February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E237 EXTENSIONS OF REMARKS

IN HONOR OF DINA MATOS THE GOOD SAMARITAN TAX ACT WOLF, Representative HOYER, Representative MCGREEVEY, RECIPIENT OF THE LANTOS, Representative WAMP, Representative HISPANIC AMERICAN GOOD HON. AMO HOUGHTON SLAUGHTER, Representative ADERHOLT and SCOUT AWARD OF NEW YORK Representative HASTINGS, this resolution ex- pressing the sense of the Congress that the IN THE HOUSE OF REPRESENTATIVES sharp escalation of anti-Semitism, including vi- HON. ROBERT MENENDEZ Thursday, February 13, 2003 olence, throughout the region of the Organiza- tion for Security and Cooperation in Europe, OF NEW JERSEY Mr. HOUGHTON. Mr. Speaker, today I am pleased to join my colleague from Georgia, OSCE, is of serious concern to the U.S. Con- IN THE HOUSE OF REPRESENTATIVES JOHN LEWIS, in introducing the ‘‘Good Samari- gress and the American people. We should tan Tax Act’’, a bill that has been introduced make a concerted effort in our respective Thursday, February 13, 2003 in three previous Congresses. Former Con- countries to end this disturbing trend. Mr. MENENDEZ. Mr. Speaker, I rise today gressman Tony Hall (OH), now our Ambas- Anti-Semitism is a disease that has bedev- to honor the outstanding accomplishments of sador to the United Nations Agencies for Food iled previous generations of Jews throughout Mrs. Dina Matos McGreevey, who was hon- and Agriculture, who originally initiated this the centuries and formed a black spot on human history. As the 20th century witnessed ored on February 7th at the Hispanic Amer- proposal, was a cosponsor of the prior bills the nadir of extreme violence against the Jew- ican Good Scout Award Dinner at the Robert and the leading advocate for feeding the less ish community and their institutions, we must Treat Hotel in Newark, New Jersey. fortunate. The purpose of the bill is to help meet the take extraordinary steps to ensure this plague The First Lady of New Jersey, Mrs. Matos demand for food for the needy. The end of the does not infect the 21st century to contami- McGreevey has been an exceptional member economic boom has increased the need for nate future generations. Yet our work is cut of her community and a true leader for New additional resources to feed the hungry. In out for us, as this past year Europe witnessed Jersey. Currently the executive director of the fact, as more and more citizens are removed a profound increase in vandalism against Jew- Columbus Hospital Foundation in Newark, from the welfare rolls, or lose their jobs, many ish cemeteries, synagogues and cultural prop- Mrs. Matos McGreevey has worked to create turn to food banks for help. erty, as well as mob assaults, fire bombings programs such as the Senior Health Improve- The bill would increase the incentives for and gunfire. This year already a Jewish rabbi ment Program, which provides free edu- restaurants, farms and other businesses in the was stabbed twice in his Paris synagogue by cational programs and screening for New Jer- food industry to donate food to food banks, an assailant. Thankfully, he was released from sey seniors. As a member of the Portuguese homeless shelters and other charitable organi- the hospital the same day. Certainly our own American Congress of New Jersey and former zations. The Internal Revenue Code actually country is not immune, as acts of vandalism president of the Portuguese American Con- discourages contributions because of the un- and violence continue to sporadically occur. gress—Continuing Political Committee, she or- certainty regarding the tax treatment of dona- As these incidents made graphically clear, si- lence is not an option when we are witnesses ganized voter registration drives and assisted tions of food as compared to donations of to insensitivity and violence. thousands to become American citizens and other inventory. The bill has been designed to correct that deficiency. The Helsinki Commission, which I co-chair registered voters. We believe this bill would remove the uncer- and on which Mr. CARDIN serves has taken Dina Matos McGreevey continues to dem- tainty and provide the necessary incentive for the lead in voicing concern and working for onstrate her compassion for improving New businesses to increase their food donations. real change. On May 22, 2002, the Commis- Jersey’s communities. She is currently a trust- This would be accomplished by adding a pro- sion held a hearing to raise specific attention ee of the Ironbound Association, the Salvation vision to Section 170(e) of the Code that to the growing problem of anti-Semitic vio- Army Ironbound Boys’ and Girls’ Clubs and would indicate that the fair market value of do- lence in the OSCE region. From that hearing Senior Center Advisory Board, and the Wom- nated food is determined, (1) without regard to a number of initiatives emerged. At the OSCE en’s Auxiliary of Columbus Hospital. Mrs. internal policies, lack of market, or similar cir- Parliamentary Assembly Annual Session in Matos McGreevey is also a participant in cumstances, whether the food cannot or will Berlin last July, I introduced and successfully United Way’s Celebrity Reading Program and not be sold, and (2) if applicable, by taking secured unanimous approval of a resolution is an honorary chair of the Special Olympics into account the price at which similar prod- denouncing anti-Semitism and calling for all Complex Committee, the Drumthwacket Foun- ucts are sold by the taxpayer at the time of OSCE governments to do more. Mr. Speaker, dation, the Bernard W. Gimble Multiple Scle- contribution. These have been points of con- for the RECORD, I submit the text of the OSCE rosis Comprehensive Care Center Annual troversy with the Internal Revenue Service, PA resolution. Fundraiser, and D.A.R.E. causing uncertainty as well as disincentives to In addition, the U.S. delegation co-spon- incur the administrative and other costs nec- sored an unprecedented special session with Mrs. Matos McGreevey has served as com- essary for the proper handling and preserva- the German delegation to further discuss the missioner of the Planning Board of the City of tion of food being donated. In addition, Section alarming trend with our fellow parliamentar- Elizabeth and treasurer of the Portuguese 170(e) would be amended to include busi- ians. In December, the Commission co-hosted American Scholarship Foundation and the nesses in addition to C corporations, as the here in Washington a parliamentary forum on Northern New Jersey Maternal/Child Health current law provides. anti-Semitism with German parliamentarians, Consortium’s Planning Committee, and has We hope our colleagues will join us in co- also attended by a prominent member of the been a member of the New Jersey Health sponsoring this legislation. Senate of Canada, Jerry Grafstein. At the con- Care Public Relations and Marketing Associa- f clusion of this event, myself and the German tion. She is a fellow of the United Way of co-chair, Gert Weisskirchen, signed a letter of Essex and West Hudson Project Leadership CONDEMNING ANTI-SEMITISM intent highlighting specific areas for further Class of 1999. work and pledging to enlist the support of other parliamentarians from OSCE partici- Dina Matos McGreevey and Governor HON. CHRISTOPHER H. SMITH pating States. I have submitted a copy of the James E. McGreevey are the proud parents of OF NEW JERSEY letter of intent, for the RECORD. Jacqueline Matos McGreevey. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I am pleased to introduce this Today, I ask my colleagues to join me in Thursday, February 13, 2003 resolution, and I am eager for the House to go honoring Mrs. Dina Matos McGreevey for her Mr. SMITH of New Jersey. Mr. Speaker, I on record in support, making sure both the exemplary service and dedication to the peo- am pleased to introduce, along with my col- Congress and our government are doing ev- ple and state of New Jersey. league Representative CARDIN, Representative erything possible to see an end to this

∑ 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 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.001 E13PT2 E238 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 scourge. I am especially pleased that the res- national authorities, including thorough in- together and consider the past experiences of olution calls for all OSCE participating States vestigation of anti-Semitic criminal acts, certain religious institutions in dealing with to ensure effective law enforcement and pros- apprehension of perpetrators, initiation of the experience of the Holocaust. appropriate criminal prosecutions and judi- H. Create an OSCE parliamentarian-based ecution of individuals perpetrating anti-Semitic cial proceedings; ‘‘Coalition of the Willing’’ to address anti- violence, as well as urging the parliaments of 14. Urges participating States to bolster Semitic propaganda that appears to be in- all participating States to take concrete legisla- the importance of combating anti-Semitism creasing rapidly in a number of OSCE part- tive action at the national level. In sum, I look by holding a follow-up seminar or human di- ner countries. Explore the possibility of forward to working with my colleagues to con- mension meeting that explores effective using the OSCE’s partnership with the south- tinue our steadfast efforts to see an end to measures to prevent anti-Semitism, and to ern and eastern Mediterranean countries for anti-Semitic violence. ensure that their laws, regulations, practices promoting this goal. We pledge to meet and policies conform with relevant OSCE again in conjunction with the February 2003 RESOLUTION ON ANTI-SEMITIC VIOLENCE IN THE commitments on anti-Semitism; and Winter Session of the OSCE Parliamentary OSCE REGION 15. Encourages all delegates to the Par- Assembly in Vienna to evaluate progress and 1. Recalling that the OSCE was among liamentary Assembly to vocally and uncon- seek the active support and cooperation of those organizations which publicly achieved ditionally condemn manifestations of anti- our parliamentary colleagues from other international condemnation of anti-Semi- Semitic violence in their respective coun- countries. On this occasion, we will also de- tism through the crafting of the 1990 Copen- tries and at all regional and international fo- termine how we can best utilize the July 2003 hagen Concluding Document; rums. Rotterdam Annual Session of the OSCE Par- 2. Noting that all participating States, as LETTER OF INTENT liamentary Assembly to further our common stated in the Copenhagen Concluding Docu- goal of combating anti-Semitism throughout ment, commit to ‘‘unequivocally condemn’’ AN ACTION PROGRAM: CONFRONTING AND COMBATING ANTI-SEMITISM IN THE OSCE REGION the OSCE region. anti-Semitism and take effective measures Signed in Washington, D.C. on December to protect individuals from anti-Semitic vio- As members of the German Bundestag and 10, 2002. U.S. Congress and participants in the OSCE lence; CHRISTOPHER H. SMITH, 3. Remembering the 1996 Lisbon Con- Parliamentary Assembly, we wish to express Member of Congress. cluding Document, which highlights the our deep concern regarding the significant GERT WEISSKIRCHEN, OSCE’s ‘‘comprehensive approach’’ to secu- increase in the number of anti-Semitic inci- Member, German Bun- rity, calls for ‘‘improvement in the imple- dents in many countries of the OSCE. We destag. mentation of all commitments in the human condemn anti-Semitism in all its forms. dimension, in particular with respect to Anti-Semitic bigotry must have no place in f human rights and fundamental freedoms’’, our democratic societies and needs to be ac- INTRODUCTION OF THE PRIVACY tively opposed by all 55 participating States and urges participating States to address PROTECTION CLARIFICATION ACT ‘‘acute problems’’, such as anti-Semitism; of the OSCE, including by members of Par- 4. Reaffirming the 1999 Charter for Euro- liament. The sorry lessons of the past have pean Security, committing participating demonstrated that the virus of anti-Semi- HON. CAROLYN B. MALONEY States to ‘‘counter such threats to security tism, when not successfully resisted, will OF NEW YORK as violations of human rights and funda- lead to terrible tragedy for the Jewish peo- mental freedoms, including the freedom of ple, and promote prejudice and intolerance IN THE HOUSE OF REPRESENTATIVES thought, conscience, religion or belief and towards other minority groups. Thursday, February 13, 2003 manifestations of intolerance, aggressive na- We affirm our commitment to work to- tionalism, racism, chauvinism, xenophobia gether closely to fight anti-Semitism and en- Mrs. MALONEY. Mr. Speaker, I rise today in and anti-Semitism’’; courage colleagues in our respective legisla- support of legislation that I am reintroducing 5. Recognizing that the scourge of anti- tures, and in the legislative bodies of other with my colleague, Representative JUDY Semitism is not unique to any one country, OSCE participating States, to develop a se- BIGGERT of Illinois, the Privacy Protection Clar- and calls for steadfast perseverance by all ries of specific measures to counter anti-Se- ification Act. This legislation resolves the con- participating States; mitic actions and attitudes. In executing our troversy as to whether attorneys at law, who The OSCE Parliamentary Assembly: action plan we will make full use of all ap- are subject to strict codes of professional con- 6. Unequivocally condemns the alarming propriate OSCE institutions and instru- duct, should be subject to the privacy section escalation of anti-Semitic violence through- ments. Actions that we intend to pursue are out the OSCE region; the following: of the Gramm-Leach-Bliley Act (GLBA). The 7. Voices deep concern over the recent es- A. Persuade other Parliaments in OSCE Biggert-Maloney legislation recognizes that the calation in anti-Semitic violence, as individ- participating States to adopt resolutions practice of law and the business of financial uals of the Judaic faith and Jewish cultural condemning anti-Semitism as the U.S Con- services are wholly different and that GLBA properties have suffered attacks in many gress and the German Bundestag have al- should be clarified to recognize this distinction. OSCE participating States; ready done. With passage of GLBA in 1999, Congress 8. Urges those States which undertake to B. Energize governments and other elected took an important step in ensuring that con- return confiscated properties to rightful officials at all levels in OSCE participating owners, or to provide alternative compensa- States to condemn forcefully and publicly sumer privacy is protected as financial institu- tion to such owners, to ensure that their anti-Semitic acts, when they occur. tions continue to merge and as the economy property restitution and compensation pro- C. Encourage all OSCE countries to enact grows increasingly digital. As a member of the grammes are implemented in a nondiscrim- appropriate criminal legislation to punish then Banking Committee, I was proud to play inatory manner and according to the rule of anti-Semitic acts and ensure that such laws a role in requiring that financial services com- law; are vigorously enforced. panies supply their customers with privacy 9. Recognizes the commendable efforts of D. Call upon governments in OSCE partici- policies and allow customers the right to opt- many post-communist States to redress in- pating States, if they have not already done justices inflicted by previous regimes based so, to adhere to international instruments out of information sharing with third-parties. on religious heritage, considering that the which, by addressing the problem of dis- Unfortunately, GLBA has caused significant interests of justice dictate that more work crimination, may counter anti-Semitic atti- confusion for the legal community. On Feb- remains to be done in this regard, particu- tudes and actions. ruary 11, 2002, 1 joined 12 of my bipartisan larly with regard to individual and commu- E. Promote educational efforts throughout colleagues on the Financial Services Com- nity property restitution compensation; the OSCE region to counter anti-Semitic mittee in writing to the Federal Trade Commis- 10. Recognizes the danger of anti-Semitic stereotypes and attitudes among younger sion (FTC) to ask that it grant attorneys an ex- violence to European security, especially in people and help identify the necessary re- emption to the GLBA privacy provisions. As light of the trend of increasing violence and sources to accomplish this goal. Encourage attacks region wide; teachers, social workers and members of the we wrote at the time, ‘‘Attorneys are already 11. Declares that violence against Jews and clergy to focus on anti-Semitic attitudes and bound by a duty of confidentiality, enforceable other manifestations of intolerance will behavior of younger people and support the under the laws of all 50 states, that prevents never be justified by international develop- development of curricula for teacher train- misuse of client information and provides a ments or political issues, and that it ob- ing. higher degree of privacy protection than structs democracy, pluralism, and peace; F. Consider what concrete actions may be GLBA.’’ After a thorough review the FTC de- 12. Urges all States to make public state- possible within the OSCE to discourage the termined that it does not presently have the ments recognizing violence against Jews and proliferation of anti-Semitic, neo-Nazi and authority to grant the exemption we requested. Jewish cultural properties as anti-Semitic, other racist material over the Internet, as well as to issue strong, public declarations while preserving the right to freedom of ex- The privacy protections in Title V of GLBA condemning the depredations; pression. were a response to specific cases where con- 13. Calls upon participating States to en- G. Encourage religious leaders in OSCE sumers’ private, personal financial information sure aggressive law enforcement by local and participating States to work more closely was mined without their consent in an effort to

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.003 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E239 market products. Where Title V is an appro- IN HONOR OF NELLIE POU, RECIPI- INTRODUCING UNITED STATES- priate response to such cases, it is inappro- ENT OF THE HISPANIC AMER- KOREA NORMALIZATION RESO- priate to apply it to most lawyers whose clients ICAN GOOD SCOUT AWARD LUTION OF 2003 already expect that all their disclosures are confidential, covered by state codes of ethics HON. RON PAUL and attorney-client privilege. HON. ROBERT MENENDEZ OF TEXAS IN THE HOUSE OF REPRESENTATIVES For example, the Legal Aid Society of New OF NEW JERSEY Thursday, February 13, 2003 York City had to translate its privacy notice IN THE HOUSE OF REPRESENTATIVES into many different languages to serve its eth- Mr. PAUL. Mr. Speaker, I rise to introduce nically diverse clientele. It also had to devote Thursday, February 13, 2003 the United States-Korea Normalization Resolu- tion of 2003. an inordinate amount of time to dealing with Mr. MENENDEZ. Mr. Speaker, I rise today confused clients who could not understand Sixty years ago American troops fought in a to honor Assemblywoman Nellie Pou of New United Nations ‘‘police action’’ on the Korean why they were getting privacy notices from Jersey who was honored on February 7th at Peninsula. More than 50,000 Americans lost their lawyers when information they share with the Hispanic American Good Scout Award their lives. Sixty years later, some 37,000 U.S. their lawyers is presumed to be confidential. I Dinner at the Robert Treat Hotel in Newark, troops remain in South Korea, facing a North fear this could have a chilling effect on the New Jersey. Korean army of nearly a million persons. After willingness of individuals to share critical infor- Currently deputy speaker of the New Jersey 60 years, we can no longer afford this commit- mation with their attorneys. The confusion ment. Legislature, Ms. Pou has led an impressive these privacy notices are causing in New York The U.S. defense guarantee of South Korea is unnecessary given that there is express lan- career and has quickly emerged as a leader in costs more than $3 billion per year in direct guage forbidding the sharing of client informa- the New Jersey Assembly. She is the first costs and approximately $12 billion per year in tion in the New York state ethics code for law- woman and first Hispanic to represent the total costs. Total U.S. aid to South Korea has yers. 35th Assembly District of New Jersey, and exceeded $14 billion since the war. was named assistant minority leader after only But South Korea of today is not the Korea The recently filed amicus brief at the U.S. three years in office. An active member of the of 1950. Today’s South Korea is a modem, in- District Court of the District of Columbia by 19 legislature, Ms. Pou has authored a number of dustrialized, economic powerhouse; it has a state and local bar associations further lays successful bills that reflect her commitment to gross domestic product more than 40 times out some of the ways that the Act conflicts that of communist North Korea. It has a mili- with the practice of law, the rights of clients health advocacy, child safety, and disabled and senior citizens. She has focused her ef- tary more than 700,000 persons strong. Nor is and the duties of attorneys. The brief was it at all clear that the continued U.S. military forts to improve education by reducing class- drafted by the former President of the Amer- presence is necessary—or desired. ican Law Institute, Professor Geoffrey Hazard. size and has secured funding to ensure the Not long ago, incoming South Korean Presi- continuation of critical school programs across To quote from the amicus brief: ‘‘Not only dent Roh Moo-huyn, recognizing that the cur- the state. does the GLBA provide less broad and less rent tension is primarily between the United beneficial privacy protection than do existing Assemblywoman Pou played a leading role States and North Korea, actually offered to serve as a mediator between the two coun- state ethics rules governing lawyers, there are in ensuring the 2000 Census was accurately tries. It is an astonishing move considering contradictions and discrepancies in the con- reported and that New Jersey would not be that it is the United States that provides South cepts of confidentiality and in the responsibil- underrepresented in the amount of federal aid it received. She was also a strong advocate Korea a security guarantee against the North. ities of the ‘service providers’ under GLBA as Additionally, it is becoming more obvious applied to practicing lawyers. These dis- for redrawing the legislative districts to fairly every day that with the man on the South Ko- connections make clear that the application of represent census results. rean street, the United States military pres- both privacy regimes to lawyers is unwork- Ms. Pou holds an impressive record of serv- ence in their country is not desired and in fact able. . .’’ The stringent enforceable codes of ice in government and working for the state of viewed as a threat. professional conduct that attorneys are under New Jersey. Before serving in the Assembly, We cannot afford to continue guaranteeing contain opt-in requirements tailored to the pro- Ms. Pou worked for more than 22 years in South Korea’s borders when we cannot de- fession. Their clients must affirmatively agree county and municipal government, and served fend our own borders and when our military is to the attorney revealing any personal informa- as director of the Paterson Department of stretched to the breaking point. We cannot continue subsidizing South Korea’s military tion about that client. Human Services for 12 years. when it is clear that South Korea has the I join Representative BIGGERT in introducing Since being elected to the Assembly in wherewithal to pay its own way. We cannot af- this legislation today, because it is my inten- 1997, she has served on two critical commit- ford to keep our troops in South Korea when tion to target this limited area where the inter- tees, the Assembly Budget Committee and the it is increasingly clear that they are actually pretation of GLBA can be improved by a legis- Assembly Appropriations Committee, which to- having a destabilizing effect and may be hin- lative fix. The FTC’s standing interpretation of gether oversee the development of the annual dering a North-South rapprochement. Title V of the Act is causing confusion that is state budget. Ms. Pou has also served on the That is why I am introducing the United detrimental to the attorney-client relationship. Assembly Housing Committee and the Task States-Korea Normalization Resolution, which It is appropriate for Congress to intervene. I Force on School Facilities Construction Over- expresses the sense of Congress that, 60 years after the Korean War, the U.S. security have met with numerous constituents from sight. She is a member of the Women’s guarantee to South Korea should end, as New York City on this issue and am convinced Democratic Caucus, the Assembly Advisory should the stationing of American troops in that attorneys should not fall under the exist- Council on Women, and the New Jersey Task ing language. South Korea. Force on Child Abuse and Neglect. I hope my colleagues will join me by sup- I look forward to continuing to work to safe- Currently serving her third term in office, porting and co-sponsoring this legislation. guard the privacy of my constituents during Assemblywoman Pou is vice chair of the As- f this Congress. This legislation is limited and sembly Appropriations Committee and a mem- A BILL TO CLARIFY THE TAX strictly targeted. As for the larger privacy ber of the Assembly Health and Human Serv- issues—the American public deserves more TREATMENT OF CERTAIN ENVI- ices Committee, in addition to her appointment RONMENTAL ESCROW ACCOUNTS privacy protections, not fewer. When this body as deputy speaker. passed the GLBA provisions, we never con- sidered its impact upon the practice of law be- Assemblywoman Pou is the mother of two HON. AMO HOUGHTON cause we had not intended it to apply to law- children, Edwin and Taina. OF NEW YORK yers. Now that we see the confusion, expense Today, I ask my colleagues to join me in IN THE HOUSE OF REPRESENTATIVES and conflict that this act has wrought upon the honoring Nellie Pou for her outstanding lead- Thursday, February 13, 2003 legal community, we must act to clarify our ership and service to her district and the state Mr. HOUGHTON. Mr. Speaker, I am original intent. of New Jersey. pleased to join my colleague from California,

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Mr. BECERRA, together with my colleague, Mr. ENVIRONMENTAL PROTECTION AGENCY, A SPEECH BY THE HONORABLE BOEHLERT from New York in reintroducing a Washington, DC, February 7, 2003. SEAN O’KEEFE, ADMINISTRATOR bill intended to clarify the tax treatment of cer- Ms. PAMELA F. OLSON, OF NASA Assistant Secretary—Tax Policy, Department of tain environmental escrow accounts. This bill the Treasury, Washington, DC was first introduced in the 107th Congress. HON. IKE SKELTON DEAR MS. OLSON: I am writing to express OF MISSOURI The provisions in the bill would encourage support by the Environmental Protection prompt and efficient settlements with the Envi- Agency (‘‘EPA’’) for clarification of the tax IN THE HOUSE OF REPRESENTATIVES ronmental Protection Agency (‘‘EPA’’) for the treatment of certain environmental cleanup Thursday, February 13, 2003 clean-up of hazardous waste sites. Currently, ‘‘settlement funds’’ under IRC section 468B. Mr. SKELTON. Mr. Speaker, let me take there is some uncertainty in the tax treatment The clarification would provide that such this means to bring the words of NASA’s Ad- of certain ‘‘settlement funds’’ that are, in effect, funds will, for Federal income tax purposes, ministrator Sean O’Keefe to the attention of controlled by the EPA, in their role of resolving be treated as beneficially owned by the U.S. the Members of the House. Speaking at the claims under Comprehensive Environmental government and therefore not subject to National Cathedral in a memorial service Feb- Response, Compensation and Liability Act of Federal income tax if certain conditions are ruary 6, 2003, for the crew of STS–107, Mr. 1980 (‘‘CERCLA’’). This uncertainty may pre- met. As General Counsel to the agency, I am O’Keefe provided us with words of comfort not offering an opinion on the legal issue or vent taxpayers from entering into prompt set- that should be shared with all. tlements with the EPA for the cleanup of any other fiscal or tax policy aspects to this proposal. We defer to the Treasury Depart- SEAN O’KEEFE: To be an astronaut is to Superfund hazardous waste sites and reduce ment on these issues. However, after con- accept a lofty calling. The seven daring souls the ultimate amount to funds available for sultation with our office of Enforcement and who we grieve for today represented the best of the human spirit. They did their chosen cleanup of such sites. Compliance Assurance, I offer this letter to calling proud and they had a special grace. The EPA has recognized this problem and provide our views based on the environ- Today we pay tribute to the Columbia astro- has recently written to the Department of the mental issues involved, that I hope will as- nauts for what they did for us in carrying on Treasury expressing support for clarification sist you in your review of this issue. the great tradition of the select few we call that these ‘‘funds will, for Federal income tax The cleanup of Superfund hazardous waste astronauts. purposes, be treated as beneficially owned by sites is sometimes funded by environmental For over 40 years these remarkable men the United States government and therefore ‘‘settlement funds’’ or escrow accounts. and women who we’ve all come to know proudly wearing their orange space suits and These escrow accounts are established in not subject to Federal income tax if certain blue flight jackets have played one of his- consent decrees between the EPA and the conditions are met.’’ I include in the record, a tory’s most unique diplomatic roles, acting copy of the EPA letter dated February 7, 2003 settling parties under the jurisdiction of a in peace for all mankind, they serve as our federal district court. They are a tool to en- good will ambassadors to the universe. Our bill follows the recommendations of the able the EPA to carry out its responsibilities Every time we send humans into space, our EPA on this important issue. Under our bill, if and resolve its claims against private parties astronauts look up to the starry firmament certain conditions are met, the EPA (U.S. gov- under the Comprehensive Environmental Re- seeking to extend our horizons throughout ernment) will be considered the beneficial sponse, Compensation and Liability Act of the vast expanse of God’s creation. Our ex- owner of funds set aside in an environmental 1980 (‘‘CERCLA’’). plorers go forward into the unknown with hope and faith. As Commander Rick Husband settlement fund account. These conditions in- While the escrow accounts are funded by clude the fund being: (1) established pursuant said, ‘‘There is no way that you can look at the settling parties (defendants), some of the stars, at the Earth, at the moon, and not to a consent decree; (2) created for the receipt these consent decrees require that the EPA come to realize there is a God out there who of settlement payments for the sole purpose of approve expenditures of such funds (includ- has a plan and who has laid out the uni- resolving claims under CERCLA; (3) controlled ing the payment of costs and reimburse- verse.’’ (in terms of expenditures of contributions and ments), and provide that any remaining In this magnificent cathedral, a portion of earnings thereon) by the government or an funds after termination will be paid to the the lunar surface brought back to Earth by agency or instrumentality thereof; and (4) EPA. moonwalkers Neil Armstrong and Buzz upon termination, disbursed to the government Aldrin is encased in a precious stain glass We have been briefed by some taxpayers’ window. As we worship today in celebration or an agency or instrumentality thereof (e.g., representatives that, under current law, of seven wonderful lives, this glorious win- the EPA). If such conditions are met, the EPA there is uncertainty as to the proper Federal dow reminds us that the exploration of space will be considered the beneficial owner of the income tax treatment of such government- will go on propelled by the human urge to escrow account for tax purposes and the ac- controlled funds. One of the underlying pur- strive, to seek, to find, and not yield, and by count will not be considered a grantor trust for poses of CERCLA is to ensure prompt and ef- our common faith in our Creator. purposes of Sections 468B, and 671–677 of ficient cleanup of Superfund hazardous waste Our astronauts also have another role. By pursuing research to improve people’s lives the Internal Revenue Code. These escrow ac- sites. Uncertainty in the tax treatment of certain ‘‘settlement funds’’ may prevent tax- and expand our understanding of the natural counts, which are established under court con- world, these brave individuals help pioneer payers from entering into prompt settle- sent decrees, are a necessary tool to enable the future in ways undreamed by our ances- ments with the EPA for the cleanup of the EPA to carry out its responsibilities and re- tors. This was the noble work that joyfully Superfund hazardous waste sites. solve or satisfy claims under CERCLA. Under motivated our seven courageous Columbia these types of consent decrees, the EPA We would support appropriation conditions crew when they ascended to the heavens to ensure that escrow accounts are properly three weeks ago. should be considered the owner of such funds Now some day due to our astronauts dedi- for Federal tax purposes. structured and safeguarded, such as condi- tions requiring that the funds are: (1) estab- cated space research, we may find better Due to the current uncertainty as to the lished pursuant to a consent decree; (2) cre- means of fighting cancer, of life-saving drugs, helping our parents and grandparents proper Federal income tax treatment of such ated for the receipt of settlement payments government-controlled funds, taxpayers may stay healthy throughout their lives. We will for the sole purpose of resolving claims always thank the crew of Columbia STS–107 be hesitant to promptly resolve their claims under CERCLA; (3) controlled (in terms of mission for their passionate commitment to under CERCLA by contributing to the settle- expenditures of contributions and earnings this cause. ment funds. One of the underlying purposes of thereon) by the federal government; (4) upon Now, of course our astronauts count on all CERCLA is to ensure prompt and efficient termination, disbursed to the government the talented men and women of the NASA cleanup of Superfund hazardous waste sites. (e.g., the EPA); and (5) structured so that the family represented here today. To help ad- This goal is being frustrated by the existing government may be treated as beneficial vance these ambitious research objectives, owner for these purpose only, and not for they’re amazing people. Public servants who uncertainty in the tax laws. The bill resolves make up the NASA family. Everyday our sci- these uncertainties and expedites the cleanup other purposes such that the government has responsibility or liability for activities of entists, engineers, safety and support folks of Superfund hazardous waste sites by treat- come to work at all of our centers, thankful the accounts or at their managers. ing these escrow accounts as being bene- for the opportunity to engage in such excit- ficially owned by the U.S. government and not Thank you for considering our views of the ing meaningful work on behalf of the Amer- subject to tax. environmental consequences of this issue. ican people, It is through their efforts that Sincerely, we are making tangible progress in our quest We urge our colleagues to join us in co- ROBERT E. FABRICAN, to improve aviation safety and efficiency, sponsoring this legislation. General Counsel. promote medical discoveries, probe more

