON. DENNIS A. CARDOZA OF CALIFORNIA and community leaders who willingly and un- The class from East Brunswick High School IN THE HOUSE OF REPRESENTATIVES selfishly give their time and talent and make is currently preparing for their participation in their communities a better place to live and the national competition in Washington, DC. It Thursday, March 6, 2003 work. Bud Gordon is one of these individuals. is inspiring to see these young people advo- Mr. CARDOZA. Mr. Speaker, I rise today to On March 22, 2003, Bud will be honored at cate the fundamental ideals and principles of honor Sybil N. Crookham. Mrs. Crookharn was the annual YMCA Ira D ‘‘Cal’’ Calvert Distin- our government, ideas that identify us as a born on an Indian reservation on November guished Service Awards Dinner. people and bind us together as a nation. It is 12, 1911. She moved to Merced County and For the past several years, Bud has volun- important for future generations to understand enrolled in Winton School. She graduated teered and supported many of our most rec- the values and principles fundamental to our from Merced High School in 1930, and re- ognizable civic projects in Corona. He has endeavor to preserve and realize the promise ceived her Bachelor of Arts in education from served as the Executive Chairman of the of our constitutional democracy. I wish these San Francisco State in 1934. Happy Hairston Youth Foundation and with young ‘‘constitutional experts’’ the best of luck Mrs. Crookham received a teaching job late Happy Hairston, chaired the golf tour- at the We the People national finals and con- upon returning to Winton, California in 1934. nament for many years. Over the past seven tinued success in their endeavors. However, she had to leave her job after years, Bud also has raised over one million

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.002 E07PT1 March 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E391 dollars for local charities while serving as the Computer Services in 1979. His leadership Lone Star Conference Championships. He has Chairman for numerous golf tournaments that has kept OJC on the cutting edge of tech- been inducted into the Lone Star Conference benefited local groups such as the Fender Mu- nology for over three decades. Hall of Honor and the Javelina Hall of Fame. seum Foundation, the Boy Scouts, the ARC Ken was born and raised in the Arkansas In the spring of 1983, Darrell Green was a Angel Foundation and the Happy Hairston Valley. He graduated from Otero Junior Col- first-round draft choice of the Washington Youth Foundation. He has also served as a lege with an Associate’s degree and com- Redskins. During his first regular-season committee member on several other charity pleted his Bachelor’s degree at Southern Col- game with the Redskins, he electrified football golf tournaments such as the American Can- orado State College, now the University of fans everywhere when he crossed the field to cer Societies, The Boys and Girls Club of Southern Colorado in Pueblo. He returned to chase down and tackle the legendary Dallas Temecula, and the Corona Regional Medical OJC as a computer operator in 1971. Cowboy running back, Tony Dorsett, pre- Center. In his thirty-two years at OJC, Ken oversaw venting a sure touchdown. Similar exploits on In addition to his service on established tremendous changes, watching his computers the field that year earned him the title of NFL charitable organizations, Bud initiated a new shrink from the size of a room to the size of Rookie of the Year. Since then, he has been program called ‘‘The Cool Down Corona Pro- his hand. Ken helped to connect OJC’s com- a seven-time All-Pro defensive back, four-time gram’’. During the hot summer months, senior puter network to the Colorado Community Col- NFL Fastest Man honoree and two-time Super citizens without air conditioning were suffering lege System and expand the role played by Bowl championship team member. Mr. Green needlessly. Bud decided to go down to the technology in the daily life of the campus and holds a remarkable number of NFL and Red- local hardware store and purchase 30 window its students. He also took the lead on tech- skins records, including first NFL player to air conditioners. He then contacted the Corona nology issues on a region-wide basis. In 1998, make at least one interception in 19 consecu- Police Department, the Corona Fire Depart- the Colorado legislature established the Con- tive seasons; first NFL player to return an ment and the Corona Senior Center and ob- nect Colorado project to develop technology in interception for a touchdown at age 37; first tained the names of seniors in our community rural Colorado by networking schools and non- NFL player to play cornerback at the age of that did not have air conditioners. Over the profit organizations. Originally serving as a 42; first Redskin to play 20 consecutive sea- past few years the program has grown and representative of OJC to the larger project, sons, start in 254 games and play 279 games; every year more seniors are helped during the Ken eventually agreed to take over as project first Redskin to have 54 interceptions; first summer months with much needed relief. manager himself. Redskin to return a fumble 78 yards for a Bud also co-founded the At Risk Children Mr. Speaker, it is a great privilege to recog- touchdown—the longest in Redskin history; Foundation, or ARC Angel Foundation and nize Ken Goodwin for his service to Otero and the first Redskin to return six interceptions has raised and given back to the community Junior College and southeastern Colorado. for touchdowns in a season. over half a million dollars in goods and serv- Ken’s efforts have provided the foundation for Darrell Green has also been a shining star ices. One of the first activities organized by the continuing expansion of technology to stu- off the field through his dedicated efforts to ARC Angel was to take 700 children from dents and citizens in rural Colorado. I wish help at-risk youth. In 1988, he founded the Darrell Green Youth Life Foundation, which low†income families to an Anaheim Angels him well in his retirement. opens doors of opportunity for neglected chil- ballgame at Edison Field, many of whom had f dren living in unsafe environments. The mis- never been out outside the city of Corona. sion was accomplished through community- Bud personally ftmded the tickets, food, sou- TRIBUTE TO WASHINGTON RED- based, value-driven learning centers operating venirs, and a mobile disc jockey. SKINS CORNERBACK DARRELL One of the defining moments in Bud’s chari- GREEN in urban, suburban and rural neighborhoods table record, was his involvement after Sep- throughout America. The first Darrell Green tember 11, 2001. On the weekend following HON. RUBE´N HINOJOSA Youth Life Learning Center was established in 1993 and has grown to six operating centers the tragedy, Bud gave away United States OF TEXAS in three states. For his extraordinary humani- flags to anyone who came into his car dealer- IN THE HOUSE OF REPRESENTATIVES tarian endeavors, Green has received an hon- ship requesting a flag. He also offered to do- Thursday, March 6, 2003 nate $100 to the New York Relief Fund for orary doctorate from Marymount University. each car that was sold in the name of that Mr. HINOJOSA. Mr Speaker, it is with great He has also received honorary doctorate de- customer. On the week anniversary of Sep- pleasure that I rise today to honor Darrell grees from George Washington University and tember 11th, Bud closed the dealership at Green. Mr. Green recently retired after 20 American University. Darrell currently serves noon to have a brief program in remembrance years, as a star cornerback, with the Wash- on the board for the Baltimore-Washington of the victims. Local firefighters and police ington Redskins. During that time he became 2012 Olympic Games bid, NFL/NFLPA Sept. were honored and Bud announced he would one of the National Football League’s all-time 11 Relief Fund and the Loudon Education match funds for anyone who would like to do- best, and most honored, players. Foundation. He has received numerous nate money to the relief efforts. As a native of Houston, Texas, Darrell awards and was recently inducted into the Bud has set a standard of excellence and Green began his athletic career at Jones High Texas Sports Hall of Fame in 2001. Mr. Speaker, I call upon my colleagues to commitment in his work with charity. His tire- School. From 1978–1983, he attended Texas join me in honoring my fellow Texan, Darrel less passion for community service has con- A&I University, which is now Texas A&M Green, for his extraordinary accomplishments tributed immensely to the betterment of the Kingsville and is located in the 15th district. both on and off the football field. His alma community of Corona, California. His involve- There he was an Associated Press Little All- mater, Texas A&M Kingsville, and I are justifi- ment in the community makes me proud to America and American Football Coaches As- ably proud not only of his fabulous football ca- call him a fellow community member, Amer- sociation All-America first-team honoree. Mr. reer, but of his long-standing commitment to ican and friend. I know that many community Green was on the All-Lone Star Conference help at-risk children reach their fullest potential members are grateful for his service and sa- first team as a junior and senior and was se- and achieve their dreams. lute him as he receives the ‘‘Ira D. Calvert lected as the Lone Star Conference’s most Distinguished Service Award’’. valuable player in 1982. He was selected to f the Lone Star Conference Team of the Dec- f TRIBUTE TO MAJOR JOSE RAMON ade for the 1980s. BACA HONORING KEN GOODWIN Much of Darrell Green’s collegiate stardom came from his accomplishments not on the HON. JOE BACA HON. SCOTT McINNIS football field, but on the track, where his phe- nomenal speed as a sprinter made him one of OF CALIFORNIA OF COLORADO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES the world’s fastest runners. His mark in the 100-meter dash still stands as the all-time best Thursday, March 6, 2003 Thursday, March 6, 2003 in the Lone Star Conference. Mr. Green was Mr. BACA. Mr. Speaker, I would like to pay Mr. MCINNIS. Mr. Speaker, I would like to named to the NCAA Division I All-America ros- tribute to Major Jose Ramon Baca, who is a take this opportunity to recognize Ken Good- ter in 1981 and 1982, was on the NCAA Divi- very special individual to me. He was truly ap- win for exemplary service on the occasion of sion II All-America team in five events in 1981 preciated and loved by all who were fortunate his retirement from Otero Junior College. Ken and 1982, was NAIA All-America in 1981 and enough to know him. served in the college’s technology department 1982 in four events, and was named the most Jose ‘‘Ray’’ Baca was born in Las Nutrias, for thirty-two years, taking over as Director of valuable track performer at the 1982 and 1983 New Mexico, to Alberto and Josefita Peralta

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.005 E07PT1 E392 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 Baca on March 19, 1940, and grew up in Al- practice is not available in parts of the country. Section 202. Board of Directors. Creates a buquerque’s South Broadway neighborhood. As a result, Title II would create a Federal board of directors for the Association. The Ray graduated Albuquerque High School in medical malpractice insurance association, board has authority to run the Association and to act like a governing body of a private 1958, and continued his education at the Uni- housed within the Department of Health and insurance carrier. This section sets out spe- versity of New Mexico. He graduated from the Human Services, to provide medical mal- cifics as to the number of appointments, eli- University in 1962 with a B.S. in chemical en- practice insurance where it is not available at gibility, and vacancies. gineering and was a member of the Tau Beta reasonable terms. Section 203. Administration. An adminis- Pi National Engineering Honor Society. After In addition, the bill responds to the com- trator is appointed to act as the Associa- graduating, Ray married Victoria Morales in plaint that medical malpractice insurance pre- tion’s chief executive officer, in charge of San Antonio, Texas on July 16, 1966. To- miums are being driven higher as a result of day-to-day operations and management of gether they raised their two sons, Rafael and frivolous complaints. Title III of the bill pro- the Association. The Association shall be Arthur. vides for a series of measures designed to in- fully operational no later than 180 days after the date of enactment of the Act. Once joining the Air Force, Ray’s ambition, sure that the lawsuit itself is not frivolous and Section 204. Rates. Gives the board author- brilliance, and passion poised him for success. that the pleadings filed in connection with the ity to establish rates to be charged by the During his 20-year career in the Air Force, he suit are accurate and meritorious. Title III also Association. The board will use an actuary worked as a launch officer for the Atlas Missile provides for alternative dispute resolution de- to recommend rates, and rates shall be set at Project in Roswell and in Turkey. He received signed to encourage resolution of medical amounts sufficient, when invested, to carry a Masters of Science degree in 1968 in nu- malpractice actions outside of court. The fol- all claims to maturity, meet reasonable ex- clear engineering from the Air Force Institute lowing is a more detailed description of the penses of conducting the business of the As- of Technology (AFIT) at Wright Patterson Air legislation. sociation and maintain reasonable surplus. The insurance program shall be neither more Force Base, Ohio. He also worked as a staff SECTION-BY-SECTION ANALYSIS MEDICAL MAL- nor less than self-supporting. The Associa- scientist at McClellan Air Force Base in Cali- PRACTICE INSURANCE AND LITIGATION RE- tion is authorized to purchase reinsurance. FORM ACT fornia and later at the Air Force Missile Com- Section 205. Investment Policy. Provides mand in Washington, D.C. TITLE I—MEDICAL MALPRACTICE INSURANCE that the board of directors shall formulate His yearning for knowledge led him to return REFORM and adopt an investment policy and super- to the University of New Mexico. In 1987 he This Title constitutes an effort to respond vise investment activities of the Associa- received a M.A. in History and Southwestern to some of the flaws apparent in the medical tion. Gives the Association the ability to re- Studies and was a doctoral candidate in his- malpractice insurance marketplace and the tain independent investment counsel and re- regulation of that market. Among other tory. His dream was to continue to research quires the board to periodically review and things, the title insures that the antitrust appraise the investment strategy. and write about his native state. laws apply to medical malpractice insurers, Section 206. Medical Malpractice Risk Ray passed away on June 6, 2002 sur- price comparisons can be easily obtained, Management Program. Requires the admin- rounded by his loving family. He was pre- and procedural checks are in place to insure istrator to develop a risk management pro- ceded in death by his father, Alberto Baca and that premium increases are warranted. gram for all policyholders and to solicit sister, Viola Baca, and is survived by his wife Section 101. Prohibition on Anticompeti- input from the National Association of In- of 35 years Victoria Baca; sons Rafael and Ar- tive Activities by Medical Malpractice Insur- surance Commissioners in developing the thur; mother Josefita Baca; and sisters Dolo- ers. Repeals McCarran-Ferguson to ensure program. Insurance may be refused or termi- that insurers don’t engage in price fixing. res Padilla, Priscilla and Anna Mae Baca. His nated if any insured disregards the plan and The Act, enacted in 1945, exempts from the the administrator may consider compliance family, innumerable friends and community will Federal antitrust laws all anticompetitive with the plan in determining premiums of miss him greatly. insurance industry practices except boy- the insured. He will be remembered as a loving and gen- cotts. Over the years, uneven oversight of Section 207. Seed Money to be Funded by erous husband, father, son, brother, and the insurance industry by the States, cou- Treasury Department Loan. Provides for the friend. He valued his family above all things, pled with no possibility of Federal antitrust funding of the Association by the Secretary and supported and encouraged them in all enforcement, has created an environment of Treasury through one or more 5 year term stages of their lives. He instilled in his children that fosters a wide range of anticompetitive loans in an amount not to exceed $100,000,000 practices. for start-up funding. a strong sense of family, love, and respect, Section 102. Medical Malpractice Insurance and he encouraged them to excel in their edu- Section 208. Disclosure of Data by Medical Price Comparison. Creates an Internet site Malpractice Insurers. This section requires cation. He was an exceptional, compassionate at which health care providers could obtain each insurance provider to file a copy of its and motivating individual. the price charged for the type of coverage annual statement with the Chairperson of And so Mr. Speaker, I submit this loving the provider seeks from any malpractice in- the Association. The insurer shall also pro- memorial to be included in the archives of the surer licensed in the doctor’s state. This sec- vide information regarding (1) closed claims; history of this great nation. tion specifies the availability of online forms (2) verdicts, payment, and severity of injury and that all information will remain con- f in connection with verdicts; (3) rate changes; fidential. (4) premiums and losses by medical spe- THE MEDICAL MALPRACTICE IN- Section 103. Procedural Requirements for ciality; (5) premiums and losses by experi- SURANCE AND LITIGATION RE- Medical Malpractice Insurers’ Proposed Rate ence of the insured; (6) performance of the Increases. Gives doctors standing in any FORM ACT OF 2003 investments of the insurer. state administrative proceeding to challenge Section 209. Annual Report by Chairperson. proposed rate increases and requires insur- Requires the Chairperson to file an annual HON. JOHN CONYERS, JR. ance companies to provide justification for report with the President and Congress that OF MICHIGAN any rate increase prior to implementing such includes: (1) a statement of the Association’s increase. Only a handful of states (Alabama, IN THE HOUSE OF REPRESENTATIVES accounts, funds, and securities; (2) copies of Arizona, Illinois, New York, Oklahoma, and reports required by the National Association Thursday, March 6, 2003 possibly a few others) require that rates be of Insurance Carriers; (3) any requests for ad- filed and approved by the state insurance de- ditional loans; (4) an assessment of the med- Mr. CONYERS. Mr. Speaker, I am pleased partment before they can be used. to introduce the Medical Malpractice Insurance ical malpractice insurance marketplace; (5) TITLE II—FEDERAL MEDICAL MALPRACTICE and Litigation Reform Act of 2003. This legis- an assessment as to why health care pro- INSURANCE ASSOCIATION viders have been unable to obtain insurance lation responds to the real problems in the There have been isolated reports that phy- at reasonable prices; and (6) a report summa- medical malpractice insurance market—name- sicians are unable to obtain medical mal- rizing the information disclosed pursuant to ly, higher prices driven by lack of competition practice insurance at any rate and this title Section 208 and attaching the disclosed infor- and investment losses by insurers leading to a is designed to deal with that problem by pro- mation. boom bust cycle. To respond to these prob- viding a federal backstop. The title also pro- Section 210. Financial Matters. Requires lems, Title I of the bill insures that the antitrust vides for disclosure of information by private the administrator to submit to the board an laws apply to medical malpractice insurers, insurers so that more information can be ob- estimated budget of the expenses of admin- price comparisons can be easily obtained, and tained on the reasons for any problems in istering the Association. If assets exceed li- the malpractice insurance marketplace. abilities, necessary reserves and reasonable procedural checks are in place to insure that Section 201. Establishment; Purpose. Es- surplus, the Association shall declare a cash premium increases are warranted and can be tablishes an Association within the Depart- dividend or allow a credit to any health care challenged by health care providers. ment of Health and Human Services to pro- provider that has complied with the risk Above and beyond these requirements, the vide medical malpractice insurance where it management program. bill responds to concerns that medical mal- is not available at reasonable terms. Section 211. Definitions.