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.009 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E241 deeply into the universe, explore the planets here on our earthly pilgrimage. ‘‘God will INTRODUCTION OF BELARUS and better understand the dynamics of wipe away the tears from our eyes.’’ DEMOCRACY ACT OF 2003 Earth’s climate system. Our hope is not ultimately a hope ground- And while this is a difficult period for the ed in the progress of human achievement, as men and women of the NASA family, we will remarkable as that may be, rather it is a HON. CHRISTOPHER H. SMITH persevere. The support we’ve received from hope grounded in the Creator who calls Rick, OF NEW JERSEY the astronauts’ families, from the President, Willie, Michael, Kalpana, David, Laurel, Ilan IN THE HOUSE OF REPRESENTATIVES from the Vice President, and from the nation and each of us by name. May he have the Thursday, February 13, 2003 has been of tremendous strength. We will not faith to lift our eyes towards the heavens as let you down. they did and find their God’s peace. Mr. SMITH of New Jersey. Mr. Speaker, Throughout this period of mourning, the May God bless the crew of STS–107 and today I am introducing the Belarus Democracy brave families of the Columbia crew have may he lighten the hearts of their families Act of 2003, which is intended to help promote been rocks of courage and dignity, providing and all who mourn for these valiant heroes. democratic development, human rights and much comfort to the nation and it’s inspira- f tion to us all. the rule of law in the Republic of Belarus, as Dave Brown’s parents, Paul and Dorothy, RECOGNIZING BRUNO BARTOLUCCI well as encourage the consolidation and along with their—his brother, Dave, are here FOR HIS OUTSTANDING SERVICE strengthening of Belarus’ sovereignty and with us today leading, I’m told, a very im- TO THE WINE INDUSTRY AND independence. I am joined by Congressmen pressive contingent of the Brown family; as THE PEOPLE OF NAPA COUNTY HOYER, HOEFFEL and Congresswoman are John and Ian Clark, Laurel Clark’s fam- SLAUGHTER, as original cosponsors. ily; and Master Sergeant Jimmy Danielle, When measured against other European Mike Anderson’s brother-in-law. To you and HON. MIKE THOMPSON countries, the state of human rights in Belarus to all the families of the Columbia astro- OF CALIFORNIA is abysmal—it has the worst record of any Eu- nauts, we thank you for your incredible for- IN THE HOUSE OF REPRESENTATIVES titude. ropean state. To honor the legacy of the Columbia astro- Thursday, February 13, 2003 Through an illegitimate 1996 referendum, nauts, we have made a solid commitment to Mr. THOMPSON of California. Mr. Speaker, Alexander Lukashenka usurped power, while their families to find the cause of the acci- I rise today to recognize Bruno Bartolucci, suppressing the duly-elected legislature and dent, correct whatever problems we may owner of Bartolucci Vineyards in Napa Valley the judiciary. His regime has repeatedly vio- find, and safely move forward with our work. California, for his outstanding contributions to lated basic freedoms of speech, expression, Motivated by our mission goals of under- assembly, association and religion. The demo- standing and protecting the home planet, ex- America’s wine industry and his community. ploring the universe and searching for life, Born in San Francisco, the son of an immi- cratic opposition, nongovernmental organiza- and inspiring the next generation of explor- grant garbage man, Bruno Bartolucci learned tions and independent media have all faced ers, we will make good on this commitment. early on that hard work was not something to harassment. Just within the last few months, The last element of our mission, to inspire shy away from. Mr. Bartolucci’s father relo- we have seen a number of events reflecting the next generation of explorers is very im- cated the family to a farm in Napa Valley in the negative trend line: the passage of a re- portant to NASA. It is a passion of ours. And the 1930’s and, though he was young, Mr. pressive law on religion which bans religious because of the memory of the gallant 107 activity by groups not registered with the gov- crew has done so much to inspire our youth, Bartolucci was responsible for tending to the our shining hope for the future, to carry chickens, gathering eggs, picking fruit and ernment and forbids most religious meetings forth a torch of exploration and discovery, doing extensive maintenance. When the on private property; the bulldozing of a newly- we are forever grateful to the Columbia as- Bartoluccis began growing grapes, his work- built church; the incarceration of leading inde- tronauts. load became so extensive that during harvest pendent journalists; and the continued harass- As you might imagine, NASA has received season he only attended high school every ment, as well as physical attacks on the polit- a tremendous outpouring of condolences of other day. ical opposition, independent media and non- the loss of the Columbia crew from people governmental organizations—in short, anyone throughout the world. It struck us often of Mr. Speaker, nearly 70 years have passed folks who pointed out the unique role that since Bruno Bartolucci first worked his father’s who, through their promotion of democracy, holds in many ways the astronauts have on vineyard. Since that time, Mr. Bartolucci’s tre- would stand in the way of the Belarusian dic- our young and young at heart. One gracious mendous work ethic and personal commitment tator. Moreover, we have seen no progress on letter came to us from Rosemary Callahan, to excellence have made Bartolucci Vineyard the investigation of the disappearances of po- the fifth grade teacher in Arlington, Vir- famous for the quality of its grapes and re- litical opponents—perhaps not surprisingly, as ginia’s St. Charles School. She wrote her let- nowned for its Cabernet Sauvignon. credible evidence points at the involvement of ter after her students had thoughtfully Recently, America’s wine business has ex- the Lukashenka regime in their murders. Fur- taken time to write their own letters of con- perienced tremendous expansion. While it is thermore, growing evidence also indicates dolence, and we thank them for their heart- felt gesture. In representing her students, gratifying to see such a robust industry, an un- Belarus has been supplying military training we’re honored to have Rosemary here with intended side effect of this growth has been and weapons to Iraq, in violation of UN sanc- us today. the detachment of vineyard owners from their tions. I’d like to read to you from her letter, fields. This, however, is not the case at Despite efforts by the U.S. Government, which was written on Monday. ‘‘Today on Bartolucci Vineyards. non-govermental organizations, the Organiza- the chalkboard I wrote the definition of a Individuals visiting Mr. Bartolucci must walk tion for Security and Cooperation in Europe hero. ‘A person admired for bravery, great into the fields to speak with him. It is there, (OSCE) and other European organizations, deeds or noble qualities.’ In the wake of the amidst the perfectly aligned grape rows and the regime of Alexander Lukashenka con- tragedy of Columbia and its astronauts, seven people have come to light as modern- surrounded by workers, that he can be found tinues its hold onto power with impunity and to day heroes. But they were heroes, people of working in his classic green jumpsuit which the detriment of the Belarusian people. great character and depth, long before Satur- sports the wears of his trade. At age 80, he One of the primary purposes of this bill is to day. When profiled in the media, they were still prunes grapes, supervises picking, fixes demonstrate U.S. support for those struggling recognized for their spirit, for intellect, with machines and maintains the beautiful garden. to promote democracy and respect for human a desire to learn and give to others, well- Mr. Bartolucci’s dedication to work is only rights in Belarus despite the formidable pres- rounded people who could function together overshadowed by the size of his heart. When sures they face from the anti-democratic re- as a team. People who grabbed at life for the he is not at work, Mr. Bartolucci can be found gime. The bill authorizes increases in assist- great and simple things. Indeed, they were ance for democracy building activities such as the best,’’ doing a wide variety of community service. Rosemary concluded these words by writ- Whether donating to charitable organizations support for non-governmental organizations, ing, ‘‘Our children continue to need heroes. or cooking dinner for the Sons of Italy, Mr. independent media including radio and tele- Real heroes. May your beloved astronauts Bartolucci never ceases finding ways to serve vision broadcasting to Belarus, and inter- continue to inspire all as you move forward. our community’s needs. national exchanges. The bill also encourages Your hearts are heavy now, but in time God Mr. Speaker, Mr. Bartolucci is the standard free and fair parliamentary elections, con- grant you a light heart again.’’ to which all Americans should be compared. ducted in a manner consistent with inter- In this time of enormous sadness, these words from the Book of Revelation are most His commitment to farming and the community national standards—in sharp contrast to recent comforting: ‘‘And God will wipe away every is rooted deeper than Napa Valley’s famous parliamentary and presidential elections in tear from their eyes.’’ The writer speaks of vines. For these reasons and countless oth- Belarus which flaunted democratic standards. those who are at rest with God. These words ers, it is most appropriate that we honor Mr. As a result of these elections, Belarus has the also have significance for us who are still Bruno Bartolucci today. distinction of lacking legitimate presidential

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.012 E13PT2 E242 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 and parliamentary leadership, which contrib- Chris Joyce, Greg Pitts, Khyle Petrie, Andrew 2003.’’ The bill would alleviate an unfairness in utes to that country’s self-imposed isolation. Hughes, Bryan Lehrer, Ryan Johnson, Aaron the tax law as it applies to charitable dona- In addition, this bill would impose sanctions Frank, Craig Avalone, Jimmy Johnson, Bran- tions of property by the taxpayer/creator and against the Lukashenka regime, and deny don Mack, Rob Herman, Melood Abugasea, significantly enhance the ability of museums highranking officials of the regime entry into Mike Yokopovich, Chris Massaro, Mark Dyroff, and public libraries to acquire important origi- the United States. Strategic exports to the Steve Jonas, Dave Burgess, Joe Powell, Chris nal works by artists, writers and composers, Belarusian Government would be prohibited, McClurg, Brian Caston, Justin Schifano, Russ and ensure the preservation of these works for as well as U.S. Government financing, except Corona, Steve Hollis, Jeff Bucciarelli, Evan future generations. The proposed legislation is for humanitarian goods and agricultural or McConnell, Chad Costanza, Brian Mack, Billy the same as we introduced in the 106th and medical products. The U.S. Executive Direc- Bulmahn, Mark Chavoustie, Head Coach An- 107th Congresses, except for advancing the tors of the international financial institutions thony Bianchi, and Assistants Jim Bellucco, effective date by a year. would be encouraged to vote against financial Dave Howlett, Chris Urban, Jim Cleveland, Since 1969, the law has provided that the assistance to the Government of Belarus ex- Jim Fichera, and Vito Torregiano. creator of the artistic property is only allowed a charitable deduction equal to the cost of ma- cept for loans and assistance that serve hu- f manitarian needs. terials that went into the property. For exam- The bill would require reports from the IN HONOR OF HECTOR M. ple, an established artist who donates a paint- President concerning the sale or delivery of CORCHADO, RECIPIENT OF THE ing to the local museum is allowed a deduc- weapons or weapons-related technologies HISPANIC AMERICAN GOOD tion for the cost of the canvas, brushes and from Belarus to rogue states. SCOUT AWARD paint, etc. used to produce the painting. Of Mr. Speaker, finally, it is my hope that this course, these amounts are de minimus. There bill would help put an end to the pattern of HON. ROBERT MENENDEZ is no real tax incentive to contribute such works of art for the public to enjoy. In fact, the clear, gross and uncorrected violations of OF NEW JERSEY tax law works in the other direction. It makes OSCE commitments by the Lukashenka re- IN THE HOUSE OF REPRESENTATIVES gime and will serve as a catalyst to facilitate more financial sense to the creator to sell his Thursday, February 13, 2003 or her work. If a collector or art buff buys a Belaras’ integration into democratic Europe in painting that appreciates over time, because which democratic principles and human rights Mr. MENENDEZ. Mr. Speaker, I rise today the artist becomes well established or was a are respected and the rule of law is para- to honor Councilman H´ ector Corchado who known and collected artist when the painting mount. The Belarusian people deserve our was honored on February 7th at the Hispanic was purchased, the collector is allowed a de- support as they work to overcome the legacy American Good Scout Award Dinner at the duction for fair market value when the painting of the past and develop a genuinely inde- Robert Treat Hotel in Newark, New Jersey. is contributed to the local museum. This is the pendent, democratic country based on the rule A longtime resident of Newark, Councilman Corchado has proven himself to be an effec- fairness issue. of law and democratic institutions. Before 1969, the artists/taxpayers received tive and dedicated member of his community. f the same treatment—the deduction was based Elected to the City Council in 2002, Mr. on fair market value. The law was changed, TRIBUTE TO THE WEBSTER HIGH Corchado began his career in the Newark Po- primarily because of the perception that some SCHOOL FOOTBALL TEAM lice Department over 14 years ago, where he taxpayers were taking advantage of the law served as a detective and sergeant in the through less than accurate valuations of their Community Affairs Division. A natural leader in HON. JAMES T. WALSH charitable gifts. After the law was changed in OF NEW YORK the Police Department, he went on to become 1969, gifts of donor generated art work (paint- IN THE HOUSE OF REPRESENTATIVES deputy mayor of Newark before serving on the ings, manuscripts, compositions, artistic and City Council. Thursday, February 13, 2003 historically significant correspondence and pa- Committed to improving the lives of Newark Mr. WALSH. Mr. Speaker, I rise today to pers) to qualifying charitable organizations and citizens, Mr. Corchado has been extensively governmental entities dropped significantly. congratulate the Webster Schroeder High involved with community organizations Creators were more likely to sell their works School Men’s Varsity Football Team for win- throughout Newark: he has organized neigh- than to contribute them. The situation has not ning the Class AA New York State Football borhood clean-up projects, coordinated Block improved over the years. Championship and for their outstanding efforts Associations to work with other community There have been significant changes in the throughout this past season. groups, and assisted small businesses and valuation process since 1969. All taxpayers With great patience, courage, and dedica- churches with smart-growth development. making charitable contributions of art work tion the Webster Warriors came together this While with the Newark Police, he developed a (other than donor generated art work) are re- season to capture the New York State Title, system now used to track and identify gang quired to: (a) provide and/or retain relevant in- 28–7 against the Shenendehowa High School activity. He also helped draft legislation to en- formation as to the value of the gift, (b) pro- Football Team. The Webster Warriors, ranked sure fair participation of local contractors and vide appraisals by qualified appraisers or, in eighth in Eastern Region Football, have con- businesses in Newark. some cases, (c) subject them to review by the tinued their 19 game winning streak, the third Councilman Corchado has participated in IRS’s Art Advisory Panel, depending on the longest in the state, with a perfect 13–0 sea- the Leadership Newark Program and served dollar amount of the contribution. These son. as a member to the Essex County Commis- changes would apply to creator-donated prop- Through teamwork and determination the sion on Unity. erty under our proposal. Warriors have established themselves as Today, I ask my colleagues to join me in In addition to the valuation safeguards al- fierce competitors in AA Football. The team honoring Hictor Corchado for his dedicated ready in the law, our proposal would add addi- has stayed focused on its goals and has not service to his community and for his unwaver- tional protections to prevent abuse. These in- let anyone stand in its way towards reigning at ing commitment to improving the lives of his clude the following: (a) limiting the value of the the top of the division. fellow citizens. deduction to the amount of income the creator On behalf of the people of the 25th District f received from similar property and/or similar of New York, it is my honor to congratulate the activities, (b) providing that the deduction can Webster Schroeder High School Football THE ARTISTS’ CONTRIBUTION TO only be claimed in the year of contribution, i.e. Team and their coaching staff on their Class AMERICAN HERITAGE ACT the carry over rules do not apply, (c) limiting AA State Football Championship. With these the deduction to property created at least 18 remarks, I would like to recognize the fol- HON. AMO HOUGHTON months before the contribution, (d) limiting the lowing players and staff. Andrew Fichera, Mike OF NEW YORK deduction to gifts related to the purpose of the Smith, Justin Costanza, Mike Kaplun, Ray IN THE HOUSE OF REPRESENTATIVES institution which receives it, and (e) excluding Jones, Joe Aquilina, Dave Serinis, RJ Kelly, contributions of property (letters, memos, etc.) Thursday, February 13, 2003 Eddie Paffendorf, John Piccone, Jack Mooney, created by taxpayers in their role as employ- Mike Mahoney, Janney Appell, Dave Dodge, Mr. HOUGHTON. Mr. Speaker, I am ees or officers of an organization. Lee Williams, Mike Stenclik, Carl Garritano, pleased to join my colleague from Maryland, The benefit to the nation when artists are Phil Galletto, Geremy Powers, Mitch Pawluk, Mr. CARDIN, together with a bipartisan group of encouraged to contribute their work during Mike Ruggieri, Steve Caezza, Mike Hughes, our colleagues, in introducing the ‘‘Artists’ their lifetime cannot be overemphasized. It al- Marco Falletta, Joe Nacca, Jim Mikolajko, Contribution to American Heritage Act of lows the public, historians, scholars and others

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.014 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E243 to learn from the artist his/her aesthetic aims federal government from interfering in the standing community service throughout the for the work; how it was intended to be dis- areas of advertising and communications. Napa Valley in my home state of California. played, performed or interpreted; and what in- In addition to exceeding Congress’ constitu- Over the past century, every comer of our fluences affected the artist. tional authority, legislation to regulate tele- community has benefited from the contribu- Our proposal represents an important step marketing would allow the government to in- tions made from the distinguished membership in providing some tax incentive, with needed trude further into our personal lives. Our coun- of the Napa Elks Lodge #832. From its stage safeguards, for the creators and moves toward try’s founders recognized the genius of se- productions that entertained an entire commu- putting them on the same footing as collectors verely limiting the role of government and re- nity throughout the early 1900’s to the chari- who contribute similar property. It could make serving to the people extensive liberties, in- table contributions it has provided families the difference in a decision by the creator/ cluding the freedom to handle problems like needing shelter, food and education, the Napa donor to contribute some of their created work this on the local level and through private insti- Elks Lodge has been a cornerstone of our to a museum or public library. That way impor- tutions. The fact that the privately-run Direct community. tant works are preserved and we all benefit. Marketing Association is operating its own When the youth of our area need help in We urge our colleagues to join us in cospon- ‘‘do-not-call’’ list is evidence that consumers funding school programs or financial assist- soring this legislation. need not rely upon the national government to ance to attend college, the Napa’s Elks Lodge f address the problems associated with tele- is always there with a helping hand. The same marketers. Furthermore, many state public util- holds true for assisting community organiza- INTRODUCTION OF THE MORT- ity commissions have imposed regulations on tions that help our most vulnerable neighbors. GAGE AND RENTAL ASSISTANCE telemarketers. Further regulation at the federal Last year alone, dedicated Elks members REAUTHORIZATION ACT level will only result in a greater loss of liberty. raised over $8,000 for the Napa Emergency Therefore, I urge my colleagues to take the Women’s Services, Children or Parents Emer- HON. CAROLYN B. MALONEY constitutional course and oppose the Do-No- gency Services, Youth Programs and Job Re- OF NEW YORK Call Implementation Act. habilitation. Every year it awards over $20,000 IN THE HOUSE OF REPRESENTATIVES f in college scholarships to graduating high Thursday, February 13, 2003 school seniors. RECOGNITION OF SUSAN B. Mr. Speaker, during this past century the Mrs. MALONEY. Mr. Speaker, I rise in sup- ANTHONY’S BIRTHDAY Napa Elks Lodge has been more than a tre- port of legislation that I am reintroducing with mendous service organization. Its members my colleague, JOSE SERRANO of New York. HON. JO ANN EMERSON have provided daily examples of personal and Following the terrorist attack on September OF MISSOURI social responsibility as well as advocating the 11, 2001, individuals who required temporary IN THE HOUSE OF REPRESENTATIVES Elks principles of justice, fidelity, charity and housing assistance relied upon the Mortgage the spirit of American patriotism. Kelly Lamm, Thursday, February 13, 2003 and Rental Assistance program (MRA), in- who will become the next Exalted Ruler, ex- cluded in the Stafford Act, for aid. Under the Mrs. EMERSON. Mr. Speaker, when we emplifies the progression of this outstanding MRA program, which can be used for both hear the term ‘‘women’s rights’’ we must think organization. A past board member of the natural and non-natural disasters, they may of the early suffragette Susan B. Anthony who local women’s bar association and long-time have been eligible for grants to repair homes fought to establish equality for women. But volunteer with the Big Brothers/Big Sisters to a habitable condition, or to obtain mortgage few people equate this woman with the plight Program, Ms. Lamm’s commitment to service or rental payment assistance to prevent fore- of the unborn. is a model of the true Elks character. She will closures or evictions. I’d like to take the opportunity, on this 183rd soon be accepting the reigns from Exalted The Disaster Mitigation Act of 2000 amend- year following her birth, to commemorate the Leader Bret Meltzer who has provided out- ed the Stafford Act to end the program in May woman who fought to bring equality to women, standing leadership in guiding the Lodge to its 2002. Without this program, thousands of peo- African Americans, and unborn children. recent successes. ple affected by future major disasters, includ- Long before pro-choice advocates took the Mr. Speaker, the Elks represent a dedicated ing hurricanes, earthquakes, and terrorist acts, term ‘‘women’s rights’’ for their own cause, and meaningful fabric of our community. As may be unable to obtain any assistance to ad- Susan B. Anthony and the early suffragists they are the standard by which other service dress their housing needs. were advocating ‘‘women’s rights.’’ Among the organizations should compare themselves, it is This legislation reauthorizes this program so women’s rights demanded by the suffragists most appropriate that we honor them on their that it will be available in the future. Although was the right of a mother to give birth to her centennial celebration. there were clear problems with FEMA’s imple- child. In fact, Anthony has been quoted as f mentation of the MRA program in New York stating that abortion destroys a woman’s life, after 9/11, progress has been made to ensure wronging her greatly. For Anthony, women’s ENVIRONMENTAL HEALTH that FEMA assists all the individuals who have rights and the rights of unborn children are RESEARCH ACT OF 2003 experienced these types of housing problems partners in the same cause. because of the terrorist attack. With the pro- Let us recognize in the voice of Susan B. HON. LOUISE McINTOSH SLAUGHTER gram finally running the way it should, we Anthony the truth that abortion is a great OF NEW YORK must take the necessary steps now to guar- wrong. Mothers who choose to have an abor- IN THE HOUSE OF REPRESENTATIVES antee that anyone affected by future disasters tion both extinguish the light of their unborn Thursday, February 13, 2003 will have the aid that they need. child and inflict almost certain emotional dam- f age upon themselves. There is no reason for Ms. SLAUGHTER. Mr. Speaker, I rise today this needless pain and suffering to go on. to announce the introduction of the Environ- DO-NOT-CALL IMPLEMENTATION f mental Health Research Act of 2003. ACT Arctic polar bears show high concentrations RECOGNIZING THE CENTENNIAL of certain synthetic compounds in their tis- SPEECH OF CELEBRATION OF THE BENEVO- sues. Whales in the world’s oceans carry HON. RON PAUL LENT AND PROTECTIVE ORDER PCBs and other contaminants at concentra- OF THE ELKS, NAPA, CALI- OF TEXAS tions that cause developmental defects in hu- FORNIA CHAPTER IN THE HOUSE OF REPRESENTATIVES mans. U.S. streams and groundwater show wide- Wednesday February 12, 2003 HON. MIKE THOMPSON spread contamination with chemicals, dioxins, Mr. PAUL. Madam Speaker, as someone OF CALIFORNIA and antibiotics. Alligators in Florida’s lakes who has, my share of insolicited telemarketing IN THE HOUSE OF REPRESENTATIVES suffer from reproductive problems that appear calls, I sympahize fully with the concerns of to be associated with chronic chemical con- the sponsors of the Do-Not-Call Implementa- Thursday, February 13, 2003 tamination. New studies have made a persua- tion Act (HR 395). However, I would remind Mr. THOMPSON of California. Mr. Speaker, sive case that contaminants were in part or those who support federal intervention to ‘‘put I rise today to recognize and honor the Benev- wholly responsible for the loss of the lake trout a stop’’ to telemarketing on the basis of its an- olent and Protective Order of the Elks, Napa and herring in the Great Lakes many decades noyance, that the Constitution prohibits the Chapter, for providing 100 years of out- ago.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.017 E13PT2 E244 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 Rates of infertility, the incidence of testicular cultural traditions and express their national ited from releasing confidential information. cancer in young men, Parkinson’s disease, identity. The Molotov-Ribbentrop pact of 1939 Our code reads, ‘‘except in certain specified autism, endometriosis, childhood diabetes, caused Lithuania to spend the next five dec- circumstances, a lawyer shall not, during or and asthma have risen dramatically since ades under Soviet domination, forced to deny after termination of the professional relation- 1970. their heritage, their language and their tradi- ship with the client, use or reveal a confidence Is there a connection between all of these tions. or secret of the client known to the lawyer un- events? There is reason to believe there might Despite the military might and repressive less the client consents after disclosure.’’ be, but the truth is we simply don’t know acts of the Soviets, the Lithuanians never lost And Illinois is no exception. All 50 states enough to conclude one way or the other. touch with their roots and never lost their will. have equally restrictive language. In all 50 There is mounting evidence from the sci- Lithuania’s re-established independence in states, lawyers who violate these laws face entific community that exposure to certain en- 1990 served as a testament to the courage, disbarment and/or other penalties that are vironmental toxins, even at low doses, may endurance and strength of the Lithuanian peo- much more onerous than those for a violation cause adverse effects on development, ple. I was fortunate enough to be in Lithuania of Title V under Gramm-Leach-Bliley. growth, reproduction, metabolism, and other as its people celebrated the regaining of its Do attorneys ‘‘significantly engage in finan- hormone-dependent processes in humans. independence. cial activities’’ as defined by the FTC? Yes, Research interest is growing dramatically as In the 13 short years since the re-establish- some attorneys do give tax-planning advice. our fear also grows that the pesticides, medic- ment of its independence, Lithuania has made Others may handle debt collection cases. inal drugs, plant hormones, and industrial extraordinary advances in restoring democ- Still others may take up cases related to the compounds that we confront every day may racy, ensuring human rights, securing the rule other two named ‘‘financial activities’’ providing be causing many of our health ailments. of law, developing a free market economy, financial advice or leasing real or personal In its Report on Human Exposure to Envi- and cultivating friendly relations with neigh- property. ronmental Chemicals released two weeks ago, boring countries. Such achievements should Yet in order to comply with the privacy pro- the Centers for Disease Control and Preven- be an inspiration to people everywhere. visions under Gramm-Leach-Bliley, these at- tion (CDC) found disturbing exposure levels in Mr. Speaker, I unite with Lithuanian-Ameri- torneys now run the risk of violating the client- individuals. The report calls for further re- cans and Lithuanians around the world in confidentiality restrictions placed on their pro- search into this area to find out whether or not celebrating their independence day. fession. the levels CDC measured in its study lead to f Why is that? Well, under the FTC interpreta- health problems. tion, every attorney who engages in any of the Today, I am proud to introduce the Environ- INTRODUCTION OF THE PRIVACY four defined ‘‘financial activities’’ for a non-cor- mental Health Research Act. This bill would PROTECTION CLARIFICATION ACT porate client must mail to that client a privacy authorize the National Institute of Environ- notice—every year, for as long as he or she mental Health Sciences to provide grants to HON. JUDY BIGGERT is in practice. And what does that privacy no- either public or non-profit private groups to de- OF ILLINOIS tice convey? Well, it informs clients that they velop and operate six centers that would con- IN THE HOUSE OF REPRESENTATIVES may direct their attorney not to share their per- duct research into women’s environmental Thursday, February 13, 2003 sonal information with other entities—the so- health, and to establish a comprehensive re- called ‘‘opt-out’’ provision of Gramm-Leach-Bli- search program on the impact and occurrence Mrs. BIGGERT. Mr. Speaker, I rise today to ley. Yet the attorney-client confidentiality rela- of hormone disrupting chemicals as they affect join my colleague, Mrs. MALONEY of New York, tionship is, by nature, an, opt-in’’ protection. human, ecological, and wildlife health. in introducing The Privacy Protection Clarifica- In short, for attorneys, the very act of dis- This bill is enormously important, and long tion Act. closing a privacy policy can create a confiden- overdue. To date, federal research on hor- Gramm-Leach-Bliley was landmark legisla- tiality violation. mone disruption and environmental toxins has tion that for the first time permitted companies This was not the intent of Congress. It was been scattershot and underfunded. The re- to engage in banking, insurance and securities not our intent to regulate attorney-client rela- search program authorized through this legis- transactions simultaneously. While considering tions. Our intent was to regulate the growing lation will enable NIEHS to gather solid data these new freedoms for entities to operate use and sale of consumers’ personal informa- about the dangers posed by some chemicals across business lines, Congress also wanted tion for marketing, profiling and other commer- and the mechanisms through which they act. to ensure that consumer privacy would not be cial purposes by banks, thrifts, securities firms, With this information in hand, we can make placed at risk. insurance companies, credit unions, and other sensible, informed decisions and policies Title V sought to address this issue by giv- bona fide financial institutions. about our own and our children’s health and ing regulators latitude to enforce privacy provi- At the end of the day, our bill will make the well-being. sions among financial institutions. Unfortu- intention of the Gramm-Leach-Bliley Act crys- I urge my colleagues to join me in sup- nately, in interpreting the language of the law, tal clear. The scope of the law was not in- porting the Hormone Disruption Research Act. some confusion has arisen over what, specifi- tended to include law firms and sole practicing We owe it to future generations to pursue this cally, those ‘‘financial institutions’’ might be. lawyers. scientific research, which has implications for Well, in seeking to clarify the confusion, the I urge my colleagues to support this legisla- every one of us. Federal Trade Commission concluded that ‘‘fi- tion. nancial institutions’’ include any business that f f ‘‘significantly engages in financial activities.’’ THE 85TH ANNIVERSARY OF What’s the definition of ‘‘significantly’’? Well, it RECOGNIZING THE COURAGE AND LITHUANIAN INDEPENDENCE could be as little as once a year. And what’s SACRIFICE OF UNITED STATES a financial activity? There are four: debt col- ARMED FORCES HELD AS PRIS- HON. SANDER M. LEVIN lecting, financial advisory activities, tax plan- ONERS OF WAR DURING THE VIETNAM CONFLICT AND CALL- OF MICHIGAN ning preparation and advising, and leasing ING FOR A FULL ACCOUNTING IN THE HOUSE OF REPRESENTATIVES real or personal property. Okay, that’s fair enough. But in writing its OF THOSE WHO REMAIN UNAC- Thursday, February 13, 2003 regulations in this way, the Federal Trade COUNTED FOR Mr. LEVIN. Mr. Speaker, I rise today to Commission appears to have unintentionally commemorate the 85th anniversary of Lithua- swept under its umbrella the one group of pro- SPEECH OF nian independence and the 13th anniversary fessionals that already is governed by the HON. JOSEPH R. PITTS of freedom from Soviet occupation. In South- strictest possible confidentiality or privacy reg- OF PENNSYLVANIA field, Michigan, the Lithuanian-American Com- ulations. IN THE HOUSE OF REPRESENTATIVES munity of Michigan will be gathering on Sun- What group is this? It’s attorneys. day, February 16, 2003 at Divine Providence Attorneys already are bound by a duty of Wednesday, February 12, 2003 Lithuanian Catholic Church to celebrate this confidentiality, enforceable under the laws of Mr. PITTS. Madam Speaker, those of us historic event. all 50 states, that prevents misuse of client in- who have served our country in war under- In February 1918, Lithuania declared its formation and provides a higher degree of pri- stand in our hearts what every American un- independence from Czarist Russia. During this vacy than Gramm-Leach-Bliley. For example, derstands in his head. We understand what it period, Lithuanians were free to follow their lawyers in my home state, Illinois, are prohib- says—carved in stone—on the Korean War

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.022 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E245 Memorial down at the other end of the Na- wide Hispanic Chamber of Commerce of New law makes eligibility to receive federal student tional Mall. We understand that FREEDOM IS Jersey was rated first out of the top 50 cham- loan funds conditional upon retaining accred- NOT FREE. bers by Business New Jersey in 1998 and ited status from an accrediting association rec- For more than two centuries, Americans 1999. ognized by the Department of Education, have sacrificed in war for their families, for In 1992, Mr. Jara was appointed to chair the schools have a rather large incentive to main- their communities, and for their nation. Many National Hispanic Legislative Forum and in tain their accreditation status. This places an thousands have died. But of those who did not 1993 he chaired the National Convention of enormous amount of influence in the hands of die, few have gone through what our friend the United States Hispanic Chamber of Com- the accrediting agencies, which oftentimes and colleague SAM JOHNSON went through in merce. He was elected to serve as vice chair- force schools to reallocate resources or even Vietnam. For many long years he suffered tor- man of the Board of the United States His- adopt policies at odds with a school’s indi- ture, imprisonment, and solitary confinement. panic Chamber of Commerce. vidual mission in order to comply with accredi- They worked on him relentlessly to break his Prior to founding the Statewide Hispanic tation requirements and recommendations. spirit. But the spirit of SAM JOHNSON could not Chamber of Commerce of New Jersey, Mr. As we continue to pursue policies of ac- be broken. He stood up to his captors with Jara was president of the Greater Paterson countability for our education institutions and dignity and with grace. He refused to betray Hispanic Chamber of Commerce for two con- strive to do our part in making higher edu- his country. And he refused to give up on his secutive terms, served on Governor Whit- cation affordable for more Americans, we must God. man’s Advisory Council on Minority Business examine ways that the accreditation process I believe SAM would tell you, if you asked, Development, and the Governors Study Com- can be changed to play a more useful role— that it was the Lord in heaven who saw him mission on Discrimination in State Employ- one that provides meaningful information through those dark days in the Hanoi Hilton. ment and Contracting. about a school to students and parents. I be- But his reliance on our Creator does not make Mr. Jara has received the Hispanic Achieve- lieve the Higher Education Accrediting Agency him less of a hero or less of a man. It makes ment Award from Hispanic Magazine and the Responsibility Act of 2003 is the necessary him one of the greatest living heroes in the Lifetime Achievement Award by the New Jer- first step to achieve this goal. United States of America. And it makes him sey Policy Research Organization. He has an example to us all. also been an active advocate for the disabled f The Sam Johnsons of this world are few community and has been recognized by the and far between. But somehow, this country Association of Hispanic Handicapped of New A TRIBUTE TO ST. LOUIS seems to find one when one is needed. Jersey for his exemplary contributions. CHILDREN’S HOSPITAL Another hero worthy of being recognized is Mr. Jara obtained his bachelor’s degree in Captain Edward Davis from the U.S. Navy, re- Economics and master’s degree in Finance HON. WM. LACY CLAY tired. Captain Davis, a constituent of mine, and Business Administration from Rutgers OF MISSOURI also served our country during the Vietnam University, where he was president of the Rut- War and was a Prisoner of War from 1965 to gers Newark Program Board and the head of IN THE HOUSE OF REPRESENTATIVES 1972. a number of Hispanic student organizations. Thursday, February 13, 2003 Captain Davis served in VA–152. His deco- He is an honorary member of the Rutgers Mr. CLAY. Mr. Speaker, I rise today to pay rations include three Silver Star medals, the Leadership Recognition Society. tribute to St. Louis Children’s Hospital. I am Legion of Merit with Combat Citation, four Today, I ask my colleagues to join me in extremely honored to commend them for their Bronze Stars with valor device, five Air Med- honoring Daniel Humberto Jara for his leader- dedication and commitment to the well-being als, two Purple Hearts and three Navy Com- ship in the Hispanic business community and of precious children in need of medical atten- mendation medals. He retired from the Navy his contributions to the state of New Jersey. tion. They were recently ranked 6th in the na- in 1987. f tion among the top 10 Best Children’s Hos- His service to America should be remem- pitals in America by Child Magazine. The hos- bered. I am honored to have him reside in my INTRODUCTION OF THE HIGHER pital’s devotion to ensuring that children are congressional district. EDUCATION ACCREDITING AGEN- receiving high quality and appropriate medical, I pray that next time around, whether it’s in CY RESPONSIBILITY ACT OF 2003 nursing and mental health care, earned them Iraq or somewhere else, the enemies of free- the privilege of a five-star customer service dom will once again find themselves looking in HON. THOMAS E. PETRI award for patient satisfaction. They placed the face of someone like SAM JOHNSON or Ed OF WISCONSIN fourth for their excellent neonatology/neonatal Davis, someone who is living proof that what IN THE HOUSE OF REPRESENTATIVES intensive care unit (NICU). this country stands for is right, and just, and Thursday, February 13, 2003 good. St. Louis Children’s Hospital is highly de- Mr. PETRI. Mr. Speaker, today, I am intro- voted to improving the health of children and f ducing legislation, the Higher Education Ac- providing the highest quality care. This hos- IN HONOR OF DANIEL HUMBERTO crediting Agency Responsibility Act of 2003, pital has the country’s largest full-service pedi- JARA, RECIPIENT OF THE HIS- that will remove the requirement that institu- atric cerebral palsy program and the world’s PANIC AMERICAN GOOD SCOUT tions of higher education be accredited in largest pediatric lung transplant program in the AWARD order to be eligible for federal funds. The sys- world. The doctors at St. Louis Children’s Hos- tem of accreditation of colleges and univer- pital performed 70 pediatric transplants in HON. ROBERT MENENDEZ sities that has developed in the United States 2001, more than any other hospital surveyed. OF NEW JERSEY does not serve its avowed purpose of ensur- St. Louis Children’s Hospital diligently re- searches to generate scientific information that IN THE HOUSE OF REPRESENTATIVES ing that institutions of higher education have good academic programs and standards, and provides insight to the cause, treatment and Thursday, February 13, 2003 it fails to provide hardly any benefit at all to prevention of childhood disease. In addition, Mr. MENENDEZ. Mr. Speaker, I rise today our higher education system. Additionally, such studies provide essential knowledge for to honor Daniel Humberto Jara, who was hon- more effective and less costly mechanisms improving the general health of all children. ored on February 7th at the Hispanic Amer- are already in place to protect students. For The hospital has conducted more than 500 ican Good Scout Award Dinner at the Robert example, no institution can receive federal peer-reviewed clinical trials, including the larg- Treat Hotel in Newark, New Jersey. funds until the Department of Education cer- est and longest childhood asthma study. The president and founder of the Statewide tifies its financial and administrative capacity, Mr. Speaker, St. Louis Children’s Hospital Hispanic Chamber of Commerce of New Jer- and institutions also must meet various state has provided specialized care for children for sey, Mr. Jara oversees a network of business licensing and oversight requirements related to over 120 years. Their health care profes- partnerships that represent over forty thou- quality. sionals are both skilled and compassionate sand businesses throughout New Jersey and Accreditation these days has little to do with with all patients and their families. They are Philadelphia. He has attained national acclaim academic rigor or educational outcomes; rath- well-deserved of our honor and I urge my col- for his leadership and role in the Hispanic er, it serves only to show that a school has leagues to join me in commending them for business community, and Hispanic Business the right set of inputs, and virtually every col- the commitment and remarkable care they Magazine listed him as one of the 100 most lege and university in the nation is able to provide to the children of the greater St. Louis influential Hispanics in the nation. The State- comply with these standards. Because federal region.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.025 E13PT2 E246 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 DO-NOT-CALL IMPLEMENTATION continued their reign at the top of their divi- fall from power in December of 1989. He was ACT sion. From September to the State Champion- elected interim president of Czechoslovakia on ship, they were ranked number one in their December 29, 1989 and was elected to the SPEECH OF league, ending their season 12–1. The Lil’ presidency on July 5, 1990. His main initia- HON. ANNA G. ESHOO Irish have set the bar high for both their tives and reforms during his time in office in- league and across the state. Aquinas, led by cluded abolishing the death penalty, encour- OF CALIFORNIA Coach David Neiman, has been established aging political tolerance and establishing a IN THE HOUSE OF REPRESENTATIVES as a unified, passionate, and courageous democratic government. Wednesday, February 12, 2003 team. Capturing three State Titles in the last Mr. Havel resigned as president of Czecho- Ms. ESHOO. Madam Speaker, with the con- five years, they have stayed focused on their slovakia on July 20, 1992 in protest of the dis- sideration of H.R. 395, the Do-Not-Call Imple- goals, and despite fierce competition, have not solution of Czechoslovakia into the Czech Re- mentation Act, we’re finally directing our atten- let anyone stand in the way of yet another public and Slovakia. He was subsequently tion to an issue that has affected our constitu- winning season. elected president of the Czech Republic on ents for some time . . . telemarketing. On behalf of the people of the 25th District January 26, 1993 and reelected president on Telemarketing is big business. There are of New York, it is my honor to congratulate the January 20, 1998. Under his leadership the more than 16 billion telemarketing calls made Aquinas High School Football Team and their Czech Republic joined NATO in 1999 and will each year which generate nearly $300 billion coaching staff on their Class A State Football become a member of the European Union in in sales and employ 6 million people. But con- Championship. With these remarks, I would 2004. sumers have grown weary of interruptions like to recognize the following players and Vaclav Havel should be commended for coming from an unwanted sales call at dinner- staff: John Brennan, Arel Gorgon, Ian many reasons. His devotion to freedom and time, while they’re sleeping, or just barely Goodbarlet, Ed Baron, Calvin Hall, Jon Houck, democracy stands as a model for all nations. waking up. They’ve repeatedly asked for a Linell Greene, Mark Zeppis, Ryan Brennan, He has never stopped working hard for human way to avoid these calls. Ryan Rozzi, Chris Kelly, Lou Ricci, Dave rights and other causes that he believes in Twenty-seven states have responded by es- D’Aurello, Chris MacDonald, Dan Zegarelli, strongly. His leadership has carried both tablishing do-not-call lists and more than 12 Jon Sirianni, Nick Rovisa, Josh Kacprzak, Czechoslovakia and the Czech Republic million households have already signed up. Ricky DiFranco, Dom Borrelli, Vaughn Brooks, through tumultuous periods in their histories. At last we have a federal response . . . a Mark Smith, Bill Amering, Sal Rosso, Jason f national do-not-call list. I commend the Fed- O’Mara, Chris Vincelli, Joe Testa, Billy Wag- ner, Andy Laughlin, Chris Citano, Mike INTRODUCING THE CLEAN-UP eral Trade Commission for making this useful METH ACT tool available to the consumers of our nation. Yankowski, Mark Stolke, Matt Stolte, Mike Implementation of the list has an estimated Guey, Tom Neilson, Dan Poors, Andy Brooks, cost of $16 million. This money is well-spent Matt Querola, Joss Rodriguez, Rick Cheffee, HON. DOUG OSE OF CALIFORNIA but it’s extremely important that the FTC’s pro- Nate Adams, Chris Rivera, Reed Rothschild, IN THE HOUSE OF REPRESENTATIVES posal is implemented in the most efficient Pat Duffy, Matt Flecher, David Cassell, Dan manner. Magil, Matt Thompson, John Contestabile, Thursday, February 13, 2003 Effective implementation requires harmoni- Donny Moss, Andy Welch, Head Coach David Mr. OSE. Mr. Speaker, today I reintroduce zation with state laws, as well as a coopera- Nieman, Athletic Director Dick Carons, Presi- The Clean, Learn, Educate, Abolish, Neu- tive effort with the Federal Communications dent Mike Daisy, Principal Sally Cardill, Ath- tralize, and Undermine Production of Commission which is in the process of review- letic Trainer Mike Cararo, and Assistants Methamphetamines Act—or CLEAN-UP Meth ing its ten-year-old telemarketing rules. Derek Annechino, Bob O’Effore, Mark Act. One area that may need refinement is the Magllocco, Pete Haugn, John Marola, John This bill is a bipartisan, comprehensive ef- FTC’s exemption for pre-existing business re- Mintel, and Jack Foote. fort to help local agencies address the growing lationships. The current FTC rules place an f threat that meth production and use poses. 18–month limitation on prior relationships but HONORING CZECH REPUBLIC I am pleased to be joined in this effort by some industries, such as software and infor- PRESIDENT VACLAV HAVEL more than 60 original cosponsors that include mation product manufacturers, may have up- all three Co-Chairs of the Speaker’s Task grades that occur outside this time frame. HON. ALCEE L. HASTINGS Force for a Drug Free America, both the A longer time frame may be necessary so Chairman and Ranking Member of the House OF FLORIDA that the Do-Not-Call list doesn’t have an arbi- Subcommittee on Criminal Justice, Drug Pol- IN THE HOUSE OF REPRESENTATIVES trary impact on consumers and small busi- icy and Human Resources, the Chairman of nesses. Only a consistent framework, not a Thursday, February 13, 2003 the House Judiciary Subcommittee on Crime, patchwork of varying rules, will accomplish our Mr. HASTINGS of Florida. I rise today in the Chairman of the House Agriculture Com- goal of increasing consumer confidence and strong support of this resolution commending mittee and the House Majority Whip. The co- protection. Vaclav Havel. He served as president of sponsors include Republicans and Democrats, I’m proud to be a cosponsor of H.R. 395 Czechoslovakia from 1989 to 1992 and presi- liberals and conservatives, from Hawaii to and look forward to quick enactment of the dent of the Czech Republic from 1993 to North Carolina, and in almost every state in FTC’s Do-Not-Call list. I urge all my col- 2003. between. leagues to vote for it to hasten its implementa- Mr. Havel has lead an interesting and exem- In addition, this bill was supported during tion for the American consumer. plary life. In 1948 his homeland of Czecho- the 107th Congress by more than two-dozen f slovakia was taken over by the Communist national, state and local organizations con- Party. He served in the Czechoslovakian army cerned with the impact of Meth on our society. TRIBUTE TO THE AQUINAS HIGH from 1957 to 1959 and later achieved great Among the bills supporters are the National SCHOOL FOOTBALL TEAM esteem as a playwright during the politically Narcotics Officers Association, the National tolerant period between 1962 and 1968. This Sheriffs’ Association, the National Association HON. JAMES T. WALSH period was quickly brought to a conclusion by of Chain Drug Stores, the National Association OF NEW YORK the Soviet invasion of 1968. of Convenience Stores, the National Fertilizer IN THE HOUSE OF REPRESENTATIVES The era of Soviet control over the Czecho- Institute, the California Association of Highway slovakian people was a very difficult period in Patrolmen, the California Narcotics Officers Thursday, February 13, 2003 Mr. Havel’s life. This new government banned Association, the California Peace Officers As- Mr. WALSH. Mr. Speaker, I rise today to his plays and arrested him in 1975, 1977 and sociation, the California Police Chiefs Associa- congratulate the Aquinas High School Mens 1978 for anti-government activities. In 1979, tion and the Peace Officers Research Asso- Varsity Football Team for winning the Class A Mr. Havel was given a choice between exile ciation of California. New York State Football Championship on and imprisonment. He chose imprisonment As a Californian, I have a heightened December 2, 2002. This has been the second and was therefore in prison until 1983. He was awareness of the danger posed by meth. Cali- consecutive season that Aquinas has clinched imprisoned for another nine months in 1989 fornia is the source of more than 80 percent the Class A Title. for leading anti-government demonstrations. of the meth made and sold in the U.S. Through hard work and dedication the Aqui- Mr. Havel was one of the many people Between 1995 and 1999, the number of nas team has come together this season and whose hard work led the Communist Party to meth labs discovered in California shot from

VerDate Jan 31 2003 04:11 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.029 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E247 559 to 2,061—nearly a four-fold increase in state and local prosecutors as well as sheriffs school districts are often the largest single em- just five years. In 2001, 199 of the 273—or 84 and police officers in the prosecution of meth ployer in their area and rural schools serve as percent—of all ‘‘super labs’’ found in the U.S. law violations. And one quarter of these funds the social, recreational, and cultural foundation were in California. The next most common are set aside for rural communities that are of their communities. state was home to just 17 ‘‘super labs.’’ often hardest hit but lack the resources to at- Although rural and small schools educate My hometown of Sacramento is particularly tack this emerging threat. One example of this nearly 40 percent of America’s students, they hit by Meth. Many of you may remember when rapid growth: DEA arrests for meth production receive less than 25 percent of the total fed- an out of control trucker deliberately drove his and distribution between 1993 and 1999 shot eral, state, and local spending on public edu- big rig into the side of California’s state capitol up from 1,944 to 8,618—an increase of more cation. Rural and small schools tend to be lo- building. The driver was on meth. than 400 percent. cated in areas with low property values and The Sacramento Sheriffs department alone Speaking of training, the bill provides $10 few industries, making it more difficult to raise spends more than $1.3 million each year fight- million to expand the great Clan Lab training additional revenues. Additionally, because fed- ing meth—roughly 75 percent of their entire program run by the DEA in Quantico, Virginia. eral grants are awarded based upon student anti-narcotics budget. In 2000 the Sacramento They do a great job down there, and we need population, rural districts often receive insuffi- Sheriffs dealt with 27 clan labs, in 2001 that to support them. cient grant funds to accomplish the stated pur- was up to 44. Regarding criminal penalties, the CLEAN- pose. The CLEAN-UP Meth Act addresses three UP Meth Act tightens criminal laws used to Rural schools face formidable challenges in areas where our state and local officials really prosecute the promoters of ‘‘raves,’’ the for- recruiting and retaining quality teachers. Com- need help. profit parties aimed at young people that are pared with teachers in central city schools and First, the Environment. often the places where our children our first urban schools, rural teachers tend to be less The CLEAN-UP Meth Act authorizes $30 exposed to these dangerous drugs—too often educated, slightly less experienced, younger, million for cleanup and remediation of our fed- with the full knowledge and consent of the and less likely to belong to a minority group. eral, state and local parks, forests and farm- promoter. Chronically low salaries and benefits exacer- lands. All too often, the environment is the first In conclusion, no matter what you call it— bate the difficulty in attracting quality teachers victim of a meth lab. meth, crank, crystal, or whatever—this drug is to rural and small town schools. For example, It also authorizes $30 million to train law en- an emerging threat across the country. And it in the district that I represent, the U.S. Virgin forcement and other first responders in how to threatens not just those who use it, not just Islands, teachers have not received a substan- safely enter and clean-up a lab, as well as those who know someone who use it, but all tial raise in over seven years to offset the ris- how to meet the OSHA requirements for work- Americans who drink our water, breathe our ing cost of living. There has been no state ing in such a hazardous environment. air, send their kids to school or work our subsidized programs towards teacher certifi- Finally, it authorizes $1 million for the EPA lands. It hits rural and suburban areas, per- cation, advance education, or teacher training. to conduct a study of meth waste’s impact on haps even harder than it does our cities. You Adding to the need to expand the Teacher the environment. cannot just sit back and say it is someone Loan Forgiveness program is the lack of sub- It is important to address environmental else’s problem. That is why I am grateful that stantive incentives on the local level to incite concerns as 4 pounds of waste are created for this Administration, so many of my Republican teacher recruitment and retention within and every 1 pound of meth. In 2001, 12,013 super and Democratic colleagues, and members of outside of the rural communities. Similarly, labs, labs and waste or dump sites required the law enforcement community is focused on there are many challenges associated with clean-up and remediation. the emerging meth threat. And why I am preparing teachers to work with Native Amer- Second, Health and Education. pleased to have so many of them supporting ican children and parents, and often teachers H.R. 3782 will provide $20 million to local our efforts to CLEAN-UP Meth as I reintroduce have not been properly prepared to address schools and education groups to provide anti- this important legislation today. these challenges. Consequently, teachers who drug—and especially anti-meth programs. f are less than qualified are working on Amer- An additional $10 million is provided to local ican Indian reservations, and the retention of health care groups for the treatment of both INTRODUCING THE TEACHER RE- qualified teachers remains a challenge. CRUITMENT ACT OF 2003—H.R. meth abusers, and those abused by meth pro- If ‘‘The Leave No Child Behind Act’’ is truly 5133 ducers and users. One quarter of that money meant to reform our nation’s education, we is specifically set aside for programs helping need to pass legislation that adequately ad- children found in the toxic environment of HON. DONNA M. CHRISTENSEN dresses the deficiencies in our educational meth labs or abused by meth users. OF THE VIRGIN ISLANDS system. To effectively implement the provi- Finally, the bill authorizes $1 million for the IN THE HOUSE OF REPRESENTATIVES sions of ‘‘The Leave No Child Behind Act,’’ we Department of Health and Human Services to must attract and keep quality teachers. The Thursday, February 13, 2003 conduct a study on the impact of not only American Federation, which represents of 1.2 meth use, but also meth production on com- Mrs. CHRISTENSEN. Mr. Speaker, I am million members, has urged the support and munity health. We need to help stop the use pleased to re-introduce H.R. 5133, the passage of amendments to expand eligibility of this deadly drug that 9.4 million Americans ‘‘Teacher Recruitment Act of 2003’’ to expand for loan forgiveness to those who are teaching admitted to having used at least once in 1999 the eligibility of individuals to qualify for loan in schools in need of improvement, as defined and that in 2000, 7.9 percent of high school forgiveness for teachers in order to provide in ‘‘The No Child Left Behind Act.’’ The seniors said they had tried. additional incentives for teachers currently em- ‘‘Teacher Recruitment Act of 2003’’ would ex- Finally, Law Enforcement. ployed or seeking employment in economically pand the eligibility of individuals to qualify for With meth growing so quickly, many local depressed rural areas, Territories, and Indian loan forgiveness for teachers beyond that law enforcement agencies, district attorneys Reservations. available under section 428J of the Higher and other members of the law enforcement Rural and small town schools educate a sig- Education Act by providing additional incen- community are not prepared to deal with its nificant number of America’s students. Nearly tives for such individuals to teach in economi- spread into their community. It is all well and forty percent of America’s school-age children cally disadvantaged or depressed and under- good to find the offenders, but you need to attend public schools in rural areas or small served rural areas. Under this bill, teachers know how to catch them—and perhaps most towns with populations of less than 25,000. may qualify for up to 100 percent student loan importantly—prosecute them to get them out Forty-nine percent of the nation’s public forgiveness. The ‘‘Teacher Recruitment Act of of the system. schools are located in rural areas and small 2003’’ is a good step toward the continuing This legislation authorizes an additional $20 towns and 41 percent of public school edu- challenge of recruiting and retaining teachers million under the COPS program for training of cators teach in rural community schools. Rural in rural areas and I urge its passage.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.032 E13PT2 E248 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 TRIBUTE TO LOVEEDAH NADLER Ecuadorean rose industry employs 50,000 ‘‘The growers we know are very conscious workers, 70 percent of whom are women. of environmental issues,’’ said Harrison Ken- HON. IKE SKELTON I commend the following excerpt from the nicott, the chief executive of Kennicott article to the attention of my colleagues and Brothers, a wholesaler in Chicago who is a OF MISSOURI the public and urge you to read the entire arti- former president of the Society of American IN THE HOUSE OF REPRESENTATIVES Florists, a trade group. cle. In our efforts to express affection for a ‘‘They go to lengths to get certified envi- Thursday, February 13, 2003 loved-one through the purchase of a flower, I ronmentally,’’ Mr. Kennicott said. ‘‘The Mr. SKELTON. Mr. Speaker, it has come to am sure that none of us wants to be a part of growers take care of the people. They pro- my attention that a long and exceptionally dis- the poisoning of another. vide housing and medical care. tinguished career has come to an end. Mrs. [From the New York Times, Feb. 13, 2002] ‘‘Our job is to satisfy our customers, who Loveedah Nadler, of Lexington, Missouri, has BEHIND THE BEAUTY, POOR AND ILL WORKERS are the florists and retailers who deliver (By Ginger Thompson) flowers to the public. Our interest is having retired from her position as Lafayette County the best quality product at a competitive Collector. Cayambe, Ecuador, February 10—In just price.’’ Mrs. Nadler, a graduate of Wellington High five years, Ecuadorean roses, as big and red Yet it is hard to erase images of workers School, Wellington, MO, joined the County as the human heart, have become the new like Soledad, 32, and Petrona, 34, both moth- status flower in the United States, thanks to ers and both looking jaundiced and bony. In Collector’s office on February 2, 1972, working the volcanic soil, perfect temperatures and interviews after quitting time, they asked for then-Lafayette County Collector George B. abundant sunlight that help generate $240 not to be fully identified out of fear that Gordon. However, Mr. Gordon passed away in million a year and tens of thousands of jobs they would lose their $156-a-month jobs cut- June, 1974, leaving Mrs. Nadler to train his in this once-impoverished region north of Quito. ting flowers in greenhouses. The women said wife to fill the position until an upcoming elec- they had elementary school educations but tion in November of that year. In that election, This St. Valentine’s Day, hundreds of American florists and catalogs are offering did not need high-level science to tell them Warner Bounds was elected to the position the roses of this fertile valley. Calyx & Co- why their kidneys throbbed at night and and Mrs. Nadler stepped in once again and rolla, for instance, bills it as a place ‘‘where heads throbbed in the day. trained the newly elected official. During Mr. Andean mists and equatorial sun conspire to ‘‘There is no respect for the fumigation Bounds’ third term in 1982, he was struck with produce roses that quickly burst into ex- rules,’’ said Petrona, who has worked on health problems leaving, Mrs. Nadler to as- travagant bloom, then hold their glory long flower farms for four years. ‘‘They spray the chemicals even while we are working.’’ sume many of the collector’s responsibilities. after lesser specimens have begun to droop.’’ But roses come with thorns, too. As Ecua- ‘‘My hair has begun to fall out,’’ she added, Mrs. Nadler ran for the office of Lafayette dor’s colorful blooms radiate romance running a hand from the top of her visibly County Collector in 1986 and was elected in around the world, large growers here have receding hairline down a single scruffy braid. November of that year. She ran unopposed for been accused of misusing a toxic mixture of ‘‘I am young, but I feel very old.’’ reelection in 1990, 1994, and 1998. In her ten- pesticides, fungicides and fumigants to grow Soledad, who has worked on flower farms ure working in the Office of County Collector, and export unblemished pest-free flowers. for 12 years, slowly turned her head from Mrs. Nadler blessed the office with her friendli- As in other industries like garment pro- side to side. duction, bananas and diamonds, the poor ‘‘If I move my head any faster, I feel nau- ness, ability, and willingness to work with peo- worry about eating first and labor conditions seous,’’ she said, and then pulled up her ple. Though her term officially ends on Feb- later. They toil here despite headaches and sleeve to show her skeletal limbs. ‘‘I have no ruary 28, 2003, her dedication to the Lafayette rashes here for the wealthier of the world, appetite.’’ County Collector’s Office will be evident for who in turn know little of the conditions in When asked whether the farm where they years to come. which their desires are met. worked had a doctor on duty, the women Mr. Speaker, Loveedah Nadler has dedi- Doctors and scientists who have worked rolled their eyes. here say serious health problems have re- cated 31 years of service to Lafayette County, ‘‘He always tells us there is nothing wrong sulted for many of the industry’s 50,000 work- with us and sends us back to work,’’ Petrona serving with dedication. As Mrs. Nadler pre- ers, more than 70 percent of them women. said. ‘‘He works for the company. He does pares to spend more time with her husband Researchers say their work is hampered by not help us.’’ . . . Kenny, her granddaughter, and the rest of her lack of access to flower farms because of re- f family, I know the Members of the House will luctant growers. But studies that the Inter- join me in wishing her all the best in the days national Labor Organization published in TRIBUTE TO CHIEF WARRANT ahead. 1999 and the Catholic University issued here OFFICER MARK S. O’STEEN last year showed that women in the industry f had more miscarriages than average and ROSES THAT KILL that more than 60 percent of all workers suf- HON. TERRY EVERETT fered headaches, nausea, blurred vision or fa- OF ALABAMA tigue. IN THE HOUSE OF REPRESENTATIVES HON. GEORGE MILLER ‘‘No one can speak with conclusive facts in Thursday, February 13, 2003 OF CALIFORNIA hand about the impact of this industry on the health of the workers, because we have IN THE HOUSE OF REPRESENTATIVES Mr. EVERETT. Mr. Speaker, I rise today to not been able to do the necessary studies,’’ pay tribute to an American hero, Chief War- Thursday, February 13, 2003 said Dr. Bolivar Vera, a health specialist at the Health Environment and Development rant Officer Mark S. O’Steen, of Ozark, Ala- Mr. GEORGE MILLER of California. Mr. Foundation in Quito. ‘‘So the companies bama, in my congressional district. An Army Speaker, I would like to call my colleagues at- have been able to wash their hands of the Special Forces helicopter pilot, he recently tention to an article that appeared in the Feb- matter.’’ . . . gave his life in service to our nation during ruary 13, 2003 issue of the The New York Dr. Ce´sar Paz-y-Min˜ o, a geneticist at the Operation Enduring Freedom in Afghanistan. Times. The article was written by Ginger Catholic University, said several pesticides On January 30, while piloting a training mis- Thompson and appeared under the headline used on a farm that was the setting for his research in the late 1990’s were restricted as sion flight in an MH–60 Black Hawk helicopter, ‘‘Behind Roses’ Beauty, Poor and Ill Workers.’’ health hazards in other countries, including Mark O’Steen and three of his comrades lost This St. Valentine’s day, many of roses the United States, and labeled as highly their lives when their aircraft went down east Americans will purchase as expressions of toxic by the World Health Organization. of Bagram Air Force Base. Their sacrifices love for spouses, parents and others will have Among the most notorious are captan, were not in vain. been produced in Ecuador. In a 20-year pe- aldicarb and fenamiphos. Dr. Paz-y-Min˜ o re- Mark O’Steen was and remains an inspira- riod, Ecuador has become the fourth-largest fused to identify the flower farm under an tion to all of us, living his life for God and producer of roses in the world. The Andean agreement that he said he had with the own- ers. country. Highly motivated and talented, he fol- Trade Preference Treaty of 1991 provides tar- He described the conditions as astonishing lowed in the footsteps of his late father and iff-free access to American markets. and recalled workers’ fumigating in street older brothers in pursing a military career. It, therefore, behooves us, both as Members clothes without protective equipment, pes- An excellent athlete, linguist, military pilot, of Congress and as consumers, to be aware ticides stored in poorly sealed containers and husband, father, and son, Mark O’Steen em- of the conditions under which these roses are fumes wafting over the workers’ dining halls. bodied the best of Alabama and our nation. produced. As Ms. Thompson’s article makes When asked what government agencies mon- He was proud of his work and did not let the itor worker health and safety, Dr. Paz-y- clear, there is reason for serious concern that Min˜ o said, ‘‘There are no such checks.’’ . . . ever-present risk inherent in military service workers, making as little as $156 a month, are Industry representatives denied that there worry him. being poisoned as a result of the misuse of was a health problem or that unacceptable I join our Commander-in-Chief in offering pesticides, fungicides, and fumigants. The risks were taken. the nation’s gratitude for Mark’s service and

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.035 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E249 sacrifice to protect and preserve our freedoms. She is perhaps best remembered for her Whereas it should be acknowledged the I also pass along my heartfelt condolences to struggle to obtain equal rights for all, regard- women who serve a grateful nation are com- Mark’s family. This nation will be forever grate- less of age, race, or gender. mitted to preservation of the freedoms of this ful to you. To her, life was about the dignity of all peo- Nation and serve today at the forefront of our f ple—from the most oppressed of women to military in almost every specialty and; the most innocent and defenseless of all, the Whereas it should be acknowledged that the IN HONOR OF MARIANO VEGA, JR., unborn. first group of women who volunteered to serve RECIPIENT OF THE HISPANIC As a pro-life woman, I can very much iden- their Nation led the way and broke the ground AMERICAN GOOD SCOUT AWARD tify with her deeply held belief in the rights of for all the women who serve today and are the unborn. I personally believe that life begins entitled to a special debt of gratitude and HON. ROBERT MENENDEZ at conception. That means that I want to pro- thanks; OF NEW JERSEY tect and nurture human life in every stage of Therefore, let it be known that the 60th an- IN THE HOUSE OF REPRESENTATIVES development. niversary of the women who have served in Thursday, February 13, 2003 Partial birth abortion is not an option. It is a the United States Marine Corps marks a mile- Mr. MENENDEZ. Mr. Speaker, I rise today death sentence. It is my hope that this Con- stone that a grateful Nation acknowledges as to honor Councilman Mariano Vega, Jr., who gress will pass, and the President will sign, a those women and the women today and those was honored on February 7th at the Hispanic measure outlawing this repulsive procedure. that follow will continue to pursue a course of Susan B. Anthony was truly a compas- American Good Scout Award Dinner at the action that serves to inspire all freedom loving sionate sole and a protector of women and Robert Treat Hotel in Newark, New Jersey. people in the world. SEMPER FIDELIS! Mr. Vega’s career demonstrates his dedica- children. I feel it very appropriate to recognize tion to social service and his compassion for her on this anniversary of her birth. f f families, children, and the elderly living TRIBUTE TO OUR TROOPS throughout our community. Before serving on SUSAN B. ANTHONY the City Council, he was director of Hudson County Department of Public Resources, chief HON. FRED UPTON of Hudson County Division of Social Services, HON. SUE WILKINS MYRICK OF MICHIGAN OF NORTH CAROLINA and director of the Jersey City Division of Wel- IN THE HOUSE OF REPRESENTATIVES fare. IN THE HOUSE OF REPRESENTATIVES Thursday, February 13, 2003 A dedicated educator, Councilman Vega Thursday, February 13, 2003 has worked in many capacities as part of his Mrs. MYRICK. Mr. Speaker, Susan B. An- Mr. UPTON. Mr. Speaker, I rise today to commitment to improving education. A former thony is best remembered as a great women’s recognize the brave men and women of the teacher and counselor, he also served as as- rights campaigner. On February 15th, her 415th Civil Affairs Company of the U.S. Army sistant director of Admissions at Montclair 183rd birthday, we recognize that she was in- Reserve in Kalamazoo, Michigan. Often over- State College in New Jersey, and as acting di- deed instrumental in helping women achieve looked, our Reservists provide an invaluable rector for the Equal Opportunity Office at the the right to vote. service to our country and to our Armed University of Medicine and Dentistry of New Another piece of her legacy that is often Forces. The 415th Civil Affairs Company has Jersey. brushed over but equally important is her com- been on continuous deployment for the better A graduate of Montclair State College, Mr. mitment to the rights of unborn children. part of the last decade, separated from fami- Vega also studied at Rutgers University Susan B. Anthony believed that all people lies, careers, and livelihoods. Now, these folks School of Social Work, School of Law, and should be treated equally, and she made no are being deployed to Kosovo to help keep Graduate School of Education; Cornell Univer- exception for unborn children. She did not see the peace in an uncertain world. Freedom isn’t sity School of Industrial and Labor Relations; a difference in fighting for women’s rights and free; it comes at a price—and individuals like and has participated in the Leadership Insti- protecting the right to life for all children. these are the ones who bear the cost. I wish tute on Workforce Development and the His- This is why I am taking this opportunity to them a safe return. panic Leadership Opportunity Program. Mr. honor her birthday today. As we think back on Vega was a National Policy Fellow at the Susan B. Anthony’s tireless work to promote f former Department of Health, Education and the dignity of all life, let us renew our own Welfare, which today is known as the U.S. De- INTRODUCTION OF THE ‘‘PARTIAL- commitment to fight for equal rights, especially partment of Health and Human Services. BIRTH ABORTION BAN ACT OF Councilman Vega has served as president for unborn children who have no voice to fight 2003’’ REP. STEVE CHABOT of the Jersey City Board of education and Jer- for themselves. sey City Borinquen Lions Club and commis- f HON. STEVE CHABOT sioner of the Jersey City Planning Board. He 60TH ANNIVERSARY OF WOMEN IN OF OHIO founded the Liberty Soccer Club and Inter- MARINE CORPS IN THE HOUSE OF REPRESENTATIVES national Recreation and Educational Exchange Program, and was a founding member of the HON. HEATHER WILSON Thursday, February 13, 2003 Liberty Academy of Visual Arts and the His- Mr. CHABOT. Mr. Speaker, today, on behalf panic Leadership Association. OF NEW MEXICO IN THE HOUSE OF REPRESENTATIVES of a bi-partisan coalition, I have introduced the Today, I ask my colleagues to join me in ‘‘Partial-Birth Abortion Ban Act of 2003.’’ honoring Mariano Vega, Jr., for his contribu- Thursday, February 13, 2003 The ‘‘Partial-Birth Abortion Ban Act of 2003’’ tions to the City of Newark and the state of Mrs. WILSON of New Mexico. Mr. Speaker, would ban the dangerous and gruesome pro- New Jersey, and his continued dedication to I would like to take this opportunity to com- cedure known as a partial-birth abortion in public service. memorate the contributions of the thousands which a physician delivers an unborn child’s f of women who have served in the United body until only the head remains inside the HONORING SUSAN B. ANTHONY States Marine Corps throughout history. They womb, punctures the back of the child’s skull celebrate their 60th anniversary today, Feb- with a sharp instrument, and sucks the child’s HON. BARBARA CUBIN ruary 13th, when the first group of women brains out before completing delivery of the OF WYOMING went off to Hunter College in 1943 to train as dead infant. The great majority of these abor- Women reservists to ‘‘Free a Man to Fight!’’ ln tions are performed on unborn infants from the IN THE HOUSE OF REPRESENTATIVES honor of this anniversary I enter the following 20th to the 26th week of pregnancy and more Thursday, February 13, 2003 proclamation into the official record of today. often than not on the healthy babies of healthy Mrs. CUBIN. Mr. Speaker, I rise today to Whereas since its inception in 1943 to ‘‘Free mothers. The ‘‘Partial-Birth Abortion Ban of recognize and honor a true pioneer in the fight a Man to Fight’’ under the leadership of Col. 2003’’ is similar to the previous bans on par- for women’s rights; a woman who 183 years Ruth Cheney Streeter, thousands of women tial-birth abortion approved by the House in ago this month set out on a life and career have served the Corps in every clime and that an abortionist who violates the ban will be that would earn her a place in history—Susan place and have continued to be an essential subject to fines or a maximum of two years B. Anthony. part of the United States Marine Corps; imprisonment, or both; a civil cause of action