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MR8.007 E07PT1 March 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E393 TITLE III—LIMITING FRIVOLOUS MEDICAL were outside a bowling alley in Mesquite when It is an honor to recognize such a meri- MALPRACTICE LAWSUITS his father collapsed as a result of a blood clot torious group. The complaint is frequently heard that that had formed on his skull. Despite the situa- f medical malpractice insurance premiums are tion, Cody remained calm. He called out for being driven higher as a result of frivolous help, but no one came to their aid. Thinking TRIBUTE TO DANIEL WILLIAM complaints. This title responds to that PIERCE charge with a series of measures designed to quickly, Cody ran into the bowling alley, bor- insure that the lawsuit itself is not frivolous rowed a phone and called 911. He then re- and the pleadings filed in connection with turned to his father’s side and remained there HON. SAM GRAVES the suit are accurate and meritorious. The until the paramedics arrived. OF MISSOURI title also provides for alternative dispute Mr. Speaker, I am honored to rise today and IN THE HOUSE OF REPRESENTATIVES resolution designed to encourage resolution recognize the heroic efforts of Cody Batty be- of medical malpractice actions outside of fore this body of Congress and this nation. Thursday, March 6, 2003 court. Cody has said that he would like to become Mr. GRAVES. Mr. Speaker, I Proudly pause Section 301. Health Care Specialist Affi- a police officer or paramedic someday with the to recognize Daniel William Pierce, a very davit. This section requires an affidavit by a bravery that this young man has shown, he is qualified specialist before any medical mal- special young man who has exemplified the practice lawsuit may be filed. ‘‘Qualified spe- well on his way. Cody’s quick actions saved finest qualities of citizenship and leadership by cialist’’ is defined as a health care profes- his father’s life, and his courage should be an taking an active part in the Boy Scouts of sional with knowledge of the relevant facts inspiration to us all. It is a great honor to rep- America, Troop 67, and in earning the most of the case, expertise in the specific area of resent such a fine young American in this prestigious award of Eagle Scout. practice at issue in the case, and board cer- Congress. Daniel has been very active with his troop. tified in a speciality relating to the area of f Over the five years, he has been involved in practice. scouting, he has held numerous leadership Section 302. Sanctions for Frivolous Ac- COMMENDING THE ACHIEVEMENTS positions, serving as patrol leader, assistant tions and Pleadings. Sets out sanctions for OF THE WIND SYMPHONY AND senior patrol leader, senior patrol leader, troop filing improper pleadings in medical mal- JAZZ KNIGHTS AT SACRED quartermaster, troop historian and troop guide. practice actions violations, such as those HEART SENIOR HIGH SCHOOL which are designed to harass, are frivolous, Daniel also has been honored for his numer- or are factually inaccurate. For first time ous scouting achievements with such awards violators, the court shall require the attor- HON. JERRY MORAN as the Tribe of Mic-0-Say Award. Additionally, ney to pay costs and attorneys fees and may OF KANSAS Daniel has earned 39 merit badges. also strike pleadings, dismiss the lawsuit, or IN THE HOUSE OF REPRESENTATIVES For his Eagle Scout project, Daniel orga- administer other appropriate sanctions. For Thursday, March 6, 2003 second time violators, the court shall also nized and designed a circle driveway through require the attorney to pay a monetary fine. Mr. MORAN of Kansas. Mr. Speaker, con- a park and also put wood posts around the For third time violators, the court shall also gratulations to the fifty-four students from Sa- drive and poured 3 concrete pads for picnic refer the attorney to the appropriate State cred Heart Senior High School in Salina, Kan- tables. bar association for disciplinary proceedings. sas for their upcoming participation in ‘‘The Mr. Speaker, I proudly ask you to join me in Section 303. Mandatory Mediation. This Red Road Travel/Study Tour.’’ This experi- commending Daniel William Pierce for his ac- section establishes an alternative dispute ence will include performances at a series of complishments with the Boy Scouts of Amer- resolution system for medical malpractice ica and for his efforts put forth in achieving the cases. Participation in mediation shall be in Native American reservation schools in South lieu of any other ADR method required by Dakota from March 16–19, 2003. I commend highest distinction of Eagle Scout. law or by contractual arrangements by the each of these students for their hard work and f parties. A similar approach is recommended success: James Andrewson, David Arpin, by the Committee for Economic Develop- Sarah Arpin, Matthew Bachofer, Shannon SUPPORT FOR THE VIOLENCE ment, which suggests that defendants make Bechard, Kyle Berens, Stephanie Bieker, Hil- AGAINST WOMEN and victims accept ‘‘early offers.’’ The effect lary Blue, Kelly Breckunitch, Matt Broberg, of the ‘‘early offer’’ program, according to Danielle Budreau, Jennifer Budreau, Jason HON. RUSH D. HOLT the CED, is that defendants will reduce the OF NEW JERSEY likelihood of incurring costs of litigation Bulliegh, Katey Clark, Jason Curran, Kyle and having to pay large and uncertain puni- Davis, Alan Deneault, Courtney Ducharme, IN THE HOUSE OF REPRESENTATIVES tive and noneconomic damages, and victims Lauren Ducharme, Christina Fekas, Shandra Thursday, March 6, 2003 would obtain fair compensation without Francis, Vanessa Greene, Carissa Helvey, delay, expense and trauma of litigation. Emily Henke, Jessica Herbic, Alex Hernandez, Mr. HOLT. Mr. Speaker, I rise today in sup- Section 304. Applicability. Specifies that Adria Jerkovich, Anne Kelly, Jessica Kelly, port of full funding of the Violence Against the title applies to any medical malpractice Andy Kinard, Matt Kienda, Jeff Koetting, Abby Women Act. This law has fostered countless liability action brought in state or federal Luetters, James McKee, Mary Kate McKee, initiatives that have brought millions of dollars court, except for claims arising from vac- J.J. Neubauer, Ashley O’Brien, Jessica Polich, to shelters, increased resources for law en- cine-related injuries. forcement, expanded the National Domestic Section 305. Definitions. Michael Ratcliff, Susan Riordan, Lindsey Sandquist, Raquel Santiago, Emily Schmidt, Violence Hotline, and bolstered the prosecu- f Alisha Schoel, Tine Schoel, Kristen St. John, tion of child abuse, sexual assault, and do- TRIBUTE TO CODY SCOTT BATTY Marisol Sternke, Janell Straub, Jennifer mestic violence cases. Suelter, Raul Vasquez, Sarah Vermillion, Tyler These programs and services are invalu- HON. SCOTT McINNIS Vishnefske, Megan Wells, Lauren Zey. able. U.S. Department of Justice statistics indi- cate that domestic violence has decreased by OF COLORADO ‘‘The Red Road Travel/Study Tour’’ is the 49% since VAWA went into effect. They also IN THE HOUSE OF REPRESENTATIVES latest event in a series which provides per- formance and educational opportunities for reaffirm that full funding for VAWA is well Thursday, March 6, 2003 students. Paramount to this tour is the oppor- worth the investment. It is estimated that the Mr. MCINNIS. Mr. Speaker, it is with great tunity for these young people to experience a $1.6 billion spent on VAWA programs during pride that I rise today to honor a young hero, unique and different culture, while expressing the first six years after its enactment saved six-year-old Cody Scott Batty of Montrose, good will through their musical talents. government coffers $14.8 billion in medical, Colorado. Cody displayed quick thinking and I would also like to recognize their director, legal, workplace and other social costs, not to uncommon courage when he saved his father, Milt Allen, for helping prepare these young mention saving many lives. Scott, from a life threatening situation. I would musicians. Mr. Allen’s commitment and dedi- Unfortunately, state budget crises and de- like to commend Cody’s actions and courage cation to nurture and encourage our youth creases in federal funding are threatening before this body of Congress and this nation. shines through the accomplishments of his these vital programs and services. President On December 22, 2003, Cody and his par- students. The First Congressional district is Bush’s budget request for FY 2004 would cut ents were on their way to California to see proud to be represented by Sacred Heart Sen- funding for VAWA programs and services by family. As anyone who has made this trip ior High School in this meaningful program. I $141.6 million in FY 2004 from the previously knows, it is a long and arduous drive, so the commend Mr. Allen for his excellent job pro- authorized level of $692.5 million. family decided to take a little break from the moting education and the arts among the Our nation must renew our commitment to trip in Mesquite, Nevada. Cody and his father youth of Kansas. ending all forms of domestic violence. I urge

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.010 E07PT1 E394 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 my colleagues to appropriate full funding to Mr. Speaker, the Court is an illegitimate came Special Staff to General Douglas Mac- fulfill the mission of the Violence Against body even by the United Nations’ own stand- Arthur. Women Act. ards. The Statute of the International Criminal During the Korean War, John served in both f Court was enacted by a Conference of Dip- North and South Korea. Following his assign- lomats convened by the United Nations Gen- ment in Korea, John served Stateside where TRIBUTE TO NANCY REDING eral Assembly, whereas according to the UN he was stationed as an instructor at the Adju- Charter, the authority to create such a body tant General’s School in Indiana. When that HON. SCOTT McINNIS lies only in the UN Security Council. assignment was up, John was sent once OF COLORADO The International Criminal Court was estab- again to Japan for 3 years. He returned to the IN THE HOUSE OF REPRESENTATIVES lished contrary to the American Declaration of United States where his assignment landed him at the Pentagon with promotion to Major. Thursday, March 6, 2003 Independence and the Constitution of the United States. It puts United States citizens in When his assignment was complete at the Mr. MCINNIS. Mr. Speaker, it is with great jeopardy of unlawful and unconstitutional Pentagon, John was sent back overseas honor that I rise today to recognize Nancy criminal prosecution. where he was stationed in Heidelberg, Ger- Reding of Colorado City, Colorado. Nancy is The International Criminal Court does not many. John again returned to the United one those great Americans who teaches our provide many of the Constitutional protections States and spent time in San Francisco where kids as a profession and it is my pleasure to guaranteed every American citizen, including he served at the Reserve Forces Head- represent her in this Congress. Recently, her the right to trial by jury, the right to face your quarters. John was promoted to the rank of colleagues at Pueblo Community College accuser, and the presumption of innocence, Lieutenant Colonel and returned to the Pen- named Nancy the faculty member of the year and the protection against double jeopardy. tagon where he served as Director of the and I could not miss this opportunity to ac- Members of the United States Armed Army and Air Force Postal Service. knowledge her dedication and commitment to Forces are particularly at risk for politically mo- John served his country admirably for 25 education before this body of Congress. tivated arrests, prosecutions, fines, and impris- years. John retired as a Lieutenant Colonel For the past 30 years, Nancy has given her onment for acts engaged in for the protection from the Army in 1966 and returned to his life to teaching math to students in her Colo- of the United States. These are the same roots once again in Patterson, California. rado community. We should all be humbled by brave men and women who place their lives Once back in Patterson, he was elected to this generous contribution to society and the on the line to protect and defend our Constitu- serve on the Patterson City Council where he sacrifice Nancy has made as an educator. tion. Do they not deserve the full protections also served as Vice Mayor. Just think of the countless number of lives of that same Constitution? John has served his community well. He is Nancy has touched. Nancy not only has lent Last year Congress passed the American one of the founding members of the Patterson her talents but her heart as well and, by so Servicemembers’ Protection Act within the De- Historical Society where he served as a volun- doing, she has given her students an awe- fense Authorization bill. Commendable as that teer curator for over 20 years. The Patterson some gift—the opportunity to succeed. effort was, the fact of the matter is that be- Apricot Festival honored John in 1997 by Mr. Speaker, I am proud to stand today and cause of the numerous loopholes and exemp- naming him Grand Marshal to preside over the express my gratitude for Nancy Reding before tions in that legislation, our servicemembers Festival that year. John organized the Patter- this Congress and our nation. It is a chance are still not protected from the probing arms of son Beautification Committee. for us to remind our fellow citizens that when the International Criminal Court. American citi- John has not only been honored by his you find a good teacher, thank him or her from zens have absolutely no protection under last community, but by his state as well. John was the bottom of your heart for doing one of the year’s legislation. This is simply unacceptable. introduced on the California State Assembly toughest jobs in the country. Teaching is truly That is why I am introducing this legislation floor where he was presented with an Assem- a noble calling and Nancy Reding has an- that makes the position of the United States bly Resolution recognizing his volunteer work swered that call. clear: we will protect our servicemembers and for the City of Patterson as well as Stanislaus f citizens from this illegal court. County. Mr. Speaker, I hope all members of this It is my pleasure to join the Patterson com- AMERICAN SERVICEMEMBER AND body will join me in opposing this illegitimate munity in recognizing John V. Azevedo for his CIVILIAN PROTECTION ACT OF 2003 and illegal court by cosponsoring the ‘‘Amer- commitment to his community. It is an honor ican Servicemember and Civilian Protection to call John my friend and represent him in the HON. RON PAUL Act of 2003.’’ 18th Congressional District. OF TEXAS f f IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO RETIRED LT. TRIBUTE TO MARY HELEN Thursday, March 6, 2003 COLONEL JOHN V. AZEVEDO YBARRA—IRA D. CALVERT DIS- Mr. PAUL. Mr. Speaker, I rise today to intro- TINGUISHED SERVICE AWARD duce the ‘‘American Servicemember and Civil- HON. DENNIS A. CARDOZA RECIPIENT ian Protection Act of 2003.’’ OF CALIFORNIA This bill prohibits funds made available by IN THE HOUSE OF REPRESENTATIVES HON. KEN CALVERT the United States Government from being Thursday, March 6, 2003 OF CALIFORNIA used for the establishment or operation of the IN THE HOUSE OF REPRESENTATIVES Court. Mr. CARDOZA. Mr. Speaker, I rise today to Perhaps the most significant part of the bill pay tribute to Retired Lt. Colonel John V. Thursday, March 6, 2003 makes clear that any action taken by or on be- Azevedo for his service to our Nation and to Mr. CALVERT. Mr. Speaker, I rise today to half of the Court against members of the his community. honor and pay tribute to an individual whose United States Armed Forces shall be consid- John was born in Patterson, California to dedication and contributions to the community ered an act of aggression against the United Joe and Maria Faustino Azevedo on Decem- of Corona are exceptional. Corona has been States; and that any action taken by or on be- ber 21, 1919. He attended school in Patter- fortunate to have dynamic and dedicated com- half of the Court against a United States cit- son, then attended college in Modesto and munity leaders who willingly and unselfishly izen or national shall be considered an offense Salinas. He then completed his education in give their time and talent and make their com- against the law of nations. Tokyo, Japan at Sophia University. munities a better place to live and work. Mary Mr. Speaker, on May 6, 2002, President John joined the Army in May 1941, where Ybarra is one of these individuals. On March George W. Bush took the commendable step he held the rank of Sergeant in the Infantry. In 22, 2003, Mary will be honored at the annual of repudiating the signature of the United 1942, he was promoted to Second Lieutenant YMCA Ira D ‘‘Cal’’ Calvert Distinguished Serv- States on the Statute of the International and served in England. John was in Nor- ice Awards Dinner. Criminal Court, stating that the United States mandy, France, crossing the beach 20 days Mary was born in Yuma, Arizona but has re- ‘‘can no longer be a party’’ to the International after the first landings. While in France, John sided in Corona for many years. She began Criminal Court. He also requested that those crossed Cherbourg, LeMans and Paris. He service to the community at a very young age states choosing membership in the Court re- also served in Belgium as well as Holland. and as a teenager Mary was constantly busy spect the decision of the United States in this Following World War II, John was assigned to organizing food drives for the needy in her matter. the Occupation Forces in Japan where he be- local community. This drive and special gift of

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.013 E07PT1 March 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E395 helping others would stay with her into adult- to be very important, and the highlight of his ber businesses in the area and was the cata- hood. When her children began elementary day. He pours his heart and soul into the lives lyst for Willie’s commitment to the betterment school she quickly became involved in her of his students, even creating a student am- of his community. Garrett’s Barbershop be- local PTA. This involvement paved the way for bassador program called ‘‘Shupe’s Troops,’’ came the central point within the community her never-ending community interest and de- which allows students the opportunity to im- where many local leaders discussed political, sire to serve. Many city events and organiza- prove their school. economic, social and other issues. tions have greatly benefited from her pres- Mr. Speaker, I am honored to rise today be- As a community and political activist, Willie ence. fore this body of Congress and this great na- was President of the NAACP, supported the Some of the organizations that Mary has tion to recognize the dedication of Chuck League of Mothers, helped establish WAG, worked with include: ARC Angels, El Pro- Shupe, a true public servant. His generous at- was a member of The Black Democratic Club, tector, Relay for Life, Day of the Young Child, titude and love of the job have inspired many was the Best Yet Promotions Political Cam- A Day for Nicole, Little League Baseball, and and have truly made a difference in his com- paign Advisor, and managed the Westside Corona High Football Boosters. Mary has also munity. We should all emulate the selfless ex- Drop-In Center in the City of San Bernardino. chaired or co-chaired the following city events: ample of Americans like Chuck. For his many contributions, Willie received the the Health and Safety Fair, the Community f ‘‘Man of the Year’’ award for San Bernardino, Red Ribbon Week Celebration, the Commu- received the 2001 NAACP Community Activist nity Blood Drive, and the fundraiser for Corona HONORING MUJERES UNIDAS Award and received the ‘‘Role Model of the Regional Medical Center, ‘‘An Evening to Re- Year’’ award by WAG. member’’. Mary has also served as a YMCA HON. RUBE´N HINOJOSA Willie did not let his retirement stop him from making sure the well being of his com- Board Member, a member of several school OF TEXAS munity continued to be a priority. Willie was a site councils and has been involved in various IN THE HOUSE OF REPRESENTATIVES member of the New Hope Baptist Church and school district committees. Thursday, March 6, 2003 Throughout her years of involvement Mary more recently the impetus behind seminars has been instrumental in organizing numerous Mr. HINOJOSA. Mr. Speaker, I rise today to and workshops on prostate cancer, diabetes, community events to help the needy and the bring to the attention of my colleagues a re- and other health issues relevant to women underprivileged. Mary’s crowing achievement markable organization in the 15th district of and men through support garnered from Kai- was using her connections and undeniable Texas that helps victims of domestic violence. ser, Community Hospital, The VA and Loma powers of persuasion to organize two critical In recognition of ‘‘Stop Domestic Violence Linda Hospitals. He also provided leadership blood and marrow drives. Community partici- Week’’, I would like to highlight the accom- to the camping program of the local 4–H youth pation in these events was overwhelming. plishments of the organization ‘‘Mujeres program for a number of years and helped Mary’s experience, positive attitude, humor, Unidas’’—Women Together. pave the way for Native Americans to help wisdom, and determination led to the perfect Mujeres Unidas is a non-profit agency that teach to the 4Her’s. Willie credited his success to the grace of bone marrow match for two wonderful and is tirelessly dedicated to helping women over- God and to the support of his loving wife, well deserving children of our community. come domestic violence. Through community Mary’s tireless passion for community serv- education, housing assistance, legal advo- Constance Garrett, of over 20 years. His 2 ice has contributed immensely to the better- cacy, and other outreach programs, Mujeres daughters, Bertha Hilburn and Patricia Scott, 2 ment of the community of Corona, California. Unidas is offering hope and an improved qual- sons, Shelley Garrett and Craig Garrett She has been the heart and soul of many ity of life to women in South Texas who have Cramer, 7 grandchildren, 3 great-grand- community organizations and events and I am suffered violence and abuse in their own children, 3 sisters, Erma Jean Stafford, Ruth proud to call her a fellow community member, homes. For many women, a program like Stewart and Freddie Bivins and 2 brothers, American and friend. I know that many com- Mujeres Unidas is the difference between a Earnest and Leonard Garrett, also survive munity members are grateful for her service dangerous living environment that can result in him. Willie Benson Garrett has left behind a won- and salute her as she receives the ‘‘Ira D. Cal- serious injury or death, and a future filled with derful legacy of community and political activ- vert Distinguished Service Award’’. personal growth and independence. ism. The many nieces, nephews, cousins, rel- f I would like to commend this extraordinary organization and thank them for their strong atives and friends who loved him dearly will TRIBUTE TO CHUCK SHUPE commitment to helping victims of domestic vio- miss him. Willie touched us all with his kind lence and for their Superior service to my dis- deeds and leadership in our community. Bar- HON. SCOTT McINNIS trict. bara and I extend our deepest condolences to Willie’s family. May God bestow his comfort OF COLORADO f upon them at this time. IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO WILLIE BENSON f Thursday, March 6, 2003 GARRETT INTRODUCTION OF THE HEALTH Mr. MCINNIS. Mr. Speaker, it is with great CARE IMPROVEMENT ACT OF 2003 pride that I rise today to honor Chuck Shupe HON. JOE BACA of Riverside, Colorado for his dedication to the OF CALIFORNIA youth of his community. Chuck has selflessly HON. JOHN CONYERS, JR. IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN given 28 years to the educational needs of IN THE HOUSE OF REPRESENTATIVES children in the area, and as he celebrates 28 Thursday, March 6, 2003 years of service, I would like to recognize his Mr. BACA. Speaker, it is with deep affection Thursday, March 6, 2003 accomplishments before this body of Con- that I pay tribute to the life of Willie Benson Mr. CONYERS. Mr. Speaker, I am pleased gress and this nation. Garrett, longtime San Bernardino community to introduce, along with Congressman BACH- Chuck began his career as a teacher and a and political leader and dear friend. Willie US, the Health Care Improvement Act of coach in a small rural Illinois school. Like so passed away in the comfort of his own home 2003. This is the successor legislation to the many other successful individuals, he decided at the age of 75 on February 28, 2003. Campbell/Conyers bill from 107th, which to further his education. After graduating from Willie was born in San Augustine, Texas. passed the House by an overwhelming 276– the University of Illinois with a Master’s degree He graduated from San Augustine Colored 136 vote. The legislation responds to two in Education and Administration, Chuck was High School and from H. M. Morgan Barber alarming anti-consumer trends—the ever in- offered a job as the principal of a large inner- College. He later moved to San Francisco creasing level of concentration among health city school. At the age of twenty-five, Chuck where he graduated from Marinella Beauty insurers and exclusionary contracting practices became the youngest principal in Illinois. Yet, College. He then enlisted and served in the by health insurance companies. The last five despite his age, he met the challenges and re- Merchant Marines for two years, after which years have seen a massive consolidation in sponsibilities he faced. he was honorably discharged. the health insurance and managed care mar- Needing a change, Chuck moved to Colo- In 1957, Willie moved to San Bernardino ket as more than a dozen health insurance rado where he worked both in Leadville and where he has resided for the past 46 years competitors have been eliminated through Basalt. Eventually, he became the principal of and where he began his lifelong commitment mergers and acquisitions. Riverside School. Chuck takes a hands-on ap- to public service. Garrett’s Barbershop earned The dangers posed by this ever increasing proach and finds interaction with the students recognition as one of the most successful bar- market concentration are exacerbated by the