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.038 E13PT2 E250 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 is established for damages against an abor- Although the Supreme Court in sensible bipartisan legislation would require tionist who violates the ban; and a doctor can- Stenberg was obligated to accept the that all semiautomatic firearms manufactured not be prosecuted under the ban if the abor- district court’s findings regarding the after January 1, 2006, which have removable tion was necessary to save the life of a moth- relative health and safety benefits of a magazines, be equipped with plainly visible er whose life is endangered by a physical dis- partial-birth abortion due to the appli- chamber load indicators and magazine dis- order, physical illness, or physical injury, in- cable standard of appellate review, connect mechanisms. cluding a life-endangering physical condition Congress possesses an independent con- As with many other consumer products, fire- caused by or arising from the pregnancy itself. stitutional authority upon which it arm design can reduce the risk of injury. But A moral, medical, and ethical consensus ex- may reach findings of fact that con- unlike other products, gun design decisions ists that the practice of performing a partial- tradict those of the trial court. Under have been largely left to manufacturers. Fortu- birth abortion is a gruesome and inhumane well-settled Supreme Court jurispru- nately, firearms manufacturers have already procedure that is never medically necessary dence, these congressional findings will produced many guns with safety devices, such and should be prohibited. Rather than being be entitled to great deference by the as chamber load indicators and magazine dis- an abortion procedure that is embraced by the federal judiciary in ruling on the con- connect mechanisms, which can help reduce medical community, particularly among physi- stitutionality of a partial-birth abor- the risk of accidental injuries. cians who routinely perform other abortion tion ban. Thus, the first section of the A chamber load indicator indicates that the procedures, partial-birth abortion remains a ‘‘Partial-Birth Abortion Ban Act of gun’s firing chamber is loaded with ammuni- disfavored procedure that is not only unneces- 2003’’ contains Congress’s factual find- tion, but to be effective, a user must be aware sary to preserve the health of the mother, but ings that, based upon extensive med- of the indicator. Generally, chamber load indi- in fact poses serious risks to the long-term ical evidence compiled during congres- cators display the presence of ammunition via health of women and in some circumstances, sional hearings, a partial-birth abor- a small protrusion somewhere on the hand- their lives. It is also a medical fact that the un- tion is never necessary to preserve the gun. Unfortunately, most chamber load indica- born infants aborted in this manner are alive health of a woman. tors do not clearly indicate their existence to until the end of the procedure and fully experi- The ‘‘Partial-Birth Abortion Ban Act untrained users or observers. We must ensure ence the pain associated with the procedure. of 2003’’ does not question the Supreme these indicators are easily visible to all gun As a result, at least 27 states banned the pro- Court’s authority to interpret Roe v. users, and my legislation will do just that. cedure as did the United States Congress Wade and Planned Parenthood v. By comparison, a magazine disconnect which voted to ban the procedure during the Casey. Rather, it challenges the factual mechanism is an interlocking device which 104th, 105th, and 106th Congresses. conclusion that a partial-birth abor- prevents a firearm from being fired when its Three years ago in Stenberg v. Carhart, tion might, in some circumstances, be ammunition magazine is removed, even if however, the United States Supreme Court the safest abortion procedure for some there is a round in the chamber. Interlocks are struck down Nebraska’s partial-birth abortion women. The ‘‘Partial-Birth Abortion found on a wide variety of consumer products ban as an ‘‘undue burden’’ on women seeking Ban Act of 2003’’ also responds to the to reduce injury risks. For example, most new abortions because it failed to include an ex- Stenberg Court’s second holding, that cars have an interlocking device that prevents ception for partial-birth abortions deemed nec- Nebraska’s law placed an undue burden the automatic transmission shifter from being essary to preserve the ‘‘health’’ of the mother. on women seeking abortions because moved from the ‘‘park’’ position unless the The Stenberg Court based its conclusion ‘‘that its definition of a ‘‘partial-birth abor- brake pedal is depressed. It is common sense significant medical authority supports the prop- tion’’ could be construed to ban not that a product as dangerous as a gun should osition that in some circumstances, [partial only partial-birth abortions (also contain a similar safety mechanism. birth abortion] would be the safest procedure’’ known as ‘‘D & X’’ abortions), but also At the age of sixteen, I was left paralyzed for pregnant women who wish to undergo an the most common second trimester when a police officer’s gun accidentally dis- abortion on the trial court’s factual findings abortion procedure, dilation and evacu- charged and severed my spine. Although the about the relative health and safety benefits of ation or ‘‘D & E.’’ The ‘‘Partial-Birth act was unintentional, I am reminded every partial-birth abortions—findings which were Abortion Ban Act of 2003’’ includes a day of the tragedies that can occur when fire- highly disputed. Yet, because of the highly new definition of a partial-birth abor- arms are mishandled. Unfortunately, I am not deferential clearly erroneous standard of ap- tion that clearly and precisely confines alone in my experience. In 1999, the Centers pellate review applied to lower court factual the prohibited procedure to a D & X for Disease Control reported that over 820 findings, the Stenberg Court was required to abortion. people were killed in the United States by ac- accept these trial court findings. This bill is not new. This chamber cidental discharges of firearms, and many These factual findings are incon- has passed legislation to ban this pro- more were injured. Clearly, mistakes can hap- sistent with the overwhelming weight cedure four times and twice, this cham- pen even when guns are in the hands of high- of authority regarding the safety and ber voted to override the President’s ly-trained weapons experts, which is why safe- medical necessity of the partial-birth veto of this bill. Now that we have a ty devices are so critical. abortion procedure—including evidence President who is equally committed to I urge my colleagues to join me and the 33 received during extensive legislative the sanctity of life and who has prom- original co-sponsors of this bill in reducing the hearings during the 104th, 105th, and ised to stand with Congress in its ef- risk of unintentional shootings. Please co- 107th Congresses—which indicates that forts to ban this barbaric and dan- sponsor this responsible measure, and help a partial-birth abortion is never medi- gerous procedure, it’s time for Con- make firearms and their storage safer while cally necessary to preserve the health gress to act to place this bill in front of protecting those unfamiliar with the operation of a woman, poses serious risks to a the President and end this barbaric and of guns. woman’s health, and lies outside the dangerous procedure. f standard of medical care. In fact, a f prominent medical association has NORTH TEXAS MOBILITY concluded that partial-birth abortion is INTRODUCTION OF THE ACCI- IMPROVEMENT ACT OF 2003 ‘‘not an accepted medical practice,’’ DENTAL SHOOTING PREVENTION and that it has ‘‘never been subject to ACT HON. MICHAEL C. BURGESS even a minimal amount of the normal OF TEXAS medical practice development.’’ HON. JAMES R. LANGEVIN IN THE HOUSE OF REPRESENTATIVES Thus, there exists substantial record OF RHODE ISLAND evidence upon which Congress may Thursday, February 13, 2003 IN THE HOUSE OF REPRESENTATIVES conclude that the ‘‘Partial-Birth Abor- Mr. BURGESS. Mr. Speaker, I rise today to tion Ban Act of 2003’’ should not con- Thursday, February 13, 2003 introduce the North Texas Mobility Improve- tain a ‘‘health’’ exception, because to Mr. LANGEVIN. Mr. Speaker, today I am ment Act of 2003. do so would place the health of the joined by 33 of my colleagues in introducing Transportation, its related infrastructure, and very women the exception seeks to the ‘‘Accidental Shooting Prevention Act’’ to industry are a vital part of Texas’ economic serve in jeopardy by allowing a medi- address the large number of firearm injuries development and a significant contributor to cally unproven and dangerous proce- and deaths that occur when users mistakenly quality of life in the 26th congressional district dure to go unregulated. fire guns they believe are not loaded. This of Texas. My congressional district includes

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.044 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E251 the growing northern suburbs of the Dallas- The Forest Service has not been able to tional forest lands from the United States to Fort Worth Metroplex, which provides state adequately address insect outbreak, cata- anyone else; (2) transfers Forest Service na- and local officials with some of our greatest strophic fire, and other fish and wildlife habitat tional forest decision authority to anyone else; transportation mobility challenges. The in- and ecosystem health issues on the lands it (3) exempts Forest Service decisions or the crease in traffic over the past three decades is manages within the basin. That is why I am in- priority activities from environmental laws, or a result of unprecedented population and em- troducing The Clearwater Basin Project Act to from administrative appeal and judicial review; ployment growth experienced in the North provide a better mechanism to address critical or (4) impairs opportunities for participation by Texas region. resource issues concerning Clearwater and any interest group or the general public. The transportation congestion and mobility Nez Perce national forest lands. The legisla- The need for this legislation is greater now challenges of Interstate 35 East could mini- tion takes advantage of existing collaboration then ever. Elk City, a small rural community in mize economic opportunity and investment in and stewardship mechanisms to provide a my district, is an island in a sea of Forest the North American international trade corridor more effective framework for stakeholders to Service, Bureau of Land Management, and if our country’s leaders do not support the de- work with the Forest Service to attain some state lands. The town is surrounded by dead velopment of an efficient, seamless, inter- meaningful forest management results on the and dying timber. However, because of federal modal trade and transportation system. With ground. regulations there is little or no access to the congressional passage of several important In 1996, the state of Idaho established a resource. That is threatening the local mill and trade agreements, the heartland of America Federal Land Task Force to design potential placing the city and its residents at risk of cat- enters a new era as a geographic crossroad pilot projects on federal lands. The task force astrophic wildfires. Inaction no longer is an al- for international trade. report identified a broken decision-making ternative for the Clearwater Basin. We cannot Interstate 35 extends from Laredo, Texas, process as part of the problem on federal sit idly by and watch the forest bum. We must the busiest U.S. border crossing into Mexico, lands. An eight-member working group identi- take action before our precious resource is de- to Duluth, Minnesota. One third of the highway fied five pilot projects on Idaho’s federal lands. stroyed and the lives of those dependent upon is in Texas, including the Dallas-Fort Worth The legislation I am introducing today is a the resources are changed forever. Metroplex. Of $57 billion in U.S. trade into product of that process. The Clearwater Basin f Mexico annually, 78 percent moves through Project Act implements concepts and address- Laredo, and much of that on Interstate 35. es needs identified in the Clearwater Basin EIGHT AMERICAN HEROES FROM The North American Superhighway’s Coalition Collaborative Project that was described in the THE GREAT STATE OF OHIO estimates it will take $3.4 billion to upgrade December 2000 Federal Land Task Force Interstate 35 over the next five years. Texas Working Group Report, ‘‘Breaking the Grid- HON. STEPHANIE TUBBS JONES alone would require about $2.87 billion. lock.’’ The aims of the original Clearwater OF OHIO I am actively working with local, state, and Project and the Act are to provide a better IN THE HOUSE OF REPRESENTATIVES federal officials to improve international trade mechanism to address critical resource issues Thursday, February 13, 2003 transportation on Interstate 35 by widening concerning Clearwater and Nez Perce national Mrs. JONES of Ohio. Mr. Speaker, I rise in current lanes and adding frontage roads with- forest lands within the basin. honor eight American heroes from the great out sacrificing Texas’ ability to meet its regular This legislation provides an up-to-date, rea- sonable and realistic approach to imple- State of Ohio. mobility needs within the state. The North JoAnn Gallitto, Robert S. Kraska, Paul J. menting a pilot project on national forest lands Texas Mobility Improvement Act of 2003 Mizerak, Florence I. Ousley, George T. in the Clearwater Basin. The Act facilitates for- would authorize $2.5 million to widen from four Radigan, Walter L. Ratcliffe, Kathleen C. est management through consensus-building lanes to six lanes those segments of Interstate Sauterer, and Theresa Ann Yakubik are the procedures to expedite identification, sched- 35 East between FM Road 2181 and Lake honorees of the distinguished Franklin A. Polk uling and implementation of specific high-pri- Lewisville in Denton County. The environ- Public Servants Merit Award presented by the ority forest stewardship activities. The legisla- mental review for this interstate expansion is Cuyahoga County Bar Foundation and the tion provides a working test of innovative col- currently underway by the Texas Department Cuyahoga County Bar Association as a result laborative management, fully within the frame- of Transportation. of their more than twenty years of faithful serv- With ever-increasing demands on our trans- work of existing environmental laws. This legislation requires the Secretary of Ag- ice to the bench, bar and public in Cuyahoga portation system for both local mobility and County. international trade transportation improve- riculture to establish the Clearwater Advisory Panel (CAP), a collaborative group comprised JOANN GALLITTO—CLEVELAND HEIGHTS MUNICIPAL ments, the North Texas Mobility Improvement COURT of a broad spectrum of stakeholders in Clear- Act of 2003 would help the Texas Department Cleveland Heights Municipal Court Chief water Basin national forest management. The of Transportation accelerate the widening of Deputy Clerk JoAnn Gallitto is this year’s CAP is to work with the Forest Service, other the segments both north and south of the ex- nominee of Judge A. Deane Buchanan. JoAnn agencies and the public to consider and rec- isting 6-lane segment in order to alleviate the has been employed at the Court since 1974, ommend specific high-priority forest steward- overburdensome bottlenecking on this vital and she has been Chief Deputy Clerk since ship activities to implement over a five-year segment of Interstate 35 East. Mr. Speaker, I 1984. Her duties include supervision of the strongly support the widening of this portion of period within the Basin. This act does not bypass existing environ- Civil Division of Ohio’s largest single judge Interstate 35 East. The North Texas Mobility municipal court, the processing of new cases, Improvement Act of 2003 would provide for mental legislation. Rather, it requires the For- est Service and other federal agencies to judgment execution proceedings, preparation the additional needed funding to complete the of judgment entries and a myriad of other project and address the immediate needs of complete National Environmental Policy Act (NEPA) and other consultation and coordina- tasks, including direct contact with the bar and my constituents and other North Texas com- public. A graduate of Shaw High School in muters that Interstate 35 East on a daily basis. tion procedures for each proposed schedule of activities, within one year after the Forest East Cleveland, JoAnn is the eldest of 4 chil- f Service issues the public scoping notice for dren, who credits her upbringing by two hard- INTRODUCTION OF THE the proposed schedule. The appropriate forest working parents in a close, traditional Italian- CLEARWATER BASIN PROJECT ACT supervisor is required to review the five-year American family, with instilling in her a level of schedule of activities for each forest, then encouragement and support that has allowed issue a decision document within 30 days re- her to succeed personally and professionally. HON. C.L. ‘‘BUTCH’’ OTTER An avid Browns’ and Indians’ fan, JoAnn looks OF IDAHO garding whether to approve the schedule rec- forward to a Super Bowl trophy in Cleveland IN THE HOUSE OF REPRESENTATIVES ommended by the CAP. The Act also provides additional authority sometime soon. While waiting for that event, Thursday, February 13, 2003 for stewardship and other contracting to pre- she enjoys reading and music of the ’50’s and Mr. OTTER. Mr. Speaker, I rise before the pare and carry out activities recommended ’60’s, particularly that of Dean Martin, whose House today to introduce the Clearwater Basin and approved for priority implementation. Also shows she saw frequently while visiting her fa- Project Act, a bill to provide for enhanced col- authorized is monitoring to measure the suc- vorite vacation destination Las Vegas, the laborative forest stewardship management cess of the project and to assure account- home of two very good friends. JoAnn has a within the Clearwater and Nez Perce national ability and determine what funding and other myriad of memories in almost three decades forests in Idaho. I am pleased to be joined by support is needed for the project to succeed. of work. She recalls, from early in her career, Congressman MIKE SIMPSON, a fellow Ida- It is important to note that nothing in this act the excitement of being a witness at a wed- hoan, in introducing this legislation. (1) transfers ownership or control of any na- ding before her Judge, which was followed

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.047 E13PT2 E252 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 about a week later by the happy couple’s filing public employment some four decades ago as 1994. He is proud to recall his mother’s public assault charges against each other. She also a summer employee of the County Recorder’s service with the Cleveland Board of Education relates the story of a lawyer who asked for a office, Florence has worked more than the last as a nurse and educator and her pioneering continuance of a hearing on the day of the quarter century at Probate Court. A graduate efforts to gain employment for African-Amer- hearing as a result of severe bronchitis; she of Notre Dame Academy, Florence has been ican nurses. He was also a pioneer, as the told the lawyer that he would need to file the a single mom for 27 years and is proud of her first African-American student at Shaker’s continuance in writing, only to be amused later three children, Dionne, Holly and Flournoy, all Moreland Elementary School, and he attended that same day to have the not-so-sick lawyer now adults. She has been active in many po- the Shaker schools through high school. Mar- there to file his continuance. JoAnn is proud to litical activities, but she also finds time to as- ried for two decades to April, and the father of note that she is the second generation of her sist the elderly in nursing homes by providing three, Walter is the Youth Director at Good family to be honored with the Public Servants cosmetology services. She also enjoys read- Merit Award, having followed the example of ing, cooking, listening to music and line danc- Shepherd Baptist Church and participates in her Uncle, Richard Gallitto, who was honored ing! Florence’s commitment to public service Church and Youth Ministry. Recognizing that in 1982. can be traced to helping her father, former court proceedings are serious, he points to ROBERT S. KRASKA—CUYAHOGA COUNTY COURT OF Councilman and Judge Theodore M. Williams. some humor, particularly the instance of an COMMON PLEAS However, that lifetime of achievement by Flor- obviously delusional criminal defendant, who Robert Steven Kraska is the Assistant Chief ence still leaves her with pride about a recent insisted that the acting judge presiding that Court Reporter at the General Division of the part of her life, her substantial time with her day was, in fact, television’s George Jefferson, Court of Common Pleas and has been a court pride and joy, her grandson, Quinn, who, with- and who demanded an opportunity to see the reporter there since 1975. Administrative and out apologizing to Muhammad Ali, she says is Judge’s wife ‘‘Weezy.’’ At the same time, that Presiding Judge Richard McMonagle’s nomi- ‘‘The Greatest.’’ defendant thought Walter was ‘‘Wimpy’’ from nee, Robert is a 1969 graduate of Garfield GEORGE T. RADIGAN—UNITED STATES DISTRICT COURT the comic Popeye and was glad to offer to pay Heights High School, who worked in the pri- (N.D.O.) Walter Tuesday for a hamburger that day. vate sector until his graduation from the Acad- George T. Radigan, Chief United States emy of Court Reporting and employment with District Judge Paul Matia’s nominee, has been KATHLEEN C. SAUTERER—CLEVELAND MUNICIPAL COURT the Court. Robert, the father of a grown son, a probation officer for more than two decades. CLERK OF COURTS was on the All Ohio High School Baseball After a few years’ service with the Cuyahoga As Deputy Director of the Cleveland Munic- Team his senior year and enjoys attending County Court of Common Pleas, George has, ipal Court’s Criminal Division, Kathleen C. games at Jacobs Field. He also fishes and since 1974, been involved in both pre- and Sauterer makes sure that her division runs travels to Canada and West Virginia to play post-sentencing probation services, including smoothly. She continues to be instrumental in slot machines. Robert recalls two incidences preparation of sentencing recommendations, the Court’s efforts to bring its new computer clearly, from his many years of court reporting, supervision of pre-release clients and moni- system on-line in 2004. As a 30–year em- but he discreetly will not identify either Judge toring of offenders after their release from for- ployee, since about the time of her graduation involved. In one, he recalls a lawyer arguing mal custody. A John Carroll University grad- from Cleveland’s John Marshall High School, that his client was ‘‘as sober as a Judge,’’ uate, George is married to Kathleen and is fa- Clerk Earle C. Turner’s nominee has risen ther to two adult sons. To him, his true bless- which, after looking at the Judge, he corrected from a part-time position through supervisor of ‘‘as sober as the Pope.’’ Another time, when ing is his wonderful family. He has actively the night shift to her current position. Kathleen a Judge seemed to be a little lost in asking participated in parents’ groups for his sons’ has been active at her two daughters’ school some standard questions of a defendant when high schools and colleges and also his own taking a criminal plea, Robert tried to help by college alunmi organization. As he nears the and prides herself on her almost 24 years of suggesting that the next question should be end of his career, he reflects that his service marriage to her husband James, with whom ‘‘Are you under the influence of drugs or alco- has been a major part of his life, and he she lives in Olmsted Falls. When not assisting hol?’’ to which the Judge replied, ‘‘No, I am hopes that he has helped his clients in a posi- her daughters and husband, Kathleen enjoys not.’’ tive manner. He does recall, with clarity, two gardening. PAUL J. MIZERAK—CLEVELAND MUNICIPAL COURT occasions involving his car, which gave some THERESA ANN YAKUBIK—CUYAHOGA COUNTY CLERK OF Chief Bailiff Paul Joseph Mizerak is Cleve- humor to a serious job. The first occurred COURTS land Municipal Court Administrative Judge when he was visiting a client who was a well- This year, Connnon Pleas Clerk Gerald E. Larry Jones’ nominee this year. Paul has known auto thief. He locked his keys in his car worked at the Court since 1976, following em- and, reluctantly, asked that client to help him. Fuerst, a long-time supporter of the Public ployment at U.S. Steel and Yellow Trucking. In a matter of seconds, his car was open, and Servants Merit Awards, has nominated The- Paul’s duties are many. He oversees depart- the client inquired, ‘‘Was that a test, Mr. resa Ann Yakubik. Since about the time she ment supervisors, ensures enforcement of Radigan’’? Second, he was dealing with a graduated from high school, Theresa has court orders, manages the day-to-day oper- wellknown organized crime figure and George worked at the Common Pleas Court Clerk’s ations of his department (including scheduling, was asserting the criminal had violated his Office, starting as a deputy clerk in the Mort- assignments and discipline) and trains all su- probation and requested that he be returned gage Department and proceeding through a pervisors in his department. Paul graduated to prison. At that time, the criminal noted ‘‘I number of positions to that of Chief Internal from the Cleveland schools and received think you need a new car.’’ Four years later, Auditor, a title she has proudly held for the bachelor’s and master’s degrees at Cleveland when the criminal was released, George still past decade. Theresa verifies titling receipts State University. Paul is a hitter, but in a good had the same car (which he liked), and the cli- and data for accuracy and insures that millions way. Hitting is part of his life-long commitment ent offered to help George out and buy him a of dollars, which are deposited flow to the to sports and fitness, which includes playing in new car. agencies entitled to receive them. Beyond her two men’s baseball leagues and visiting Flor- WALTER L. RATCLIFFE—SHAKER HEIGHTS MUNICIPAL duties within the Clerk’s office, she has been ida each Fall to play in the Roy Hubbs COURT her office’s representative on a number of League. He also has trained in the martial Walter L. Ratcliffe, Shaker Heights Munic- state titling committees, including helping to 1 arts. He has been married for 15 ⁄2 years to ipal Court Judge K. J. Montgomery’s nominee, structure state-wide automated title process Maureen and actively participates in the lives has capped over two decades of public serv- systems. In this later work, she was so per- of his 13 nieces and nephews. ice as Chief Bailiff of the Court. There, he su- sistent in ‘‘bugging’’ the programmers con- FLORENCE I. OUSLEY—CUYAHOGA COUNTY PROBATE pervises all the bailiffs, oversees court security structing the systems to provide accurate de- COURT and performs duties assigned by his Judge. Call Probate Court, and find out that Flor- Walter, a 40–year resident of Shaker Heights, sign and reports in the systems that her col- ence I. Ousley communicates. Florence, Pro- is in his second period with the Shaker leagues throughout the State dubbed her bate Court Administrative Judge John Don- Heights Municipal Court. He started his career ‘‘Terri, the Report Queen from Cuyahoga nelly’s nominee this year, has worked for the as a Cuyahoga County Adult Probation Offi- County’’ and presented her with a crown, court for 27 years, the last decade as Tele- cer, prior to being a Probation Officer and scepter and sash. Terri volunteers with the phone Operator. In addition to direct, initial Deputy Bailiff in Shaker Heights. He then Make-a-Wish Foundation and in her local par- contact with the public, Florence is also the served as a Pretrial Service Officer with the ish, St. Wendelin’s. She also enjoys sewing, Court’s interpreter for deaf visitors seeking United States District Court, before returning baking and making table centerpieces for so- Probate Court’s assistance. Beginning her to Shaker Heights in his current position in cial and political functions.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.049 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E253 REPEAL OF THE SPECIAL OCCUPA- Palo Alto and its Fire Department for thirty-five dent Nonviolent Coordinating Committee, TIONAL TAXES ON ALCOHOL years. which involved traveling to Mississippi and On January 1, 1967, Anthony ‘‘Tony’’ bringing supplies to SNCC. HON. ROBERT T. MATSUI Spitaleri joined the Stanford Fire Department Ginnie has been a life-long activist in Cali- OF CALIFORNIA as a Firefighter. The Stanford Fire Department fornia labor politics. As a board member for IN THE HOUSE OF REPRESENTATIVES merged with the Palo Alto Fire Department in the Central Labor Council, she consistently 1976, and Tony rose through the ranks to be- supported the United Farm Workers as well as Thursday, February 13, 2003 come Fire Captain. He has served his cowork- a number of East San Jose labor organiza- Mr. MATSUI. Mr. Speaker, it is with great ers ably as President of the Palo Alto Fire- tions. In 1967 Virginia moved her family to pleasure that I join my good friend and col- fighters Union (Local 1319) for more than a Delano, California to open the first legal office league, Representative DAVE CAMP, today in quarter century with professionalism and com- for Cesar Chavez’s United Farm Workers. She introducing legislation that will repeal the Spe- mitment. He helped recruit and retain a force was also an integral part of the jury investiga- cial Occupational Tax (SOT) on taxpayers who of highly qualified firefighters and developed tion team for the 1971 trial of Angela Davis. manufacture, distribute, and sell alcoholic bev- safe standards for staffing and equipment. Ginnie continued through her years in San erages. The special occupational tax is not a He’s been a tireless fundraiser for many com- Jose, and later in Santa Cruz, providing for tax on alcoholic products but rather operates munity causes, and recently helped raise her family and working for peace, against rac- as a license fee on businesses. Believe it or $800,000 for the families of New York Fire- ism, and for social and economic justice. She not, this tax was originally implemented to fighters following the tragedies of September regretted that leukemia made her unable to help finance the Civil War. I began the fight to 11th. take part in the January 18 anti-war actions in repeal this unfair tax back in 1992. This is an Mr. Speaker, Tony Spitaleri is known San Francisco and died less than two weeks inequitable tax that has outlived its original throughout our community as an unselfish, en- later. purpose and is a clear example of an anti- thusiastic, thorough, fair, compassionate, cour- Mr. Speaker, Virginia Muir Hirsch will be re- quated approach to federal taxation. teous man and he’s one of the best membered in the community for her years of The SOT on alcohol was dramatically in- barbequers around! I salute him for his ex- service and the invaluable contributions she creased during a budget process in 1986 and traordinary leadership which has made our has made to the progressive cause. has unfairly burdened business owners across community safer and stronger. f the country. Repealing the SOT would provide Mr. Speaker, I ask my colleagues to join me immediate and visible relief to thousands of in honoring Anthony Paul Spitaleri for his out- BALANCED BUDGET AMENDMENT small businesses in every congressional dis- standing service to our community and wish- trict. According to the ATF, there are 480,427 ing him a retirement filled with every blessing. HON. ERNEST J. ISTOOK, JR. locations nationwide that pay this tax every f OF OKLAHOMA year, including 458,603 retailers. These retail IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO VIRGINIA ‘‘GINNIE’’ establishments account for $114 million out of Thursday, February 13, 2003 $126 million in SOT revenues. MUIR HIRSCH In my district, repealing the SOT will save Mr. ISTOOK. Mr. Speaker, today we are re- convenience stores approximately $50,750 an- HON. SAM FARR introducing the Balanced Budget Amendment nually. Repealing the SOT will save California OF CALIFORNIA for the U.S. Constitution. Although we recently wineries approximately $750,000 annually and IN THE HOUSE OF REPRESENTATIVES enjoyed four years of balanced federal budg- ets, the results of 9–11, the fight against ter- California restaurants approximately $20 mil- Thursday, February 13, 2003 lion annually. rorism, and economic challenges have all This tax is hardest on small businesses. A Mr. FARR. Mr. Speaker, I rise today to pushed us back into a sea of red ink. one-store operator pays the same SOT as a honor the life of Virginia ‘‘Ginnie’’ Muir Hirsch. Although borrowing can be justified to pro- Wal-Mart Super center. In fact, a chain of four She passed away in the early morning of Jan- tect America in a time of national emergency, neighborhood food stores pays the same an- uary 29 in her home in Santa Cruz, California. deficits should not be acceptable in normal nual tax as the nation’s largest single site Her husband, Fred, and their three daughters times. So, unless we first set a goal of bal- brewery or distillery—$1,000. This is not what Liza, Leslie, and Laurie were at her side. ancing the budget again, it will never happen. Congress had in mind 150 years ago, and I Ginnie was born in Altoona, Pennsylvania And recent experience once again proves that don’t believe it is a situation we want today. on August 4, 1925. She came from a family of we need the discipline that a Balanced Budget Repeal of the SOT on alcohol is supported strong Democrats. Because of her father’s left- Amendment provides. by a broad-based group of business organiza- ist ideals, he had difficulty finding a job in Al- I’m especially happy for the support of Wis- tions and enjoys widespread bipartisan sup- toona. Eventually the family was forced to mi- consin’s JAMES SENSENBRENNER, Chairman of port on Capitol Hill. Senators Max Baucus and grate to West Virginia so that Ginnie’s father the House Judiciary Committee, and also of Jim Bunning are introducing similar legislation could find work. the Chairman of the Subcommittee on the in the Senate today. The Joint Committee on Ginnie moved to New York in 1942, where Constitution, STEVE CHABOT from Ohio. And, Taxation has examined the efficacy of the she began working for the American Com- of course, the long-time leading Democrat on SOT several times and found it fundamentally mittee for the Protection of the Foreign Born this issue, Congressman CHARLES STENHOLM flawed, and has recommended its repeal in its and for the American Slav Congress. Ginnie of Texas. 2001 tax simplification report. worked continuously during the period of anti- I also want to acknowledge the pioneering With small businesses being hardest hit by leftist hysteria in the nineteen forties, sup- work done by National Taxpayer’s Union, the the recent economic troubles, repeal of the porting many activists who were being de- nation’s largest organization representing the SOT will provide much needed assistance to ported for their progressive ideologies. While interests of taxpayers, and their work with these important employers. It is time for us to helping to organize a 1949 concert by Paul Congressman STENHOLM and Senator LARRY move forward and enact legislation to repeal Robeson, her 1937 Oldsmobile was pushed CRAIG who have been working on this issue the SOT on alcohol. We urge our colleagues over a cliff in what became known as the for the last quarter century. to join us in this endeavor. Peekskill Riot. The next day, in clothes blood- It’s time to set the standard, and show ied by cross-burning Klansmen, Virginia testi- America what our goals are. It doesn’t matter f fied with Paul Robeson about the attack. which side of the aisle you are on. Some peo- TRIBUTE TO ANTHONY PAUL Ginnie was married in 1952. In 1957 she ple complain about the deficit, and say that’s SPITALERI and her husband moved to California with why they oppose tax relief. Others complain their children. Virginia held down two jobs, about the deficit and say that’s why they op- HON. ANNA G. ESHOO campaigned against the ‘‘right to work’’ law, pose spending. But everyone who complains OF CALIFORNIA and fought against the deportation and abuse about the deficit should support the goal of IN THE HOUSE OF REPRESENTATIVES of Mexican immigrants. In San Jose, Ginnie balancing the budget again. It’s hypocritical to became an active member of the Office of say you oppose the deficit but don’t support Thursday, February 13, 2003 Professional Employees International Union, the balanced budget amendment. Ms. ESHOO. Mr. Speaker, I rise to honor and for a number of years she worked for the With the expenses of the war on terrorism, Anthony Paul Spitaleri who is retiring after a local Retail Clerks Union. She was also a we won’t balance the budget in the next year distinguished career in service to the City of founding member of the Friends of the Stu- or two. And it will take a couple of years for

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.052 E13PT2 E254 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 this amendment to be ratified by the states. receive replacement land in Port Huron that age children helped secure a 5-Star Rating We have to set our goal NOW to balance the will be put into trust (and therefore protected from Texas Monthly Magazine—the highest budget again. Unless we commit to it, we’ll by federal law from illegal sale) by the Sec- rating the statewide magazine gives to public never get the budget balanced again. First we retary of the Interior. Further, the settlement is schools. Most recently Briscoe received a TEA must set the goal, then we work toward it. structured in such a way as to ensure that nei- (Texas Education Agency) Exemplary Rating. Our children and our grandchildren will pay ther the taxpayers of Michigan nor the tax- The school also takes part in the prestigious a heavy price if we do not return to a bal- payers of the United States will ever be sad- Bass Performance Hall Program and encour- anced budget. They not only would face the dled with the cost of paying a monetary dam- ages conversational Spanish with specially de- high taxes of big government, but they would age award, which otherwise could be quite signed curriculum. bear the extra expense of paying off the bills substantial, to the Tribe. A few miles away to the north, children, par- that we are running-up today. Finally, and of particular importance to my ents, and the faculty of Van-Zant Guinn Ele- This Balanced Budget Amendment is iden- constituents in the 10th District, the settlement mentary were also joyous in hearing the news tical to the language passed by a vote of 300– agreement will enable the City of Port Huron that they too would be receiving a Title I 132 in 1995, as part of the original ‘‘Contract and the Tribe to engage in desperately need- Award. Their principal for the last nine years, With America,’’ and then failed by one single ed and mutually beneficial economic develop- Constance Goines, also deserves praise for vote in the U.S. Senate in 1997. Neither the ment, of a casino. The people of Port Huron the steps she has taken to make her school House nor the Senate have voted on it since approved a June 2001 casino advisory ref- a success in the field of education. Van Zant- then. Obviously, we now have many new erendum. This legislation is critical in allowing Guinn was also recognized by the TEA in faces in Congress; we now have 212 House the residents of the Port Huron community to 2002 as Exemplary and was given the agen- Members who have never been held account- actively participate in its economic recovery cy’s ‘‘2002 Gold Performance Award’’ for the able, because they have never had to vote on through the establishment of a casino ap- progress that students made in Math and a Balanced Budget Amendment. We believe proved by the people. The Port Huron commu- Reading. Mrs. Goines and her staff were also the time has come for every Member of Con- nity has been brutalized by the loss of thou- instrumental in initiating a program on campus gress to address this issue head-on. sands of manufacturing jobs, a double-digit called Homework Helper. Homework Helper The amendment includes an exemption for unemployment rate that doubles our state and provides kids who lack the ideal environment times when Congress declares a national federal average and a Canadian casino lo- at home a more suitable place after school to emergency. But during peacetime, it would re- cated just 500 yards from our border. That ca- do their homework. quire a supermajority of Congress for the fed- sino attracts more than 1 million American Mr. Speaker, it is my hope that the Title I, eral government to operate at a deficit. visitors per year, which is devastating to our Part A Distinguished Performance Award will No ordinary law can restrain Congress, be- tourism and entertainment business. A casino continue to help improve the lives of school cause Congress has the power to remove that on the American side of the border would cre- children, not only in Fort Worth, but throughout safeguard whenever it wishes by a simple ma- ate 3,000 American jobs while providing com- the country. Once again, I congratulate Dr. jority vote. The only real protection against petition to our Canadian neighbors at the only Jennifer Brooks and Constance Goines for all deficit spending is constitutional protection. In border crossing with Ontario where we have they do in regards to the schools they rep- light of the current national emergency, we not responded by having a casino of our own. resent, our country and their receiving this need this amendment more than ever to en- Resolution of this land claim is long over- award. sure that deficit spending will end. due. In sponsoring this legislation, I am proud f f to be part of a solution crafted to benefit the Tribe, residents of the claim area, and the tax- INTRODUCING MELANIE BLOCKER- INTRODUCTION OF THE BILL ‘‘TO payers of Michigan. STOKES POSTPARTUM DEPRES- PROVIDE FOR AND APPROVE I join with the members of the Bay Mills In- SION RESEARCH AND CARE ACT THE SETTLEMENT OF CERTAIN dian Community, the Charlotte Beach land- LAND CLAIMS OF THE BAY owners, my constituents in Port Huron, and HON. BOBBY L. RUSH MILLS INDIAN COMMUNITY’’ my distinguished colleague Congressman DON OF ILLINOIS YOUNG in support of this proposed settlement. IN THE HOUSE OF REPRESENTATIVES HON. CANDICE S. MILLER This legislation provides a fair solution that is Thursday, February 13, 2003 OF MICHIGAN long overdue for many Native Americans. Mr. RUSH. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES f honor the memory of Melanie Blocker-Stokes Thursday, February 13, 2003 COMMENDING FACULTY AND and all women who have suffered in silence Mrs. MILLER of Michigan. Mr. Speaker, for STAFF OF EDWARD J. BRISCOE from postpartum depression and psychosis. I more than 100 years, the Bay Mills Indian AND VAN ZANT—GUINN ELEMEN- am pleased that 47 of my colleagues have Community has sought justice for the illegal TARY SCHOOLS joined me in introducing the Melanie Blocker- sale of over 110 acres of Chippewa County Stokes Postpartum Depression Research and lands which, prior to the sale, had been home- HON. MARTIN FROST Care Act. land to a large group of the Tribe’s ancestors. OF TEXAS Chicago native, Melanie Blocker-Stokes was Today I am introducing legislation that finally IN THE HOUSE OF REPRESENTATIVES a successful pharmaceutical sales manager brings relief to this group of Michigan’s Native and loving wife of Dr. Sam Stokes. However, people. Thursday, February 13, 2003 for Melanie, no title was more important than The legislation I propose today also brings Mr. FROST. Mr Speaker, I rise today to that of mother. Melanie believed motherhood too-long awaited relief to the non-Indian citi- commend the faculty and staff of Edward J. was her life mission and fiercely wanted a zens of Michigan who live within the Tribe’s Briscoe and Van Zant-Guinn Elementary daughter of her own. This dream came true on Chippewa county claim area. Because the In- Schools. The principals of these two schools, February 23, 2001 with the birth of her daugh- dian claim has remained unresolved for many Dr. Jennifer Brooks and Mrs. Constance ter, Sommer Skyy. Unfortunately, with the birth years, innocent homeowners have watched Goines, respectively, are to be commended of her daughter, Melanie entered into a battle their property values plummet to 90 percent for the work they have done to improve the for her life with a devastating mood disorder below what that property would otherwise be educational opportunities for young people in known as postpartum psychosis. Despite a worth on the open market. This legislation ac- their communities. Both schools received the valiant fight against postpartum psychosis, complishes these ends by ratifying the Land Title I, Part A Distinguished Performance which included being hospitalized a total of Settlement Agreement signed by the Bay Mills Award. The Title I Award is given to a select three times, Melanie jumped to her death from Indian Community and the State of Michigan number of schools around the country that ex- a 12-story window ledge on June 11, 2001. on August 23, 2002. hibit outstanding performance in the areas of Melanie was not alone in her pain and de- This Land Settlement Agreement is the academic performance and achievement. pression. Each year over 400,000 women suf- product of a long and careful negotiation proc- At Briscoe Elementary, Dr. Brooks has been fer from postpartum mood changes. Nearly 80 ess between the Tribe and the State. It calls honored on numerous occasions for the work percent of new mothers experience a common for the extinguishment of all of the Tribe’s title she has done to help broaden the horizons for form of depression after delivery, known as and right to the Chippewa County disputed the children that attend her school. Her dedi- ‘‘baby blues.’’ The temporary symptoms of lands and in return provides for the Tribe to cation to improving the basic skills of school ‘‘baby blues’’ include mood swings, feelings of