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.016 E07PT1 E396 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 practice of health insurers engaging in heavy- TRIBUTE TO MR. MILTON LLOYD contains the graves of slaves, Abraham Lin- handed negotiating tactics and requiring exclu- MORRISON OF SALINA, KANSAS coln’s aunt and more than 30 Civil War vet- sionary contractual commitments from health erans, both Union and Confederate. care providers. Such restrictive contractual HON. JERRY MORAN Mr. Speaker, I proudly ask you to join me in terms are frequently proffered on a ‘‘take it or OF KANSAS commending Jacob Austin Gardner for his ac- leave it’’ basis to health care providers, under IN THE HOUSE OF REPRESENTATIVES complishments with the Boy Scouts of Amer- the threat of the loss of the provider’s patients ica and for his efforts put forth in achieving the or exclusion from their access to other pa- Thursday, March 6, 2003 highest distinction of Eagle Scout. tients. Mr. MORAN of Kansas. Mr. Speaker, I rise f Our legislation responds to the problem by today to pay tribute to a man who affected the EAST BRUNSWICK HIGH SCHOOL allowing physicians or other health care pro- lives of many people in Kansas and across fessional to collectively negotiate with a health the country. This month we mourn the death plan over contractual terms or plan policies. of Mr. Milton Lloyd Morrison of Salina, Kan- HON. RUSH D. HOLT Presently, joint negotiations with a health plan sas. Milton Morrison was a quiet giant. OF NEW JERSEY by physicians or other health care profes- A life-long Kansan, Milton was always true IN THE HOUSE OF REPRESENTATIVES sionals who are not financially integrated are to his roots. He lived a life guided by the mor- Thursday, March 6, 2003 illegal per se under the federal antitrust laws als and values we hold dear: abiding faith, if they involve fees or prices. Under this legis- faithful service and absolute integrity. Mr. HOLT. Mr. Speaker, on April 26, 2003, lation, such activities would be subject to re- Milton’s dedication to his community is re- more than 1200 students from across the view based on a more liberal ‘‘rule of reason’’ nowned. Throughout his life, Milton took a country will compete in the national finals of analysis, which could take quality of health lead role in making certain his community was the We the People: The Citizen and the Con- care into account. progressive in pursuits of quality of life issues. stitution program in Washington, D.C. This program is the most extensive educational I have taken a particular interest in this leg- His leadership and commitment to his church, program in the country, developed specifically islation because of the unfairness of the cur- college alma mater and professional trade as- to educate young students about the Constitu- rent market situation on African American doc- sociations were inspired by a favorite quote, tion and the Bill of Rights. The We the People tors. I am aware of a number of incidents in ‘‘Service is the rent we pay for the space we program, administered by the Center for Civic Detroit and around the country of minority phy- occupy in this world.’’ Education, is funded by the U.S. Department sicians being threatened that they will lose all Milton was by every account a successful of Education by act of Congress. of their business unless they enter into one- businessman. With a disciplined approach he I am proud to announce that the class from sided service contracts. This bill gives physi- directed Morrison Ventures, a leading grain East Brunswick High School will represent the cians the ability to respond to these abuses on storage and farmland investment operation. state of New Jersey in the program’s finals. a collective basis. His management style was always marked These students have worked conscientiously The legislation is strongly supported by a with trademark methodical thinking and a keen emphasis on patience and perseverance. to reach the national finals by participating at wide array of health care professional and local and statewide competitions. In the past trade organizations. Most important to Milton was his family. Over the course of 65 years he and his wife fifteen years, these young scholars have won the state competition fourteen times, an ac- f Becky raised two sons, Roger and Richard, and devoted endless love and attention to six complishment that should not go unnoticed. HONORING THE TELLURIDE grandchildren and 12 great-grandchildren. Through their experience, they have gained a ADAPTIVE SKI PROGRAM Milton Morrison made his community, state deep knowledge and understanding of funda- and nation a better place. I join his many mental principles and values of our constitu- HON. SCOTT McINNIS friends and admirers in extending my deepest tional democracy. It is a great honor that stu- sympathies to Becky and her family during dents from the 12th District in New Jersey OF COLORADO their time of loss. have shown such dedication and interest in IN THE HOUSE OF REPRESENTATIVES our nation’s government. f Thursday, March 6, 2003 The three-day We the People national com- TRIBUTE TO JACOB AUSTIN petition is modeled after hearings in the United Mr. MCINNIS. Mr. Speaker, I would like to GARDNER States Congress. The hearings consist of oral take this opportunity to recognize the Telluride presentations by high school students before a Adaptive Ski Program for its creativity in ex- HON. SAM GRAVES panel of adult judges on constitutional topics. panding participation in winter sports. TASP OF MISSOURI The students are given an opportunity to dem- organizes programs that give disabled people IN THE HOUSE OF REPRESENTATIVES onstrate their knowledge while they evaluate, from all over the country the opportunity to ex- take, and defend positions on relevant histor- perience skiing and snowboarding in Colo- Thursday, March 6, 2003 ical and contemporary issues. Their testimony rado’s beautiful mountains. Mr. GRAVES. Mr. Speaker, I proudly pause is followed by a period of challenging ques- TASP helps to make skiing accessible to di- to recognize Jacob Austin Gardner, a very tions by the judges who probe the students’ verse groups of people by using adaptive special young man who has exemplified the depth of understanding and ability to apply teaching techniques and equipment to accom- finest qualities of citizenship and leadership by their constitutional knowledge. modate new skiers with disabilities, both phys- taking an active part in the Boy Scouts of The We the People program provides cur- ical and mental. TASP also builds bridges be- America, Troop 67, and in earning the most ricular materials at upper elementary, middle tween disabled and non-disabled participants prestigious award of Eagle Scout. and high school levels. The curriculum not with innovative partnering programs. TASP’s Jake has been very active with his troop, only enhances students’ appreciation of the in- programs build independence, confidence, and participating in such Scout activities as Camp stitutions of American constitutional democ- self-esteem by introducing disabled citizens to Geiger. Over the 8 years he has been in- racy, it also helps them identify the contem- the freedom and fun that skiing can provide. volved in Scouting, he has held numerous porary relevance of the Constitution and Bill of More Coloradoans and Americans each year leadership positions, serving as Assistant Sen- Rights. Critical thinking exercises, problem- benefit from TASP’s lessons, camps, and vol- ior Patrol Leader, Patrol Leader, Senior Patrol solving activities, and cooperative learning unteer programs. Leader, Quartermaster, and Junior Scout Mas- techniques help develop participatory skills Mr. Speaker, it is a great privilege to recog- ter. Jake also has been honored for his nu- necessary to become active, responsible citi- nize the Telluride Adaptive Ski Program for its merous Scouting achievements with such zens. outreach to the disabled community. On the awards as Warrior in the Tribe of Mic-O-Say, The class from East Brunswick High School slopes and off, TASP participants feel capa- Brave in the Tribe of Mic-O-Say and Fire is currently preparing for their participation in ble, empowered, independent, and healthy. Builder in the Tribe of Mic-O-Say. Additionally, the national competition in Washington, D.C. It Everyone deserves the opportunity to experi- Jake has earned 32 merit badges. is inspiring to see these young people advo- ence Colorado’s natural beauty, and I am For his Eagle Scout project, Jake cleaned cate the fundamental ideals and principles of proud to salute a program that expands ac- up and built a new fence around Mitchell our government, ideas that identify us as a cess to the best recreational opportunities Col- Cemetery, which is one of the oldest ceme- people and bind us together as a nation. It is orado has to offer. teries. The cemetery dates back to 1840 and important for future generations to understand

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.019 E07PT1 March 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E397 the values and principles fundamental to our The United States continues to pay the national political authorities state that endeavor to preserve and realize the promise lion’s share of the U.N. budget, yet it is rou- ‘[t]he use of the word ‘Charter’ [in reference of our constitutional democracy. I wish these tinely kicked off committees like the Human to the founding document of the United Na- tions] . . . emphasizes the constitutional na- young ‘‘constitutional experts’’ the best of luck Rights Committee by some of the most egre- ture of this instrument.’ Thus, the preamble at the We the People national finals and con- gious of human rights abusing countries. This to the Charter of the United Nations declares tinued success in their endeavors. is absurd and we shouldn’t have to pay for it. ‘that the Peoples of the United Nations have f As the United States faces another resolved to combine their efforts to accom- undeclared war for the United Nations—as is plish certain aims by certain means.’ The HONORING THE NEIGHBOR-TO- specified in the authorization for the use of Charter of the United Nations: A Com- NEIGHBOR FUND force against Iraq (Public Law 107–243)—it is mentary 46 (B. Simma, ed.) (Oxford Univ. past time that we return to the principles of Press, NY: 1995) (Hereinafter U.N. Charter HON. SCOTT McINNIS our founding fathers. Commentary). Consistent with this view, leading international legal authorities de- OF COLORADO This legislation would represent a com- clare that the law of the Charter of the IN THE HOUSE OF REPRESENTATIVES prehensive and complete U.S. withdrawal from United Nations which governs the authority Thursday, March 6, 2003 the United Nations. It repeals the United Na- of the United Nations General Assembly and tions Participation Act of 1945 and other re- the United Nations Security Council is ‘simi- Mr. McINNIS. Mr. Speaker, I would like to lated laws. It directs the President to terminate lar . . . to national constitutional law,’ pro- take this opportunity to recognize an organiza- U.S. participation in the United Nations, includ- claiming that ‘because of its status as a con- tion dedicated to providing quality healthcare ing any organ, specialized agency, commis- stitution for the world community,’ the to the citizens of San Miguel County. The sion, or other affiliated body. It requires clo- Charter of the United Nations must be con- strued broadly, making way for ‘implied Uncompahgre Medical Center in Norwood, sure of the U.S. Mission to the U.N. Colorado has developed the Neighbor-to- powers’ to carry out the United Nations’ The legislation also prohibits the authoriza- ‘comprehensive scope of duties, especially Neighbor fund, an innovative approach to tion of funds for the U.S. assessed or vol- funding the unexpected medical needs of the the maintenance of international peace and untary contribution to the U.N.; the authoriza- security and its orientation towards inter- surrounding communities. tion of funds for any U.S. contribution to any national public welfare.’ Id. at 27. While the Medical Center’s sliding fee and U.N. military operation; and the expenditure of The United Nations Treaty Collection con- indigent care programs already assist the funds to support the participation of U.S. firms the appropriateness of this ‘constitu- forty-percent of patients who are not insured, armed forces as part of any U.N. military or tional interpretive’ approach to the Charter of the United Nations with its statement the fund, consisting entirely of individual con- peacekeeping operation. Finally, this legisla- tributions, covers one-time, small-scale med- that the charter may be traced ‘back to the tion bars U.S. armed forces from serving Magna Carta (the Great Charter) of 1215,’ a ical and emergency needs otherwise out of under U.N. command. reach for patients. Operating with no adminis- national constitutional document. As a con- The U.S. Congress, by passing H.R. 1146, stitutional document, the Magna Carta not trative costs, one hundred percent of contribu- and the U.S. president, by signing H.R. 1146, only bound the original signatories,, the tions to the Neighbor-to-Neighbor Fund go to will heed the wise counsel of our first presi- English barons and the king, but all subse- help San Miguel County residents in medical dent, George Washington, when he advised quent English rulers, including Parliament, need. Only doctors and physician’s assistants his countrymen to ‘‘steer clear of permanent conferring upon all Englishmen certain write checks on the fund, ensuring that the alliances with any portion of the foreign rights that five hundred years later were claimed and exercised by the English people money serves as an instant tool for filling gaps world,’’ lest the nation’s security and liberties in medical care. The fund, while usually hold- who had colonized America. be compromised by endless and overriding A charter, then, is a covenant of the people ing less than $1000, can cover numerous es- international commitments. I urge my col- and the civil rulers of a nation in perpetuity. sentials, from a simple brace to fixing a seri- leagues to support this measure and I hope Sources of Our Liberties 1–10 (R. Perry, ed.) ous dental problem. for its quick consideration. (American Bar Foundation: 1978) As Article I Mr. Speaker, it is a great privilege to recog- In considering the recent United Nations of Magna Carta, puts it: nize the Uncompahgre Medical Center for its meetings and the United States’ relation to We have granted moreover to all free men creativity in addressing difficult health care of our kingdom for us and our heirs forever that organization and its affront to U.S. sov- all liberties written below, to be had and problems before this body of Congress and ereignty, we would all do well to again read this nation. The Neighbor-to-Neighbor Fund is holden by themselves and their heirs from us carefully Professor Herbert W. Titus’ paper on and our heirs. making a big difference in community health the United Nations from which I have provided In like manner, the Charter of the United care with a small amount of money. this excerpt: Nations is considered to be a permanent f It is commonly assumed that the Charter ‘constitution for the universal society,’ and of the United Nations is a treaty. It is not. consequently, to be construed in accordance AMERICAN SOVEREIGNTY Instead, the Charter of the United Nations is with its broad and unchanging ends but in RESTORATION ACT OF 2003 a constitution. As such, it is illegitimate, such a way as to meet changing times and having created a supranational government, changing relations among the nations and HON. RON PAUL deriving its powers not from the consent of peoples of the world. U.N. Charter Com- the governed (the people of the United States mentary at 28–44. OF TEXAS of America and peoples of other member na- According to the American political and IN THE HOUSE OF REPRESENTATIVES tions) but from the consent of the peoples’ legal tradition and the universal principles Thursday, March 6, 2003 government officials who have no authority of constitution making, a perpetual civil covenant or constitution, obligatory on the Mr. PAUL. Mr. Speaker, I rise today to re- to bind either the American people nor any other nation’s people to any terms of the people and their rulers throughout the gen- introduce the American Sovereignty Restora- Charter of the United Nations. erations, must, first, be proposed in the tion Act. I submitted this bill, which would end By definition, a treaty is a contract be- name of the people and, thereafter, ratified United States membership in the United Na- tween or among independent and sovereign by the people’s representatives elected and tions, in the 107th Congress and the 106th nations, obligatory on the signatories only assembled for the sole purpose of passing on Congress and since then conditions have when by competent governing authorities in the terms of a proposed covenant. See 4 The made its relevance and importance more evi- accordance with the powers constitutionally Founders’ Constitution 647–58 (P. Kurland dent now than ever. The United Nations as- conferred upon them. I Kent, Commentaries and R. Lerner, eds.) (Univ. Chicago. Press: on American Law 163 (1826); Burdick, The 1985). Thus, the preamble of the Constitution sault on the sovereignty of the United States Law of the American Constitution section 34 of the United States of America begins with proceeds apace; it shows no signs of slowing. (1922) Even the United Nations Treaty Col- ’We the People of the United States’ and Ar- Mr. Speaker, since I last introduced this meas- lection states that a treaty is (1) a binding ticle VII provides for ratification by state ure, the United Nations has convened its Inter- instrument creating legal rights and duties conventions composed of representatives of national Criminal Court, which claims jurisdic- (2) concluded by states or international orga- the people elected solely for that purpose. tion even over citizens of countries that have nizations with treaty-making powers (3) gov- Sources of Our Liberties 408, 416, 418–21 (R. not elected to join the court. This means that erned by international law. Perry, ed.) (ABA Foundation, Chicago: 1978). By contrast, a charter is a constitution Taking advantage of the universal appeal Americans—both civilians and members of our creating a civil government for a unified na- of the American constitutional tradition, the armed services—are subject to a court that tion or nations and establishing the author- preamble of the Charter of the United Na- even its supporters admit does not offer all the ity of that government. Although the United tions opens with ‘We the peoples of the protections guaranteed by the Constitution of Nations Treaty Collection defines a ‘charter’ United Nations.’ But, unlike the Constitu- the United States. as a ‘constituent treaty,’ leading inter- tion of the United States of America, the

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MR8.022 E07PT1 E398 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 Charter of the United Nations does not call islature of a state or a convention of a state United States of America is a legitimate for ratification by conventions of the elected refused to ratify. Such an amendment proc- constitution, having been submitted directly representatives of the people of the signa- ess is totally foreign to a treaty. See Id., at to the people for ratification by their rep- tory nations. Rather, Article 110 of the Char- 575–84. resentatives elected and assembled solely for ter of the United Nations provides for ratifi- Third, the authority to enter into an the purpose of passing on the terms of that cation ‘by the signatory states in accordance agreement made in the name of the people document. The Charter of the United Na- with their respective constitutional proc- cannot be politically or legally limited by tions, on the other hand, is an illegitimate esses.’ Such a ratification process would any preexisting constitution, treaty, alli- constitution, having only been submitted to have been politically and legally appropriate ance, or instructions. An agreement made in the Untied States Senate for ratification as if the charter were a mere treaty. But the the name of a nation, however, may not con- a treaty. Thus, the Charter of the United Na- Charter of the United Nations is not a trea- tradict the authority granted to the gov- tions, not being a treaty, cannot be made the ty; it is a constitution. erning powers and, thus, is so limited. For supreme law of our land by compliance with First of all, Charter of the United Nations, example, the people ratified the Constitution Article II, Section 2 of Constitution of the executed as an agreement in the name of the of the United States of America notwith- United States of America. Therefore, the people, legally and politically displaced pre- standing the fact that the constitutional Charter of the United Nations is neither po- viously binding agreements upon the signa- proposal had been made in disregard to spe- litically nor legally binding upon the United tory nations. Article 103 provides that ‘[i]n cific instructions to amend the Articles of States of America or upon its people. the event of a conflict between the obliga- Confederation, not to displace them. See tions of the Members of the United Nations Sources of Our Liberties 399–403 (R. Perry f under the present Charter and their obliga- ed.) (American Bar Foundation: 1972). As INTRODUCTION OF H.R. 906 tions under any other international agree- George Mason observed at the Constitutional ment, their obligations under the present Convention in 1787, ‘Legislatures have no Charter shall prevail.’ Because the 1787 Con- power to ratify’ a plan changing the form of HON. JACK QUINN stitution of the United States of America government, only ‘the people’ have such OF NEW YORK would displace the previously adopted Arti- power. 4 The Founders’ Constitution, supra, IN THE HOUSE OF REPRESENTATIVES cles of Confederation under which the United at 651. States was being governed, the drafters rec- As a direct consequence of this original Thursday, March 6, 2003 ognized that only if the elected representa- power of the people to constitute a new gov- Mr. QUINN. Mr. Speaker, on behalf of the tives of the people at a constitutional con- ernment, the Congress under the new con- gentleman from West Virginia, Mr. RAHALL, I vention ratified the proposed constitution, stitution was authorized to admit new states would like to describe legislation we recently could it be lawfully adopted as a constitu- to join the original 13 states without submit- tion. Otherwise, the Constitution of the ting the admission of each state to the 13 introduced, H.R. 906, the ‘‘Surface Transpor- United States of America would be, legally original states. In like manner, the Charter tation Safety Act of 2003.’’ and politically, a treaty which could be al- of the United Nations, forged in the name of Each year more than 42,000 people are tered by any state’s legislature as it saw fit. the ‘peoples’ of those nations, established a killed and over three million people are injured The Founders’ Constitution, supra, at 648–52. new international government with inde- on our nation’s highways. Not only is the loss Second, an agreement made in the name of pendent powers to admit to membership of human life tragic, but the $230 billion an- the people creates a perpetual union, subject whichever nations the United Nations gov- nual cost to our economy is staggering. Our to dissolution only upon proof of breach of erning authorities chose without submitting covenant by the governing authorities bill expedites the use of proven solutions to such admissions to each individual member reduce the likelihood of crashes, injuries, and whereupon the people are entitled to recon- nation for ratification. See Charter of the stitute a new government on such terms and United Nations, Article 4, Section 2. No trea- fatalities on our roads and bridges. for such duration as the people see fit. By ty could legitimately confer upon the United H.R. 906 accomplishes these goals without contrast, an agreement made in the name of Nations General Assembly such powers and requiring additional federal funding. It is de- nations creates only a contractual obliga- remain within the legal and political defini- signed to utilize funds already set aside for the tion, subject to change when any signatory tion of a treaty. Section 130 Rail-Highway Grade Crossing nation decides that the obligation is no By invoking the name of the ‘peoples of Program and the Section 152 Hazard Elimi- longer advantageous or suitable. Thus, a the United Nations,’ then, the Charter of the nation Program. Since their inception, these treaty may be altered by valid statute en- United Nations envisioned a new constitu- acted by a signatory nation, but a constitu- tion creating a new civil order capable of not programs have allocated money to the States tion may be altered only by a special amend- only imposing obligations upon the sub- to reduce accidents. This legislation is de- atory process provided for in that document. scribing nations, but also imposing obliga- signed to reallocate precious tax dollars within Id. at 652. tions directly upon the peoples of those na- the current programs to make them more ef- Article V of the Constitution of the United tions. In his special contribution to the fective. The bill clarifies and expands project States of America spells out that amend- United Nations Human Development Report eligibility and provides funding for improved ment process, providing two methods for 2000, United Nations Secretary-General adopting constitutional changes, neither of State data collection, analysis and reporting. Annan made this claim crystal clear: In 1996, the U.S. Secretary of Transpor- which requires unanimous consent of the Even though we are an organization of states of the Union. Had the Constitution of Member States, the rights and ideals the tation issued a report to Congress stating that the United States of America been a treaty, United Nations exists to protect are those of the Section 130 Rail-Highway Grade Crossing such unanimous consent would have been re- the peoples. No government has the right to Program prevented over 8,500 fatalities and quired. Similarly, the Charter of the United hide behind national sovereignty in order to close to 39,000 injuries since 1974. This re- Nations may be amended without the unani- violate the human rights or fundamental port also stated that as a result of the Section mous consent of its member states. Accord- freedoms of its peoples. Human Development 130 program, fatal accident rates have been ing to Article 108 of the Charter of the Report 2000 31 (July 2000) [Emphasis added.] reduced by 87 percent. Our legislation makes United Nations, amendments may be pro- While no previous United Nations’ sec- posed by a vote of two-thirds of the United retary general has been so bold, Annan’s two major changes to existing law that will en- Nations General Assembly and may become proclamation of universal jurisdiction over hance the effectiveness of this program. It effective upon ratification by a vote of two– ‘human rights and fundamental freedoms’ changes the funding for protective devices at thirds of the members of the United Nations, simply reflects the preamble of the Charter rail-highway grade crossings to a fixed $150 including all the permanent members of the of the United Nations which contemplated a million per year and it provides for the mainte- United Nations Security Council. According future in which the United Nations operates nance of protective devices at grade cross- to Article 109 of the Charter of the United in perpetuity ‘to save succeeding generations ings. Nations, a special conference of members of from the scourge of war . . . to reaffirm faith H.R. 906 also makes several improvements the United Nations may be called ‘for the in fundamental human rights . . . to estab- purpose of reviewing the present Charter’ lish conditions under which justice . . . can to the Section 152 Hazard Elimination Pro- and any changes proposed by the conference be maintained, and to promote social gram. First, it clarifies that these programmatic may ‘take effect when ratified by two–thirds progress and between standards of life in funds are to be used to produce real safety of the Members of the United Nations includ- larger freedom.’ Such lofty goals and objec- benefits by requiring that projects reduce the ing all the permanent members of the Secu- tives are comparable to those found in the likelihood of crashes resulting from road de- rity Council.’ Once an amendment to the preamble to the Constitution of the United partures, intersections, pedestrians, bicycles, Charter of the United Nations is adopted States of America: ‘to . . . establish Justice, older drivers, and construction work zones. In then that amendment ‘shall come into force insure domestic tranquility, provide for the addition, our legislation makes fluorescent yel- for all Members of the United Nations,’ even common defense, promote the general wel- those nations who did not ratify the amend- fare and secure the Blessings of liberty to low-green signs in school zones, pedestrian ment, just as an amendment to the Constitu- ourselves and our posterity . . .’ walkways and bicycle paths eligible for funding tion of the United States of America is effec- There is, however, one difference that must as a safety improvement. Also added to the tive in all of the states, even though the leg- not be overlooked. The Constitution of the eligible funding list are police assistance for