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.055 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E255 being overwhelmed, tearfulness, and irrita- A Fulton County native, Mr. Grzanich grad- of the Farnsworth Aerospace Elementary bility, poor sleep and a sense of vulnerability. uated from Canton High School and received School in Saint Paul, Minnesota that this trag- However, a more prolonged and pronounced both his Bachelor’s Degree and Educational edy can not diminish our hopes or dampen mood disorder known as postpartum depres- Specialist Degree from Western Illinois Univer- our desire to go after our dreams. sion affects 10 to 20 percent of women during sity. He later attended Bradley University in In a touching memorial service, the or after giving birth. Even more extreme and Peoria, where he was awarded a Master’s De- Farnsworth students recalled the history of the rare, postpartum psychosis, whose symptoms gree. A teacher and coach for 11 years, Mr. space program and told the stories of the include hallucinations, hearing voices, para- Grzanich went on to work for the Illinois State seven astronauts that they regarded as their noia, severe insomnia, extreme anxiety and Board of Education before running for Fulton heroes. Even as they expressed their sadness depression, strikes 1 in 1,000 new mothers. County Regional Superintendent of Schools in about the loss of these astronauts, the stu- Postpartum depression and psychosis af- 1974. Aided by hand-painted signs, he won dents shared their undeterred dreams to travel flicts new mothers indiscriminately. Many of its the post and held it despite periodic electoral to space some day. victims are unaware of their condition. This opposition until November 2002. Like the Columbia astronauts, the students phenomena is due to the inability of many Gary Grzanich’s 28 years of service yielded of Farnsworth Aerospace Elementary School women to self-diagnose their condition and so- a vast array of accomplishments benefitting have always understood that travel into space ciety’s general lack of knowledge about both his students and the wider Illinois edu- is remarkable, but never routine, ordinary or postpartum depression and psychosis and the cational community. The Chairman of the Mid- without risk. While men and women across stigma surrounding depression and mental ill- Illini Educational Cooperative, he was also a America mourn this tragic event, we must re- ness. Untreated, postpartum depression can member of the Illinois Association for Super- member that our nation will overcome this lead to self-destructive behavior and even sui- vision and Curriculum Development (IASCD) tragedy and once again allow mankind to ven- cide, as was the case with Mrs. Blocker- and the Superintendents’ Round Tables at ture into space. Stokes. This was also evident in the case of both Bradley University and Western Illinois The students of Farnsworth Aerospace Ele- Andrea Yates of Houston, Texas who drowned University. He established a Cooperative Test- mentary School serve as an inspiration to us her five children. ing Program in Fulton County schools, initiated all. As they keep reaching for the stars, I will This is why it is important for us to treat this the GED Testing Program in Fulton County, hold onto hope that some day, they will make silent disease which can have a dire impact introduced Madeline Hunter’s ‘‘Science of it there. on ones family and society in general. The Teaching’’ theories to Fulton County teachers, f challenge that we have as a Member of Con- and launched an Institute Day for his schools’ gress is to bring awareness to all Americans, gifted students. Mr. Grzanich worked to pro- INTRODUCTION OF THE PATIENT particularly families who have women who will mote the fine arts through comprehensive arts ACCESS TO PHYSICAL THERA- give birth soon, or have given birth recently. grants, brought the substance abuse DARE PISTS ACT This is a preventable disorder. program to Fulton County students, and initi- In remembrance of Melanie Blocker-Stokes ated a county-wide policy on AIDS. In addition HON. PHILIP M. CRANE and all the women who have suffered from to these achievements, he also held posts in OF ILLINOIS postpartum depression and psychosis, as well the Regional Superintendents’ Association and IN THE HOUSE OF REPRESENTATIVES as their families and friend who have stood by the Illinois Association of School Administra- Thursday, February 13, 2003 their side, I am introducing the Melanie tors, and is a past member of the State Certifi- Blocker-Stokes Postpartum Depression Re- cation Board and the Blue Ribbon Committee Mr. CRANE. Mr. Speaker, I am pleased to search and Care Act which will: for Teacher Preparation and Training. rise today with my friend and colleague, Mr. Expand and intensify research at the Na- A lifelong Democrat, Mr. Grzanich is married POMEROY, to reintroduce the Patient Access to tional Institute of Health and National Institute to Dian and has two children, Susan and Jon. Physical Therapists Act. This bill will allow of Mental Health with respect to postpartum Fittingly, both his daughter and son grew up to Medicare beneficiaries direct access to quali- depression and psychosis, including increased become teachers in Central Illinois. He still fied physical therapists without a physician re- discovery of treatments, diagnostic tools and lives in Canton, and will most likely keep him- ferral. educational materials for providers; self busy hunting and fishing during retire- Currently, Medicare beneficiaries must see Provide grants for the delivery of essential ment. a physician before being allowed to see a services to individuals with postpartum depres- On behalf of Fulton County and the rest of physical therapist. This burdensome require- sion and psychosis and their families, includ- the 17th District, I would like to extend my sin- ment in Medicare is a regulation whose time ing enhanced outpatient and home-based cerest thanks to Gary Grzanich for his many has passed. The referral mandate is unneces- health care, inpatient care and support serv- years of service to the youth of Illinois. His sary and limits access to timely and medically ices. hard work and unfailing leadership will be necessary physical therapists’ services. I be- It is my hope that through this legislation we sorely missed. lieve that providing Medicare beneficiaries with direct access to physical therapists is critical can ensure that the birth of a child is a joyous f occasion time for the new mother and family, as Congress looks to modernize the Medicare and not a time of mourning over the loss of EXPRESSING CONDOLENCES OF program. yet another mother and child. THE HOUSE TO THE FAMILIES All health care consumers should have the OF THE CREW OF THE SPACE ability to choose the health care services they f SHUTTLE ‘‘COLUMBIA’’—HOUSE want when they need it. Allowing Medicare COMMEMORATING RETIREMENT RESOLUTION 51 beneficiaries to have direct access to physical OF GARY GRZANICH therapists will help achieve that goal. Cur- HON. BETTY McCOLLUM rently, 47 states and the District of Columbia HON. LANE EVANS OF MINNESOTA allow direct access to physical therapist eval- OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES uation and 35 states, including the state of Illi- IN THE HOUSE OF REPRESENTATIVES nois allow their citizens to access physical Thursday, February 13, 2003 therapists’ services without the added cost of Thursday, February 13, 2003 Ms. MCCOLLUM. Mr. Speaker, I rise to join a physician referral. The Medicare Patient Ac- Mr. EVANS. Mr. Speaker, I would like to my colleagues in support of H. Res. 51, a res- cess to Physical Therapists Act would allow take this opportunity to commemorate the re- olution expressing condolences to the families Medicare beneficiaries in these states to ac- tirement of one of Central Illinois’ most dedi- of the crew of the space shuttle Columbia. To- cess care that is already available to other cated public servants. For the past 28 years, gether, our nation, the people of Israel and the residents of the state. my friend Gary Grzanich has served as the entire world grieve the loss of these seven he- Direct access to physical therapists allows Fulton County Regional Superintendent of roes and remember their extraordinary lives. for improved access to quality health care Schools in Lewistown, Illinois. An innovative In the days following this terrible tragedy, services. A study of BlueCross BlueShield in- administrator, Mr. Grzanich worked tirelessly millions of Americans have struggled to cope surance claims in Maryland indicates that to ensure his students an exceptional learning with the loss of these astronauts. We have when a patient has direct access to physical environment and unequaled educational op- worried about the ramifications of this accident therapists, services are neither over-utilized portunities both in school and in extracurricular for the future of our space program. But this nor do they result in higher costs for physical activities. past Tuesday, I was reminded by the students therapy. To the contrary, the study found that

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.058 E13PT2 E256 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 the costs incurred for episodes of physical sist with the serious duty of nominating can- MERCHANT MARINE therapy care were 123 percent lower when pa- didates for academy admission. Today, I am Matthew J. Pulitano, Randolph, Morris tients went to a physical therapist directly. honored to continue this wise tradition in my Catholic H.S. Donald G. Maye, Bridgewater, State boards that regulate physical therapy service to the 11th Congressional District. Bridgewater-Raritan H.S. confirm that patient safety is not compromised The Academy Review Board is composed of MILITARY ACADEMY by the elimination of the referral requirement. six local citizens who have shown exemplary Lee W. Barnes, Mendham, Rutgers; Duane With this in mind, the policy of improved ac- service to New Jersey, to their communities, W. Clark, Bloomingdale, Butler H.S.; Robert cess to physical therapists is healthy to the and to the continued excellence of education Connelly, Brookside, West Morris Mendham Medicare program and its beneficiaries. It is H.S.; Phillip A. Durkin, Sparta, Pope John in our area—many are veterans. Though from XXIII H.S.; John R. Fiddes, III, Long Valley, clear that improved access to physical thera- diverse backgrounds and professions, they all Delbarton Andrew D. Filauro, Denville, Mor- pists will maintain this critical balance of pa- share a common dedication that the best ris Knolls H.S.; Allison T. Gaydosh, Bridge- tient safety, cost to Medicare program, and im- qualified and motivated graduates attend our water, Bridgewater-Raritan H.S.; Edward proved beneficiary service. Medicare bene- academies. And, as is true for most volunteer Gibbons, Chatham, Chatham H.S.; Timothy ficiaries should have the same access to panels, their service goes largely unnoticed. Kuppler, Basking Ridge, Ridge H.S.; Jason C. physical therapists as the rest of patients in Il- I would like to take a moment to recognize McKay, Bridgewater, Bridgewater-Raritan H.S.; Timothy Nagle, Bridgewater, Bridge- linois and 35 other states. these men and women and to thank them Providing better access to qualified physical water-Raritan H.S.; William C. Nordlund, publicly for participating in this important Mendham, St. Georges School; John R. therapists will help ensure patients receive panel. Being on the board requires hard work Rashap, Randolph, Randolph H.S.; Todd R. quality health care for all Americans. Mr. and an objective mind. Members have the re- Stawicki, Bridgewater, Rutgers; Paul R. Speaker, I ask my colleagues for their consid- sponsibility of interviewing upwards of 50 out- Wistermayer, Denville, Morristown Beard eration and support of the Patient Access to standing high school seniors every year in the School. Physical Therapists Act. academy review process. NAVAL ACADEMY f The nomination process follows a general David S. Bellomo, Whippany, Whippany Park H.S.; Gregory D. Butler, Bloomingdale, NEW JERSEY’S 11th DISTRICT— timetable. High school seniors mail personal information directly to the Military Academy, Bulter H.S. Joseph L. Caprio, Denville, Mor- PRIME RECRUITING GROUND ris Knolls H.S.; Shannon E. Clancy, Califon, FOR ACADEMIES the Naval Academy, the Air Force Academy, West Morris Central H.S.; Michael J. Coffey, and the Merchant Marine Academy once they Succasunna, Roxbury H.S.; Benjamin B. HON. RODNEY P. FRELINGHUYSEN become interested in attending. Information in- DeWitt, Mendharm, Hill School; Christopher cludes academic achievement, college entry T. Dibble, Somerville, Somerville H.S.; OF NEW JERSEY test scores, and other activities. At this time, Thomas K. Gallant, West Caldwell, James IN THE HOUSE OF REPRESENTATIVES they also inform my office of their desire to be Caldwell H.S.; Joshua Haba, North Caldwell, Thursday, February 13, 2003 nominated. West Essex H.S. Bryce C. Holden, Sparta, Sparta H.S.; Richard L. Kilcoyne, III, Essex Mr. FRELINGHUYSEN. Mr. Speaker, every The academies then assess the applicants, Fells, West Essex H.S.; Paul S. Kim, year, more high school seniors from the 11th rank them based on the data supplied, and re- Kinnelon, Kinnelon H.S.; Emily A. Laraway, Congressional District trade in varsity jackets turn the files to my office with their notations. Long Valley, West Morris Central H.S.; Dan- for Navy pea coats, Air Force flight suits, and In late November, our Academy Review Board iel M. Leahey, Morris Plains, Morristown Army brass buckles than most other districts interviews all of the applicants over the course H.S.; Matthew F. Minor, Kinnelon, Kinnelon in the country. But this is nothing new—our of 2 days. They assess a student’s qualifica- H.S.; Gregory A. Pappianou, Chester, West area has repeatedly sent an above average tions and analyze character, desire to serve, Morris Mendham H.S.; Erin C. Reeve, Madi- and other talents that may be hidden on son, Madison H.S.; Christopher C. Smith, proportion of its sons and daughters to the na- Succasunna, Roxbury H.S.; Craig G. Wilson, tion’s military academies for decades. paper. Sparta, Sparta H.S. This fact should not come as a surprise. This year the board interviewed over 50 ap- f The educational excellence of our area is well plicants. Nominations included 19 to the Naval known and has long been a magnet for fami- Academy, 15 to the Military Academy, 2 to the TRIBUTE TO THE AUSTRALIAN EX- lies looking for the best environment in which Merchant Marine Academy and 7 to the Air CHANGE WASHINGTON INTERN- to raise their children. Our graduates are Force Academy—the Coast Guard Academy SHIP PROGRAM skilled not only in mathematics, science, and does not use the Congressional nomination social studies, but also have solid back- process. Congressman FRELINGHUYSEN then HON. JAMES E. CLYBURN grounds in sports, debate teams, and other forwarded the recommendations to the acad- OF SOUTH CAROLINA extracurricular activities. This diverse upbring- emies by January 31, where recruiters re- IN THE HOUSE OF REPRESENTATIVES ing makes military academy recruiters sit up viewed files and notified applicants and my of- and take note—indeed, many recruiters know fice of their final decision on admission. Thursday, February 13, 2003 our towns and schools by name. As these highly motivated and talented Mr. CLYBURN. Mr. Speaker, it gives me Since the 1830’s, Members of Congress young men and women go through the acad- great pleasure to rise today to celebrate a have enjoyed meeting, talking with, and nomi- emy nominating process, never let us forget unique international exchange that continues nating these superb young people to our mili- the sacrifice they are preparing to make: to to enrich this institution and The Other Body tary academies. But how did this process defend our country and protect our citizens. annually. evolve? In 1843, when West Point was the This holds especially true at a time when our Australia is half a world away from this sole academy, Congress ratified the nomi- nation is fighting the war against terrorism. chamber and my constituents in the Sixth nating process and became directly involved Whether it be in Afghanistan, the Persian Gulf Congressional District of South Carolina. Yet in the makeup of our military’s leadership. This or other hot spots around the world, no doubt Australians and Americans are close inter- was not an act of an imperial Congress bent we are constantly reminded that wars are national allies and, in many ways, exception- on controlling every aspect of the Govern- fought by the young. And, while our military ally close cousins in our democratic institu- ment. Rather, the procedure still used today missions are both important and dangerous, it tions, in our multiculturalism, and in the value was, and is, a further check and balance in is reassuring to know that we continue to put we place on friendship. our democracy. It was originally designed to America’s best and brightest in command. Since 2000, a select handful of Australian weaken and divide political coloration in the university students have made the journey, at ACADEMY NOMINEES FOR 2002 11TH officer corps, provide geographical balance to CONGRESSIONAL DISTRICT NEW JERSEY great personal expense, from Adelaide in our armed services, and to make the officer South Australia to spend six-weeks full-time in AIR FORCE ACADEMY corps more resilient to unfettered nepotism very welcoming congressional offices. This that handicapped European armies. Mark C. Domogola, Short Hills, Millburn year was my first such opportunity to host In 1854, Representative Gerritt Smith of H.S.; Mark Cavanaugh, Flanders, Mt. Olive such an entrepreneurial student in Alison Cup- H.S.; Michael D. Fitzsimmons, Andover, New York added a new component to the Lenape Valley H.S., Hannah Minchew, Moun- per, who is originally from the neighboring academy nomination process—the academy tain Lakes, Mountain Lakes H.S.; Andrew J. Australian state of Victoria. review board. This was the first time a Mem- Moreno, Chester, West Morris Mendham Alison has been a tireless assistant since ber of Congress appointed prominent citizens H.S.; Don N. Smith, Sparta, Sparta H.S., Jo- the moment she arrived. She is here to study, from his district to screen applicants and as- seph E. Ziega, Sparta, Sparta H.S. which she has done daily in her enthusiasm to

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.061 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E257 learn all she can about the American system have interesting tidbits to share about the faces that looked like that of the enemy. With- of government and in how even a brief visitor differences in political culture. out any evidence, fear was mounting, and the from overseas can help serve the people of ‘‘I was surprised at how polite the Mem- patriotism of these Japanese Americans was bers are to each other [in the chamber ],’’ South Carolina. said Balfour. Members of parliament in Aus- questioned. Some worried that they were in- Alison is by no means alone in this adven- tralia are much more ‘‘irreverent’’ when tent on doing harm against the very flag they ture. Whether it has been Grant Harvey-Mut- they address one another, Federing ex- saluted. Decades later, history vindicated ton in the office of Senator CHUCK HAGEL, or plained, and their remarks are generally these loyal Americans as not even a single Briony Whitehouse in the office of SEN. CHRIS- ‘‘less scripted.’’ documented case of sabotage or espionage TOPHER DODD, or Tamara Gale with our col- Gale said one of the most interesting was committed by an American of Japanese league ALCEE HASTINGS, or Joshua Bolton in things she has noticed is the seating ar- ancestry during that time. rangement on the House floor. In Australia the office of JERRY NADLER—each of the stu- the two main parties literally ‘‘face off’’ in What our nation found through the disinfect- dents has brightened our days with their curi- opposing rows, so it was odd for her to see ant of time, those who endured internment osity, humanity, and the demeanor of the best the Members all facing the Speaker. knew all along. Surrounded by armed guards tradition of polished diplomats. Cupper, who studies law as well as inter- behind a prison fence, mothers thought of Both the U.S. and Australian governments national relations, said she was surprised to their sons who fought for the freedom of the have been strong supporters of this exchange, see how individualism manifests itself in nation that denied them of their own liberty. In- and rightly so. It is an effort I hope continues U.S. culture and to observe the comparative deed today the annuls of military history show on a small staple of US-Australian relations. weakness of organized labor movements. In Australia, one of the two main parties is that the Japanese American soldiers of the Late last month, Mr. Speaker, the Roll Call 442nd and combat regiment fought honorably newspaper offered a small portrait of the pro- called the Labor Party. The program has garnered high praise from and bravely for ideals they knew our nation gram and its participants. I offer that text here its start. In March 2000, after the first stu- had not yet afforded to their own families back to you and our colleagues so that we may all dents left, Rep. Loretta Sanchez (D-Calif.) home. Still, they were worth fighting for. And celebrate the value of this exchange, which is submitted remarks for the Congressional this regiment would become the most deco- so delightfully focused on the students, and Record praising the program and her intern, rated group of soldiers in American history as from which we can reinforce the values we Estee Fiebiger, who, among other things, they proved their devotion to our nation fight- hold dear about ourselves and about the world helped Sanchez’s office analyze human rights in Vietnam. Back in Australia, Fiebiger was ing in both the European and Pacific theatres. in which we live. Mr. Speaker, please join me It took more than 50 years, but finally in 2000, and my colleagues in thanking everyone in- inspired by her experience to start an intern- ship program of her own in the Labor Party. President Bill Clinton awarded 22 of these he- volved in creating and shepherding this intern- According to Federing, at least twice as roes with the Medal of Honor. ship program from its initial concept to the many Congressional offices have expressed In 1983, a Presidential Commission con- thriving institution it has become. They have interest in hosting the interns than are cluded that the internment was the result of done this nation and the Australian people nu- available. He is considering expanding the both racism and wartime hysteria. Five years merous proud acts of public service, which I program, but despite growing interest among later, then President Ronald Reagan signed hope will continue for many years to come. Flinders students—in part because even do- the Civil Liberties Act into law that provided an [From Roll Call, Jan. 27, 2003] mestic political internships are uncommon in Australia—few students actually qualify official apology and redress to most of those FAR FROM HOME; AUSTRALIANS BRAVE SNOW, so far. confined in U.S. internment camps during STRONG DOLLAR FOR INTERNSHIPS The students must major either in Amer- World War II. This was the culmination of half (By Raya D. Widenoja) ican studies or political science, but it’s the a century of struggle to bring justice to those Coming to Washington is always an adven- program’s cost that really narrows the field. to whom it was denied. I am proud that our ture, but just imagine coming from the other The students’ airfare and housing is sub- side of the world. Five students from Flin- sidized, but their out-of-pocket expenses add nation did the right thing. But fifteen years ders University in Adelaide, Australia, have, up to about 8,000 Australian dollars, which after the passage of the CLA, we still have un- braving the elements for a back-stage look translates into $4,500 for the six-week pro- finished work to be done to rectify and close at American politics. gram. this regrettable chapter in our nation’s history. ‘‘It’s just so bloody cold,’’ commented ‘‘Interns would be beating down your Last Congress, I introduced bi-partisan leg- Grant Harvey-Mutton, who recently left high door,’’ Harvey-Mutton said, ‘‘if it weren’t for islation in Congress to finish the remaining summer in Adelaide to intern in Sen. Chuck the cost.’’ Hagel’s (R-Neb.) office on the 4–year-old pro- work of redress. While most Americans are f gram arranged by former Democratic Hill aware of the internment of Japanese Ameri- aide Eric Federing. IN COMMEMORATION OF THE DAY cans, few know about our government’s activi- Federing, who is now the director of busi- OF REMEMBRANCE—RE-INTRO- ties in other countries resulting from prejudice ness public policy and government affairs for DUCTION OF THE WARTIME PAR- held against people of Japanese ancestry. Re- KPMG, was motivated to start the program corded thoroughly in government files, the after traveling and lecturing in Australia. He ITY AND JUSTICE ACT OF 2003 runs the program on a pro bono basis with U.S. government involved itself in the expul- professor Don DeBats of Flinders’ American HON. XAVIER BECERRA sion and internment of an estimated 2,000 people of Japanese descent who lived in var- studies department. ‘‘The idea is to put good OF CALIFORNIA people in good places with good people,’’ ious Latin American countries. Uprooted from IN THE HOUSE OF REPRESENTATIVES Federing says of his organizational philos- their homes and forced into the United States, ophy. ‘‘[The students] learn stuff by being Thursday, February 13, 2003 these civilians were robbed of their freedom here that they couldn’t possibly know other- Mr. BECERRA. Mr. Speaker, I rise today on as they were kidnapped from nations not even wise . . . and some have parlayed this experi- directly involved in World War II. These indi- ence into good jobs in the Australian govern- behalf of my constituents to commemorate the ment.’’ Day of Remembrance. As we know, on Feb- viduals are still waiting for equitable redress, Accompanying Harvey-Mutton are Joshua ruary 19, 1942, then President Franklin D. and justice cries out for them to receive it. Balfour of Adelaide in Rep. Jerrold Nadler’s Roosevelt signed Executive Order 9066 that That is why today I re-introduced the Wartime (D-N.Y.) office; Alison Cupper of Mildura in led to the internment of 120,000 Americans of Parity and Justice Act of 2003 to finally turn Rep. James Clyburn’s (D-S.C.) office; Tamera Japanese descent. With the stroke of a pen, the last page in this chapter of our nation’s Gale of Yacka in Rep. Alcee Hastings’ (D- innocent men, women, and children became history. Fla.) office; and Briony Whitehouse of Ade- This bill provides redress to every Japanese laide in Sen. Chris Dodd’s (D-Conn.) office. prisoners and were branded disloyal to the na- Their internships will last until Feb. 14, with tion they called home. Lives were disrupted Latin American individual forcibly removed and a reception in their honor at the Australian and homes were broken as these Americans interned in the United States. These people Embassy on Feb. 5. were uprooted from their communities and paid a tremendous price during one of our na- The program is as much about bridging the locked behind barbed wire fences. tion’s most trying times. Indeed, America ac- cultural gap between the United States and The force of wartime hysteria darkened the complished much during that great struggle. Australia as it is about politics, says light of justice and reasonable people sud- As we celebrate our great achievements as a Federing. Although the countries are very denly embarked on an unreasonable course. nation let us also recognize our errors and join similar in some ways, he says what the Aus- tralians call ‘‘the tyranny of distance’’ en- Indeed, America was engaged in a monu- together as a nation to correct those mistakes. courages a mutual ignorance. mental struggle as our soldiers engaged the My legislation is the right thing to do to affirm The students haven’t been here long—ar- enemy in the European and Pacific Theatre. our commitment to democracy and the rule of riving on Christmas Day—but they already Here in the United States, many citizens had law.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.064 E13PT2 E258 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 In addition, the Wartime Parity and Justice million in FY 2002, $6 million in FY 2003, and be bad environmental policy, it is totally un- Act of 2003 provides relief to Japanese Ameri- $4 million in FY 2004. However, in FY 2002 necessary. According to EPA scientists, if cans confined in this country but who never WETO received only $5 million, $1 million cars, mini-vans, and SUV’s improved their av- received redress under the Civil Liberties Act short of the DOE’s contractual obligation. erage fuel economy just 3 miles per gallon, we of 1988 given technicalities in the original law. It is critically important to preserve this com- would save more oil within ten years than Our laws must always establish justice. They mitment to WETO and continue funding on would ever be produced from the Refuge. Can should never deny it. That is why these provi- schedule at a rate that will account for last we do that? We already did it once! In 1987, sions ensure that every American who suf- year’s shortfall. the fleetwide average fuel economy topped 26 fered the same injustices will receive the same I would add that the operations and activi- miles per gallon, but in the last 13 years, we justice. Finally, my legislation will reauthorize ties of WETO are very important to the econ- have slipped back to 24 mpg on average, a the educational mandate in the 1988 Act omy in Montana. Many professionals have level we first reached in 1981! Simply using which was never fulfilled. This will etch this chosen western Montana as their home while existing technology will allow us to dramati- chapter of our nation’s history into our national they serve our nation’s challenge to clean up cally increase fuel economy, not just by 3 conscience for generations to come as a re- contaminated DOE sites. mpg, but by 15 mpg or more—five times the minder never to repeat it again. Mr. Speaker, I would submit to my col- amount the industry wants to drill out of the Mr. Speaker, let us renew our resolve to leagues that when the Department of Energy Refuge. build a better future for our community as we makes contracts for multi-year programs in Our dependence on foreign oil is real, but dedicate ourselves to remembering how we such important areas as WETO, where the we cannot escape it by drilling for oil in the compromised liberty in the past. Doing so will Department’s Science and Technology Office United States. We consume 25 percent of the help us to guard it more closely in the future. is developing and implementing technologies world’s oil but control only 3 percent of the As we commemorate the Day of Remem- to remediate contaminated federal sites, these world’s reserves. 76 percent of those reserves brance, I look forward to working with my col- agreements must be honored. are in OPEC, so we will continue to look to leagues to pass the Wartime Parity and Jus- f foreign suppliers as long as we continue to ig- tice Act of 2003. UPON THE INTRODUCTION OF THE nore the fuel economy of our cars and as long f MORRIS K. UDALL ARCTIC WIL- as we continue to fuel them with gasoline. WESTERN ENVIRONMENTAL DERNESS ACT OF 2003 The public senses that a drill-in-the-Refuge TECHNOLOGY OFFICE energy strategy is a loser. Why sacrifice something that can never be re-created this HON. EDWARD J. MARKEY one-of-a-kind wilderness simply to avoid OF MASSACHUSETTS HON. DENNIS R. REHBERG something relatively painless—sensible fuel IN THE HOUSE OF REPRESENTATIVES OF MONTANA economy? IN THE HOUSE OF REPRESENTATIVES Thursday, February 13, 2003 Is it any wonder its credibility with the Amer- Thursday, February 13, 2003 Mr. MARKEY. Mr. Speaker, we are here to ican public has sunk to new lows? According Mr. REHBERG. Mr. Speaker, I rise to call introduce legislation that would permanently to poll after poll after poll, preserving this pub- the attention of Members of the House to crit- protect the Coastal Plain of the Arctic Refuge lic environmental treasure far outweighs the ical federal programs conducted at the West- from development. The Morris K. Udall Wilder- value of developing it. The latest poll, done by ern Environmental Technology Office, or ness Act of 2003 honors an extraordinary en- Democratic pollster Celinda Lake and Repub- WETO, located in Butte, Montana. These pro- vironmentalist by protecting, in his name, this lican pollster Christine Matthews, shows a grams involving the National Energy Tech- extraordinary piece of America’s wilderness. margin of 62–30 percent opposed to drilling nology Laboratory are funded under Energy And we are proud of the fact that begin this for oil in the refuge. The public is making clear and Water Development Appropriations. battle in the 108th Congress with more original to Congress that other options should be pur- First, I want to commend Chairman HOBSON cosponsors than in any other previous Con- sued, not just because the Refuge is so spe- and Ranking Member VISCLOSKY, and the gress—133 upon introduction—a testament to cial, but because the other options will suc- members of the House Appropriations Sub- the growing national demand to keep the de- ceed where continuing to put a polluting fuel committee on Energy and Water Develop- velopers out of this precious wilderness and to in gas-guzzling automobiles is a recipe for fail- ment, for their action to restore over $11 mil- preserve it in its current pristine, roadless con- ure. lion in funds that were eliminated from the FY dition for future generations of Americans. That’s the kind of thinking that leads not just 2003 budget for the U.S. Department of Ener- We have a bipartisan legacy to protect, and to this refuge, but to every other pristine wil- gy’s Office of Science and Technology, within we take it very seriously. It is a legacy of Re- derness area, in a desperate search for yet the Environmental Management program. The publican President Eisenhower, who set aside another drop of oil. And it perpetuates a head- Office of Science and Technology has a crit- the core of the Refuge in 1960. It is a legacy in-the-haze attitude towards polluting our at- ical mission in providing cost effective tech- of Democratic President Carter, who ex- mosphere with greenhouse gases and con- nology to clean up contaminated federal prop- panded it in 1980. It is the legacy of Repub- tinuing our reliance on OPEC oil for the fore- erty across the country, and it deserves the lican Senator Bill Roth and Democratic Rep- seeable future. strong support of the Congress. resentative Bruce Vento and especially Morris If we allow drilling in the Arctic Refuge, we I continue to be very concerned, however, Udall, who fought so hard to achieve what we will have failed twice—we will remain just as about the likely adverse effects of proposed propose today, and twice succeeded in shep- dependent on oil for our energy future, and we Office of Science and Technology cutbacks on herding this wilderness proposal through the will have hastened the demise of an irreplace- our nation’s ability to perform cost effective House. Now is the time to finish the job they able wildlife habitat. and timely remediation of the DOE’s contami- began now is the time to say ‘‘Yes’’ to setting We have many choices to make regarding nated sites around the country. aside the Coastal Plain as a fully protected our energy future, but we have very few More specifically, I am concerned about the unit of the Wilderness Preservation System. choices when it comes to industrial pressures continuation of the important work of DOE’s The coastal plain of the Refuge is the bio- on incomparable natural wonders. Let us be Western Environmental Technology Office. At logical heart of the Refuge ecosystem and crit- clear with the American people that there are the WETO facility, the National Energy Tech- ical to the survival of caribou, polar bears and places that are so special for their environ- nology Laboratory provides critical support to over 160 species of birds. When you drill in mental, wilderness or recreational value that DOE’s Office of Science and Technology. the heart, every other part of the biological we simply will not drill there as long as alter- Their activities help facilitate DOE’s dem- system suffers. natives exist. The Arctic Refuge is federal land onstration, evaluation and implementation of This Valentine’s Day, the oil industry is in a that was set aside for all the people of the technologies that promise to provide much- state of lobbying frenzy to give Cupid a bad United States. It does not belong to the oil needed solutions to the environmental cleanup name. It wants to pierce the heart of the Arctic companies, it does not belong to one state. It challenges at various DOE sites. Refuge with oil wells and drill bits, all the while is a public wilderness treasure, we are the DOE’s Research and Development contract calling this an act of environmental friendli- trustees. for the Western Environmental Technology Of- ness. The industry loves the Refuge so much We do not dam Yosemite Valley for hydro- fice, originally awarded in FY 1997, has been that it wants to brand it with scars for a life- power. extended through the end of FY 2004. time. We do not strip mine Yellowstone for coal. That contract extension provided that DOE Turning the Coastal Plain of the Arctic Ref- And we should not drill for oil and gas in the would fund WETO at the following levels: $6 uge into an industrial footprint would not only Arctic Refuge.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.067 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E259 We should preserve it, instead, as the mag- abandoned its efforts to obtain basic records From the start, the White House assumed a nificent wilderness it has always been, and about the operations of the White House task hostile and uncompromising position, arguing must always be. force on energy policy. This action received that GAO’s investigation ‘‘would unconsti- f only limited attention, and few people fully un- tutionally interfere with the functioning of the derstand its profound consequences. Executive Branch.’’ Stand-offs between Con- HONORING RICHARD COWAN FOR When we have divided government, the gress and the White House are not new, of HIS CONTRIBUTIONS TO LEGAL public can expect Congress to conduct need- course. Typically, they are resolved through ASSISTANCE FOR SENIORS ed oversight over the Executive Branch. But hard bargaining and compromise. But the today we are living in an era of one-party con- White House made clear that it wasn’t willing HON. FORTNEY PETE STARK trol. This means the House and the Senate to bargain or to compromise. Even when GAO OF CALIFORNIA aren’t going to conduct meaningful oversight voluntarily scaled back its request—dropping IN THE HOUSE OF REPRESENTATIVES of the Bush Administration. its request for minutes and notes—the Vice Thursday, February 13, 2003 When there is one-party control of both the President’s office was intransigent. Mr. STARK. Mr. Speaker, I rise today to White House and Congress, there is only one The White House’s contempt for legitimate honor the accomplishments of Richard Cowan, entity that can hold the Administration ac- congressional requests for information was ap- Executive Director of Legal Assistance for countable . . . and that is the independent parent even in the one area in which it con- Seniors (LAS) and its well-known Health Insur- General Accounting Office. ceded GAO’s authority. The Vice President ance Counseling and Advocacy Program But now GAO has been forced to surrender acknowledged that GAO was entitled to review (HICAP). HICAP’s health insurance counseling this fundamental independence. the costs associated with the task force. How- program provides the local assistance seniors When GAO decided not to appeal the dis- ever, the only information he provided to GAO need to make sure Medicare works for them. trict court decision in Walker v. Cheney, it about costs were 77 pages of random docu- With a leadership style of humor and com- crossed a divide. In the Comptroller General’s ments. Some of the pages consisted of simply passion, Richard Cowan has steered LAS and words, GAO will now require ‘‘an affirmative numbers or dollar amounts without an expla- HICAP through a major growth in services, statement of support from at least one full nation of what the money was for; other pages outreach, and budget during his nine-year ten- committee with jurisdiction over any records consisted only of a drawing of cellular or desk ure as Executive Director. The agency’s size access matter prior to any future court action phones. Without an explanation—which the has quadrupled under Cowan’s leadership, by GAO.’’ Administration refused to provide, of course and the legal staff has increased from six at- Translated, what this means is that GAO will the information was utterly useless. torneys to thirteen. bring future actions to enforce its rights to doc- The statutes governing GAO’s authority Richard Cowan worked to develop Healthy uments only with the blessing of the majority spell out an elaborate process which the Seniors, a program that unites the work of party in Congress. agency must follow before initiating any litiga- LAS and HICAP, and he led the Senior Immi- This is a fundamental shift in our systems of tion against the Executive Branch. The statute grant Legal Services Project. He advocated for check and balances. For all practical pur- even gives the White House authority to block the Elder Abuse Prevention and Grandparent/ poses, the Bush Administration is now im- litigation by certifying that disclosure ‘‘reason- Kin Caregiver programs and strengthened the mune from effective oversight by any body in ably could be expected to impair substantially agency’s ties throughout Alameda County’s Congress. the operations of the Government.’’ senior, social services, health, and legal net- Some people say GAO should never have In this case, GAO followed the letter and the works. brought legal action to obtain information spirit of that statute, even giving the White He spearheaded development of several about the energy task force headed by Vice House an opportunity to file a certification. But LAS newsletters, and expanded LAS’s funding President Cheney. But in reality, GAO had no the White House position was that GAO had resources to include over 30 major individual choice. no right even to ask for documents. Faced donors and firm contributors. Also, Cowan The Bush Administration’s penchant for se- with an Administration that had no interest in oversaw the hiring of a diverse LAS staff, crecy has been demonstrated time and again. reaching an accommodation, GAO was left which has the capability to assist clients in The Department of Justice has issued a direc- with a stark choice: GAO could drop the mat- eight languages. He was a founding member tive curtailing public access to information ter, effectively conceding the White House’s of Alameda County Senior Services Coalition under the Freedom of Information Act. The position that it was immune from oversight, or and Save Oakland Seniors, two groups dedi- White House has restricted access to presi- it could invoke its statutory authority to sue the cated to advocating for increased senior serv- dential records. The Administration has re- Executive Branch. Reluctantly, on February ices. fused to provide information about the identity 22, 2002, GAO filed its first-ever suit against Prior to joining LAS, Richard Cowan was of over 1,000 individuals detained in the name the Executive Branch to obtain access to infor- Executive Director of the Conciliation Forums of homeland security. mation. of Oakland, a citywide dispute resolution cen- The White House deliberately picked this It’s not hard to figure out why the White ter, for six years, and interim Executive Direc- fight with GAO because it wants to run the House was so eager to pick a fight with GAO. tor of the Volunteer Centers of Alameda Coun- government in secret. After all, GAO provides the muscle for Con- ty for one year. He earned his Bachelor of GAO’s efforts to obtain information about gress’ oversight function. Over the past cen- Arts, Master of Arts, and Masters of Public the Cheney task force began with a routine re- tury, Congress has increasingly turned to GAO Health degrees from the University of Cali- quest. The task force was formed in January to monitor and oversee an Executive Branch fornia, Berkeley. 2001 to make recommendations about the na- that has ballooned in size and strength. More- I am honored to join the colleagues of Rich- tion’s energy future. During the course of the over, because it has earned a reputation for ard Cowan in commending him for his years task force’s deliberations, the press reported fairness and independence, GAO is particu- of exemplary leadership at Legal Assistance that major campaign contributors had special larly threatening to an Administration that for Seniors. I have great respect for the work access to the task force while environmental doesn’t want to be challenged on any front. of Mr. Cowan and this organization. Under his organizations, consumer groups, and the pub- GAO’s effort failed at the trial level. In De- direction, Legal Assistance for Seniors has be- lic were shut out. Rep. Dingell, the ranking cember, the district court in the case issued a come a program that should be modeled na- member of the Energy and Commerce Com- sweeping decision in favor of the Bush Admin- tionwide. mittee, and I felt that Congress and the public istration, ruling that GAO has no standing to f had the right to know whether and to what ex- sue the Executive Branch. The judge who SPECIAL ORDER: CHENEY TASK tent the task force’s energy recommendations wrote the decision was a recent Bush ap- FORCE RECORDS AND GAO AU- may have been influenced by well-connected pointee who served as a deputy to Ken Starr THORITY outside parties. Accordingly, we asked GAO to during the independent counsel investigation obtain some basic information on the energy of the Clinton Administration. The judge’s rea- HON. HENRY A. WAXMAN task force’s operations, such as who was soning contorted the law, and it ignored both present at each meeting of the task force, who Supreme Court and appellate court precedent OF CALIFORNIA were the professional staff, who did the Vice recognizing GAO’s right to use the courts to IN THE HOUSE OF REPRESENTATIVES President and task force staff meet with, and enforce its statutory rights to information. Thursday, February 13, 2003 what costs were incurred as part of the proc- This brings us to last week. Before deciding Mr. WAXMAN. Mr. Speaker, last Friday, ess. We did not request, and GAO did not whether to pursue an appeal, the Comptroller February 7, the General Accounting Office seek, information on internal communications. General consulted with congressional leaders.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.069 E13PT2 E260 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 He found no support among Republican lead- And if a Republican-controlled committee ever be consistent with advancing this dialogue. At ers for an appeal. And he decided not to ap- urges GAO to pursue a controversial inves- the end of this long national debate, we must peal. tigation of the Bush Administration, GAO may somehow achieve a national consensus. The judge’s ruling raised major institutional be able to do this. But don’t hold your breath. Dr. King once reminded us that countries, issues about Congress’ power to investigate What has been lost, however, is something like people, which have been the bitterest en- the Executive Branch. But Republican leaders very precious: it is GAO’s ability to be more emies must someday realize their fate is inter- put party ahead of the institution and partisan- than an auditor of government books. To truly twined. ship ahead of principle. serve Congress and the American people, The hypocrisy about this issue on the Re- GAO needs the ability to take on important as- ‘‘We are caught in an inescapable network publican side is simply breathtaking. During signments even if they are not supported by of mutuality, tied in a single garment of des- the 1990s, it was Republicans in Congress the majority party, and it needs the authority to tiny’’ who embarked on a concerted effort to under- carry them out effectively even if they are con- Over the course of the last ten months, I mine the authority of the President. Congres- troversial. This essential independence is now have spoken with many colleagues on both sional committees spent over $15 million in- gone. sides of the aisle, and on both sides of the vestigating the White House. They de- For the first time in its history, GAO’s shield Capitol, urging that we create and continue an manded—and received—information on the in- of nonpartisanship has been pierced. In this inclusive forum in which different views about nermost workings of the White House. They new world, partisan considerations matter. the Mideast could be freely expressed freely subpoenaed top White House officials to tes- Congressional Republicans can dictate GAO and listened to carefully. tify about the advice they gave the President. action; congressional Democrats can’t. That is They forced the White House to disclose inter- a sea change in GAO’s mission. With several other equally concerned col- nal White House documents—memos, e- In the last eight years, some of our most im- leagues, I convened a series of discussion mails, phone records, even lists of guests at portant congressional powers have been mis- meetings to which all Members have been in- White House movie showings. And they used for partisan purposes. We’ve seen the vited. House Members of all faiths have at- launched countless GAO investigations into power to subpoena documents or individuals tended them. They also have been attended everything from President Clinton’s Health abused and twisted beyond recognition. The by rabbis, ministers, priests and imams, as Care Task Force to his working group on power to immunize witnesses was trivialized. well as by senior officials of Arab-American China Permanent Normal Trade Relations. The power to hold officials in contempt be- and Jewish-American organizations concerned And if the White House resisted, these came a cheap political tool. And the power to about the Middle East crisis. Other participants same leaders insisted that Congress and the impeach a President was reduced to a cam- have included Yitzhak Rabin’s son; President public’s right to know was paramount. Defend- paign strategy. Carter’s NSC officer for the Camp David ing his numerous demands for White House Now the General Accounting Office, with its Agreement between Israel and Egypt; one of records, for example, Rep. Dan Burton in- well-deserved reputation for superb work, be- President Clinton’s negotiators in the 2000 sisted on the House floor that ‘‘public disclo- comes the latest casualty of partisanship. We Palestinian-Israeli peace negotiations; the U.S. sure of the facts is the essence and in large are losing something very special here, and it Conference of Catholic Bishops’ representa- part the purpose of congressional oversight. is slipping away almost without notice. tive on institutions in the Holy Land; the Vice- The American people have a right to know the I ask unanimous consent to insert three President for International Affairs of the Amer- facts.’’ And other Republican leaders reiter- short documents into the RECORD. They are ican Jewish Committee, the President of the ated this message over and over again on an exchange of correspondence with the Arab-American Institute; a Deputy Secretary countless television talk shows. Comptroller General on this issue and a fact General of the National Council of Christian But now that President Bush and Vice sheet on the Walker v. Cheney case that my Churches, and two representatives—one President Cheney are in office, suddenly these staff has prepared. Israeli and one Palestinian—of an association priorities have changed. Oversight is no longer f of bereaved parents of victims of the violence. a priority. In fact, it’s something to be avoided While we all have been distracted by other at all costs, including sacrificing the independ- COMMENDING ISRAEL ON THEIR pressing national security issues, I plan to re- ence of GAO. Even when GAO asks for the ELECTIONS sume these panels, as soon as possible. most basic information—what private interests SPEECH OF All the attendees agreed on the importance met with a White House task force—the an- of maintaining genuine dialogue and of mini- swer is that GAO is not entitled to ask these HON. JOHN CONYERS, JR. mizing inflammatory or divisive declarations. I questions. OF MICHIGAN agree, and that conclusion guides my vote on By pressuring GAO to accept a badly flawed IN THE HOUSE OF REPRESENTATIVES this resolution. court decision, Republican leaders placed ex- Wednesday, February 12, 2003 pediency over principle. In the short term, they I fully supported the creation of the State of will get what they want—a Bush White House Mr. CONYERS. Mr. Speaker, I voted Israel. My continuing support of its security that is accountable to no one. In the long ‘‘present’’ on the resolution offered by the and viability has never wavered. And I agree term, however, they have done lasting dam- Gentleman from Virginia (Mr. CANTOR) on the that one of Israel’s lasting strengths has been age to the balance of powers between Con- Israel-Palestine controversy. Because of the it’s fierce commitment to democracy, imple- gress and the White House. extensive interest in that resolution, I would mented once again in the recent elections. At Consider this irony: In their eagerness to like to explain the basis of my vote. For nearly the same time, my dedication to America’s undermine the Clinton White House, Repub- a year, I have worked more intensively on this pursuing a just, equitable and lasting peace licans in Congress tried to tear down the pres- controversy than on any of the other pressing for all people in the region is equally strong. idency. Now, in their eagerness to protect the matters before us, with the exception of the I am sure that my colleagues fully share Bush White House, they are willing to tear looming disaster in Iraq. My aim has been to these goals, however much we sometimes down Congress. convince my colleagues that—despite the un- may differ on the best path to reach them. I The implications of GAO’s decision not to derstandably intense feelings many have on believe, nevertheless, that this resolution, appeal are enormous. Without a realistic this matter—it is crucial that we promote and though well-intentioned, would be counter-pro- threat of legal action, GAO loses most of its engage in honest dialogue about the terribly ductive to progress towards those goals, espe- leverage. In effect, the agency’s ability to con- difficult questions posed by the Middle East cially at this perilous time when competing duct effective independent investigations is crisis. That delicate dialogue must be marked considerations should be carefully balanced. emasculated. And in the process, core Amer- by as much civility and mutual respect as we ican values of open government and account- can muster, and by a relentless effort to un- This resolution is partially designed to reas- able leaders have been sacrificed. derstand viewpoints we may not share. sure Israel of our friendship. I am convinced, The Comptroller General has stated that his Finger-pointing, brandishing claims and however, that the Israeli Government and the decision not to appeal will have little impact on grievances may seem totally justified and im- Israeli people know well that the United the day-to-day operations of GAO. There is portant to express. The intensity of feeling is States’ commitment—and the commitment of some truth to this. Much of what GAO does obvious and understandable. But surely the this entire body—to their safety and survival is every day are routine audits of government goal of halting violence and resolving the dis- steadfast and will remain so. programs that virtually everyone supports. pute is paramount. I believe its priority re- Judged in the context of all these consider- GAO will be able to continue this routine work. quires that my words and conduct in this body ations, this resolution is simply too one-sided

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.072 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E261 to accomplish another of its presumed pur- the fiercest conflicts of the Second World War. By Choice in World War Two, By Chance in poses, namely, advancing peace in the Middle Almost 7,000 Americans were killed in action. Korea, author Jack M. Anderson tells Kelly’s East. Alternative formulations would be better More than 20,000 Americans were wounded. story in an excerpt describing the first man he suited for that objective. Of the 22,000 Japanese defenders, only 1,083 ever saw die. I also do not think the Congress should try survived. As we prepare to send our young men and to involve itself in the internal politics of an al- On February 23, 1945, the fifth day of the women into combat, I think that it is fitting that lied nation. battle, Marines from the 5th Division were or- we remember the sacrifice of men like Carl In addition, this president, like his prede- dered to ascend the slopes of Mt. Suribachi, Kelly, and finally give him the honor that has cessors, should be given the maximum flexi- the main peak controlling the island. Four Ma- been so long overdue. bility to maintain the credibility of the United rine squads worked their way up the mountain Recently my hometown newspaper, the States with all parties; we should strive to pre- and, at 10:30 a.m., 1st Lieutenant Harold Jackson Argue-Progress, published an article serve his ability to broker a permanent resolu- Schrier, Platoon Sergeant Ernest Thomas, about Kelly’s life of commitment, and I would tion. With equal conviction, I urge the presi- Sergeant Henry Hansen, Corporal Charles like that article and these comments to be dent to use those capabilities to the fullest; to Lindberg, and Private James Michels raised submitted together for the RECORD. In this advance a timetable more vigorously, and to the first American flag on Mt. Suribachi. way, I wish to honor the memory of a home- propose more detailed possible peace plans. Today, when our Nation thinks about the town hero, a father, a husband, and an exam- In conclusion, Mr. Speaker, I appreciate the brave soldiers of Iwo Jima, we often visualize ple of valor to all Americans, on behalf of a frustrations and fears that have marked the the commanding bronze statue resting on the grateful nation. past three years. And I know that Washington banks of the Potomac River. Most Americans [From Jackson Argus-Progress, Jan. 29, 2003] is now preoccupied with Iraq and with the do not realize that this memorial actually de- threat of terrorism to our homeland security. picts the second, much larger flag that was REMEMBERING BUTTS COUNTY’S LT. KELLY But that is all the more reason that we should raised over Mt. Suribachi, signaling the cour- (By Herman Cawthon) strive to keep this body poised to play its part age and determination of the United States to In the recently published Warrior By in stanching violence in Israel and the West almost every soldier on Iwo Jima and to the Choice in World War II, By Chance Korea, Bank, and in supporting any future peace ini- naval vessels at sea. author Jack M. Anderson tells of his 24-plus tiatives. For me, it is difficult to see why, dur- In my home state of Hawaii, the Iwo Jima years of service as a United States Infantry- ing these perilous times, the legislative body United States Memorial Association is working man. of the sole nation on earth which might bring to raise the funds necessary to build a memo- In his book Anderson includes an excerpt this crisis to closure would do anything that rial to recognize the American soldiers who of a Butts County warrior, Carl Kelly. An- could compromise that nation’s ability to do raised the first American flag on Mt. Suribachi. derson describes Kelley as follows: so. I applaud their efforts and hope that every cit- ‘‘From Butts, Georgia 1st Sgt. Carl Kelly, Hq Co, 1st Bn, 38th Inf was wounded the same f izen across the nation will support those time I was. He would return to duty and be groups dedicated to recognizing the courage killed the day before I was captured. He was HONORING THE COURAGE OF THE of American soldiers. U.S. MARINES, 5TH DIVISION ON the first man I would watch die. We started f to move him to the Bn Aid Station, but he MT. SURIBACHI said not to, but wanted us to get a hometown IN RECOGNITION OF CARL KELLY friend of his who was the Bn S4 Sergeant. HON. ED CASE ‘‘Carl told Stewart (I hope that name is OF HAWAII HON. MAC COLLINS right) that things were going slowly dim and he wanted Stewart to be sure to tell his wife IN THE HOUSE OF REPRESENTATIVES OF GEORGIA and kids that he loved them and would meet Thursday, February 13, 2003 IN THE HOUSE OF REPRESENTATIVES them in heaven. He talked for a few minutes Mr. CASE. Mr. Speaker, I rise today to Thursday, February 13, 2003 more, then just closed his eyes and was dead. I had seen others killed and would see more, honor the courage of the first United States Mr. COLLINS. Mr. Speaker, a man from but that was the first time I watched a man soldiers to scale the summit of the heavily-de- Butts County, Georgia, Carl Kelly of Pepperton die.’’ fended Mt. Suribachi on Iwo Jima. Cottonmill Village, has recently been reintro- Anderson and Kelly both had very similar Iwo Jima is a small rocky island only two duced to his community and to new genera- military careers up to the death of Kelly. miles wide and four miles long located ap- tions as a true hero. Both were in the National Guard when World proximately 650 miles south of Tokyo, Japan. Just prior to World War Two, First Sergeant War II started and both were sent into action It is a volcanic island, much like the islands in Kelly was a member of the Jackson Rifles of with little training and even less to work my home state of Hawaii—a place where cool the Jackson National Guard. 1st Sgt. Kelly with; not only guns and ammunition, but Pacific breezes rush over soft beaches and was sent to Europe with very little training and food and lodging. Kelly went to the European birds sing songs learned during lonely flights Theater and Anderson to the Pacific. Both very little equipment. While he was there he were wounded and decorated several times. across the wide ocean. was one of the thousands of Americans who Anderson details how the US troops im- For a brief moment in time, the island of Iwo went ashore on Utah Beach during the Nor- proved and how they wound up with so much Jima became a central battleground between mandy Invasion. He was later wounded in St. more than the enemy. the Empire of Japan and the Allied Forces Lo, France and awarded his first Purple Heart After World War II, both joined the regular during those terrible and dark days of World and the first of his three Bronze Stars for gal- Army, so when the Korean Conflict started, War II. The Allied Forces were determined to lantry. they were sent into battle immediately. take the island in preparation for a final attack Following the war, Kelly remained in the Again Anderson tells how the U.S. was very on Japan, and the Japanese were unbendable military and was deployed very shortly there- short on supplies and had very few men with in their desire to defend Iwo Jima and to pre- after to Korea, where he was given a field pro- any training and experience. At the begin- ning, he describes the hardships experienced vent foreigners from moving any closer to the motion to 2nd Lieutenant. While in Korea, Lt. by the troops as they fought the larger, bet- main islands of Japan. Kelly was wounded a second time. Once he ter trained enemy troops. Both men were On February 19, 1945, approximately returned to action, he repeatedly risked his prisoners and escaped. Again, the U.S. wound 70,000 American and other Allied Forces and own life to cover the retreat of a pinned down up with superior troops and equipment. 22,000 Japanese soldiers locked themselves artillery unit, ultimately receiving a mortal After reading the book, Cary Kelly, son of in a horrific battle that would begin the final wound. Lt. Carl Kelly, wrote the following letter: phase of the War in the Pacific. Entrenched in Lt. Carl Kelly is, from all available records, ‘‘To Whom It May Concern: The following a series of interlocking caves, blockhouses, the most highly decorated veteran of Butts is a brief military history of Lt. Carl Kelly and pillboxes, the Japanese fought with deter- County. While bravely serving his nation he from Jackson, Georgia. mination to defend their island. Debarking off was awarded three Purple Hearts, three ‘‘Carl Kelly began his military career by a naval armada of more than 450 ships, the Bronze Stars, the Silver Star, and dozens of joining the Jackson National Guard, then called the Jackson Rifles, while still in his Allies, led by the United States, brought the other honors. teens. When WWII started, the Jackson Na- full weight of their highly trained and battle What has brought Lt. Kelly’s actions to the tional Guard was called upon to train for the tested troops to bear with the determined goal attention of the public is a book chronicling the war in Europe. Carl Kelly was made 1st Ser- of taking the rocky island no matter what the life of an infantryman in World War Two and geant before leaving for Ireland to wait for cost. The battle for Iwo Jima would be one of Korea. In his recently published book, Warrior the invasion of Normandy.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.075 E13PT2 E262 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 ‘‘After landing on Utah Beach the 8th At the time Carl was killed she had three TRIBUTE TO MATTHEW R. DUKSA, Army division fought their way inland to young sons, Cary, Tim and Pat. All three SR. France. There in St.-LoFrance, then 1st Ser- served in the military. Tim was killed in a geant Kelly was wounded in action and was motorcycle accident in California after being awarded his first of two bronze stars for gal- discharged and on the way home. Pat was a HON. JOHN B. LARSON lantry. He also received his first Purple disabled Vietnam Combat Veteran and was OF CONNECTICUT heart for being wounded in action. As soon as killed a couple of years ago in a truck acci- IN THE HOUSE OF REPRESENTATIVES he was able he rejoined his outfit and contin- dent. ued fighting into Germany until the Ger- A few years after Carl’s death, Edna mar- Thursday, February 13, 2003 mans surrendered. ried Ed Daniel, another Veteran and they Mr. LARSON of Connecticut. Mr. Speaker, I ‘‘By this time Sgt. Kelly had made the de- had two sons, Chip and Joe. Both sons are cision to enlist in the military for a career rise today to honor and pay tribute to Matthew now veterans, too. Ed passed away a few R. Duksa, Sr. of Newington, Connecticut who and was a full time military personnel. years ago after an extended illness. ‘‘When the Korean Conflict began Sgt. died November 28, 2002 at the age of 80. Mr. When asked how she had handled so much Kelly was immediately sent to Korea. (How tragedy and could still have a smile and her Duksa was a longtime business owner in the President Harry Truman could call it a con- special laugh, she pointed upward, and said First Congressional District and a valued flict when over 50,000 American soldiers were member of the community. killed is beyond me). It was a terrible war, she had a lot of help from above. often fought in hand-to-hand combat in tem- Matt will long be remembered for his com- f peratures of 20 degrees below zero, fighting mitment to his business and community. He against not only North Koreans but Chinese PAYING TRIBUTE TO: J. THOMAS created the Borawski-Duksa funeral home in as well. GILMORE New Britain in 1949 and the Newington Me- ‘‘After distinguishing himself on the bat- morial Funeral Home in Newington in 1952. tlefield as being a leader of men, Sgt. Kelly He was president of both until his death, and was awarded a battlefield commission to 2nd SPEECH OF Lieutenant. Soon after he was again wound- held memberships in the Connecticut and Na- ed in action. HON. SCOTT McINNIS tional Funeral Director’s Associations. ‘‘After recuperating from wounds, Lt. OF COLORADO Throughout his life, Matt was intensely de- Kelly returned to active duty and soon after IN THE HOUSE OF REPRESENTATIVES voted to his family, to Connecticut, and to his was involved in a battle involving an artil- Tuesday, February 11, 2003 country. He was a Newington volunteer fire- lery unit that had been ambushed and was fighter for sixteen years, was director of the trying to retreat. According to records, in- Mr. MCINNIS. Mr. Speaker, it is with great tense enemy fire was preventing the with- Newington volunteer ambulance, a member of pride that I rise today in order recognize Dr. J. Polish Businessmen and Falcons Nest #88, as drawal of the field artillery battalion. Thomas Gilmore of Alamosa Colorado. Over ‘‘Lt Kelly reconnoitered the enemy posi- well as a 3rd and 4th degree member of the tions and organized the artillerymen into the last seven years Dr. Gilmore has served Knights of Columbus Council 3884 in fighting groups. With complete disregard for as president of Adams State College in Newington. his personal safety, Lt. Kelly repeated ag- Alamosa, during which the college has experi- Those who knew Matt, knew him for his in- gressive actions, wiping out enemy forces enced a period of dramatic growth and devel- tegrity, contagious sense of humor, endless and weapons. Besides instilling confidence in opment. curiosity, love of life, and twinkling blue eyes. the artillerymen, his conspicuous actions Dr. Gilmore, a native of the San Luis Valley, served to center the fire of the enemy on He will be remembered as respectful of his himself. Although enemy fire became more received his bachelor’s and master’s degrees staff, putting the needs of others before him- intense and deadly, Lt. Kelly continued to in 1967 and 1968, from Adams State College. self, always doing his best, living life to its full- expose himself in leading the assaults. Fi- In 1973, Tom became a member of the Col- est, and showing love continuously. Matthew nally he was struck by enemy fire and fell lege’s faculty in the School of Business and Duska will be greatly missed by his friends, mortally wounded. later earned his Ph.D. from Colorado State family, and his community and I ask my col- ‘‘Before he died he told a friend to tell his University in Economics. Dr. Gilmore served wife and children that he loved them very leagues to join me in honoring his life. as the School of Business’s Dean from 1983 much and would see them in heaven some- f day. He received the Silver Star Award post- until 1993, during which time, he guided the humously. school to receiving the first of Adam State’s DAKOTA COUNTY SOIL AND ‘‘Lt Kelly was in service for eleven years. four Excellence in Education Awards. In 1993, WATER CONSERVATION DISTRICT He received three Purple Heart Medals, three he was named Vice President for External Af- ACCOMPLISHMENTS Bronze Star Medals and the Silver Star fairs, and within that same year he became medal, as well as the many service medals awarded by the United States Army, during the Vice President for Administration. No HON. BETTY McCOLLUM the period of time served. sooner did Tom accept the position of Vice OF MINNESOTA ‘‘I feel my father is a forgotten Hero from President, that he was named President of the IN THE HOUSE OF REPRESENTATIVES Butts County. From all the records I can College. find, he was the most decorated soldier from Beginning in 1995, and throughout his entire Thursday, February 13, 2003 Butts County. He was also the only military tenure as President, Dr. Gilmore was pre- Ms. MCCOLLUM. Mr. Speaker, I rise today man and officer to serve in both World War paring Adams State to become an inde- II and the Korean Conflict who was killed in to honor the accomplishments of the Dakota action. He received a battlefield commission pendent institution. Under his direction, the County Soil and Water Conservation District. I from 1st Sgt. to 2nd Lieutenant. Our family school embarked on an ambitious building am pleased that the Environmental Protection also received a letter of condolence from program constructing the first new building on Agency selected the Dakota County Soil and General Douglas MacArthur (which we still its campus in more than 25 years. After hav- Water Conservation District as one of their have). ing built a new theater and remodeled the Clean Water Partners for the 21st Century this ‘‘To me this is not a bad resume for a School of business, Dr. Gilmore had every year. This is a great honor and I am proud to young man from Pepperton Cottonmill Vil- lage who started out in the Jackson National student residence hall wired for internet ac- support Dakota County Soil and Water Con- Guard and died a hero at the ripe old age of cess. Due to his desire to see more students servation District’s achievements. 32. get the best education possible, he enlarged The Dakota County Soil and Water Con- ‘‘I believe that every young man and the endowment to almost four times its original servation District helps local landowners pro- woman form Butts County who gave their size. As Dr. Gilmore retires, it is clear that he tect Minnesota’s natural resources. Their as- life in defense of their country are heroes has left Adams State College a stronger insti- sistance has been critical in controlling erosion and should be recognized. In a time when tution than he found it. near our lakes and rivers. They have also roads, highways and buildings, are named after people at the drop of a hat, none of Mr. Speaker, it is with honor that I recognize played a valuable role in helping integrate ec- these young heroes even have a small plaque Dr. J. Thomas Gilmore before this body of ological and environmental considerations into on a park bench in Butts County. Even on Congress and this nation. His strong leader- all phases of urban planning, design and con- Veterans Day and/or Memorial Day their ship has improved the quality of secondary as struction. Their assistance helps reduce con- names are only brought up by family mem- well as post-secondary education in the State taminated runoff and introduces the use of bers. I feel that other counties in Georgia are of Colorado. Tom has truly been a valuable wetlands and other natural processes to pro- way ahead of Butts County in this matter. ‘‘Very Sincerely, Cary V. Kelly’’ resource to the students and faculty of Adams tect our water resources. Carl Kelly is not the only hero in the fam- State College. I thank him for his continued The EPA’s Clean Water Partners for the ily. His wife, Edna is a hero to many of her service to his community and the great State 21st Century program recognizes these ex- friends. of Colorado. traordinary efforts. This award is presented to