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.025 E07PT1 March 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E399 traffic and speed management in construction Sonja, a promising writer as a teenager, age progress and create opportunity in the de- work zones and the installation of barriers be- gave up opportunities in creative writing to veloping world. tween construction work zones and traffic stay close to home and eventually raise a My own background as an educator and di- lanes for the safety of motorists and workers. family. She found her voice again at the age rector at Outward Bound for twenty years Mr. Speaker, roadway construction, mainte- of thirty-one when she began writing poetry on taught me about the importance of national nance and repair are readily apparent on our a bet with her nine-year-old son. After years of and community service. But I also have strong highways and in our neighborhoods. Construc- apprehension and reservations about her writ- connections to the Peace Corps through my tion work zone crashes killed 1,079 people in ing, Sonja has decided to become a poet. great state of Colorado and through my family. 2001. This is a 20 percent increase since Mr. Speaker, it is a great privilege to recog- Colorado has one of the highest levels of re- 1995, not to mention the thousands of injuries nize Sonja Maria Montano before this body of cruitment of Peace Corps volunteers nation- that occur each year. These deaths and inju- Congress and this nation for her courage and wide, and returned Peace Corps Volunteers in ries will continue to escalate if we do not ad- creativity in pursuing her dreams. I wish her the 2nd Congressional District alone number dress this problem now. In this regard, H.R. every success in her new career. over 500. Of course, the most important Peace Corps connection for me is my mother, 906 directs the Secretary of Transportation to f issue a rule requiring workers whose duties who served as a volunteer in Nepal decades place them on or in close proximity to a Fed- DARIEN’S 2003 CITIZEN OF THE ago. eral-aid highway to wear high visibility gar- YEAR Because of these connections I have a spe- cial interest in advancing the ability of the ments. Peace Corps to play an important role in these To judge the effectiveness of these two HON. JUDY BIGGERT new times. I believe we must work to continue safety programs, our bill requires a new bien- OF ILLINOIS to promote world peace and friendship through nial report to Congress without creating an un- IN THE HOUSE OF REPRESENTATIVES the people-to-people approach of the Peace funded mandate. States can use these funds Thursday, March 6, 2003 Corps. That’s why I worked with my colleague to fulfill all data compilation, analysis, and re- Rep. SAM FARR in the last Congress to intro- porting requirements. Finally, this bill main- Mrs. BIGGERT. Mr. Speaker, I rise today in duce legislation known as the Peace Corps tains the flexibility States currently have to honor of Father Gavin Quinn, the 2003 Citizen Charter for the 21st Century Act. We have re- transfer funds from the two safety set-aside of the Year for Darien, Illinois. introduced the bill again in this Congress as programs to the Interstate Maintenance, Con- The City of Darien lies within Illinois’ 13th H.R. 250. gestion Mitigation and Air Quality, National Congressional District. Because of residents like Father Quinn, Darien easily lives up to its The ‘‘Peace Corps Charter’’ strengthens the Highway System, Bridge Replacement and Peace Corps in a number of ways. It restates Rehabilitation and Recreational Trails pro- motto—‘‘a nice place to live.’’ If you happen to find yourself in Darien, and further promotes its goals—to provide grams. technical assistance to those in need around there is a good chance that you will hear Fa- I urge my colleagues to cosponsor and sup- the world, to promote better understanding of ther Quinn’s name mentioned, not only by port this important safety legislation. Americans on the part of the peoples served, members of his church community, but also f and to bring the world home to America. It au- among the many other residents of Darien. He thorizes funding to allow for a Peace Corps PERSONAL EXPLANATION seeks out anyone who can use a helping hand expansion to 15,000 volunteers in five years. or a friend. He is especially valued for his It reaffirms the independence of the Peace work with teenagers, single parents and the HON. ELTON GALLEGLY Corps. It authorizes a number of reports, such sick and dying. Regularly visiting hospitals, he OF CALIFORNIA as one on host country security. It spells out works to lift the human spirit or offer a willing IN THE HOUSE OF REPRESENTATIVES a commitment to recruit and place Peace ear. Thursday, March 6, 2003 Corps volunteers in countries where they Father Gavin is best described by one of his could help promote mutual understanding, par- Mr. GALLEGLY. Mr. Speaker, on February fellow citizens, who said: ‘‘He is an extraor- ticularly in areas with substantial Muslim popu- 27, 2003, I was unable to vote on the Green- dinary man who knows how to identify people lations. It establishes training programs for wood Substitute to H.R. 534, the Human in need and find a way of ministering to them. Peace Corps volunteers in the areas of edu- Cloning Act of 2003 (rollcall 37). Had I been Father Gavin is a very compassionate man cation, prevention, and treatment of infectious present I would have voted ‘‘no.’’ Similarly, I who reaches out to people of all faiths and in diseases, such as HIV/AIDS. It streamlines was not present to vote on the motion to re- all walks of life. In short, I can think of no one and empowers the Peace Corps Advisory commit H.R. 534 (rollcall 38) but I would have who has made Darien a better place to live Council, with an added focus of making use of voted ‘‘no.’’ On final passage of H.R. 534, I than Father Gavin Quinn.’’ the expertise of Returned Peace Corps Volun- was not present, but would have voted ‘‘yea’’ I could not agree more. Father Quinn is the teers. Finally, the bill creates a grant program (rollcall vote 39). kind of person who transforms a city into a to enable Returned Peace Corps Volunteers f community. Congratulations to Father Gavin to use their experience and expertise to con- Quinn, Darien’s 2003 Citizen of the Year. HONORING SONJA MARIA tinue to carry out the goals of the Peace f MONTANO Corps through specific projects. RECOGNIZING NATIONAL PEACE The Peace Corps is one of the most ad- CORPS DAY mired and successful initiatives ever put in HON. SCOTT McINNIS place. I’m proud that the following young peo- OF COLORADO ple from the 2nd Congressional District are IN THE HOUSE OF REPRESENTATIVES HON. MARK UDALL presently serving in countries all over the Thursday, March 6, 2003 OF COLORADO world: Vanessa Adams, Ben Armitage, Shaun IN THE HOUSE OF REPRESENTATIVES Cosgrove, Amy Ellerman, Thomas Fleming, Mr. MCINNIS. Mr. Speaker, I would like to Thursday, March 6, 2003 Megan Haldy, Rebecca Knerl, Lydia Labelle, take this opportunity to recognize the achieve- Lynell Lacey, Benjamin Liu, Erica Manteuffel, ments of Sonja Maria Montano, a resident of Mr. UDALL of Colorado. Mr. Speaker, last Kelly Oberg, Stephanie Ogden, Kelly La Junta, Colorado, before this body of Con- Friday, February 28th, we celebrated National O’Rourke, Johanna Patrick, Matthew Rice, gress and this nation. Peace Corps Day, honoring the 168,000 Kathleen Shannon, Mary Simonson, and Rob- Over the past year, Sonja has received wide Americans who have served as volunteers ert Sweetman. acclaim and numerous awards from Po- since the creation of the Peace Corps in 1961. A pebble tossed into a still pond creates rip- etry.com, which first published her work, as These amazing men and women have served ples that begin small and grow larger. Peace well as the International Society of Poetry and our nation in 136 countries. Peace Corps vol- Corps volunteers have had this same effect on Symposiums. Sonja was one of only thirty unteers have made enormous contributions in the people they have touched. The Peace poets in the world invited to present her work the areas of agriculture, business develop- Corps experience exemplifies how individuals to the ISPS spring convention in 2002. Now, ment, education, health, and the environment, can make a tremendous difference in the lives Sonja’s work has earned one of thirty-five and in so doing have improved the lives of in- and perceptions of people in developing coun- nominations for the society’s grand prize, pre- dividuals and communities around the world. tries as well as people right here at home. sented by Pulitzer Prize winning poet W.D. The Peace Corps has become an enduring National Peace Corps Day honors the vol- Snodgrass. symbol of out nation’s commitment to encour- unteers, past and present, and reaffirms our

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.028 E07PT1 E400 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 country’s commitment to helping people help The bill I am introducing today provides the The term ‘‘notch’’ refers to the difference in themselves throughout the world. Today I needed clarification that deemed royalties Social Security benefits paid to individuals honor all of the men and women who have under section 367(d) are treated for foreign born before 1917 versus those born between selflessly and generously served our country tax credit limitation purposes in the same 1917 and 1921. This discrepancy arose be- in the Peace Corps. manner as an actual royalty, ensuring that the cause of a law enacted in 1972 providing f penalty that was intended to be eliminated automatic cost-of-living adjustments for Social with the 1997 Act is in fact eliminated. Without Security recipients. However, the formula used TO CLARIFY THE TREATMENT FOR this clarification, a taxpayer that transfers in- to compute these annual increases was sig- FOREIGN TAX CREDIT LIMITA- tangible property in reliance on the 1997 Act nificantly flawed, causing benefits to rise faster TION PURPOSES OF CERTAIN will find that its transfer is in fact effectively than the rate of inflation. TRANSFER OF INTANGIBLE subject to the penalty that the taxpayer be- In 1977, Congress corrected this defective PROPERTY lieved had been eliminated. Without the clari- formula (thereby reducing benefit levels) in fication, those taxpayers that have structured order to prevent Social Security payments HON. E. CLAY SHAW, JR. their transactions in reliance on the 1997 Act from skyrocketing. Had such revision not been OF FLORIDA provision will be worse off than they would made, many future beneficiaries would have IN THE HOUSE OF REPRESENTATIVES have been if the purported repeal of the pen- received Social Security checks that were Thursday, March 6, 2003 alty source rule had never occurred and they larger than their pre-retirement earnings. Mr. SHAW. Mr. Speaker, along with my col- had continued to structure their transactions to Moreover, the entire system would have be- league, MARK FOLEY, I am introducing a bill avoid that penalty. This bill will achieve the in- come insolvent within 3 or 4 years. that would eliminate a trap for the unwary that tended goals of the 1997 Act and prevent a The National Academy of Social Insurance, was inadvertently created with the Taxpayer terrible trap for the unwary that has been inad- the General Accounting Office, the Social Se- Act of 1997. The bill would clarify the treat- vertently created. curity Administration, and the Congressionally- ment for foreign tax credit limitation purposes f appointed Social Security Notch Commission of the income inclusions that arise upon a have since concluded that the 1977 benefit HONORING MARY HAINING transfer of intangible property to a foreign cor- changes were urgently needed and that Social poration. Security beneficiaries born during the notch Section 367(d) of the Internal Revenue HON. SCOTT McINNIS period are receiving correct benefit amounts. Code provides for income inclusions in the OF COLORADO They also found that increasing benefits for form of deemed royalties upon the transfer of IN THE HOUSE OF REPRESENTATIVES ‘‘notch babies’’ would not only be unjustified, intangible property by a U.S. person to a for- Thursday, March 6, 2003 but would unnecessarily jeopardize the finan- cial stability of the Social Security system. eign corporation. Prior to the 1997 Act, these Mr. MCINNIS. Mr. Speaker, I would like to Yet, despite these conclusive findings, income inclusions under section 367(d) were take this opportunity to recognize a family truly TREA currently operates a multi-million dollar deemed to be U.S.-source income and thus dedicated to developing leadership skills in the fundraising scheme based on the notch issue. were not eligible for foreign tax credits. The young people of their community. Mary This group tells seniors it is working hard to international joint venture reforms included in Haining, and her family, of Delta, Colorado correct a notch ‘‘problem’’ that doesn’t exist in the 1997 Act eliminated this special source have shown exemplary dedication to the 4–H an attempt to scam seniors out of their hard- rule and provided that deemed royalties under program through three generations of their earned money. Under the guise of advocating section 367(d) are treated as foreign source family. for legislative reform, TREA collected over $46 income for foreign tax credit purposes to the The 4–H program promotes leadership, citi- million from seniors over four years (1997 to same extent as an actual royalty payment. zenship, and community involvement in Amer- The amendments made by the 1997 Act 2000), and its moneymaking campaign con- ica’s youth, qualities that the Haining clan per- were intended to eliminate the penalty that tinues. sonifies. Mary Haining began working with 4– was provided by the prior-law deemed U.S. In addition, the tactics used by TREA to so- H as a girl in Grand Junction, exploring her in- source rule and that had operated to discour- licit money from elderly individuals are deplor- terests in entomology and rabbits. As a moth- age taxpayers from transferring intangible able. Included among TREA’s numerous de- er, she has served as a 4–H volunteer leader property in a transaction that would be cov- ceptive mailings are official-looking notch iden- for thirty-eight years. Each of the Haining chil- ered by section 367(d). Prior to the 1997 Act, tification cards and registration forms that give dren was involved in 4–H for at least ten in order to avoid this penalty, taxpayers li- the mistaken impression that this group has years. Mary Haining’s daughter Joyce and son censed intangible property to foreign corpora- the authority to handle the distribution of So- Ron are still active parent leaders of 4–H in tions instead of transferring such property in a cial Security benefits, TREA also sends solici- Delta. Three of Mrs. Haining’s grandchildren transaction that would be subject to section tations containing replicas of Social Security are studying sheep, beef, entomology, poultry, 367(d). The 1997 Act’s elimination of the pen- checks, thereby reinforcing this image. Per- gardening, and archery through 4–H pro- alty source rule of section 367(d) was in- haps the most disturbing, the group’s fund- tended to allow taxpayers to transfer intangible grams. Mr. Speaker, it is a great privilege to recog- raising efforts have even included mailings property to a foreign corporation in a trans- nize the Haining family for their long-time dedi- that ask seniors to redraft their wills to make action that gives rise to deemed royalty pay- cation to the 4–H cause. The Hainings, and TREA a beneficiary. ments under section 367(d) instead of having In order to stop the exploitation of America’s the 4–H program which they have served de- to structure the transaction with the foreign seniors, I am reintroducing a bill that would re- votedly, represent American ideals and the corporation as a license in exchange for actual voke the federal charter granted to TREA in family values that make our communities royalty payments. 1992. While Congress rarely revisits a former strong. However, the intended goal of the 1997 Act charter decision, this group’s persistent pattern provision is achieved only if the deemed roy- f of fleecing seniors clearly warrants such a alty payments under section 367(d) not only TO REVOKE THE FEDERAL step. are sourced for foreign tax credit purposes in CHARTER GRANTED TO TREA Federal charters are prestigious distinctions the same manner as actual royalty payments, awarded to organizations with a patriotic, char- but also are characterized for foreign tax credit HON. GERALD D. KLECZKA itable, or educational purpose. Although in- limitation purposes in the same manner as ac- OF WISCONSIN tended as an honorific title, a federal charter tual royalty payments. Without a clarification IN THE HOUSE OF REPRESENTATIVES implies government support for such organiza- that deemed royalty payments are character- tions. Misleading America’s seniors clearly vio- ized for foreign tax credit limitation purposes in Thursday, March 6, 2003 lates the high standards held for chartered the same manner as an actual royalty pay- Mr. KLECZKA. Mr. Speaker, today I am re- groups. Moreover, allowing TREA to maintain ment, there is a risk in many cases that such introducing a bill to revoke the federal charter its charter would send a signal to the Amer- deemed royalties would be characterized in a that was to the Retired Enlisted Association ican public that Congress condones such be- manner that leads to a foreign tax credit result (TREA) in 1992. TREA is an organization that havior. that is equally as disadvantageous as the re- has repeatedly targeted seniors with ‘‘notch’’ Six bipartisan members of the House Ways sult that arose under the penalty source rule mailings that are deceptive, false, and de- and Means Social Security Subcommittee that was intended to be eliminated by the signed to extort money from elderly persons, have joined me today in support of this legisla- 1997 Act. many of whom live on limited incomes. tion-including Chairman SHAW and Ranking

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Member MATSUI. I urge my colleagues to co- ical science and a Bachelor of Science degree regardless of gender—experience conflict be- sponsor this measure. in finance. That alone made her a natural for tween work and family, between watching their f the Appropriations Committee. She served as child’s baseball game or going through that an intern in the New York State Assembly, stack of papers on their desk. PURSUE A MULTI NATIONAL and also worked for the New York Mets during The Family Time Flexibility Act will help to STRATEGY TO DISARM IRAQ summers between school years. On those few ease these pressures by providing the flexi- occasions where we gave her some time off, bility that working parents need to spend qual- HON. RICK BOUCHER Jaclyn was active in dance, Italian language ity time with their families. This legislation OF VIRGINIA study, and travel. amends the FLSA to allow private sector em- IN THE HOUSE OF REPRESENTATIVES She has been an administrative aide to the ployees to access something that their col- minority staff of the House Appropriations leagues working in federal, state and local Thursday, March 6, 2003 Committee since October 5, 2001. Just after governments have had for many years—the Mr. BOUCHER. Mr. Speaker, I rise today to she joined the Committee, the anthrax incident option of choosing either cash wages or paid urge in the strongest terms that the adminis- in the Longworth House Office Building oc- time off as compensation for working overtime tration pursue a multi national strategy as it curred. Jaclyn not only was instrumental in hours. takes the necessary steps to disarm Iraq. getting our temporary alternate office up and Before I go any further, I want to stress that I share the administration’s view that Sad- running for the period that our Longworth of- nothing in this legislation would require em- dam Hussein’s weapons of mass destruction fice was closed, but also she reacted to the ployees to take comp time instead of overtime must be removed. In his present armed condi- stress in a very professional and helpful man- pay. Nor could employers force employees to tion, he poses a significant threat to our Na- ner that allowed the Members and the staff to take comp time. Rather they now can be given tion and to all peace loving nations around the get on with conducting the nation’s business. the choice of compensatory time or overtime. world. I have no doubt that he possesses Jaclyn put in many long evenings in behalf This bill does not relieve employers of any ob- highly dangerous weapons, and based upon of the Members of the Appropriations Com- ligation to pay overtime. his past conduct, I also harbor no doubt that mittee, with direct support to the Democratic As a matter of fact, my bill contains explicit he would use those weapons against us or professional staff of the Committee. She tire- penalties if an employer ‘‘directly or indirectly against our allied nations whenever he be- lessly served as the liaison between the Com- intimidates, threatens or coerces’’ an em- ployee into taking comp time in lieu of over- lieves that doing so serves his interests. mittee and all Democratic House offices, the time, and the penalties are more severe than It is clear that Saddam Hussein must be dis- press, and the public. She succeeded in every under current law. Employers who engage in armed. task she was given. such behavior will be liable for double dam- However, it is essential that the disar- I want to take this opportunity to publicly ages plus attorney’s fees and costs. In addi- mament take place in the proper manner. The thank her for her outstanding efforts to me and tion, the other remedies included under the best opportunity for obtaining the disarmament to the Committee, and to wish her well in her FLSA—including civil and criminal penalties of Iraq without the necessity of armed conflict new career. We will miss her, and wish her and injunctive relief—still will apply. The em- lies in the assemblage of a large group of na- nothing but success and happiness. ployee may respond through a private right of tions who collectively will insist that the disar- f mament occur. If, under the auspices of the action, or the Labor Department may sue on United Nations, most nations of the world are INTRODUCTION OF THE FAMILY behalf of the employee. I also want to stress facing Saddam Hussein united in the deter- TIME FLEXIBILITY ACT that this bill in no way affects or changes the mination to remove his arms peacefully if pos- standard 40-hour workweek. Here’s how the bill works. If the employer sible but by force if necessary, the best HON. JUDY BIGGERT and the employee agree—or in union shops, chance is achieved for a peaceful disar- OF ILLINOIS the union and the employer agree through mament to occur. IN THE HOUSE OF REPRESENTATIVES their collective bargaining agreement—to allow Then, if conflict is necessary, a broad as- Thursday, March 6, 2003 the employee to start accruing overtime hours semblage of nations will share responsibility as compensatory or family time, the employee for taking the necessary steps. Moreover, that Mrs. BIGGERT. Mr. Speaker, I rise today to introduce The Family Time Flexibility Act, may bank overtime hours and use them at a same large assembly of nations with United later time as paid time off. which allows employers to offer American Nations participation, can then share both the As is currently the case with overtime pay, workers the option of voluntarily taking com- cost and the responsibility for the administra- comp time hours would accrue at a rate of tion and reconstruction of post-war Iraq. pensatory time off in lieu of receiving overtime one and one-half hours of comp time for each Ten years ago, under a United Nations res- pay. I am pleased that 67 of my colleagues hour of overtime worked. Employees could ac- olution, Iraq was expelled from Kuwait. The have joined me as original cosponsors of this crue up to 160 hours of comp time within a diplomatic offices of this nation were put to pro-family, pro-worker, pro-women legislation. 12-month period. good use in persuading our allies to partici- One would think that providing working men This legislation contains numerous safe- pate with us in the exercise. and women with more control over their work guards to protect employees. Let me reiterate That same course must be followed again, schedules is a ‘‘no brainer’’, but private sector that employers are explicitly prohibited, under and I urge the administration in the strongest employees and employers alike are bound by threat of civil and criminal penalties, from at- possible terms to take the time which is nec- the Fair Labor Standards Act of FLSA, which tempting to directly or indirectly intimidate, essary to assure that broad international sup- does not permit such flexibility. I think it’s fair threaten, or coerce any employee to take port underlies our efforts to ensure our secu- to say that this law, enacted during the de- comp-time instead of cash pay as pay for rity and the security of other nations through pression, was designed for a very different overtime. the disarmament of Iraq. workforce with very different needs. In addition, employers must obtain prior writ- f Over the past 60-plus years, the American ten approval from each employee who choos- workplace has undergone a dramatic change es comp-time in lieu of cash pay for overtime. TRIBUTE TO JACLYN SOBOCIENSKI in composition, character, and demands. What And employees can withdraw their request to once was a static, agriculture- and manufac- receive comp-time and go back to receiving HON. DAVID R. OBEY turing-based economy with a primarily male cash pay at any time. OF WISCONSIN workforce has evolved into a fast-paced work- The legislation requires an employer to an- IN THE HOUSE OF REPRESENTATIVES ing environment based on global services and nually pay cash wages for any unused comp high technology with nearly equal numbers of time accrued by the employee. Employees Thursday, March 6, 2003 women and men in the workforce. may withdraw from a comp time agreement at Mr. OBEY. Mr. Speaker, I would like to take Workers today, more than ever before, face any time and request a cash-out of any or all this opportunity to recognize the outstanding a difficult dilemma: how to balance the de- of his or her accrued, unused comp time. The efforts made by Ms. Jaclyn Sobocienski who mands of a job while having adequate time for employer has 30 days in which to comply with is leaving the House Appropriations Com- family, friends and outside commitments. This the request. The legislation also requires an mittee this week. situation has become even more pronounced employer to provide the employee with at least Jaclyn is a native of New York. She is a because many American families now rely on 30 days notice prior to cashing out any ac- Magna Cum Laude graduate of Siena College, two incomes to survive. And while this conflict crued time in excess of 80 hours or prior to possessing a Bachelor of Arts degree in polit- weighs most heavily on women, all workers— discontinuing a policy of offering comp time.

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.033 E07PT1 E402 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 Employees are able to use their accrued to the men and women responsible for our na- ments in revenues, operating income, and ca- comp time at any time, so long as its use tional defense. pacity utilization. does not unduly disrupt the operations of the More than 1.4 million men and women The tariffs have also caused a modest price business—this is the same standard used in make up America’s active and reserve forces. recovery in the industry. Prices for hot rolled the public sector and under the Family and I join my colleagues on both sides of the aisle steel rose from historic lows of only $210 per Medical Leave Act. Employers also would be in acknowledging the soldiers and sailors, air- ton in December 2001 to around $300 per ton prohibited from requiring employees to take men and marines in both the active and re- today. But even so, prices for all major flat accrued time solely at the convenience of the serve components, who distinguish them- rolled products are still below 20-year histor- employer. selves daily in selfless service to this nation ical averages. Again, I want to reiterate that this legislation and bring great pride to us all. Additionally, the industry has made signifi- has no effect on the traditional 40-hour work- Last month, I had an opportunity to recog- cant progress toward restructuring and con- week or the way in which overtime is cal- nize the accomplishments of nineteen mem- solidation. The International Steel Group culated. bers of our armed forces. In observance of Af- (ISG), which came into existence following its Mr. Speaker, comp time makes for good rican American history month, I chose to ac- purchase of LTV, has agreed to acquire the policy and it also has another benefit—it knowledge African Americans who have assets of Bethlehem Steel. US Steel an- makes employees happy. There always will be served with distinction in the U.S. Armed nounced plans to purchase National Steel. working men and women who want and need Forces. Each day of the month, I distributed Section 201 relief, if allowed to run its course, the extra pay that comes from working over- brief biographies to my colleagues, which hon- will result in a more competitive domestic in- time hours. But for many workers, having the ored the accomplishments of generals and pri- dustry. additional time off is a far more attractive op- vates, paratroopers, cooks, and nurses, who tion, and that’s an option they should have. have contributed to our rich history. Many The tariffs were a good start, and they must Comp time also is good for business be- fought for freedoms they did not fully enjoy be allowed to continue. The United States has cause smart companies know how flexibility themselves. finally made clear that it is no longer willing to can help efforts to recruit and retain top-notch It was interesting to learn that despite a di- serve as the World’s Steel Dumping Ground. employees. Concerns over the well-being of versity of ethnicity and culture, today’s military The United States has also made clear that the family often force parents to leave jobs men and women are not very different from the national security of our country requires a that do not fit their family needs or forego jobs the doughboys that fought in World War I, or strong and viable domestic steel supplier that would put stress on home lives. the GIs who stormed the beaches in Nor- base. Only the continuation of the 201 tariffs In sum, Mr. Speaker, The Family Time mandy, or the troops who fought in Korea and will mitigate the harm of unfairly traded im- Flexibility Act is good for workers, it is good Vietnam. From generation to generation, they ports and assist the industry in a critical recov- for women, and it is especially good for fami- continue to embody the qualities we respect in ery. Keep the steel tariffs working! lies. The bill updates an outdated law de- all walks of life and in all fields of endeavor; signed for the 1930s workplace and makes it a commitment to excellence, a vision of a bet- f relevant for today’s workforce. ter future, and a dedication to selfless service. HONORING THE 50TH ANNIVER- Today’s working men and women want in- It is both fitting and timely that we commend SARY OF THE MYRTLE GROVE creased flexibility and choices regarding the members of the United States Armed VOLUNTEER FIRE DEPARTMENT scheduling and compensation, yet federal law Services today. However, I’d like to add two prevents them from having such options. I things to this tribute. First, I’d like to acknowl- trust my colleagues agree that employees and edge our nation’s military veterans. Their sac- HON. JEFF MILLER employers should not be prevented from mak- rifices have helped make America the world’s OF FLORIDA ing mutually agreeable arrangements that best hope for freedom and lasting peace. And meet both personal and business needs. second, I’d like to acknowledge the families of IN THE HOUSE OF REPRESENTATIVES I think the time and circumstances are right those who serve our nation. It is a sacrifice to Thursday, March 6, 2003 for us to pass this much-needed legislation. I send your son or daughter, your husband or urge my colleagues to join this effort to pass wife, into harms way. Your contribution to our Mr. MILLER of Florida. Mr. Speaker, I rise a strong ‘‘family time’’ bill that will be good for nation’s freedom is deeply appreciated. today to recognize the 50th Anniversary of the workers, businesses, the economy, and Amer- f Myrtle Grove Volunteer Fire Department. The ica’s families. Myrtle Grove Volunteer Fire Department, con- In closing, let me take a moment to recog- TARIFF RELIEF sisting of about two dozen men and women, nize Congressman CASS BALLENGER for his made it first fire run on March 6, 1953. dedicated and untiring work on the comp time HON. DENNIS J. KUCINICH The station was originally a single-bay build- issue and to the Chairman of the House Sub- OF OHIO ing at the corner of 69th Avenue and Lillian committee on Workforce Protections, Rep- IN THE HOUSE OF REPRESENTATIVES Highway. The present building, at Lillian and resentative CHARLIE NORWOOD, for his strong Thursday, March 6, 2003 72nd Avenue, was completed in 1978. The commitment to this issue. Finally, let me thank community and volunteer firefighters raised the Chairman of the full Committee on Edu- Mr. KUCINICH. Mr. Speaker, on the one- the money together by knocking on doors. year anniversary of the President’s decision to cation and the Workforce, JOHN BOEHNER, for Over 1,200 calls were taken last year by impose temporary tariff relief on behalf of the his support of America’s working men and firefighters, both paid and volunteer, who work domestic steel industry under Section 201 of women. from the station to guard the Myrtle Grove the Trade Act, I speak in strong support of the I urge my colleagues to join us in cospon- area. This responsiveness has given the vol- tariffs and their continuation for the full three- soring the Family Time Flexibility Act. unteer firefighters the credibility of profes- f year period ordered by the President. Between 1997 and 2002, America’s steel in- sionals. COMMENDING MEMBERS OF dustry was under attack by foreign companies The Myrtle Grove company is a family-ori- UNITED STATES ARMED FORCES illegally dumping steel into the American econ- ented group. Assistant Fire Chief Robert Jor- AND THEIR FAMILIES FOR SELF- omy, sending 35 steel companies into bank- dan is the successor and grandson of the LESS SERVICE DURING GLOBAL- ruptcy and costing 54,000 industry employees original fire chief John ‘‘Pap’’ Rolfs Sr. Carl WAR ON TERRORISM their jobs. Jordan, father of Robert, served as Assistant After a seven-month analysis, the Inter- Chief for thirty years. Everyone, who serves in SPEECH OF national Trade Commission made a unani- the station, is known to have close relation- HON. ALCEE L. HASTINGS mous determination that the steel industry had ships with one another. OF FLORIDA suffered serious injury as a result of the surge On behalf of the United States Congress IN THE HOUSE OF REPRESENTATIVES of imports and voted to recommend a remedy. and the people of Myrtle Grove, I would like to One year later, this remedy is working and recognize this group of people for the stand- Wednesday, March 5, 2003 must be continued. Since the Section 201 re- ard of excellence and bravery that they have Mr. HASTINGS of Florida. Mr. Speaker, I lief was implemented, the industry is beginning shown in their community. I offer my sincere rise today in support of H. J. Res 27. It is a to see signs of a recovery: domestic pro- thanks for all that they have done for North- privilege to take a few minutes to pay tribute ducers have experienced incremental improve- west Florida and this great Nation.

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MR8.037 E07PT1 March 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E403 TRIBUTE TO JOHN PERNA AND I would like to commend these organizations urban, and now suburban society. Today, SAGINAW HABITAT FOR HUMAN- for their hard work and continued efforts to many of these refuges have become islands ITY raise awareness of domestic violence issues. surrounded by human development and infra- Domestic violence is a serious problem in structure. The wildlife they preserve, the spe- HON. DALE E. KILDEE this country. Nearly one third of American cies they protect have truly become refugees OF MICHIGAN women (31 percent) report being physically or from an outside world, dominated by human IN THE HOUSE OF REPRESENTATIVES sexually abused by a husband or boyfriend at interaction and presence. Will they survive the next 100 years? I Thursday, March 6, 2003 some point in their lives. In my home state of California, it is reported would like to think so. As we move forward, Mr. KILDEE. Mr. Speaker, I rise today to that almost 6 percent of California’s women we are developing a stronger appreciation of pay tribute to the outgoing director of Saginaw suffer physical injuries as a result of domestic what we have already lost and what more we Habitat for Humanity, John Perna. Mr. Perna violence every year. In 2001, there were more must preserve. The Mason Neck National is leaving his position as director of the organi- than 52,000 domestic violence arrests, and ’ Wildlife Refuge, which was once in my con- zation after six years in that post. He will be law enforcement received 198,000 domestic gressional district, is relatively new. It was es- honored at a dinner on March 8th in Saginaw, violence calls. tablished in response to the near extinction of Michigan. Although domestic violence has traditionally America’s most prized symbol of freedom and John Perna’s background as a student of been considered a problem primarily afflicting independence, the American bald eagle. The theology at the University of Notre Dame and women, it does not just affect women and is return of the bald eagles and their subsequent his work in church music ministry helped him not just a ‘‘women’s issue.’’ It affects men, recovery is a great success. to expand the Saginaw Habitat for Humanity. women and children; it affects American fami- I am proud of my support for the National He started working for Saginaw Habitat for lies and our communities. Wildlife Refuge system and particularly proud Humanity in 1996. At that time he was the Each year, an estimated 3.3 million children of the collaborative efforts I and my colleagues only paid staff person. Four houses were built are exposed to violence in their homes, and in Congress and at the local level made to that year by the organization. Today, the staff statistics provided by the Department of Jus- protect more than 800 acres of environ- includes seven full time employees, one part tice show that a child’s exposure to domestic mentally sensitive land at Meadowood Farms time employee and three Americorps mem- violence is one of the strongest factors in that is adjacent to Mason Neck Refuge from bers. The group anticipates completing sixteen transmitting violent behavior from one genera- development. houses in the Saginaw community this year in- tion to the next, increasing the likelihood of We are still at the early stages of learning cluding the Blitz 2003 when eight houses will that that child will commit a violent act, con- how conservation and preservation must work be built in two weeks. tinuing the cycle of violence. over the long term to ensure a species sur- Saginaw Habitat for Humanity holds the Domestic violence is a problem that Ameri- vival. Conservation measures must be prac- principles of being an ecumenical, Christian cans must confront head-on in order to stop ticed not just on the refuges but outside the housing ministry foremost in all its the cycle of violence occurring within our com- refuges as well. Biological corridors linking †endeavors. Committed to eliminating sub- munities and throughout our country. protected areas and critical habitat must be standard shelter and homelessness from the I support the Violence Against Women Act, expanded; environmental hazards controlled; area, Saginaw Habitat for Humanity has it is an important bill whose effects have been and a better understanding of how human partnered with several area churches and or- far-reaching in all aspects of helping victims of interaction affects wildlife must be appreciated. ganizations to make affordable, respectable domestic violence, but there is still much more As time marches forward, I am optimistic housing available to all. Reflecting on the to be done. We must continue to provide fund- that this same ethic that led to the creation of teachings of Jesus Christ, the members, vol- ing to domestic violence programs and work to the first refuge multiplies with each new gen- unteers and staff of Saginaw Habitat for Hu- close the loopholes in existing legislation. eration to ensure that the refuges of tomorrow manity have put their faith into action. A cor- VAWA and this week’s campaign against and the year 2103 succeed at preserving what nerstone of this action is the ‘‘economics of domestic violence are just the first of many we hold dear today. Jesus,’’ or volunteers responding to those in steps that must be taken in order to end do- f need. Together the homeowners, the con- mestic violence. I encourage my colleagues to THE U.S. STEEL INDUSTRY struction volunteers, partner organizations like work with me to further address issues of do- the Home Builders Association, the Michigan mestic violence so that we may work towards HON. PHIL ENGLISH Prison Build Program, the Michigan National developing solutions, both locally and nation- Guard and area High School building trades OF PENNSYLVANIA ally, to end the cycle of violence in our com- IN THE HOUSE OF REPRESENTATIVES students contributed the sweat equity that munities and to put a stop to the problem of made the dream of a new home a reality for domestic violence. Thursday, March 6, 2003 several families. f Mr. ENGLISH. Mr. Speaker, Yesterday Mr. Speaker, I ask the House of Represent- marked the one year anniversary of President atives to join me in congratulating John Perna ON THE OCCASION OF THE 100TH Bush’s historic stand against unfair steel im- and Saginaw Habitat for Humanity for the ANNIVERSARY OF THE ESTAB- ports. The President’s decision to implement work they have accomplished thus far. I wish LISHMENT OF THE NATIONAL safeguard relief for steel products exemplifies Mr. Perna the best as he starts a new phase WILDLIFE REFUGE the perfect case in which this type of trade law of his life, and I wish the best for the incoming remedy was created for. Implementing a safe- director, Paul Warriner, along with the entire HON. JAMES P. MORAN guard action on steel products was necessary, Saginaw Habitat for Humanity organization. OF VIRGINIA appropriate and permissible under both do- May they continue in their work until every IN THE HOUSE OF REPRESENTATIVES mestic law and our obligations within the person has a decent place to live. World Trade Organization context. Thursday, March 6, 2003 f The American steel industry was seriously DOMESTIC VIOLENCE WEEK Mr. MORAN of Virginia. Mr. Speaker, one injured as a result of repeated surges of low- hundred years ago this month President priced steel imports that suppressed domestic HON. DOUG OSE Teddy Roosevelt set forth a vision and created steel prices to unsustainable 20 year lows. a program to preserve unique and endangered The impact of these import surges includes 35 OF CALIFORNIA species and the critical habitat they needed to IN THE HOUSE OF REPRESENTATIVES American steel companies entering bankruptcy survive. Pelican Island National Wildlife Ref- and the elimination of over 50,000 American Thursday, March 6, 2003 uge was the first of what are now 540 refuges steelworker jobs. Mr. OSE. Mr. Speaker, I rise today to offer and thousands of small prairie wetlands man- And yet, the bold safeguard action taken by my strong support for this week’s campaign, aged by the Fish and Wildlife Service. From the Bush Administration alone can not rectify ‘‘Uniting Our Voices: Speaking Together to that first refuge, there are now more than 95 the underlying practices leading to the import Speak Out,’’ against domestic violence spon- million acres of protected habitat across the surges which placed the American steel indus- sored by Lifetime Television and the National United States. try in such peril. Make no mistake, the domes- Coalition Against Domestic Violence in coordi- Looking back over the past 100 years, much tic steel industry is still very much threatened nation with the Congressional Caucus on has changed. The United States has trans- by enormous global market distortions. Mas- Women’s Issues. formed from an agrarian to a predominately sive foreign steel overcapacity continues to