VerDate Jan 31 2003 04:11 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.079 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E263 local governments that go beyond the require- TRIBUTE TO LOLA SPRADLEY When parents are accurately informed about ments of the Clean Water Act. It goes to those what ‘‘comprehensive’’ sex education actually willing to mobilize local resources in order to SPEECH OF entails, which includes distributing condoms in protect and improve the overall health of our HON. SCOTT McINNIS schools, they make it clear that they do not watersheds. The Dakota County Soil and want their children to be inundated with OF COLORADO ‘‘safesex’’ propaganda. Instead, parents want Water Conservation District clearly fits this de- IN THE HOUSE OF REPRESENTATIVES their children to be taught self-respect, self- scription. Tuesday, February 11, 2003 control and abstinence-until-marriage. Mr. Speaker, protecting and improving the This survey marks the first time parents nation’s watersheds is important to me and my Mr. McINNIS. Mr. Speaker, it is with great have been polled using the exact language pride that I recognize and congratulate Rep- district. I share in the excitement of this award from comprehensive sex education guidelines. resentative Lola Spradley. Rep. Spradley has and am proud of the Dakota County Soil and The major weaknesses of previous polls are recently become the first female Speaker of their misleading questions and fuzzy interpre- Water Conservation District’s achievement. the Colorado House, a truly momentous ac- tations. In this poll, Zogby used exact defini- complishment. tions and verbatim wording from the com- f Growing up on a wheat ranch on the plains prehensive sex education curricula developed of Colorado, Lola learned to be a ready farm and endorsed by such groups as the Sexuality CONFIRMATION OF MIGUEL A. hand and could do everything from drive a Information and Education Council of the ESTRADA TO THE UNITED tractor to milk a cow. Her experience growing United States (SIECUS) and Planned Parent- STATES COURT OF APPEALS up on a farm has helped Lola to have an ex- hood. FOR THE DISTRICT OF COLUM- cellent understanding of the rural district that The Zogby organization also found that: All BIA CIRCUIT she now represents. Now, Lola Spradley is a demographic groupings strongly disapprove of 56-year-old representative from southern Colo- comprehensive sex education—especially rado. She and her husband, Dale, have four non-white minorities (Hispanics and Asians). HON. JO BONNER children and seven grandchildren. She lives And, 70 percent of parents strongly dis- on a 240-acre ranch with her horses and approve of their teens getting contraceptives OF ALABAMA dogs, near Beulah, Colorado. without their approval. IN THE HOUSE OF REPRESENTATIVES As a political leader, Rep. Spradley is proud Mr. Speaker, America’s parents have spo- of her beliefs. She stands firmly for the rights ken. They want abstinence-until-marriage edu- Thursday, February 13, 2003 of Colorado’s citizens on issues that are as di- cation. This bill ensures that the values many verse as Gun Control and Water Manage- American parents hold dear:—the values of Mr. BONNER. Mr. Speaker, I rise today in ment. She is a strong conservative and a de- abstinence and marital faithfulness are not de- support of the nomination of Miguel A. Estrada voted student of government. Running under termined by taxpayer-funded ‘‘safe-sex’’ prop- of Virginia to the United States Court of Ap- that banner ‘‘Lola Listens,’’ Spradley won a aganda in schools. peals for the District of Columbia Circuit. This decisive victory in the last election, and a I encourage my colleagues to join America’s nomination has been pending before the Sen- unanimous election to the position of Speaker parents in supporting this bill, and I yield back ate since May 9, 2001. from the Colorado House Republicans. Colo- the balance of my time. COALITION FOR ADOLESCENT SEXUAL HEALTH— Miguel Estrada has experience, intelligence, rado is proud to have her as its first female Speaker of the House. SUMMARY OF KEY FINDINGS character and bipartisan support. Mr. Estrada Mr. Speaker, it is with honor that I recognize BACKGROUND has argued 15 cases before the United States Rep. Lola Spradley before this body of Con- Zogby International conducted the survey Supreme Court and has served in the Justice gress and this nation. She is a strong woman on behalf of the Coalition for Adolescent Department under presidents of both political who cares about her district and her state, and Sexual Health, an ad hoc association formed parties as a federal prosecutor and as the As- she will continue to be an integral part of exclusively for the purpose of conducting the sistant to the Solicitor General. Mr. Estrada poll. Colorado’s leadership. Private foundations that wish to remain was born in Honduras and attended Harvard f anonymous paid for the cost of the survey. Law School where he served as Editor of the The random sample survey was conducted Harvard Law Review. He maintains the high- ABSTINENCE January 11 to 15. A total of 1,245 adult est rating of ‘‘unanimously well qualified’’ from parents of children ages 5 to 18 were inter- viewed with an over-sampling of African the American Bar Association. This rating is HON. JOSEPH R. PITTS Americans. The margins of error were: Total based on professional as well as personal OF PENNSYLVANIA MOA = +/¥2.8 percent; Whites MOA = +/¥3.3 ¥ evaluations of a nominee, and some Demo- IN THE HOUSE OF REPRESENTATIVES percent; All non-whites MOA = +/ 5.5 per- cratic leaders have referred to this rating as cent; Blacks MOA = +/¥ 6.3 percent; Born Thursday, February 13, 2003 again Christians = +/¥5.6%. ‘‘the gold standard.’’ As a result of Mr. The total sample was approximately even- Estrada’s professional and personal accom- Mr. PITTS. Mr. Speaker, I rise today in ly split among fathers of children in grades plishments, he has received broad support strong support of the funding for abstinence- K–6, fathers of children in grades 7–12, moth- among lawyers and judges associated with until-marriage education in this bill, and I thank ers of children in grades K–6 and mothers of the Chairman for his leadership on this impor- children in grades 7–12. both political parties. tant issue. NEED FOR ZOGBY SURVEY President Bush has voiced his concern for Today, the results of a landmark Zogby Previous surveys by groups such as Alan the current judicial emergency in America with International survey assessing parental atti- Guttmacher Institute, Planned Parenthood, a large number of seats at the appellate and tudes on sex education have been released to Sexuality Information and Education Coun- district levels remaining unfilled. President the public. The Zogby poll reveals strong pa- cil of the United States (SIECUS), and Advo- Bush, as the Chief Executive to the Judiciary, rental approval for character-based, absti- cates for Youth have had serious flaws: Bi- nence-until-marriage programs and proves ased sample selection; Leading questions; has a constitutional right to name a qualified Deceptive questions; Biased interpretation of person to the Judiciary. Mr. Estrada’s con- that parents soundly reject the goals and con- results. firmation will not only place a well-qualified tent of so-called ‘‘comprehensive’’ sex edu- Such surveys have been used to claim that and respected lawyer on the United States cation. The results are available online at parents support comprehensive sex education www.whatparentsthink.com (also known as ‘‘safer-sex’’ or ‘‘abstinence- Court of Civil Appeals, it will uphold one of the According to the Zogby poll, 73.5 percent of first’’ sex education) and that parents oppose finest traditions of our country. Mr. Estrada parents approve or strongly approve of absti- character-based, abstinence-until-marriage has endured over a twenty month nomination nence-centered sex education. 61.1 percent of sex education. Such surveys describe comprehensive sex process without the courtesy of a floor vote. I parents disapprove or strongly disapprove of strongly support Miguel Estrada becoming the education using innocuous, vague, euphe- so-called comprehensive’’ or ‘‘safe sex’’ edu- mistic, and almost compassionate wording first hispanic judge to sit on the United States cation. 75.3 percent of parents disapprove or designed to convince parents that such edu- Court of Appeals for the District of Columbia strongly disapprove of the Centers for Disease cation is needed for their children’s health Circuit. Control (CDC) sex education curriculum. and well being.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.082 E13PT2 E264 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 HOW THE QUESTIONS IN THE ZOGBY POLL WERE among non-white minority parents (His- future. This award is a well-deserved token of DEVELOPED panics and Asians) and among parents who the respect that is due him for his efforts. Five types of questions were included in identified themselves as born-again Chris- Therefore, I ask my colleagues to join with me the Zogby survey. All 29 questions in the sur- tians. All demographic groups disapprove of com- in thanking him for his commitment to excel- vey were developed to introduce a minimum lence and his desire to benefit others through level of bias. prehensive sex education curricula that have Fourteen questions asked parents their been promoted by the CDC. public service. I would also like to ask my col- level of approval for comprehensive sex edu- FINDINGS ON SPECIFIC QUESTIONS leagues to join me in wishing him good fortune cation. The questions asked verbatim com- By a 4.4 to 1 margin, parents disapprove or in his new role as a State Senator. ponents of the Guidelines for Comprehensive strongly disapprove of teaching young people f Sexuality Education. These guidelines, de- that homosexual love relationships can be as INTRODUCTION OF FULL FUNDING veloped in 1990 by the Sexuality Information satisfying as are heterosexual relationships. and Education Council of the United States (See question 14.) FOR IDEA NOW ACT OF 2003 (in conjunction with the Centers for Disease It appears that parents have a more mixed Control and Prevention [CDC], the National opinion on the matter of having children School Boards Association, Planned Parent- HON. JOHN B. LARSON taught factual or biological information (see OF CONNECTICUT hood and others) represent the foundation of questions 13, 18 and 19, for example). How- IN THE HOUSE OF REPRESENTATIVES comprehensive or abstinence-first sex edu- ever, opposition from parents seems to in- cation. In short, these guidelines detail what crease substantially if a connection is per- Thursday, February 13, 2003 comprehensive sex education wants children ceived between their children and sexual ac- Mr. LARSON of Connecticut. Mr. Speaker, I and adolescents to learn. When organizations tivity. such as Planned Parenthood, SIECUS, the When it comes to allowing teens to obtain rise today to introduce a bill that will put an Alan Guttmacher Institute, and Advocates contraception without parental approval, end to the embarrassing legacy that the fed- for Youth lobby Congress, state legislatures parents much more strongly disapprove eral government has created for itself in failing and school boards on behalf of comprehen- when their own children are involved. About to fully fund our children’s education and sad- sive sex education, it is these guidelines that 46 percent of parents either strongly dis- they have in mind. (See questions 7 through dling the states with tens of billions in un- approve or disapprove of the idea that teens funded mandates. I refer of course to the fail- 20.) could obtain contraception without the per- Six questions asked parents their level of ure of the federal government to provide for mission of a parent. (See question 27.) How- approval for character-based, abstinence- mandatory full funding for the special edu- ever, when this question was personalized, until-marriage sex education. These ques- about 70 percent of parents either strongly cation program—or IDEA. tions asked verbatim portions from the Na- disapprove or disapprove of their child being Currently, the federal government does not tional Guidelines for Sexuality and Char- able to obtain contraception without their meet the financial obligations for special edu- acter Education. These guidelines, developed knowledge or approval. (See question 29.) cation it committed to in 1975 when the ‘‘Edu- in 1996 by the Medical Institute for Sexual Health, are considered by many abstinence f cation for all Handicapped Children Act’’ (re- groups to represent the foundation for absti- named Individuals with Disabilities Education nence education. (See questions 1 through 6.) CONGRATULATING SENATOR MIKE Act in 1990) was first passed by Congress. Four questions asked parents their level of BISHOP This shortfall places an onerous financial bur- approval for comprehensive sex education den on local communities who must find alter- curricula promoted for years by the Centers HON. MIKE ROGERS nate resources, such as higher property taxes, for Disease Control and Prevention (CDC). to fund special education. The questions paraphrased teaching material OF MICHIGAN from these curricula. (See questions 25 IN THE HOUSE OF REPRESENTATIVES The Individuals with Disabilities Education Act (IDEA) is a civil rights statute that provides through 28.) Thursday, February 13, 2003 Four questions reflect different aspects of funding to states and helps states fulfill their comprehensive sex education not specifically Mr. ROGERS of Michigan. Mr. Speaker, I constitutional obligation to provide a public covered by other questions. (See questions rise today to congratulate Michigan State Sen- education for all children with disabilities. IDEA 21, 23, 24 and 29.) ator Mike Bishop on earning the 2003 Credit serves more than six and a half million chil- One question asked parents their level of Union National Association’s National dren today. Underlying IDEA is the basic prin- approval for comprehensive sex education using the type of vague, innocuous wording Desjardins Youth Financial Education Award. ciple that states and school districts must typically used in the past by groups attempt- His dedication and desire to work for the im- make available a free and appropriate public ing to show parental approval for com- provement of our state is a model for all state education (FAPE) to children with disabilities prehensive sex education. This question was legislators. between the ages of 3 and 21, and must be included for benchmark purposes. (See ques- Senator Bishop is a 1989 graduate of the educated with children who are not disabled tion 22.) University of Michigan and a 1993 graduate of ‘‘to the maximum extent appropriate.’’ MAJOR FINDING the Detroit College of Law. He is a practicing Since 1975, Congress has authorized a fed- Parents overwhelmingly reject comprehen- attorney for Booth & Patterson, P.C., a li- eral commitment to special education funding sive sex education when they are asked ques- censed real estate broker and president/owner at a level of 40 percent of the average per tions that deal specifically with the topics of Freedom Realty, Inc., and Pro Manage- pupil expenditure (APPE) on special education included in comprehensive sex education. ment, Inc. services. However, Congress has only appro- Senator Bishop served two terms in the priated funds to meet between 5 and 16 per- Percent of Percent of parents Michigan House of Representatives, and now cent of the APPE, with FY2002 appropriations parents who dis- who ap- serves as Assistant Majority Leader while rep- setting a record at 16.5 percent, or about $7.5 prove or approve or strong resenting Michigan’s 12th district in the Michi- billion. But that is still only little more than a strongly dis- approve approve gan State Senate. third of the so far embarrassingly unfulfilled, The National Desjardins Youth Financial Federal commitment to our children. This has Comprehensive or abstinence-first sex education guidelines ...... 25.0 61.1 Education Award was bestowed upon Senator resulted in great burdens being placed on our Character-based, abstinence-sex education guide- Bishop for his sponsorship of HB 5327, a bill school districts. For example, in the 2001–02 lines ...... 73.5 16.3 CDC-promoted comprehensive sex education cur- designed to promote financial education in school year, the last completed school year, ricula ...... 13.9 75.3 grades K–12. With hard work and determina- the town of Berlin, Connecticut spent Misc. aspects of comprehensive sex education ...... 22.4 68.1 tion, then-Representative Bishop promoted $4,721,372 on special education, with all but By a 4.6 to 1 margin, parents approve or this bill in such a way that it was passed by $361,543 locally funded. This is outrageously strongly approve of abstinence sex edu- both the House and the Senate, with only one short of the oft-stated goal of 40 percent fed- cation. By a 2.4 to 1 margin, parents dis- dissenting vote in the House and none in the eral financing. One can only begin to imagine approve or strongly disapprove of com- Senate. Senator Bishop’s legislation, now law, the burden IDEA requirements, in the absence prehensive sex education. By a 5.3 to I mar- will help ensure that children will be educated of federal funding, impose on our local school gin, parents disapprove or strongly dis- in financial responsibility, and as a result will districts. We are literally forcing our schools to approve of the information contained in be better prepared for life. comprehensive sex education curricula that rob from Peter’s education to pay for Paul’s have been promoted by the CDC. Mr. Speaker, Senator Bishop’s record of when we should fully fund both. All demographic groupings strongly dis- service and the fruits of his labor speak for And now with passage of the Omnibus Ap- approve of comprehensive sex education, al- themselves. He has served the state of Michi- propriations Bill for Fiscal Year 2003, funding though the strongest opposition was found gan well, and has done much to provide for its will go up about $1.4 billion. There will be a

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.086 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E265 lot of congratulatory backslapping because of Today, the lines of competition are not be- PSAs taxation. There is not a ‘‘fund’’, ‘‘re- this great increase. And it truly is a commend- tween the stock and mutual segments of the serve’’, ‘‘provision’’ or ‘‘allocation’’ on a life in- able step for Congress, but sadly one which life insurance industry. Rather, life insurers surance company’s books to pay PSA taxes fulfills less than half of the promise. Even with must compete in an aggressive, fast moving because, under generally accepted accounting this increase, the federal share rises to only global financial services marketplace contrary principles, neither the government nor tax- 18.2 percent of the 40 percent. I am sure the to the premises underlying these old, out- payers have ever believed the significant people of Berlin will appreciate the few thou- moded tax rules. amounts of tax would be triggered. Neverthe- sand extra dollars they will get as a result of The bill would repeal section 809 that im- less, the continued existence of the PSAs this increase. But the reality is that they need poses a tax on the policyholder dividends of does result in a burden on the companies in is the hundreds of thousands of extra dollars mutual life insurance companies, and section today’s changing financial services world—a that is owed to them. 815 that applies to policyholder surplus ac- burden based on bookkeeping entries made As a former teacher, member of a school counts of stock-owned life insurance compa- from nineteen to forty-three years ago to com- board, State Senator, and now Congressman, nies. Both of these provisions are vestiges of ply with Congress’ then vision of how seg- I have constantly heard a clear message from an outdated tax scheme developed in 1984 ments of the life insurance industry should be local educators and administrators that more when the lines of competitive balance existed taxed. resources must be committed to provide fair between stock and mutual life insurance com- The repeal of these two provisions, sections and adequate educational opportunities to chil- panies. 809 and 815, would provide certainty, less Section 809 was added to the Code in dren with special needs, and that the federal complexity, and remove two provisions from 1984, in part, to address a perceived imbal- government must meet its commitment under the Internal Revenue Code, which no longer ance between the tax treatment of stock and IDEA. In the past, ‘‘fully funding’’ IDEA has serve a valid tax policy goal in the life insur- mutual companies. In 1984, there were over generally been a theme for a handful of others ance tax structure of the Code. We urge our 100 mutual life insurers, including many large who purport to fully fund IDEA but would take colleagues to join us in cosponsoring this leg- mutual companies, accounting for about one- ten long years to do so. My bill recognizes islation. that 25 years is enough to wait and mandates half of industry activity. Today, about 40 mu- tual life companies remain, including only a this federal funding now. f Let us be clear, this is a constitutional right. few large companies, and mutual insurers ac- Local school districts do not have the discre- count for only about 10 to 15 percent of the TRIBUTE TO LLOYD CHAVEZ tion to not fulfill their obligations to children industry. Stocks as well as mutuals agree that with special needs. Where does the approxi- section 809 is not now needed to provide mately $10 billion in unfulfilled Federal competitive balance. HON. SCOTT McINNIS pledges to the States come from? It has to be Both mutual and stock life insurers believe made up somewhere and will most likely come that their policies provide superior value to OF COLORADO from other important, but not constitutionally consumers. Repeal of section 809 would re- IN THE HOUSE OF REPRESENTATIVES mandated, priorities. This is the real cost of sult in more nearly neutral taxation of stock our inaction. It is either a tradeoff in spending and mutual companies and allow consumers Thursday, February 13, 2003 to focus more on nontax considerations in se- or a property tax increase. Ultimately, the Fed- Mr. McINNIS. Mr. Speaker, it is with a great lecting their insurance provider. As a result, eral Government must choose: either to sup- sense of pride that I honor Lloyd Chavez. Mr. repeal of section 809 is one of the few cor- port it’s commitments or stop making them. Chavez’s continuous dedication to the auto- porate tax relief measures endorsed by the We cannot afford to continue down this path mobile industry, as well as his philanthropic Consumer Federation of America and the Na- of broken promises any longer. It does not endeavors in Denver, Colorado, have made tional Cooperative Business Association. have to be this way, of course. And I believe him a valuable asset to the community. our local educational districts, the states and Section 815 was added to the Code as part the American people deserve better from us. of the 1959 changes to the life insurance com- Lloyd was bom in Denver, Colorado, one of five children. He served in the Navy, and soon f panies tax structure. Before 1959, life insur- ance companies were taxed only on their in- after, married his high school sweetheart. THE LIFE INSURANCE TAX vestment income. Underwriting (premium) in- They had three children. After finishing his de- SIMPLIFICATION ACT OF 2003 come was not taxed, and underwriting ex- gree at the University of Denver, Lloyd began penses were not deductible. The change pro- to work as a salesman at Burt Chevrolet in HON. AMO HOUGHTON vided that all life insurance companies paid Englewood. Little did he know, fifty-one years OF NEW YORK tax on investment income not set aside for later, that he would own the Burt Automotive IN THE HOUSE OF REPRESENTATIVES policyholders and on one-half of their under- Network, a successful and influential business writing income. in Colorado. Thursday, February 13, 2003 The other half of underwriting income for Mr. Chavez is a successful business owner, Mr. HOUGHTON. Mr. Speaker, I am stock companies was not taxed unless it was and has garnered many awards and recogni- pleased to join my colleague from Massachu- distributed to shareholders (so-called ‘‘policy- tions for his endeavors in business. In 1993, setts, Mr. NEAL, together with a number of our holders surplus account or PSA’’). The 1959 Lloyd was recognized as the Top Hispanic colleagues in introducing our bill, ‘‘The Life In- tax structure sought to tax the proper amount Businessman in the U.S., and, in 1994, as the surance Tax Simplification Act of 2003.’’ The of income of stock and mutual companies National Hispanic Businessman of the Year. bill repeals two sections of the Internal Rev- alike and the PSA mechanism helped imple- Burt Automotive Network has also been recog- enue Code, which no longer serve valid tax ment that goal. nized as the top Minority-Owned Business in policy goals. Except for the effective date, the In 1984, Congress rewrote the rules again. Colorado for the past four years. bill is identical to the one we introduced in the Both stock and mutual companies were sub- 107th Congress. jected to tax on all their investment and under- In addition to Lloyd’s success in the busi- Congress has taken a major step forward in writing income. In this context, dividend de- ness community, he also is involved in various rewriting the regulatory structure of the finan- ductions for mutuals were limited under sec- community groups. He has donated cars to cial services industry in the United States. tion 809, and the tax exclusion for a portion of Craig Hospital’s occupational department, This realignment is having a positive impact stock company’s underwriting income was dis- sponsored children’s sports teams, and do- on the way life insurance companies serve continued. Congress made a decision not to nated cars to the Littleton Public School’s their customers, conduct their operations and tax the amount excluded between 1959 and Driver Education Program. Lloyd’s life has merge their businesses to achieve greater 1984. Rather the amounts are only taxed if been marked by significant contributions to his market efficiencies. Unfortunately, the tax one of the specific events described in the community. code contains several provisions which no current section 815 occurs (principally dissolu- Mr. Speaker, it is with privilege that I recog- longer represent valid tax policy goals, and, in tion of the company). nize Lloyd Chavez before this body of Con- fact, are carry-overs from the old tax and reg- The bill would repeal the obsolete section gress and this nation today. Mr. Chavez’s suc- ulatory regimes that separated the life insur- 815 provision. Since 1984, the Federal gov- cess in the Denver business community, as ance industry from the rest of the financial ernment has collected relative small amounts well as his generous donations to the people, world and differentiated between the stock and of revenue with respect to PSAs as compa- have been immeasurably beneficial in the lives mutual segments of the life insurance industry. nies avoid the specific events which trigger of many.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.090 E13PT2 E266 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 CONDEMNING THE SELECTION OF regarding POWs), 26 (H.R. 395, Do-Not-Call Robert began his commitment to the engi- LIBYA TO CHAIR THE UNITED Implementation Act). neering industry when he graduated from Kan- NATIONS COMMISSION ON f sas State University with a Bachelor of HUMAN RIGHTS Science Degree in Civil Engineering with hon- HONORING THE PUBLIC SERVICE ors. Soon after, Robert married his wife and SPEECH OF OF MR. ROBERT VILMUR had two sons. After working as a field engi- HON. RON PAUL HON. LUCILLE ROYBAL-ALLARD neer in Wichita, Kansas, he was transferred to OF TEXAS Colorado. He was hired by Hensel Phelps OF CALIFORNIA Construction Company, and moved to Greeley IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES in 1963. During his first year there, Bob Tuesday, February 11, 2003 Thursday, February 13, 2003 worked as an estimator, project engineer, su- Mr. PAUL. Mr. Speaker, I must reluctantly Ms. ROYBAL-ALLARD. Mr. Speaker, it is perintendent, and project manager. He be- vote against this measure. We can all agree my privilege to honor the career of Mr. Robert came vice-president of the company in 1974, that Libya is a ridiculous choice to head a Vilmur, who retires this week after 38 years of and soon found himself elected president in human rights commission in any civilized orga- distinguished service to the Los Angeles com- 1975. nization. The State Department has long listed munity. Under Robert’s enthusiastic leadership, the Libya on its list of states sponsoring terrorism. Mr. Vilmur began his public service career company’s combined revenue increased tre- Libya has shown over the years that it has no in 1965 with California’s first community action mendously. In June of 1989, his success led respect whatsoever for human rights, when it agency, the Economic and Youth Opportuni- him to split off two of the company’s five divi- comes to its dealings with the rest of the world ties Agency. As part of the agency, he helped sions, and form Phelps-Tointon Incorporated. or even its own citizens. Additionally, this elec- administer a variety of poverty reduction pro- Robert now serves as the company’s presi- tion just underscores what I have been saying grams, including employment training and dent, owning and operating several other Col- for years about the United Nations: it is an or- Head Start. orado companies, such as Rocky Mountain ganization that undermines American sov- Additionally, he committed himself and the Prestress, Inc., Southern Steel Co., and Armor ereignty and consistently works against U.S. agency to work toward improving community Safe Technologies. interests. based organizations in impoverished and un- In addition to his business success, Robert The problem with this legislation, however, derserved areas like East and South Central is a member of the Greeley Rotary and Colo- is that it pretends to be something it is not. It Los Angeles. Mr. Vilmur later continued help- rado Forum, and serves on many other com- pretends to be simply a condemnation of the ing community based organizations working as munity councils. He also has a vested interest elevation of Libya to head the UN Commission staff for the Comprehensive Employment and in providing leadership training and opportuni- on Human Rights. Were that the case I would Training Act Program, where he evaluated ties for K–12 principals, administrators, and have voted in favor of the measure. employment and training programs to ensure superintendents in the district with the Tointon But unfortunately the legislation ventures off that they served our community’s needs. Institute for Educational Change at the Univer- course from there. The legislation calls on the In the next stage of his career, Mr. Vilmur sity of Northern Colorado. president to demand that sanctions against joined forces with then Mayor Tom Bradley to Mr. Speaker, it is with privilege that I recog- Libya be initiated anew, after they had already combat homelessness. As head of Los Ange- nize Robert G. Tointon before this body of been suspended. I do not believe that sanc- les’ Homeless Steering Committee, he worked Congress and this nation today. His contribu- tions have ever hurt a dictator or repressive in collaboration with the City’s growing shelter tions to the engineering industry, as well as regime. On the contrary, sanctions against an system to create a network of government and those in his leadership capacities, have been authoritarian regime only give the leaders a nonprofit organizations dedicated to ending immeasurably beneficial in the lives of many. scapegoat for the sufferings of their people— homelessness. He was also instrumental in while the leadership itself manages to avoid shaping the committee’s direction by devel- f any hardship. Sanctions do not lead to the de- oping new operational procedures. During this feat of these kinds of regimes, but actually tenure several of his efforts, including the IN MEMORY OF SAMUEL J. SIM- strengthen them. City’s Mobile Ombudsperson program, re- MONS: ADVOCATE, ACTIVIST AND Cuba is an excellent example: the United ceived national recognition. FRIEND States has maintained sanctions against that In the spring of 1987, Mr. Vilmur became nation for four decades, but its dictator is manager of the City’s Outdoor Homeless En- HON. CHARLES B. RANGEL stronger than ever. The best way to break the campment, and he was later asked to serve OF NEW YORK hold of dictatorship on a country is to engage as the City’s first Homeless Programs Coordi- IN THE HOUSE OF REPRESENTATIVES and trade with that country. Trade with a re- nator. As coordinator, he helped increase pressive regime brings in goods and ideas funding for the Community Service Block Thursday, February 13, 2003 that undermine the hold of the ruling elites on Grants and he redirected traffic funds to safety Mr. RANGEL. Mr. Speaker, for the benefit of power. It breaks the monopolization on eco- programs. Under his guidance, California’s my colleagues I rise to remember the lifelong nomic activity that characterizes a closed soci- Traffic and Safety Program drastically reduced contributions that Samuel J. Simmons made to ety and economic system. It weakens dictator- fatalities, injuries, and economic losses result- his community, to issues affecting the aging ships and it enriches the population. ing from motor vehicle crashes. and fair housing, and to this nation. I would Mr. Speaker, I join my fellow members in The City of Los Angeles is grateful for Mr. like to extend my deepest regrets to his family condemning Libya’s election to chair the UN Vilmur’s service and dedication to improving and loved ones. We all mourn the loss of this Human Rights Committee. I do not support our quality of life. On behalf of the City, I great man. sanctions, be they against Libya or any other thank him for his many years of public service country. For the past twenty years Samuel J. Sim- and I wish him well in all his future endeavors. mons has worked tirelessly as president and f f chief executive of the National Caucus on PERSONAL EXPLANATION TRIBUTE TO ROBERT G. TOINTON Black Aged, Inc., which is dedicated to serving the needs of the most vulnerable elderly HON. THOMAS H. ALLEN HON. SCOTT McINNIS Americans, and particularly aging African- Americans. OF MAINE OF COLORADO As Assistant Secretary for Equal Oppor- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tunity at the Department of Housing and Thursday, February 13, 2003 Thursday, February 13, 2003 Urban Development (HUD) during the civil Mr. ALLEN. Mr. Speaker, on February 12 Mr. MCINNIS. Mr. Speaker, it is with a great rights era, Mr. Simmons made enormous and and 13, 2003, I was unavoidably absent for sense of pride that I honor Robert G. Tointon. lasting contributions to the infrastructure of fair seven rollcall votes, due to the death of a fam- Mr. Tointon has spent over 42 years building employment practices that our nation holds so ily member. and strengthening Colorado’s engineering, dear today. In doing so, Mr. Simmons admin- Had I been present I would have voted contracting, and manufacturing industries. His istered fair housing laws, and wrote adver- ‘‘yea’’ on rollcall votes 24 (H.R. 346, American undying commitment has made significant tising guidelines to include the fair housing Spirit Fraud Prevention Act), 25 (H. Res. 62, contributions to his community of Greeley. symbol.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.093 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E267 Following his tenure at HUD, he worked to early age. She taught piano lessons in her tration has included protection for the vaccine formulate training programs for managers of home and was organist and director of music manufactures and hospitals but seems to have government-assisted housing and certifications at St. Mark’s Episcopal Church. She is the re- forgotten the people who could suffer the for managers of elderly housing programs, as cipient of numerous awards and commenda- most—the volunteers who are performing their the founding president of National Center for tions, including Woman of the Year (twice) patriotic duty by volunteering to participate in Housing Management, created by presidential and the ‘‘Pinnacle of Success’’ award; but she the vaccination program. executive order. His longtime work, commit- still considers her family her greatest achieve- We need legislation which includes funding ment and expertise in the area of equal hous- ment. to states to provide for education, screening, ing initiatives and home ownership for all She has three daughters and a son, ten medical surveillance, and treatment; protection Americans, was recognized with his election to grandchildren (one deceased) and one great- against discrimination in the workplace, and the board of directors of Fannie Mae. granddaughter. Her children and eight of the compensation for those harmed by adverse Samuel J. Simmons’s service to this nation nine grandchildren are college graduates, sev- reactions. The ‘‘Smallpox Vaccine Compensa- began decades ago, when he worked with the eral with advanced degrees. tion and Safety Act of 2003’’ creates a no-fault Detroit NAACP and Michigan State labor and Mr. Speaker, I hope that all my colleagues compensation program modeled on the exist- employment groups while our nation was be- today will join me in paying special tribute to ing childhood Vaccine Injury Compensation ginning to address the injustice and inequality not only an everyday ordinary woman, but Program. This program has been extremely that African-Americans faced in the workplace. also a woman who has done extraordinary beneficial in providing compensation to the When he arrived in Washington, he brought things in her time! I yield back the balance of families and children who have been injured or energy and determination to the Post Office my time. suffered by routine vaccination. Smallpox vac- Department, where he fought for fair appeals f cine compensation will cover the people vac- procedures that would adequately address the cinated or who are injured by coming into con- grievance and advancement issues of minori- SMALLPOX VACCINE COMPENSA- tact with someone who has recently been vac- ties. For his hard work and results produced, TION AND SAFETY ACT OF 2003 cinated for their unreimbursed medical ex- he received a Meritorious Service Award. penses and lost wages. Samuel J. Simmons spent his lifetime self- HON. EDWARD J. MARKEY In addition the ‘‘Smallpox Vaccine Com- lessly working to improve the access that the OF MASSACHUSETTS pensation and Safety Act of 2003’’ will estab- most vulnerable Americans have to employ- IN THE HOUSE OF REPRESENTATIVES lish state grants to help with the costs of a ment, housing and affordable healthcare, and Thursday, February 13, 2003 safe vaccination program which includes pre- he will be greatly missed. screening, education, follow-up care, and f Mr. MARKEY. Mr. Speaker, I am pleased to health care for people experiencing side-ef- join with Representative WAXMAN in co-spon- TRIBUTE TO MRS. CLEMENTINE fects. This legislation would provide medical soring the ‘‘Smallpox Vaccine Compensation WRENN ODOM leave for health care workers and first re- and Safety Act of 2003’’. sponders who get sick from the smallpox vac- HON. EDOLPHUS TOWNS The smallpox vaccine helps the body de- cine and will make it unlawful to discriminate velop immunity to smallpox. The vaccine is against workers who opt not to participate in OF NEW YORK made from a virus called vaccinia which is a IN THE HOUSE OF REPRESENTATIVES the vaccination program. ‘‘pox’’-type virus related to smallpox. The The ‘‘Smallpox Vaccine Compensation and Thursday, February 13, 2003 smallpox vaccine contains the ‘‘live’’ vaceinia Safety Act of 2003’’ will help to establish a Mr. TOWNS. Mr. Speaker, I rise today to virus—not dead virus like many other vac- safer vaccination program and provide a safe- pay special tribute to Mrs. Clementine Wrenn cines. For that reason, the vaccination site ty-net for the inevitable injuries due to vaccina- Odom is often referred to as ‘‘The Tax Lady,’’ must be cared for carefully to prevent the virus tion. Ultimately, this should enhance participa- because in the late 1940’s she began to help from spreading. Also, the vaccine can have tion in the Smallpox Vaccination Program and farmers with their income tax filings and soon side effects such as fever and body aches to help reach the goal of preparedness against a found herself in the tax business. For her much more serious and life-threatening side bioterrorist smallpox threat. services, a farmer would often give her ham, effects. People most likely to have serious bacon, vegetables or other perishable items. side effects are: people who have or had skin f She received so much that she purchased a conditions (especially eczema or atopic der- TRIBUTE TO ROGER L. REISHER freezer! When asked what she charged, her matitis) and people with weakened immune reply was usually ‘‘whatever you can afford to systems, such as those who have received a give me’’ and to this day she has served four transplant, are HIV positive, are receiving HON. SCOTT McINNIS generations of families. treatment for cancer, or are currently taking OF COLORADO She was born February 15, 1916 in Smith- medications, such as steroids, that suppress IN THE HOUSE OF REPRESENTATIVES the immune system. In addition, pregnant field, Virginia to Fred Douglas and Norma Thursday, February 13, 2003 Whitehead Wrenn. Although formal education women should not get the vaccine because of for African-Americans ended after 6th grade, the risk it poses to the fetus. Women who are Mr. MCINNIS. Mr. Speaker, it is with a great she attended boarding school in North Caro- breastfeeding should not get the vaccine. In sense of pride that I honor Roger L. Reisher lina and then went on to attend Virginia Union the past, between 14 and 52 people out of of Lakewood, Colorado. Mr. Reisher’s entre- University and graduated from Virginia State every 1 million people vaccinated for the first preneurial endeavors and ambitious goals led College. Her teaching career came to an end time experienced potentially life-threatening re- him to found FirstBank forty years ago, cre- when she married Mr. Woodrow Odom, a actions to the vaccine. It is estimated that 1 or ating the largest banking organization in Colo- Hampton Institute graduate who came to Isle 2 people in 1 million who receive the vaccine rado. His ambitions to succeed, and his com- of Wight County as an agricultural extension may die as a result. Careful screening of po- munity involvement, have made Roger a valu- agent. In 1960, Mrs. Odom accompanied her tential vaccine recipients is essential to ensure able asset to the Lakewood community. husband to Ghana, West Africa where he was that those at increased risk do not receive the Roger was one of seven children, and be- Extension Advisor to the Ministry of Agri- vaccine. came the first person in his family to attend culture. The Administration’s smallpox vaccination college. He graduated from the University of She established the first Head Start Center program began on January 24, 2003 with a Colorado with aid from the GI Bill, after serv- in Isle of Wight County, Virginia and neigh- much lower participation than expected and ing in the Army. After gaining some experi- boring counties. She taught in a one-room lower than is needed to adequately protect our ence in banking, Roger moved to Lakewood school for 12 years in Surry County, Virginia nation against a bioterrorist threat. The low and eagerly began a new endeavor in 1963 until 1937 and never let a child’s need go participation rate is due to the Bush Adminis- when he opened First Westland National unmet. When the African-American students at tration’s failure to create a compensation pro- Bank. His business has created positions for the school wanted to form a band, she went gram for the health care workers who will be 2,000 employees at over 100 offices, making to the music director at Virginia State College injured by the smallpox vaccine. The Institute a difference in their lives as well. for guidance and organized the fundraisers of Medicine reported that the lack of a com- In 1988, Roger’s colleagues created the and got several of the instruments donated. pensation program could seriously impact the FirstBank Scholars program at CU. This pro- Mrs. Odom is an accomplished musician program’s goal of increasing terrorism pre- gram has created an endowment of over $1.6 and mastered the piano and pipe organ at an paredness in the United States. The Adminis- million that is funded by FirstBank employees