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.041 E07PT1 E404 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 disrupt the global steel trading system—for- Since the safeguard action was imple- was massive foreign overcapacity, which had eign excess raw steelmaking capacity has mented one year ago, there has been a mod- caused the United States to become the averaged more than twice the level of average est price recovery on steel products. Keep in dumping ground for world excess steel prod- domestic steel consumption. Foreign govern- mind, however, that the price of steel was at ucts. As a result of this, 35 steel companies ments and steel manufacturers have shown lit- unsustainable levels prior to and had abso- have filed for bankruptcy, and over 50,000 tle interest in implementing meaningful capac- lutely no where else to go but up. In fact, even American steel workers have lost their jobs. ity reduction programs. And the inefficient ex- after one year with the tariffs in place hot In my home state of Illinois, the crisis has cess foreign steel capacity will continue to im- rolled steel prices are still below the twenty resulted in four steel companies filing for pose serious pricing pressures in the U.S. year average. bankruptcy, including Laclede Steel and the market as foreign producers attempt to unload Steel supplies have also been robust since parent company for Granite City Steel, which their excess capacity whenever an opportunity the safeguard action has been in place. Con- are in the Congressional District I represent. presents itself. trary to predictions, there is no evidence that Approximately 5,000 steel workers have lost This is precisely why I applaud President the safeguard measure has unduly hampered their jobs in Illinois alone. Bush for having the vision to implement such import supply. Indeed, imports of flat-rolled In 2000, I joined my colleagues on the Con- a broad and ambitious agenda for correcting steel increased substantially after the imposi- gressional Steel Caucus in urging the Presi- the distortions in the steel marketplace which tion of section 201 measures in 2002, as com- dent to implement a Section 201 investigation have made this threat as cyclical as the sea- pared to the same period in 2001. by the International Trade Commission to de- sons themselves. Further, I applaud the Ad- One goal of the safeguard statute is to termine if our domestic markets had been ministration for actively implementing its three- achieve a period of breathing room from un- harmed by illegal dumping. I also testified be- part steel program and engaging all steel pro- fairly traded imports which allows the affected fore the ITC to express my concerns regarding ducing nations at the negotiating table. Spe- industry time to restructure. Since the safe- the steel crisis. The ITC ruled unanimously cifically, the President’s three-part plan will: guard action was implemented, domestic pro- that the steel industry had indeed been seek the near-term elimination of inefficient ducers have enjoyed improvements in reve- harmed. excess capacity in the steel industry world- nues, operating income, and capacity utiliza- While the ITC’s decision was welcome, it wide; eliminate the underlying market-dis- tion. A number of companies have returned to didn’t guarantee relief for the domestic steel torting subsidies that led to the current condi- profitability, while other companies have industry. That decision was left to the Presi- tions in the first place; and implementing the shown significant improvements even though dent to determine what type of remedy should safeguard action for three years to allow for they have not yet become profitable. The in- be afforded to the industry. I was pleased that domestic steel industry restructuring and re- dustry has made significant progress toward the President decided to impose the tariffs, covery. restructuring and consolidation. While recovery rather than quotas, which would not have All parts of the President’s plan must be im- and restructuring will take time, the President’s been as helpful to the industry. plemented in order to place our domestic steel plan has allowed the industry to make a real Mr. Speaker, we have seen the positive re- producers on a level playing field. The domes- start. sults of the President’s decision to impose tar- tic steel industry is a national asset and is in- The crisis in steel is not yet over. It is not iffs. The steel industry is beginning to show separable from our nation’s economic, political enough for Congress to look back on the ac- signs of recovery. Prices are stabilizing and and military development. But while no one tions already taken by the ITC and the Presi- steel companies are returning to profitability. disagrees that the American steel industry is dent. Instead, Congress must continue to take The industry is restructuring and consolidating. an integral component of our nation’s eco- an active roll, along with the President, and All of this has happened without hampering nomic base and critical to our national secu- look toward completing the initiatives we have the availability of competitively priced steel rity, only a few voices speak loudly to decry already begun. The safeguard action was put products. In fact, steel imports were higher in the remedy as unfair to steel consumers. Mr. in place by President Bush for three years, de- 2002 than they were in 2001. Speaker, I emphatically disagree. clining each year it is in effect. The safeguard However, for the industry to continue its re- The tariffs implemented under section 201 action must not be cut short and must run its covery, it is imperative that as the Section 201 resulted from a thorough investigation of the full course. Further, great strides must be tariff measures are reviewed, they remain fully facts. The U.S. International Trade Commis- taken to facilitate a comprehensive and mean- enforced for at least three years as ordered by sion (ITC) conducted the most exhaustive in- ingful conclusion to the OECD high-level talks the President, and that exemptions to the tar- vestigation of its type in history. Foreign steel on steel. iffs are limited. producers employed over thirty-four law firms Finally, the United States must also main- I urge my colleagues to join me in sup- and participated in more than three weeks of tain and utilize strong trade laws which en- porting our domestic steel industry by sup- public hearings, submitting over 85 feet of courage free and fair trade. Over the long porting the existing tariffs on foreign steel. legal briefs and arguments. Foreign and do- term, strong and full enforcement of U.S. anti- This support will allow for the continued recov- mestic interest groups., including domestic dumping and countervailing duty laws is the ery of this nation’s domestic steel industry. steel consumers, who were opposed to any only means to encourage market behavior and f form of relief for the domestic steel industry deter the unfair trade practices that initially led were given every possible opportunity to par- to the steel crisis. These laws are critical to INTRODUCTION OF THE INSTALL- ticipate—and they did. the long-term survival of the domestic steel in- MENT SALE PRODUCTION ACT After this exhaustive investigation, the ITC dustry. It is essential that our trade laws are OF 2003 unanimously found that the American steel in- fully enforced and that the Administration de- dustry had been seriously injured as a result fend the integrity of this last line of defense HON. WALLY HERGER of high levels of low-priced steel imports. Fol- against unfairly traded imports in negotiations OF CALIFORNIA lowing the unanimous decision of injury by the for new international trade agreements. IN THE HOUSE OF REPRESENTATIVES ITC, the President reviewed the Commission’s f findings, considered if a safeguard action Thursday, March 6, 2003 would have a greater positive effect on the THE U.S. STEEL INDUSTRY Mr. HERGER. Mr. Speaker, I am today in- economy than it would negative, and then im- troducing legislation that would restore effec- posed a reasonable set of tariff and tariff-rate- HON. JERRY F. COSTELLO tive use of the installment method of account- quota measures. OF ILLINOIS ing to long-term service business owners who Mr. Speaker, up to this point I have detailed IN THE HOUSE OF REPRESENTATIVES sell their business interests. two separate mechanisms which facilitate the The installment method of accounting allows specific input of domestic steel consumers. It Thursday, March 6, 2003 a seller to pay tax on the gain from a sale as is evident that the facts in this case provide Mr. COSTELLO. Mr. Speaker, I rise today to the seller receives the sale proceeds. This tax the merit for the President’s safeguard action, recognize the one-year Anniversary of Presi- treatment matches the time for paying the tax that all interested parties had ample oppor- dent Bush’s decision to impose temporary tar- to when the seller has the cash with which to tunity to participate in the investigation, and iff relief on behalf of the domestic steel indus- pay that tax. that, as part of a broader plan to reform trade try. As many Members are aware, in the 106th distorting practices in this sector, the safe- Since 1998, our domestic steel industry has Congress, we acted on a recommendation guard action is working without serious nega- been in crisis, with the worst year coming in from the Clinton Administration to repeal the tive consequences to downstream industries. 2001. The fundamental cause of this crisis installment method of accounting for accrual

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.044 E07PT1 March 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E405 basis taxpayers. Only after such change be- cause of the intangibles recapture rule, the cases where there are small harms to a large came law did we discover that we had effec- seller will have to pay $35, or 66% of the total number of people, which would otherwise go tively eliminated the installment method of ac- tax, in the first year, despite having received unaddressed because the cost to the individ- counting for many small business owners and, only 10% of the sale proceeds in that year. uals suing could far exceed the benefit to the as a result, made it much more difficult for This result is clearly inequitable and defeats individual. However, class actions are increas- those business owners to sell their busi- the purpose of allowing business owners to ingly being used in ways that do not promote nesses. These business owners were forced use the installment method of reporting gain the interests they were intended to serve. to pay the entire federal income tax due on from the sale of the business. Moreover, the In recent years, state courts have been the sale of their business in the year of sale, result is especially harsh in cases where a flooded with class actions. As a result of the even though the proceeds of the sale would business owner is retiring and selling the busi- adoption of different class action certification be received over several years. This up-front ness. standards in the various states, the same demand by the government forced business My bill would allow a long-term active partic- class might be certifiable in one state and not owners to borrow to pay the tax or to accept ipant in a service business to report intangi- another, or certifiable in state court but not in lower sale prices in order to induce buyers to bles recapture gain on the installment basis federal court. This creates the potential for pay enough up-front to cover the seller’s tax. along with other gain from the sale. The legis- abuse of the class action device, particularly To its credit, the Congress admitted its mis- lation would not change the character of any when the case involves parties from multiple take and retroactively restored the installment gain. As such, intangibles recapture gain states or requires the application of the laws method to accrual basis taxpayers in the In- would continue to be ordinary income to re- of many states. stallment Tax Correction Act of 2000 (P.L. flect the fact that it previously gave rise to an For example, some state courts routinely 106–573), which was enacted on December ordinary deduction. The bill is limited to long- certify classes before the defendant is even 28, 2000. term participants because they are the individ- served with a complaint and given a chance to While restoring the installment method for uals who would otherwise be likely to suffer defend itself Other state courts employ very accrual method taxpayers in 2000 was the the greatest hardship under the recapture rule lax class certification criteria, rendering vir- right thing to do, it did not go far enough in and who are most likely to be relying on in- tually any controversy subject to class action remedying the installment sale problems of stallment sale payments to supplement their treatment. There are instances where a state business owners. Despite the clear policy de- retirement income. court, in order to certify a class, has deter- cision by Congress in 2000 to permit sellers of Specifically, my bill would allow an individual mined that the law of that state applies to all businesses to use the installment method, who has been an active participant for five of claims, including those of purported class some long-term business owners continue to the prior seven years in a business in which members who live in other jurisdictions. This be required to pay a significant portion of total capital is not a material income-producing fac- has the effect of making the law of that state taxes upon entering into an installment sale of tor (i.e., a service business) to report on the applicable nationwide. their business, even though they have not yet installment basis any intangibles recapture in- The existence of state courts that broadly received any significant part of the sale pro- come resulting from the disposition of an inter- apply class certification rules encourages ceeds. est in the business. plaintiffs to forum shop for the court that is An exception to the installment sale method Because this proposal does not apply to de- most likely to certify a purported class. In addi- of accounting requires taxpayers to pay all tax preciation recapture from tangible property, tion to forum shopping, parties frequently ex- attributable to depreciation recapture in the the proposal does not conflict with the original ploit major loopholes in federal jurisdiction year of a sale. This depreciation recapture rule goals of Congress in adopting the depreciation statutes to block the removal of class actions was adopted in 1984 in order to prevent tax- recapture exception to the installment sale that belong in federal court. For example, payers from engaging in ‘‘churning’’ trans- rules. Specifically, this is not a change that plaintiffs’ counsel may name parties that are actions, sale/leasebacks, and other tax shelter would permit tax sheltering through any sort of not really relevant to the class claims in an ef- transactions involving real estate and equip- ‘‘churning’’ transactions, fort to destroy diversity. In other cases, coun- ment. However, the recapture provision was While this proposal does not address all of sel may waive federal law claims or shave the expanded well beyond its original purpose in the potential cases in which the installment amount of damages claimed to ensure that the 1993 in connection with legislation relating to sale method is unavailable upon the sale of a action will remain in state court. the treatment of intangibles. Unfortunately, business, it does go a long way towards ad- Another problem created by the ability of Congress may not have fully appreciated the dressing one of the most egregious situations. state courts to certify class actions which adju- consequences to sellers of business interests. I urge my colleagues to support this worthy dicate the rights of citizens of many states is In 1993, the Congress adopted rules to clar- legislation. that often times more than one case involving ify the amortization of acquired intangibles f the same class is certified at the same time. (e.g., goodwill, going concern value). The In the federal court system, those cases in- 1993 change required intangibles to be written INTRODUCTION OF THE CLASS volving common questions of fact may be off over a 15-year period, but specified that ACTION FAIRNESS ACT OF 2003 transferred to one district for coordinated or any gain on the sale of the intangibles attrib- consolidated pretrial proceedings. utable to previous amortization deductions HON. BOB GOODLATTE When these class actions are pending in would be treated as depreciation recapture. As OF VIRGINIA state courts, however, there is no cor- a result, tax on this gain must be paid imme- IN THE HOUSE OF REPRESENTATIVES responding mechanism for consolidating the diately in the year of sale. Because these new competing suits. Instead, a settlement or judg- rules generally applied to intangibles acquired Thursday, March 6, 2003 ment in any of the cases makes the other after August, 1993, business owners are now Mr. GOODLATTE. Mr. Speaker, I am class actions moot. This creates an incentive only just beginning to feel the effects of the re- pleased to introduce today, along with my for each class counsel to obtain a quick settle- capture rule. This rule is having a particularly good friends from Virginia, Mr. BOUCHER and ment of the case, and an opportunity for the adverse effect on service businesses, because Mr. MORAN, and the Chairman of the Judiciary defendant to play the various class counsels intangibles such as goodwill and going con- Committee, Mr. SENSENBRENNER, the Class against each other and drive the settlement cern value represent a major portion of the Action Fairness Act of 2003. value down. The loser in this system is the value of those businesses. This much-needed bipartisan legislation cor- class member whose claim is extinguished by For a simplified example, take the case of a rects a serious flaw in our federal jurisdiction the settlement, at the expense of counsel business owner who purchased an interest in statutes. At present, those statutes forbid our seeking to be the one entitled to recovery of an architectural firm for $100 in 1993, sub- federal courts from hearing most interstate fees. stantially all of the value of which was attrib- class actions—the lawsuits that involve more Our bill is designed to prevent these abuses utable to going concern value. The owner, money and touch more Americans than vir- by allowing large interstate class action cases who has actively participated in the business, tually any other type of litigation in our legal to be heard in federal court. It would expand retires in 2009 and sells the business for system. the statutory diversity jurisdiction of the federal $200, payable in ten equal annual install- The class action device is a necessary and courts to allow class action cases involving ments. This sale would produce $100 of cap- important part of our legal system. It promotes minimal diversity—that is, when any plaintiff ital gain (at an assumed tax rate of 20%) and efficiency by allowing plaintiffs with similar and any defendant are citizens of different $100 of ordinary income (at an assumed tax claims to adjudicate their cases in one pro- states—to be brought in or removed to federal rate of 33%), generating a total tax of $53. Be- ceeding. It also allows claims to be heard in court.

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.047 E07PT1 E406 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 Article III of the Constitution empowers Con- MEDICAL LIABILITY INSURANCE THE COMMERCIAL TRUCK HIGH- gress to establish federal jurisdiction over di- CRISIS RESPONSE ACT OF 2003 WAY SAFETY DEMONSTRATION versity cases—cases ‘‘between citizens of dif- PROGRAM ACT OF 2003 ferent States.’’ The grant of federal diversity HON. MAX SANDLIN jurisdiction was premised on concerns that OF TEXAS HON. MICHAEL H. MICHAUD state courts might discriminate against out of IN THE HOUSE OF REPRESENTATIVES OF MAINE state defendants. In a class action, only the Thursday, March 6, 2003 IN THE HOUSE OF REPRESENTATIVES citizenship of the named plaintiffs is consid- Thursday, March 6, 2003 Mr. SANDLIN. Mr. Speaker, I am pleased ered for determining diversity, which means today to introduce legislation that actually ad- Mr. MICHAUD. Mr. Speaker, today, along that federal diversity jurisdiction will not exist if dresses the skyrocketing medical malpractice with my good friend TOM ALLEN, I am intro- the named plaintiff is a citizen of the same insurance premiums of such concern to physi- ducing the Commercial Truck Highway Safety state as the defendant, regardless of the citi- cians and other health care providers all Demonstration Program Act of 2003. This bill zenship of the rest of the class. Congress also across our Nation. would allow Maine to increase the weight lim- imposes a monetary threshold—now The ‘‘Medical Liability Insurance Crisis Re- its for trucks on interstate highways, by grant- $75,000—for federal diversity claims. How- sponse Act of 2003’’ takes significant steps di- ing a three-year waiver of federal rules. It ever, the amount in controversy requirement is rectly to address the insurance premium crisis mandates a study process that will help dem- satisfied in a class action only if all of the that plagues what is otherwise the finest onstrate the positive safety effects of these class members are seeking damages in ex- health care system in the world. changes, and permit the waiver to be ex- cess of the statutory minimum. First, the bill proposes a partial repeal of the tended pending these safety determinations. This bill is important both for public safety These jurisdictional statutes were originally McCarran-Ferguson Act to limit the antitrust exemption currently covering the medical mal- and economic reasons. The administration of enacted years ago, well before the modern the current 80,000 pound federal weight limit class action arose, and they now lead to per- practice insurance industry. Second, the bill addresses the current eco- law in Maine has forced heavy tractor-trailer verse results. For example, under current law, nomic strain faced by many health care pro- and tractor-semitrailer combination vehicles, a citizen of one state may bring in federal viders by requiring the prompt payment of un- traveling into Maine from neighboring States court a simple $75,001 slip-and-fall claim disputed claims by health insurance carriers and Canada, to divert onto small State and against a party from another state. But if a and penalizing those carriers who fail to com- local roads where higher vehicle weight limits class of 25 million product owners living in all ply. apply under Maine law. 50 states brings claims collectively worth $15 Third, the bill authorizes the creation of a The diversion of those vehicles onto such billion against the manufacturer, the lawsuit National Nurse Service Corps Scholarship roads causes significant economic hardships usually must be heard in state court. Program to address our health care system’s and safety challenges for small communities This result is certainly not what the framers dire nursing shortage. It takes steps to im- located along those roads. Permitting heavy commercial vehicles to travel on Interstate had in mind when they established federal di- prove recruitment, retention and education of System highways in Maine would enhance versity jurisdiction. Our bill offers a solution by our Nation’s nurses. public safety by reducing the number of heavy making it easier for plaintiff class members Fourth, the bill proposes medical mal- practice liability reform by requiring mandatory vehicles that use town and city streets, and as and defendants to remove class actions to mediation of all malpractice claims before trial, a result, the number of dangerous interactions federal court, where cases involving multiple by taking steps to prevent the filing of frivolous between those heavy vehicles and other vehi- state laws are more appropriately heard. medical malpractice claims through the impo- cles such as school buses and private cars. Under our bill, if a removed class action is sition of sanctions and other measures, and It would also reduce the net highway main- found not to meet the requirements for pro- by requiring that plaintiffs in medical mal- tenance costs in Maine because the Interstate ceeding on a class basis, the federal court practice litigation to file an affidavit of merit System highways, unlike the secondary roads would dismiss the action without prejudice and prior to the commencement of any litigation. of Maine, are built to accommodate heavy ve- the action could be refiled in state court. Fifth, the bill directly addresses the medical hicles and are, therefore, more durable. In addition, the bill provides a number of malpractice insurance problems confronting Finally, this bill would ensure that Maine can remain competitive in the transportation and new protections for plaintiff class members in- our Nation’s health care providers. It creates manufacturing sectors, and that our neighbors cluding a requirement that notices sent to an Advisory Commission on Medical Mal- do not pass us by in development. This class members be written in ‘‘plain English’’ practice to conduct an examination of current change is fair, and will promote parity in trans- and provide essential information that is easily problems and, within one year, to provide to the Congress specific legislative and regu- portation throughout New England. understood. Furthermore, the bill provides judi- I urge my colleagues to support this bill, cial scrutiny for settlements that provide class latory recommendations to solve the problem. It further freezes medical malpractice insur- which will enhance safety, lower maintenance members only coupons as relief for their inju- ance rates during the period of the Commis- costs, and promote economic development. ries, and bars approval of settlements in which sion’s study. The bill provides significant dis- f class members suffer a net loss. The bill also incentives to medical malpractice insurance includes provisions that protect consumers HONORING RIDGEWOOD BAPTIST carriers to address the current problems of in- CHURCH IN JOLIET, ILLINOIS from being disadvantaged by living far away dustry exodus and renewability of coverage. It from the courthouse. These additional con- requires medical malpractice insurance car- HON. JERRY WELLER sumer protections will ensure that class action riers to offer coverage to any physician with OF ILLINOIS lawsuits benefit the consumers they are in- no medical malpractice claims during the pre- IN THE HOUSE OF REPRESENTATIVES tended to compensate. vious three years and imposes significant dis- Thursday, March 6, 2003 This legislation does not limit the ability of closure obligations on carriers to allow more anyone to file a class action lawsuit. It does informed monitoring of the industry with the Mr. WELLER. Mr. Speaker, I rise today to not change anybody’s rights to recovery. Our goal of averting similar crises in the future. In honor the Ridgewood Baptist Church in Joliet, bill specifically provides that it will not alter the addition, it limits the ability of carriers to raise Illinois. The Ridgewood Baptist Church is cele- substantive law governing any claims as to malpractice insurance premiums without a brating its 100th anniversary on March 9, which jurisdiction is conferred. Our legislation clear demonstration of business necessity. 2003. merely closes the loophole, allowing federal Sixth, the bill expresses the sense of Con- In 1888, Mr. William Rix, Mr. Hartwell, and Reverend J. W. Conley started Sunday School courts to hear big lawsuits involving truly inter- gress that states should consider additional meetings that were held in various homes. In state issues, while ensuring that purely local and alternative methods to address medical malpractice insurance rates. 1891, an unsightly building formerly used as a controversies remain in state courts. This is Finally, the bill provides tax incentives to pest house was cleaned and renovated. This exactly what the framers of the Constitution physicians who practice in high-risk specialties is where the first Sunday School session was had in mind when they established federal di- or medically underserved areas to encourage held with George L. Vance acting as Super- versity jurisdiction. them to maintain their current practices and intendent. In 1895, property was purchased on I urge each of my colleagues to support this provide improved access to our Nation’s the southeast corner of Brown and Leach Ave- very important bipartisan legislation. health care system. nues at a cost of $400. A Chapel was built

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.050 E07PT1 March 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E407 and dedicated in November 1896, at a total Fauchard Academy and the Academy of Den- Well before the war, FDR, anticipating a cost of slightly more than $2500 and at that tistry International. possible war with Japan, had commissioned time was nearly debt-free. On March 8, 1903, Besides his Fellowships, Dr. Yanase is an his own secret intelligence investigation of active member of the Pacific Coast Society of Japanese aliens and their loyalties. Leading 32 people met in the chapel and organized this effort were John Franklin Carter (an au- themselves into what has since been known Prosthodontists, American Academy of Geri- thor and columnist) and Curtis Munson (a as the Ridgewood Baptist Church. During that atric Dentistry, the Newport Harbor Academy prominent Republican businessman). And March, a church covenant was adopted, a of Dentistry, Omicron Kappa Upsilon and the the Office of Naval Intelligence (‘‘ONI’’) and baptistry was built and the Plano Baptist Japanese American Dental Society. the FBI were for quite some time before Church donated their old church pews. Out of Dr. Yanase and his wife Regina have been Pearl Harbor, gathering names of Japanese this humble beginning, Ridgewood Baptist married for 33 years and live in Torrance. aliens who might need to be apprehended in Church emerged. Mr. Speaker, it is with tremendous pride that the event of war. ONI and the FBI actually compiled a list of such aliens which came to The Church has grown in many ways since I recognize the exceptional life of Dr. Roy Yanase. I congratulate him for his many ac- be called the ‘‘ABC’’ list—so named because its humble beginnings. Today, around 300 the list presented three categories (Category people attend services at Ridgewood Baptist complishments and wish him and his family the best of luck in years to come. A, Category B, and Category C) of poten- Church. In 1974, the Church opened its doors tially dangerous aliens. (In the days after to their new school, Ridgewood Baptist Acad- f Pearl Harbor, all of the aliens in these three emy. Reverend Albert Baker is the current JAPANESE AMERICANS categories were in fact arrested—a total of pastor of the Church. Reverend Baker’s vision some 1500.) for the church is to have more land for the Carter and Munson’s investigations had led HON. MICHAEL M. HONDA them to conclude that the overwhelming ma- sports programs at the school. He also desires OF CALIFORNIA jority of Japanese aliens and an even greater spiritual growth for his people and a desire to IN THE HOUSE OF REPRESENTATIVES percentage of American citizens of Japanese share their worship with others. ancestry were in fact loyal to the United Mr. Speaker, I urge this body to identify and Thursday, March 6, 2003 States, and that of those whose loyalty was recognize other groups in their own districts Mr. HONDA. Mr. Speaker, one of the most even questionable, few could be expected whose actions have so greatly benefitted and concise rebuttals that I have read to the notion even to consider actually doing something to strengthened America’s families and commu- that Japanese Americans were placed in the support Japan or undermine the United nities. camps because they either posed a national States. Carter and Munson grew alarmed by security threat or for their own safety comes Knox’s report and the anti-Japanese outcry f that followed it. from a law professor from the University of Carter and Munson quickly put together a HONORING ROY T. YANASE, D.D.S. North Carolina, Chapel Hill in a letter dated plan for FDR’s consideration that was de- February 7, 2003. 1 would like to submit this signed to bolster the Japanese American HON. JUANITA MILLENDER-McDONALD letter at this point in the Record. communities of Hawaii and the West Coast. OF CALIFORNIA THE UNIVERSITY OF NORTH CAROLINA AT Their plan called for a number of things: CHAPEL HILL FDR was urged to go on record as believing IN THE HOUSE OF REPRESENTATIVES Chapel Hill, North Carolina, February 7, 2003. in the loyalty of American citizens of Japa- Thursday, March 6, 2003 Hon. HOWARD COBLE, nese ancestry (the ‘‘Nisei’’). The Nisei should U.S. House of Representatives, Rayburn House be invited to volunteer (and then should be Ms. MILLENDER-MCDONALD. Mr. Speaker, Office Building, Washington, DC. accepted) for patriotic service in the Red I rise today to recognize my friend and true DEAR REPRESENTATIVE COBLE: I am a pro- Cross and civilian defense. The Nisei should legend, Dr. Roy Yanase, a nationally and fessor of law at the University of North be encouraged to take control of their alien internationally prominent prosthodonist. I have Carolina School of Law in Chapel Hill. My parents’ property. Once investigated, the known Dr. Yanase for more than a decade areas of expertise include constitutional law Nisei should be allowed to take jobs in de- and am honored to pay tribute to his profes- and especially the story of the internment of fense plants. Carter and Munson also urged sional accomplishments and his dynamic men- Japanese Americans during World War II. the government to work closely with the toring of hundreds of dental students through- My book on the subject, Free to Die for their Japanese American Citizens League, which Country: The Story of the Japanese Amer- out Southern California. had indicated its willingness to serve as a ican Draft Resisters in World War 11 (Univ. loyal liaison with the Japanese American Dr. Yanase’s energy is boundless, his smile of Chicago Press, 2001), was named one of the community. matchless, and his compassion far-reaching. Washington Post’s Top Nonfiction Titles for The goals of the Carter-Munson plan were He graduated from the University of Southern 2001. many, but they included the discouragement California in 1969 and returned there for ad- I have followed with interest and concern of vigilante violence against Japanese Amer- vanced training in a residency to obtain his the story about your comments on the radio icans and Japanese aliens. The hope was that Board Certification as a Prosthodontist in on Tuesday morning to the effect that you if FDR came out quickly and loudly in sup- support the internment of Japanese Ameri- 1981. Dr. Yanase has been on the faculty of port of people of Japanese ancestry, and in- cans during World War II, and that the Roo- volved them quickly in activities that would the University of Southern California School of sevelt administration interned Japanese permit their loyalty and patriotism to shine Dentistry since 1969 and presently serves as Americans to protect them. through, others would not see them as a a Clinical Professor of Continuing Education I note that you were quoted in the High threat. and Advanced Prosthodontic Education. Point Enterprise as saying the following: ‘‘I The Carter-Munson plan was submitted to Over the past 25 years, Dr. Yanase has lec- still stand by what I said . . . that, in no Roosevelt before Christmas. By mid-Janu- tured internationally and throughout the United small part, it (internment) was done to pro- ary, it was completely forgotten—suspended States. His writings on the specialty of tect the Japanese-Americans themselves.’’ by other pressures that I’ll detail in a mo- The article further states that you said that ment. And here’s the important point: the prosthodonties have appeared in several pub- if it were proven to you that protecting Jap- Carter-Munson plan was the only plan for lications as well as three major textbooks. anese Americans was not one of FDR’s moti- dealing with Japanese Americans that took Dr. Yanase has held responsible positions vations, you will apologize. their security into account in any way. It in several national and regional organizations Here is the proof. never got off the ground. including serving as Founder, President and Just after the Pearl Harbor attack, FDR, Why didn’t it get off the ground? For four current Treasurer of the Osseointegration asked Navy Secretary Frank Knox to inves- main reasons. tigate the possibility, that Fifth Column Study Club of Southern California; member of First, by late January 1942, General John work by people of Japanese ancestry in Ha- DeWitt (the commanding officer of the West the Board of the American College of Prostho- waii had contributed to the success of the Coast Defense Command) and his advisor dontists and President of its California Section; Japanese sneak attack. Knox reported his Karl Bendetsen had become persuaded that Prosthodontic consultant for the California conclusions to FDR by December 15, and on mass action to remove all people of Japanese State Board of Dental Examiners; President of that day, said to reporters that he thought ancestry from the West Coast was necessary the Southern California Japanese-American ‘‘the most effective Fifth Column work of for military reasons. Their viewpoint was fed Dental Society; and President of the Pacific the entire war was done in Hawaii with the largely by outrageous rumors of Japanese Coast Society of Prosthodontists. possible exception of Norway.’’ J. Edgar Hoo- American subversion, none of which ever ver immediately registered his strong dis- panned out. Dr. Yanase has been elected as a Fellow of agreement with Knox’s conclusions, and it Second, by mid-January, a rabidly racist the American College of Dentists, the Inter- turns out that Knox was wrong and Hoover press along the Coast had begun cam- national College of Dentists, the American was right. But it was Knox’s views that were paigning for the eviction of all ‘‘Japs’’ from College of Prosthodontists, the International made public, and they triggered hysteria on the area—not for their protection, but be- College of Prosthodontists, the Pierre the West Coast. cause they could not be trusted.

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MR8.053 E07PT1 E408 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 Third, white farmers in California began than 10 years ago, totaling nearly 23 million the 108th Congress has an historic oppor- lobbying ferociously for the removal of all acres in 18 states. In Idaho alone there are 86 tunity—if it can muster the wisdom and cour- people of Japanese ancestry—not to protect wilderness study areas totaling about 3.1 mil- age to embrace it. them, and not even really for national secu- rity reasons, but to drive the very successful lion acres. f Sixty-three of the 67 Idaho parcels managed Japanese farming industry out of business. CONGRATULATIONS TO CONGRESS- And fourth, their lobbying, and the voices by the Bureau of Land Management have of the editorialists, succeeded in pushing been locked up since the early 1980s—even MAN VERNON J. EHLERS most of the congressional delegations of the though 40 of them have been found unsuitable West Coast states to demand mass exclusion. for wilderness protection. The other four have HON. PETER HOEKSTRA As Professor Greg Robinson says in his au- been withdrawn from multiple-use since 1976. OF MICHIGAN thoritative treatment of the subject, ‘‘By Most of the 19 Forest Service wilderness Order of the President; FDR, and the Intern- IN THE HOUSE OF REPRESENTATIVES study areas have been in place since the mid- ment of Japanese Americans’’ (Harvard U. Thursday, March 6, 2003 Press, 2001). ‘‘the binding factor among these I980s and two have held that status since disparate social, economic, and military 1972. Mr. HOEKSTRA. Mr. Speaker, I rise today forces was racial animosity toward Japanese That means Congress has dragged its feet to congratulate my colleague, Congressman Americans.’’ (p.90) and obstructionists have gladly accepted the VERNON J. EHLERS of Grand Rapids, MI, on Through late January and early February, do-nothing status quo on these lands through receiving the prestigious 2002 Philip Hauge Attorney General Francis Biddle, and his the administrations of seven presidents and Abelson Prize. staff fought with the military to prevent during the entire lifetime of many working peo- The Abelson Prize is awarded annually to mass action against Japanese Americans. honor a public servant for exceptional con- But it was too late. On February 11, 1942, ple in Idaho. Secretary of War Henry Stimson sent FDR a The problem stems from the failure of the tributions to advancing science, or a scientist memo asking whether he’d be willing to sup- Wilderness Act of 1964 and the Federal Land for a distinguished career of scientific achieve- port ‘‘mov[ing] Japanese citizens as well as Policy and Management Act of 1976, which ment. It is granted by the American Associa- aliens from restricted areas.’’ Getting no re- created the wilderness study area process, to tion for the Advancement of Science (AAAS), sponse, Stimson phoned FDR on February 15 provide for release of areas eventually the world’s largest general scientific organiza- to ask for a meeting on the memo. FDR said deemed unsuitable for wilderness designation. tion and publisher of the journal, ‘‘Science.’’ he was too busy for a meeting, but in ‘‘very America’s Wilderness Protection Act ad- This award is much deserved. Congress- vigourous’’ tones told Stimson that the mili- dresses that intractable situation by estab- man EHLERS received his Ph.D. in nuclear tary should do whatever they thought best. FDR predicted that ‘‘there would probably lishing a timetable for completion of wilderness physics from the University of California at be some repercussions but it has got to be studies. Lands designated as study areas Berkeley in 1960. In 1966 he began teaching dictated by military necessity.’’ would be released from that status on the ear- at Calvin College in Grand Rapids, MI and On February 19, 1942, FDR signed Execu- lier of: (1) 10 years after the legislation is en- later became chairman of the college’s phys- tive Order 9066, which gave the military cart acted; (2) the date the area is designated wil- ics department. Following a distinguished ca- blanche to do what they wished with Japa- derness by Congress, or (3) the date that the reer in teaching, scientific research and com- nese, aliens and American citizens of Japa- secretary of Interior or Agriculture determines munity service, Congressman EHLERS joined nese ancestry along the West Coast. There is the proof. A concern for pro- the area is unsuitable for wilderness designa- this body in 1994, becoming the nation’s first tecting Japanese Americans had nothing tion. research physicist elected to Congress. He whatsoever to do with the decision to force In the past, some have referred to acreage serves the 3rd Congressional District of Michi- Japanese Americans behind barbed wire. allowed to languish as wilderness study areas gan, which directly borders the district I rep- Nothing. for decades as ‘‘de facto wilderness.’’ This resent. (My sources for this account include Greg term is too kind. Designated wilderness has While serving, Congressman EHLERS has Robinson’s book, Peter Irons’s Justice at the advantage under law of being actively employed his scientific expertise to the benefit War, and Personal Justice Denied, the report managed to retain its values. Wilderness study of our country. In 1997 the House Speaker se- of Congress’s Commission on the Wartime Internment and Relocation of Civilians. areas, on the other hand, are virtually un- lected him to review and restate the nation’s This, you’ll recall, was the fact-finding Com- touchable. These lands are left to overgrowth, science policy. The study, ‘‘Unlocking Our Fu- mission that Congress created in the early disease and infestation by noxious weeds and ture: Toward a New National Science Policy,’’ 1980s to investigate the internment. Their re- other invasive species. They become ripe for was the first full policy statement on federal port, condemning the internment, led to the catastrophic wildfires that threaten not only the science and technology by the U.S. Congress. passage of the Civil Liberties Act of 1988, acreage being ‘‘studied’’ for preservation but In addition, he currently serves as Chairman signed into law by President Reagan, which nearby private and public land as well. of the Subcommittee on Environment, Tech- apologized to surviving internees for the in- Critics contend this bill would eliminate any nology and Standards for the House Science ternment, and authorized the payment to each of them of a token $20,000 redress pay- incentive for ranchers and other multiple-use Committee. ment. You will also recall that you spoke advocates to become engaged in earnest dis- Mr. Speaker, Congressman EHLERS brings and voted against this bill. cussions of possible wilderness designations. to this body both a unique scientific back- I hope that you will take this opportunity The argument goes that they would only have ground and a strong commitment to use his to admit the mistake in your comments of to wait out the process and protection ulti- knowledge and abilities for the public good. Tuesday morning and apologize for them. mately would be denied any parcel they Please allow me to congratulate him once Thank you for considering this. choose. That couldn’t be further from the truth. again on his most recent honor and thank him Sincerely, There are no more avid outdoors enthu- for his exemplary public service. ERIC L. MULLER, Professor of Law. siasts and conservationists than those who f make their living from the land. They have a f deep understanding of the cycles of life and THE PRESIDENT STILL HAS NOT INTRODUCTION OF THE AMERICA’S the value of protecting and cherishing the nat- MADE THE CASE THAT WAR WILDERNESS PROTECTION ACT ural world. They appreciate the importance of AGAINST IRAQ IS NECESSARY stewardship; it’s a principle they embody every AT THIS TIME HON. C.L. ‘‘BUTCH’’ OTTER day. OF IDAHO While the land itself is timeless, the scenic, HON. GEORGE MILLER IN THE HOUSE OF REPRESENTATIVES cultural, habitat and aesthetic values of any OF CALIFORNIA particular tract—if left to the ravages of time— IN THE HOUSE OF REPRESENTATIVES Thursday, March 6, 2003 are decidedly limited. Just as vulnerable are Mr. OTTER. Mr. Speaker, I rise before the the economic futures of the many families Thursday, March 6, 2003 House today to introduce the America’s Wil- whose livelihoods have been stripped away by Mr. GEORGE MILLER of California. Mr. derness Protection Act—a bill to apply ur- the loss of access to so much of what now Speaker, I rise to express my grave concern gency and accountability to the process of can only laughingly be called ‘public’ land in over the Bush Administration’s approach to- evaluating potential wilderness by setting firm the West. ward Iraq. deadlines. This legislation promotes resolution and col- I believe that this Administration is now, and There are 666 wilderness study areas laboration. After a generation of paralyzing in- has always been, determined to go to war and across the nation that were designated more decision and refusal to accept responsibility, that it has never taken all the steps available

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.056 E07PT1 March 7, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E409 to avert a war while also achieving its goals tions. I would hope that this Administration SUPPORT FOR NATIONAL AQUATIC toward that country. would strongly consider the harrn to America’s INVASIVE SPECIES ACT AND This Administration’s approach ill serves the standing in the world as it deals with the mem- AQUATIC INVASIVE SPECIES RE- American people and is dangerous for Amer- bers of the United Nations. And I would hope SEARCH ACT ica’s position in the world. that this Administration would remember that Iraqi leader Saddam Hussein should adhere America is a peaceful nation, it is a just na- HON. JOHN M. McHUGH to the demands of the United Nations Security tion, and a strong nation. America is not, and OF NEW YORK Council to destroy any weapons of mass de- IN THE HOUSE OF REPRESENTATIVES should never become, a nation that is proud to struction, to refrain from further development Thursday, March 6, 2003 of such weapons, and to cease and desist go to war. CHUGH. Mr. Speaker, I wish to ex- from hostilities towards his own people and his Should it be determined that war indeed is Mr. M press my support for the National Aquatic neighbors. He has not yet done so. necessary, I have every confidence that the But the fact is that the United States has Invasive Species Act and the Aquatic Invasive armed forces of this country will perform their Species Research Act that was reintroduced never given the United Nations process its full responsibility with strength and character. I respect. The President’s national security advi- March 5, 2003. I want to first thank my col- have always admired the men and women sors have said they have intelligence to prove leagues, Mr. EHLERS and Mr. GILCHREST, for that Iraq is failing to comply with the United who choose to serve in the armed forces. I all of the hard work, initiative, and time that Nations’ resolutions and is deceiving the admire them for their hard work, their sense of they and their staffs have invested in this much needed legislation. weapons inspectors, but it has not fully di- duty to our country, and their sense of respon- sibility. But it is because of that very character My district in Upstate New York is impacted, vulged that intelligence to the inspectors. environmentally, economically, and socially, by The President has said that the United Na- and sense of duty to our nation that our gov- the health and future viability of the Great tions must vote to use force because the ernment must exhaust every alternative to war Lakes. I know that New York State is only one weapons inspections are not working. And yet before placing those men and women in of many states that directly feel the negative he has never advocated for a robust weapons harm’s way. effects of invasive species. Aquatic invasive inspection regime. Even though chief weapons species are destroying the environment of the inspector Hans Blix is reporting that progress The measure of the strength of a nation is its ability to show appropriate restraint just as Great Lakes, damaging the Great Lakes fish- is being made, albeit slowly, the fact is that we eries, and costing taxpayers an estimated much as it is its ability to protect itself and its could have made even more progress with a $138 billion annually. It is important that we tripling of the inspections team and an early allies. Mr. Speaker, millions of Americans and set interim standards for balanced water treat- insistence on the use of U2 spy plane over- people throughout the world support allowing ment systems so that we can control and see flights. more time for weapons inspections. I believe a significant decline in the increasing threat The President has an obligation to take they are right and I believe our nation will be posed by aquatic invasive species to our every step possible short of war before deter- well served to allow more time for a rigorous aquatic ecosystems and natural resources. mining whether or not war is necessary. I do inspections program. These two pieces of comprehensive legisla- not believe that the conclusion today can be tion would reduce the introduction of aquatic reached that war is necessary. f invasive species from ships and from other I believe that more time can safely be given pathways through a variety of standards, re- to weapons inspections without risking a uni- NATIONAL COALITION AGAINST search, and management programs. They lateral attack by Iraq against the United States DOMESTIC VIOLENCE DAY complement one another in a variety of mean- or our allies. ingful ways and I am hopeful that this body I do not believe that the facts indicate that will be committed to moving these important Iraq poses a threat to the security of the HON. TIM HOLDEN pieces of legislation through the legislative United States. process so that we, as a Congress, can prop- But perhaps just as important, I believe that OF PENNSYLVANIA erly address this problem. the weapons inspection regime is keeping IN THE HOUSE OF REPRESENTATIVES Aquatic invasive species is one of many Saddam Hussein occupied and that an even reasons I have long stood in opposition to the more robust weapons inspection regime would Thursday, March 6, 2003 Great Lakes Navigation System Review study cripple any offensive capability he might con- that was recently funded in the Fiscal Year template. Mr. HOLDEN. Mr. Speaker, I rise today to 2003 Energy and Water Development Appro- Mr. Speaker, America’s standing in the speak out against domestic violence. Domes- priations bill. If expansion and dredging of the world is jeopardized by the President’s posi- tic violence is a harsh reality facing our coun- St. Lawrence Seaway were to occur, we tion on Iraq. try that we as a Congress must stand up and would inevitably see the introduction of and President Bush has stood by while North fight against. exponential increase of aquatic invasive spe- cies. The reasons I voice my support today of Korea becomes a nuclear nation, but he has In my seven years as a County Sheriff, I en- badgered and bullied nearly every nation in the National Aquatic Invasive Species Act and countered hundreds of domestic violence the world to support his position against Iraq, the Aquatic Invasive Species Research are whose military capabilities are far more limited cases. This is a societal problem that knows consistent and unwavering with the stand I than those of North Korea. The world commu- no income barriers, no racial barriers, and no have taken long before today on this incredibly nity has rarely received such bellicose and geographic barriers. important issue. I am committed to the dis- belligerent treatment as they have from the Within our society, domestic violence covery of methods, and to fully funding those methods, that would work to decrease, and I United States on the issue of Iraq. causes irreparable damage to the family. Do- The President weakens the international alli- hope, one day, eradicate, invasive species of mestic violence is a main cause for child ne- all kinds in the waters of our region. ance against terrorism and other world threats glect and severely distorts a child’s perspec- f as he bullies nations to support his march to tive on the relationship between mother and war. father. GLOBAL HIV/AIDS PANDEMIC These nations are not admirers of Saddam Hussein, but they are opponents of war when The sight of a victimized mother is a sight SPEECH OF war has not yet been proven to be necessary. no child in this country should ever see. Chil- HON. ELIJAH E. CUMMINGS And the American people are not admirers dren who are raised in homes where domestic OF MARYLAND of Saddam Hussein. But they too strongly be- violence continues live in fear for their own IN THE HOUSE OF REPRESENTATIVES lieve that war must be the last resort and only lives, afraid to speak out so they won’t be- Wednesday, March 5, 2003 when absolutely necessary and only with inter- come the victim. national support. This Administration chose Mr. CUMMINGS. Mr. Speaker, I would like war as its first response and has not changed Now more than ever, it is time to stand up to revise and extend my remarks to include a course since. against these domestic bullies. We must lead letter I referenced during my special order Mr. Speaker, I would hope that the Adminis- the way as a Congress to end this disgrace statement yesterday on the issue of the Presi- tration would strongly consider world opinion and provide a safer way of life for all of Amer- dent’s Emergency Plan for AIDS Relief, an- that advocates more time for weapons inspec- ica’s families. nounced during his State of the Union address