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.097 E13PT2 E268 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 along with matching company contributions. contact with someone who has recently re- Fifth, the bill would permit up to four days of These scholarships are made available to ceived the vaccine. paid leave for health care workers who experi- those with financial need and leadership capa- The homeland security bill passed last fall ence transient but significant local reactions. bilities, and are disbursed annually at the Uni- limited the liability of hospitals, doctors, and Employers can obtain reimbursement for this versity of Colorado and the University of vaccine manufacturers for injuries caused by expense from the compensation program. Northern Colorado. the smallpox vaccine. However, the legislation Each of these provisions will support our na- In addition to the FirstBank Scholars pro- did not provide compensation to those who tion’s preparations for a smallpox attack. In gram, Roger and his family have created the are injured. the coming days, I look forward to a produc- Family Foundation. The Family Foundation I have heard from public health officials and tive legislative exchange to assure that these works with the Denver Foundation and has vaccination experts that many health care issues are quickly addressed. funded scholarships for almost 100 students. workers are understandably reluctant to ac- f Roger’s commitment to helping students cept a vaccine to protect the public while ENSURE BANK CUSTOMERS ARE achieve educational excellence is admirable. being forced to face the consequences of an INFORMED WHEN THEIR IDEN- He has also served in several leadership posi- adverse reaction alone. These consequences TITY IS STOLEN tions within the community. can include large medical bills, lost income, Mr. Speaker, it is with great privilege that I pain and suffering, and death. There can be recognize Roger L. Reisher before this body no doubt that a compensation program is ur- HON. GERALD D. KLECZKA of Congress and this nation today. Mr. gently needed. OF WISCONSIN Reisher’s commitment to the banking industry, Some have suggested that existing workers IN THE HOUSE OF REPRESENTATIVES as well as his contributions to the educational compensation programs can cover those vac- Thursday, February 13, 2003 success of students in Colorado, have been cinated in case of injury. This approach is not Mr. KLECZKA. Mr. Speaker, today I am in- immeasurably beneficial to numerous Colo- adequate. It is clear that some state programs troducing legislation, in conjunction with my radoans. do not cover vaccine injuries at all, others pro- vide insufficient compensation, and not one colleague Mr. RYAN of Wisconsin, that would f covers those who fall ill from contact with require financial institutions to notify customers if their personal information was compromised someone who has received the vaccine. SMALLPOX VACCINE COMPENSA- as a result of employee misconduct or com- Health insurance may also fall short. Some TION AND SAFETY ACT OF 2003 puter hacking. This legislation, the Identity insurers have threatened not to cover small- Theft Consumer Notification Act, was also of- pox vaccine injuries. And some volunteers or fered in the last Congress. HON. HENRY A. WAXMAN contacts who get injured by the vaccine may Identity theft complaints have nearly dou- OF CALIFORNIA not have health insurance at all. bled over the last year, and this is the third IN THE HOUSE OF REPRESENTATIVES Aside from the lack of compensation for straight year this crime has topped the Federal vaccine injury, there are other impediments to Thursday, February 13, 2003 Trade Commission’s consumer fraud list. Last the smallpox vaccination effort. States are fall, the FBI broke up the largest identity theft Mr. WAXMAN. Mr. Speaker, today I am in- straining under the weight of their usual public troducing legislation to enhance the ability of ring in U.S. history, with more than 30,000 health responsibilities and need additional consumers’ information having been stolen. the United States to respond to a terrorist at- funding. Volunteers who need immediate med- tack that uses the lethal smallpox virus. This In our home state of Wisconsin, it was re- ical care because of a smallpox vaccine reac- vealed last year that a local bank had discov- legislation establishes a program to com- tion may not be able to afford it, and those pensate those injured by the smallpox vac- ered that hundreds of its customers’ informa- volunteers who fall ill for a few days with com- tion had been stolen in September 2001, yet cine. It also contains provisions to assist state mon local reactions to the vaccine may lose efforts against smallpox and to protect health none of the victims were notified until May of wages while recovering. 2002, eight months later. This is completely care workers and their employers during the The legislation I am introducing today ad- vaccination campaign. unacceptable, as any victim of this crime will dresses these problems. My goal is the same tell you of the lengthy and expensive process I am introducing this bill today to begin a as the President’s: to enhance the ability of of restoring one’s credit history after his or her dialogue that I hope will culminate in the quick the United States to defend against a bioter- identity has been hijacked. Unfortunately, passage of legislation. This is not a partisan rorist attack. I believe that changes in the law there is nothing in existing law that compels issue. I know that all members of the House are urgently needed to achieve this goal. banks or other financial institutions to contact and Senate are committed to protecting the First, the bill establishes a no-fault com- their customers if it is discovered that their in- American public from potential bioterrorist pensation program for those injured by the formation was stolen from one of these busi- threats. I look forward to working with mem- smallpox vaccine modeled on the successful nesses. bers from both the Republican and Democratic program for children injured by routine immu- In addition to requiring financial institutions parties and with the Administration to develop nizations. This system is fair, efficient, and to promptly notify victims if their personal infor- a bipartisan solution. I hope that my ideas, as less litigious than the traditional court system. mation has been compromised, this legislation outlined in this legislation, can provide a start- Most importantly, a compensation program will would also have banks assist the customer in ing place for discussion. provide real security to health care workers repairing his or her credit report, and reim- Three weeks ago, President Bush launched and their families in case of injury and will re- burse them for any losses incurred. It would a national program to vaccinate millions of move a major impediment to the vaccination ensure that the annual privacy notices to fi- healthcare workers against smallpox in order effort. nancial institution customers required by to protect the United States in case of a bio- Second, the bill would provide grants to Gramm-Leach-Bliley include the bank’s obliga- terrorist attack. To date, the number of those states to pay for their vaccination programs, tion to carry out these duties. Lastly, the bill vaccinated is far lower than anticipated. Ac- including education and testing for medical would specify that the two-year statute of limi- cording to press accounts, about one thou- conditions that are risk factors for severe reac- tations on seeking civil damages begins to toll sand health care workers have been vac- tions to the smallpox vaccine. at the time the crime is discovered by the vic- cinated, despite an initial goal of about Third, the bill would provide states full fund- tim, rather than at the time the crime took 500,000 in the first month. ing to pay for the immediate medical care of place. According to public health officials, one rea- any health care worker or first responder in- It is only common sense that consumers re- son for this gap is that health care workers are jured by the vaccine, or anyone injured by ceive timely information from the businesses concerned about the risks of the smallpox vac- coming into contact with someone who has that they have entrusted their personal data, cine itself. About one out of every million peo- been recently vaccinated. Timely medical at- should they fall victim to identity theft. This bill ple who receive the vaccine will die, and sev- tention can help to prevent the most serious would give consumers confidence that they eral others will suffer severe medical com- complications of adverse reactions from ever will quickly learn if their information has been plications, including brain damage, blindness, developing. compromised, and that they will receive the and significant scarring. Serious injury can Fourth, the bill would prohibit discrimination necessary assistance to repair the damage occur even among people who have never against any worker who refuses to be vac- done. I urge my colleagues to cosponsor this been vaccinated, but who come into close cinated. measure.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.100 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E269 TRIBUTE TO KEMMONS WILSON large tax cuts that primarily benefit the top 1 Northwestern University in Evanston, Illinois. percent of taxpayers. According to the Con- During his early life, Paul worked as an office HON. HAROLD E. FORD, JR. gressional Budget Office, the President’s tax machine salesman in Chicago, San Diego, OF TENNESSEE cut and other proposals will constitute a major- and Milwaukee, before he and Donna moved IN THE HOUSE OF REPRESENTATIVES ity of the projected $2.1 trillion dollar debt. I to Colorado. In 1965, they purchased the El object to this; Democrats object to this. But Rancho Restaurant near Evergreen, Colorado. Thursday, February 13, 2003 the President and the Republican Party have Paul was a friendly and likeable owner who Mr. FORD. Mr. Speaker, I rise today to ignored these objections. greeted patrons at the door of El Rancho with honor Kemmons Wilson, beloved father, friend The President’s plan to eliminate the cor- his quick wit and a smile. Paul’s wonderful and businessman, who died February 12 at porate tax on dividends comprises the bulk of personality helped him to win the 1977 Lake- his home in Memphis, Tennessee at the age his proposed tax cut—$364 of the $674 billion wood Sentinel’s Man of the Year award. Paul of 90. An innovative entrepreneur and benevo- dollar package—nearly 50 percent. and his wife continued to run the restaurant lent philanthropist, Mr. Wilson is best known If the President wants us to cut $674 billion for more than twenty years until they retired in as the founder of the Holiday Inns hotel chain. dollars in taxes, we should do this right. We 1998. Kemmons Wilson was born in Osceola, Ar- should promote a prosperous future for Amer- As an avid bicycling enthusiast, Mr. kansas, but spent most of his life in Memphis, ica. We should encourage the intellectual de- McEncroe had not only enough energy to run where he was well respected and well known velopment of our nation’s youth. We should for his business, community and philanthropic a successful restaurant, but also spent count- focus on families, and students, and make col- less hours involved in his community as well. involvement. He traveled the world developing lege possible for everyone. the hotel chain that made him an international He worked with the Colorado Philharmonic Or- Consider the facts—From 1991 to 2001, col- chestra Board, and was a member of the business legend. Over the years he visited lege tuition grew faster than inflation and fam- palaces and dined with royalty, yet he always Saint Anthony Hospital Flight for Life advisory ily income. According to the College Board, board. At one point in time, Paul also served stayed grounded. Kemmons Wilson kept the average tuition and fees grew by 38 percent at ‘‘common man’’ in mind because he always on the Jefferson County School Board. Mr. public four-year institutions and 37 percent at McEncroe gave back to his community in thought of himself as one. Mr. Wilson came private four-year institutions. Over the same from a background where he and his mother countless ways, and will be remembered fond- period, median family income increased by ly for all of his hard work and dedication. struggled greatly after the death of his father, only 8 percent. and during the Great Depression they both In the last year alone, public universities Mr. Speaker, it is with humble respect that worked hard just to survive. The desire to faced the largest single-year increase in 10 I recognize Mr. Paul McEncroe before this never be hungry again drove Kemmons Wil- years. In my district, San Jose State University body of Congress and this nation. He was an son to achieve. fees increased by 10 percent this year and excellent man whose memory will live on in On one fateful trip from Memphis to Wash- could increase an additional 20 to 25 percent the lives of those he touched, especially his ington, D.C. in the early ’50s, Kemmons Wil- next year due to state budget cuts. family. It gives me great pride to be able to son, traveling with five children in tow, found In addition, the burden of student loans con- honor such a man. it impossible to find nice lodging where they tinues to increase. Average student loan debt wouldn’t be charged extra for children. Frus- is now close to $17,000, up from $8,000 in f trated but inspired, Kemmons Wilson founded just seven years. the first Holiday Inn, vowing to provide aver- We cannot let families and students con- RETIREMENT OF COACH WILSON age families with comfortable, affordable ac- tinue to shoulder the burden of rising costs in TERRELL, JR. commodations. Over the next fifty years, his higher education. This is why I am introducing bold vision, pioneering spirit and hard work the Affordable College Education Act of 2003, made him a business icon, and his brainchild, Holiday Inn, changed the face of the hotel in- ACE. HON. CHARLES W. ‘‘CHIP’’ PICKERING ACE puts money back in the pockets of dustry forever. Today countless locations and OF MISSISSIPPI vacations later, the hotel chain Mr. Wilson middle-class families who need help with col- IN THE HOUSE OF REPRESENTATIVES founded is still helping families create lasting lege costs. It will allow American taxpayers to fully deduct college expenses, including tui- memories together. Thursday, February 13, 2003 Kemmons Wilson’s generous, life-long phi- tion, fees, books, supplies, transportation, lanthropy testifies to his devotion to family and housing and meal plans. This bill will also help Mr. PICKERING. Mr. Speaker, for the past community. Whether it was to his church Americans saddled with student loan debt by 41 years, Wilson Terrell has coached basket- where he was a member for 46 years, or to allowing them to deduct all student loan inter- ball for the Laurel City School District, influ- the University of Memphis where he built the est. encing the lives of many of the young men only Hospitality and Resort Management ACE breaks down financial barriers and en- within the community of Laurel, Mississippi. school of its kind in the southeast, Kemmons sures what every family wants for their chil- While some people remember him as a coach, Wilson gave joyfully and abundantly. He re- dren: the opportunity for higher education. I I remember him as someone who enjoyed membered how often he had been helped urge you to support this bill and deal an ACE mentoring and teaching students as much as along the way, and he was glad to help others for American families facing the daunting costs he loved the game of basketball. of college. in return. Since the beginning of his coaching career Mr. Speaker, Kemmons Wilson worked tire- f in 1962, he has been a role model for many lessly to improve the quality of life for families TRIBUTE TO PAUL MCENCROE young men. He taught them how to respect around the world, and he will be remembered others, how to take responsibility for their ac- not only as a business legend but also as a SPEECH OF tions, and a discipline of hard work and ac- caring family man and devoted friend who al- countability. He has been a strong asset to the ways remembered his roots. I thank the HON. SCOTT McINNIS Laurel City School District and the community. speaker for allowing me to honor him today. OF COLORADO During his time as coach he led the Laurel f IN THE HOUSE OF REPRESENTATIVES Tornadoes to several District Championships AFFORDABLE COLLEGE Thursday, February 6, 2003 and to the State playoffs. Coach Terrell loved EDUCATION ACT OF 2003 Mr. MCINNIS. Mr. Speaker, it is with great to win at basketball, but more importantly, he honor that I recognize Mr. Paul McEncroe of loved to see his students succeed in life. Wil- HON. ZOE LOFGREN Evergreen, Colorado. At this time, I would like son Terrell is truly a man of incredible char- OF CALIFORNIA to pay tribute to the life of Mr. McEncroe. Paul acter. As a former student in the Laurel public IN THE HOUSE OF REPRESENTATIVES will be remembered as a man of great spirit, schools, I am honored to join with the entire charm, and friendliness by all of those whom community, and his former and current stu- Thursday, February 13, 2003 he knew. dents and players, to wish him well in his re- Ms. LOFGREN. Mr. Speaker, in the State of Mr. McEncroe was born in 1922 in Chicago. tirement and to thank him for his invaluable the Union address, President Bush proposed Both Paul and his wife, Donna, attended service.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.103 E13PT2 E270 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 IN RECOGNITION OF THE RETIRE- All of us who have had the honor to work During his State of the Union address, MENT OF NANCY LONSDALE with her these past years are better people President Bush rolled out an initiative to fund because of our association with her. For in ad- the development of hydrogen fuel cell vehi- HON. JAMES C. GREENWOOD dition to her work ethic, she brings a high and cles. While I support this worthy goal, most OF PENNSYLVANIA uncompromising moral standard matched with experts estimate that fuel cell powered vehi- IN THE HOUSE OF REPRESENTATIVES an inquiring mind imbued with an abiding cles are a generation away. Thursday, February 13, 2003 sense of the value and the dignity of every Mr. Speaker, we don’t need to wait many human being. years to support alternative fuel vehicles—it’s Mr. GREENWOOD. Mr. Speaker, it is es- In her last will and testament, the founder of time to put the pedal to the metal and accel- sential that those of us who have the high Nancy’s alma mater, Sophia Smith, wrote erate the energy independence of America. honor and privilege of serving in this body reg- these words about the woman’s college she Pass H.R. 770. ularly remind ourselves how dependent we are founded, ‘‘It is my wish that the institution be f upon our families, our friends, our supporters, so conducted, that during all coming time it our volunteers and most especially upon our shall do the most good to the greatest num- HONORING MAE EMMA BROOKS OF dedicated staffs, to carry out the work of the ber. I would have it a perennial blessing to the CENTRE, ALABAMA nation that has been entrusted to our care. country and the world. ‘‘ It is difficult, at times, for those who do not I can attest that in the case of Nancy work in this body to appreciate the incredible HON. MIKE ROGERS Lonsdale, Smith College alumni that wish has OF ALABAMA demands that are regularly placed upon our been more than fulfilled. Nancy Lonsdale is a IN THE HOUSE OF REPRESENTATIVES intellect, our time, our health and on numerous blessing, to her family, to her colleagues, to occasions, our sheer physical endurance, as her country and to the world she labors so Thursday, February 13, 2003 we labor to conduct the people’s business. Yet tirelessly to improve. Mr. ROGERS of Alabama. Mr. Speaker, I the opportunities to do good and to seek the f rise today to honor Mae Emma Brooks of answers to the challenges of our times are so Centre, Alabama. On February 22, 2003, she PUTTING THE PEDAL TO THE great that, however heavy the burden, we will be honored by St. Mary’s United Methodist METAL: ACCELERATING THE EN- heed the call to duty. Church, of Centre, Alabama, which has been None of this work, however, is done by ERGY INDEPENDENCE OF AMER- her church for the past 74 years. Members of Congress alone. In fact, without ICA ACT Mrs. Brooks began attending St. Mary’s in the strong, constant, and faithful service that is 1920 at the age of 5 and became a member rendered to us and to our country by our pro- HON. BOB FILNER the church in 1929. In addition to raising 6 fessional staff the work would be impossible to OF CALIFORNIA perform. Every day, we rely upon their knowl- children and her membership in the Progres- IN THE HOUSE OF REPRESENTATIVES sive Women’s Guild Order of the Eastern Star, edge, their wisdom and their moral strength of Thursday, February 13, 2003 character to carry a hundred different missions Mrs. Brooks has devoted her entire life to her . . . from developing legislation to solving Mr. FILNER. Mr. Speaker, I rise today to in- church. She was the Church Secretary for 42 constituent problems to offering counsel and troduce H.R. 770, ‘‘Putting the Pedal to the years, the former President of the Women’s advice on the complex issues that come be- Metal: Accelerating the Energy Independence Society of Christian Service, a choir member fore the Congress. of America’’ Act, legislation creating a broad for more than 40 years and head of the Board Like many of my colleagues, we are most tax credit for the production of alternative fuel of the Communion Stewards for more than 50 often reminded of the invaluable service our vehicles. years. staff members render to us and to our nation Transportation accounts for about two-thirds Because of her devotion to St. Mary’s when one of our team retires or moves on. of the oil consumption in the United States, United Methodist Church and its congregation, This is the case with me today. and we are 97 percent dependent on oil for I salute Mae Emma Brooks and join this fine For ten years, both in Washington and in our transportation needs. If our nation is going church in thanking Mrs. Brooks for her gen- my District office at Doylestown, Pennsylvania, to have a strategy for energy security, that erous life of service. Ms. Nancy Lonsdale has been a devoted and strategy must begin with transportation fuels. f capable member of my professional staff. And As we all learned during the California energy CONGRATULATIONS TO PEDRO for years before that, she served as a volun- crisis, any strategy for energy security has to CAPO AND THE ENTIRE CAPO teer in a number of my campaigns for state of- be based in alternative sources of production, FAMILY fice. During most of that time, she served as to ensure that we have we are never again my Executive Assistant and Scheduler at held captive by one company or industry. home in the district. In that position she was When enacted, this legislation will offer a HON. LINCOLN DIAZ-BALART the steward and guardian of life’s most pre- tax credit for every dollar invested by compa- OF FLORIDA cious commodity . . . time. Through all those nies towards the production of alternative fuel IN THE HOUSE OF REPRESENTATIVES years she has served as an honest broker, vehicles. The credit will allow companies to Thursday, February 13, 2003 ably accommodating the desire of the thou- take a credit equal to the percent of invest- sands of constituents who wished to see me ment in the production of alternative fuel vehi- Mr. LINCOLN DIAZ-BALART of Florida. Mr. with all the other myriad demands placed on cles, so if a company spends 40% of their Speaker, I rise today to commend Mr. Pedro a Member of Congress. time and expense on producing alternative Capo for becoming the first Hispanic to serve Perhaps what I am most appreciative of is fuel vehicles, they would receive a 40% credit as president of the National Home Furnishings her dedication throughout those years, when against its tax burden. Association. Mr. Capo’s journey is inspiring my children were so young, to carve out a Hopefully, this will spur small companies and it speaks volumes of determination, pas- time for me to perform the most important duty and large companies alike, to move towards sion, and family values. in my life . . . to be a father to my children. the production of alternative fuel vehicles. This Approximately 36 years ago, Pedro Capo’s And not just a loving and caring father, but landmark legislation will help break the old father, Manuel, and two brothers fled com- even more importantly, one who had the time cycle of automobile manufacturers failing to munist Cuba in a 24-foot wooden boat mo- to be truly involved in the life of my growing sufficiently invest in alternative fuel vehicle tored only by a converted water pump. Their family. technology, because it was not profitable boat was named ‘‘El Dorado,’’ the Spanish But I am in her debt as well for many other enough. word for dolphin. This name was to fore- services she rendered. Charged with the task Many companies, large and small, are al- shadow the success to come, both in reaching of managing my schedule, she yet found time ready in the business of producing alternative their destination and continuing a successful to take on some of the most difficult casework, fuel vehicles, such as L3 Research, Inc. in family tradition. Upon arriving in the United including the needs of service men and San Diego. L3 Research Inc. has a prototype, States Mr. Capo’s father and three brothers women on active duty and families in crises. the L3 ‘‘Enigma’’—a hybrid-electric sports car. used the experience gleaned in the family’s To everything she does and has done, This is the world’s first hybrid-electric sports successful furniture shop in Cuba and shortly Nancy Lonsdale brings a level of commitment, car, faster than a Corvette, and it recharges after they founded El Dorado Furniture. a sense of purpose, and a degree of compas- from a common wall outlet. This is the kind of The Capo family reflects traditional Cuban sion unsurpassed by anyone I have ever innovative, next-generation, vehicle production values, hard-work, self-reliance, self-con- known. that will benefit from this legislation. fidence and determination.

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.107 E13PT2 February 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E271 El Dorado Furniture is a success by any TRIBUTE TO RUTH WILLIAMS its high-quality drinking water. The district has standard. From its humble sales of $18,251 its BUCE gained widespread respect for its water con- first year, it boasts sales of $125 to $130 mil- servation and attention to top quality materials lion in 2002. Not many businesses can claim HON. ANNA G. ESHOO in its distribution system. Mr. Speaker, I know that it is common for at least a 22 percent increase every year. OF CALIFORNIA members of Congress to speak proudly of the Apart from El Dorado’s business success, it IN THE HOUSE OF REPRESENTATIVES has served as a source of family unity. All the quality of their local products. But in this case, family members continue to work in the busi- Thursday, February 13, 2003 the product served by Mission Springs Water ness, including seven of the 19 grandchildren. Ms. ESHOO. Mr. Speaker, I rise to honor District has certified by experts as some of the Passion for the furniture business has been Ruth Williams Buce who died on January 20, best in the nation. The district has received one gold and two silver medals in the largest in the Capo family’s blood and can be traced 2003, after a brief illness at the age of eighty- international water tasting competition held: back to Cuba. Pedro Capo’s father describes two. the Berkeley Springs, West Virginia, Inter- him as a child ‘‘having an active imagination’’ Ruth Williams Buce was born in Alexander national Water Tasting and Competition. and as a child who ‘‘loved to share his ideas City, Alabama, and was the first woman in her family to earn a college degree. She was a In 1998, the district sponsored state legisla- with the whole family’’. In the last 10 years, tion to ensure protection of its award winning Pedro Capo has been sharing his ideas as a member of the ‘‘greatest generation,’’ the gen- eration that secured democracy and built groundwater. The legislation amended Section member of National Home Furnishings Asso- 13281 of the Porter-Cologne Water Quality Act ciation, and in his new position as president, America in the 20th century. Ruth made friends everywhere she went in (the California Water Code), granting special he will continue to share his ideas with Na- protection to the Mission Creek and Desert tional Home Furnishings Association members her unending pursuit of continuing education and personal growth. She lived a life of vol- Hot Springs Aquifers—the sources of the cities about getting the most out of their retailing drinking water and world-renowned mineral businesses. unteerism and gave generously to many causes. She helped her parents prepare food water. The district has continued to support I urge all our colleagues to join me in paying and deliver it to those in need; she rolled ban- other legislation that protects water resources tribute to the entire Capo family, and espe- dages in World War II, and worked as a hos- throughout California. cially to Mr. Pedro Capo, a man that embodies pital aide. Most recently she volunteered at The district has also been a good corporate the American dream. He serves as a shining the Methodist Country House Health Center. citizen. In 1999, the district created the Mis- example and reminder that anything is pos- Ruth was an avid participant and a leader in sion Springs Foundation, a 501(c)(3) dedi- sible in the United States and that dreams can the Friends of the Concord Pike Library, the cated to educating the community about water and do come true. A man who stands out as AAUW Landmarks Group and St. Paul’s and human impact on water quality. It was in- a light for all; whether newly arrived immigrant United Methodist Women. strumental in the formation of the Desert Hot or multi-generational United States citizen. She is survived by her husband of 60 years, Springs Groundwater Guardian Team in 1995. William Austin Buce and her children, James The Groundwater Guardian is committed to f A. Buce and his wife Judith, Robert E. Buce working in the community with the mission of ‘‘teaching the community to care for and about WILDLIFE GRANTS PROGRAM and his wife Barbara, and Janet Buce Cook. She also leaves two grandchildren, Julie and groundwater.’’ In 2000, under the leadership of Brian Buce. district and the Groundwater Guardian Team, HON. CHARLES F. BASS Mr. Speaker, I ask my colleagues to join me the newly constructed Desert Hot Springs in honoring Ruth Williams Buce for her lifetime High School became the first Groundwater OF NEW HAMPSHIRE of extraordinary service to her community and Guardian Campus in the Nation. In 1995, the district sponsored the First Big IN THE HOUSE OF REPRESENTATIVES her country and extending our deepest sym- pathy to her entire family. Blood Drive on behalf of the Desert Hot Thursday, February 13, 2003 Springs Chamber of Commerce and the f Coachella Valley Blood Bank. The drive set Mr. BASS. Mr. Speaker, today, Congress is A TRIBUTE TO MISSION SPRINGS records for net pints donated in a single day failing to protect America’s wildlife by short- WATER DISTRICT FOR 50 YEARS drive in subsequent years. changing the State Wildlife Grants program. OF SERVICE Mr. Speaker, it is clear that in its 50 years As many know, I am a strong and consistent of existence, the Mission Springs Water Dis- supporter of this program, which works to pre- HON. JERRY LEWIS trict has not only provided the highest quality serve wildlife and save endangered species. water in the nation to its customers, but has OF CALIFORNIA Last year, I joined 57 colleagues in recom- also served as an inspiration source of com- IN THE HOUSE OF REPRESENTATIVES mending $150 million in funding. Regrettably, munity pride for those who live in its service the Fiscal Year 2003 omnibus legislation dra- Thursday, February 13, 2003 boundaries. Please join me in congratulating matically decreasing the spending level sup- the board and employees, and wishing them ported by the House last July. Mr. LEWIS of California. Mr. Speaker, I would like today to offer my congratulations to well for the future. Restoration of previous funding levels for the board of directors and employees of the f the State Wildlife Grants program, translates Mission Springs Water District for 50 years of RECOGNIZING VIRGINIA RUE, AS- into greater protection of endangered species. high quality service to the residents of Desert In particular, 78 species in New Hampshire SISTANT SUPERINTENDENT OF Hot Springs, California and the surrounding THE NAPA VALLEY UNIFIED are threatened, endangered or classified as a desert communities. ‘‘species of concern.’’ These include the SCHOOL DISTRICT AT THE TIME As you can imagine, Mr. Speaker, water is OF HER RETIREMENT Karner Blue butterfly, Piping Plover, and one of the most important concerns to resi- Blanding’s turtle. Through the State Wildlife dents of a desert community. However, many Grant program, the New Hampshire Fish and of my colleagues from the watery East may HON. MIKE THOMPSON OF CALIFORNIA Game Department is able to monitor viability not know that there are millions of gallons of IN THE HOUSE OF REPRESENTATIVES and health. States that monitor wildlife in a some of the finest water to be found in the un- comprehensive manner are able to identify derground basins of the deserts of California. Thursday, February 13, 2003 and heal declining species that, unchecked, Blessed with one such basin, the early resi- Mr. THOMPSON of California. Mr. Speaker, would require ‘‘emergency room’’ care to avoid dents of the community (later to become the I rise today to recognize Virginia Rue, who is their extinction. Clearly, preventive measures city) of Desert Hot Springs established, by retiring after working for 27 years in the field save the wildlife and also taxpayer dollars vote, a water district that was later to become of education. During the past nine years, Mrs. eventually required for heroic measures. Mission Springs Water District. That original Rue has served as the Assistant Super- In 2000, when 315 of my House colleagues district served one square mile when it was intendent of the Napa Valley Unified School and I passed the Conservation and Reinvest- created in February 1953. Today, it covers District. ment Act, we did not foresee the dramatic cuts 135 square miles of a rapidly growing desert Mrs. Rue has been dedicated to education to the State Wildlife Grants program. Today, area. throughout her life. Part of a new generation we can and should commit more resources for Since its inception, the district has com- of women who refused to be denied a univer- national conservation efforts. mitted itself to provide, protect and preserve sity education, she enrolled at Old Dominion

VerDate Jan 31 2003 03:53 Feb 15, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.110 E13PT2 E272 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2003 University, VA where she earned her Bach- HONORING THE LIFE OF DAVID crash, the car erupted into flames and for sev- elors degree in American History. Even after ALAN POWELL eral long minutes, David fought back flames completing her undergraduate education, Mrs. as he and others tried desperately to remove Rue’s educational goals were not fulfilled. She HON. LINDA T. SA´ NCHEZ the critically injured passengers from the car. continued studying and eventually earned her OF CALIFORNIA His heroic efforts resulted in his nomination for Doctoral degree in Educational Administration. IN THE HOUSE OF REPRESENTATIVES another valor award. Unfortunately, he won’t be here to receive it. Mr. Speaker, it is most impressive that even Thursday, February 13, 2003 David was a Christian and attended the with a doctorate in hand, Mrs. Rue felt that her Ms. LINDA SA´ NCHEZ of California. On No- educational goals could not be fulfilled without Lawndale Christian Church his entire life. His vember 30, 2002 David Alan Powell, a true love for his family and faith were evident ev- helping to educate others. As a high school hero and proud father was taken from us in teacher she motivated her History students to erywhere. David applied his values to all that the line-of-duty. he did, and he believed in God’s plan for him. get involved in government and to appreciate That night, an Artesia residence was fired David and his wife met at church and married our Nation’s rich heritage. Later, as the Prin- on by armed gang members. A fleeing sus- in January 1990. Although Emma had three cipal of Vintage High School in Napa, CA Mrs. pect forced his way into an occupied home. children from a previous marriage, David loved Rue organized a dedicated staff, maintained a Deputy David Powell, doing one of the things and cared for them as though he was their fa- fiscally sound budget and spread an overall he loved to do, risked his life to save the life ther. As their daughter Alicia shared, ‘‘He was enthusiasm for education that was, quite sim- of another. Within a matter of seconds, Deputy my Daddy . . . the only dad I knew. He was ply, contagious. David Powell was taken from us. The lives, the happiest man. He always had a smile on During her time as Assistant Super- hopes and dreams of his family were changed his face.’’ intendent, Mrs. Rue has supervised 21 ele- forever. He also was a loyal man who loved his job. David’s heart was filled with love and his mentary schools, 4 middle schools, 2 com- Just this past Thanksgiving, David shared with whole purpose in life was to make a dif- prehensive high schools, a technology school, his family that with his seniority, he could eas- ference. David entered the sheriffs academy, one adult school and a continuation school. As ily ask to leave patrol and be assigned to a Class 221, on January 19, 1984. After grad- Assistant Superintendent, she has also ex- desk. However, he loved his car, Unit 134T1, uating from the academy he was assigned to panded services to Limited English Proficient so much so, he couldn’t bear the thought of custody for three years where he worked both students, incorporated a senior citizen tutoring transferring inside and leaving the patrol car, Men’s Central Jail and Pitchess Detention program, secured substance abuse grants and and the job that brought him so much fulfill- Center. In 1987, he was assigned to Firestone implemented new reading programs. The im- ment and satisfaction in helping others. Station. In 1988, he transferred to Lakewood provements Mrs. Rue has made in the Napa Station, and he earned the reputation of being Shortly after leaving the hospital on the day Valley Unified School District have been enor- dedicated and hard working. In the commu- of her father’s death, seven-year-old Brianna mous. nities where David worked, everyone knew Powell wrote a note to her dad: ‘‘I love you Mr. Speaker, Mrs. Rue is a shining example him. Children would wave to him and call his dad. I know you will always be in my heart. I of dedication to education. The knowledge, name. He loved children and he loved helping wish you were still down here with all my fam- concepts and programs that her students have people. ily. I will never forget you. I wish you were still benefited from during her tenure are a perma- In November 2000, David was presented alive.’’ nent reminder of how significant her edu- the Valor Award by the City of Lakewood for I commend David Powell for his valor and cational contributions have been. For these saving the life of an elderly male who was at- service to his country. reasons and countless others, it is most ap- tempting suicide. In 2002, he was one of sev- Born: May 27, 1960. propriate that we honor Mrs. Virginia Rue’s eral law enforcement officers who tried to save Entered Department: January 18, 1994. educational career and extend our best wishes the lives of three individuals that had crashed Killed in the Line of Duty: November 30, to her in her retirement. their car following a pursuit. As a result of the 2002.

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