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.059 E07PT1 E410 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 this past January. This is the letter that I and now, and to develop the systems needed to moved from power, and Serbia and Monte- other members of the CBC, AIDS activist save tens of millions more in the future. negro should not be placed on the same list groups and the faith-based community wrote Each day we delay in mounting a com- of states not granted normalized trade rela- prehensive—and compassionate—response to tions as Cuba, North Korea or Laos. Other to President Bush on December 18, 2002 ask- the global AIDS and TB pandemics, the cost ing him to announce a presidential initiative to in human, social, and economic terms grows. countries with far worse records, including address this vexing problem. You will have our strong support and the Belarus and the Central Asian states, at least CONGRESS OF THE UNITED STATES, support of the American people for a bold receive the benefits of normalized trade rela- Washington, DC, December 18, 2002. new initiative to save families and commu- tions on a conditional basis which Serbia and President GEORGE W. BUSH, nities affected by the AIDS crisis, to extend Montenegro is denied. 1600 Pennsylvania Avenue, the parent-child relationship, and to secure By fixing this, I hope Belgrade recognizes Washington, DC. the future of young people. that we want reforms to succeed and recovery DEAR PRESIDENT BUSH: As members of the Sincerely, and reform take place. Congressional Black Caucus, we are writing Barbara Lee, Donna Christian- to draw your attention to the growing spread Belgrade also needs to know, Mr. Speaker, Christensen, Edolphus Towns, Charles that restoring NTR does not mean satisfaction of HIV/AIDS throughout the developing B. Rangel, Julia Carson, Juanita world. It would be impossible to overstate Millender-McDonald. with Belgrade’s performance to date. While the devastation caused to date by the global Maxine Waters, Danny K. Davis, Robert there has been progress, that progress has AIDS pandemic, or the urgency of the need Scott, Elijah E. Cummings, William been too slow, and some issues remain unre- for a greater response from the United ‘‘Lacy’’ Clay, Stephanie Tubbs Jones. solved. Chief among these issues is Belgrade States and the global community. With 42 Eddie Bernice Johnson, Bobby L. Rush, continued resistance to full cooperation with million people currently living with HIV/ Carolyn C. Kilpatrick, Diane E. Wat- the International Criminal Tribunal for the AIDS—29.4 million of them in Sub-Saharan son, Gregory W. Meeks, Major R. Former Yugoslavia, located in The Hague. It is Africa—14 million children already orphaned Owens. by the disease, and 70 million more people especially outrageous that persons respon- Harold Ford, Jr., John Conyers, Jr., sible for the crimes committed at Vukovar and expected to die by 2020, we must do more Alcee L. Hastings, Sheila Jackson-Lee, now. We must respond on an appropriate Eleanor Holmes Norton, Donald M. Srebrenica continue to be at large and per- scale to address the greatest plague in re- Payne, Sanford D. Bishop, Jr., Bennie haps even protected by Yugoslav or Serbian corded history. G. Thompson, Melvin L. Watt, Corrine authorities. The United States, as the world’s wealthi- Brown, Chaka Fattah, Jesse Jackson, While trade relations may not be condi- est nation, must take greater action by con- Jr., James Clyburn, Albert R. Wynn. tioned on further progress, U.S. bilateral as- tributing its fair share, and in doing so we sistance to Serbia is. If there is not a major can help galvanize the global response that f improvement in Belgrade’s cooperation with we so desperately need. As you prepare to MISCELLANEOUS TRADE AND travel to Africa in January, and as you pre- The Hague by June 15, assistance to Serbia pare your budget for fiscal year 2004, you TECHNICAL CORRECTIONS ACT will stop. The Administration must certify have a remarkable opportunity to dem- OF 2003 progress before assistance continues past that onstrate United States leadership against date, and the State Department has made AIDS at a moment when the world will be SPEECH OF clear that a precondition for certification is the watching. We urge you to launch a major HON. CHRISTOPHER H. SMITH apprehension and transfer of Ratko Mladic, in- new U.S. initiative to fight AIDS, as well as dicted for the massacre of thousands at tuberculosis and malaria. TB is the leading OF NEW JERSEY killer of people with HIV, claiming 2 million IN THE HOUSE OF REPRESENTATIVES Srebrenica, and Veselin Sljivancanin and Miroslav Radic, indicted for their role in the lives each year despite the existence of an ef- Wednesday, March 5, 2003 fective and inexpensive cure, while malaria massacre of about 200 individuals taken from kills nearly one million people each year, Mr. SMITH of New Jersey. Mr. Speaker, a a hospital in Vukovar, Croatia. most of them young children in Africa. decade ago we began witnesses to genocide As co-chairman of the Helsinki Commission, An expanded U.S. Initiative to fight AIDS in Europe. By stirring up nationalism, I urge Belgrade not only to meet their inter- must: harassing opposition and intimidating the pop- national obligations relating to ICTY not just to Provide at least $2.5 billion for implemen- the point of obtaining certification for another tation of global AIDS programs in 2004, as ulation as a whole to go along with his plans, well as additional funds to combat TB and the regime of Slobodan Milosevic led Serbia year. Cooperation should be full. Only then malaria. At least 50 percent of this should go into a war of aggression against its neighbors can the conditionality on assistance be re- to the Global Fund to Fight AIDS, TB and within the former Yugoslavia. Millions were moved for good. Malaria. displaced, hundreds of thousands killed and f Prioritize treatment, as well as prevention tens of thousands raped or tortured, particu- SMALL BUSINESS DEVELOPMENT and care, for those affected—including an ex- larly in Bosnia-Herzegovina. In response, panded mother-to-child transmission initia- CENTER tive that would detect and treat entire fami- largely at the urging of the U.S. Congress, lies, and including funding and personnel as sanctions were put into place and, ultimately, HON. TOM UDALL needed to implement the WHO call to treat military intervention was employed to stop OF NEW MEXICO three million people with HIV by 2005. Milosevic. IN THE HOUSE OF REPRESENTATIVES Promote developing countries access to In 2000, the voters of Serbia removed sustainable supplies of affordable medicines Milosevic from power. In place of his regime, Thursday, March 6, 2003 for AIDS and other diseases such as oppor- an opposition consisting of genuine reformers Mr. UDALL of New Mexico. Mr. Speaker, it tunistic infections in accordance with the and true democrats along with a fair share of Doha Ministerial Declaration on the TRIPS gives me great pleasure to rise today to intro- Agreement and Public Health and oppose Serbian nationalists took control of govern- duce legislation which amends the Small Busi- any attempts to limit the scope of the Dec- ment. Since that time, the ruling opposition fell ness Act to authorize a Small Business Devel- laration. into polarized camps, making recovery and re- opment Center in an eligible State to apply for Expand programs for children orphaned by form difficult. This situation also created a an additional Small Business Administration AIDS. challenge in U.S. foreign policy. On the one grant to be used solely to provide specified Seek debt cancellation for impoverished hand, the United States wants to encourage services to assist with outreach, development, countries, so they can invest in poverty re- Belgrade and facilitate reform. On the other, duction and AIDS programs. and enhancement on Indian lands of small Most importantly, a U.S. initiative should the United States must ensure that the legacy business startups and expansions that are consist of new monies and policies that com- of Slobodan Milosevic has been fully shed, a owned by Indian tribe members, Alaska Na- plement existing U.S.-supported programs prerequisite for recovery throughout south- tives, or Native Hawaiians. and are additional to the Millennium Chal- eastern Europe. I introduced this legislation during the 107th lenge Account (MCA). The MCA, however, The Miscellaneous Tariff Bill, H.R. 1047, Congress where it passed the House and un- also must help meet the Millennium Devel- considered yesterday contains a provision fortunately was not considered in the Senate. opment Goal of halting and reversing the granting the President the authority to restore I am pleased to reintroduce this legislation spread of these diseases. We cannot win the war against AIDS with- normalized trade relations for Serbia and Mon- today and wish to thank Chairman MANZULLO out greater financial resources and a clear tenegro. I support this provision; normalized and Ranking Member VELAZQUEZ for their sup- plan of action for the United States. Pro- trade relations should be restored. Whatever port of this legislation as well as Representa- grams around the world are ready to scale up problems might remain, the fact is that there tives GRAVES, FRANKS, RENZI, MATHESON, KIL- prevention, treatment, and care to save lies has been progress since Milosevic was re- DEE, HAYWORTH, MARK UDALL, MILLENDER-

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MCDONALD, BALLANCE, CHRISTIAN- Over the years, Diann has provided out- ANDREW PITAS HONORED BY AIR CHRISTENSEN, GONZALEZ, ACEVEDO-VILA, standing customer support to Members, Com- TRAFFIC CONTROL ASSOCIATION CASE, MICHAUD, TUBBS JONES, CARSON, mittees, Leadership and Support Offices of the FALEOMAVEGA, BORDALLO, NAPOLITANO, and House. She began her service to the House HON. FRANK R. WOLF DAVIS for their support. on December 1, 1992, and served this great OF VIRGINIA This legislation requires a State receiving a institution in numerous capacities, most nota- IN THE HOUSE OF REPRESENTATIVES small business development center program bly with House Information Resources (HIR) Thursday, March 6, 2003 grant to request the advice of the governing under the office of the Chief Administrative Of- bodies of Indian tribes, corporations organized ficer. Mr. WOLF. Mr. Speaker, I want to share pursuant to the Alaska Native Claims Settle- with our colleagues a recent article from The In 1992, she was hired as a Committee con- ment Act and other Alaska Native entities, and Loudoun times-Mirror which honors my con- sultant to provide technical support to Com- Native Hawaiian organizations, as appropriate, stituent Mr. Andrew Pitas of Lucketts upon his mittee offices. Diann remained in that position on how best to provide assistance to such receipt of the Glenn Gilbert Award from the Air until 1995. Since 1995, she has worked as a members, Alaska Natives, and Native Hawai- Traffic Control Association for his lifetime com- Technical Support Representative servicing ians and where to locate satellite centers to mitment and leadership in the field of aviation. provide such assistance. Members, Committees, and Leadership of- I am proud to call attention to the achieve- Today we have demonstrated how important fices. Diann is highly skilled and very proficient ments of Mr. Pitas as he is honored with this small business enterprise is to the health of in providing office automation and technical prestigious award. On behalf of the people of our economy. But there are still places in this advice to House offices. Her efforts and work Virginia’s 10th Congressional district, I con- country where economic prosperity has often ethic are a true demonstration of excellence gratulate Mr. Andrew Pitas for his outstanding failed to reach. These areas deserve our at- and dedication to providing passionate cus- efforts in the field of air traffic control. tention and assistance. tomer service. Her previous federal experience [From The Loudoun Times-Mirror, Feb. 12, Consider this, nowhere in America has pov- as a Contracting Officer and her breadth of 2003] erty persisted longer than on and near Native knowledge of House office operations enabled LUCKETTS MAN HONORED FOR AVIATION American reservations, which suffer an aver- Diann to effectively manage the House Sys- LEADERSHIP age unemployment rate of 45 percent. How- tems Administrator contract for TechCare. This (By Scott Cissel) ever, the number of businesses owned by In- contract filled a need in many House offices Lucketts resident Andrew Pitas first expe- dian tribe members and Native Alaskans grew for professional Systems Administration. rienced air traffic control in 1941 when he en- listed in the U.S. Navy. One day a supervisor by 84 percent from 1992 to 1997, and their I know all of you join me in extending our at the Anacostia Naval Air Station in Wash- gross receipts grew by 179 percent in that pe- thanks and appreciation to this invaluable ington, D.C., asked the 17-year-old to work riod. This is compared to all businesses, which member of the House family. We wish the in the control tower. grew by 7 percent, and their total gross re- very best to Diann and her husband Jim as ‘‘It looked warm up there,’’ recalled Pitas, ceipts grew by 40 percent, in that period. they pursue the next phase of their life. who had been working outside in the chilly I would like to continue this growth and ex- air, inspecting airplane propellers for cracks. Now more than 60 years later, the Air Traf- pansion of small enterprise with the passage f fic Control Association, an organization co- of this legislation. My bill ensures that Native founded by Pitas in 1956 and based in Arling- Americans, Native Alaskans and Native Ha- HONORING THE COLORADO ARMY ton, is honoring him with the Glenn Gilbert waiians seeking to create, develop and ex- NATIONAL GUARD, COMPANY C, Award for his lifetime commitment and lead- pand small businesses, have full access to the 109TH MEDICAL BATTALION ership in the field of aviation. counseling and technical assistance available Only 15 people have received the award, in- through the SBA’s SBDC program. The busi- cluding U.S. Secretary of Transportation Norman Mineta and Najeeb Halaby, father of ness development tools offered by the SBDCs HON. SCOTT McINNIS Queen Noor of Jordan. Pitas’ name will be can assist Native Americans with the informa- OF COLORADO added to the Glenn Gilbert trophy, which is tion and opportunity to build sustainable busi- kept on permanent display in the National nesses in their communities. IN THE HOUSE OF REPRESENTATIVES Air and Space Museum in Washington, D.C. In an effort to ensure the quality and suc- ‘‘It’s kind of humbling,’’ Pitas said. ‘‘Air Thursday, March 6, 2003 cess of the program, the proposal requires traffic controlling is a team effort. There are SBA to include in the application, at a min- so many people you can get in trouble and Mr. MCINNIS. Mr. Speaker, I would like to who can get you in trouble. There are no imum, information requests regarding the ap- take this opportunity to recognize the men and cowboys in this business.’’ plicant’s goals and objectives, including the women of Company C of the Army National The 80-year-old, raised on a dairy farm in experience of the applicant in conducting pro- Guard’s 109th Medical Battalion for their will- Rhode Island, learned air traffic control grams or ongoing efforts designed to assist ingness to serve our country. The unit, based when it was a fledging technology. He was the business skills of small business owners in Montrose, Colorado, has been deployed to stationed in England during World War II as and the capability of such applicant to provide support America’s troops in Operation Endur- a controller. training and services to a representative num- After the war he worked at the Washington ing Freedom. They are preparing to protect Tower in D.C., now Reagan National Airport. ber of Native Americans, Native Alaskans and our national security in a time of international Returning to the farm, where as a boy he had Native Hawaiians. crisis. watched planes fly overhead en route to Bos- It is clear we can do more to aid Native ton, wasn’t an option. American entrepreneurs. Not enough has Company C has provided medical support ‘‘There were better ways to make a liv- been done to assist Native American’s in for U.S. operations in Honduras, Belize, and ing,’’ he said. ‘‘I had to milk cows morning building their businesses, which in turn helps Nicaragua. It provided airport security fol- and night.’’ benefit, their communities. I hope to change lowing the September 11th terrorist attacks Before radar became a standard practice after the war, some pilots refused to take that with my proposal. and assisted firefighters during one of the worst wildfire seasons in Colorado history. radar readings from controllers, according to f This time, its final mission and destination are Pitas. Others liked it so much they played THANKING MRS. DIANN CONDREY the radar position he broadcast to their pas- unknown. sengers in the cabin. FOR HER SERVICE TO THE HOUSE The men and women of Company C are And some pilots and crews had enough doctors and dentists, nurses and teachers, time to sing a greeting song to him as their HON. ROBERT W. NEY parents and newlyweds. They each leave fam- planes neared landing. Controllers knew OF OHIO many of the pilots by name then. ily, friends and jobs for at least one year to ‘‘In the early days we knew a lot of them,’’ IN THE HOUSE OF REPRESENTATIVES serve our nation. The sacrifice and dedication said Pitas. Thursday, March 6, 2003 of these volunteers are a credit to this country. As air traffic increased, so did the stress on Mr. NEY. Mr. Speaker, on the occasion of Mr. Speaker, it is a great privilege to recog- controllers, which prompted Pitas to develop a system that is now universally used—the her retirement on March 15th, we rise to thank nize Company C for its exemplary service to automated terminal information system. Mrs. Diann Condrey for her 26 years of out- the United States of America before this body The service sends a recording with continu- standing service to the federal government, in- of Congress and this nation. The courage of ously updated information on flight condi- cluding 10 years service to the U.S. House of these American men and women is an inspira- tions to pilots. Before, pilots had to radio Representatives. tion to all. the tower for updates.

VerDate Jan 31 2003 02:22 Mar 08, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MR8.065 E07PT1 E412 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2003 Pitas later brought his talent and exper- source of international recognition for con- work in preventing midair collisions and im- tise to the Federal Aviation Administration, trollers. proving communications. ‘‘It gives people all over the world an out- where he rewrote the handbook used by air ‘‘Had it not been for them I don’t think traffic controllers. let for their views,’’ he said. that air transport would have been as widely In 1956 he and some colleagues founded the Stanley L. Seltzer, chief controller at Air Traffic Control Association, perhaps his Washington Tower in the late 1940s, remem- accepted,’’ he said. most lasting contribution to the industry. bered Pitas not only for his technical inno- After retiring from the FAA in 1983, Pitas Air traffic controllers did not have retire- vations, but also for his leadership in the has pursued his interest in the history of air ment benefits or adequate insurance and pay ATCA. traffic control, including research on the in the 1950s, recalled Pitas, and they could ‘‘He was the live wire and the real go-get- first women controllers. ter,’’ said Seltzer, who now lives in Florida. suffer the blame of plane collisions even if He raised cattle on his farm in Lucketts ‘‘He was always saying that people didn’t they had performed their jobs well. before swelling it in 1990, and once stored a ‘‘It was almost like you were on your care enough about the controllers’ point of three-ton radio navigational device in one of own,’’ he said. ‘‘The ATCA was instrumental view. . . . ATCA really made it possible for his barns for the National Air and Space Mu- in getting the government to beef up protec- an exchange of thought on technical im- seum. tion. After all, we were agents of the govern- provements, and put a voice there that was ment.’’ never heard before.’’ Since 1986, Pitas has been assistant vice Through lobbying efforts and representa- Aviation was viewed as a safer way to trav- president of ATCA and has been active in se- tion in Congress, the ATCA gained better el by the public, according to Seltzer, be- curing funds for U.S. 15 road improvements benefits for its members and has become a cause of the early air traffic controllers’ between Leesburg and Point of Rocks, Md.

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